Safety Statement: The health and safety of our guests is paramount. Please note that the Cherry Creek North Food & Wine planners and the Cherry Creek North Business Improvement District have taken into consideration current public health and safety regulations related to the ongoing COVID-19 Pandemic as we have planned this extraordinary occasion, and will make every reasonable effort to adhere to applicable guidelines from the CDC, the State of Colorado, and the City and County of Denver to provide a safe environment for our vendors, our patrons and our staff so all parties have an enjoyable and safe experience at this year’s festival.
TERMS AND CONDITIONS
The Cherry Creek North Food & Wine Festival (the “Event’) is being produced by the Cherry Creek North Business Improvement District (the “BID”) with support from HobNob Events (“HobNob”). By purchasing a ticket to attend the Cherry Creek North Food & Wine Festival, all guests expressly agree to the following terms and conditions:
Refunds; Event Tickets: In the unlikely event that the Cherry Creek North Food & Wine Festival must be canceled for any reason, the ticket purchase price will be refunded to you, less applicable credit card processing fees. Cancellation of the event will be communicated to all patrons as soon as possible and additional instructions will be given should the situation arise. The fee that you pay for access to the Event and to participate in the Event will not be subject to deduction, setoff, modification, refund, abatement, or proration, based on the amount of time that you attend or your failure to attend the Event or participate in Event-related activities. Each ticket to the Event is a revocable license to enter the Event at the date and time listed and is subject to all applicable rules and policies of the Event. The BID reserves the right, without paying a refund, to refuse entry or eject you if you are not complying with all policies applicable to the Event. Following the delivery of your ticket(s), you assume 100% risk of loss relating to the ticket(s), including any risks of loss associated with lost, stolen, mislaid, or destroyed tickets.
Attendee Agreement / Use of Image, Voice, Name and Likeness: By attending the Event, you consent to being filmed, recorded, and/or photographed and to the use, release, publication, exhibition, or reproduction of any and all recorded media of your image, voice, name and likeness for any purpose whatsoever in perpetuity by the BID, including, by way of example only, use on websites, in social media, news and advertising or other promotional purposes. Any photography taken at the Event, whether in digital or analog format, is subject to mandatory, non-exclusive license to the Event producers for use in event promotional purposes. Any artwork or performances sponsored by the Event or taking place on Event grounds are also subject to a mandatory, non-exclusive license to Festival producers for use in Festival promotional purposes.
Compliance with Applicable Laws, Rules, Regulations and Policies: During the Event, you will comply will all applicable laws, rules, regulations and policies of all applicable governing jurisdictions and the BID, including but not limited to all applicable laws related to the consumption of alcohol, and the provision to and consumption of alcohol by minors, and your failure to do so may result in the revocation of your ability to attend the Event or participate in Event-related activities without a refund or proration of your payment.
Assumption of Risk: You have independently evaluated and reviewed the risks involved in attending the Event or participating in Event-related activities. You understand that in attending the Event or participating in Event-related activities you run the risk of physical injury, both internal and external, temporary and/or permanent, or the risk of death. Fully understanding these risks, you hereby agree to assume full responsibility and liability for the possibility of bodily injury (including death) or property damage which may result from attending the Event or participating in Event-related activities, your action or inaction, and the negligence of others.
Assumption of Risk; COVID-19: You understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization, and that COVID-19 is extremely dangerous and is spread from person-to-person. You understand that your physical presence at the Event could increase your risk of contracting COVID-19 and the BID cannot guarantee that you will not become infected with COVID-19. By purchasing a ticket to the Event, you acknowledge (a) the contagious nature of COVID-19; (b) the possibility of transmission of COVID-19 by breath, physical contact with other persons, and physical contact with objects, structures, and persons within the Event; and (c) that such exposure or infection may result in personal injury, illness, economic loss, permanent liability, or death. You agree that you understand and voluntarily assume the risk of being exposed to or infected by COVID-19 as a result, directly or indirectly, from attending the Event or participating in Event-related activities.
Release and Indemnification: You specifically and unconditionally release and discharge the BID and its officers, directors, agents, employees, representatives, consultants, lessees, subcontractors, successors and assigns (collectively, “Releasees”) from any and all liability to you for any and all losses or damages on account of any injury to you, including illness, even injury resulting in death, or to your property, whether caused by negligence of the Releasees or otherwise, related to any and all claims, losses, and demands that may arise during or result directly or indirectly from your attendance at the Event and/or participation in Event activities. You agree to fully indemnify the Releasees from and against any and all liability, claims, demands, damages, actions, or causes of action whatsoever arising out of any physical or property damage, including illness, loss, or injury while upon the premises of the Event or while participating in or attending any Event-related activities, or in any way connected to the Event and/or Event-related activities, whether such loss, damage, or injury results from the negligence of or any other act of the Releasees or from some other cause. You agree that this release is intended to be as broad and inclusive as permitted by the laws of Colorado, and that in the event that any clause or provision of this release shall be held invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this release, which shall continue to be enforceable and the parties specifically direct any such court to amend and revise this release so that the intention of the parties to eliminate or reduce the liability of the BID is realized to the extent legally permissible.
Waiver: You expressly waive any right to seek compensation or damages from the BID in connection with these terms and conditions. Nothing in these terms and conditions shall be construed or interpreted as a waiver of the protections granted to the BID pursuant to the Colorado Governmental Immunity Act, as amended.
KNOWLEDGE AND CONSENT. You have read these terms and conditions completely, fully understand these terms and conditions, and understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are agreeing to these terms and conditions freely and voluntarily and intend your purchase of a ticket to the event to be a complete and unconditional release of all liability to the greatest extent allowed by law. You understand that the BID is relying on these terms and conditions, and you agree to be legally bound by these terms and conditions. In agreeing to these terms and conditions, you agree you are not relying upon any oral or written representations made by the BID other than what is set forth in these terms and conditions.