Welcome to ThistyFest Denver (the “Event”)! We’re excited to have you! The Event is operated by Rocky Mountain Water Environment Association, a Colorado non-profit corporation, and is a fundraising event benefitting Water For People, also a Colorado non-profit corporation.

By purchasing a ticket or attending the Event, YOU AGREE YOU HAVE READ, FULLY UNDERSTAND, AND AGREE TO THE FOLLOWING IMPORTANT EVENT INFORMATION, INCLUDING THE WAIVER, ASSUMPTION OF RISK, RELEASE, AND ARBITRATION PROVISIONS IN THEIR ENTIRETY. You further agree to the rules, regulations, and terms of use for the Event as contained herein, posted at the Event, or provided or communicated to you at the Event or by Event personnel. Breach of the below Terms or rules will terminate your license to attend the event without refund.

1. Rules and Terms of Use (collectively, the “Terms”).

• Alcohol:

• Persons younger than the Colorado-legal drinking age of 21 may not, under any circumstance, drink alcohol.
• Do not consume alcohol in excess. We reserve the right to deny any guest who we reasonably believe is visibly intoxicated from consuming or being served any additional alcohol, and to require that individual to leave the Event without refund or reimbursement.
• It is illegal and impermissible to take or consume Event alcohol outside the Event boundaries.
• You will not be permitted to consume alcohol without a valid identification of your age, including by a driver’s license, military ID, passport, or similar identification card.

• Event and Venue:

• Please do not cause harm to the venue or attendee/third-party property, including outdoor fixtures, stage equipment, vendor or brewery equipment, lawn or lawn equipment, band equipment, structure walls, facilities, or any other Event or third-party property.
• We reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct we deem to be disorderly, vulgar, abusive, or who fails to comply with our rules.
• The Event is a public event. Your appearance and actions at it are accordingly public in nature. You agree you have no expectation of privacy with regard to your actions or conduct at the Event.
• 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 Event, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers, and firearms as applicable under applicable state and municipal laws.
• Event times are subject to change.

• License:

• You grant us permission 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.
• Minors:

• While the Event may appeal to children, the Event and this website (the “Site”) are not targeted at children under the age of 13. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.
• Any person 18 years of age or under are the responsibility of their parent or guardian at the Event.
• An adult must be with a minor at all times at the Event.
• Parents or guardians are responsible for all conduct of their minors at or related to the Event.

• Tickets:

• All sales are final. Tickets are non-refundable and non-transferable.
• Prices are subject to change and shall be effective when posted to the general public.
• Occasionally, concerts or events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that concert. For exact instructions on any canceled or postponed concert, please check the concert information online or contact us. All refunds will be for the specific amount paid.
• A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount.
• A ticket is not redeemable for cash.

• Violation of these Terms:

• We may investigate any violation of these Terms. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take any legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms, which will not limit our other, available remedies against you.
• You agree that we will not be liable to you or any third party in relation to your conduct in violation of these Terms.

2. Risks. Risks of participating in the Event include:

• Injuries related to the Event or venue, including but not limited to fractures, sprains, concussions, muscle tears and strains, death, stroke, seizures, cardiac issues, overheating, heatstroke or dehydration, and issues related to lack of fitness or conditioning.
• Injuries caused by slipping, tripping, or falling due to uneven ground or other characteristics of the Event or the Event venue
• Food allergies. If you have any food allergies, please be sure to verify the ingredients of each product you consume at the Event. The Event is not the producer of and is not independently responsible for any food or drink available at the Event.
• Loud music and ear damage.
• Any issues or injuries related to alcohol consumption by any individual, including but not limited to excessive drinking, alcohol poisoning, driving under the influence, loss of balance or inhibitions, or physical injury, including death.
• Please use reasonable precautions at all times in relation to any potential interactions with automobiles and busy roads, including when leaving the Event.
• As a consequence of these risks, you understand you could be seriously hurt or disabled, or your property could be damaged.
• You further understand and agree you will have to pay for any medical care or evacuation you need or incur as a result of your attendance at the Event, or any injuries suffered during, related to, or arising from the Event.
• Covid 19 Warning. An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death.

3. Assumption of the Risks. By attending the Event, you voluntarily assume all risks of the Event, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS, CONDITIONS, AND CIRCUMSTANCES LISTED IN SECTION 2, as well as any other risks not listed and related to your participation in the Event. You further understand the description of the Risks herein may not be complete. You understand your participation is at all times voluntary, although a refund may not be issued pursuant to these Terms.

4. Release of Liability. By purchasing a ticket, you voluntarily, unconditionally, and irrevocably release RMWEA and the Event, including their employees, volunteers, members, agents, directors, officers, vendors, suppliers, advertisers, contractors, agents, licensees, representatives, insurers, and attorneys (collectively, the “Related Parties”) from all liabilities, causes of action, claims or demands that arise in any way from any injury, death, loss or harm that occur to you during the Event, or in any way related to the Event.

5. Indemnification. If anyone brings a claim against us related to your use of the Site or your violation of these Terms, you agree to indemnify, defend, and hold us and the Related Parties harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs) related to that claim. 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.

6. Limitation of Liability. Limitation of Liability. IN NO EVENT WILL WE OR THE RELATED PARTIES 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 OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE EVENT, 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. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT, ASIDE FROM THE INDEMNIFICATION PROVISION ABOVE, WILL ATTORNEY 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, ATTORNEY FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH.

7. Disputes, Including Mandatory Arbitration and Class Action Waiver. Any dispute or claim relating in any way to your attendance, participation, or otherwise to the Event will be resolved by binding arbitration rather than in court, with the following exceptions:

• You may assert claims in small claims court if your claims apply;
• In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within the City and County of Denver, Colorado, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. WE EACH AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

8. Questions. If you have any questions, comments, or complaints, please contact us at:

Rocky Mountain Water Environment Association
1566 Saint Paul Street, Denver, CO 80206
(303) 383-2475
[email protected]
Care of Alesandra Reed

DO NOT COMPLETE YOUR TICKET PURCHASE UNLESS YOU HAVE COMPLETELY READ, FULLY UNDERSTAND, AND AGREE TO ALL OF THE ABOVE INFORMATION, TERMS, AND PROVISIONS, WITH THE INTENT TO BE BOUND BY THEM