Terms and Conditions - HardClassics Festival

Deposited at the Chamber of Commerce in Amsterdam 61388556

Article 1 Definitions

1.1 “Organization” F2P BV, legally based in Haarlem, and any other company or business directly or indirectly affiliated with this company. 1.2 “Event” An event/festival, performance, music (performance), and/or other manifestation organized (partially) by the Organization in the broadest sense of the word. 1.3 “Visitor” Any natural (legal) person who directly or indirectly enters into an agreement with the Organization by purchasing an Admission Ticket and/or Ancillary Product for an Event. 1.4 “Venue” Any actual location where an Event is held, as well as all areas, spaces, and fields surrounding it (including parking lots and access routes), which are part of the complex where the Event is held and the adjacent public road to which the Organization has any legal entitlement. 1.5 “Admission Ticket” A (digital) document or unique barcode/code provided by the Organization or a third party engaged by the Organization that grants the Visitor the right to access an Event organized by the Organization. 1.6 “Ancillary Product” A (digital) document or unique barcode/code provided by the Organization or a third party engaged by the Organization that grants the Visitor the right to a reservation for an Ancillary Product of an Event. Examples include parking tickets and lockers.

Article 2 Applicability

2.1 These general terms and conditions apply to all agreements, whether established directly or indirectly through an intermediary, to which the Organization is a party, as well as all services to be provided by the Organization based on them. 2.2 By purchasing or otherwise obtaining an Admission Ticket or entering the Venue, an agreement is established, and the Visitor unconditionally agrees to the content of these general terms and conditions. 2.3 Deviations from these general terms and conditions are only binding if the Organization has explicitly agreed to them in writing. 2.4 The invalidity of any provision of these general terms and conditions does not affect the validity of the remaining provisions. 2.5 The Organization expressly rejects the general terms and conditions declared applicable by the Visitor. 2.6 The Organization reserves the right to unilaterally amend the General Terms and Conditions. The amended version of the General Terms and Conditions will apply from the moment of publication. Publication will take place via the Organization’s website.

Article 3 Admission Tickets & Ancillary Products

3.1 Only Admission Tickets and Ancillary Products provided by the Organization or by third parties engaged or recognized by the Organization are recognized as valid by the Organization. 3.2 Purchased Admission Tickets and Ancillary Products will not be taken back by the Organization and cannot be exchanged. No refund of the purchase price or transaction & administration fees (fee) will take place either. 3.3 An Admission Ticket is issued to the Visitor once and grants one Visitor one-time access to the Event. An Ancillary Product is also issued once and grants one Visitor one-time reservation for a chosen Ancillary Product. 3.4 An Admission Ticket is personal and grants access to the Event only to the holder of the Admission Ticket. The Visitor is responsible for retaining possession of the Admission Ticket and bears the associated risk of loss, theft, damage, or misuse of their Admission Ticket and/or Ancillary Product. 3.5 An Admission Ticket and Ancillary Product may consist of a (digital) document or a unique barcode provided by the Organization. 3.6 Admission Tickets and Ancillary Products with a barcode will be scanned at the Event. The Visitor is responsible for displaying and the readability of the barcode on the Admission Ticket and/or Ancillary Product. If the barcode is poorly printed, damaged, unreadable, or only partially visible, access will be denied (in the case of an Admission Ticket) and/or the reservation canceled (in the case of an Ancillary Product), and documents will be considered invalid. 3.7 If an Ancillary Product is modified and/or not available at an Event, the Organization is entitled to replace it with a comparable Ancillary Product. The Visitor is not entitled to a refund in this case. If the comparable Ancillary Product has a lower sales price than the original Ancillary Product, a refund will be made for the overpaid amount to the original purchaser. If an Ancillary Product is canceled by the Organization, the Organization will refund the purchase amount as stated on the document to the original purchaser of the Ancillary Product, excluding any transaction & administration/service fees and/or other fees.

Article 4 Prohibition of Resale of Admission Tickets and Ancillary Products

4.1 Visitors are not permitted to resell Admission Tickets and/or Ancillary Products for an Event in any way to third parties and/or provide them for commercial purposes in any way to third parties. The Visitor will be liable for all damages suffered by the Organization as a result of the violation of the provisions in this article. 4.2 In case of violation of this article, the Organization is entitled to refuse the purchaser of the Admission Ticket and/or Ancillary Product, as referred to in the previous paragraph, access to the Event/reservation of the Ancillary Product without being obliged to refund the purchase price of the Admission Ticket or Ancillary Product.

Article 5 Access, Stay, and Safety

5.1 To gain access to the Event/Venue, the Visitor must have a valid identification document (passport, identity card, driver’s license) and an Admission Ticket. Identification must be shown upon request. 5.2 If a minimum age is set for an Event, the Visitor declares by purchasing the Admission Ticket that he/she meets the minimum age set for that Event. 5.3 The Organization is entitled to search Visitors before or during the Event and to inspect the (hand) luggage carried by the Visitor. A Visitor expressly agrees to this search. If a Visitor does not wish to cooperate, the Visitor will be denied access to the Venue, without the Organization being obliged to refund the purchase price of the Admission Ticket and any Ancillary Products. 5.4 If requested by the Organization, the Visitor is obliged to identify himself by showing a valid identification document (passport, identity card, driver’s license). 5.5 During his/her stay at the Venue, the Visitor must behave in accordance with the prevailing standards regarding public order, decency, and propriety. Furthermore, the Visitor is obliged to behave in accordance with the house rules applied by the Organization concerning the Event. In this context, the Visitor is also required to follow the instructions and directions given by identifiable officers of the Organization (including but not limited to security personnel). 5.6 The Organization is entitled, without stating reasons, to deny Visitors access to the Venue or to remove them from the Venue if a Visitor does not behave in accordance with the provisions of the previous paragraph of this article or if the Organization deems this necessary to maintain peace and order during the Event. In such cases, the Visitor is not entitled to a refund of the purchase price of the Admission Ticket and any Ancillary Products. 5.7 Visitors are not allowed to bring or carry professional photo, film, audio, and/or other recording equipment to or at the Venue, under penalty of seizure for the duration of the Event. 5.8 Visitors are not allowed to bring or carry (house) pets, (hard) drugs or hallucinogenic substances, alcoholic beverages and food in any packaging, glassware, cans, plastic bottles, umbrellas, selfie sticks, fireworks, (fire) weapons, vehicles, pressurized spray cans, liquids, or other dangerous items to or at the Venue, under penalty of seizure without return. If necessary, the Police will be informed. 5.9 The Visitor is not allowed, unless he/she has obtained prior written permission from the Organization, to sell or exchange goods of any kind at the Venue, or to provide them to third parties free of charge. 5.10 Visitors who need to use personal medication during the Event must request permission from the Organization via email before the Event. The Visitor is only allowed to bring medication to the Event if the medication is still in its original and sealed packaging, provided with the original leaflet(s), and the Visitor can concretely demonstrate why the medication needs to be used (with a doctor’s statement). If these conditions are not met, or if the Organization has grounds to doubt the presented medication and/or the intentions of the Visitor, the Organization will proceed to seize the medication without return. The Organization accepts no liability in this regard. 5.11 The Visitor is not allowed to damage or otherwise affect the inventory of the Venue/Event in any way. If the Visitor damages this inventory in any way, he/she is obliged to compensate this damage, and a report will be made to the Police. 5.12 After leaving the Venue, a Visitor no longer has access to the Venue. 5.13 Purchased consumption tokens during an Event are only valid during the announced opening hours of the Event. Purchased consumption tokens will not be taken back and cannot be exchanged for money. 5.14 Products purchased through third parties during an Event cannot be taken back or exchanged for money by the Organization, nor is the Organization responsible for any warranties on these products. 5.15 Smoking is prohibited in all indoor locations/covered locations at the Venue. Smoking is only allowed in the open air. At Events that take place entirely indoors, smoking is only allowed in the designated smoking areas. 5.16 Possessing/consuming alcoholic beverages at the Venue is prohibited for Visitors under 18 years old. 5.17 Visitors, regardless of their age, are not allowed to provide alcoholic beverages (whether for payment or not) to anyone who has not yet reached the age of 18. 5.18 (Image) recordings are made with security cameras during the Event. These recordings are stored up to 72 hours after the Event. The Organization may hand over these recordings to third parties such as the Police and Justice in case of emergencies. 5.19 It is forbidden to advertise other events or merchandise on or near the Venue before, during, or after an Event without explicit written permission from the Organization under penalty of a damage compensation of € 5,000 (five thousand euros). 5.20 Loud and amplified music will be played during the Event. The Visitor is responsible for taking hearing protection measures if needed. The Visitor declares to be aware of this. 5.21 Visitors who violate the provisions of this article or refuse to comply with any provision may be denied access to the Event or may be removed from the Venue by the Organization, without the Organization being obliged to refund the purchase price of the Admission Ticket and any Ancillary Products. The Visitor will be liable for all damages suffered by the Organization as a result of the violation of the provisions in this article.

Article 6 Liability

6.1 All offers, (program) announcements, communications, or otherwise provided information and price quotes made by the Organization or by third parties engaged by the Organization are without obligation. The Organization accepts no liability for any errors in announcements, offers, communications, or otherwise provided information and price quotes made by the Organization and by third parties to the Visitor, or for errors made in the (pre)sale of Admission Tickets/Ancillary Products by third parties, including presale addresses. 6.2 The Organization will strive to execute the Event’s program as much as possible according to the announced schedule. However, the Organization is never liable for deviations in this and any damage that may result for the Visitor or third parties. 6.3 Entering the Venue and attending the Event is at the Visitors’ own risk. The Organization is only liable for damage suffered by the Visitor or injury caused to the Visitor, which is directly and exclusively the result of intent or gross negligence by the Organization, provided that only the damage for which the Organization is insured is eligible for compensation and insofar as this damage is covered by the relevant insurance. The Organization’s liability is in any case (but not limited to) excluded for:

Damage resulting from actions of third parties, including third parties engaged by the Organization such as suppliers, tenants/lessees of parts of the Venue, and persons engaged by these third parties.
Damage resulting from not following instructions given by functionaries engaged by the Organization and from not complying with general norms of public order, safety, and decency.
Damage caused by attending the Event to, for example, hearing or sight.
Damage resulting from loss, damage, or theft of goods belonging to the Visitor and brought to the Venue.
(Consequential) damage resulting from unforeseen changes in the start and end times of the Event.
Damage caused in any way by other Visitors of the Event.
Damage directly or indirectly caused by any defect or property or circumstance in or on any movable or immovable property of which the Organization is the holder, (tenant), lessee, or owner, or that is otherwise at the Organization’s disposal.
Consequential damage and indirect (business) damage on the part of the Visitor.
Damage resulting from products provided or purchased through third parties at the Venue.

6.4 Visitors are required to report any damage suffered within 48 hours after the Event to the Organization via info@free2party.com under penalty of forfeiture of any claim for compensation.
6.5 The exclusions and limitations of liability included in this article also apply for the benefit of employees of the Organization and/or third parties engaged by the Organization.

Article 7 Force Majeure

7.1 The Organization is never liable for damage suffered by the Visitor that has arisen as a result of force majeure on the part of the Organization. Force majeure is understood to include any circumstance independent of the Organization’s will, even if this could have been foreseen at the time the agreement between the Organization and the Visitor was concluded, which temporarily or permanently prevents the fulfillment of the agreement, including but not limited to riots, civil disturbances, terror and terror threats, actions by police and/or fire brigade, strikes, transport difficulties, fire and other serious disruptions in the Organization and/or at the Venue, weather conditions and for any reason non-functioning public transport as well as the circumstance that an Event cannot take place because the necessary permits for the Event have not been granted or have been withdrawn or the Event has to be canceled by order of the competent authority. 7.2 In case of force majeure, the Organization has the right to cancel the Event or to organize it on another date, without being liable for any damage suffered or to be suffered by the Visitor as a result.

Article 8 Cancellation or Relocation/Changes of Event

8.1 The Organization will make efforts to ensure the Event takes place at the indicated location, on the indicated date, and at the indicated time. 8.2 The Organization is entitled to modify parts of an Event, combine it with a similar event, shift it to another date and/or another location without being liable for any damage suffered or to be suffered by the Visitor as a result. Admission Tickets and Ancillary Products for Events that are rescheduled remain valid for the new date. Only in the case of a definitive cancellation of the Event will the Organization refund the original purchaser of the Admission Ticket/Ancillary Product the price stated on the Admission Ticket/Ancillary Product (regardless of the price the Visitor paid for the Admission Ticket/Ancillary Product), excluding any transaction & administration/service fees and/or other fees. If the Organization cancels the Event after it has started (official opening time of the Event, as permitted by the municipality), the Visitor is entitled to a refund of the Admission Ticket if this occurs within 50% of the total duration of the Event. After this, the right to a refund fully expires. 8.3 Refunds of amounts as referred to in paragraph 2 of this article will only take place at the Visitor’s request, upon submission to the Organization or a third party designated by it, of a valid Admission Ticket/Ancillary Product within 14 (fourteen) days after the (first) day on which the cancellation was announced by or on behalf of the Organization. 8.4 If the Organization deems it desirable for any reason or in case of force majeure, the Organization is entitled to change artists and/or planned activities announced in advance without proceeding to a refund as described in paragraph 2 and without being liable for any damage suffered or to be suffered by the Visitor as a result.

Article 9 Registration

9.1 The Organization is entitled to record (image) recordings of (parts of) the Event and the Visitors and to reproduce and publish these recordings by means available to the Organization/media, as well as to grant third parties permission for such publication and/or reproduction. This also includes (image) recordings from security cameras in the context of maintaining public order and safety at the Venue. 9.2 By entering the Venue, the Visitor agrees indefinitely, irrevocably, and unconditionally to:

The recording and/or (re)use of his/her name, voice, portrait, and/or image by means of live or recorded audio, photo & video recordings and broadcasting/distribution thereof via current and/or future media technologies.
The publication and reproduction of his/her portrait and physical characteristics by the Organization or a third party designated by the Organization, whereby the Visitor expressly waives his right to oppose such publication, regardless of the medium or context in which or the commentary with which this occurs. Neither the Organization nor any third party to whom the Organization has given permission for such publication and/or reproduction is liable to pay any compensation to the Visitor in this regard.

Article 10 Intellectual Property Rights

10.1 Visitors are not permitted to make professional images or sound recordings of (parts of) the Event without the Organization’s permission, under penalty of seizure. Seized image and/or sound carriers will be destroyed. Visitors are not allowed to publish or reproduce any images and/or sound recordings made in violation of the previous sentence during the Event, nor to provide them to third parties for publication or reproduction. 10.2 The Visitor is not entitled to reproduce any part of the program, posters, flyers, or other (promotional) material produced by the Organization or otherwise infringe on the intellectual property rights belonging to the Organization, including but not limited to trademark rights, copyrights, and trade name rights. 10.3 The Visitor is liable for an immediately payable, non-reducible penalty of € 50,000 (fifty thousand euros) for violating the provisions of this article, without prejudice to the Organization’s right to compensation according to the law.

Article 11 Privacy and Personal Data

11.1 By entering into an agreement with the Organization, the Visitor’s (personal) data may be collected, recorded, and stored in a data file. These data may be used by the Organization to inform Visitors about its products. 11.2 The Organization processes personal data of Visitors in accordance with the Personal Data Protection Act.

Article 12 Complaints

12.1 If a Visitor unexpectedly has a complaint regarding the performance of the agreement and/or the Organization’s services, the Visitor can report this in writing by emailing info@free2party.com. Complaints must be submitted to the Organization within 7 (seven) days after the date of the Event.

Article 13 Final Provisions

13.1 If any provision of these general terms and conditions is wholly or partially void or otherwise invalid, this does not affect the validity of the remaining provisions. An invalid or otherwise invalid provision will be converted into a valid provision with as much as possible the same purport. The Organization is entitled to amend these general terms and conditions. 13.2 Disputes will be settled exclusively according to Dutch law.