MIDNIGHT MARKET EVENT TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
For the purposes of these Terms and Conditions:
"Festival Producer" means MMFB LLC and Mise En Place Productions, collectively, including their respective subsidiaries, affiliates, directors, officers, employees, contractors, volunteers, sponsors, agents, and representatives.
"Event" means the Midnight Market event, including all associated activities, areas, and venues.
"Participant" means any individual who purchases a ticket to, attends, or participates in the Event.
"Ticket" means the confirmation email or other document issued by Festival Producer evidencing Participant's revocable license to enter and attend the Event.
"Venue" means the location(s) where the Event is held, including Atlantic Station and any other designated event spaces.
SECTION 2: TICKET PURCHASE AND ADMISSION
2.1 License to Attend
A Ticket constitutes a revocable license issued by Festival Producer for the sole purpose of accessing the Venue and attending the Event. Festival Producer may revoke this license at any time without notification or compensation, including denying Participant access to the Venue.
2.2 Age Restriction and Identification
This Event is restricted to individuals who are 21 years of age or older on the date of the Event. Valid government-issued photo identification will be required at entry. Festival Producer reserves the right to refuse entry to any person not meeting the age requirement, without refunding any portion of the Ticket purchase price.
2.3 Ticket Sales and Transfers
All Ticket sales are final. Tickets are non-refundable and non-transferable unless otherwise agreed to in writing by Festival Producer. Electronic confirmations or Tickets may be counterfeit and in such cases shall be void and dishonored by Festival Producer.
2.4 Prohibited Ticket Activities
The resale or attempted resale of Tickets is prohibited and shall be grounds for seizure of Tickets and cancellation of the license without compensation. Tickets may not be used for advertising, promotion (including contests and sweepstakes), or other commercial purposes without Festival Producer's express written consent.
SECTION 3: EVENT POLICIES
3.1 "Rain or Shine" Policy
The Event is held "rain or shine." Some activities and sessions may be "standing room only."
3.2 Weapons-Free Policy
The Event maintains a strict Weapons-Free Policy. Participants are prohibited from carrying weapons of any kind, including, without limitation, concealed or displayed firearms, and are not permitted to bring weapons onto Event premises. Participant bags may be checked prior to entry by authorized personnel. Festival Producer reserves the right, in its sole discretion, to deactivate and/or revoke the Credentials of any Participant who violates this policy, without refund, deferral, or credit.
3.3 Conduct and Compliance
Participant agrees to comply with all Event policies, venue regulations, and applicable laws. Festival Producer reserves the right to remove any Participant from the Event for disruptive, dangerous, or inappropriate behavior without refund.
SECTION 4: WAIVER OF LIABILITY
4.1 Release of Claims
Participant hereby WAIVES, RELEASES, AND DISCHARGES Festival Producer from any and all claims, losses, liabilities, demands, causes of action, damages, and expenses of any kind whatsoever, known or unknown, including but not limited to claims for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, or damage of any kind, including economic losses, which may arise by reason of Participant's attendance and/or participation in the Event.
4.2 Assumption of Risk
Participant expressly acknowledges and assumes all risks associated with attending the Event, including but not limited to risks of bodily injury, illness, death, and property damage whether arising from the negligence of Festival Producer or otherwise.
4.3 Negligence Waiver
To the fullest extent permitted by law, Participant hereby expressly waives, releases, and discharges all claims against Festival Producer arising from the negligent acts or omissions of Festival Producer or others.
4.4 Covenant Not to Sue
Participant agrees not to bring any action or claim against any of the parties released herein for any reason associated with the Event.
4.5 Health Disclaimer
PARTICIPANT ACKNOWLEDGES THE RISK OF ILLNESS OR INJURY (INCLUDING COMMUNICABLE DISEASES SUCH AS COVID-19) WHEN ATTENDING PUBLIC EVENTS. PARTICIPANT ASSUMES ALL RISKS RELATED TO EXPOSURE AND ENTERS THE EVENT AT THEIR OWN RISK. Festival Producer is not responsible for any illness, injury, or health condition Participant may contract or experience while attending the Event.
SECTION 5: IMAGE AND LIKENESS RELEASE
5.1 Photo and Video Release
Participant grants Festival Producer perpetual, worldwide permission to use, and to sublicense to third parties, Participant's photograph, image, likeness, voice, and statements (whether written or oral) for any purpose, including commercial purposes, without compensation or credit to the Participant, in any and all media, worldwide, now known or hereafter devised.
5.2 Scope of Release
This release includes all photographs and audio/video recordings taken at the Event by Festival Producer or others on behalf of Festival Producer.
SECTION 6: REFUND AND CANCELLATION POLICIES
6.1 No Refunds
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES WILL BE ISSUED UNDER ANY CIRCUMSTANCES, except as expressly provided in Section 6.3 below.
6.2 Event Modifications
Once the Venue opens, the Event shall be deemed to have been delivered in its entirety and not subject to any refunds. Delayed Venue opening, partial access restrictions, event delays, or inclement weather shall not entitle Participant to refunds or future credits.
6.3 Event Cancellation
In the event of a complete cancellation of the Event by Festival Producer, Festival Producer may, in its sole and absolute discretion, elect to either:
(a) Issue a full or partial refund to the original Ticket purchaser of record, limited to the face value of the Ticket only; or
(b) Reschedule the Event for a future date.
If Festival Producer reschedules the Event, Participant shall not be entitled to a refund. Under no circumstances shall Participant be entitled to a refund of any shipping, handling, or processing fees.
SECTION 7: FORCE MAJEURE
7.1 Definition
A "Force Majeure Event" means any cause beyond the reasonable control of Festival Producer that renders Festival Producer wholly or partly unable to produce the Event despite reasonable efforts to avoid, mitigate, or remedy such causes.
7.2 Examples of Force Majeure
Force Majeure Events include but are not limited to: acts of God, war, civil disturbances, natural disasters, epidemics or pandemics, governmental restrictions, acts of terrorism, venue damage or unavailability, labor disputes, transportation interruptions, and other similar events beyond Festival Producer's reasonable control.
7.3 Effect of Force Majeure
Should the Event be cancelled due to a Force Majeure Event, Festival Producer may, in its sole discretion, elect to apply the cancellation policy in Section 6.3. However, Festival Producer shall have no obligation to issue refunds in the case of Force Majeure.
SECTION 8: LIMITATION OF LIABILITY
8.1 Limitation of Damages
To the maximum extent permitted by law, in no event shall Festival Producer be liable for any direct, incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including without limitation:
(a) Loss or damages to any personal property, including computers, mobile phones, or other devices related to the Event, even if Festival Producer has been advised of the possibility of such damages; or
(b) Any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Event or related websites.
8.2 Limitation by State Law
Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions may not apply to all Participants; in such states liability is limited to the fullest extent permitted by law.
SECTION 9: GENERAL PROVISIONS
9.1 Modification of Terms
Festival Producer may modify, add, remove, supplement, amend, update, or revise any of these terms and conditions without advanced notification to Participant by posting such revisions on Festival Producer's website located at www.midnightmarketevents.com. Such revisions shall, at Festival Producer's option, relate back to the date of purchase.
9.2 Agreement to Terms
By purchasing a Ticket, attending, and/or participating in the Event, Participant agrees to be bound by these Terms and Conditions. IF PARTICIPANT DOES NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, OR IF PARTICIPANT DOES NOT AGREE TO ASSUME THE ALLOCATION OF RISK AS SET FORTH HEREIN, PARTICIPANT SHOULD NOT ENTER THE EVENT.
9.3 Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.4 Entire Agreement
These Terms and Conditions constitute the entire agreement between Festival Producer and Participant regarding the subject matter herein and supersede all prior or contemporaneous agreements, representations, and understandings.
