TERMS AND CONDITIONS FOR VISITORS OF MAGNETIC FIELDS FESTIVAL
These Terms and Conditions for Visitors are of MAGNETIC FIELDS EXPERIENCES PVT LTD (hereinafter referred to as ‘Magnetic Fields Festival’), with registered office at Office No. 1, Alsisar Mahal, VPO Alsisar, Jhunjhunu, Rajasthan India, and apply to all Agreements that are entered into with Visitors to Events organised by or on behalf of MAGNETIC FIELDS FESTIVAL.
These Terms and Conditions for Visitors apply to the Agreement between the Visitor and MAGNETIC FIELDS FESTIVAL.
MAGNETIC FIELDS FESTIVAL:
MAGNETIC FIELDS EXPERIENCES PVT LTD, with registered office at Office No. 1, Alsisar Mahal, VPO Alsisar, Jhunjhunu, Rajasthan India, which engages in services in the area of performing arts and the organisation of entertainment led events.
Visitor:
Any person who is not acting in the context of profession or company and who enters into an Agreement with MAGNETIC FIELDS FESTIVAL directly or indirectly in the context of attending an Event, as well as any person in or around the Event Location and who has entered into an agreement directly or indirectly with MAGNETIC FIELDS FESTIVAL.
Event:
An event, including a (music) performance and/or other manifestation, a concert, dance event, business event and/or a public or closed event in which one or more people take part, organised and/or facilitated by or on behalf of MAGNETIC FIELDS FESTIVAL at the Event Location.
Event Location:
Location where an Event takes place, which is used for the Event to be organised and/or facilitated by or on behalf of MAGNETIC FIELDS FESTIVAL.
Company Rules:
The Company Rules of MAGNETIC FIELDS FESTIVAL with which Visitors must comply when visiting MAGNETIC FIELDS FESTIVAL Events.
Agreement:
Any contractual relationship between the Visitor and MAGNETIC FIELDS FESTIVAL that has been effected in accordance with the Terms and Conditions for Visitors in connection with attending an Event, as well as any other provision or statement that has been declared applicable to the legal relationship between the Visitor and MAGNETIC FIELDS FESTIVAL
Ticket:
Proof, provided by or on behalf of MAGNETIC FIELDS FESTIVAL, that the Visitor has the authority to be at, go to or go from the Event Location;
Ticket Price:
The price for a Ticket, as also stated on the Ticket, excluding any extra service and/or administration charges;
Social Media:
The social media channels registered and/or used in MAGNETIC FIELDS FESTIVAL’s name and/or on behalf of MAGNETIC FIELDS FESTIVAL specifically affiliated with the Website and other (promotional) statements from or on behalf of MAGNETIC FIELDS FESTIVAL.
Website:
MAGNETIC FIELDS FESTIVAL’s website (www.magneticfields.in) and website(s) of Events that are registered in MAGNETIC FIELDS FESTIVAL’s name specifically affiliated therewith, including eventual app’s affiliated with and/or connected to the Website.
- These Terms and Conditions for Visitors apply to every Agreement that is entered into between MAGNETIC FIELDS FESTIVAL and the Visitor, regardless of the manner in which this Agreement is concluded, as well as any visit by the Visitor to the Event Location.
- MAGNETIC FIELDS FESTIVAL may at all times amend these Terms and Conditions for Visitors in part or in full. MAGNETIC FIELDS FESTIVAL shall inform the Visitor of the amendments to the Terms and Conditions for Visitors in a timely manner by reporting them on its Website and/or Social Media. If the Visitor is of the opinion that the amendments conflict with the principles reasonableness and fairness, the Visitor must inform MAGNETIC FIELDS FESTIVAL of this within 10 (ten) working days. The Visitor’s failure to do so will be interpreted as his/her agreement to the amendments.
- MAGNETIC FIELDS FESTIVAL explicitly rejects the applicability of any general terms and conditions of the Visitor.
- If any provision of these Terms and Conditions for Visitors is invalid, this will not affect the applicability of the remaining provisions of these Terms and Conditions for Visitors.
- The Visitor is aware that in addition to these Terms and Conditions for Visitors and the Company Rules of MAGNETIC FIELDS FESTIVAL, other conditions may apply to the purchase of Tickets for MAGNETIC FIELDS FESTIVAL Events, including for example the general terms and conditions of Your Ticket Provider BV and general terms and conditions and company rules of the manager/owner of the campsite and/or recreational site.
- Information, offers, announcements, (marketing) campaigns and quotations regarding Events and/or (the sale of) Tickets will be provided or displayed by MAGNETIC FIELDS FESTIVAL and/or third parties orally, by telephone, by e-mail, via the Website or Social Media as accurately as possible. MAGNETIC FIELDS FESTIVAL accepts no liability for any inaccuracies or incompleteness in the aforesaid announcements made by MAGNETIC FIELDS FESTIVAL and/or third parties.
- An Agreement is concluded when the Visitor buys a Ticket from MAGNETIC FIELDS FESTIVAL; in other words, has accepted an offer from or on behalf of MAGNETIC FIELDS FESTIVAL to acquire such, whether or not for payment.
- On entering the Event location and throughout the period that the Visitor is at the Event Location, the Visitor must have on his/her person valid proof of identity and a valid Ticket and must show these at the first request of employees of MAGNETIC FIELDS FESTIVAL, employees of the Event Location, security staff, the police and/or other competent authorities.
- A Ticket will be provided to a Visitor once only and gives one Visitor access to the Event and the Event Location.
- If an Event is moved to another date by or on behalf of MAGNETIC FIELDS FESTIVAL, for example as a result of or in connection with force majeure, the Ticket will remain valid for the new date on which the Event will take place. If the Visitor is unable or unwilling to visit the Event on the new date, the Visitor is entitled to return the Ticket to MAGNETIC FIELDS FESTIVAL for a refund of the payment stated on the Ticket, regardless of the price that the Visitor paid for the ticket. Service and/or administration charges will not be refunded.
- A Ticket allows only the holder of the Ticket access to the Event Location. It is the Visitor’s own responsibility to ensure that he/she is and remains the holder of the Ticket. Tickets are and remain the property of MAGNETIC FIELDS FESTIVAL.
- A Ticket may comprise a document provided by or on behalf of MAGNETIC FIELDS FESTIVAL, a wristband or a barcode provided by or on behalf of MAGNETIC FIELDS FESTIVAL. The barcode is a unique code that is provided to the Visitor via electronic communication (for example, by e-mail). If the Visitor has chosen to receive the Ticket in this manner, the Visitor must ensure that this Ticket can actually be sent to him in a safe manner via electronic communication. Once he/she has received the Ticket ordered, the Visitor must check its accuracy. If the Ticket ordered by the relevant Visitor is not received in a timely manner, or if defects or mistakes are discovered on the Ticket, the Visitor must contact MAGNETIC FIELDS FESTIVAL immediately in writing (by e-mail). MAGNETIC FIELDS FESTIVAL guarantees neither the confidentially nor the receipt of the Ticket.
- Only purchases through MAGNETIC FIELDS FESTIVAL will guarantee the validity of the Ticket. The burden of proof of this validity lies with the Visitor. The Visitor may be
refused access to the Event Location if it appears that the Ticket has not been obtained from MAGNETIC FIELDS FESTIVAL.
- The risk of loss, damage or misuse of the Ticket lies with the Visitor from the moment that Ticket is made available to the Visitor. The Visitor is not entitled to a refund of the Admission Price or any other compensation in the event of loss, damage or misuse of the Ticket, or in the event that the Visitor for whatever reason does not make use of the Ticket. Once obtained, a Ticket cannot only be refunded up to 14 days from purchase.
- The Visitor is not permitted to remove and/or change mentions of copyright, brands, logos, models, trade names and/or other industrial or intellectual property rights of MAGNETIC FIELDS FESTIVAL.
- MAGNETIC FIELDS FESTIVAL reserves to set a maximum for the number of Tickets that may be obtained by each (potential) Visitor; the (potential) Visitor is obliged to comply with this maximum in such event.
- Tickets may not, either directly or indirectly, be resold, offered for sale or provided to third parties for commercial purposes in any manner whatsoever.
- The Visitor may not advertise or create any other form of publicity in any manner, either directly or indirectly, in connection with the Event and/or any other part thereof in a commercial sense and for his/her own gain. Nor may the Visitor refer to the Ticket or Tickets for the Event in such advertising or publicity.
- If the Visitor does not comply with the obligations of this article, MAGNETIC FIELDS FESTIVAL has the right to deem his/her Ticket. The holder of an invalid Ticket will not be allowed to access the Event or the Event Location and will not be entitled to receive any compensation.
- Travel to and from, the entering and exiting of the Event Location and the attendance of the Event at the Event Location will take place entirely at the Visitor’s own risk.
- MAGNETIC FIELDS FESTIVAL is not liable and accepts no liability for damage resulting from the cancellation of, changes to or the relocation of an Event, nor for any other damage, for whatever reason, that is a direct or indirect result of an act or omission of MAGNETIC FIELDS FESTIVAL and/or the Event Location, of persons in their employment or of other persons who have been set to work by them, or of third parties, during the Event or in connection with travelling to or from or staying at the Event Location.
- MAGNETIC FIELDS FESTIVAL is not liable and accepts no responsibility for the manner in which shape is given to the Event programme, in its changed or original form, including the content and length of the Event programme.
- Found property must be given to the person working behind the bar, desk by the lockers or checkout at the Event Location. Found property will be kept by or on behalf of MAGNETIC FIELDS FESTIVAL or the lessor of the lockers for a period of two weeks, during which period the legal owner may collect the property he/she has lost from MAGNETIC FIELDS FESTIVAL.
- MAGNETIC FIELDS FESTIVAL has the right to change all or part of an Event. Only in the event that an entire Event is cancelled will MAGNETIC FIELDS FESTIVAL refund the Admission Price, but not the administration and service charges, to the original buyer of the Ticket at the Visitor’s written request.
- MAGNETIC FIELDS FESTIVAL has the right to cancel or relocate all or parts of an Event, without stating reasons. It is the responsibility of the Visitor to check whether all or parts of an Event have/will be cancelled or have/will be relocated and what the new time or the new location will be. In the event of cancellation or relocation, MAGNETIC FIELDS FESTIVAL shall do its best to ensure that the Visitor is informed of this as soon as it comes to its knowledge. MAGNETIC FIELDS FESTIVAL cannot however guarantee that the Visitor will receive this information before the start of the Event. MAGNETIC FIELDS FESTIVAL is not liable for any damage in such cases.
- Tickets for Events that are relocated will in principle remain valid for that relocated Event. For more information, the Visitor can contact MAGNETIC FIELDS FESTIVAL.
- The Company Rules of MAGNETIC FIELDS FESTIVAL are applicable to every visit by the Visitor to MAGNETIC FIELDS FESTIVAL Events and the Event Location. The Visitor explicitly accepts the applicability and content of these Company Rules. Visitors must behave in accordance with these Company Rules of MAGNETIC FIELDS FESTIVAL and/or the Event Location, as well as the generally accepted rules of common decency and morality. If in the opinion of employees of MAGNETIC FIELDS FESTIVAL and/or the Event Location and/or security staff, the Visitor does not behave in such a manner, the Visitor may be addressed on this by employees of MAGNETIC FIELDS FESTIVAL and/or the Event Location and/or security staff. If the Visitor breaks the Company Rules or repeats or continues behaviour that is incompatible with the aforesaid Company Rules and/or the generally accepted rules of common decency and morality, the Visitor may be refused access to the Event and, if necessary, handed over to the police, without being entitled to a refund of the Admission Price for the Ticket or any service and/or administration charges charged and/or costs incurred otherwise.
- The Visitor is not permitted to record the visit to the Event, in any form whatsoever, on any digital or other carrier whatsoever, including the photographing, filming and/or any other method of making sound or image recordings of all of parts of the Event.
- MAGNETIC FIELDS FESTIVAL is entitled to make sound and/or image recordings of the Event Or parts of the Event, or to have these made, including of Visitors. A Visitor who visits an Event:
- explicitly agrees to the recording and/or (re)use of his/her name, voice, portrait and/or image and persona by means of live or otherwise broadcast audio and/or image recordings, (re)broadcasts or other forms of publication, reproduction and/or distribution,in any manner and via any media or technologies whatsoever, known now and/or in the future;
- gives explicit, irrevocable and unconditional permission for the (re)use referred to under a), for a limited period of time, worldwide and for no consideration;
- holds neither MAGNETIC FIELDS FESTIVAL nor parties that use image and/or sound material, for commercial purposes or otherwise, with MAGNETIC FIELDS FESTIVAL’s permission liable for the use/reuse of this image and/or sound material;
- explicitly waivers his/her portrait and image rights and personality rights in respect of MAGNETIC FIELDS FESTIVAL and its licensers to the extent that it concerns audio and/or image recordings at and around the Event Location in which he/she is identifiable; and
- acknowledges that a video surveillance system and/or audio and image recording equipment may be otherwise operational and agrees that audio and/or image recordings of the Visitor may be made by or on behalf of MAGNETIC FIELDS FESTIVAL in the context of public order and security;
- acknowledges that any rights of intellectual property, including copyright and related rights, connected to the image and/or sound material made by or on behalf of the Visitor, are owned jointly by MAGNETIC FIELDS FESTIVAL; the Visitor shall at MAGNETIC FIELDS FESTIVAL’s first request, for no consideration, cooperate fully in all possible formalities required for the transfer rights or provision of rights in other respects; MAGNETIC FIELDS FESTIVAL is at all times entitled to use, directly or indirectly, the aforesaid image and/or sound material made by or on behalf of the Visitor, in any manner whatsoever.
- The Visitor is not permitted to hand out promotional material at the Event Location, directly or indirectly, including samples, advertising and/or flyers, to the extent that the law permits, without MAGNETIC FIELDS FESTIVAL’s explicit written permission.
- Smoking is not permitted in tents and (temporary) buildings at the Event Location, except in open areas.
- MAGNETIC FIELDS FESTIVAL shall do everything reasonably within its power to guarantee the Visitor’s safety at the Event Location as much as possible. In the context of safety at or around the Event Location, at the first request of employees of MAGNETIC FIELDS FESTIVAL and/or the Event Location, security staff, police and/or other authorised persons, the Visitor must:
- cooperate with a clothing search (frisk);
- allow bags being carried to be inspected; and/or
- pass through a detection gate; and/or x-ray machines for luggage.
- provide proof of identity.
- The Visitor is explicitly forbidden from bringing glassware, plastic bottles, cans, fireworks, drugs, weapons and/or other dangerous objects and/or substances, food and/or alcoholic or non-alcoholic drinks and/or animals or pets to or having any of these in his/her possession at the Event Location, on penalty of confiscation of these items and/or handover to the police.
- The Visitor is not permitted to impair and/or to damage (the inventory at) the Event Location or the immediate vicinity of this location, in any manner whatsoever. If the Visitor damages (the inventory at) the Event Location or the immediate vicinity of this location, the Visitor must pay compensation for this damage.
- The Visitor is not permitted to bring pets or animals during the Event. Crowdsurfing, fires, campfires and/or commercial activities are also forbidden on the Event Site, as are any manner of offensive, discriminatory or insulting behaviour and the wearing and distribution of signs, emblems or insignias of such nature.
- The Visitor must follow instructions, orders and/or directions from employees of MAGNETIC FIELDS FESTIVAL and/or the Event Location, security staff, the police and/or other authorised persons on the first request. These instructions may also prevent undesirable group formations, aggressive behaviour, indecent or offensive behaviour, discrimination, insults, threats, the wearing of provocative clothing, insignias, badges, head scarves and flags.
- If the Visitor refuses to comply with the regulations and safety regulations referred to in this article, the Visitor may be refused access the Event and/or the Event Location, without being entitled to a refund of the Admission Price for the Ticket or any service charges charged and/or costs incurred otherwise.
- Employees of MAGNETIC FIELDS FESTIVAL and/or the Event Location, security staff, the police and/or other competent authorities may at all times request that the Visitor accompanies them in the event of an incident. In that case, the Visitor shall at all times, without objection, cooperate in such an investigation and may subsequently be removed from the Event Location and asked to give a copy of his/her valid proof of identity to the relevant person(s). The Visitor shall cooperate voluntarily with such a request, without objection. During or after the Event, MAGNETIC FIELDS FESTIVAL shall subsequently decide, possibly in consultation with the relevant authorities, whether the Visitor will be banned from attending one or more MAGNETIC FIELDS FESTIVAL Events.
- Consumption vouchers or coupons bought during the Event or during the stay at the Event Location are only valid during the relevant Event and may only be exchanged by the Visitor during the Event. MAGNETIC FIELDS EXPERIENCES PVT LTD will not reimburse the amount paid for these vouchers or coins after the Event.
- The Visitor is aware that loud (amplified) music will be played during the Event. MAGNETIC FIELDS FESTIVAL advises the Visitor to wear ear protection and to go to an environment where no music is played regularly, in order to give his/her hearing a rest.
- MAGNETIC FIELDS FESTIVAL is not liable and cannot be held liable for damage incurred by the Visitor that has occurred as a result of force majeure and therefore accepts no liability for such cases. Force majeure includes: strikes, fire, extreme weather conditions, epidemics and all other circumstances independent of MAGNETIC FIELDS FESTIVAL’s will. In the event of force majeure, MAGNETIC FIELDS FESTIVAL has the right to move all of parts of the Event to another date or to cancel all or parts of the Event or to change all of parts of the content of the Event programme.
- Through entering into an Agreement with MAGNETIC FIELDS FESTIVAL, (personal) data of the Visitor may be collected, recorded and saved in a data file. These (personal) data provided by the Visitor will be processed or on behalf of MAGNETIC FIELDS FESTIVAL.
- In entering into the Agreement with MAGNETIC FIELDS FESTIVAL, the Visitor gives explicit permission to for the processing of (personal) data.
- If during an Event recordings/image recordings are made using security cameras, MAGNETIC FIELDS FESTIVAL may hand over these to third parties, including the police and judicial authorities, in the event of emergencies.
- MAGNETIC FIELDS FESTIVAL shall do everything reasonably within its power to make the Visitor’s stay during the Event at the Event Location as pleasant as possible. MAGNETIC FIELDS FESTIVAL will also attempt to minimise inconvenience or discomfort for the Visitor, as well as guarantee the Visitor’s safety as much as possible. In the unlikely event that the Visitor has complaints concerning the performance of the Agreement and/or the services of MAGNETIC FIELDS FESTIVAL, the Visitor may report these in writing. Complaints must be reported to MAGNETIC FIELDS FESTIVAL no later than 7 (seven) days after the date of the stay at the Event Location.
- All Agreements to which these Terms and Conditions for Visitors apply are governed exclusively by Indian Law.
- Any dispute, of any nature whatsoever, that arises between a Visitor and MAGNETIC FIELDS FESTIVAL as a result of or in connection with the Agreement or further agreements in performance thereof will be submitted exclusively to the courts of India.