The following terms shall have the meanings agreed in the lines below throughout this document unless otherwise expressly defined herein:
TICKET or PASS, individual or group: a document issued in digital or paper format, certifying the right of access of a person or group of persons to one or more events of the Festival for a limited number of days. Tickets have a unique identification number and are non-nominal.
ACCESS BADGE: badge applied by the Organizers after validation of the ticket, certifying that its bearer has the right to visit one or more festival venues, on one or more days, according to the rights granted by the ticket.
TICKET PURCHASER: natural person who purchases one or more tickets and/or festival passes.
DURATION OF THE FESTIVAL: the duration of the time between the beginning and the end of the festival as communicated to the public via the website www.jazzinthepark.ro.
DURATION OF THE EVENT: the duration of the time between the beginning and the end of the events and concerts of the festival as publicly announced on the website www.jazzinthepark.ro
FESTIVAL: the totality of the concerts, actions, programs, performances and other services organized by Jazz in the Park for a given duration and in one or more clearly specified locations during the festival.
VENUE: any of the venues/areas where the Festival activities take place as mentioned in the specific section of the website www.jazzinthepark.ro.
ORGANIZER(S): the association of legal entities organizing and staging the Jazz in the Park Festival, having exclusive rights to it. The Jazz in the Park Festival is co-organized by the Fapte Association (str. Donath, nr. 192, block A4, ap. 12, Cluj-Napoca, CIF 31425230) and the Beyond the Line Production Association (str. Al. Vlahuță, bl. LAMA A, ap. 25, Cluj-Napoca, CIF RO 31425273).
COMMERCIAL PARTNER: natural/legal persons or association of natural/legal persons carrying out an independent commercial activity, authorized by law, within the Festival, based on a contractual relationship with one of the Festival Organizers.
PARTNER: natural/legal person or association of natural/legal persons who collaborates with one of the Organizers in order to carry out a cultural, commercial, promotional or any other type of action mutually agreed on the basis of a contractual relationship within the Festival.
PARTICIPANTS: all people attending the Festival on the basis of an admission ticket or an invitation.
UNAUTHORIZED PARTICIPANTS: all natural persons who are at any given time at the Festival venue during the Festival period without having a legal right of access or who have illegally acquired this right by methods such as, but not limited to: forging a ticket or an access badge, purchasing a ticket or an access badge from Merchants not authorized by the Organizer.
PRODUCT: items and rights of pecuniary value that may be purchased from the Organizers or the Organizer’s Partners and Merchants at or in connection with the Festival.
SERVICE: any service made available or purchased from or in connection with the Organizers or the Organizers’ Partners and Business Partners.
THIRD PARTIES: natural/legal persons other than the Organizers, Partners, Commercial Partners, Participants, Buyers, Donors or Visitors of the Festival.
VISITORS: natural/legal persons entitled to participate in the Festival, other than Participants, such as but not limited to Volunteers, representatives of Commercial Partners, representatives of suppliers, the organizing team or any other Third Party who is at any given time at the Festival venue during the Festival and who has a valid right to participate in the Festival.
REGISTERED VOLUNTEER: person who fills in the registration form as a Volunteer for the Festival.
PARTICIPATING VOLUNTEER: natural person over 16 years of age who, after completing a valid registration form, has been selected to participate as a Volunteer in the Jazz in the Park Festival.
WEBSITE: Festival website, i.e. www.jazzinthepark.ro.
2. GENERAL TERMS AND CONDITIONS
a. These regulations set out the terms and conditions of participation in the Jazz in the Park Festival 2023.
b. By participating in the Festival, Participants, Volunteers, Collaborators and any Third Parties who interact directly or indirectly with the Festival accept and agree to the terms and conditions of these Rules.
c. By purchasing tickets, Buyers undertake to comply with the Regulations, the Festival access rules and any other rules of participation in the Festival that are made known to them through online or offline means of communication.
d. The content of these Regulations is the property of the Organizers of the Jazz in the Park Festival, namely the Fapte Association and the Beyond the Line Production Association.
e. The Jazz in the Park 2023 Festival is administered by the Fapte Association as Organizer and the Beyond the Line Production Association as co-organizer. The Fapte Association is a non-profit legal entity, with headquarters in Cluj Napoca, Donath Street no. 192, block A4, ap. 12, jud. Cluj with CIF 31425230. Beyond the Line Production Association is a non-profit legal entity, with headquarters in Cluj Napoca, str. Al. Vlahuță, bl. LAMA A, ap.25, jud. Cluj, with CIF RO31425273.
3. TIME AND PLACE OF THE FESTIVAL
a. The Jazz in the Park 2023 Festival will take place from 1-3 September 2023 in the Ethnographic Park “Romulus Vuia”, Tăietura Turcului street, Cluj Napoca.
b. The program of events in the above mentioned Festival space will be communicated by the Organizer on its own communication channels and in the media no later than 10 days before the event.
c. The Organizer reserves the right to change the venue of the events. In case of such changes, the tickets purchased will remain valid for the new venue.
d. The Organizer reserves the right to supplement the Festival venues.
4. ACCESS TO THE FESTIVAL
a. Tickets and types of tickets
Three types of tickets are available at the Festival, as follows:
One-day ticket – gives the Participant the right of access to the “Romulus Vuia” Ethnographic Park to all events, concerts and activities held between 14:00 and 05:00 for the day for which it was purchased.
Subscription tickets – entitle the Participant to access to the “Romulus Vuia” Ethnographic Park to all events, concerts and activities taking place between 14:00 and 05:00 on each day of the Festival when the venue is active.
Children up to and including 14 years of age are admitted free of charge if accompanied by at least one adult holding a valid Festival ticket.
b. Ticket sales
i. Tickets and subscriptions can be purchased online at www.iabilet.ro.
ii. Festival tickets and subscriptions are sold through the Organizer’s Commercial Partners and not directly by them. Payments for the purchase of tickets are made through the Commercial Partners in accordance with their Terms and Conditions.
iii. The final ticket price includes administration and processing fees, Red Cross stamp duty, stamp duty for historical monuments, fees for collecting societies. The Organizer is not responsible for administration and processing fees which may differ depending on the Commercial Partners from whom the ticket is purchased. In this regard, the Organizer recommends that prior to purchasing a ticket, the Terms and Conditions section of the Trading Partner from which the ticket is purchased should be checked.
iv. Ticket sales will be stopped when a ticket category is sold out. The Organizer reserves the right to increase the number of tickets and put them on sale if the capacity of the venue permits.
v. Purchased tickets cannot be exchanged and their value cannot be refunded.
vi. The organizer reserves the right to change the price of tickets without prior notice. The ticket price is the one displayed when the ticket is purchased on the platform.
Invitations and/or tickets with a value of 0 lei give the holders the same rights as holding an admission ticket. Two types of invitations are available at the Festival:
● One-day invitations – entitle the Participant to access to the “Romulus Vuia” Ethnographic Park to all events, concerts and activities taking place during the specified time slot for one day of the Festival.
● Subscription-type invitation – gives the Participant the right of access to all events, concerts and activities taking place during the specified time slot on each day of the Festival.
d. Disabled access
i. In the case of persons with disabilities classified in a disability category, they and their accompanying persons are entitled to the following facilities within the limit of 50 passes for the 3 days of the Festival:
● Children with disabilities and their accompanying persons are entitled to one free pass for the 3 days of the festival.
● Adults with severe and severe disabilities and their companions receive one free pass for the 3 days of the festival.
ii. In order to benefit from free admission, adults with disabilities (or in the case of minors their legal representatives) must complete the form on the www.jazzinthepark.ro website. If disabled persons wish to receive a pass for the 3 days of the festival, they will receive an e-mail from the Organizer to this effect. These persons are then obliged to present the original of the disability certificate and identity card for verification at the access point mentioned in the confirmation email received.
iii. Free access for persons with special needs is only granted on the basis of the identity card, the disability certificate and the confirmation received by e-mail from the Organizer.
iv. Incomplete applications and/or applications sent to other e-mail addresses will not be considered.
v. The Organizer reserves the right to deny access to the festival to persons with disabilities who do not present these documents in original. If the Organizer’s representatives have justified doubts as to the validity or authenticity of the documents presented, the Organizer reserves the right to make the necessary checks and deny access to the person.
vi. The registration period to be eligible for the 2023 edition is 28.07.2023-28.08.2023. All applications submitted outside this period will not be considered.
vii. As this facility can only be granted within a limited number of places, taking into account the total capacity of the Festival as well as safety and security rules, the free admission will be granted on a first-come, first-served basis.
viii. When and to the extent that the number of 50 applications complying with the conditions specified above has been reached, the Organizer will state in these Regulations that the maximum number of tickets granted free of charge to disabled persons has been reached, and from that moment on the Organizer will no longer respond to applications in this respect.
ix. The Organizer will respond to such requests within 30 days from the date of the request.
x. Persons with severe disabilities are obliged to always be accompanied to the Festival for reasons of personal safety.
xi. The Organizer recommends that all minors and disabled people are accompanied to the Festival.
xii. The organizer will not be held responsible for any incident or accident involving minors or disabled persons. All responsibility for these rests with the minors/persons with disabilities and/or their parents/legal representative or accompanying person.
e. Redeeming tickets, season tickets and invitations for access badges
i. The exchange of a valid admission ticket, season ticket, group ticket or invitation to the Festival into an admission bracelet is subject to the fulfilment of the formalities for admission to the Festival as set out in Art. 4.e. of these Regulations.
ii. The access badge confers on the holder the rights and obligations similar to the access ticket.
iii. Access badges will have different colors and markings depending on the age of the Participants and the type of ticket purchased, giving Participants different rights (e.g. the right of adults to purchase alcohol and tobacco).
iv. Participants and Visitors are obliged to wear the wristband on their hand, in a visible place, for the duration of its validity as well as for the duration of their stay at one of the event venues.
v. The Organizers reserve the right to check the integrity of the access wristbands at the entrance and as often as they deem necessary within the perimeter of the Festival, in all locations and throughout the duration of the Festival.
vi. Loss, damage or destruction of the wristband is the sole responsibility of each Visitor or Festival Participant.
vii. In the event of damage or loss, the wristband does not entitle the Participant to any further rights and the Participant is obliged to purchase a new ticket or to leave the venue.
viii. The organizers will not exchange broken, untied or glued wristbands, as they will be considered invalid.
ix. In well justified cases, Participants and Guests may present themselves at the Info Point for the replacement of a valid wristband (not damaged, torn, sewn, etc.) by presenting their admission ticket. Such situations include, but are not limited to: the wristband has been tightened too tightly, the color of the wristband does not match the type of ticket purchased, etc.
f. Access to the venue
i. Access to the event is by scanning the ticket, either printed or in electronic format, from the Participants’ mobile devices. Access is only possible on the basis of a valid ticket for the day in question or a subscription for the events at the venue.
ii. For safety reasons, access to the event starts 60 minutes before the start of the first concert and will be staggered. Please take sufficient time to go through the access procedures.
iii. If you leave the event space, re-entry to the venue is only permitted on the basis of an access badge valid for the day and the venue in question.
iv. Entrance and exit to/from the event space is via the specially designated areas. Please respect the entry/exit flows as marked and keep your distance when entering/exiting the event space.
v. In order to ensure the orderly and safe running of the events, the Organizers reserve the right to restrict the objectives and devices that may be brought into the Festival area. It is forbidden to bring the following objects onto the Festival perimeter:
● Pyrotechnic articles.
● Knives, weapons and other blunt objects.
● Flammable or explosive materials.
● Any type of objects that may injure other Participants.
vi. Participants assume responsibility for the objects they own and bring into the Festival perimeter. The Organizers reserve the right to check Participants, either by random checks or as a result of suspicions identified by the Organizing Team and/or the Security and Protection Team, and to confiscate any prohibited items identified. In the event of any incidents occurring as a result of the possession of any of the aforementioned items, the holders of such items assume sole responsibility for them.
vii. Pets are allowed on condition that they comply with the rules regarding pets in public areas (pets must be kept on a leash, large dogs or aggressive breeds must be muzzled, etc.). If Participants in the event do not comply with the rules regarding pets, the Organizers reserve the right to refuse people and pets access to the event, or to remove from the Festival perimeter people who are found breaking these rules during any activity of the event.
5. GENERAL RULES OF CONDUCT DURING THE EVENT
a. Event participants are required to demonstrate appropriate behavior for public events.
b. Event participants are required to refrain from any actions, statements or behavior that could endanger the life, health or physical integrity of themselves or other participants.
c. Any form of commercialization or advertising campaigns within the perimeter of the event is forbidden without prior written permission from the Organizers.
d. Any demonstration or demonstration of any kind which is not connected with the event and the Organizers and which has not been approved in advance in writing by the Organizers is prohibited.
e. Participants expressly understand and accept that, by virtue of their participation in the event, they will cooperate fully with the Organizers, the technical team, the representatives of the security and first aid services and any other public or private authorities involved in the organization of the event and will comply with their instructions during the event, in case of emergency situations or when other circumstances so require.
6. EVACUATION OF THE EVENT SPACE
a. Evacuation of venue space shall take place from the time of the completion of the last concert of the day and venue, gradually in each of the Festival areas.
b. Please follow the directions given on site regarding the evacuation order provided by the Organizers.
7. CANCELLATION OF TICKETS AND RETURN OF THE TICKET PRICE
a. Purchased tickets/subscriptions cannot be cancelled or exchanged.
b. The value of tickets is not refundable in the following circumstances:
i. In case of adverse weather conditions.
ii. No refund of the ticket price in the event that the ticket holder is refused access by the Organizers for justified reasons relating to the safety of other Participants in the event.
iii. In the case of group/family tickets, no refund of the total or partial value of the tickets will be made if the number of participants is less than the maximum number of persons allowed according to the type of ticket.
iv. No refund will be given for a day of the Festival in the event of a change of artists announced at the time of ticket purchase. Tickets give the Buyer access to the Festival venue and not to a specific concert.
v. No refund of unused tickets in the Pass Pack.
8. RIGHTS AND OBLIGATIONS OF PARTICIPANTS
a. Participants are obliged to comply with these Rules and Regulations throughout the event and at all venues.
b. Participants are not allowed to use the event venue for illegal activities or activities that endanger in any way the safety of other Event Participants.
c. Participants are prohibited from distributing, modifying or copying, displaying, reusing, reproducing, publishing, creating derivative works, transferring, selling or using the contents of the Event or these Rules without the written consent of the Organizers.
d. Participants are obliged to immediately notify the Organizer’s representatives or the security team of any situation which they have good reason to report as a danger to the safety of other Participants during and at the Event.
e. Participants are obliged to cooperate with the Organizers and the health and safety service representatives, the competent authorities, and the Volunteers to ensure the smooth running of the event, to avoid situations that could endanger the safety of Participants or to remedy such situations as soon as possible.
9. RIGHTS AND OBLIGATIONS OF ORGANIZERS
a. The Organizers have the right to modify, supplement, withdraw, temporarily or permanently these Rules with or without prior notice to users, potential users or any Third Party. All changes shall come into force once they are published on the website www.jazzinthepark.ro.
b. The Organizers may investigate any action likely to violate these Rules and issue warnings, suspend, restrict or share access to the Event to any Participant, Volunteer, Partner or any other Third Party present at the Event during the Event.
c. The Organizers do not take responsibility for any objects that Participants, Visitors, Volunteers, Partners and Third Parties bring into the event area during the event.
d. The Organizers reserve the right to check Participants and Visitors, by survey or as a result of suspicions identified by the Organizing Team and/or the Security and Protection Team, and to confiscate any prohibited items identified. In the event of any incidents occurring as a result of the possession of any of the aforementioned items, the holders of such items assume sole responsibility for them.
e. The Organizers accept no responsibility for the Participant’s property, for loss, damage or theft.
f. The Organizer reserves the right to change the list of artists participating in the Festival, both before and during the Festival.
g. The Organizer reserves the right to change the maximum capacities of the Festival venues in accordance with the safety regulations in force.
10. INTELLECTUAL RIGHTS
a. Photographs, artistic and organizational concepts, internal working procedures and the like (information, data, images, texts, symbols, graphics, web design elements, programs and the like) are the property of the Organizers and are protected by Law no. 8/1996 on copyright protection.
b. The use of any of the aforementioned elements, as well as any other similar elements that can be assimilated to copyrights, without obtaining prior written consent from the Organizers is punishable by law.
c. Reproduction in whole or in part, modification, transfer, distribution, republication, copying in whole or in part of the content of the event is not permitted without the prior written consent of the Organizers.
11. PHOTO-VIDEO RECORDING OF THE EVENT
a. The organizer reserves the exclusive right to the photo-video images of the event.
b. Participants and Visitors understand and accept that the Organizers, Commercial Partners, authorized suppliers of the Organizer, members of the press and other Third Parties authorized by the Organizers may make audio, video and photo recordings of the event.
c. The Organizer may use photo and video footage taken by its own employees, service providers, Commercial Partners and other authorized Third Parties in various materials produced in connection with the event.
d. Participants and Visitors by virtue of their participation in the event grant the Organizer and all those authorized by the Organizer express permission to record and publish the image, appearance and actions of the event on the perimeter of the event.
e. The Organizers and Third Parties authorized by them have the unrestricted right to use, copy, publish, make public, broadcast and distribute, in particular for the purpose of promoting the project, but not only, the recordings, images and photographs taken of the Participants in the event, without having to pay the latter any remuneration for their use.
g. Participants and Visitors are not entitled, within the limits of the law, to make financial or other claims against the Organizers in connection with the photo-video recordings and their publication as provided for in these Rules.
h. Participants have the right to make audio/photo/video recordings of the event for their personal use. Participants are not entitled to commercialize the images/photo-video recordings of the event without the prior consent of the Organizers.
12. REUSABLE CUPS
a. The Organizers shall use a system of reusable glasses for the sale of beer at all their own sales outlets, those of their Commercial Partners or other Third Parties authorized to sell alcoholic beverages in the Festival area during the Festival.
b. The glasses circulate in a guarantee system between the Organizers’ Commercial Partners and Participants.
c. The guarantee charged for the use of reusable glasses is 10 lei per drink. The guarantee will be shown by the Commercial Partners separately on the receipt as per art. 286 para. (4) letter d) of the Fiscal Code.
d. The return of the glasses will be made only on the basis of the fiscal receipt proving the purchase of the glasses. The return of the deposit will be made only at the return points specially set up by the Commercial Partners in the festival area. The returned guarantee is 10 lei/glass. The return of glasses is made without a justifying fiscal document, according to art. 286 par. (4) letter d) of the Fiscal Code.
e. The return of glasses is not allowed in the bars of the Organizer or its Commercial Partners.
f. The maximum number of glasses that a person can bring to the return is 5 glasses.
g. Once purchased, a reusable glass may be used as many times as necessary during the Festival period and within the Festival perimeter, without additional payment of another guarantee.
h. When purchasing a drink, when the Participant already has a reusable glass, it will be exchanged for a clean glass at the alcoholic beverage sales points of the Festival managed by the Organizers or their Commercial Partners (where beer is sold).
i. The Organizers, the Commercial Partners and any other Third Parties authorized to sell alcoholic beverages in reusable glasses do not accept responsibility for loss, damage or theft of reusable glasses in the possession of Participants.
j. Participants are encouraged not to dispose of reusable cups in waste collection bins, even if they are no longer needed and do not wish to recover their deposit. In this case, Participants are encouraged to give their glasses to any member of the Organizing Team, volunteers or staff of the Organizer’s Commercial Partners or to bring them to any of the Organizers’, Commercial Partners’ or any other Third Party’s alcohol sales points authorized to sell alcoholic beverages on the festival grounds.
13. OTHER INFORMATION
a. Suggestions and Complaints
Participants, Visitors, Volunteers, Partners and Third Parties may at any time send suggestions or complaints to the Organizers by email to [email protected].
b. Lost objects
● Lost and found objects can be brought to the Festival Info Point, where the owners will be able to retrieve them within 48 hours, but no later than 12.00 noon of the next day after the end of the Festival.
● The Organizers accept no responsibility for the Participant’s belongings for loss, damage or theft.
a. These Rules, and any dispute arising out of or in connection with its terms or participation in the Event, shall be settled by Participants, Volunteers, Partners, Third Parties and Organizers by amicable agreement.
b. If this is not possible, the Romanian courts in the locality where the Organizers have their registered office shall have jurisdiction to settle disputes.
c. By purchasing a ticket/subscription, by participating in the events organized by Jazz in the Park or by accessing the Jazz in the Park communication channels, in particular the website www.jazzinthepark.ro, Visitors and Participants confirm that they have read, understood and accepted these Rules.
15. LIMITATION OF LIABILITY
a. Participants understand and agree that they participate in Jazz in the Park 2023 events at their own risk. The Organizers, the Facts Association, collaborators, Partners and Commercial Partners of the Organizers cannot be held liable for any direct or indirect damage resulting from access to the perimeter of the event or use of the services made available on the perimeter of the event such as, but not limited to: material damage, loss of data or programs, financial damage, etc.
b. The Organizer is not liable for acts committed by persons under the age of 18 who participate in the Festival, as there is no legal obligation to supervise minors. The Organizer is not liable for damages of any kind caused to persons under 18 years of age by Third Parties, including but not limited to Festival Participants.
c. Information on events, activities, concerts, artistic events organized, hosted or promoted by the Organizers is provided for information purposes only and should not be considered as a contractual offer of services provided by the Organizers. Participants understand and agree that this event content is presented without any guarantee of any kind.
d. The organizers shall endeavor to ensure that the information presented on the website, social media channels, in the press and through other means of public information is accurate and up-to-date. If any errors are reported, the Organizers will try to correct them as soon as possible.
Last update of the Regulation: 14.08.2023