Ticketing Terms and Conditions.

PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT, WHICH IS A LEGALLY BINDING DOCUMENT, INCLUDES, AMONG ITS OTHER TERMS, RESTRICTIONS, LIMITATIONS AND CONDITIONS (INCLUDING LIMITATIONS ON LIABILITY), ASSUMPTIONS OF RISK, A NO REFUND POLICY (AND OTHER RELATED RESTRICTIONS), ARBITRATION REQUIREMENTS RELATIVE TO DISPUTE RESOLUTION AND WAIVERS OF IMPORTANT LEGAL RIGHTS.

BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS AND/OR OTHER CONDITIONS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR AGREE TO ASSUME, THE RISK(S) TO YOU SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE A TICKET, ELECT BENEFITS, UTILIZE THE SERVICES BEING OFFERED, ENTER OR ATTEND THE EVENT OR VENUE(S) AND/OR ENTER INTO THIS AGREEMENT.

1. Definitions. - For the purpose of this Agreement, the following definitions shall apply:
   1. “Bearer” shall refer to the actual Event attendee and person in possession, utilizing and/or presenting a valid ticket (including e-tickets) at any point of entry, check-in and/or at entrance gates for entry into any aspect of the Event or
   2. “Event” shall, refer to the specific FESTAC Africa 2024 activity printed on your
   3. “Event Organizers”
      1. shall refer to FESTAC Africa Festival
      2. All queries are to be directed via email to info@festacafrica.org
   4. “Purchaser” shall refer to the person who purchased a valid Ticket for any FESTAC Africa Festival 2024 activities.
   5. “Site” shall refer to
      https://festacafricafestival2024.vfairs.com/en/
      https://festacafrica.or
   6. “Venue” shall refer to country host and host city or other venue as recorded within the festival website by Event Organizers
2. License. By purchasing a valid ticket (“Ticket(s)”) or presenting a valid Ticket, Purchaser and/or Bearer respectively agree to voluntarily enter into a revocable license agreement with Event Organizers relative to the Event, and entry to the Venue shall be subject to the terms and conditions set forth herein (this “License” or “Agreement”).
3. Event Organizers may revoke this License at any time for cause, including, but not limited to, disorderly conduct, possession of contraband or a breach of this License by Purchaser or Bearer, WITHOUT ADDITIONAL NOTIFICATION OR COMPENSATION to Purchaser and Bearer, INCLUDING DENYING BEARER ACCESS TO THE VENUE.
4. Purchaser further acknowledges and agrees that this License may be subject and subordinate to a third-party master license agreement to which Event Organizers and/or certain of its affiliates may be the In such case, Purchaser and Bearer hereby agree not to contravene or frustrate the terms of such third party license agreement but instead agree to comply with the terms of such third party agreement and indemnify, defend and hold harmless the third party licensor from any and all claims arising from or relating to any violations of this Agreement by Purchaser or Bearer.

5. IF PURCHASER OR BEARER DO NOT AGREE WITH THESE TERMS OR DO NOT INTEND TO BE BOUND BY THESE TERMS, PURCHASER OR BEARER, AS APPLICABLE, SHOULD NOT PURCHASE A TICKET, UTILIZE THE SERVICES OFFERED ON THE SITE OR ENTER OR ATTEND THE EVENT.
6. No Refund Policy. TICKETS ARE NOT REFUNDABLE. Once “gates open,” Purchaser and Bearer acknowledge and agree that the Event shall be deemed to have been delivered in its entirety and NOT SUBJECT TO ANY REFUNDS, credits, rebates, future benefits or price adjustments of any kind.
   1. Cancellation of Entire Event By Event Organizers. Upon cancellation of the entire Event by and at the option, and for the convenience, of Event Organizers (“Promoter Cancellation”), Event Organizers may, in its sole and absolute discretion, elect to either (A) ISSUE A FULL OR PARTIAL REFUND TO PURCHASER OR (B) RESCHEDULE THE EVENT. For purposes of this paragraph, cancellation of an “entire” Event shall mean that no production whatsoever occurred on any of the scheduled Event dates and “gates” did not open for any of the scheduled Events dates.
   2. Cancellation of Entire Event. Upon cancellation of the entire Event due to governmental action, force majeure or for any reason other than Promoter Cancellation, including but not limited to, public health issues, pandemic, epidemic, acts of God, war, civil unrest, riots, production delays, strikes, natural disasters, inclement weather (regardless of severity), or inaccessibility or unavailability of the Venue (“Force Majeure”), EVENT ORGANIZERS MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, ELECT TO EITHER (A) ISSUE PURCHASER A FULL OR PARTIAL REFUND, (B) RESCHEDULE THE EVENT FOR A FUTURE DATE AND/OR (C) OFFER PURCHASER A COMPARABLE MAKE GOOD, as determined by Event Organizers.
   3. Partial Cancellation. Upon the cancellation of one or more (but not all) previously scheduled Event days due either to Promoter  Cancellation   or   Force Majeure, EVENT ORGANIZERS SHALL, IN ITS SOLE AND ABSOLUTE DISCRETION, ELECT TO EITHER (A) ISSUE PURCHASER A PARTIAL REFUND COMMENSURATE WITH THE CANCELLED PORTION OF THE EVENT, (B) RESCHEDULE THE CANCELLED PORTION OF THE EVENT FOR A FUTURE DATE, AND/OR (C) OFFER PURCHASER A COMPARABLE MAKE GOOD OR BENEFIT INCLUDING AN ONLINE PRODUCTION FEATURING TALENT OF A SIMILAR STATURE
   4. Delayed Venue Opening. Delayed Venue gate openings and/or Bearer’s inability to access specific parts of the Venue or Event including due to government, state, municipal or other code regulations, emergency and/or partial or complete Event or stage shutdown or evacuation, performance or Event delays and inclement weather shall NOT ENTITLE PURCHASER (OR BEARER) TO ANY REFUNDS, credits, rebates, future benefits or any price adjustments.
   5. Inclement Weather; Performance Delays. Purchaser and Bearer acknowledge and agree that inclement weather and/or performance delays are outside the control of Event Organizers and shall not constitute the basis for a refund or partial refund, rebate, credit, future benefit, or any other pecuniary or other adjustment. UNDER NO CIRCUMSTANCES SHALL PURCHASER (OR BEARER) BE ENTITLED TO ANY TYPE OF REFUND OR OTHER ADJUSTMENT AS A MATTER OF RIGHT DUE TO WEATHER, EVENT OR PERFORMANCE DELAYS OR GOVERNMENTAL ACTS, EXCEPT AS OTHERWISE PROVIDED HEREIN.
   6. Limitations on Refunds. If Event Organizers elects to issue a refund in accordance with the terms of this Agreement, the maximum Purchaser refund available shall be an amount up to the face value of the Ticket(s) only prorated or divided by the number of days that are the subject of the refund. If Event Organizers elects to reschedule the Event for a future date, NEITHER PURCHASER OR BEARER SHALL, AS A MATTER OF RIGHT, BE ENTITLED TO ANY REFUND, REBATE, CREDIT, FUTURE BENEFIT OR ADJUSTMENT UNDER NO CIRCUMSTANCES SHALL PURCHASER BE ENTITLED TO A REFUND, REBATE OR CREDIT OF ANY SHIPPING, HANDLING OR OTHER PROCESSING AND SERVICE FEES.
   7. No Special Damages; Attorney’s Fees. In the event of any dispute(s), in whatever forum, between or among Purchaser, Bearer and Event Organizers, (1) Purchaser and Bearer acknowledge and agree that neither Purchaser or Bearer shall be entitled to apply for or recover punitive, consequential or special damages of any kind, including attorney’s fees and costs (at trial and appellate levels), filing fees, hotel expenses, air travel expenses, etc. and (2) the parties agree that each shall bear 100% of their respective costs, expert fees, attorneys’ fees and other fees incurred in connection with this Agreement notwithstanding any law to the contrary entitling any Purchaser or Bearer to recover fees and costs from Event To the extent that, despite the provisions in this paragraph, an action is brought by a third party on behalf of Purchaser or Bearer in contravention of the terms or spirit of this Agreement, Purchaser and Bearer hereby expressly waive any claim to any form of monetary damages or other damages, or any other form of recovery or relief in connection with any such third party action.
   8. LEGAL NOTICE. ALL TICKET SALES ARE THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT. IF PURCHASER OR BEARER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE A TICKET, ELECT BENEFITS, ENTER THE SITE AND/OR ENTER OR ATTEND THE EVENT. IN THE EVENT OF A DISPUTE BETWEEN THE PARTIES, PURCHASER AGREES NOT TO RAISE ANY CLAIMS OR DEFENSES, INCLUDING ON GROUNDS THAT THE REFUND PROVISIONS SET FORTH IN THIS SECTION 3 ARE EITHER UNCONSCIONABLE, ILLUSORY OR UNENFORCEABLE BECAUSE THE PARTIES LACKED EQUAL BARGAINING POWER OR OTHERWISE AND PURCHASER AGREES NOT TO FILE ANY LEGAL PAPERS OR UNDERTAKE ANY ACTIONS THAT ARE CONTRARY OR INCONSISTENT WITH THE TERMS OR SPIRIT OF THIS SECTION 3 AND/OR WHICH MAY PREVENT EVENT ORGANIZERS FROM RECEIVING THE FULL BENEFITS AND PROTECTIONS CONTEMPLATED BY THE PARTIES UNDER THIS PARAGRAPH 3.

7. Service Purchaser acknowledges and agrees that the price of a Ticket(s) is comprised of the following two components, (a) the face value and (b) various other fees, some of which may relate to third-party or related-party arrangements (the “Service Fees”). When purchasing a Ticket, Purchaser shall be obligated to pay the face value of the Ticket(s) plus applicable facility fees, service charges, shipping and handling charges, customer service fees, fees associated with administration of the e-ticket program and taxes and other assessments and surcharges which shall be collected by Event Organizers or its designee. Event Organizers may be correspondingly required to collect surcharges specified in certain city ordinances and remit such surcharges to the proper city authorities. In anticipation of potential increases to the existing rate of surcharges, Event Organizers may collect surcharges that exceed the amount currently set forth in city ordinances in anticipation of paying such excess surcharge over to the proper city authorizations. If the city ordinance, however, is not amended to increase the rate of the surcharge, Event Organizers reserves the right to elect to either retain the excess surcharge collected or to instead pay over the excess to the proper city authorities (even though Event Organizers may not be required by law to do so) but in no event shall the excess surcharge be refunded or returned to Purchaser. Furthermore, Event Organizers collects the surcharge on all tickets that Event Organizers sells. However, if a Ticket is sold but not used to gain entry into the Event, Event Organizers reserves the right to elect to either retain the amount of the surcharge Event Organizers collects in connection with the sale of such Ticket or to instead elect to pay the surcharge for such ticket to the proper city authorities but in no event shall collected surcharges or any portion thereof be refunded or returned to Purchaser. By proceeding to purchase a Ticket pursuant to the foregoing terms and conditions, Purchaser is expressly agreeing to waive any and all potential rights, claims or entitlements Purchaser may have respecting surcharge fees. In the event that Event Organizers elects in its sole discretion, subject to the terms and limitations set forth in this Agreement, to refund Purchaser, Purchaser shall only be entitled to recover the face value of a Ticket, if and to the extent applicable. Service Fees shall not be refundable. Purchaser agrees to waive, release, forever discharge and covenants not to sue Event Organizers to recover Service Fees for any reason, including reasons relating to postponements, cancellations, delays, refunds and/or disputes between the parties. By proceeding to purchase a Ticket under these terms, Purchaser is, among other things, KNOWINGLY AND VOLUNTARILY WAIVING his, her or its legal rights and/or entitlements to recover such Service Fees.
8. Chargebacks
   1. Tickets Non-Refundable; No Chargebacks. Purchaser acknowledges and agrees that any and all Tickets purchased pursuant to the terms and conditions of this Agreement and/or Tickets that are the subject of an Election are entirely non- refundable, except to the extent otherwise determined in the sole and absolute discretion of Event Organizers. BY ACKNOWLEDGING AND AGREEING THAT THE TICKETS BEING PURCHASED HEREUNDER ARE ENTIRELY NON-REFUNDABLE, PURCHASER, WITH THE INTENTION OF BEING FULLY BOUND BY THESE TERMS, AGREES NOT TO INITIATE A CHARGEBACK or undertake any similar action(s) that operates, in any way, to dispute, cancel or reverse any portion of a prior and validly purchased Ticket transaction(s) if such action is in contravention of either the terms, conditions or spirit of this Agreement or if the basis for such action relates to an Event being delayed, cancelled, rescheduled (whether in whole or in part) and/or for any reason, including reasons relating to a Force Majeure, governmental action, unforeseen events, inclement weather, production issues, or otherwise (“Chargeback”). Purchaser acknowledges and agrees that by entering into this Agreement, Purchaser is voluntarily and knowingly agreeing to give up certain of Purchaser’s legal rights relating to Purchaser’s entitlement to Chargebacks or to Chargeback protections. The foregoing shall apply even if Purchaser’s Chargeback protection periods have not expired and/or even if Purchaser has other legal rights available to Purchaser respecting Chargebacks.
   2. Potential Risk. By entering into this Agreement, Purchaser knowingly and voluntarily assumes the risk of not being able to recover, reverse or recoup the Ticket charges based on an Event being delayed, cancelled, rescheduled (whether in whole or in part) and/or for any reason, including reasons relating to Force Majeure, governmental action, unforeseen events, inclement weather, production issues, or otherwise.
   3. Performance; No Penalty. Purchaser and Bearer each also acknowledges and agrees that the restrictions specified herein shall not be deemed to constitute a penalty or any other action contrary to public policy but instead are only intended to cause or induce Purchaser and Bearer to fully and strictly comply with the terms and conditions of this Agreement.
   4. Material Breach. Purchaser and Bearer each acknowledges and agrees that any violation of this provision by Purchaser or Bearer shall constitute a material breach of this Agreement entitling Event Organizers to the damages set forth in this agreement.
   5. LEGAL NOTICE. IF PURCHASER OR BEARER DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE A TICKET, ELECT BENEFITS, ENTER THE SITE AND/OR ATTEND THE EVENT.

9. Assumption of Risk; Mitigation.
   1. Lost, Stolen or Destroyed Tickets. Event Organizers assumes no legal, financial, or other liability whatsoever for any lost, stolen or destroyed Tickets. Upon delivery of Purchaser and/or Bearer’s Tickets, Event Organizers shall have no further responsibility or legal liability relating thereto. BEARER ASSUMES 100% RISK OF LOSS RELATING TO THE TICKETS. If Bearer and/or Purchaser obtain Ticket(s) from any unauthorized source(s), Bearer and/or Purchaser assumes all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit, and in all cases, SUCH TICKET(S) SHALL BE VOID AND The unlawful or unauthorized resale or attempted resale of Tickets is GROUNDS FOR FORFEITURE of such Tickets and revocation of Bearer’s License WITHOUT COMPENSATION to Bearer and/or Purchaser. This Ticket may not be used by Purchaser or Bearer for advertising, promotion (including, but not limited to, contests, sweepstakes, games and/or any other promotions), or other trade purposes without the express written consent of Event Organizers. Event Organizers also reserves the right to investigate orders suspected to be in violation of this Agreement and shall be the sole and final arbiter regarding violations or potential violations of this Agreement.
   2. Purchase of Tickets; Loss or Damage to Personal Property; Personal Injury. Bearer hereby assumes any and all risks, whether or not expressly set forth in this Agreement, as well as any risks or dangers incidental to, or in any way relating to, the Event, the purchase of tickets hereunder or use of the Site, including those arising from, or relating to, the acts or omissions of third parties (including Artists, Event attendees, Venue owners, operators, staff, employees or agents; or Event Organizers, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Bearer’s personal property and risks of personal Event Organizers and its respective Indemnitees (as defined below), designees, successors or assigns SHALL NOT BE HELD RESPONSIBLE, LEGALLY, FINANCIALLY OR OTHERWISE,
      1. (i) for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or at Venue access/entry points, or
      2. (ii) for personal injuries sustained by Bearer arising from, or relating to, the following non-exhaustive list: extremely loud sounds and special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights and fireworks, whether such injuries or manifestation of such injuries occur during or subsequent to the Bearer and Purchaser further acknowledge and agree that Event Organizers shall have NO LEGAL OBLIGATION TO MITIGATE any Bearer’s or Purchaser’s potential or actual losses sustained hereunder.
   3. COVID-19. Purchaser and Bearer acknowledge that there is an inherent risk of exposure to COVID-19 in any public place where people are present. According to the World Health Organization, COVID-19 is now a pandemic affecting many countries globally and spreads primarily from person to person through small droplets from the nose or mouth, which are expelled when a person with COVID-19 coughs, sneezes or speaks. Although Event Organizers has put in place preventive measures to reduce the spread of COVID-19, Event Organizers CANNOT GUARANTEE (AND DOES NOT GUARANTEE) that Bearer will not become infected with COVID-19, any related mutation or variant and/or any other communicable disease (“Diseases”). Upon entering the Venue, Bearer acknowledges the contagious nature of certain Diseases and Bearer nonetheless voluntarily assumes the risk that Bearer may be exposed to or infected with the Diseases by attending the Event. Event Organizers and its respective Indemnitees (as defined below), designees, successors or assigns SHALL NOT BE HELD RESPONSIBLE, LEGALLY, FINANCIALLY OR OTHERWISE, for any exposure to or infection with COVID-19 or any other Disease that may cause personal injury, illness, permanent disability and/or death. By entering the Venue, Bearer attests that
      1. (i) Bearer is not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat or new loss of taste or smell,
      2. (ii) Bearer has not been exposed to someone with a suspected and/or confirmed case of COVID-19 or other communicable diseases that is known or suspected as being highly transmittable in the 14 DAYS prior to the Event,
      3. (iii) Bearer has not been diagnosed with COVID-19, any mutation relating thereto, or with any other communicable disease that is known or suspected as being highly transmittable or, if Bearer was previously diagnosed with COVID-19, any mutation relating thereto, or with any other communicable disease that is known or suspected as being highly transmittable, has since been cleared as non-contagious by public health authorities,
      4. (iv) Bearer is not considered “high risk” when taking into account all Centres for Disease Control recommended guidelines and
      5. (v) Bearer is following all Centres for Disease Control recommended Bearer hereby acknowledges and agrees that the discovery by Event Organizers of Bearer’s violation of any of the above conditions shall correspondingly give Event Organizers the RIGHT TO IMMEDIATELY REVOKE Bearer’s License to access the Venue, and to DENY Bearer any future entry to the Event or Venue WITHOUT ANY LEGAL OR FINANCIAL LIABILITY to Event Organizers. Bearer further acknowledges and agrees that
         1. Event Organizers reserves the right to implement public health requirements in order to enhance protections at the Event and conform with public health regulators, including requirements that are not yet set forth herein, and
         2. Bearer shall comply with such public health requirements at the Event.

10. Disputes; Arbitration. Bearer and Purchaser acknowledge and agree that any disputes arising from or relating to Purchaser’s purchase of Tickets hereunder or any relationship or dispute between Bearer and Event Organizers, Purchaser and Event Organizers, Bearer and any company or person employed by or which is affiliated with Event Organizers, or Purchaser and any company or person employed by or which is affiliated with Event Organizers (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Arbitration code. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY ARE KNOWINGLY AND VOLUNTARILY GIVING UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and further acknowledge and agree that such Dispute(s) will only be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. PURCHASER AND BEARER EACH AGREE THAT NEITHER SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS OR MASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. As to Disputes, Purchaser and Bearer also agree to participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action if applicable). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered in accordance with Consumer Arbitration Rules. Purchaser agrees that arbitration is appropriate in the location specified by the event and further organiser and agrees not to raise any defences on grounds of forum non- convenient or lack of personal jurisdiction. PURCHASER AND BEARER EACH ACKNOWLEDGE AND AGREE THAT ANY COSTS ASSOCIATED WITH A DISPUTE SHALL BE SHARED EQUALLY BETWEEN EVENT ORGANIZERS AND PURCHASER AND/OR BEARER, NOTWITHSTANDING ANY RULES CONTAINED IN THE CONSUMER ARBITRATION RULES including, but not limited to, rules pertaining to filing fee limitations, mediation fees, case management fees, neutral arbitrator compensation, hearing fees, hearing room rental fees, abeyance fees, expenses, consumer clause review and registry fees, reallocation of arbitrator compensation and administrative fees, and Purchaser and Bearer each waive any fee limitations in favour of Purchaser and/or Bearer contained in the Consumer Arbitration Rules. Purchaser and Bearer further each agree not to raise any defences on grounds that this provision is void or that this provision is otherwise unenforceable.

11. Governing Law. This Agreement and all claims relating to or arising out of this Agreement or the breach thereof shall be governed and construed in accordance with the laws of The Republic of Kenya, notwithstanding any contrary choice-of-law
12. Limitations Period. IN ORDER THAT A DISPUTE BE DEEMED TIMELY, ANY ARBITRATION UNDER SECTION 8 ABOVE (OR OTHER LEGAL ACTION, IF APPLICABLE) MUST BE FILED WITHIN ONE YEAR OF ACCRUAL OF THE DISPUTE, AS ACCRUAL IS DEFINED BY GOVERNING If the arbitration is not filed within one year of the Dispute’s accrual, the Dispute is time-barred and may not be raised by way of arbitration or any other legal proceeding (including litigation). The parties to this Agreement agree that this section governs all Disputes and supersedes any statute(s) of limitations that might otherwise apply.
13. Limitation of Liability. NOTWITHSTANDING THE TERMS CONTAINED IN SECTION 3, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVENT ORGANIZERS OR ANY OF ITS SUBSIDIARIES, SPONSORS OR AFFILIATES, TOGETHER WITH THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY ATTORNEY’S FEES OR OTHER LEGAL COSTS OR DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY IN ADDITION TO THE FOREGOING, PURCHASER AND BEARER AGREE THAT, IN THE EVENT OF A DISPUTE UNDER THIS AGREEMENT AND BETWEEN THE PARTIES, INCLUDING DISPUTES RELATING TO INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, EVENT ORGANIZERS’S AGGREGATE LIABILITY SHALL BE LIMITED, IN ANY CIRCUMSTANCE, TO THE LESSER OF 10% OF THE FACE VALUE OF THE TICKET. THE FOREGOING LIMITATION SHALL NOT BE APPLICABLE TO EVENT ORGANIZERS’S GROSS NEGLIGENCE OR INTENTIONAL/WANTON MISCONDUCT. IN THE EVENT OF A DISPUTE BETWEEN THE PARTIES, PURCHASER AND BEARER EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW NOT TO RAISE ANY CLAIM OR DEFENSE THAT THE FOREGOING LIMITATIONS SET FORTH HEREIN ARE EITHER UNCONSCIONABLE, ILLUSORY OR UNENFORCEABLE BECAUSE THE PARTIES LACKED EQUAL BARGAINING POWER OR OTHERWISE AND PURCHASER AND BEARER EACH AGREE NOT TO FILE ANY LEGAL PAPERS OR UNDERTAKE ANY LEGAL ACTIONS THAT ARE CONTRARY OR INCONSISTENT WITH THE TERMS OR SPIRIT OF THIS PARAGRAPH 11 AND/OR WHICH MAY PREVENT EVENT ORGANIZERS FROM RECEIVING THE FULL BENEFITS AND PROTECTIONS CONTEMPLATED BY THE PARTIES UNDER THIS PARAGRAPH 10.

14. Indemnification. Bearer and Purchaser shall defend, covenant not to sue, indemnify, and hold harmless and forever release and discharge Event Organizers , sponsors, participants and artists, Kenya Government officials, the Venue, the Venue operator and each of the above’s respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, attorneys, authorized agents, predecessors, assigns, successors, licensees, insurers and designees (collectively “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), including those injuries set forth in Section 7 (Assumption of Risk; Mitigation), demands, suits, costs and/or claims relating in any way to the Event, the purchase of Tickets hereunder or use of the Site.
15. Disclaimer of Warranty. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EVENT ORGANIZERS GRANTS THIS LICENSE TO ENTER THE VENUE ON AN “AS IS” BASIS AND GRANTS THIS LICENSE TO PURCHASE TICKETS ON AN “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE AVAILABILITY OF TICKETS, THE PURCHASE OF TICKETS, THE BENEFITS ELECTED, THE EVENT, THE VENUE, OR THE EVENT ORGANIZERS MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES RESPECTING THE AVAILABILITY OF POTENTIAL SEATING, SITE CONFIGURATIONS, FOOD, BEVERAGE AND/OR MERCHANDISE CHOICES, VIEWING CAPACITY, FORMAT, SITE CONFIGURATION, PRODUCTION QUALITY AND/OR OVERALL PRODUCTION EXPERIENCE. TO THE EXTENT THAT EVENT ORGANIZERS PUBLISHES PROMOTIONAL, MARKETING AND/OR ADVERTISING STATEMENTS THAT APPEAR TO BE INCONSISTENT WITH THESE TERMS, ONLY THESE TERMS CONTROL.
16. Event organizer’s Ownership of Work. Bearer and Purchaser acknowledge and agree that
    1. upon acceptance of the Terms and Conditions set forth herein and purchase of a Ticket(s) and
    2. upon entry to the Event, Event Organizers or its designee(s), successor(s), or assign(s) shall have the right to use, copy, sell, distribute, record, publish, republish, print, display, publicly perform, transmit, create derivative works or incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audio-visual productions, including broadcast, re-broadcast, photographs, aerial footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Bearer’s name, image, portrait, photograph, voice and/or other likeness, without compensation or notification to, or additional consent by, Bearer.
    3. Bearer further acknowledges and agrees that Event Organizers or its designee(s), successor(s) or assign(s) shall be the SOLE AND EXCLUSIVE OWNER of any such work in connection with the Venue or Event that contains Bearer’s image, voice and/or likeness.
17. Bearer’s Conduct. Event Organizers maintains a ZERO-TOLERANCE POLICY regarding illegal or illicit drug use and other unlawful or other wrongful misconduct at and around the Event and Bearer, in order to gain entry into the Venue, hereby AFFIRMATIVELY, KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY CONSENTS TO BE SEARCHED by Event Organizers for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Bearer’s presence at the Event or Venue. Bearer hereby acknowledges and agrees that the discovery of any prohibited items shall constitute a material breach of this Agreement and a violation of Event Organizer’s policies and terms and conditions and shall correspondingly give Event Organizers the RIGHT TO CONFISCATE ANY SUCH PROHIBITED ITEM(S) and/or correspondingly give Event Organizers the RIGHT TO IMMEDIATELY REVOKE Bearer’s License to access the Venue, and to DENY Bearer any future entry to the Event or Venue WITHOUT ANY LEGAL OR FINANCIAL LIABILITY to Event Organizers.
18. Data Collection. Upon accessing and using the Site, Purchaser and Bearer acknowledge and agree that Event Organizers may AUTOMATICALLY COLLECT,  STORE   AND USE Purchaser and/or Bearer’s information, including but not limited to, IP addresses, operating systems, referring web pages, locations, mobile carriers, devices used (i.e., cell phones, laptops, tablets, among others), search terms and cookie information (collectively, the “Derivative Data”) to help Event Organizers diagnose problems and improve the Site for user experience. In order to purchase a Ticket(s), Purchaser acknowledges and agrees that Purchaser may be required to provide personal information such as, but not limited to, name, email address, mailing address, zip code, telephone number, date of birth, financial information, age verification and/or country of residence (collectively, the “Personal Information”). Purchaser acknowledges and agrees that Event Organizers may COLLECT, STORE AND USE the Personal Information for legitimate business purposes, such as, but not limited to, processing Purchaser’s payment, fulfilling Purchaser’s order, updating Purchaser with the order status, shipping and tracking information, responding to customer service requests, and providing updated information to Purchaser respecting the Event, among others. Additionally, as a condition to gain access to the Venue and attend the Event, Bearer of this Ticket hereby AFFIRMATIVELY, KNOWINGLY AND VOLUNTARILY CONSENTS to Event Organizers collecting, storing and otherwise utilizing Bearer’s ID at the Event gates or other points of check-in for legitimate business purposes and in accordance with Event organizer’s privacy policy located at FESTAC AFRICA Official Event website including Bearer’s photo, legal name, date of birth, sex, address of record, telephone number and any other personal information obtained from Bearer’s ID. IF PURCHASER OR BEARER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE A TICKET, ENTER OR ATTEND THE EVENT OR VENUE OR ELECT BENEFITS AND EXIT THE SITE.
19. Assignment. Event Organizers shall, at all times, have the right to assign or delegate any or all of its rights, titles, interests or duties under this Agreement without prior notification to, or consent by, either Purchaser and/or Bearer. Neither Purchaser nor Bearer shall have the right to assign any of their respective rights or interests in and to this Agreement without the prior written consent of Event Organizers (which consent may be withheld, delayed or conditioned by Event Organizers in its sole discretion), including any potential claims that Purchaser or Bearer may assert in relation to any Disputes arising under this Agreement. Any attempt to assign any rights under this Agreement in contravention of the terms of this Agreement shall constitute a material breach by Purchaser or Bearer and shall be void.
20. Entire Agreement, which represents the entire agreement between and/or among Purchaser, Bearer and/or Event Organizers with respect to the subject matter of this Agreement.
21. Severability. If any term or provision of this Agreement is found by a court or other tribunal of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the unenforceable provision shall not affect the otherwise valid terms, provisions, spirit of, or the whole of this Agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent, the intent and agreements of the parties set forth in this Agreement.
22. Section Headings. The Section headings used in this Agreement are for convenience only and shall not be given any legal import.