by Organizer

TERMS OF AGREEMENT

Welcome to the Borromeo Music Festival website: www.borromeomusicfestival.org (the “Site”).

The following terms and conditions (“Terms”) govern together with our Privacy Policy all use of our website and all content, services, and products (“Services”) available at or through the website and during the music festival. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Borromeo Music Festival’s Privacy Policy) and procedures. You agree to be bound by these Terms. Furthermore, you agree that we may modify and replace any of our Terms or Privacy Policy by posting them on our Site. Your continued use of the Site constitutes acceptance of those modifications.

Please read this agreement carefully before accessing our Site or using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms of this Agreement. If you do not agree to all the Terms of this Agreement, you may not access or use any of our services.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. You agree to provide us with complete and accurate information when you use our Services. If you are over thirteen years of age but under the age of eighteen, you may only use this Site with the consent of your parent or guardian, and if your parent or guardian has agreed to be bound by the Terms.

General representation and warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Borromeo Music Festival Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Access

You understand and agree that the Borromeo Music Festivals owns all content and all right, title, and interest in the text, data, music, artwork, database, graphics, images, design, sound recordings, audio and visual clips and general style of its Site. You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your personal use, and you agree that you will not reproduce or copy any content of the Site without express permission of the Borromeo Music Festival.

Electronic communications

By using our Site and the Services of Borromeo Music Festival, you agree to receive from us electronic communications in the form of email and postings on our Site. Any of these communications are regarded as transmitted and received on the date they are made by us.

Payments and refunds

By applying to the Borromeo Music Festival as a student, you agree to pay the application fee at the time you submit the application. You also agree that upon notification of acceptance to the program, you will make a payment of the required $1,000 USD deposit and notify the festival of your participation. Guests/auditors pay a deposit of $500 USD at the time of registration. After this, full payment of all tuition fees are required according to the payment schedule outlined on our Site.

The following is our refund policy for students:

  • The application fee for students is non-refundable.
  • Upon acceptance, students need to make a deposit of $1,000 USD ($500 for tuition and $500 for room & board) to confirm their participation and secure their spot in the festival.
  • A space at the festival is not secured and may be subject to cancellation if the deposit is not received in a timely manner.
  • The deposit will be applied towards the total cost of attendance. It is non-refundable.
  • Payment of the remaining balance is due in full by March 22, 2020. If applying after March 22, the full tuition is due upon notification of acceptance.
  • Festival fees are non-refundable in the event of a student’s withdrawal except in the case of a medical emergency with supporting documentation from a hospital and/or doctor.
  • In cases where students or parents need to arrange for a payment plan, please contact the festival

The following is our refund policy for guests/auditors:

  • A deposit of $500 USD must be made at the time of registration. The deposit is non-refundable.
  • Payment of the remaining fees is due in full by April 15, 2020. Festival fees for guests and auditors are non-refundable after May 1, 2020.
  • If registering after April 1, 2020, please contact the festival first to check availability.

Beyond the refund policy outlined above, you agree to release the Borromeo Music Festival, its contractors, licensors, agents, employees and affiliates from any claim arising from cancellation of the festival due to a cause beyond its reasonable control, including, but not limited to, acts of government, labor disputes, strike, embargos, major illness, epidemics, pandemics, natural disasters and other acts of God. The Borromeo Music Festival is not in default of its obligations to its participants when it is prevented from carrying out the festival by one of these causes. In case of cancellation of the festival due to one of these causes the Borromeo Music Festival refunds participants their paid tuition and room & board fees, as well as guest fees. Alternatively, participants have the option of having their tuition and room & board fees carry over to the following summer festival session. All participants are responsible for their own travel arrangements to and from the festival, as well as any travel health insurance they may want to purchase. The festival is not responsible for any unrefunded expenses related to travel, including but not limited to plane tickets, train tickets, food and lodging expenses, personal expenses, and the cost of travel insurance. 

Termination

Borromeo Music Festival may terminate your access to all or any part of our Services at any time, with or without prior notice, and effective immediately, should you breach any provision of these Terms or of our Privacy Policy.

Disclaimer of warranties

Our Services are provided “as is.” The Borromeo Music Festival hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of its services through the Site and its operation of the summer festival. Neither Borromeo Music Festival nor its suppliers, collaborators, teachers or administrators of the venue make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you visit our Site and participate in our music festival at your own discretion and risk. 

Limitation of liability/Indemnification

In no event will Borromeo Music Festival be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, indirect, incidental, consequential or punitive damages, or the cost of procurement for substitute instruments or other equipment. Borromeo Music Festival shall have no liability for any failure or delay with its Services due to matters beyond their reasonable control. You agree to indemnify and hold harmless Borromeo Music Festival, its contractors, licensors, agents, employees and affiliates from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of the Terms of this Agreement. This agreement shall be governed, construed and interpreted according to the laws of the State of California that pertain to agreements executed and performed wholly therein, without regard to its conflicts of laws provisions. Should any dispute arise regarding this Agreement, the Site, or any services of the Borromeo Music Festival, you agree to be bound by personal jurisdiction in the State of California, in a State or Federal venue located within the County of Los Angeles.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

 Last update: March 16, 2020

© 2020 Borromeo Music Festival