1. CUSTOMER TERMS AND CONDITIONS
ALCOHOL SALES: Soul Circus operates a challenge 25 policy at all bars – if you are ordering a drink please make sure you have a valid form of ID listed below: The following forms of identification are accepted: • A Passport (not a photocopy) • An EU Photocard • Driving Licence • A Proof of Age Card bearing a PASS hologram • A Ministry of Defence identity card • A National identity card issued by an EU member state
SMOKING: All public and working enclosed spaces onsite are no smoking, including all stages other than outdoor stages. This also includes all tents and marquees onsite, bars, Front of House tent etc… If you do smoke, please use the official smoking areas on site and do not dispose your butt on the ground as this could be a fire hazard.
ADMISSIONS POLICY: All admissions are strictly through pre-bought tickets through the official Soul Circus website www.soulcircus.yoga SoulCircus Ltd reserves the right to refuse entry to any person or remove an individual or party from the festival permitter who may be acting in any anti-social matter whatsoever. This includes all individual who is deemed intoxicated through alcohol or illegal drugs, acting in abusive manner to other guests or any member of staff or any other activities deemed inappropriate by SoulCircus and its staff. No refunds will be issued whatsoever to anyone refused entry or those removed from the festival perimeter.
THINGS YOU CANNOT BRING: •Disposable BBQs, fire pits, pyrotechnics including distress flares and beacons. •Campsite food – excluding baby food/baby & snacks – there will be a very reasonably priced café on site open throughout the festival open until late. •Campsite alcohol - You are allowed to bring limited alcohol with you, however security have the right to refuse entry to anyone deemed bringing excessive amounts with them. There will be very reasonably priced bars on site including a Moet champagne bar open throughout the festival open until late. •Weapons of any kind. •Illegal drugs and Legal Highs •You may be body and/or bag searched at the entrances. Persons suspected of carrying items that may be used in an offensive or dangerous manner, or carrying out illegal activities onsite may be searched. *Please note: SoulCirucs Ltd (SC) or personnel appointed by SC can refuse entry/possession of any items below at their discretion.
CAMPSITE PARTIES: Due to the location of our event - no parties or loud music is to be played on the campsite. Failure to adhere to this condition will result in the attendee being requested to leave the event. Loud music will be deemed ‘loud’ if it can be heard directly outside of the tent. This will be monitored by both the security team as well as Noise Officer. No refunds will be issued for failure to adhere to the guidance issued by our noise management officer and/or the security team.
ON-SITE CHILD REGISTRATION: To assist with matters relating to child welfare, lost/missing children, Soul Circus will implement a registration process. Upon entry, any person less than 18 years of age will have their details registered and a photograph taken by the Safety Officer. Details of their parent / guardian will also be recorded and this information held securely at reception/front of house. The child will then be issued a uniquely numbered wristband corresponding to this information. During the event, our medical team will be responsible for any child welfare issues, and have access to the information held about children on site. To gain access to the festival site a wrist band must be obtained from the Front of House (Reception Tent). Reception staff will be briefed in the admissions policy and will be the first check for age identification. Challenge 21 posters and a Pass Recognition Poster will be on display at reception.
CHILDREN ON SITE WILL FALL INTO ONE OF TWO CATEGORIES. 1.16 to 17 years, admitted with “Teen” ticket, Able to attend without their parent guardian – however parent consent via an email to the festival director is required. 2.15 years and under, admitted free with their parent/guardian. 3.Over 18s admitted on an adult ticket REFUND POLICY Refunds are not permitted for any and all purchases under any grounds including cancellations for medical reasons. You’re not entitled to a refund if you change your mind about going or realise you can’t go anymore. In addition, you cannot exchange tickets purchased (full price or via the deposit scheme through our ticket portal via Fixersworld.com) to a lower tier ticket. For example; a weekend ticket cannot be exchanged for a day ticket for either a partial refund or by not paying the balance off in full. It is recommended your seek insurance for your purchase in case of non-attendance. Further information on your rights are available via the Citizens Advice Website.
SOULCIRCUS LTD: Release and Waiver SOULCIRCUS LTD; The Rectory, 1 Toomers Wharf, Canal Walk, Newbury, Berkshire. RG14 1DY In consideration of joining in the above-described event (the “Activity”), I agree and acknowledge that I am fully aware that participation in the Activity may involve risks. “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, financial or economic loss, or loss or damage to or loss of your property incurred or suffered by you directly or indirectly as a result, in whole or in part from my participation in the Activity. “Released Party” means SOULCIRCUS LTD. and all of their parent and group companies affiliates, franchisees and their respective assignees, representatives, directors, officers, agents, sub-contractors, employees and volunteer staff. I agree and acknowledge that: (a) the Activity may be physically strenuous; (b) I am in proper physical condition to participate in the Activity; (c) I am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death; and (d) I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured and will do so. Waiver and Limitation of Liability I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any Claims, I may have now or at any other time, against any Released Party and I agree, by accepting the inherent dangers and risks associated with the Activity, not to make any Claim against or seek any compensation from the Released Parties in respect of any personal injury, illness or death suffered by me (unless such a death or personal injury is caused by the negligence of that Released Party) or damage to or loss of property I sustain as a result of my participation in the Activity; I agree to hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim (excluding personal injury or death caused by the negligence of that Released Party); I acknowledge and agree that no Released Party shall be liable for any personal injury, illness or death, unless caused by the negligence or wrongful act of that Released Party; I accept that this Release and Waiver is reasonable given the nature of the Activity. Medical disclosure I agree and acknowledge that my health and fitness needs to be appropriate for this Activity and that the Released Parties recommends: (a)I should seek medical advice if I am uncertain (b)I should not take part in the Activity against that advice. The Released Parties reserve the right to refuse any participant the right to commence or require the participant to cease participation in the Activity should they believe it necessary on medical grounds. I acknowledge and agree that if I fail to comply with the duty of medical disclosure and if the Reserved Parties would have not permitted me to undertake the Activity, or continue participation, had I made a full disclosure, the Reserved Parties will not be liable for any personal injury, death or property damage or loss I incur. Nothing in the clause excludes or limits a Released Party's liability for death or personal injury which arises as a result of such Released Party's negligence. I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that: (a)there may be no aid stations available for the Activity (b)If medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered. Images, Videos and Copyright I grant my permission to the Released Party and any transferee or licensee or any of them, to utilise any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose (“Images”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of the Images and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images. I hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and the creation, use or disposition of them. I acknowledge and agree that the Released Party shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part of the Images, and that the Released Party has the unrestricted right to use, license, sell, transfer or otherwise dispose of any or all of them, as well as the Released Party’s rights under this Release and Waiver, in any manner whatsoever and without any accountability to me. I hereby assign to the Released Party all right, title and interest, throughout the world, I may have in and to the Images and any materials comprising all or any part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of my moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and any materials comprising all or part of the Images. If any provision, or part of a provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Attendees under 18’s Year Old If the participant is less than 18 years of age, the parent or guardian agrees to the following statements: As a parent or guardian of the participant child, I authorise the child to participate. I agree that in the event the participant child, or anyone acting on his or her behalf, should make any claim, I will provide the hold harmless described and I agree to the terms of this Release and Waiver. In the event of a medical emergency involving the participant child and any Released Party is unable to contact me, I agree and grant my permission that any Released Party may provide medical care to the participant child. Waiver and Limitation of Liability Confirmation Nothing in this Release and Waiver shall exclude or limit the liability of any Released Party for death of personal injury caused by such Released Party's negligence, fraud or fraudulent misrepresentation, or for any other matter excluded by law. I have fully read and understand this agreement. I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party. Data Protection Notice and Declaration The information you provide on this form will be held and processed by SOULCIRCUS LTD. I hereby acknowledge that the information may be shared with the representatives, agents, employees or contractors of SoulCircus or its affiliates for the purpose of the administration and operation of the Activity. The information you provide on this form will be held in accordance with the Data Protection Act 1998. You are responsible for the accuracy and completeness of the information supplied and in particular the supply of personal information to us. By signing below you are agreeing to the use of your personal information as described in this notice and confirming.
SoulCircus Festival Equality & Diversity Policy: The purpose of this policy is to provide diversity and equality to all in employment, irrespective of their gender, race, ethnic origin, disability, age, nationality, national origin, sexuality, religion or belief, marital status and social class. We oppose all forms of unlawful and unfair discrimination. All employees, whether part time, full time or temporary, will be treated fairly and equally and with respect. Selection for employment, promotion, training or any other benefit will be on the basis of aptitude and ability. All board members, employees and associates of SoulCircus Ltd will be helped and encouraged to develop their full potential and the talents and resources of the workforce will be fully utilised to maximise the efficiency of the organisation. SoulCircus Commitment: • Every employee is entitled to a working environment which promotes dignity and respect to all. No form of intimidation, bullying or harassment will be tolerated; • The commitment to diversity and equality in the workplace is good management practice and makes sound business sense. • Breaches of our diversity and equality policy will be regarded as misconduct and could lead to disciplinary proceedings; • This policy is fully supported by the Board of Directors and senior management and has been agreed; • The policy will be monitored and reviewed annually the board of Directors The Equality Act 2010 simplifies, strengthens and harmonises the current legislation to provide Britain with a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society. The public sector equality duty requires public authorities to have due respect to eliminate unlawful discrimination, harassment and victimisation and victimisation of individuals based protected characteristics of :- Age, disability, gender reassignment, pregnancy and maternity, race, religion and belief, sex and sexual orientation. [Marriage and civil partnership are also protected characteristics under the Equality Act but it’s not covered by the public sector equality duty] Our strategic equality and diversity objectives: Advance equal opportunities to diversity and develop our workforce and leaders so that they better reflect our attendees Deliver high quality programming which is accessible as feasibly possible for all attendees.
Unlimited Membership Tickets: Those who purchase unlimited membership tickets will have a weekend ticket pass annually to Soulcircus festival events. If a SoulCircus festival event does not go ahead for a ny reason in any calendar year, you are not entitiled to any refunds or compensation. The membership/ticket comes with a complimentary yoga mat either from Lifeforme or Lululemon. If either mat is not available, a replacement branded mat will be provided from another premium brand. The annual spa treatment will be a minimum 30 minute session annually through either a physical treatment or other holistic session. If legislation does not allow for spa treatments and/or hot tubs to be used at any of our main festival events, refunds or credits will not be provided. Whilst, SoulCircus Ltd endeavours to hold a main festival event annually in the UK for the next 10 years - SoulCircus Ltd cannot guarantee every event will be held as originally planned.
Event Cancellation: If SoulCirus Ltd is forced to cancel this event, ticket holders will be automatically rolled over to the next instalment of “SoulCircus”. Under force majeure, SoulCircus shall forthwith serve notice in writing to all ticket holders specifying the nature and extent of the circumstances giving rise to force majeure, and shall subject to service of such notice, have no liability in respect of the performance of such of its obligations as are prevented by the force majeure events during the continuation of such events, and for such time after they cease as is necessary for that party, using all reasonable endeavours, to recommence its affected operations in order for it to perform its obligations. In this letter, "force majeure" shall mean any cause preventing either party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including without limitation an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, disease, epidemic, pandemic, storm or default of suppliers or sub-contractors. Under force majoré; ticket holders, traders and sponsors shall not be entitled to refunds but will be able to the next edition of SoulCircus at no extra cost.
2. TRADING (VENDORS) TERMS AND CONDITIONS
2.1. Event Cancellation
If SoulCircus have to cancel this event, written notices will be issued to you no later than the 31st July 2020. No financial payments will be made to you (with exception of the full refund on all fees paid) if the event has to be cancelled nor will SoulCircus Ltd be liable to make any further payments in the future.
In this letter, "force majeure" shall mean any cause preventing either party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including without limitation an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, disease, epidemic, pandemic or default of suppliers or sub-contractors.
If either party is prevented or delayed in the performance of any of its obligations under this letter by force majeure, that party shall forthwith serve notice in writing on the other party specifying the nature and extent of the circumstances giving rise to force majeure, and shall subject to service of such notice, have no liability in respect of the performance of such of its obligations as are prevented by the force majeure events during the continuation of such events, and for such time after they cease as is necessary for that party, using all reasonable endeavours, to recommence its affected operations in order for it to perform its obligations. If the event has to be cancelled under force majeure all fees paid to SoulCircus will be rolled onto the next instalment of “SoulCircus festival”
2.2. Filming / Photography
You agree and consent to your voice, name, logo, image, biography and/or likeness being used, without compensation, in films and tapes for exploitation in any and all media, whether now known or hereafter devised, in perpetuity, and you release Soul Circus, its successors, assigns and licensees from any liability whatsoever of any nature.
2.3. General Terms
This letter agreement constitutes the entire agreement between you and Soul Circus relating to the subject matter of this letter agreement and supersedes and extinguishes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between us in relation to the subject matter of this letter agreement.
You and Soul Circus acknowledge and agree that we have not entered into this agreement in reliance on any statement or representation of any person (whether a party to this letter agreement or not) other than as expressly incorporated in this agreement. Without limiting the generality of the foregoing, you and Soul Circus irrevocably and unconditionally waives any right or remedy it may have to claim damages and/or to rescind this letter agreement by reason of any misrepresentation having been made to it by any person (whether party to this letter agreement or not) and upon which it has relied in entering into this letter agreement.
Any variation of this letter agreement is valid only if it is in writing and agreed by both you and Soul Circus This letter agreement does not confer any rights on any person or party (other than the parties to this letter agreement) pursuant to the Contracts (Rights of Third Parties) Act 1999.
This letter agreement may be executed in any number of counterparts, each of which shall constitute an original, and all the counterparts shall together constitute one and the same agreement.
This letter agreement is governed by and is to be construed in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute or issue which may arise out of or in connection with this agreement.
2.4. Intellectual Property and Conﬁdentiality
You acknowledge and agree that SoulCircus is and at all times will be the sole owner of (a) all trademarks, trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright-protected materials, trade secrets, methods and processes, concepts, ideas, know-how, and other intellectual property or proprietary information which SoulCircus owns and/or uses on or in connection with its products, services and/or business, including (but not limited to) the SoulCircus festival concept (collectively "SC Intellectual Property"); and (b) all advertisements, promotional or marketing materials, still and moving images and other recorded material (including digital and other forms of material), text, prints, packaging, and any other materials SoulCircus owns and/or uses on or in connection with its products, services and/or business (collectively with SC Intellectual Property, the "SC Materials”).
You acknowledge and agree that SoulCircus is and at all times has been and will be the sole and exclusive owner of all rights in and to the SC Materials, including associated goodwill. You agree not to do anything inconsistent with Sole Circus' sole and exclusive ownership of the SC Intellectual Property. Nothing in this letter shall be construed as a transfer or assignment of any rights to you. Any and all use by you of the SC Materials shall inure to the sole beneﬁt of SoulCircus. You agree that you will not make any modiﬁcation to any SC Materials, or use, exploit, or exhibit any SC Materials except as authorised by Soul Circus In writing.
You undertake that you shall not at any time disclose to any person any conﬁdential information disclosed to you by SoulCircus or its representatives in connection with the festival, including but not limited to:
The existence of this agreement and the discussions concerning and relating to it;
- The affairs, customers, clients or suppliers of SoulCircus; and
- The operations, processes, product information, know-how, designs and trade secrets of SoulCircus or its related companies (“Conﬁdential Information”)
- You shall not use any Conﬁdential Information for any purpose other than to exercise your rights and perform your obligations under or in connection with this letter.
- You may only disclose Conﬁdential Information:
- To your employees or advisers who need to know such information for the purposes of carrying out your obligations under or in connection with this agreement and shall ensure that any person to whom you disclose the Conﬁdential Information comply with this clause; and
- As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.