TERMS & CONDITIONS
Submission of your reservation and payment of the deposit endorses, validates, and affirms that you (hereinafter also referred to as “Festival participant” or “participant”) fully acknowledge, understand and consent to all obligations, requirements, conditions, and other provisions set forth in the AGREEMENT which can be found on the website located at: www.keywesternfest.com, and which is incorporated herein as if fully set forth. Festival participants acknowledge that The AGREEMENT is a binding legal contract between the participant and Key Music Festivals, Inc., dba Key Western Fest, MAKO MOCO (hereinafter referred to as “Key Western Fest”) and/or its affiliates. All individuals participating in the Festival will be bound by the AGREEMENT whether they personally made the reservation, or the reservation was made on their behalf by an agent, representative or other individual. Additional copies of the AGREEMENT can be obtained by contacting Key Western Fest at: [email protected]; 1213A Truman Ave, Key West, FL 33040
AGREEMENT: Participation in any manner and in any part of the Festival confirms the participant’s complete acceptance, acknowledgment, and consent to the AGREEMENT. If you do not completely accept, acknowledge, and consent to the AGREEMENT in its entirety, DO NOT PARTICIPATE IN ANY MANNER IN ANY PART OF THE FESTIVAL. This AGREEMENT may not be modified by you, nor your agent/representative, and shall not become effective until your reservation is completed by making required deposits.
Acceptable forms of payment are credit/debit cards; cashier’s check; money order. Personal and/or business checks will not be accepted. If mailing a cashier’s check or money order, make a check or money order payable to MAKO MOCO and mailed to 1213A Truman Avenue, Key West, FL, 33040. Key Western Fest is not responsible for losses caused by mailing errors or delivery delays. If the reservation was made with payment of deposit only, the balance of the full purchase price must be received by November 15th, 2022. Key Western Fest may cancel any reservation previously made with deposit only when the full balance is not received in a timely manner as stated above. Key Western Fest may, at its sole discretion, accept payment of the balance of full purchase price after the deadline on a case by case basis. In that event, a 3% late fee will be assessed. In the event that Key Western Fest cancels a reservation due to late payment of the balance of the full purchase price, all payments will be forfeited.
FESTIVAL PASS-NO REFUNDS
It is acknowledged, understood and agreed that any and all payments made to Key Music Festivals, Inc., dba Key Western Fest Key West, MAKO MOCO (hereinafter referred to as “Key Western Fest”) and/or its affiliates are NON-REFUNDABLE. In the event that you are unable to attend the Festival after making payment of the deposit and/or full purchase price, you may make a request for a substitution of your name for another individual’s name on the reservation. Such requests may be granted by Key Western Fest, at its sole discretion and will be subject to a $50 per pass processing fee. Key Western Fest may require certain information be provided and documents completed before completing a reservation substitution. Key Western Fest will provide the requirements for substitution of reservation upon request. Key Western Fest, may, at its sole discretion, consider requests for refunds when circumstances beyond the control of the Festival participant prevent such individuals from fully participating in part or all of the Festival events. The willingness of Key Western Fest to consider refund requests is not a promise, nor a guarantee of any kind and places absolutely no legal obligation whatsoever on Key Western Fest. Key Western Fest specifically advises that the policy of all payments being NON-REFUNDABLE applies to any and all circumstances, including but not limited to: injury or illness; cancellation, delays or other issues related to travel arrangements; housing accommodations; and scheduling conflicts of any kind.
PRIVACY / IMAGES / IDENTITY
All individuals participating in any manner in any part of the Festival do grant permission to Key Western Fest and its agents and representatives, to take and use: photographs and video images of Festival participants for unlimited use in news releases, advertisement, promotional, or other commercial purposes, including but not limited to web sites or other electronic media without any compensation to the Festival participant. All such photographic and video images, negatives, prints and digital reproductions shall be the property of Key Western Fest. Key Western Fest reserves the right to release any participant’s identity and any personal information gathered through the reservation process and/or participation in the Festival, if such information is requested by law enforcement or management personnel of any entity associated with the Festival, and/or if such information is potentially helpful in assisting an investigation undertaken by Key Western Fest or by an entity or contractor associated with the Festival with regard to breach of this AGREEMENT or other rules, regulation, or agreement pertaining to the participant’s use of any services performed by an entity associated with the Festival.
These may include but are not limited to, room-service fees, parking fees, and fees associated with an optional use of items in participant’s room and/or fees assessed for damages to participant’s room or housing accommodation. Festival participants understand and acknowledge that Key Western Fest has no responsibility whatsoever for such additional fees, and further, that it is the responsibility of the Festival participant to ascertain any and all terms, conditions, and other information relating to their use of any room or housing accommodation associated with the Festival.
Festival participants acknowledge and understand that Key Western Fest is not in any way connected or associated with any airline. Key Western Fest has no obligation regarding flight arrangements of Festival participants. Key Western Fest accepts no responsibility for any flight cancellations, delays, loss or damage to luggage, or any other expenses, damages or other losses of any kind related to air travel or other means of transportation.
RIGHT TO REVOKE ACCESS TO EVENTS AND ACCOMMODATIONS
Key Western Fest reserves the right, at its sole discretion, to deny any Festival participant’s access to Festival events and access to housing accommodations and other Festival areas at any time due to misconduct which is either illegal or which interferes with the rights, privileges and/or enjoyment of other Festival participants. This right includes, but is not limited to, the right to deny access to Festival events, housing accommodations and other Festival areas due to misuse of prescribed and/or illicit drugs or drinking alcohol which, at the sole discretion of Key Western Fest, unreasonably impairs the participant’s reaction time, judgment, or general health and may hinder the participant’s ability to participate safely in any of the activities and/or events associated with the Festival. In the event of any denial or revocation of participant access, the offending Festival participant will not be entitled to a refund of any portion of the purchase price.
AVAILABILITY OF EVENTS/CHANGES
Key Western Fest does not guarantee the availability of each and every event and activity advertised. Venues and event areas are of varying size and capacity. Key Western Fest is not responsible for the cancellation of entertainers, nor lack of seating available for any portion of the Festival. In the event that an advertised venue or event area becomes unavailable or unusable due to any reason, including but not limited to weather conditions, Key Western Fest will make reasonable efforts to arrange for a substitute venue or event area, however, Key Western Fest makes no warranties or guarantees with respect thereto. No refunds shall be granted due to the cancellation of entertainers, nor for unavailability of venues or event areas.
Key Western Fest shall not be considered to be in breach of this AGREEMENT due to any event beyond the control of Key Western Fest which prevents compliance with any of its obligations under the AGREEMENT, including but not limited to: acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, pandemics, hurricanes, tidal waves and floods); fights, riots, hostilities, commotion, disorderly conduct, acts or threats of terrorism, or other events affecting its ability to conduct any of the affairs associated with the Festival.
MODIFICATIONS TO AGREEMENT AND WEBSITE
Festival participants acknowledge and accept that errors in the AGREEMENT and other material found on the website may exist. Key Western Fest reserves the right to modify and correct any such errors at any time.
NO LIABILITY FOR ACTS OF INDEPENDENT CONTRACTORS
Key Western Fest is not an employer of any business entity providing services related to the Festival including, but not limited to, entities providing housing accommodations and transportation to and from housing accommodations. Each such entity is not under the control of Key Western Fest. The obligation and responsibility of Key Western Fest is limited to making arrangements for housing accommodations and nothing further. Key Western Fest shall have no liability for the negligent or intentional acts, omissions, errors, or other tortious conduct of any nature on the part of any contractor/business entity which provides any service whatsoever associated with the Festival. Festival participants acknowledge and accept that each such independent contractor/business entity which provides services related in any way to the Festival is under management separate from Key Western Fest and that each such entity has their own rules, regulations, and terms which govern their services and the Festival participants’ use of those services. Key Western Fest is not responsible for any costs, fees, damages, losses, or expenses of any nature that may be assessed by such independent contractors/entities pursuant to rules, regulations, and terms that govern their services.
ASSUMPTION OF LIABILITY
All Festival participants assume complete responsibility and liability for any damages, injury to person or property, illness, death, or other loss of any nature resulting from their participation in the Festival. Festival participants affirm that they are physically and mentally capable of participating in the activities associated with the Festival and that any and all risks associated with their participation are knowingly and voluntarily assumed by each participant. Festival participants acknowledge that the use of prescribed and/or illicit drugs or drinking alcohol may impair the participant’s reaction time, judgment, or general health and may hinder the participant’s ability to participate safely in the activities and/or events associated with the Festival. All risks and liability for injury to person or property, illness, death and any other type of loss or expense resulting from the drinking of alcohol and/or use of prescribed and/or illicit drugs are completely assumed by a participant.
LEGAL EXPENSES/ATTORNEY FEES/VENUE
In the event of any dispute requiring legal action of any kind, each Festival participant agrees to be responsible for all court costs, attorney fees, and other expenses and damages incurred because of such dispute. This includes, but is not limited to, legal action to recover credit/debit card reversal, damages to property or person, and any other losses or damages caused by violation of this AGREEMENT. Any dispute or other legal action concerning this Agreement shall be conducted in Key West, FL. All Festival participants acknowledge and consent that The District Court for Monroe County, State of Florida shall be the sole venue for all legal proceedings. All parties consent to exclusive jurisdiction. Further, Festival participants consent to accept service of process by regular mail delivered to the address provided to Key Western Fest with their reservation. Festival participants waive any objections to venue and service of process.
In the event that a court of law determines that Key Western Fest is liable to any Festival participant for breach of this AGREEMENT or for any negligent or intentional act or omission, the parties specifically acknowledge, understand, and agree that damages will be limited to the amounts paid by participants and received by Key Western Fest which relate to the Festival which is the subject of any such legal proceeding.
If any part of this AGREEMENT is declared illegal, invalid, or unenforceable for any reason, the remaining portions of the AGREEMENT will continue to be valid and enforceable.