TERMS & CONDITIONS

EPHEMERA FESTIVAL 2023

15-18 June 2023 Warsaw

Art. 1 GENERAL PROVISIONS

These Terms & Conditions set out general rules and terms and conditions of participation in the festival EPHEMERA FESTIVAL 2023 (the “Festival”), including entry to the venues of the Festival and its fringe events, ticket sales, the code of conduct, rights and responsibilities of Festival attendees, and penal provisions. The purpose of these Terms & Conditions is to ensure safety and order during the Festival by setting out the principles of conduct for persons attending the events and by regulating the rights and responsibilities of event attendees in connection with their purchase of a ticket.
The Festival under the name EPHEMERA FESTIVAL 2023, taking place in Warsaw from 15 to 18 June 2023, is organised by Fundacja Tone – Muzyka i Nowe Formy Sztuki, with its registered office in Kraków (postcode: 31-511), ul. Rakowicka 11, entered in the commercial register and the register of associations of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, Division XI Commercial of the National Court Register, under number 0000297651, REGON (business identification number): 1206259220, (the “Organiser”). The Organiser carries out its responsibilities through persons wearing appropriate wristbands at Festival venues.
The Terms & Conditions apply to all attendees of events taking place as part of the Festival, regardless of what capacity they are acting in at the Festival site. Any person on site shall adhere to the provisions of these Terms & Conditions.
The venues of the Festival events are managed by Festival Partners indicated in the Program (www.ephemerafestival.com) and on the admission tickets. Each of the venues may additionally implement its own regulations of the facility, which is a document complementary to these Terms & Conditions.
The Terms & Conditions were issued under laws generally applicable during the Festival period.

Art. 2 ENTRY TO FESTIVAL VENUES

Unaccompanied admission to concerts and other events as part of the Festival is available only to persons aged 18 or over at the date of the event. All these persons must have photographic ID (ID card, driving licence, student ID, etc.). Persons below the age of 18 may enter Festival event venues only when accompanied by an adult and with the written consent of their guardian. Any form of ID (e.g., ID card, school ID) may be used for verification of the age of persons below the age of 18. Persons below the age of 18 who enter the Festival venues remain the responsibility of their guardian.
A necessary carer for a person with a legal motor disability or for a blind person (or with a visual impairment) may be admitted free of charge on presentation of suitable ID. Free admission is available to one carer only without the right to change the carer on the day of the Festival or during the event.
Only holders of a valid ticket to the specific Festival event, valid festival pass holders or holders of accreditation issued by the Organiser may be admitted to a Festival event venue. However, the Organiser reserves the right to refuse admission to any Festival event venue to persons entitled to enter the Festival event venue who arrive late, if it could interfere with the running of the event, in the Organiser’s opinion.
Admission will be refused to: any person apparently under the influence of alcohol or narcotic, psychotropic or other similar substances; any person carrying a weapon or other items, materials, products, drinks or substances that pose a threat to the life or health of other Festival attendees; any person who behaves in an aggressive, provocative or other manner causing a threat to public safety or order, and also any person in breach of these Terms & Conditions; any person without a ticket or another document that entitles them to attend the event or any person who refused to show their ticket or ID; any person whose behaviour may interfere with the running of the event; any person who fails or could fail to comply with the responsibilities set out in these Terms & Conditions.
Attendees may be removed from the Festival event venue for reasons stated in section 4 above. A decision to refuse admission or remove a person from the Festival event is made at the discretion of the Organiser or security staff. Where a person is refused admission or removed for reasons indicated in section 4 above, the Organiser shall not be obliged to refund the festival pass or ticket price.

Art. 3 TICKET SALES

Each event ticket or pass is valid for one person only.
Tickets to individual Festival events may be available under links to Going., on individual event pages and at the outlets listed in the Festival information materials. During the Festival, tickets may be purchased at event venues immediately before the start of the event on the days of the events. Number of tickets is limited. Organiser reserves the right to stop the sale at any time.
By purchasing a pass or ticket you accept these Terms & Conditions.
It is prohibited to resell tickets at auction, in competitions or for profit by means other than through authorised outlets. This does not apply to competitions organised by the Festival Organiser.
Unused tickets or passes are non-refundable.

Art. 4 CODE OF CONDUCT

It is prohibited to enter a Festival event site with: weapons or other dangerous items or tools, alcohol, narcotic or psychotropic drugs, explosives or pyrotechnics, toxic or radioactive substances, flammable liquids, or any other items that the Organiser may deem as posing a threat to safety, with own drinks and food, and animals, except for assistance dogs.
It is prohibited to enter a Festival event site and use during any event: tripods, cameras or other audio/video recording devices which can be used for professional purposes, including cameras with interchangeable lenses and cameras with lenses with a focal length longer than 100 mm.
The Organiser may record Festival events, in particular the behaviour and images of attendees, using video and audio recording devices, and hand over the materials thus recorded to relevant law enforcement agencies in cases provided for by law. Any materials collected by recording the Festival which may serve as evidence sufficient to initiate criminal proceedings or bring a minor offence case, or as evidence relevant to such pending cases, shall be immediately handed over by the Organiser to the district prosecutor for the Festival’s location or to the Police. Any materials collected by recording the Festival, which do not include evidence sufficient to initiate criminal proceedings or bring a minor offence case, or evidence relevant to such pending cases, will be stored for at least one month after the end of the Festival, and then destroyed.
The Organiser also records Festival events to document, promote or advertise the Festival, the Organiser and the Festival Partners. The image of those attending Festival events as public spaces may be recorded free-of-charge and then disseminated indefinitely for documentation, reporting, advertising and promotional purposes of the Organiser and the Festival Partners. Festival attendees give their implied consent to the processing of their personal data in the form of an image in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).
Recording or disseminating the image of Festival attendees does not require their consent pursuant to Article 81 par. 2 pt 2 of the Copyright and Related Rights Act of 4 February 1994 (consolidated version of 21 June 2018, Journal of Laws of 2018, item 1191). A person whose image has been recorded or disseminated may object by sending an email to [email protected]. In the event of an objection from a person whose image has been recorded or disseminated, the Organiser may discontinue the recording and dissemination of that image, unless it is in conflict with the legitimate interest of the Organiser or a Festival Partner. Where an image has been disseminated in breach of the law, the Organiser shall take any measures necessary to remove the image from the spaces where it has been disseminated, and the person attending the Festival whose image has been recorded or disseminated acknowledges that due to the protection of the legitimate interest of the Organiser or a Festival Partner, or due to technical conditions, it may be impossible or require a significant amount of time to remove, or discontinue the dissemination of, the image.
The Organiser’s security staff, wearing badges in a visible place, are entitled to: check one’s entitlement to attend the event, and in the event of finding that they have no such entitlement – ask them to leave the Festival; ask a person to show their ID to establish their identity; detain anyone who poses an imminent threat to human life or health, or to the property being protected.
The following behaviour is prohibited at the Festival site: taking action aimed at interrupting or interfering with the running of an event or disturbing other event attendees; using offensive, inappropriate language, chanting and displaying inappropriate or racist slogans, and discriminating, in particular on nationalistic, religious, social, racist, gender or sexual orientation grounds; consuming alcohol, and in the event that the Organiser allows the sale of alcohol in designated places, consuming alcohol outside of those places; littering the area and infrastructure of the venues where Festival events take place; blocking the space around the exits, entrances and escape routes of the Festival event sites; carrying out any gainful, advertising, promotional or charitable activity unrelated to participation in the event, not authorised by the Organiser in writing, at the Festival site; entering spaces not designated for Festival attendees; making an audio or video recording of a Festival event; performing activities not listed above and prohibited under applicable laws.

Art. 5 RIGHTS AND RESPONSIBILITIES OF FESTIVAL ATTENDEES

A Festival attendee has the right to: enter and attend the event in accordance with applicable laws and these Terms & Conditions; obtain information, including on the Festival event programme, catering facilities and toilets, from the Organiser; obtain medical assistance insofar as it is related to participation in the Festival event.
The Organiser reserves the right to cancel all or some of the events during the Festival for reasons not attributable to the Organiser without notice. In the event of cancelling all or some of the events during the Festival, an attendee may claim a refund of all or part of the price paid for the ticket or pass, respectively.
The Organiser shall not be liable for any loss in excess of the unit price of the ticket or pass paid by the attendee for attending the Festival event.
The Organiser reserves the right to change the Festival programme (in particular the artist lineup) for reasons not attributable to it.
The Organiser reserves the right to determine and alter the Festival event programme, including the time and place of any event.
In the event of a change to the date, place or time of an event within 48 hours prior to the originally planned start of the event or if the need for change results from circumstances attributable to the Organiser, an attendee may claim a refund of all or part of the price paid for the ticket or pass, respectively. A festival pass holder may not claim a refund of the price paid for the pass, if the event took place during the validity period of the pass.
Attendees must arrive at the place of the event suitably in advance.
The Organiser informs you that the Festival events are held in high volume sound zones, and high volume sound can damage your hearing, so it is advisable to use sound-reducing headphones or earplugs. Strobe lighting may be used during the events. This poses a particular risk to people suffering from epilepsy, pregnant women and children. The Organiser shall not be liable for damages caused by high volume sound and strobe lighting. People attend Festival events at their own risk, being aware that staying in high volume sound zones can cause permanent or temporary hearing damage.

Art. 6 SECURITY AND INFORMATION SERVICE

1. The Organiser’s security staff, wearing badges in a visible place, are entitled to:

- inspect the contents of a person’s bags and clothing if they suspect that Attendee is trying to bring in or is in the possession of any of the objects specified in chapter 4 point 1;
- issue instructions aimed at keeping order to persons who disturb public order or behave contrary to the Regulations and should such a person fail to observe these instructions to instruct them to leave the event;
- to use physical force in the form of incapacitating grips or similar defence techniques if a person poses a threat to the property protected by the Security Personnel or if a Security Personnel Member or another person is attacked, in compliance with the provisions of Art 38 of the Personal and Property Protection Act of 22 August 1997 (JoL no. 114, item 740, including amendments);
- check a person’s authorisation to be at an Event and check a person’s ID to determine Atendee’s identity.
- The Security Personnel and Attendants are required to remove from an Event Venue any person whose behaviour disturbs public order or is inconsistent with the Terms & Conditions.

Art. 7 COMPLAINTS

Any complaints or concerns can be raised within 7 days of the end of the Festival in person at the Festival office, by email to info@unsound.pl or letter to the address ul. Rakowicka 11, 31-511 Kraków, Poland.
The Organiser shall consider all properly made complains within 14 business days.
Pursuing any claims against the Organiser is possible once the complaints procedure is exhausted.
Violation of the code of conduct indicated in Article 4 of the Terms & Conditions or refusal to enter a Festival site in the cases indicated in Article 2.4-5 of the Terms & Conditions will not result in any entitlement to a refund of the price paid for the ticket or pass.

Art. 8 FINAL PROVISIONS

The Organiser shall not be held liable for any force majeure events.
Awarding the status of a Festival Partner is at the Organiser’s absolute discretion.
These Terms & Conditions are available on the Festival’s website: www.ephemerafestival.com and at the Festival Office.
The Terms & Conditions come into force on April 25, 2023.