MusicFest Tour Terms and Conditions (Agreement)

1. General: Thank you for choosing Dickson Productions, Inc. Upon full payment of the Tour price by the “Tour Participant” also referred to as “You, Your or Participant” as named in the Reservation Agreement, Dickson Productions, Inc., 6425 S. IH 35 Suite 150, PMB #293 in Austin, TX 78744-4230, also referred to as “DP”, agrees to provide the services specified in the accompanying advertisement and/or website subject to these Terms and Conditions also referenced to as this “Agreement”. This Agreement shall be effective when the Agreement is properly completed, signed and payments therein specified are received and accepted by DP. If DP does not receive Your completed Reservation Agreement, DP cannot and will not include You on the Tour. Neither You, Your representatives, nor your travel agent may modify, add, or delete any terms of this Agreement. Any individual who takes part in any of the activities or events on the MusicFest have agreed, by their participation to the Terms and Conditions set forth herein regardless of whether they signed these Terms and Conditions. Further, the signature of one spouse on behalf of another or signing a spouse’s name constitutes the acceptance of the Terms and Conditions set forth herein by both spouses as Participants on the MusicFest Tour. You must be 18 years of age or older to participate in this Tour. Any Participant under the age of 18 must be accompanied by a legal guardian or parent at all times during the Tour, including but not limited to, any and all activities, events, and concerts conducted by DP.

2. Payments: All checks are to be made payable only to Dickson Productions, Inc. Final payments must be received on or before October 28, 2011. Any person that makes a reservation within 70 (seventy) days of the beginning date of the Tour must pay in full. DP is not responsible for reservations when final payments are not received on time in which the cancellation policy as stated herein below will take effect. All payments made within 30 (thirty) days prior to the start date of the Tour must be paid by cashier’s check or money order. DP does not take responsibility for losses of, misdelivery of or delays in mailing. DO NOT MAIL CASH. A late sign-up fee in the amount of $20.00 will be added to the Tour package price when DP receives reservation deposits after September 29, 2011, an additional $15.00 charge per week will be applied if You have not paid Your final balance by the due date. All reservations are made on a first come, first serve basis.

3. Cancellation Policy: There is a $100.00 (ONE-HUNDRED DOLLARS AND NO CENTS) cancellation fee. All cancellations must be made in writing signed by the Participant. No refunds will be given if the written cancellation is received after October 28, 2011. The cancellation policy will be in effect if payments are not received on time or a written cancellation notice is not received by DP on or before the above date. DP is not responsible for lost payments or delays in mailing. Cancellations made by telephone must be signed and confirmed in writing by fax or mail and received by DP within 3 (three) days of the date of the telephone cancellation from the Participant that cancels. See paragraph 9, Participant Substitution for refund options.

4. Recording, Photography, or Video Taping: Activities during the entire MusicFest Tour (or any DP event), including but not limited to, all scheduled performances and activities in all venues, public areas, lodging properties, and any location deemed necessary or appropriate for recording as determined by DP, photographing, or video taping may be photographed and/or recorded conducted for future rebroadcast, advertising, or commercial purposes. By participating in said Tour and or entering any venues, activities, or areas related to the Tour, You are consenting to being recorded, photographed and/or videotaped without payment or remuneration of any kind. DP does not offer or provide any surveillance or security cameras, video taping or recording for any security issue whatsoever. Further, any recording, photographs or videos of any nature are the sole property of DP.

5. Refundable Incidental/Damages Deposit: A $25.00 per person refundable incidental/damage deposit is due with final payment. This deposit may be used at DP’s discretion for any purpose whatsoever, including but not limited to, damages or expenses which require attention from DP and/or any of its representative. This deposit will not be refunded if the Participant does not sign this Agreement on or before the first day of the Tour. If you sign this Agreement on or before the first day of the Tour, and if there are no damages to Your room, public or common areas, or areas used or occupied by Your MusicFest group and Your deposit will be refunded within 90 (ninety) days of the last scheduled day of the Tour. Within 2 (two) hours of check-in to Your unit, the occupants of the unit must complete and return the unit or room condition form to the hotel management, condominium management, or DP. Before checking out, it is Your responsibility to pay all incidental unit or room charges.

6. Returned Checks: DP shall collect a $30.00 (THIRTY DOLLARS AND NO CENTS) charge for any returned checks. The $30.00 returned check fee plus the original amount of the check must be paid to DP within 72 (seventy-two) hours of verbal or written notification by DP or reservation will be canceled. Thereafter, the amount due must be paid by money order, cashier’s check, or certified check.

7. Collection Costs: Participant agrees to pay reasonable attorneys fees and other expenses incurred by DP in the collection of unpaid damages, insufficient or stopped checks, credit card reversal or misrepresentation or other losses or damages under this Agreement if such collection is deemed necessary by DP.

8. Occupancy: Prices are based on maximum occupancy. If Your unit or room is not filled to maximum occupancy due to cancellations or inability to fill vacant space(s) by Tour Participants, the remaining Participants in the unit or room will be charged pro rata for the vacancy and the pro rata charge must be paid in full prior to checking into the unit or room. Occupancy is based on size of lodging you choose. For example, a 2 bedroom condo sleeps six: 2 per bedroom and 2 on sleeper sofa in most cases. Dickson Productions does not sell rooms above the maximum occupancy level.

9. Participant Substitution: A Substitute may attend the Tour in place of the original Participant. However, the original Participant is responsible for all financial obligations and the Terms & Conditions in the event the Substitute fails to comply with them. A $50.00 (FIFTY DOLLARS AND NO CENTS) name change fee is required. The Substitute must complete all reservation requirements, including those stated under the payments section which must be sent to and received by DP along with a written notice of a substitution by You. Substitute must agree to and sign this Agreement.

10. Roommate Request: You may choose your roommate(s). A roommate request must be received on or before October 28, 2011 from each Participant. In case of conflicting roommate requests, DP will assign roommates. Individuals that are not DP paid Participants may not stay in Your unit or room. Having people stay in Your unit or room that are not DP paid Participants of the Tour will result in the eviction of You and all Participants in the unit or room from the Tour in its entirety. If evicted, You and all other Participants in that unit or room will not receive a refund for any portion of the Tour.

11. Participant’s Requested Changes: All requests for any changes from the advertised Tour must be received in writing by DP on or before October 28, 2011. Such changes include, but are not limited to, roommate changes, date changes, accommodation changes, and transportation changes. Changes are not effective until approved in writing by DP. A $50.00 (FIFTY DOLLARS AND NO CENTS) service fee may be charged for any changes.

12. Refunds: No refunds will be given for any unused portions of the Tour including, but not limited to, transportation, rentals, accommodations, activities, unused activity passes, or optional items. Refunds may apply only where injury, illness or medical attention is required and prohibits the Participant from participation in the Tour. The decision of whether a refund will be given, either in whole or in part, is solely within the discretion of DP. Unused ski rentals and lift tickets prepaid to DP may be refunded when a written physician’s statement of illness is received in the mail by DP by January 31, 2012. Included with the physician's statement, should be the lift and/or rental voucher. The lift and/or rental voucher must be in acceptable condition. Refunds will not be issued for used lift and/or rental vouchers. However, DP will attempt to seek a refund for any other unused lift tickets and/or unused rental vouchers with the ski corporation. The unused lift tickets and rental vouchers must be received by DP no later than January 31, 2012.

13. Flight Information: Airline and transfer restrictions are established by the company providing those services. You are responsible for the restrictions and any fees associated with them. When making connecting flights, allow adequate time for delays or changes in scheduling. DP cannot and does not accept responsibility for a Participant’s failure to verify flight times and/or transfers with the airline.

14. Participant’s Conduct Policy: DP, law enforcement, and/or the property management reserve the right to deny that any Participant stay in the accommodations or to be involved in any activities or events at any time during the duration of the Tour caused by any, conduct, action, problem or issue associated with or caused by any Participant that may harm or interfere with the enjoyment of other Tour participants for any reason whatsoever. There will be no refunds of any deposits, fees or charges of any type if any part of the Conduct Policy is violated. The decision as to whether the Participant’s Conduct Policy has been violated is solely within the discretion of DP.

15. Insurance: DP recommends the purchase of comprehensive travel insurance plans for, Tour cancellation protection, air travel, personal liability, lost or stolen luggage, including but not limited to, accidental death/dismemberment, and medical coverage. DP is not responsible for flight cancellations, lost or stolen luggage, incarceration, personal injury, including death, theft or losses of any nature.

16. Trip Agenda and Event Schedule: DP does not accept responsibility for Your or any qualifying Substitute’s failure to verify travel, Tour dates, time and location of check-in, check-out, and times of all activities and events. Check-in procedures and information will be available on line at www.themusicfest.com approximately 30 (thirty) days before the first date of the Tour unless otherwise noted. You may request a written version of the Tour Agenda and Events Schedule by calling or writing DP. DP is not responsible for loss, delay or misdelivery of mail or for an incorrect address on Your sign-up form. The Tour Agenda and Events Schedule will also be available at check-in.

17. Additional Hotel or Condominium Charges: Some properties (condominiums or hotels) may charge a daily or weekly fee or valet fee for parking Your vehicle. These fees are Your sole responsibility. Some properties may not allow oversized vehicles or trailers including, but not limited to, motor homes, recreational vehicles, buses, travel trailers, etc. or may charge a fee to park such oversized vehicles. Any such fee is Your sole responsibility. Additional fees may include, but not be limited to, bellman luggage fees, room service fees, etc. Again, any such fees are the sole responsibility of the Participant. Contact the property front desk or management for information regarding these or any other fees.

18. Entertainment Portion of Tour: DP is not responsible for the cancellation of, lack of seating capacity for, or the unavailability of, all or any part of the celebrity Entertainment Portion of the Tour. Events, activities, and entertainment packages are subject to change without prior notice. Events are held in large and small capacity venues. Some venues may fill to capacity with only one-out-one-in access. DP will not refund any portion of the Tour price due to cancellations or unavailability of the Entertainment Portion of the Tour for any reason.

19. Website Errors: DP does not represent, warrant or guarantee that the website is free of pricing and description errors and/or changes. DP reserves the right to correct, change and charge for pricing errors, discrepancies and/or changes, if any.

20. DP Not Liable: DP is acting solely as an agent. It is only responsible for making the arrangements for accommodations and services which constitute the Tour, except to the extent that accommodations or services cannot be supplied due to reasons beyond its control. DP is not in any way liable for personal injury, death, property damage or loss arising out of any act, omission or negligence of any transportation entity, including but not limited to, any air carrier, motor coach company, hotel, condominium or resort, any employee or agent or representative thereof, or any person or entity rendering any services or accommodations in connection with the Tour. Furthermore, DP is not in any way responsible for any injury, damage or loss, theft, accident, or any loss while traveling to and from and/or while on the Tour, including but not limited to, participation in any events on the Tour. DP is not responsible for weather conditions that preclude the conduction of any Tour events or activities. Refunds will not be given due to inclement weather.
If the original advertised Tour property becomes unavailable for any reason, DP reserves the right to substitute accommodations that are the same or similar to those initially represented. DP does not represent, warrant or guarantee that other accommodations will be made available.
Participant assumes any and all liability when participating in any of the activities offered at DP or the Steamboat Ski Resort Corporation. DP is not liable for any claims whatsoever for personal injury, illness, death, or damages of any other kind as a result of or caused by Your participation on this Tour or Your participation in any of the activities and/or events offered at Steamboat Springs, CO. and/or The MusicFest. Further, You fully understand that by participating in any of the activities offered by Steamboat Ski Resort Corporation and/or The MusicFest in connection with this Tour, such are completely voluntary on Your part. Further, You assume all risks and personal liability associated with activities and/or events.
Participant declares that they do not suffer from mental, physical, or other conditions or disabilities which could preclude them from participation in the activities and/or events offered at Steamboat Ski Resort Corporations and/or The MusicFest. DP, Steamboat Ski Resort Corporation and/or The MusicFest reserve the right to deny anyone from participating in any of the scheduled activities and/or events due to the above. Further, Participant fully understands that taking prescribed and or illicit drugs or drinking alcohol may impair reaction time, judgment, or general health and may impair the ability to participate in any of the activities and/or events. DP is not responsible for any accident or injury of any nature due to any Participant’s ingestion of prescription, illicit drugs and/or alcohol or any other substance.
DP is not responsible for Your safety while participating in any of the activities or events on the Tour. Further, DP shall be held harmless and is not liable to You for any of the acts and/or omissions, liabilities, including claims, demands, losses, costs, damages and expenses (including reasonable attorneys’ fees) from You or any Substitute for any claims of other Participants, event guests or third parties arising out of or in connection with DP employees, its operations, actions, equipment, negligence, property damage and/or personal injury. Participants agree to adhere to all warnings and regulations stated by the Steamboat Ski Resort Corporation and/or The MusicFest and associated activities.

21. INDEMNIFICATION.
participant agrees to indemnify dp from the consequences, if any, of any fault, causation, intentional act, criminal activity, crime, negligence, gross negligence, negligent entrustment, negligence per se, breach of duty, statutory violation or tortious conduct alleged on the part of dp, its agents, servants employees, including but not limited to, dickson productions, inc. and/or john Dickson individually or in any other capacity should any intentional act, criminal activity, or crime, breach of duty, tortious conduct, statutory violation, negligence, gross negligence, negligent entrustment, negligence per se, fault or causation ever be alleged or proved against dickson productions, inc. and/or john dickson individually arising out of or based in whole or in part on the tour and/or any activities conducted or offered during the tour, including travel to and from the tour destination. The indemnity is payable and performable in travis County, Texas. It is expressly understood that the indemnity and hold harmless agreements provided for herein are intended to indemnify and hold harmless DICKSON PRODUCTIONS, INC., and/or JOHN DICKSON INDIVIDUALLY for their liability OR negligence. Participant expressly agrees that these indemnity provisions comply in all respects with what is commonly referred to in Texas law as the “express negligence doctrine” and/or rule, and the participant expressly agrees not to assert lack of compliance with that doctrine or rule or any other defense to these indemnity provisions as a defense to attempts to enforce them or as a basis for not complying with them.

22. In the event of judicial action or proceedings of any kind or nature whatsoever arising out of or in connection with the Tour, DP and/or this Agreement, the parties agree that said action or proceedings shall be initiated and maintained only in the United States District Court for the Western District of Texas, Austin Division, Texas or in the Texas State District Court in Travis County, Texas. Participant irrevocably submits to the exclusive venue and jurisdiction of such courts for any such action or proceedings. Participant hereby irrevocably waives their choice of venue and/or the defense of an inconvenient forum to the maintenance of such action. Participant hereby irrevocably consents to the service of any and all citation and/or process in any action or proceeding by regular mail to the address Participant provided to DP on the Reservation Agreement.

23. In the event that a judicial action or any proceeding shall occur, and representation is necessary to collect or enforce the Terms and Conditions of this Agreement the promoting party is entitled to the recovery of all costs and expenses of enforcement of the Terms and Conditions of this Agreement, including reasonable attorneys’ fees.

24. Additional terms, conditions, releases and/or waivers of liability may be requested by the Tour activity provider. Your agreement to such terms, conditions, releases and/or releases are at Your discretion and do not affect or alter the Terms and Conditions of this Agreement between you and DP.