Disclaimers
Opus Music Festival (the “Event”) will follow state and federal mandates related to COVID-19 as directed by the CDC. Venue, program and lineup is subject to change pending confirmed guidance from local, state, and federal agencies or performer availability. We will be monitoring all updates and will reflect the latest updates by these agencies, and will be communicated via email to all participants prior to the Event. Due to the dynamic nature of public health emergencies and the responses of government officials, conditions may change more quickly than health and safety-related procedures and protocols can be updated. As a result, you should not rely on the specific procedures or protocols that are in place on the day of the Event.
Face masks are not required but will be highly encouraged for all individuals while outdoors at the event, except while actively eating or drinking. In particular, we highly recommend wearing a mask while:
Face masks will be required to access the indoor restrooms at Hacienda Heights Community Center.
Terms of Use
You agree to comply with all of Opus Music Festival’s applicable rules, policies, terms, and conditions (“Festival Rules”) as follows:
COVID Testing; Vaccinations
In accordance with California's current guidelines, Opus Music School is requiring attendees agree to the terms below prior to ticket purchases & entry to Opus Music Festival (the “Event”): By purchasing tickets for this Event, I confirm that at the time of the Event I will have a face covering available for the duration of the event, and will agree to wear the mask if asked except while actively eating or drinking or while performers are performing on stage. I agree that face masks will be required to access the indoor restrooms at Hacienda Heights Community Center. Please note this requirement will apply to all members of your party before they are allowed to enter the Event.
Ticket Info
Tickets are valid for entry at any time during the open hours of the Event on the exact date stated on the ticket. There is no timed admission. Tickets are valid for one single-use entry only. Re-entry is subject to limitations. Carefully review your ticket order event date and quantities BEFORE placing your order. All sales are final. No refunds, exchanges, or returns are accepted.
This is an all ages event. Any person 3 years and older needs a ticket, including performers.
Event Cancellation
All tickets and fees are nonrefundable unless the Event is cancelled. If the Event is cancelled, we will attempt to contact you to update you on the status of the Event, and inform you of any refund or credit procedures.
If the Event is postponed, rescheduled, or moved, your ticket(s) are still valid, but we may approve refunds subject to limitations. You may keep the ticket to the postponed, rescheduled, or moved Event or submit a request for a refund or credit subject to our approval.
We will not be liable for travel or any other expenses that you or anyone else incurs if the Event is cancelled, postponed, rescheduled, or moved.
License; Ejection and Cancellation; No Redemption Value
Opus Music School reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language, or who fails to comply with the Festival Rules. Breach of the Festival Rules will terminate your license to attend the Event without refund. A ticket is a revocable license and admission may be refused. A ticket is not redeemable for cash.
Recording, Transmission and Exhibition
You agree that the Event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the Event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You grant permission to us, our partners, licensees and assigns, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You Are Subject to Search
You and your belongings may be searched on entry to the Event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Event without refund or other compensation. Certain items may not be brought into the premises, including without limitation: firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
Unlawful Resale of Tickets; Promotions
Unlawful resale (or attempted unlawful resale) of tickets, including but not limited to counterfeit or copy of tickets, is grounds for seizure and cancelation without compensation. Certain maximum resale premiums and restrictions may apply in some states, and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or to have been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us, through authorized partners, or from the venue box office to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by us.
Disclaimer of Warranties
You agree to attend Opus Music Festival at your own risk. To the fullest extent permissible by law, and to the extent that applicable law permits the disclaimer of express or implied warranties, we disclaim all warranties, express or implied, including any warranty of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. We do not guarantee that the Event will operate without disruptions or delays. We are not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California Civil Code § 1542, which says: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Limitation of Liability
You voluntarily assume all risks and danger incidental to the Event, whether occurring before, during or after the Event, and you waive any claims for personal injury or death against us, management, facilities, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.
You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the Event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Opus Music School—and against any companies affiliated with Opus Music School—relating to such risks, hazards, and dangers.
In no event will we or our suppliers, advertisers, and sponsors, be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special, or consequential damages of any type, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with Opus Music Festival, even if we 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. without limiting the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for (a) any failure of another individual to conform to the codes of conduct, (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your attendance at the Event, (c) any unauthorized access to or use of any and all personal information and/or financial information, (d) any errors, mistakes, inaccuracies, or omissions in any content, or (e) any lost, stolen, or damaged tickets, or the failure to honor a ticket. Your sole and exclusive remedy for dissatisfaction with the Event is to exit the Event. The limitations in this section will apply even if any limited remedy fails of its essential purpose. The allocation of risk between us is an essential element of the basis of the bargain between us. Our aggregate liability arising out of the terms or the attendance at the Event will not exceed fifty dollars ($50). In no event will attorneys' fees be awarded or recoverable. Our liability will be limited under this paragraph to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply to the extent applicable law permits the recovery of damages, attorneys' fees, or costs otherwise prohibited under this paragraph.
Indemnification
If anyone brings a claim against us related to your violation of the Festival Rules, you agree to indemnify, defend, and hold us and our affiliated companies, suppliers, advertisers, and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Mandatory Arbitration Agreement and Class Action Waiver
You and we each agree that, except as provided below, any dispute, claim, or controversy relating in any way to the terms or products or services sold, distributed, issued, or serviced by or through us—irrespective of when that dispute, claim, or controversy arose—will be resolved solely by binding, individual arbitration as set forth in the terms, rather than in court. You and we thereby each agree to waive any right to a jury trial, and agree that you and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You are responsible for your own attorneys’ fees; we will not pay any attorneys’ fees unless ordered to do so by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute.
Severability
It is our belief that the Festival Rules do not contain any provision contrary to law. However, if any part of the Festival Rules is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the Festival Rules, and (b) the remaining parts shall be deemed valid and enforceable.
