The document can be viewed in separate page at – https://bloomingreenfestival.com/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), ARBITRATION MANDATES RELATIVE TO DISPUTE RESOLUTION AND WAIVERS OF IMPORTANT LEGAL RIGHTS.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS. 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 NOT UTILIZE THE SERVICES BEING OFFERED BY US, DO ENTER OR ATTEND THE EVENT(S) OR VENUE AND/OR DO ENTER INTO OR ASSENT TO THE TERMS OF THIS AGREEMENT.
Definitions. For the purpose of this Agreement, the following definitions shall apply:
“Bearer” shall refer to the actual Event attendee and person in possession, utilizing and/or presenting a valid Ticket (including e-tickets) at any point of entry, check-in and/or at entrance gates for entry into any aspect of the Event or Venue.
“Event” shall mean that “Bloom In Green Festival” conducted at Sanctity Ferme, Chembaltradi Rd, Kodiga Timmanapalli, Tamil Nadu, India, and any rescheduled portions thereof (if, and to the extent applicable).
“Event Organizer” shall refer to Karloom Enteretainments, Smart Avenu, unit FO-02, 4th floor, 28/A, 80 Feet Rd, Michael Palaya, Indiranagar, Bengaluru, Karnataka 560038 and shall include its successors and assigns.
“Purchaser” shall refer to the person who purchased a valid Ticket for the Event.
“Venue” shall refer to Sanctity Ferme, Chembaltradi Rd, Kodiga Timmanapalli, Tamil Nadu, India or such other venue as determined by Event Organizer.
License. By purchasing a valid ticket (“Ticket(s)“) or by presenting a valid Ticket for entry to the Event, Purchaser and/or Bearer each respectively agree that such Ticket purchase or presentation for entry into the Event constitutes a revocable license agreement with Event Organizer relative to the Event (the “License” or “Agreement“) and the terms of such License are set forth in this Paragraph and throughout these Terms. Event Organizer hereby grants Bearer the right to access the Venue in accordance with specified access rights that correspond to the Ticketing product purchased and such access rights are limited, non-exclusive, revocable and at all times. Event Organizer may elect to revoke this License WITHOUT ADVANCE NOTIFICATION and may elect to deny Purchaser or Bearer access to the Venue for cause, including on account of, disorderly conduct, possession of contraband, trespass, breach of this License and other wrongful acts of Purchaser or Bearer. Purchaser and Bearer further acknowledge and also agree to indemnify, defend, and hold harmless the event organiser/promoter(s)/sponsor(s)/volunteers/coordinators from any and all claims arising from or relating to any violations of this Agreement by Purchaser or Bearer.
No Refund Policy. TICKETS ARE NOT REFUNDABLE. Once “gates open,” all scheduled days of the Event shall be deemed to have been fully delivered in its entirety and same shall NOT BE SUBJECT TO ANY REFUNDS (whether full or partial), credits, rebates, future benefits, or price adjustments of any kind. This includes cases where the Event is cancelled, terminated, or called off at any point during its duration, including but not limited to cancellation after Day 1 of the Event. BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS.
Force Majeure. Force Majeure includes matters outside the control of the Event Organizer, including but not limited to, governmental acts, public health issues, acts of God, war, civil unrest, riots, production delays, strikes, natural disasters, inclement weather (regardless of severity), or inaccessibility or unavailability of the Venue.
Delayed Venue Opening. Delayed Venue gate openings and/or Bearer’s inability to access specific parts of the Venue or Event including due to Central, state, local or other regulations, emergency and/or partial or complete Event or stage shutdown or evacuation, performance or Event delays and inclement weather shall NOT ENTITLE PURCHASER (OR BEARER) TO ANY REFUNDS, credits, rebates, future benefits or any price adjustments.
Inclement Weather; Performance Delays. Purchaser and Bearer acknowledge and agree that inclement weather and/or performance delays are outside the control of Event Organizer and shall not constitute the basis for a refund or partial refund, rebate, credit, future benefit, or any other pecuniary or other adjustment. UNDER NO CIRCUMSTANCES SHALL PURCHASER (OR BEARER) BE ENTITLED TO ANY TYPE OF REFUND OR OTHER ADJUSTMENT AS A MATTER OF RIGHT DUE TO WEATHER, EVENT OR PERFORMANCE DELAYS OR GOVERNMENTAL ACTS, EXCEPT AS OTHERWISE PROVIDED HEREIN.
Lineup Adjustment; Change of Venue. At all times prior to the Event, Event Organizer reserves the right to change the Venue and/or to adjust artist lineups, set times and without prior notice to Purchaser or Bearer. In such cases, Event Organizer shall not be responsible for any exchange rate losses suffered by Purchaser during the order or applicable refund process.
No Special Damages; Attorneys’ Fees. In the event of any Dispute(s), in whatever forum, between or among Purchaser, Bearer and Event Organizer, (1) Purchaser and Bearer acknowledge and agree that neither Purchaser or Bearer shall be entitled to apply for or recover special, punitive, consequential or special damages of any kind, including attorney’s fees and costs (at trial and appellate levels), filing fees, hotel expenses, air travel expenses, etc. and (2) the parties further agree that each shall bear 100% of their respective costs, expert fees, attorneys’ fees and other fees incurred in connection with this Agreement notwithstanding any law to the contrary entitling any Purchaser or Bearer to recover fees and costs from Event Organizer.
Bearer’s Conduct and Search Policy. Event Organizer maintains a ZERO-TOLERANCE POLICY regarding illegal or illicit drug use, unlawful activities, and other misconduct in and around the Event and Venue. Bearer, in order to gain entry into the Venue, AFFIRMATIVELY, KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY CONSENTS TO BEING SEARCHED by Event Organizer for the presence of illegal or illicit drugs, weapons, contraband and/or other prohibited items prior to entry to the Venue and/or during Bearer’s presence at the Event or Venue. Bearer hereby acknowledges and agrees that the discovery of any prohibited items shall constitute a material breach of this Agreement and a violation of Event Organizer’s policies and terms and conditions and same shall correspondingly give Event Organizer the RIGHT TO CONFISCATE ANY SUCH PROHIBITED ITEM(S) AND THE RIGHT TO IMMEDIATELY REVOKE Bearer’s License to access the Venue, and to DENY Bearer any further or future entry to the Event or Venue WITHOUT ANY LEGAL OR FINANCIAL LIABILITY to Event Organizer. In addition to the same, the purchaser/bearer hereby consent to produce their legally valid original ID card at the venue and acknowledge and agree that Event Organizer may AUTOMATICALLY COLLECT, STORE AND USE Purchaser and/or Bearer’s information.
Age Requirements and Guardian Policy. There is no minimum age requirement for the Event. However, all attendees under 18 years of age MUST be accompanied by a legal guardian at all times during the Event. The guardian assumes full responsibility for the minor’s safety and conduct during the Event. Event Organizer reserves the right to verify the age and guardianship status of any attendee and deny entry if these requirements are not met.
Photography and Media Rights. By entering the Venue, Bearer expressly grants Event Organizer and its designee(s), successor(s), or assign(s) the right to photograph, film, record, and/or otherwise capture Bearer’s name, image, portrait, photograph, voice and/or other likeness during the Event. Event Organizer or its designee(s), successor(s), or assign(s) shall have the right to use, copy, sell, distribute, record, publish, republish, print, display, publicly perform, transmit, create derivative works or incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, photographs, aerial or other footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Bearer’s name, image, portrait, photograph, voice and/or other likeness without consideration or notification to, and/or without additional consent by, Bearer. Bearer further acknowledges and agrees that Event Organizer or its designee(s), successor(s) or assign(s) shall be the SOLE AND EXCLUSIVE OWNER of any such work in connection with the Venue or Event that contains Bearer’s image, voice and/or likeness.
Ticket Transfer and Resale. Tickets may only be transferred or resold through Event Organizer’s official resale platform or authorized partners. Any tickets found to have been purchased through unauthorized channels may be rendered void. Resale of tickets for profit is strictly prohibited unless explicitly authorized by Event Organizer. Event Organizer reserves the right to cancel tickets that have been resold in violation of these terms without providing a refund.
Electronic Ticket Security. Electronic tickets contain unique identifiers and security features. Any attempt to duplicate, alter, or tamper with electronic tickets is strictly prohibited and may result in denial of entry. Bearer is responsible for maintaining the confidentiality and security of their electronic ticket information. Event Organizer is not responsible for any unauthorized access to or use of electronic tickets resulting from Bearer’s failure to protect such information.
Personal Property and Parking. Event Organizer assumes no responsibility for any personal property brought to the Venue, including vehicles parked in designated parking areas. All personal items brought to the Venue are at Bearer’s own risk. Any vehicles parked in unauthorized areas may be towed at owner’s expense. Bearer acknowledges that Event Organizer shall not be liable for any loss, damage, or theft of personal property or vehicles.
Food and Beverage Policy. Outside food and beverages are strictly prohibited at the Venue unless explicitly authorized by Event Organizer. Event Organizer reserves the right to confiscate any unauthorized food or beverages. Bearer acknowledges that all food and beverage purchases at the Venue are final, and no refunds will be issued. Bearer assumes all risks associated with the consumption of food and beverages at the Venue.
Emergency Medical Services. Bearer authorizes Event Organizer to arrange for emergency medical treatment if deemed necessary by Event Organizer or medical personnel, at Bearer’s expense. Bearer agrees to release Event Organizer from any liability arising from the provision or arrangement of such medical services. Bearer is responsible for any medical conditions and should take appropriate precautions and carry necessary medications.
Environmental Protection. Bearer agrees to respect the environment and follow all waste disposal and environmental protection guidelines established by Event Organizer. Littering, damage to vegetation, or any other environmentally harmful activities are prohibited and may result in immediate removal from the Venue and potential legal action. Bearer agrees to use designated waste disposal facilities and follow all environmental protection instructions provided by Event Organizer.
Lost and Found Policy. Event Organizer maintains a lost and found service as a courtesy but assumes no responsibility for lost items. Items found will be held for a maximum of 30 days after the Event. Bearer acknowledges that Event Organizer may dispose of unclaimed items after this period without liability. Found items of significant value may be turned over to local authorities.
Disputes; Arbitration. Bearer and Purchaser acknowledge and agree that any disputes arising from or relating to Purchaser’s purchase of Tickets hereunder or any relationship or dispute between Bearer and Event Organizer, Purchaser and Event Organizer, Bearer and any company or person employed by or which is affiliated with Event Organizer, or Purchaser and any company or person employed by or which is affiliated with Event Organizer (a “Dispute“) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of Arbitration Act and other laws in the regard in force in India. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY ARE KNOWINGLY AND VOLUNTARILY GIVING UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and further acknowledge and agree that such Dispute(s) will only be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. PURCHASER AND BEARER EACH AGREE THAT NEITHER SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS OR MASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE.
Governing Law. This Agreement and all claims or Disputes relating to or arising out of this Agreement shall be exclusively governed and construed in accordance with the laws in force in India.
Limitations Period (1-YEAR). IN ORDER FOR A CLAIM, LEGAL ACTION OR DISPUTE TO BE DEEMED IT HAS TO BE TIMELY FILED FOR ARBITRATION PROPERLY WITHIN ONE (1) YEAR OF ACCRUAL OF SUCH CLAIM AS ACCRUAL IS DEFINED BY GOVERNING LAW. If claims or Disputes are not filed within one (1) year of accrual, same shall be forever time-barred and may not be subsequently brought by way of arbitration, by a court or administrative proceeding or otherwise.
Indemnification. Bearer and Purchaser shall defend, covenant not to sue, indemnify, and hold harmless and forever release and discharge Event Organizer and its affiliates, partners, vendors, sponsors, promoters, participants and artists and each of the foregoing’s respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, 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, Purchaser’s or Bearer’s negligent or wrongful acts.
Entire Agreement. This Agreement represents the entire agreement between and/or among Purchaser, Bearer and/or Event Organizer with respect to the subject matter of this Agreement.
Severability. If any term or provision is found, by a tribunal of competent jurisdiction, to be invalid, illegal, or otherwise unenforceable, the unenforceable provision(s) shall not affect the otherwise valid terms, provisions, spirit of, or the whole of this Agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent, the intent and agreements of the parties set forth in this Agreement.
