Exuberance Festival Terms and Conditions
General Disclaimer
All information provided by Exuberance Healing Arts Festival is of a general nature and is furnished only for educational/entertainment purposes only. No information is to be taken as medical or other health advice pertaining to any individual specific health or medical condition. You agree that use of this information is at your own risk and hold Exuberance Healing Arts Festival harmless from any and all losses, liabilities, injuries or damages resulting from any and all claims.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM THE COURSE OF THE FESTIVAL. WE DO NOT GUARANTEE THAT THE VENUE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE VENUE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Limitation of Liability
IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE FESTIVAL, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE FESTIVAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT OUR FESTIVAL, (b) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH.
Terms & Conditions
The Exuberance Healing Arts Festival (“Festival”) will happen rain or shine. The schedule is subject to change without notice. The Festival is an 18+ event. Anyone under the age of 18 must be accompanied by a parent or guardian at all times.
Tickets are non-returnable and non-refundable. Refunds will be available only if the Festival is cancelled or entirely rescheduled. Notwithstanding the foregoing, at the Festival’s sole discretion, the performers and advertised attractions are subject to change, and no refunds will be offered if any performances are cancelled.
Tickets must be purchased from eventbrite.com, either directly from the site or via Eventbrite.com. Tickets purchased from unauthorized sales channels (e.g., scalpers or resale sites) may be forged, and in this case would not be honored or eligible for a refund. Eventbrite’s ticket purchasing terms and conditions can be found here:
Once you purchase your ticket you will receive an order confirmation email from Eventbrite on behalf of Exuberance Healing Arts Festival.
Waiver
By accessing the Festival via the website, you waive all claims, known or unknown, foreseeable and unforeseeable, resulting from, or incidental to, the Festival, whether occurring prior to, during, or subsequent to, the Festival, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. You understand that your use of your ticket is contingent upon your voluntary waiver of claims that may result from, or be incidental to, your access to the Festival website, whether occurring prior to, during or after the Festival, including any actions or omissions of the Festival Parties.
By entering the Festival, you acknowledge and agree that you may be subject to extremely loud music and sounds, as well as special effects, including, but not limited to, laser lights, strobe lights, flashing lights, a variety of light emitting diodes (“LED”), rapidly changing or alternating images, and use of smoke, fog, and pyrotechnics (collectively, the “Special Effects”) at the Festival. You acknowledge and understand that the Ticket is a revocable license to attend the Festival for which it was issued, and is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by you in violation of any local, state or federal law, or that may endanger other Ticket Holders.
Indemnification
You hereby indemnify and not hold responsible the Festival, its parent, affiliate, and subcontracting companies, and each of their respective representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns, including the owners of the venues where the Festival events take place, the ticket agent(s), festival sponsors, the promoter(s), and the performing artists, including their respective management, agents, staff and designees (collectively, the “Festival Parties”) from any loss, liability, damage or cost in any way arising out of or related to, your actions and omissions at or around or related to your access to the Festival via its website or otherwise.You hereby waive, discharge, hold harmless and covenant not to sue the Festival Parties from any and all liability arising out of or in connection with the Festival, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind, nature, or description arising out of, or related to the Festival, your attendance at the Festival, or your travel to and from the Festival, whether or not caused by the negligence or gross negligence of the Festival Parties. For safety reasons, the Festival reserves the right to, without any prior notice or compensation to you: (i) postpone, cancel, interrupt or stop the Festival; (ii) totally or partially vacate the Festival site; and (iii) deny access to the Festival site regardless of the possession of a Ticket.The Festival reserves the right to change, modify, or alter any aspect of the Festival (including, without limitation, the appearance of any performer or artist, and/or the order of performance of any performer or artist), at any time, for any reason whatsoever, without any prior notice or compensation to You. You understand that the artists and/or line up for the Festival may be changed and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your Ticket.
You understand, acknowledge and agree that the names of any artist, act, or performer contained in any Festival promotional material is intended for informational purposes only, and does not, in any way, represent the importance or headline status of any single artist, act or performer, and is subject to change without prior notice.
Force Majeure
If the Festival is cancelled in whole or in part due to a Force Majeure Event, you will not be entitled to a refund. Notwithstanding the foregoing, the Company may issue, at the Company’s sole and absolute discretion, a partial or full refund of your Ticket, by accounting for, among other considerations, the extent and nature of the cancellation. A “Force Majeure Event” shall mean an act of God, act of terrorism, flood, hurricane, tsunami or other natural disaster, war, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of Festival attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of the Festival. You understand that in all instances, the maximum remedy You may receive for the cancellation of any part of the Festival, if any, will be the face value of Your Ticket, excluding all fees and/or service charges paid by You in connection with the purchase of Your Ticket.
Yoga Disclaimer
Yoga is for everyone.
However, when online, it is up to the individual to assess whether they are ready for the class that they have chosen. Obviously, if you suffer from specific injuries or disease it is best to consult with your physician first. Similarly if you are pregnant, follow the recommended practice only.The practice of yoga requires you – the practitioner – to gauge the safety of your practice within your personal physical limitations. It is better to build up slowly than to force and strain. While one may feel exertion, one should also feel relaxed.
The techniques and suggestions presented in this website are not intended to substitute for proper medical advice.
Consult your physician before beginning any new exercise program.
Zumba Disclaimer
For and in consideration of Exuberance Healing Arts Festival (“Festival”) permitting the participant to enroll and participate in the Zumba® Class, Participant, by accessing this video, hereby voluntarily indemnifies, releases from liability and holds harmless the Festival and the Trainer(s) (Hailey Hunt Thomsen) for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by Participant or any other person arising or resulting directly or indirectly from Participant’s participation in the Activity. In the event that Participant is injured, Participant agrees to assume any financial obligation, either through Participant’s personal health insurance, or through some other means, for any medical costs which Participant incurs. The Festival assumes no responsibility for any medical expenses, injury, or damage suffered by Participant in connection with the use of any facilities or services in connection with the Activity.
Breath Work Disclaimer
Advanced breathwork is not a substitute for medical or psychological diagnosis or treatment. Exuberance Healing Arts Festival (“Festival”) or its instructor do not diagnose medical or psychological conditions, perform medical treatment, prescribe substances, provide counseling, nor interfere with the treatment of licensed medical or psychological professionals. The information on these pages is offered as a tool for spiritual and personal growth and not as medical or psychotherapeutic advice. I make no claims to heal medical or psychological conditions; any healing subsequent to advanced breathwork practice is a result of self-healing. I observe the Ethical Standards for Breathworkers of the International Breathwork Training Alliance. The last thing is that there are certain medical conditions for which it is not considered safe to participate in this type of breathwork. Please do not participate in one of these sessions if you have any of the following conditions or situations: Pregnancy, epilepsy, a detached retina, glaucoma, uncontrolled high blood pressure, cardiovascular disease including prior heart attack, prior diagnosis by a Medical Professional of manic disorder, bipolar disorder or schizophrenia; strokes, TIAs, seizures or other brain/neurological conditions, history of aneurysms in your immediate family, use of prescription blood thinners such as Coumadin, hospitalization for any psychiatric condition or emotional crisis within the last ten years, osteoporosis that is serious enough whereby intense movement could cause physical issues and prior physical injuries that are not fully healed and could be re-injured through intense movement.
Note: if you have asthma, it is fine to participate but we ask that you have an inhaler within reach just in case.
In addition: Doing breathwork by yourself at home without having access (either in-person or online) to a trained facilitator is NOT recommended.