Terms of Service
By purchasing a Pachena Bay Festival ticket, you are agreeing to our terms of service.
Tickets are NON-refundable. They are transferable only at the set-out price and only Via the safe transfer system. (Link provided on the bottom of every ticket.) Pachena Bay reserves the right to refuse and remove anyone for any reason at any point before or during the event. If it is left to the decision of the festival proof of vaccination will never be required, but if the nation or public health orders change Pachena Bay festival will adjust in every way possible to ensure the event takes place. Any new actions that are taken by Pachena Bay to mitigate the spread of covid will not result in a refund. Some potential examples of this could include things like proof of immunity or vaccination, testing requirements, once you have entered the festival site you cannot leave. You acknowledge that the beach (below the high tide line) is in the public domain and agree to behave in alignment with all rules associated with Canada Parks rules and regulations. By purchasing a ticket you agree to all the rules set out by the Pachena Bay Music festival and agree to treat the land and locals with the utmost respect.
TERMS OF SERVICE
I, the purchaser and participant, willingly and voluntarily enter into this Release of Liability, Waiver of Claims, and Indemnity Agreement (the "Agreement") as follows:
Assumption of Risks: I understand that participating in the Pachena Bay Music Festival ("the Event") entails inherent risks of physical injury, including, but not limited to, the risks provided by the organizers. I have had the opportunity to ask questions regarding the Event, and all my inquiries have been satisfactorily addressed. Having carefully read this form, I am fully aware of the risks and hazards associated with the Event, and I hereby choose to voluntarily participate in the Event. I willingly assume complete responsibility for any potential loss, property damage, or personal injury, including the risk of death, that may occur as a result of my participation in the Event, except in cases of gross negligence or willful misconduct by the organizers, their officers, trustees, agents, employees, or volunteers.
In consideration of my attendance at the Event, I acknowledge and accept full and absolute responsibility for any injuries or accidents that may occur during the Event, while I am on the Event premises, or during my travel to and from the Event location. I understand that participating in the Event involves inherent hazards, and I should only enter and participate if I am medically fit and adequately trained. I also acknowledge and agree that the Event may take place over public waterways, roads, and facilities open to the public, where hazards are expected. Furthermore, I recognize and agree that participating in the Event carries inherent risks and dangers that cannot be entirely eliminated, ranging from minor injuries to severe injuries, including permanent disability and death. I am fully aware of and assume all risks associated with participating in the Event, including but not limited to the risk of permanent injury or death due to falls, obstacles, contact with other participants, actions or omissions of other participants, the effects of weather, traffic, conditions of any water or road, losses (including loss of income), or expenses incurred as a result of my participation in the Event.
Waiver and Release: I hereby forever waive, release, discharge, and hold harmless the Pachena Bay Music Festival (the "Organizers"), and their representatives, agents, sponsors, directors, contractors, producers, municipal, provincial, federal governing agencies, park governing agencies, event vendors, all venues where activities are held, and the members, officers, directors, employees, representatives, assigns, affiliates, and agents of the aforementioned (collectively referred to as the "Releasees").
I release the Releasees from any and all claims, losses, costs, causes of action, damages, or liabilities, including claims for personal injury or property damage, arising from my participation in the Event, even if such claims result from the negligence, breach of contract, or breach of statutory or other duty of care by the Organizers or any of the Releasees.
Covenant Not to Sue: I agree not to file any lawsuits or claims against the Organizers or any other persons or entities mentioned above for any of the claims or liabilities that I have waived, released, or discharged in this Agreement.
Indemnification: I indemnify and hold harmless the Organizers and Releasees from any and all losses, claims, suits, actions, damages, or liabilities, including legal fees and disbursements on a solicitor-and-own-client basis, that may be assessed against them as a result of or in connection with my actions during, and in connection with, the Event.
Future Claims: I forever release the Organizers from any and all claims, demands, actions, damages (including direct, indirect, special, and/or consequential), losses, judgments, and costs (including legal fees) that may arise out of, result from, or relate to my participation in the Event, even if such claims are caused by the Organizers in any manner, including negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract, and/or breach of statutory duty of care.
Indemnification of the Organization: If, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I or anyone on my behalf makes a claim against the Organization or any third party seeking indemnification from the Organization, I agree to indemnify, save, and hold harmless the Organization from any litigation expenses, legal fees, loss, liability, damage, or costs that may be incurred as a result of such claim, to the fullest extent permitted by law.
Governing Law and Jurisdiction: This Agreement shall be governed solely by the laws of the Province of British Columbia, Canada. Any litigation involving the parties to this Agreement shall be brought exclusively within the Province of British Columbia and subject to the jurisdiction of the Courts of the Province of British Columbia.
No Reliance on Oral or Written Representations: I confirm that I am not relying on any oral or written representations or statements in entering into this Release Agreement.
By purchasing a ticket to Pachena Bay Music Festival, I acknowledge that I have read, understood, and voluntarily accepted the terms herein and acknowledge the inherent risks associated with participating in the Pachena Bay Music Festival.
I also agree to the Code of Conduct known as the Camper's Pledge:
As Camper’s attending Pachena Bay Music Festival, we commit to the Camper’s Pledge and it’s CLEAR ethos statement:
Consent - Enthusiastic yeses only! Get clarity, ask questions, embrace shifts in knowledge and power dynamics, and be comfortable to speak your truth fearlessly!
Love - Authentically shared love and kindness are at the heart of what we do. Feel it, share it, and consider it in all your actions.
Equity - We are better together and we deserve to feel that way truly deep down. Ask authentically, listen wholeheartedly, and act and accordingly.
Awareness - In adaptive processes to new and important knowledge, we all strive to do better, be aware, and engage in learning. Let’s do the work!
Respect - compassionately Respect for each other and the environment is essential. Consider others, their boundaries, their needs, and the results of your actions. Bring out what you brought in.
All inquiries can be sent to the Producer, Ben Howells at email@example.com