Legal Notice
Legal Notice
The Winter Park Ski-Music Festival, referred hereafter as “WPSMF”, shall not be held liable for any damages, injuries or harm to persons or property- whether caused by the negligence of any persons, companies, local authorities, WPSMF providers, WPSMF leased facilities, or permitted use facilities- unless caused by the proven gross negligence of WPSMF, its employees, staff or owners. All registered and attending groups, their members, or persons traveling with a group, accept responsibility, when proven responsible, toward property or monetary damages to the WPSMF’s equipment, WPSMF’s leased performance facilities and equipment, lodging providers’ facilities and equipment, recreational facilities and equipment, and ski equipment providers’ facilities and equipment. The WPSMF shall not be held liable for the actions of persons or companies not controlled by the WPSMF (such as- without limitation- attending music groups, air carriers, bus companies, railways, travel coordinators, along with food, lodging, recreation, performance and adjudication providers). The WPSMF shall not be liable for any failure or delay in performing its travel service obligation due to any of the following causes (which events and/or circumstances are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of webhost, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, and generalized lack of availability of raw materials, energy or labor force. WPSMF shall not be held liable for monetary losses or damages to persons due to Force Majeure. If a dispute arises from or relates to the agreement between parties or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. A group, and/or any individuals authorized to represent a group, can accept, negotiate, or reject specific or all terms, policies, information, and conditions as published within this Notice, the WPSMF Ski Locker website (www.winterparkskimusicfestival.com/skilocker), and the 2023 Winter Park Ski-Music Festival Registration Form Agreement, as agreed by both parties, prior to registering a group. All individuals executing the 2023 Winter Park Ski-Music Festival Registration Form, for and/or on behalf of a group, are duly appointed and authorized representatives of the registering group, and have read, understand and willfully accept, and agree to all terms, policies, information and conditions as published within the WPSMF Ski Locker website (www.wpsmf.com/skilocker), as this Notice is embodied within, and the 2023 Winter Park Ski-Music Festival Registration Form Agreement. Moreover, the individuals executing a music group’s 2023 Winter Park Ski-Music Festival Registration Form, take full responsibility towards sharing and fully communicating to all student, minor, chaperone and/or adult group members, and the parents/legal guardians of minor group members, all the group’s accepted and agreed terms, policies, information, and conditions of WPSMF, and shall deny festival participation to any group member, if a member or parents/legal guardians of a minor member, do not accept and agree to the same WPSMF published terms, policies, information, legal notices and conditions.