By checking the acceptance box and completing my ticket purchase, I agree to this Consent, Waiver, Release and Conditions of Entry (“Release”) with Oldtone Arts, Inc. / Grass Fed Arts Corp., and their respective owners, directors, officers, donors, members, managers, affiliates, agents, employees, contractors and volunteers, and the owners of the Festival site, Matthew and Lisa Schober (collectively, “OT”), in connection with the Oldtone Roots Music Festival, at Cool Whisper Farm, Hillsdale, New York (the “Festival”). I am at least 18 years old. Part A contains my own agreements as the ticket purchaser. Part B contains the Conditions of Entry, which apply to every person who attends the Festival, including me. THIS RELEASE INCLUDES AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY, AN AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

Part A — Ticket Purchaser Agreements

1. Attendees; Accuracy of Information. I am purchasing tickets for myself and for the persons whose names I have supplied to OT (each person attending the Festival on a ticket I purchase, including me, an “Attendee”). I represent that all information I have supplied to OT, including the name of each Attendee, is accurate, and if such information changes, I will promptly inform OT. I will provide a copy of this Release, including the Conditions of Entry in Part B, to each Attendee before the Festival. I understand that each Attendee’s admission to the Festival is conditioned on the Attendee’s acceptance of the Conditions of Entry, and that OT is relying on my agreements in this Part A in selling tickets to me.

2. Minors. If any Attendee is under 18 years of age (a “Minor”), I represent that I am the Minor’s parent or legal guardian, or have obtained the consent of the Minor’s parent or legal guardian to bring the Minor to the Festival, and that the Minor will be accompanied and supervised by a responsible adult at all times while at the Festival. I have read the description of the Activities and their risks in Part B and will explain it to each Minor for whom I am purchasing a ticket. I consent to OT summoning emergency medical services for any Minor in my care.

3. Indemnity. I agree to indemnify, defend and hold harmless OT from and against any claims, losses, penalties, expenses or damages (including, without limitation, reasonable outside legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against OT to the extent arising out of (a) any inaccuracy in the information or representations I have provided in this Release, or (b) any injury to any person, damage to property, or violation of the Conditions of Entry or of applicable law caused by me or by any Attendee for whom I purchased a ticket. This indemnity does not apply to claims brought by or on behalf of a Minor.

4. Media Consent. I consent to OT and its licensees photographing, filming and recording me at the Festival and using my name, image, likeness and voice, in any media now known or later developed, to document, promote and archive the Festival and OT’s programs, without compensation to me. I understand that each Attendee gives the same consent under the Conditions of Entry.

5. Ticket Terms. All ticket sales are final. The Festival takes place rain or shine, and no refund will be given because of weather, because an Attendee does not attend, or because an Attendee is refused entry or removed for violating the Conditions of Entry. If the Festival is cancelled, shortened or interrupted because of weather, a government order, or another cause beyond OT’s reasonable control, OT may in its discretion offer a refund, credit or rescheduled date, but is not required to do so. If I transfer a ticket to another person, I will provide this Release to that person, and that person will be an Attendee bound by the Conditions of Entry.

6. Arbitration; Class Action Waiver. I agree that all disputes, controversies, or claims between me and OT arising out of or relating to this Release, my ticket purchase, or the Festival shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis, unless prohibited by law. Any such arbitration shall be filed with the American Arbitration Association (“AAA”) and conducted in accordance with its Consumer Arbitration Rules. It is understood that any such arbitration will be final and binding and that by agreeing to arbitration, I am waiving the right to seek remedies in court, including the right to a jury trial, and that a party’s right to appeal or vacate, or seek modification of, the arbitration award is strictly limited by law. Either party may instead bring an individual claim in small claims court if the claim qualifies. OT sells Festival tickets online to purchasers in many states, and this arbitration provision is governed by the U.S. Federal Arbitration Act. Otherwise, the terms of this Release shall be governed by the laws of the State of New York, without regard to its conflict of laws principles. Any in-person arbitration hearing will take place in Columbia County, New York, unless the AAA Consumer Arbitration Rules require otherwise. Arbitration fees and costs will be allocated as provided in the AAA Consumer Arbitration Rules and fee schedule, and each party will be responsible for its own counsel fees except as otherwise provided by applicable law.

Part B — Conditions of Entry (Applicable to Every Attendee)

1. Acceptance. These Conditions of Entry apply to every person who enters the Festival grounds, whether or not that person purchased their own ticket. By presenting a ticket, receiving a wristband, or entering the Festival grounds, each Attendee accepts these Conditions of Entry. They are also linked from each ticket, posted at the Festival entrance, and available at oldtone.org/ConditionsofEntry.

2. Activities. The term “Activities” means all activities that take place at the Festival or its related programs, including, but not limited to, events or services provided, arranged, organized, conducted, sponsored or authorized by OT, whether on or off the Festival grounds, including camping; dancing; performing, playing and listening to music; cooking or consuming food or drink; fire-building; games; athletic events; participating in workshops, classes and group activities; and any other use of the Festival grounds, stages, roads, parking and camping areas, facilities and equipment.

3. Inherent Risks. Each Attendee understands that the Festival takes place outdoors on a working farm and that participation in the Activities involves inherent risks of injury, illness and death, including cuts, falls, burns, sprained or pulled muscles, dislocation, broken bones, smoke inhalation and allergic reactions; uneven, wet, slippery or unlit terrain, including the path between the lower and upper camping areas; tents, stakes, guy-lines, campfires and camp stoves; vehicles, trailers and RVs moving in and through parking and camping areas; farm equipment, fencing, structures and natural objects; weather, including rain, lightning, heat, cold and high wind; ticks, insects and farm, domestic or wild animals; crowds and stage areas; amplified sound and hearing damage; the effects of alcohol; infectious disease contracted through viruses, bacteria, parasites, and fungi, which may be transmitted through direct or indirect contact; negligence of other persons and, to the fullest extent permitted by law, negligence on the part of OT; and other risks associated with the Activities.

4. Assumption of Risk; Health and Medical Care. Each Attendee voluntarily elects to participate in the Activities and assumes full responsibility for any loss, personal injury or damage to property that the Attendee may sustain as a result of engaging in the Activities, whether caused by the negligence of OT (to the fullest extent permitted by law) or otherwise. Each Attendee is responsible for the Attendee’s own health and fitness to attend the Festival and for managing the Attendee’s own medical needs, including allergies and sensitivities, and should carry any medication the Attendee may need. OT does not warrant that any food or drink sold or served at the Festival is free of any allergen. In the event of an emergency, each Attendee authorizes OT to summon emergency medical services on the Attendee’s behalf, authorizes emergency personnel to render immediate aid to the Attendee, and is responsible for the cost of any medical treatment and transport.

5. RELEASE. IN CONSIDERATION OF BEING PERMITTED TO ATTEND THE FESTIVAL AND PARTICIPATE IN THE ACTIVITIES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EACH ATTENDEE RELEASES, WAIVES AND DISCHARGES OT FROM, AND COVENANTS NOT TO SUE OR BRING ARBITRATION AGAINST OT FOR, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE OR INJURY THAT THE ATTENDEE, OR ANY OF THE ATTENDEE’S PROPERTY, MAY SUSTAIN RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE ATTENDEE’S ATTENDANCE AT THE FESTIVAL OR PARTICIPATION IN THE ACTIVITIES, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE OR INJURY IS CAUSED BY THE NEGLIGENCE OF OT AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE RELEASED UNDER APPLICABLE LAW, AND IS INTENDED TO BE ENFORCED TO THE MAXIMUM EXTENT THE LAW ALLOWS.

6. Conduct; Festival Rules. Each Attendee will comply with the Festival rules posted at oldtone.org and at the Festival, and with the directions of OT staff and volunteers. Without limiting those rules: no outside alcohol may be brought into performance areas, and alcohol will be served only to Attendees 21 years of age or older with valid identification; no glass containers; no pets other than service animals; no fires except in designated areas and in accordance with staff instructions; no illegal drugs, weapons, fireworks or drones; proper footwear must be worn at all times, including while dancing and walking on the Festival site; generators may be run only during posted hours; and vehicles, trailers and RVs may be driven only where and when permitted, and at walking speed. Every Minor must be accompanied by a responsible adult at all times. As a condition of entry, each Attendee consents to a reasonable search of the Attendee’s bags, vehicle and camping area for prohibited items. OT may refuse entry to, or remove from the Festival, any Attendee who violates these Conditions of Entry or whose conduct OT reasonably determines to be unsafe or disruptive, without refund.

7. Personal Property. OT is not responsible for the loss, theft or damage of any Attendee’s personal property, including vehicles, camping equipment, instruments and electronics, and does not provide secure storage.

8. Media Consent. Each Attendee consents to OT and its licensees photographing, filming and recording the Attendee at the Festival and using the Attendee’s name, image, likeness and voice, in any media now known or later developed, to document, promote and archive the Festival and OT’s programs, without compensation.

9. Weather and Safety. The Festival takes place rain or shine. OT may delay, suspend or cancel performances or Activities, close areas of the Festival grounds, or direct Attendees to shelter or evacuate when OT determines in its judgment that conditions are unsafe, and each Attendee will comply promptly with those directions.

Part C — General Terms

By checking the acceptance box and completing my purchase, I acknowledge that I have carefully read this Release and fully understand its contents, that my electronic acceptance has the same effect as a handwritten signature, and that OT will keep a record of my acceptance. I am aware that this is a release of liability and a contract between me and OT, and that the Conditions of Entry in Part B apply to each Attendee. I understand that I have the right to have an attorney of my choosing review and advise me as to the terms and conditions of this Release. This Release, together with the Festival rules and ticketing terms published by OT, constitutes the complete understanding between me and OT regarding the Festival, and supersedes any and all prior agreements, understandings, and discussions, whether written or oral, between me and OT on its subject matter. In the event any provision or part of this Release is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Release, will be inoperative, and any provision found to be overbroad will be enforced to the maximum extent permitted by law. No other promises or agreements shall be binding unless in writing and signed by both me and OT after the date of this Release.