1. General
These Terms and Conditions form part of the contract between Towersey Festival Ltd., 45 Little Lane, NG16 2PE Kimberley, Nottingham, GB (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by vivenu. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Tickets or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Tickets, where permitted).
All communication with the Organizer regarding Tickets and Offers should be addressed to: Towersey Festival Ltd., 45 Little Lane, NG16 2PE Kimberley, Nottingham, GB
The Organizer hereby informs the End Customer that vivenu GmbH, Völklinger Straße 33, 40221 Düsseldorf, Germany (hereinafter "vivenu") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "vivenu Services"), which are used by the Organizer to sell Tickets and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Tickets, market other offers and process transactions related to Events to End Customers. vivenu is a technology platform provider to the Organizer under license. vivenu is not a ticket broker and is not the organizer of any Event.
2. Contract
There is no contract between vivenu and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the vivenu Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Tickets or Offers may contain statements such as "powered by vivenu" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Tickets or Offers via the domains and sub-domains of vivenu (e.g., vivenu.com). No purchase, services or other agreement is concluded between the End Customer and vivenu.
The End Customer acknowledges that the Organizer may make the sale of Tickets and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Tickets for an Event). The Organizer or vivenu (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.
The End Customer acknowledges that the total purchase price of Tickets and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the ticket price indicated on a Ticket or in the Organizer’s ticket storefront. The calculation of the total purchase price shall be based on the indicated ticket price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or vivenu (on behalf of the Organizer).
The contract between the Organizer and the End Customer for the purchase and sale of Tickets or Offers shall deemed completed only when the Organizer or vivenu (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Ticket with the corresponding ticket ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.
If Ticket quotas (both the total quota for the Event and the quotas of individual categories of Tickets) have been exceeded due to technical issues, the Organizer or vivenu (on behalf of the Organizer) shall notify the End Customer. The Organizer or vivenu (on behalf of the Organizer) may revoke the corresponding Tickets with repayment of the corresponding total purchase price.
3. Form of Tickets
Unless otherwise agreed by the End Customer and the Organizer or vivenu (on behalf of the Organizer), the End Customer will receive an automated email message from vivenu (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Tickets purchased for the corresponding Event. The form of the Tickets provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Ticket, digital wallet or other options). To participate in an Event, the Ticket must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Ticket in the correct form) does not entitle the End Customer to participate in an Event.
If the Organizer provides such option, the End Customer has the ability to order Tickets in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets").
The End Customer is required to verify that the purchased Tickets are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Tickets must be reported to the Organizer or vivenu (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.
The transfer of ownership of Tickets or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.
The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or vivenu (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).
4. Rights and Obligations
The Organizer or vivenu (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Tickets or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Tickets to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).
The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.
It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.
If the Organizer or vivenu (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or vivenu (on behalf of the Organizer) may revoke the validity of a Ticket without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.
If Tickets are damaged, lost or stolen, the End Customer must notify the Organizer and vivenu without delay. If the End Customer loses a Ticket, the Organizer or vivenu shall not be obligated to provide a replacement.
Unless otherwise agreed, the validity of a Ticket shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding ticket category. The Ticket shall become invalid once the Event has ended.
The End Customer acknowledges that vivenu has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Tickets, Events and other Offers made by the Organizer, which are offered and processed via vivenu Services. The Organizer is solely responsible for the communication, publications and information, and vivenu does not bear responsibility in that regard. vivenu has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, vivenu has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of vivenu act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by vivenu.
Furthermore, the End Customer acknowledges that vivenu does not guarantee uninterrupted accessibility and usability of the vivenu Services. vivenu does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the vivenu Services. During maintenance work there may be temporary disruptions of the web site and/or individual vivenu Services.
5. Transfer of Tickets
The resale, transfer or re-assignment/personalization of Tickets without the prior consent of the Organizer or vivenu (on behalf of the Organizer) is prohibited.
6. Revocation, Cancellation, Refund, Return and Exchange of Tickets
In Case of no significant Changes, Postponement or Cancellation of the Event
There are no rights of revocation, return, cancellation or exchange of Tickets for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. Subject to the foregoing, any purchase of Tickets is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.
In Case of significant Changes, Postponement or Cancellation of the Event
In the event of significant modification, postponement or cancellation of an Event due to circumstances for which the Organizer is not responsible, the Organizer shall be entitled to declare the Ticket to be valid for another Event. In this case, the return of the Ticket, a refund of the total costs or a reversal of the ticket purchase is not permitted, unless participation in the other Event is demonstrably unjustifiable to the End Customer, the discretion of the Organizer or its agents.
In all other cases of significant modification, postponement or cancellation of an Event, the End Customer shall be entitled to return the Tickets and shall be entitled to a refund for the price of the Ticket less any processing fees.
A modification shall be considered significant if the modified Event is fundamentally different from the Event that the Ticket purchaser reasonably expected.
7. Liability
Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.
To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation vivenu and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.
The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, vivenu shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. vivenu shall not be liable for damages caused by force majeure or breach of duty by third parties.
To the extent that vivenu’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of vivenu's legal representatives and vicarious agents as well as any representatives acting for vivenu with regard to the End Customer. Not in limitation of the foregoing, vivenu shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Tickets as well as limitations in vivenu Services.
8. Miscellaneous Provisions
These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.
The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions (for example, compulsory consumer protection laws).
Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and vivenu shall be the location of vivenu.
The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.
The following clauses apply to End Customers with their registered office, place of residence in the European Union:
The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.
The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr(opens in a new tab). The Organizer and vivenu are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
The following clauses apply to End Customers with their registered office, respectively place of residence in the United States:
For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.
BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE VIVENU SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, VIVENU PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN VIVENU AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND VIVENU DO NOT GUARANTEE THAT THE VIVENU SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND VIVENU ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION VIVENU, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.
THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.
9. Additional Provisions of the Organizer
The following additional provisions of the Organizer shall apply:
FOUND FESTIVAL - TERMS AND CONDITIONS
THE POSSESSION OF A TICKET OR WRISTBAND CONSTITUTES AN ACCEPTANCE BY THE HOLDER OF THE TERMS AND CONDITIONS BELOW
In the unlikely event that you are unable to find the information you are looking for, please contact us: hello@foundfestival.uk
1. Definitions
In these Terms & Conditions all references to:
“The Festival” – Found Festival (operated by Towersey Festival Ltd)
“Force Majeure” – shall have the meaning given to it in clause 6
“Prohibited Items” – shall have the meaning given to it in clause 5
“Promoter”, “Us” or “We” – Found Festival trading as Towersey Festival Ltd
“Terms and Conditions” – these terms and conditions;
“Ticket” – a valid ticket for the Festival purchased from an authorised ticket agent
“Website” – www.foundfestival.uk
“Wristband” – a valid wristband for which You have exchanged for a Ticket and which permits you admission to the Festival
“You” – the holder of the Ticket and “Your” and “Yourself” shall be read accordingly
2. Incorporation of Terms and Conditions
2.1 These Terms and Conditions incorporate, and should be read in accordance with, the terms and conditions of the authorised ticket agent from which You purchased Your Ticket, copies of which are available upon request from the relevant authorised ticket agent. In the event of any inconsistency between these Terms and Conditions and the terms and conditions of the relevant authorised ticket agent, these Terms and Conditions shall prevail.
2.2 All Tickets are sold subject to these Terms and Conditions. Please read these Terms and Conditions carefully prior to purchase and raise any queries with The Festival prior to purchase.
2.3 These Terms and Conditions are subject to change from time to time without notice and in our sole discretion. We will notify You of amendments to these terms and conditions by posting them to our Website or to the website of our authorised ticket agents.
2.4 By purchasing and/or using a Ticket You confirm that You, and each person you are purchasing a Ticket for or on behalf of, have read these Terms and Conditions and agree and accept to be bound by them;
3. Tickets and Wristbands
3.1 Tickets for the Festival are non-transferable. Each Ticket details the name of the registered Ticket holder or, if You have purchased multiple Tickets, the name of the person who purchased the Ticket(s).
3.2 Your ticket receipt will be sent to you as an email from Vivenu. Please check the booking information and if any of it is incorrect, please contact Vivenu using there support site:
https://vivenu.com/seller/6641e8ce164cf7f4fd90a466/support
Please save your e-ticket. It will contain a QR logo and a pdf file that contains the QR logo for scanning. Make sure you have your ticket order proof available for us to process at Wristband Exchange when you arrive at the Festival. Either printed or on a smart phone. No tickets will be sent out by post.
Please note that the Festival does not accept responsibility for additional tax and duty charges levied by HM Revenue & Customs and if necessary, will charge the advertised price.
3.3 Upon arrival at the Wristband Exchange, You must present a Ticket Receipt/booking reference and proof of identity and age in order to be issued with a Wristband for entry to the Festival. You must retain the Wristband on your person at all times during the Festival. Your Ticket and/or Wristband may be invalidated if any part of it is removed, altered or defaced.
3.4 Only Tickets purchased from The Festival’s authorised agents shall be considered valid. Tickets bought from other sources will be refused admission without refund.
3.5 Price and availability information is subject to change without notice. You will be advised of the price and availability of Tickets at the time of purchase. The price for the goods will be as published on the website at the time you place your order. We try to ensure that all prices displayed on the website are accurate, but the price of the goods on your order will need to be validated prior to processing your order. If there is a problem, we will inform you of the correct price and will give you the opportunity to purchase the goods at the correct price or cancel your order. All products on the website are priced in pounds sterling. For sales delivered to UK addresses prices include VAT at the current rate of 20%.
3.6 Tickets and/or Wristbands are non-returnable and refunds will not be made on returned Tickets and/or Wristbands unless provided for under these Terms and Conditions.
3.7 You are solely responsible for the safe keeping of Your Ticket and/or Wristband and The Festival is not responsible for any Ticket or Wristband that is lost, stolen, damaged or destroyed.
3.8 Concession Tickets (Adult Weekend tickets only). Available for Students, Senior Citizens (65+) and people on Universal Credit. Proof of entitlement must be provided at the time of purchase or on exchange of tickets.
3.9 When/if available (on sale), Day Tickets cover all events on the relevant day (subject to space), for Friday, Saturday, Sunday. Camping NOT included. (can be purchased - permitted on the night of the Day ticket bought). Please buy night camping tickets at the same time as your Day tickets. Subject to availability.
3.10 Weekend Tickets Cover all programmed events from Friday to Sunday. Subject to space and availability. Some workshops do carry an additional charge for materials but this is clearly noted in the Festival Programme.
3.11 Young Person (5-17yrs) Tickets Available when booked at the same time as Adult tickets only. If camping is required, the Adult must be booked into the same camp site as the Young Person. Subject to availability.
4. Amendments, Cancellations & Refunds
4.1 Please note that all Tickets are non-refundable and in the event you cannot or no longer wish to attend the Festival, or you wish to cancel your Ticket for any other reason, you shall not be entitled to a refund. This includes any deposit or payment plan installments made up to that point. Any payments made will not be refunded and your ticket will be cancelled.
4.2 Tickets are sold subject to The Festival’s right to alter or vary the published Festival programme which may result in changes including but not limited to, the artist and performer line-up, playing times, Festival Venue or any other aspect of the Festival, and The Festival reserves all rights in this regard. Any published start times of a performance at the Festival are estimates only and are subject to change without notice. The Festival shall not be liable for any change of a published start time.
4.3 All advertised times are approximate and subject to change without notice. It is Your responsibility to make appropriate arrangements to ensure that You arrive at the relevant Festival Venue in sufficient time in case the event starts early and to ensure that You are able to stay until the close of the event should You wish to if it overruns. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of enjoyment or other indirect loss as a result of an event not running to the precise advertised times.
4.4 In the event of a cancellation or postponement decision by the Festival, you will be entitled to a refund in accordance with the terms and conditions or refund policy of the authorised ticket agent from whom You purchased the Ticket.
4.5 Where the cancellation takes place part way through the Festival, You may only be entitled to a partial refund of the amount you paid for the Ticket (taking into account the part of the Festival from which you did benefit from).
4.6 The Festival will not have any liability for refunds or compensation relating to any personal arrangements including travel, subsistence and accommodation in relation to the Festival which have been arranged by You and are made at Your own risk.
4.7 In order to claim Your refund please contact the authorised ticket agent from which You purchased Your Ticket in writing within 28 days of Your return and refer to their terms and conditions. You must follow all instructions within their terms and conditions, in particular those relating to timeframes, as failure to do so may affect your right to a refund. Refunds will only be made to the person who purchased the Tickets.
4.8 It is Your responsibility to check that the Festival has not been cancelled, postponed or subject to a Significant Change. Information on such matters will be made available on behalf of The Festival as soon as reasonably practicable via social media and/or on the Website and/or on the authorised ticket agent’s websites and/or at the relevant Festival Venue. Customers are advised that The Festival may not always give notice of any cancellation, postponement or a Significant Change due to the circumstances involved and We cannot accept liability for this.
4.9 Tickets will not be refunded where they have been used to gain entry to the Festival and in no circumstances shall any refund be given where You are able to and choose to attend a postponed Festival.
5. The Festival
5.1 The Festival, its employees, representatives, agents, subcontractors, or any authorised person at the Festival (including but not limited to the Festival Venue’s security team and the licence holder of any Festival Venue) reserves the right to refuse You admission and/or eject You from the Festival Venue and/or the Festival without any liability for refunds or compensation, for any reason whatsoever, including but not limited to: health and safety, anti-social behaviour or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Festival or at a Festival Venue; if You use threatening, abusive or insulting words or mannerisms; if You are found to be selling goods and/or trading at the Festival and/or in a Festival Venue without all necessary and valid permits and licences; if in Our reasonable opinion You are acting under the influence of alcohol or drugs; if You fail, when required, to produce proof of identity or age; if You breach these Terms and Conditions; if You are found to be carrying any Prohibited Item; if You refuse to comply with The Festival’s or Festival Venue’s security searches.
5.2 The Festival and each of their respective employees, agents and representatives have the right to conduct security searches from time to and refuse admission to You, or eject You, from the Festival and/or Festival Venue, without any liability for refunds or compensation, should You refuse to comply with such security searches.
5.3 The Festival and each of their respective employees, agents and representatives have the right to confiscate any item, without liability, which in their reasonable opinion may cause danger or disruption to any other persons at the Festival and/or Festival Venue including (but not limited to) animals; laser pens; fireworks; firecrackers; items which may be regarded as weapons; illegal substances, legal highs or any other item which in the reasonable opinion of the Festival Venue or its agents may cause harm or disturbance to either You or the other guests (“Prohibited Items”). Anyone found in possession of illegal substances or contraband goods (including but not limited to any Prohibited Item) will be refused admission to or ejected from the Festival and may also be liable for prosecution. Any items found that may be used in an illegal or offensive manner will be confiscated, regardless of whether or not the item itself is illegal.
5.4 You must comply with any and all instructions given to You by Festival and Festival Venue staff.
5.5 Strictly no trading or other commercial activity by any Ticket holder (including photography or filming for a commercial purpose) will be allowed at the Festival or in or outside the Festival Venues without The Festival’s prior written consent. If You are found to be selling any items (whether Prohibited Items or not) and/or trading in or outside a Festival Venue or at the Festival without all necessary licences and consents, you will be ejected from the Festival and reported to the local police. If You are ejected from the Festival in accordance with this clause, You shall not be entitled to a refund in any circumstances.
5.6 By purchasing a Ticket, You consent to being filmed, photographed and recorded for television, radio, social media posts, websites and other public broadcast in any medium and/or for any video or DVD as part of the audience and/or by onsite CCTV cameras and recordings for security purposes, the copyright to which shall be owned by The Festival or its contractors without payment or compensation.
5.7 The Festival Venues have maximum capacity limits and Your entry to a Festival Venue is subject to each Festival Venue’s maximum capacity. You are advised to arrive at the relevant Festival Venue in sufficient time should You want to watch a particular artist as Your admission to a Festival Venue is not guaranteed.
5.8 The Festival may prosecute You if You cause damage to any Festival Venue, the Festival and/or any infrastructure around a Festival Venue, or cause harm to any other person at the Festival.
5.9 Licensed bars are operated at the Festival and you need to be over the age of 18 to purchase alcohol at the Festival. Please be aware that if we think that You look 25 years or younger You may be asked to provide proof of identification and if You are unable to do so You will not be served alcohol.
5.10 WARNING: Excessive exposure to loud music may cause damage to your hearing. Please note that pyrotechnics, lasers, smoke machines, strobe lighting or other special effects may take place during some performances.
5.11 There will be no admission to the Festival Venues before the designated opening times on any day of the Festival.
5.12 You must observe and comply with the safety advice, signage and any rules and regulations in force at the Festival Venues at all times.
5.13 You shall not bring into the Festival or display or distribute (whether for free or not) at the Festival any sponsorship, promotional or marketing materials.
5.14 Anti-social behaviour and illegal activities, including but not limited to the use, supply and/or possession of illegal substances and/or legal highs, are strictly prohibited at the Festival and You will be ejected from or refused entry to the Festival without refund and will be reported to the local police. In the event that You have been ejected from or refused entry to the Festival for any reason whatsoever our liability to You will cease and You will be required to leave the Festival immediately. We will have no further obligations to You. No refunds will be made and we will not pay any expenses or costs incurred as a result of ejection. You may also be required to pay for loss and/or damage caused by your actions. You agree to indemnify Us for any claims (including legal costs) subsequently made against Us as a result of your actions together with all costs We incur in pursuing any claim against You. We cannot be held responsible for the actions or behaviour of other guests or individuals at the Festival.
5.15 The Festival reserves the right to restrict and ban vehicle movement on site should the weather conditions or site safety indicate the need. Parking of cars next to tents will not be permitted except in extreme circumstances and at the discretion of the Festival.
5.16 NO alcohol may be brought onto the Festival main site. All alcohol must be purchased from Festival bars and outlets.
5.17 The Festival reserves the right to implement any restrictions/conditions deemed necessary before and during the Festival to ensure the safe management of the Festival and any event at the Festival.
6. Our Liability
6.1 We, our servants, agents or representatives shall not in any circumstances be responsible or pay You any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the Festival and which were unforeseeable or unavoidable; or
(c) in any circumstances where there is no breach of a legal duty of care owed by Us or any of our servants, agents or representatives;
(d) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach;
(e) to the extent that any increase in any loss or damage results from the breach by You of any of these Terms and Conditions;
(f) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(g) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
6.2 We will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure. For the purposes of these Terms and Conditions, Force Majeure can include, but is not limited to, war, threat of war, civil strife, national mourning, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and extreme and adverse weather, disease pandemic and all similar events outside our or our supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may also constitute Force Majeure.
6.3 We shall not be liable to You for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Festival and/or our obligations hereunder including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.
6.4 The Festival will not have any liability to You whatsoever for loss or expenses incurred in connection with the Festival or any cancellation of the Festival, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Festival or the cancellation of the Festival.
6.5 You are expected to have appropriate insurance in place to cover any loss, damage or theft to Your personal possessions or property as well as travel insurance where You have purchased the Ticket with additional travel arrangements. You are advised to claim on this insurance policy in the event of any loss or damage and We will not accept any responsibility for anything which would otherwise be covered by such travel insurance.
6.6 Nothing in these Terms and Conditions shall exclude or purport to exclude liability for death or personal injury as a result of our negligence, or for fraud or fraudulent misrepresentation.
7. Data Protection
7.1 To the extent permitted by law and with Your consent, personal information provided by You to The Festival will be used for all purposes reasonably connected with the provision of the Festival and the operations of The Festival. The Festival may also from time to time contact you with information about special offers, brochures, new products, forthcoming events or competitions. The Festival may also pass your details to other parties who offer goods or services which we feel may be of interest to you.
If You have any queries about this, please write to
Found Festival, 45 Little Lane, Kimberley, NOTTINGHAM, NG16 2PE.
You will be given the opportunity to unsubscribe from such marketing communications when You place Your order and You can unsubscribe from any email communications You receive from The Festival by following the unsubscribe link.
7.2 We have taken all reasonable steps to have appropriate security measures in place to protect your information. The transmission of information via the internet is never completely secure. We exclude our liability for personal data lost in transmission to the website.
7.3 You are generally entitled to ask Us (by letter or e-mail) what details of Yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request.
8. Accessibility
8.1 The Festival takes place on a green field site with flat access. There is a drop-off point by the main gate and a dedicated area for parking. Due to the layout of the site this is the closest to the venues We can safely get you in a vehicle.
8.2 There is wheelchair/mobility scooter access at all venues and at our mainstage, there is also a well-positioned viewing platform. Our volunteers are always on hand and ready to assist if required. None of our venues are fully seated.
8.3 If you choose to stay overnight, there is a designated camping area for those with accessibility requirements. There are dedicated toilet and shower facilities in this area and if needed, sockets for recharging scooter batteries, etc. You may also keep a road vehicle nearby. This area also has its own manager who will be on hand from Get-in to Get-out to advise and assist.
8.4 We offer a complimentary ticket to anyone requiring a Personal Assistant (PA) and ask that you provide proof of eligibility. Proof accepted is:
• Front page of DLA / PIP (no specific rate)
• Front page of Attendance Allowance letter (no specific rate)
• Evidence that registered severely sight impaired (blind)
• Recognised Assistance Dog ID card We are unable to accommodate dogs* on any area of the Site. * Dogs to assist people with disabilities will be admitted to all venues including the Found Field (main show site).
If you have any questions, please email us on hello@foundfestival.uk from where we will respond as soon as possible and do what we can to help make your visit to FOUND FESTIVAL a great experience.
9. Governing Law & Jurisdiction
These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
