Tidal Rave Events Policy
ECHOHOUSE EVENTS POLICY
- INTRODUCTION:
ECHOHOUSE GHANA LTD is a limited liability company registered under the laws of the Republic of Ghana in the business of media, events and marketing (hereinafter referred to as ‘The Organizer’)
The Organizer operates in media, marketing and contracted and annual events including Tidal Rave where you may purchase some of our Products and Services. Below is our Policy for the attendance and participation in Tidal Rave or any of our events.
The Organizer has formulated this ECHOHOUSE EVENTS POLICY (hereinafter referred to as ‘The Policy’) to provide directions and guidelines its Events.
- DEFINITIONS:
‘Amended Policy’ means ECHOHOUSE EVENTS POLICY which has been amended. ‘Attendee’ means a person who attends the Event.
‘Creator or Creative’ means a person who carries an idea and moves with it. ‘Damage’ means a sum of money claimed or awarded in compensation for a loss or an injury
‘Event’ means any event partly or wholly organized by Echo House including Tidal Rave.
‘Force majeure’ means any breach that cannot be attributed to the Organiser, because it is not accountable by law, a legal act or according to generally accepted standards, as is set out in Article 13.
‘Legally binding contract’ means contract between two or more parties that creates certain rights and obligations between the parties that are enforceable by law. ‘Organizer’ means Echo House.
‘Participant’ means a person who takes part in the Event other than attending it. ‘Products and Services’ means, but shall not be limited to, any product including but not limited to tickets, hospitality tables, vendor stands, branded merchandise items merch or any other item or service rendered by the Organizer.
‘Professional Contracting Party’ means a professional who is agreeing to provide a specific service for the Organizer.
‘Tickets’ means an admission token that provides the Attendee/Participant the right to attend an Event. This can either be a physical paper ticket, a wearable ticket or a digital ticket. Kindly note that the purchase of a hospitality table is not an automatic waiver for the requirement of a ticket for attendance or participation in the event.
‘Third Party’ means persons or organizations not directly involved in the Event but contracted by the Organizer or present at the Event on their own accord to play a role or provide some service.
‘Vendor’ means a person or company that offers goods and services for sale at the Event.
‘Website’ means www.theechohouse.com; www.tidalravefestival.com
- REPRESENTATIONS
3.1 The Policy represents a legally binding contract with the Organizer to be agreed to prior to the purchase of our Products and Services.
3.2 By purchasing any of the Organizer’s Products and Services, you
a. Accept that you have read the Policy, you have the authority and agree to be bound by them.
b. Consent to the collection and use of your personal data in accordance with the Organizer’s Privacy Policy (as attached hereto) and, where applicable, are authorized on behalf of all persons for which any of the Organizer’s Products and Services may be purchased to disclose their personal details to the Organizer where required.
c. Represent that you are 18 years and above and, where applicable, all the Participants and Attendees on whose behalf tickets are purchased are of the appropriate age to purchase the Products and Services.
d. Accept financial responsibility for the full payment of the Products and Services.
e. Consent to your actual or simulated likeness being included in any media, at no cost or fee, be it photography, film, audio and/or audio-visual recording, to be exploited in any and all media for any purpose including but not limited to marketing and social media by the Organizer or its licensees and assignees at any time throughout the World. This includes filming by security personnel, which may be carried out for the security of Attendees and Participants or for the prevention of crime.
f. Accept that the Organizer reserves the right to make changes to the Policy and shall post the updated version on its website and/or social media platforms.
4. APPLICATION OF THIS POLICY
4.1 The Policy is applicable where a person purchases any of our Products and Services as defined above or attends an event or any portion of it with an admission ticket as defined.
4.2 In the case of a group ticket, the Policy is applicable to the person in whose name the ticket is purchased along with all the other Attendees participating in the Event by virtue of this group ticket.
4.3 The Policy is declared to be applicable prior to Participant’s purchase of a ticket.
4.4 Therefore, by purchasing a Ticket, by visiting an Event with a Ticket and/or by buying a Product and/or Service (of Third Parties) on the Website, the Participant/Attendee accepts the Policy.
4.5 The Policy also applies if the purchase of the Ticket, regardless of the manner, was acquired through a third party.
4.6 The Policy or relevant excerpts thereof, shall be referred to on the Ticket, Website and where possible or necessary, made available at various points of the venue of an Event.
4.7 The Policy applies solely to private persons and specifically exclude parties acting in their capacity as Professional Contracting Parties in relation to the the Organizer. The legal relationship between the Organizer and a Professional Contracting Party is subject to the written agreement as between the Organizer and the said Professional Contracting Party.
- AMENDMENT OR ADDITION TO THE POLICY
5.1 The Organizer is entitled to amend and/or complement the Policy with any other policy document that it finds expedient so to do. The Amended Policy will in that case be published on the Website and/or social media channels of the Organizer.
5.2 As of the date of publication, the Amended Policy will be applicable. If an amendment or addition significantly affects the rights or obligations of the Participant/Attendee, the Organizer will either notify the Participant/Attendee of the Amended Policy by way of email, public announcement on the Organizer’s Website or social media channels or by clearly bringing it to the Participant/Attendee’s attention during the Event and/or the Website.
5.3 If the Participant/Attendee visits the Event and/or purchases a Ticket or products n and/or services (of Third Parties) on the Website after amendment of or addition to the Terms and Conditions, the Participant/Attendee thereby irrevocably accepts the amended or complemented Terms and Conditions.
5.4 If the Participant/Attendee does not wish to accept the amended or complemented Terms and Conditions, the Participant/Attendee must immediately cease the the purchase of the Tickets or products and services (provided by Third ticketing Parties) and/or use of the Website and attendance of the Event without the Organizers being liable to a refund.
- PURCHASE OF TICKETS AND OTHER PRODUCTS
6.1. Tickets shall be purchased via Tidal Rave Website and 3 resellers being Hubtel, Ego tickets and Hustle Sasa.
6.2. Tickets shall generally have the following categories:
- Single General Admission – This ticket admits one and gives you access to the general festival experience which includes access to festival games, access to the festival’s experience zones, access to the vendor market and the concert;
- Squad General Admission – This ticket admits 5 individuals and gives these individuals access to the general festival experience, which includes access to the festival games, access to the festival’s experience zones, access to the vendor market and the concert;
- VIP/Cabana – VIP/Cabana purchases will be done through a dedicated Tidal Rave phone number. This package gives Attendees/Participants VIP tickets to the festival and a dedicated cabana area on either side of the festival’s main stage for priority view. Cabana holders are entitled to a number of benefits which include drinks, seating arrangements, dedicated bar staff to serve cabana holders at their seats throughout the event.
6.3. Busing – This gives attendees a ride to the festival from a converging point and back to the converging point at the end of the festival.
- ATTENDANCE OF THE EVENT
7.1 An Attendee/Participant is only allowed access to any Event operated or organized by the Organizer by showing a valid and undamaged Ticket or the requisite tag for entry.
7.2 Upon showing a valid undamaged Ticket, the Organizer shall collect the Ticket and give the Attendee the valid identification for entry into the Event. 7.3 Tickets are and remain the property of the Organizer.
7.4 The Ticket only gives the holder the right to attend the Event and access the venue. Access is given only to the first holder of the Ticket inspected at the entrance of the Event. The Organizer may presuppose that the holder of this Ticket is also the person who has a right to it.
7.5 As the holder of the ticket, the Participant/Attendee bears the risk of any loss, theft, damage, or misuse of the Ticket. The Ticket is only supplied once and to replace it, the prospective attendee must make a repurchase.
7.6 There is no maximum number of tickets that can be purchased, however, the Ticket can only be resold, if necessary, at the same price set by the Organizers. 7.7 The burden of proof as to the validity of the ticket rests on the prospective Attendee.
7.8 The Ticket may consist of a barcode provided to the Attendee via electronic communication (e-mail). In the event the Attendee has chosen to receive the Ticket in this manner, the Attendee must ensure that the Ticket can be provided by electronic communication and that it can be provided in a safe manner.
7.9 Scanning the Ticket from a mobile device of the Attendee is done at the sole risk of the Attendee. Organiser cannot be held liable in the event the Ticket cannot be scanned and the Attendee is not entitled to a refund of the amount of the Ticket and/or compensation in this case.
7.10 The Organiser may appoint an authorized resale platform for Tickets for the Event, which could be an online secondary ticket marketplace.
Reselling Tickets on any sales channels other than the ones appointed by the Organiser is strictly forbidden. Access to the Event may be refused for an Attendee holding a Ticket purchased from an unauthorized source. The Organiser cannot be held liable nor can any damages be claimed resulting from the sale or purchase of a Ticket (including the validity of a Ticket) for the Event via any unauthorized sales channel.
7.11The Attendee who transfers on his Ticket to a third party, is obliged to impose on the one to whom he transfers the Ticket the obligations that rest on him as an Attendee, as reflected in the Policy. The transferor remains responsible vis-à- vis the Organizer for the compliance of the third party with the same obligations.
7.12 Where an Attendee does not comply with his obligations as reflected in the preceding paragraphs and/or cannot guarantee them, the Attendee will forfeit to the Organiser an immediately payable penalty of GH¢ 2000.00 per violation and GH¢ 500.00 for each day that the violation has continued or continues, without prejudice to the Organiser’s additional right to demand compliance from the Attendee and/or compensation of loss suffered or to be suffered.
7.13 Should the Attendee not comply with the provisions of the Policy, the Organiser is entitled to invalidate/cancel the Tickets or refuse the Attendee (further) access to the Event without the Attendee being entitled to reimbursement of the amount that he has paid the Organiser for the ticket or penalty for non-compliance. The holders of any such Tickets will be denied entry to the Event, without any right to compensation.
7.14 The Organiser is entitled to search or arrange for Attendees to the Event to be searched before entering and/or during the Event. If the Attendee refuses to be searched, he may be refused entry to the Event or may be immediately removed from the Event, without any right to a refund on the Ticket.
7.15 Cameras may be available at the event that make recordings of the area/the venue where the Event takes place, for the purpose of media as well as surveillance and safety.
- PROHIBITED ITEMS
In order to ensure the safety of all Attendees, Participants and Artistes at the Event, the following items are banned from the Event:
8.1 Firearms and weapons;
8.2 Knives and sharp objects;
8.3 prohibited drugs and substances.
8.4Outside food and beverages
8.5 Pets
8.6 Professional cameras and recording equipment
8.7 Drones
8.8 Fireworks and Explosives
8.9 Any item that can be used as a projectile
8.10 Any item aside the above stated which has the propensity to cause harm or jeopardize the Event and its Attendees/Participants.
- PROHIBITED BEHAVIOR/ACTIVITIES, REFUSAL OF ENTRY AND REMOVAL FROM EVENT
9.1 Attendees/Participants are expected to behave responsibly, respecting other Attendees/Participants, the venue and its property and the event staff. 9.2 Any inappropriate or disruptive behavior may result in removal from or refusal to enter the Event.
9.3 Prohibited behavior includes but is not limited to:
- Disruptive conduct.
- Harassment of any form, including but not limited to sexual harassment, racial harassment or bullying.
- Damage of property including Event property, the venue facilities, equipment and personal belongings of other Attendees/Participants at the
Event. The culprit shall be liable to pay for such property or indemnify or reimburse the Organizers accordingly
- Unauthorized solicitation
- Unauthorized access
- Theft
- Aggressive behavior
- Handling of firearms and weapons
- Any other behavior that the Organizer deems inappropriate or detrimental to the smooth running of the Event and for the safety of other Attendees/Participants.
9.4 The Attendee/Participant is obliged to comply with the Policy and any amendments hereto made and the instructions of the Organiser and other authorised parties. Security cameras may be present at the Event venue. If the Attendee/Participant fails to comply with an order or breaches a rule prohibiting certain behaviour, he will be immediately removed by security personnel.
9.5 Specific rules may apply to the site or venue of the Event and will be announced or published on site.
9.6 The Organiser reserves the right to refuse specific people entry or further access to the Event or to remove them from the Event and/or hand the Attendee/Participant over to the police/security if it deems this necessary for maintaining public order and safety of other Attendees/Participant during the Event and/or there is a violation of a provision in the Policy.
- FILM, PHOTO/VIDEO IMAGES AND SOUND RECORDING
10.1 Recording the Event in a professional and/or commercial form, including photographing, filming (including drones), making sound and/or image recordings, as well as reprinting and/or copying from the programme booklet, posters and other printed materials is not permitted without the express, prior and written consent of the Organiser.
10.2 The Organiser is for commercial purposes authorised to make or arrange for images, video recordings and/or sound recordings to be made of the Event and the Attendees/Participants to the Event, and to reproduce and/or publicise or arrange for the publication of these recordings in any form and in any manner. By obtaining a Ticket to the Event and/or entering the Event venue, the Attendee/Participant unconditionally consents to the aforementioned recordings being made and to the processing, publication and use thereof, in the broadest sense, without the Organiser or any of its affiliated companies being liable to pay any compensation to him/her at any time.
10.3 The Attendee/Participant hereby irrevocably renounces any interest that he/she could have in the aforementioned recordings. Insofar as the Attendee/Participant has any copyright or Intellectual Property rights to the aforementioned recordings, he hereby unreservedly assigns these rights to the Organiser and hereby irrevocably renounces his personality rights and/or will not invoke these rights. In the event this transfer is not legally valid in advance, the Attendee is obliged at first request of the Organiser to give written notice of said permission and/or sign a deed of transfer to transfer these rights for free to the Organiser.
- OWN RISK / LIABILITY
11.1 Attendees/Participants enter the Event venue, which may include any car park, stage floor and shuttle buses that are used to transport Attendees/Participants to the Event’s entry point and attend the Event at their own risk. The Organiser cannot be held liable for any damage which an Attendee/Participant has suffered in this regard.
11.2The Organiser cannot be held liable for damage, theft and/or loss of properties of the Attendee/Participant at the Event venue or its surroundings. Attendees are advised to keep their belongings secure at all times.
11.3The Attendee is expressly aware that loud music and potentially bright lights will be played and used during the Event. Organiser accepts no liability for hearing loss, damage to sight, blindness and/or other bodily injury and/or damage of goods, such as but not limited to clothing, whether or not brought by other Attendees/Participants to the Event.
11.4The Organiser is solely liable for damage to the Attendee resulting from negligence or a shortcoming attributable to the Organiser. The total liability of Organiser is always limited to the compensation for the reasonable, demonstrable and direct out-of-pocket damage and costs of the Attendee/Participant provided that this liability is always limited to the amount covered by the legal liability insurance of the Organiser.
11.5Liability of Organiser for indirect damage perceived as a result of attending the event, including consequential loss, intangible damage, loss of profits, lost savings and / or damage due to company stagnation is excluded.
11.6An Attendee/Participant that has suffered damage directly attributable to the Organizer is obliged to report such damage to the Organiser within 48 hours of the Event via the email address provided in the Organizer’s contact information and details below.
11.7In the event the Organiser directly or indirectly engages subordinates, non subordinates, assistants, third parties or other persons for the performance of an agreement in pursuance of the organization of the Event, and any of the persons here listed act outside of the authority given them resulting in any damage, said person shall be personally liable for the damage caused to an Attendee/Participant. The Organizer would only be liable where such person is able to prove that he/she acted within the scope of their authority.
11.8The Attendee/Participant shall indemnify the Organiser for all claims of third parties in respect of damages for which the Attendee/Participant is liable against such third parties under the law. The Attendee shall compensate Organiser for any damage, including all legal costs incurred by Organiser, resulting from any claim from those third parties.
- PROGRAMME
12.1. Programmes shall differ from each Event organized by the Organizer. Each Event’s programme shall be outlined on the Organizer’s website as and when they are organized.
12.2. The Organiser will aim for the Event programme to be carried out in accordance with the announced schedule as far as possible. The Organizer is however not liable for deviations from this schedule and any resultant damage to Attendees/Participants for such deviation.
12.3. The Organiser is not liable for the content of the Event programme or how it is performed, expressly including the length of the programme/performances by artists. The starting time mentioned on the Ticket is subject to change.
- FORCE MAJEURE
Notwithstanding its possible other rights, the Organiser is entitled in case of force majeure to postpone the performance of any agreement or to terminate it out of court, without being liable to pay any compensation.
- CANCELLING OR MOVING THE EVENT IN CASE OF FORCE MAJEURE 14.1.In case of force majeure in the broadest sense, which in this regard also includes (but is not limited to) the illness and/or withdrawal of the artist(s), strikes, pandemics, terrorist threat, decision to cancel by the competent authority, fire, bad weather conditions, etc., the Organiser will be entitled to move the Event to another date or location or to cancel the Event. 14.2. The Organiser will not be responsible for damage arising from moving or cancelling the Event, as referred to above. If the Event is moved or cancelled, as referred to above, the Organiser will publicise this fact as far as possible in the manner that it deems appropriate, including among others through mentioning the applicable terms for a refund, in the case of cancellation, on the appropriate channels.
- REFUNDS
15.1.Each sale of any of the Organizer’s Products and Services is final. 15.2. No exchanges or refunds will be provided for Tickets purchased unless under circumstances expressly set out in the Policy. Refunds on Tickets will only be issued if the Event is canceled by the Organizers and in such event, Attendees will be notified of the refund procedure.
15.3. The Organiser is only obliged in case of full cancellation to partially refund the admission fee being the price of the Ticket.
15.4. Where the Organizer needs to make a refund to an Attendee/Participant per the forgoing, the Organizer shall:
- Notify event Attendees/Participants through the Organizer’s known channels
- Offer alternative events/future events (which they can waive) • Offer full or partial refunds (based on incurred expenses)
- Prioritize early buyers and pay in batches
- CONDITIONS FOR AGREEMENTS WITH THIRD PARTY VENDORS AND STANDHOLDERS
16.1. The Attendee/Participant may be offered products and/or services at the Event by Third Party vendors and/or standholders, such as food or beverages, merchandise items or other products such as sunglasses or clothing etc. Although the Organiser chooses these Third Parties with care, the Organizer is not a party to any agreement between the Attendee/Participant and the Third Party.
16.2. If the Attendee/Participant decides to purchase the products and/or services offered by Third Parties, the Attendee/Participant will enter into a (purchase) contract with the Third Party concerned and the terms and conditions of this Third Party may be applicable. The Third Party concerned is then liable for the performance of any obligation with respect to the Attendee/Participant.
16.3. The Organiser will not be liable under any circumstances for any damage arising from the purchase or procurement of a product or service by the Attendee/Participant.
16.4. The Attendee/Participant indemnifies the Organiser against any claim for costs or damage that may arise from an agreement between him/herself and the Third-Party vendor or stand holder. Any applicable terms and conditions of the Third Party may be requested from this third party.
- PERSONAL INFORMATION
The Organiser uses personal information of its clients and visitors of the Website according to its privacy notice and in accordance with the Data Protection Act of the Republic of Ghana.
- INTELLECTUAL PROPERTY RIGHTS
18.1.Everything that is made available on the Website, social media and during the Event or which belongs thereto, including music files, artists’ names, label names, streamings, downloads, software, designs, drawings, logos and trademarks forms part of the intellectual property of the Organiser or any licensor thereof by law or on the basis of an agreement.
18.2. The visitor of the website must recognise these Intellectual Property rights at all times and observe and comply with all restrictions placed on the use of protected works by law. Nothing in these Terms and Conditions is meant to transfer, or to provide a license of, any intellectual property rights to the visitor of the website.
18.3. The provisions of the Copyright Act and other intellectual property laws of the Republic of Ghana apply fully at all times to any use.
18.4. If it is established that a of the website has breached the statutory rules, the Organiser is within its rights to inform the entitled party hereof, which can then institute legal action against the visitor of the website.
- REPLACEMENT CLAUSE
19.1. If and insofar as any provision of these Terms and Conditions is inconsistent with any of the laws of the Republic of Ghana, such inconsistency will not affect the other provisions of these Terms and Conditions.
19.2. The particular provision will cease to exist and be replaced by a provision that approximates the original one as closely as possible as regards content and nature and which is permitted by law.
- APPLICABLE LAW AND JURISDICTION
The Laws of the Republic of Ghana shall be the applicable law for the Policy.
- ALTERNATIVE DISPUTE RESOLUTION
In the event of a dispute arising out of these terms and conditions, the aggrieved party may contact the Organizers using the contact information below to explore resolution of the dispute through mediation with an unbiased mutually agreed on Mediator.
- CONTACT INFORMATION
The Organizer may be contacted through the following:
Official Contact Person – Bright Ayaaba
Telephone Number – 0500000175
Email Address – info@theechohouse.com