SOMEWHERE MUSIC FESTIVAL EVENT TERMS AND CONDITIONS

Effective Date: July 14, 2026

As a condition of being allowed entry to and participation in the Somewhere Music Festival (the “Event”), produced and organized by Somewhere Events, LLC, and/or any of its affiliates (collectively, the “Organizer,” “we,” or “us”), scheduled for September 25 - 26, 2026, located in Downtown Wichita, Kansas, along St. Francis Street, 650 E 2nd St N, Wichita, KS 67202, USA (the “Venue”), the person purchasing the ticket (the “Purchaser”) and the person holding the ticket (the “Ticket Holder”) agree to comply with any and all rules, regulations, terms, and conditions of Organizer and of the Event, including but not limited to all of the terms outlined in this document. References herein to “You” or “Your” shall refer to Purchaser and Ticket Holder, as applicable, and references herein to “Ticket Holder” shall include Purchaser.

The terms and conditions (these “Terms and Conditions”) set forth herein apply to the Event and to any other Event-related websites and web pages operated by Organizer (the “Sites”). By purchasing or using a ticket on the Universe ticketing page, attending the Event, or entering any Event facility, venue, or premise (including without limitation, the Venue), Ticket Holder acknowledges having read these Terms and Conditions, understands their meaning and legal implications, and agrees to be bound by them.

PLEASE PAY ATTENTION TO ALL DETAILS OF THE TICKET DESCRIPTIONS PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED TICKETS.

In consideration of being allowed to be a willing and voluntary attendee at the Event, You hereby understand, acknowledge, and agree to the following:

ARTICLE 1: THIRD-PARTY TICKETING PLATFORM DISCLOSURE

1. Universe, Inc. (“Universe”), a Delaware corporation, is the exclusive third-party ticketing platform and service provider processing ticket sales on behalf of Somewhere Events, LLC for this Event. Tickets for the Event are sold exclusively through Universe’s online platform (accessible via the Organizer’s “passes” tab at the official Event website). Universe provides ticketing technology, payment processing, and customer support services related to the sale of tickets only.

2. TICKET HOLDERS AND PURCHASERS ACKNOWLEDGE AND AGREE THAT UNIVERSE IS ACTING SOLELY AS A TICKETING AGENT AND PLATFORM PROCESSING SALES ON BEHALF OF SOMEWHERE EVENTS, LLC. SOMEWHERE EVENTS, LLC IS SOLELY RESPONSIBLE FOR THE EVENT ITSELF, INCLUDING WITHOUT LIMITATION ALL ASPECTS OF EVENT PRODUCTION, OPERATIONS, ARTIST PERFORMANCES, SECURITY, VENUE CONDITIONS, AND COMPLIANCE WITH APPLICABLE LAW.

3. Universe’s own terms of service (available at https://universe.com/terms) govern the ticketing transaction and payment processing. In the event of any conflict between Universe’s terms and these Terms and Conditions with respect to the Event experience, festival operations, or attendee conduct, these Terms and Conditions shall control.

ARTICLE 2: YOUR TICKET AND TERMS OF SALE

1. ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES WILL BE GRANTED FOR ANY REASON. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH ANY PURCHASED TICKET IS RESCHEDULED OR CANCELLED, NEITHER THE PURCHASER NOR THE TICKET HOLDER SHALL BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW OR OTHERWISE DETERMINED BY ORGANIZER IN ITS SOLE DISCRETION. IF THE EVENT IS RESCHEDULED, THE TICKET HOLDER SHALL HAVE THE RIGHT TO USE THE TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME. IF THE EVENT IS CANCELLED (AND NOT RESCHEDULED), ORGANIZER WILL ESTABLISH POLICIES AND PROCEDURES FOR PURCHASED TICKETS AT THE TIME OF CANCELLATION.

2. Your Ticket bears no cash value and is not redeemable for cash. Tickets are not subject to exchange except as expressly provided herein. If issued as a complimentary ticket, the Ticket is not exchangeable or redeemable for another ticket to or for any other event or performance or for any other consideration, present or future, monetary or otherwise. PURCHASER AGREES TO NOT FILE A CHARGEBACK OR ANY TYPE OF PAYMENT REVERSAL FOR ANY REASON. There are no replacements for Tickets lost, stolen, destroyed, or damaged, and You unconditionally accept the risk of damage to, loss of, and/or theft of Your Ticket. Tickets should be kept in a safe place at all times. It is unlawful to copy, duplicate, or otherwise reproduce any ticket in any form.

3. To ensure that Your Ticket is valid, purchase Your Tickets from Universe, Inc. (“Universe”) via the official Organizer website. Tickets obtained from unauthorized sources and sales channels (e.g., scalpers) may be forged, counterfeit, and worthless. In no event will forged tickets be honored or eligible for a refund, and Organizer is not responsible for any loss or inconvenience caused by any unauthorized duplication of a ticket. In the event duplicate copies of a ticket are presented, Management (defined below) reserves the right to refuse entry to the Event for all persons presenting such duplicated tickets.

4. In purchasing tickets, You may be directed to the Universe third-party ticketing platform. ORGANIZER IS NOT RESPONSIBLE FOR ANY TECHNICAL ISSUES, OUTAGES, OR ERRORS ON UNIVERSE’S PLATFORM. You should review any applicable terms on the Universe platform and make whatever investigation You feel necessary or appropriate before proceeding with any online transaction.

5. The terms of sale of each ticket issued pursuant to a transaction initiated on this website or Universe’s website are subject to any and all terms imposed by Organizer, including without limitation Organizer’s refund and Event cancellation policies. In order to be admitted to the Event, each attendee must present the ticket in its original, undamaged, unaltered form, to the Venue at the appropriate time.

6. You shall not purchase more than eight Tickets, regardless of whether such Tickets are purchased in one or more transactions. In such event, the Organizer may void Your purchase.

7. If Purchaser is obtaining tickets for, or providing any tickets to, any other person(s), the Purchaser recognizes that they are acting as that person’s agent in obtaining the tickets, and due to this agency relationship, Purchaser agrees to these Terms and Conditions on behalf of any person (including, without limitation, any Ticket Holder) to whom Purchaser delivers any of the tickets they have obtained, and the Purchaser shall notify any such person of these Terms and Conditions when they deliver a ticket to that person. If Ticket Holder has obtained a ticket from another person, Ticket Holder agrees to these Terms and Conditions when the ticket is delivered to them.

8. You must submit Your Ticket for validation upon entry into the Event.

9. Tickets may not be resold without prior explicit permission from the Organizer. Tickets which appear to have been resold without permission from the Organizer will not be honored or subject to a refund. The resale, attempted resale, or purchase of Your Ticket at a price higher than the official purchase price from Universe, or other Organizer-authorized sale channels, is grounds for seizure and cancellation of Your Ticket without refund or other compensation. The only valid tickets are those purchased and/or redeemed through Universe or other Organizer-authorized sale channels listed on the official Organizer website.

10. Tickets may not be used in association with any giveaway, sweepstakes, contest, or similar activities, including, but not limited to, as a prize or incentive, without the Organizer’s prior written consent. Any Ticket so used will automatically become void at the Organizer’s sole discretion with no refund to You and/or the Ticket Holder.

ARTICLE 3: ENTRY REQUIREMENTS

1. The Event is open to attendees of all ages. However, some areas or activities within the Event grounds may be restricted to certain age groups. All children require a valid pass for entry.

2. In order to enter the Event, You must have Your own valid Ticket or pass. One Ticket is required per attendee and will only be valid on the day or days of the Event and areas of the Event as indicated on the Ticket. Ticket tiers include General Admission (GA), VIP, Somewhere Deck, and Somewhere On Stage, each with designated privileges as described on the official Event website.

3. You must present valid identification upon request by Management or Event security personnel. The following original forms of identification are acceptable: government-issued passport, driver’s license (U.S.), military identification card, or government-issued identification card (U.S.).

4. By entering the Event, You assume all risk and/or danger incidental to the Event, whether occurring prior to, during, or subsequent to the Event, including, but not limited to, any death, personal loss, damage, or liability. You understand that Your use of Your Ticket is contingent upon Your voluntary assumption of all risk and danger incidental to Your presence at the Event, whether occurring prior to, during, or after the Event, including any acts or omissions of the Organizer.

5. You acknowledge and understand that the Ticket is a revocable license to attend the Event for which it was issued, which is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations, and for any other action taken by You in violation of any local, state, or federal law, or that may endanger other ticketholders. Re-entry is prohibited, unless Your re-entry is approved in advance by Management and You are escorted by Event staff or security personnel.

ARTICLE 4: MINOR AND GUARDIAN CONSENT

1. Because the Event is advertised as an all-ages event, a parent or legal guardian who purchases a ticket for, accompanies, or otherwise permits a minor (any person under 18 years of age) to attend the Event thereby agrees to these Terms and Conditions on behalf of both them and the minor.

2. By purchasing a ticket for a minor, accompanying a minor to the Event, or otherwise permitting a minor to attend the Event, the parent or legal guardian accepts full responsibility for the minor’s compliance with these Terms and Conditions, including without limitation the assumption of risk, release of liability, indemnification, code of conduct, and consent to medical treatment provisions set forth herein, to the fullest extent permitted by applicable law.

3. The parent or legal guardian acknowledges that they have read and understand these Terms and Conditions in their entirety and agree that these Terms and Conditions shall be binding upon the minor as if the minor were an adult Ticket Holder. The parent or legal guardian further agrees to indemnify and hold harmless the Released Parties (as defined in Article 11) from any and all claims arising out of or related to the minor’s attendance at or participation in the Event.

ARTICLE 5: PROHIBITED AND ACCEPTED ITEMS

Prior to the Event, Organizer will provide You with a list of permitted and prohibited items. This list is subject to change at the sole discretion of Organizer. It is Your responsibility to review this list prior to the Event. You agree to comply with all local, state, or federal government laws and/or venue or facility rules, including without limitation any rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, and other prohibited items from being brought into any Event facility, venue, or premise (including without limitation, the Venue).

The following items are PROHIBITED at the Event:

•  Flags

•  Posters larger than 8.5” x 11”

•  Umbrellas

•  Folding chairs

•  Lawn chairs

•  Cups/containers of any kind (excluding refillable water bottles)

•  Glass containers

•  Backpacks

•  Illegal drugs / drug paraphernalia

•  Weapons of any kind

•  Chains / chain wallets

•  Alcohol, outside drinks, or outside food

•  Fireworks

•  Face masks (except medical-grade masks provided on site)

•  Unauthorized flyer and handbill distribution


The following items are ACCEPTED at the Event:

•  Clear bag (or bag provided by the festival)

•  Valid identification

•  Hat

•  Sunglasses

•  Sunblock

•  Cell phone

•  Disposable camera

•  Digital and film camera (non-professional)

•  Insulin or other necessary prescription medicine/equipment


Only clear bags are permitted within the festival grounds. Strollers are permitted outside of the music stages only; strollers are not permitted at or near music stages. Outside food and drinks are not permitted inside the festival grounds; food and beverage options are available for purchase within the Event. With the exception of service animals, pets are not allowed at the Event.

For any questions on permitted or prohibited items, contact Us at info@movementmusick.org

ARTICLE 6: EVENT CHANGES AND FORCE MAJEURE

1. For safety reasons, Organizer reserves the right to, without any prior notice or compensation to You: postpone, cancel, interrupt, or stop the Event; provisionally keep visitors on the Event site at the end of the Event; totally or partially vacate the Event site; and deny access to the Event site regardless of the possession of a valid entry ticket. THE EVENT IS A RAIN OR SHINE EVENT.

2. EVENT DATE AND TIME SUBJECT TO CHANGE. SCHEDULED EVENTS, PERFORMANCES, ARTISTS, AND TIMES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL RIGHTS RESERVED. The Event features multiple performances and artists. Nothing contained herein is intended to be, nor shall it be construed as, a right or guarantee to specifically attend any particular act on any particular date to be performed by any particular artist. Management makes no guarantee that any Ticket Holder will be able to attend every performance or see any particular act or artist.

3. Organizer is not liable for acts of God, acts of nature, weather conditions, fires, floods, lightning, earthquakes, hurricanes, tornados, storms, windstorms, washouts, nuclear reaction, radioactive contamination, strikes, labor shortages, stoppage, disturbances or disputes, protests, war, explosion, riots or civil commotion, insurrections, terrorism, acts of public enemies or other hostilities, threats of bombs or similar interruptions, vandalism, accidents, collision, equipment or machinery breakage, epidemic, pandemic, widespread plague or disease (including without limitation communicable or infectious diseases, bacteria, virus, or other pathogens), travel bans or restrictions, quarantine restrictions, considerations of the safety of, or property damage to, any Event venue, facility, or premise (including, without limitation, the Venue), sanctions, acts, orders, rules, regulations, or restraints (whether valid or invalid) of any governmental or quasi-governmental entity or agency (whether international, domestic, federal, national, state, or local), or any official acting under color of authority, or any other acts, matters, or things, whether or not of a similar nature, which are beyond the control of Organizer. Unless otherwise agreed by Organizer in its sole discretion, tickets are non-refundable even if the Event is terminated early or canceled, or entry conditions are modified, due to governmental regulation, the failure to obtain required governmental permits, any conditions beyond Organizer’s control, or any force majeure event described above. Management reserves all rights not expressly granted to the Ticket Holder by these terms.

ARTICLE 7: SEARCH AND SECURITY

1. Ticket Holder may be refused entry for various reasons. Management reserves the right to refuse admission to or eject any person whose conduct is deemed by Management, at Management’s sole discretion, to be undesirable, including, without limitation, misconduct, disorderly conduct, disruptive conduct, intoxication, violent or aggressive behavior, use of vulgar or abusive language toward Event staff or other attendees, possession of prohibited items, or failure to follow Management or venue or facility rules and directions. Undesirable conduct of any of the types expressly listed herein will automatically terminate this license and all rights of the Ticket Holder. The exercise of Management’s ejection rights hereunder does not entitle the Ticket Holder (or Purchaser) to a refund of the ticket price or any part thereof. The ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at Management’s discretion.

2. Ticket Holder and Ticket Holder’s belongings will be searched upon entering the Event site. All objects brought onto the Event site may be searched, including, but not limited to, clothing, luggage, and other personal items in order to detect prohibited items, objects that may, or may be used to, disrupt the course of the Event, jeopardize the safety of other ticket holders, or disturb the peace. Ticket Holder consents to such searches and waives any related Claims that might arise against any Released Parties. If the Ticket Holder elects not to consent to such searches, the Ticket Holder will be denied entry into the Event.

3. Access to the Event site is PROHIBITED and refused to, but not limited to, people who:

•  Are under the influence of drugs or any other illegal substances;

•  Are clearly suffering from alcohol intoxication which, in Event staff’s sole discretion, has caused them to be in an impaired state;

•  Have been previously banned from other festivals and/or other events by the Organizer, the administration, or legal authorities;

•  Are demonstrating an intent to disturb the peace or to provoke someone else to do so;

•  Engage in fighting or disruptive behavior;

•  Wear clothing with obscene or indecent language;

•  Resist the direction of and search by Management or Event security services;

•  Refuse to declare and forfeit objects that are prohibited, as set forth herein;

•  Distribute flyers or posters on or near the Event site; or

•  Act in violation of the provisions of one or more articles of these regulations or in the spirit thereof.

4. Management reserves the right to confiscate objects in its sole discretion. Given the volume of attendees, it is not guaranteed that confiscated objects will be returned to You.

ARTICLE 8: CODE OF CONDUCT

1. At the Event, it is forbidden to:

•  Try to access or be in sections restricted to certain ticket holders unless in accordance with Your Ticket or credentials, such as VIP zones, Somewhere Deck, Somewhere On Stage areas, production rooms, artists’ areas, press rooms, offices, backstage, and working areas.

•  Climb tents, constructions, fences, closures, lighting columns, tables, benches, or any other infrastructure of the Event site.

•  Obstruct entrances, exits, and evacuation routes and/or linger at these locations any longer than strictly necessary for entering or exiting the site.

•  Wear a disguise or obstruct Your face to avoid being recognized.

•  Display or make texts, symbols, images, gestures, wear clothing or articles of dress which, in the sole discretion of Management, Event staff, or security personnel, contain and/or display language and/or images which are obscene, racist, xenophobic, provocative, or discriminatory.

•  Be under the influence of drugs or any other illegal substances.

•  Disturb the peace, demonstrate an intent to disturb the peace or provoke someone else to do so, or compromise the safety of the general public.

•  Sell drinks, food, or any other product without the express consent of the Organizer.

•  Throw or shoot any object or liquid or throw or shoot any other product in loose or gaseous form.

•  Urinate in public.

•  Re-enter the Event after being removed or banned from the Event, even if You are in possession of a new Ticket (such Ticket will not be refunded).

•  Deface, mark, damage, tear down, or otherwise destroy, in whole or in part, any of the decorations or part of any Event facility, venue, or premise (including without limitation, the Venue).

•  Litter or fail to maintain the cleanliness of the Event site.

•  Resist the direction of, and search by, Management or Event security personnel.

2. You must heed the directions of Management and Event security personnel at all times whilst on the Event site or any Event facility, venue, or premise (including without limitation, the Venue). If You fail to comply with such directions, You will be removed, and, if necessary, Management or Event staff may call on the police for assistance.

3. The Organizer has a zero-tolerance policy regarding illegal drugs. It is forbidden to use, distribute, sell, and/or to be in possession of drugs on the Event site. Your use of the Ticket is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons, objects that may disrupt the peace or jeopardize the safety of other ticket holders, and/or other prohibited items prior to Your admission to the Venue and/or at any time thereafter. If any of these items are found, the license for admission shall be immediately revoked, such items will be seized by security personnel and forfeited by You, or You will be immediately removed from the Event. Notwithstanding the foregoing, You are permitted to bring into the Event necessary prescription medications if You have a valid prescription with Your name clearly listed on the prescription. You will only be allowed to carry the dosage of medication required for the duration of the Event.

ARTICLE 9: RECORDINGS AND INTELLECTUAL PROPERTY

1. Ticket Holder acknowledges that “Somewhere Music Festival,” “Somewhere Fest,” and all logos and symbols associated therewith and with the Event are trademarks owned by Organizer, and that Organizer has the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by Organizer, including any likenesses, drawings, and representations of the Event (collectively, “Event Intellectual Property”).

2. WITHOUT THE PRIOR WRITTEN CONSENT OF ORGANIZER, TICKET HOLDER UNDERSTANDS THAT SUCH PERSON MAY NOT USE ANY EVENT INTELLECTUAL PROPERTY OR EVENT IMAGERY (DEFINED BELOW) IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES OR HAVING ADS RUN ON OR BESIDE SUCH EVENT IMAGERY ON SHARING WEBSITES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, UNLESS THE USE IS AUTHORIZED IN WRITING BY ORGANIZER.

3. By entering the Event, Ticket Holder agrees to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Ticket Holder may only use Event Imagery for “Personal Use,” defined to include: (a) sharing with friends and family; (b) displaying on personal websites (as long as the website does not sell any product or service, does not have ads run on or beside such Event Imagery, and does not purport or appear to be an official website of the Event or Organizer); and (c) displaying on social networking websites (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner, does not have ads run on or beside such Event Imagery, and the social media account is not affiliated with any commercial enterprise). Non-professional grade small video cameras and cameras are allowed at the Event site.

4. TICKET HOLDER UNDERSTANDS AND ACCEPTS THAT TICKET HOLDER MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM ORGANIZER, OTHER THAN PERSONAL USE AS DEFINED ABOVE. Ticket Holder understands that Ticket Holder has no right to sell, transfer, license, sublicense, or give Event Imagery to any other party, except for Personal Use, and agrees to inform anyone to whom Event Imagery is given that it can only be used for Personal Use.

5. Ticket Holder acknowledges that people, including Management, will be using film, video, and photographic cameras at the Event, and that the Ticket Holder’s image, voice, likeness, and/or appearance (collectively, “Personal Likeness”) may be captured or embodied in a fixed medium of some fashion, including, but not limited to, photographs, film, video, recordings, audio tapes, digital images, digital audio, or other video or audio recordings taken or made of Ticket Holder during the Event (collectively, as the same may be modified, adapted, altered or the like, the “Event Materials”), that may subsequently be displayed or disseminated without Ticket Holder’s consent or payment of compensation to Ticket Holder, and the Ticket Holder releases each of the Released Parties from any liability due to such capturing, display, or dissemination. By attending the Event, Ticket Holder consents to being filmed and or photographed and consents that Ticket Holder’s Personal Likeness and the Event Materials may be used by the Organizer and Management and/or by other participants or attendees, without compensation to Ticket Holder, for any purpose in any media (now known or hereafter devised) throughout the world in perpetuity.

6. Ticket Holder hereby grants Organizer, Management, and their respective parent, subsidiary, and affiliated companies, assignees, licensees, owners, officers, directors, partners, managers, board members, shareholders, insurers, agents, staff, employees, volunteers, contractors, and representatives an irrevocable, non-exclusive, royalty-free license to use the Event Materials and/or the Event Imagery taken by Ticket Holder in connection with the Event and/or any derivatives of, successors to, and/or events, companies, productions, and/or projects affiliated with the Event or the Organizer (collectively, “Event Projects”), in all media, whether now known or hereafter devised, throughout the universe, in perpetuity. Such rights include, without limitation, the right to use the Event Materials and/or the Event Imagery, in whole or in part, in and in connection with (a) the development, production, and/or other exploitation of any Event Project, as well as all allied, ancillary, subsidiary, and derivative uses and versions of the Event and/or any Event Project, and (b) advertising, marketing, promotion, and publicity in connection with the Organizer, Management, the Event, Event Projects, Event Materials, and/or Event Imagery, and/or any or all allied, ancillary, subsidiary, and derivative uses of the foregoing, in all media, whether now known or hereafter devised, throughout the universe, in perpetuity, at no additional cost. Ticket Holder irrevocably waives any right to inspect or to approve any Event Materials, whether or not any of the foregoing may be created using or includes or embodies Ticket Holder’s Personal Likeness, and waives any Claim with respect to the eventual use thereof.

7. At the Event, there will be camera surveillance for the purpose of ensuring the safety and proper operation of the Event. Any such footage may be registered or stored by the Organizer or governmental authorities for the purpose of ensuring the security and safety of Event attendees and the enforcement of and compliance with the safety regulations on the Event site and may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.

ARTICLE 10: HEALTH, SAFETY, AND MEDICAL CARE

1. Due to weather or other conditions, the Event grounds may in whole, or in part, be slippery. You recognize and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated. By entering the Event site, You voluntarily agree to assume the full risk of death, bodily injury, or property damage, regardless of severity, that may be sustained as a result of attendance at the Event or while on the premises, whether or not caused by the negligence or gross negligence of organizers or their agents.

2. Ticket Holder agrees to comply with any and all health rules, regulations, terms, and conditions of the Event, whether established by Management, any Event facility, venue, or premise (including, without limitation, the Venue), or government or health authorities, including, but not limited to, rules with respect to masks, social distancing, health screening activities, and vaccination requirements. Ticket Holder will follow all instructions when entering any Event facility, venue, or premise (including, without limitation, the Venue), and while attending the Event, whether posted or otherwise communicated verbally or in writing by Management staff, employees, representatives, or contractors, police, or government or health authorities. If Ticket Holder refuses or fails to comply with any health rules, regulations, terms, conditions, and/or instructions for the Event, Ticket Holder acknowledges and agrees that Ticket Holder may not be permitted to attend the Event and/or may be removed from the Event.

3. Ticket Holder consents to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. Furthermore, in the event of an accident, injury, or illness during the Event whereby Ticket Holder is unable to provide actual consent, Ticket Holder hereby consents to receive medical treatment considered advisable by Management and/or on-site medical personnel at their discretion. Ticket Holder understands and agrees that agents of Management are not obligated and have no duty to provide medical services at the Event. Ticket Holder releases each of the Released Parties and all persons participating in any such medical treatment from all responsibility for any such actions.

4. For the avoidance of doubt, all sales remain final in the event of Ticket Holder’s failure or unwillingness to comply with any existing or new public health safety screening activities, certifications, waivers, and conditions of participation.

ARTICLE 11: RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION

1. TICKET HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, WHETHER SUCH RISK OR DANGER OCCURS PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT AND ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THEIR ATTENDANCE AT AND PARTICIPATION IN THE EVENT.

2. TICKET HOLDER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT THE EVENT IS AN INTERACTIVE EVENT AND THAT, AS AN ATTENDEE AND PARTICIPANT THEREIN, TICKET HOLDER MAY ENGAGE IN ACTIVITIES THAT INVOLVE A SUBSTANTIAL RISK OF PERSONAL INJURY, PROPERTY LOSS, AND/OR ECONOMIC LOSS. These risks may include, but are not limited to, those caused by, arising out of, or in connection with: (a) the actions or inactions of Ticket Holder and others; (b) conditions of the Venue, premises, or equipment used; (c) conditions of attendees, participants, performers, and artists; (d) fire and flame effects; (e) staging; (f) vehicular traffic; and/or (g) infection by communicable disease or illness, or a bacteria, virus, or other pathogen. Ticket Holder further acknowledges and fully understands that there may also be other risks that are presently unknown or unforeseeable.

3. TICKET HOLDER EXPRESSLY HEREBY FOREVER RELEASES AND DISCHARGES, AND AGREES NOT TO SUE, ORGANIZER, THE EVENT’S FACILITIES, VENUES, OR PREMISES (INCLUDING, WITHOUT LIMITATION, THE VENUE), THE EVENT’S PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, TICKETING SERVICES PROVIDER (UNIVERSE), ADVERTISING AGENCIES AND SPONSORS, AND/OR ALL OTHER PERSONS OR ENTITIES ASSOCIATED OR INVOLVED WITH THE EVENT (COLLECTIVELY “MANAGEMENT”) AND THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, ASSIGNEES, LICENSEES, OWNERS, OFFICERS, DIRECTORS, PARTNERS, MANAGERS, BOARD MEMBERS, SHAREHOLDERS, INSURERS, AGENTS, STAFF, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AND REPRESENTATIVES (COLLECTIVELY THE “RELEASED PARTIES”), WITH RESPECT TO ANY AND ALL CLAIMS, LIABILITIES, SUITS, OR EXPENSES OF WHATSOEVER KIND, NATURE, OR DESCRIPTION, WHETHER DIRECT OR INDIRECT, IN LAW OR IN EQUITY, IN CONTRACT OR IN TORT, OR OTHERWISE, WHETHER KNOWN OR UNKNOWN (INCLUDING ATTORNEYS’ FEES AND COSTS) (“CLAIMS”) THAT TICKET HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING WITHOUT LIMITATION ANY CLAIMS FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS IN ANY WAY CONNECTED WITH: THE RISKS LISTED HEREIN OR ATTENDANCE AT OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION USE OF ANY EVENT FACILITY, VENUE OR PREMISE (INCLUDING, WITHOUT LIMITATION, THE VENUE), OR TRAVEL TO AND FROM THE EVENT, HOWSOEVER CAUSED; NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES; ANY BREACH BY THE RELEASED PARTIES OF STATUTORY DUTY; ANY FAILURE OF ANOTHER ATTENDEE OF THE EVENT TO CONFORM TO THESE RULES; PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE EVENT; ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT; AND/OR ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OF MANAGEMENT, OR MANAGEMENT OR EVENT STAFF, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, OR SECURITY TO HONOR YOUR TICKET.

TICKET HOLDER UNDERSTANDS THAT YOU AGREE HEREBY TO WAIVE ALL CLAIMS YOU MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER YOU, NOR YOUR ESTATE, HEIRS, ASSIGNS, BENEFICIARIES, SPOUSE OR PARTNER, FAMILY MEMBERS, NOR ANYONE ELSE ACTING ON YOUR BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS YOU MAY SUFFER. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE EVENT OR ANY PRODUCT OR SERVICE PURCHASED AT THE EVENT, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY.

For the avoidance of doubt, while Universe, Inc. is included within the definition of “Released Parties” solely in its limited capacity as ticketing services provider and payment processor, this release and the protections afforded to the Released Parties run primarily to Somewhere Events, LLC as the event organizer. Universe’s role is limited to ticketing platform services as described in Article 1, and Universe bears no responsibility for Event operations or safety as set forth therein.

4. Ticket Holder expressly agrees to protect, defend, indemnify, and save the Released Parties harmless (“indemnify” meaning protect by reimbursement or payment, including attorney’s fees and expenses) with respect to any and all Claims brought by or on behalf of Ticket Holder, Ticket Holder’s estate, heirs, assigns, beneficiaries, spouse or partner, family members, or any other person, for any injury, damage, death, or other loss in any way connected with the risks listed herein or attendance at or participation in the Event, including without limitation use of any Event facility, venue, or premise (including, without limitation, the Venue), or travel to and from the Event, without limit and without regard to the cause or causes of negligence, whether passive or active, of the Released Parties, and/or any breach by the Released Parties of any legal duty. Ticket Holder further expressly agrees to protect, defend, indemnify, and save the Released Parties harmless from any Claim in any way arising out of or related to Ticket Holder’s negligence or misconduct at, around, or while traveling to or from, the Event.

5. This release and indemnity section includes, but is not limited to: third-party claims, claims for personal injury or wrongful death (including claims related to emergency, medical, drug, and/or health issues, response, assessment, or treatment), loss of consortium, breach of contract, or any other claim, including claims resulting from the negligence of Released Parties, whether passive or active, related to the Event.

6. TICKET HOLDER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE EVENT IS TO LEAVE THE EVENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE BY YOU.

ARTICLE 12: MISCELLANEOUS PROVISIONS

1. Governing Law and Venue. These Terms and Conditions shall be governed by and construed under the laws of the State of Kansas. Any controversy or claim arising out of or relating to these Terms and Conditions shall be brought only in the courts located in Sedgwick County, Kansas unless otherwise specified. The parties hereto specifically consent to personal jurisdiction of said courts. You hereby waive Your right to a jury trial.

2. Limitation on Claims. In no event shall the Released Parties be liable for any claim for loss of life or injury unless written notice is given within six months from the day of the loss of life or injury. No suit for any cause may be maintained against the Released Parties unless it is commenced within one year after the Event.

3. Dispute Resolution. Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, shall first be subject to good-faith negotiation between the parties. If not resolved within 30 days, either party may pursue available legal remedies in accordance with the governing law and venue provisions above.

4. Entire Agreement. You unconditionally agree that these Terms and Conditions represent the entire agreement between You and the Organizer with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms, including but not limited to the text contained on the back of the actual Ticket and/or any contrary understanding or agreements between You and the Organizer. You further confirm that there are no other agreements between You and any of the other Released Parties. You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes, and/or modifications thereof, which may be made from time to time without prior notice to You. No agency, partnership, joint venture, or other relationship is intended or created by Your attendance at the Event or use of the Sites.

5. Severability. These Terms and Conditions (including, without limitation, any and all waivers, releases, and agreements to indemnify contained herein) are intended to be interpreted and enforced to the fullest extent allowed by law. If any provision of these Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected and will continue in full force and effect. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each section is for reference purposes and no way defines the scope or extent of such paragraph.

6. No Waiver. Organizer’s failure to insist upon or enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

7. Consent to Electronic Communication. Ticket Holder agrees that we may provide electronically any and all communications concerning the Event or tickets as well as any disclosures required by federal or state law. Ticket Holder’s consent applies not only to the Event and the tickets but also to any ancillary agreement related to these and to any future tickets obtained through us.

8. Changes to These Terms. You further understand that these Terms and Conditions may be changed by Organizer prior to the Event, and if so, the revised Terms and Conditions will apply to the Ticket Holder. The most current version can be found at https://somewhere-fest.com/pages/terms-and-conditions. Ticket Holder’s attendance at the Event or entry to any Event facility, venue, or premise (including without limitation, the Venue) signifies Ticket Holder’s binding agreement to the Terms and Conditions in effect at the time of Ticket Holder’s entry to the Event.

9. Privacy Policy. The collection, use, storage, and disclosure of personal information by Somewhere Events, LLC is governed by the Somewhere Events, LLC Privacy Policy, available at https://somewhere-fest.com/pages/privacy-policy. By purchasing a ticket or attending the Event, You acknowledge and agree that You have reviewed and consent to the practices described in the Privacy Policy. These Terms and Conditions do not supersede or replace the Privacy Policy, and to the extent of any conflict between these Terms and Conditions and the Privacy Policy regarding the handling of personal information, the Privacy Policy shall control.

10. Lost or Damaged Personal Property. You understand that the Released Parties and all related parties, including but not limited to their management, employees, and agents, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged, or misplaced anywhere in the Venue regardless of fault or reason, so act accordingly. The Organizer recommends that You do not bring any valuables to the Event.


ACKNOWLEDGMENT

TICKET HOLDER ACKNOWLEDGES THAT TICKET HOLDER HAS READ AND FULLY UNDERSTANDS THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, AND ALL OTHER POLICIES, CODES OF CONDUCT, AND OTHER INFORMATION REGARDING THE EVENT AND ORGANIZER CONTAINED ON THE SITES. TICKET HOLDER UNDERSTANDS THAT TICKET HOLDER HAS GIVEN UP SUBSTANTIAL RIGHTS, AND TICKET HOLDER DOES SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.