Unless otherwise defined in this Agreement, the terms defined have, throughout their use in this document, the following meaning:
The present agreement:
In the Festival Area there will be points where Participants can get the Products and Services made available by the Promoter (directly or through the Contract Partners).
For the purchase of Products and Services made available by the Promoter directly or through the Contract Partners in the Festival Area, Participants are required to use only the methods and payment systems established and communicated by the Promoter.
The payment method for the products and services offered in the Festival Area are the payment devices (RFID) made available by AFTERHILLS through the Intellitix service, respectively the Integrated Chip Wristband, with the corresponding card attached.
Each Participant has the obligation to get the Chip Wristband at the entrance of the Festival Area (with the integrated payment system), this being the only way to purchase the Products and Services available in the Festival Area. Cash Payment in the Festival Area is strictly prohibited, outside the areas previously established by the Promoter and where the Wristbands can be loaded with Credit Points.
Charging/recharging the Chip Wristbands can be done either by cash or by bank card. The conversion is: 1 leu – 1 credit point.
Contract Partners will be required to issue tax vouchers to Customer Participants (as well as invoices at the Participants’ request). If a Participant wishes to receive a tax invoice for the Products/Services purchased within the Festival, he/she has the obligation to keep all tax receipts from each trader (Contractual Partner), for the subsequent application of the tax invoice from the respective Contracting Partners.
For the refund of the unused amounts, a processing fee of 5 RON will be automatically withdrawn from the registered bank account.
AFTERHILLS offers camping and accommodation facilities during the Festival. Camping facilities and their prices will be published on the Festival’s website.
The camping area will be open starting August 23, 2019 (14:00 PM), until September 2nd, 2019 (09:00 AM). During this time, the camping area will be open non-stop. Participants have the right to access and leave the camping area whenever they wish.
It is forbidden to enter the campsite area with any vehicle, except for vans/RVs. The perimeter of the campsite will be supervised by the security guards, but it is not advised to leave valuables in the tent. The promoter is not responsible for lost or stolen items. In such cases, Participants can contact the festival’s information point or lead them to the Lost and Found points.
Camping Access is made through the scanning of the RFID wristband. All Participants will be subjected to body searches and luggage checking at the entrance to the Camping Area.
Items forbidden from the Camping Area are mentioned in section 4.1 above. Confiscated objects will not be returned to the Participant. They have the right to return and leave the items in the car.
The Camping Area has showers, toilets, shops, utilities.
Any damage to: toilets, showers and other objects in the Camping Area will be borne entirely by the responsible person.
The participant will respect the laws and rules of social conduct in Romania.
The Promoter and its Contract Partners, as well as accredited media, have the right to photograph and record programs during the Festival. The Promoter has the right to use these recordings in the advertising campaigns and to publish the photographed/filmed material without the written consent of the Participants. Therefore, all Visitors, by virtue of their participation in the Festival, grant the Promoter (as well as those authorized by the latter), by acknowledging this Regulation, express permission to record and publish their image, appearance, and actions.
Provided that the materials are in connection with the Festival, the person making the recordings according to the above rules will obtain Transferable and Exclusive Use Rights on Visitor Records. Visitors expressly acknowledge and accept that AFTERHILLS and persons authorized by AFTERHILLS may record the Festival, concerts and programs, copy the recordings and distribute them by image carriers, broadcast or otherwise make them public (having the unrestricted right to profit from these operations) and can do so repeatedly, including by informing the public about the Festival, concerts and programs by means of cable data transmission or by any other means (e.g.: YouTube). Visitors are not entitled, within the limits of legal provisions, to claim against AFTERHILLS or AFTERHILLS Authorized Persons in connection with their registrations and publication as described above.
Participants have the right to photograph and film in the Festival Area, but only in areas where access is permitted and only with non-professional equipment. Participants will not be able to use the filmed/photographed material for commercial purposes and will not be able to communicate to them publicly unless the personal rights of the photographed/filmed Visitors are respected.
The promoter has the right to establish areas/locations with prohibited shooting/filming. In the event of non-compliance, the Promoter has the right to confiscate the camera/video until the end of the Festival and to delete those records. The Promoter also reserves the right to totally prohibit the shooting and recording of videos during certain performances, as there are artists who do not allow any record of their performance (which will also be announced on the AFTERHILLS Facebook page).
The promoter will take the necessary steps to ensure that Participants are informed about the protection and prevention measures in the Festival Area.
For the good performance of the Festival, the participants have the following obligations:
In the event of a violent incident, the security team may decide to evict the Participants involved in the incident from the Festival Area.
AFTERHILLS makes no warranties regarding the duration of the Festival entry process or the availability, content, quality, and quantity of the Festival’s Programs and Services, and explicitly excludes Visitor’s reimbursement of the Ticket price or the granting of a subsequent reduction or payment of damages-interests, compensation or indemnifications of any kind in this context.
Visitors are not entitled to raise any claims against AFTERHILLS regarding the above changes, restructurings or developments.
However, AFTERHILLS will use its best endeavors to provide the Programs and Services communicated in advance and, if necessary, to replace the canceled Program or Service previously communicated with another Program or Service.
In the event that the Festival is canceled or postponed due to the Promoter’s fault, AFTERHILLS undertakes the responsibility to return the amounts relating to the Tickets in full within 30 days of the cancellation/deferment of the Festival.
In the event of the withdrawal of one of the confirmed artists at the Festival, be it as a head, the Promoter does not take responsibility for reimbursing the amount of the Ticket payment.
AFTERHILLS has no obligation to cancel the Festival in case of unfavorable weather. If the authorities request the suspension or closure of the Festival by AFTERHILLS for reasons of force majeure, the Festival or part of it will be canceled.
Visitors are expressly mindful of the fact that they may also purchase Products and Services in connection with the Festival, which are offered by other Contract Partners, and not by AFTERHILLS. In such cases, the rights and obligations arising from the agreement between the Visitor and the Contract Partner apply exclusively to the Visitor and the Contract Partner. Visitors expressly confirm that they can not raise any claim against AFTERHILLS in relation to the Products and Services concerned or in connection with the contract for such Products and Services. AFTERHILLS assumes no liability for damages arising out of or suffered in connection with the purchase or use of Services and Products provided by the Contract Partners.
AFTERHILLS will only be liable for intentional contractual breaches imputable to it and for breaches of contract that endanger human health, integrity or physical health if such damage is caused by AFTERHILLS and excludes any liability beyond the Participants’ explicit legal rights in relation to any other harm, including those that affect human life, integrity or physical health or material damage.
Visitors and Unauthorized Participants are fully and solely liable for any damage they have caused to the AFTERHILLS Festival, its Contract Partners, other Visitors, and Third Parties at the Festival or in connection with the Festival.
AFTERHILLS may only be held liable for damages incurred in the Festival Area if the conditions set out in this Regulation are met for the liability of AFTERHILLS and are not liable for any damage that may occur outside the Festival Area or on the way to or from the Festival Area.
In the event that a Participant violates any provision of this Regulation in connection with the Festival, AFTERHILLS may invalidate the Participant’s Ticket or remove the Wristband, and the Participant will be required to leave the Festival. The Unauthorized Participant is not allowed to participate and must leave the Festival Area without delay. In addition, AFTERHILLS has the right to impose on that Visitor/Non-Participant a partial participation ban (applicable to one or more Festival editions) or total (applicable to all AFTERHILLS Festivals).
Participants take full responsibility for their physical/psychological capacity to participate in various activities within the Festival (which also involve the risks associated with increased effort).
Participants take full responsibility for themselves, including in the following situations:
With regard to lost objects, the Promoter will arrange a Lost and Found Point where such objects can be brought and where each owner can recover his/her property insofar as it can justify the fact that they belong to them, within 72 hours, but no later than September 2nd, 09:00 AM. Within 7 days from the end of the festival, unclaimed items will be posted on the Facebook page of the Festival in the attempt to find the owners.
AFTERHILLS does not operate storage facilities within the Festival. The promoter is not responsible for the Participants’ goods or for any damage to their products.
Information on Wristbands, Passes, payment, regulations and other issues strictly related to the festival will be provided within the Info Point outside the Festival.
The Participant agrees to receive the medical treatment that may be considered appropriate in the event of injury, accidents or illness during the Festival, and completely exonerates AFTERHILLS and all people participating in the medical treatment for any such actions within the limits of the legal provisions.
In the Festival Area, first aid and medical assistance will be provided in the continuity regime.
Anything posted on the Site, as well as on various types of media in the Festival Area or in connection with the Festival, such as, but not limited to, names, logos, domain names, images, texts, graphics elements, symbols, databases, etc., is the property of AFTERHILLS and/or its contractual partners.
Visitors and Third Parties may not use, copy, distribute, publish, or incorporate such information into any other documents or materials in order to obtain revenue without the prior written and express permission of AFTERHILLS and/or its Partners.
The images, logos, texts of the AFTERHILLS Partners’ Affiliates belong to them (or AFTERHILLS, if they have been divested to it) and are reproduced on the website, in the Festival Area or in connection with the Festival with their consent.
Any conflict arising between AFTERHILLS and its customers as a result of participating in the Festival or the use of the website will be settled amicably. If this is not possible, the resolution of conflicts is a matter for the Romanian courts.
In cases of force majeure (as defined by the Civil Code), the Promoter may decide to make changes or cancel the Festival in exceptional circumstances.