IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE;
HOLDER ACCEPTS RISK OF ILLNESS/INJURY; THIS TICKET LIMITS HOLDER’S LEGAL RIGHTS

By using this ticket to gain entry into an event (“Event”) hosted by Three Summer Days Events, LLC, (“TSD”) a ticket holder, on his or her own behalf and on behalf of any person accompanying a ticket holder into and/or at an Event (“Holder”), agrees to the following terms and conditions (the “Agreement”). TSD may update the terms of the Agreement at any time, without notice, and Holder’s use of this ticket after such change is posted on TSD’s webpage will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using this ticket.

1. Non-Refundable/Cancellation
A. Non-Refundable, Transferable Ticket
Holder agrees that, except for cancellation by TSD, the purchase of an Event ticket from TSD is a non-refundable transaction. An Event ticket is transferable as long as it is transferred in compliance with any applicable law and is not sold in violation of the California Penal Code, section 346. A Holder of an Event ticket, however received, agrees to notify TSD of any transfer of the ticket. The Holder of the ticket agrees to every provision of this Agreement whether the ticket was purchased from TSD or received by a transfer from another person or entity.

B. Cancellation:
TSD may revoke the license granted by an Event ticket at any time prior to the Event. Cancellation of an Event by TSD shall constitute a revocation of the license granted by an Event ticket; rescheduling an Event shall not constitute cancellation of an Event ticket. If TSD revokes such license prior to the Event, TSD shall refund all monies previously paid by the initial Holder to TSD for the ticket. Notwithstanding the foregoing, TSD reserves the right, without refund of any portion of the purchase price, to revoke the license granted by a ticket and refuse admission to, or eject from, the Event, Holder and any person accompanying the Holder, if any such person (a) violates the terms of this license; (b) is in possession of any item or object that TSD considers potentially dangerous, hazardous, inappropriate and/or injurious to other Holders or attendees of the Event; (c) appears to be or is intoxicated; (d) engages in conduct deemed by TSD to be improper, disorderly or unbecoming; (e) uses vulgar or abusive language; or (f) poses a risk to the health or safety of others

2. Limitation of Liability and Attorney’s Fees
TSD will do its best to find qualified suppliers and/or service providers for its ticketed Events. However, TSD does not guarantee any level of quality or fitness of a supplier’s and/or service provider’s performance and/or product, and TSD will not be responsible or held liable for any supplier’s and/or service provider’s performance and/or product.

TSD EXPLICITLY DISCLAIMS ANY WARRANTY OF SERVICES OR PRODUCTS (INCLUDING FOOD PRODUCTS) PROVIDED AT THE EVENT, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF WHOLESOMENESS OF FOOD.

Holder agrees that TSD’s entire liability to the Holder for any cause of action arising out of or in connection with this Agreement, whether arising in contract, tort, or otherwise, regardless of the form, shall be limited to the purchase price actually paid and received by TSD for the Holder’s ticket. The limitation on liability stated herein is cumulative and not per incident, that is, the existence of two or more claims will not enlarge the liability limits stated. Notwithstanding the foregoing, the prevailing Party in any legal action or proceeding brought to enforce the terms of this Agreement shall be entitled to recover the prevailing Party’s costs and reasonable attorney’s fees.

IN NO EVENT SHALL EITHER PARTY BE LIABLE IN CONNECTION WITH THIS AGREEMENT FOR ANY LOST PROFITS OR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, NO MATTER HOW ARISING, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. Covid-19 and other Communicable Diseases

A. Limiting Risk to Others. Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Diseases (as defined below), Holder may infect others that Holder is physically near, even if Holder is not experiencing or displaying any symptoms of illness. Accordingly, Holder agrees that Holder will not use a ticket to attend an Event if within fourteen (14) days preceding the Event, the Holder has:

(a) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR

(b) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR

(c) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.

The term “Communicable Disease” as used in this Agreement means COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious disease, virus, bacteria, illness, or cause thereof.

B. Assumption of Risk

Holder acknowledges and expressly assumes the risk related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease at the Event or in and around any part of the Event venue. By holding a ticket, Holder is acknowledging and confirming now and in the future that Holder understands and expressly assumes the risk that Holder may be exposed to COVID-19 or other Communicable Disease.  Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers (including medical complications and physical and mental injuries) both foreseen and unforeseen that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are unavoidable risks inherent in Holder’s decision to use this ticket to attend an Event.

4. Dispute Resolution.
In the event of a dispute arising out of this Agreement, the Parties agree to engage in good-faith settlement discussions to see if a resolution may be amicably achieved. Should a resolution not be achieved through settlement discussions, Holder and TSD agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s use of an Event ticket, Holder’s participation in or attendance at an Event, this Agreement, and any related dealings between them, including threshold claims relating to the validity, scope or enforceability of this arbitration provision through binding, individual arbitration. This arbitration provision involves interstate commerce and shall be governed by the Federal Arbitration Act.

Because disputes will be resolved by individual arbitration pursuant to this provision, neither Holder nor TSD will be able to have a court or jury resolve their dispute; nor will any dispute be resolved in a class action or class arbitration. Certain rights that Holder and TSD would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and TSD each understand and agree that by requiring each other to resolve all disputes through individual arbitration, HOLDER AND TSD ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.

Arbitrations shall be administered by JAMS Sonoma County, sitting in Santa Rosa, California, in accordance with JAMS’ then-existing commercial arbitration rules. You may obtain information about arbitration, arbitration procedures, and fees from JAMS by calling (949) 224-1810 or visiting www.jamsadr.com. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and TSD alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding.

Notwithstanding any other provision herein, Holder and TSD may seek relief in a small claims court for disputes within its jurisdiction. In addition, Holder and TSD each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. This arbitration provision will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

5. Vendor’s Crediting Obligation
By using a ticket to gain entry to a TSD Event, Holder agrees to credit in all its social media posts featuring the Event, whether primarily or incidentally, all of the following: TSD, Wildhaven Sonoma, and all vendors participating in the Event as vendors. Should TSD, Wildhaven Sonoma, and/or any vendor so credited request that such credit be removed, and its trade name or other identifying features be removed from social media susceptible to or under the control by the Holder, the Holder agrees to immediately eliminate the credit and remove any and all identifying features of the party requesting removal.

6. Vendor’s Photograph Album Obligation
By using a ticket to gain entry to a TSD Event, Holder agrees to create a curated album of 40-50 images (“Album”) and to provide the Album, one each, to Wildhaven Sonoma and TSD for their commercial marketing use. Holder hereby grants TSD and Wildhaven Sonoma, individually, with an irrevocable license to use for an unlimited number of times the Album for their commercial marketing purposes (but no other purpose) conditioned on any such use being accompanied by photo credit to the Holder. Holder may ensure photo credit by the addition of a small watermark in the corner of each photograph curated. Holder’s delivery of the album to TSD and/or Wildhaven Sonoma constitutes Holder’s warranty of authorship of all photographs delivered, and Holder’s legal right and authority to grant the license to TSD and Wildhaven Sonoma to commercially exploit the photographs in its marketing.

7. Entire Agreement
The Parties acknowledge and agree that this Agreement, along with any agreement explicitly merged with it, represents the entire agreement between the parties with respect to the subject matter hereof, and this Agreement supersedes any and all prior agreements, written or oral, with respect to the subject matter hereof. Neither Party has relied on any representation not explicitly stated in this Agreement or in any exhibit or addendum made a part hereof.

8. Joint and Several Liability.
Any Party to this Agreement that is comprised of individuals in their individual capacities, their obligations and liability hereunder shall be joint and several.

9. Section Headings, Construction.
The headings of sections in this Agreement are provided for convenience only and will not affect the construction or interpretation of this Agreement. All words used in this Agreement shall be construed to be of such gender or number as the circumstance requires.