The Food Network & Cooking Channel South Beach Wine & Food Festival presented by Capital One (“Festival”) is hosted by The Florida International University Board of Trustees (“FIU”) and Southern Glazer’s Wine & Spirits (“SGWS”) (collectively, FIU and SGWS shall be known as the “Festival Organizers”). The amount of any tax-deductible donation associated with this Purchase will be provided upon request at a later date in accordance with applicable law, and shall benefit FIU’s Chaplin School of Hospitality & Tourism Management in support of its capital, operational and student needs. Any purchase or possession of tickets (including wristbands and credentials, collectively, the “Ticket(s)”) for the Festival constitutes the irrevocable acceptance of, and the agreement to be bound by all of the terms and conditions contained herein, by ticketholder as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “Holder”, and/or “You”). Holder further acknowledges and agrees that the Festival may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained herein, without advanced, direct or individual notification to you and such revisions shall, at the sole and absolute option of the Festival, relate back to the date of purchase. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PURCHASE AND/OR USE TICKET(S).
ALL SALES FINAL; NO REFUNDS, NO EXCHANGES, NO REPLACEMENTS; RESALE RESTRICTIONS
All events, prices, personalities, performances, venues, dates and times are subject to change without notice. All sales are final. This ticket will not be replaced, refunded or exchanged for any reason whatsoever. Pursuant to s. 817.36, Florida Statutes, this ticket may not be resold for more than $1 over the original admission price, nor may any resale occur on any property where an event is being held without the prior written consent of the Festival Organizers.
ASSUMPTION OF ALL RISKS
WHILE ATTENDING THE FESTIVAL, YOU WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS, SUCH AS COVID-19, EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. Each Holder voluntarily assumes all risks, hazards and dangers incidental to the event for which the ticket is issued (“Event”), whether occurring prior to, during, or after the Event, including but not limited to those of communicable disease. Holder hereby voluntarily and expressly agrees to release Festival Organizers, including FIU, SGWS, and each of these two separate legal entities’ respective officers, directors, owners, affiliates, employees and agents (collectively, “Organizer Representatives”) acting by and through them, from any claim arising from or relating to the Event. Holder expressly agrees to INDEMNIFY AND HOLD HARMLESS the Festival, its directors, officers, employees, volunteers, agents, and representatives from any and all claims, demands, actions and costs which might arise out of Holder’s participation in the Festival, even though such claims, demands, actions and costs may have been caused by the negligence of the Festival, its directors, officers, employees, volunteers, agents and representatives. Festival Organizers are not responsible for lost or stolen articles at the Event.
All attendees must be 21 years of age or older (except for those family events specifically designated by the Festival where age limit does not apply).
For everyone’s safety, all attendees must abide by the Festival’s Bag Policy, found at https://sobewff.org/bagpolicy. Attendees will not be permitted to bring non-approved bags into Festival Events under any circumstances.
NO PETS ALLOWED. ONLY SERVICE ANIMALS PERMITTED
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. For more information, please refer to the U.S. Department of Justice.
INCLEMENT WEATHER/EVENT CHANGES/FORCE MAJEURE
Festival Organizers shall have no responsibility, financial or otherwise, for Event and/or Festival cancellation, delay or interruption due to inclement weather, if the Festival or any of its Event(s) is postponed or canceled by the Festival Organizers due to public health and/or safety concerns, or other acts beyond its control, including but not limited to Force Majeure events as defined herein, and will not refund Holder in such situations unless decided otherwise by the Festival Organizers in their sole and absolute discretion as provided herein. Upon the occurrence of the Event and/or Festival cancellation due to reasons outlined herein, including but not limited to, events outside the Festival’s reasonable control, acts of God, public health emergencies (including, but not limited to, as a result of epidemics and pandemics); riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), any federal, state or local government law, order, or regulation, order of any court or jurisdiction, Festival Organizers shall, at their sole and absolute discretion (a) have the right, but not the obligation, to issue a refund to Holders, OR shall at its sole and absolute discretion, (b) elect to postpone the Event and/or the Festival OR (c) cancel the Event and/or the Festival without further legal or financial obligation or liability to Holder, including the obligation to issue a refund or to reschedule the Event and/or the Festival. Purchasing Tickets pursuant to these terms and conditions subjects Holder to a high degree of risk relative to possible the Event and/or Festival’s cancellations. If the Festival Organizers elect to issue a refund, an amount equivalent to the face value of Ticket(s) only shall be refunded to the payment method by which the purchase was originally made. Under no circumstances shall Holder be entitled to a refund of any shipping, handling or other processing fees.
RIGHT TO USE YOUR NAME, VOICE, IMAGE AND LIKENESS
By using this ticket, Holder hereby grants Festival Organizers and their affiliates and licensees the irrevocable, transferable, perpetual right and license to record (by photograph, film, tape, aural devices and any other method or device) the Holder’s name, voice, image and likeness while at the Festival (the “Recordings”) and publish, print, display, or use such Recordings for any and all purposes, in any and all media now known or hereafter devised. No cameras or recording devices are permitted at the Event, except as approved in advance by the Festival Organizers.
As responsible members of the community, Festival Organizers recognize the concern about drinking and driving, and its policy is to encourage responsible consumption of products at the Festival. Attendees who consume alcoholic beverages must do so in a responsible manner. If Holder believes that his/her driving ability may be impaired or that Holder cannot safely operate a motor vehicle, please speak with a Festival representative who will assist in securing transportation (at Holder’s cost) to Holder’s destination point. Due to the sheer number of Event attendees, neither the Festival Organizers nor the representatives of any Event venue can ensure that all attendees who intend to drive are capable of driving. Accordingly, Holder agrees to release, indemnify and hold harmless Organizer Representatives and the Event venue, as appropriate, from any liability related thereto.
Possession of any dangerous article, including but not limited to, firearms, destructive devices, explosives, slingshots, weapons, tear gas guns, electric weapons or devices and fireworks, are expressly prohibited at the Festival in accordance with Florida Statutes Section 790.115, except as provided by Florida law. Holder agrees that this policy is in force, and agrees to comply with the policy, regardless of whether signs prohibiting weapons are posted on the premises of any official Festival Event.
If you have a disability and need an accommodation in order to participate in the Event, please contact the Festival at (305) 627-1617 or email@example.com at least three (3) days prior to the Event. TTY users, please call 711 (Florida Relay Service) or visit https://www.ftri.org/relay for a list of dedicated toll-free numbers for each call-type that you can utilize to connect to us via phone. In all situations, a good faith effort (up until the time of the Event) will be made to provide accommodations.
CODE OF CONDUCT
Holder acknowledges that, in addition to other Festival’s rules and requirements, the Festival has put in place preventative measures and rules to reduce the risk of spread of COVID-19; all of them set forth in the Festival’s Code of Conduct below. All attendees (including ticket holders, sponsors, speakers, media, exhibitors and other participants) must abide by the aforementioned Festival’s Code of Conduct at all times. Anyone found to be in violation of any of such terms will be asked to immediately leave the Event, without refund.
We believe that the Festival events should be enjoyed by all attendees. As such, we are committed to providing a safe and welcoming environment for all. We invite all sponsors, speakers, attendees, media, exhibitors and other participants to help us realize a safe and positive event experience for everyone.
Please be courteous and respectful to those around you and refrain from behavior that interferes with others’ ability to enjoy the Event. Refrain from demeaning, discriminatory or harassing behavior and speech. Be mindful of your surroundings and of your fellow participants. Alert event organizers if you notice a dangerous situation or someone in distress. Attendees shall comply with all requests from Festival staff regarding operational and emergency procedures. Wear your bracelet and/or badge, if one is provided to you, at all times while at the event or event venues.
Unacceptable behavior will not be tolerated whether by an attendee, media, speaker, volunteer, organizer, venue staff, partner, sponsor, or exhibitor. Anyone asked to stop unacceptable behavior is expected to immediately comply. If anyone is found to be engaging in unacceptable behavior, the event organizers may take any action they deem appropriate, up to and including expulsion from the event without warning or refund and if appropriate, involvement of local law enforcement. Unacceptable behaviors include:
- Intimidating, harassing, abusive, discriminatory, derogatory, or demeaning conduct by any attendee of the event or related event activities. Many event venues are shared with members of the public; please be respectful to all patrons of these locations.
- Physical or verbal abuse, intimidation, threats, annoyance, harassment, stalking, pushing, shoving or use of any physical force whatsoever against any person, which in any way creates a disturbance that is disruptive or dangerous, or creates apprehension in a person, as determined by the Festival and its event management, in their sole discretion.
- Possession of a weapon or any item that can be used as a weapon, which may be used to threaten or cause injury to others if used in a certain manner.
- Any destruction or vandalizing of personal property or event site or materials.
- Any boisterous, lewd or offensive behavior or language, using sexually explicit or offensive language or conduct, profanity, obscene gestures, or racial, religious or ethnic slurs.
- Possessing any open can, bottle or other receptacle containing any alcoholic beverages, except in areas specifically designated for the consumption of alcohol or being intoxicated, as determined by the Festival, in any event venue or function. Please drink responsibly.
- Possessing any illegal substance, including but not limited to narcotics, marijuana, or other illegal drugs. The Festival does not tolerate the use or abuse of illegal substances anywhere in the event venues.
- Smoking is not permitted, other than in designated areas.
- Assembling for the purpose of, or resulting in, disturbing the peace, or committing any unlawful act or engaging in any offensive behavior.
- Any other illegal activity not already covered above.
- Failure to obey any of the rules or regulations of the event venues or instructions of the event staff.