DEL MAR WINE + FOOD FESTIVAL
FESTIVAL AND TICKET SALES
TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT, WHICH IS A LEGALLY BINDING DOCUMENT, INCLUDES, AMONG ITS OTHER TERMS, RESTRICTIONS, LIMITATIONS AND CONDITIONS (INCLUDING LIMITATIONS ON LIABILITY), ASSUMPTIONS OF RISK, A NO REFUND POLICY (AND OTHER RELATED RESTRICTIONS), AND WAIVERS OF IMPORTANT LEGAL RIGHTS. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS.
Any purchase or possession of tickets (including wristbands, Hospitality Packages, and/or credentials, collectively, the “Ticket(s)”) for the Del Mar Food + Wine Festival (“Festival”) and events relating to the Festival (each, an “Event”) constitutes the irrevocable acceptance of, and the agreement to be bound by, all of the terms and conditions contained herein, by ticketholder as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “Holder”, and/or “You”). Holder further acknowledges and agrees that the Festival may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained in this Agreement, without advanced, direct or individual notification to you and such revisions shall, at the sole and absolute option of the Festival, relate back to the date of purchase. Please check back periodically for changes. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS, MANDATES AND/OR OTHER CONDITIONS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR IF YOU DO NOT AGREE TO ASSUME, THE RISK(S) TO YOU AS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE A TICKET, DO NO UTILIZE THE SERVICES BEING OFFERED BY US, DO ENTER OR ATTEND THE EVENT(S) AND/OR DO ENTER INTO OR ASSENT TO THE TERMS OF THIS AGREEMENT.
- FESTIVAL ORGANIZERS. The Festival is hosted and organized by Del Mar Food and Wine, LLC (“DMFW”), along with various Festival Sponsors, Exhibitors and Vendors (collectively, “Festival Organizers”).
- REVOCABLE LICENSE. Each Ticket conveys a revocable license to attend the Festival and/or specific Event at the date(s) and time(s) listed on the Ticket only. DMFW reserves the right, without paying a refund, to refuse a Ticket Holder’s entry to or to eject a Ticket Holder from any Festival Event for failure to comply with all policies, venue rules, applicable laws, and health screening and security measures, the determination of said failure being subject to DMFW’s sole discretion.
- AGE REQUIREMENTS. All attendees must be 21 years of age or older. A valid government issued photo identification of Holder (“ID”) may be required to be presented in order to gain entry into the Festival. Holder agrees that the information provided on the ID presented by Holder is valid, true, and correct and relates to Holder. Failure to comply with the age requirements hereunder constitutes a material breach of this Agreement by Holder. In the event of a breach of this provision, DMFW reserves the right, WITHOUT THE OBLIGATION TO REFUND ANY AMOUNTS PAID FOR THE TICKET, to refuse or revoke entry to the Festival to any person who is not at least 21 years of age on date of attendance.
- TICKET PRICING. Tickets for Festival are purchased online and processed through a third party, which charges a convenience/processing fee (not to exceed $15/ticket) to offset operational and product costs. If the amount you pay for a ticket is incorrect regardless of an error in a price posted on this website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then: DMFW will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of human error or a transactional malfunction of this website. Tickets to the Festival are not tax deductible.
- ALL SALES FINAL; NO REFUNDS, NO EXCHANGES, NO REPLACEMENTS; RESALE RESTRICTIONS. All events, prices, personalities, performances, venues, dates and times are subject to change without notice. ALL SALES ARE FINAL. NO TICKETS WILL BE REPLACED, REFUNDED OR EXCHANGED FOR ANY REASON WHATSOEVER AND IRRESPECTIVE OF THE PRICE OF A TICKET AT THE TIME OF PURCHASE. Unlawful re-sale of tickets (or attempted re-sale) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by DMFW, provided that even if such consent is obtained, any use of DMFW’s trademarks and other intellectual property is subject to DMFW’s consent.
- ASSUMPTION OF ALL RISKS.a. Loss or Damage to Personal Property; Personal Injury. Holder hereby assumes any and all risks, whether or not expressly set forth in this Agreement, as well as any risks or dangers incidental to, or in any way relating to, the Festival, the purchase of Tickets hereunder or use of the Festival site, including those arising from, or relating to, the acts or omissions of third parties (including Festival attendees, venue owners, operators, staff, employees or agents; or Festival Organizers, and their respective affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Holder’s personal property and risks of personal injury. Festival Organizers and their respective indemnitees (as defined below), designees, successors or assigns shall not be held responsible, legally, financially or otherwise, (i) for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Festival or at Festival’s access/entry points, or (ii) for personal injuries sustained by Holder (or their guests) in the Festival, whether such injuries or manifestation of such injuries occur during or subsequent to the Festival. Holder further acknowledges and agrees that Festival Organizers shall have no duty to mitigate any of Holder’s potential or actual losses sustained hereunder.b. Public Health. WHILE ATTENDING THE FESTIVAL, YOU WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS (INCLUDING COVID-19) EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. Each Holder voluntarily assumes all risks, hazards and dangers incidental to the Event for which the ticket is issued, whether occurring prior to, during, or after the Event, including but not limited to those of communicable disease.
- INDEMNIFICATION. Holder shall defend, covenant not to sue, indemnify, and hold harmless and forever release and discharge Festival Organizers (including their respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, volunteers, attorneys, authorized agents, predecessors, assigns, successors, licensees, insurers and designees) (collectively “Indemnitees”) from any and all third party claims, damages, judgments, losses, relating to, arising from or in connection with, Holder’s negligent or wrongful acts. Festival Organizers reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
- LIMITATION OF LIABILITY. IN NO EVENT WILL THE FESTIVAL ORGANIZERS AND ASSOCIATED COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR MANAGEMENT OF THE FESTIVAL BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE FESTIVAL OR ANY EVENT RELATING TO THE FESTIVAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
- EVENT CHANGES OR CANCELLATION / FORCE MAJEURE. Festival Organizers shall have no responsibility, financial or otherwise, for Event and/or Festival cancellation, and will not refund Holder for costs incurred in purchasing tickets. Upon the occurrence of cancellation or postponement of the Event and/or Festival due to reasons outlined herein, including but not limited to acts of God, public health emergencies (including, but not limited to, as a result of epidemics and pandemics), riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters, any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or any other reason outside of Festival Organizer’s control, Festival Organizers may, in their sole and absolute discretion offer Holder a credit towards a future festival or event, or reschedule the Festival and/or Event with a Holder’s ticket still being valid. Alternatively, Festival Organizers may cancel the Event and/or Festival without further legal or financial obligation or liability to Holder, including the obligation to issue a refund or to reschedule the Event and/or the Festival. Purchasing Tickets pursuant to these terms and conditions subjects Holder to a high degree of risk relative to possible the Event and/or Festival’s cancellations.
- RIGHT TO USE YOUR NAME, VOICE, IMAGE AND LIKENESS. By attending any Event at the Festival, Holder hereby grants Festival Organizers and their affiliates and licensees the irrevocable, transferable, perpetual right and license to record (by photograph, film, tape, aural devices and any other method or device) the Holder’s name, voice, image and likeness while at the Festival (the “Recordings”) and publish, print, display, or use such Recordings for any and all purposes, in any and all media now known or hereafter devised. No cameras or recording devices are permitted at the Event, except as approved in advance by the Festival Organizers.
- DRINKING POLICY. As responsible members of the community, Festival Organizers urges all adults at the Festival to consume alcoholic products responsibly. Holder agrees that they will practice responsible consumption of alcohol, and anyone who over-consumes or appears to over-consume alcohol will be ejected from all Event activities without a refund. Festival Organizers also recognize the concern about drinking and driving, and its policy is to encourage responsible consumption of products at the Festival. Attendees who consume alcoholic beverages must do so in a responsible manner. If Holder believes that his/her driving ability may be impaired or that Holder cannot safely operate a motor vehicle, please speak with a Festival representative who will assist in securing transportation (at Holder’s cost) to Holder’s destination point. Due to the sheer number of Event attendees, neither the Festival Organizers nor the representatives of any Event venue can ensure that all attendees who intend to drive are capable of driving. Accordingly, Holder agrees to release, indemnify and hold harmless Organizer Representatives and the Event venue, as appropriate, from any liability related thereto.
- PROHIBITED ITEMS AND ACTIONS. All those who enter the Festival, Festival grounds, Event and/or parking areas relating to the same agree to the following:
- a. all personal items are subject to search.
- b. Attendees may not bring food or drink products.
- c. No smoking or vaping is allowed.
- d. Sound recordings and videography of the Festival/Event are expressly prohibited unless prior permission is approved.
- e. Skateboards, bicycles, skates, drones, and rollerblades are prohibited.
- f. It is further forbidden to use, possess, hold or bring the following items:
- i. all weapons, regardless of type, and all objects that can be used as such;
- ii. all objects, materials or substances suitable to pose a threat to safety, public order, or to disrupt the Festival and/or Event, or cause damage to persons or goods;
- iii. projectiles of any kind such as bolts, pieces of wood or metal, stone, glass, cans, bottles;
- iv. flammable or explosive substances, liquids and gases, fireworks of any kind;
- v. alcoholic drinks, narcotics or stimulants;
- vi. banners or other signs bearing commercial, offensive, malicious, provocative, political, ideological or religious texts or messages;
- vii. flags, banners, badges, inflatable items, or symbols usable to disrupt order and safety or to impair visibility of other spectators;
- viii. animals (except service animals with certification proving the same on immediate hand);
- ix. promotional and commercial objects and materials of whatever nature, including but not limited to documents, leaflets, badges, signs, symbols and banners;
- x. other objects identified by DMFW, Festival management, safety personnel and/or any other duly authorized persons, which may affect security and/or the reputation of the Festival.
- g. Anyone found with prohibited items or misusing restricted items at the Festival and/or Event may have the items confiscated and/or may be removed from the Festival and/or Event and/or referred to the local authorities for investigation.
- h. Engagement, or participation, in political, non-political and/or religious rallies, demonstrations or protest of any kind and for any reason, or similar act of unrest or disruption or interference with the Festival and its attendees, is expressly prohibited. Anyone who conducts themselves in violation of this policy shall be subject to immediate removal by security and/or referred to the local authorities for investigation.
- NO PETS ALLOWED. ONLY SERVICE ANIMALS PERMITTED. With the exception of service animals, no pets are allowed at the Festival. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. For more information, please refer to the U.S. Department of Justice https://www.ada.gov/resources/service-animals-2010-requirements/.
- GOVERNING LAW. Any claim arising from or relating to this Agreement, the Festival, or our dealings with one another, whether based in contract, tort, fraud or otherwise and regardless of the place of Holder’s residence, is governed by, and construed in accordance with, federal and California law, without regard to conflict of laws principles. If any provision of this Agreement hall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- ARBITRATION. Notwithstanding anything contained herein to the contrary, Holder agrees that any disputes arising from or relating to your purchase of Tickets hereunder, or attendance at the Festival and/or Event, or dispute between Holder and Festival Organizers or Holder and any company or person employed by or which is affiliated with Festival Organizers, and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of California law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator.
- CONTACTING US. If there are any questions regarding this Agreement, you may contact us at info@delmar.wine.
