Event Terms, Conditions & General Liability Waiver

1. Parties & Definitions

This General Liability Waiver and Activity Participation Agreement ("Agreement") is entered into between Southwinds ("Organizer", "we", "us", or "our") and the ticket holder or event attendee ("Participant", "you", or "your").

• "Event" means any gathering, party, excursion, multi-day event, or activity organized, hosted, or facilitated by Southwinds, whether held at the primary venue (a private residence), at a third-party location, or during an organized excursion.
• "Venue" means the physical location where the Event takes place, including all indoor and outdoor areas, swimming pools, hot tubs/jacuzzis, gardens, terraces, parking areas, and any adjacent or associated facilities.
• "Ticket" means the electronic ticket purchased through the Southwinds website and associated with your account.
• "Wristband" means the physical access and payment wristband issued at the Event entrance that is linked to your Ticket and account, used to track access and consumable purchases.
• "Consumables" means any food, alcoholic or non-alcoholic beverages, snacks, appetizers, or other items purchased at the Event using the Wristband system.

2. General Assumption of Risk

You acknowledge and voluntarily accept that participation in the Event involves inherent risks, hazards, and dangers — both known and unknown — that cannot be fully eliminated regardless of the care and precautions taken by the Organizer. These risks include, but are not limited to:

• Physical injury, including cuts, bruises, sprains, fractures, or other bodily harm;
• Slipping, tripping, or falling on wet, uneven, or crowded surfaces;
• Illness, allergic reactions, or adverse health events;
• Incidents arising from interaction with other attendees;
• Incidents arising from loud music, strobe lighting, or sensory stimulation;
• Weather-related events, including extreme heat, rain, or storms during outdoor events;
• Incidents during transportation to, from, or between event locations;
• Any other risks inherent to attending social gatherings and events.

You voluntarily assume full responsibility for all risks associated with attending the Event. You confirm that you are in good physical health and have no medical condition that would prevent your safe participation.

3. Swimming Pool & Hot Tub / Jacuzzi Risks

The Venue may include swimming pools, hot tubs, jacuzzis, and other water features. By using these facilities, you explicitly acknowledge and accept the following:

• Drowning risk: Swimming pools and water facilities present a risk of drowning or near-drowning for participants of all swimming abilities.
• Slip and fall: Wet surfaces around pools and hot tubs significantly increase the risk of slipping and falling, potentially causing serious injury.
• Alcohol and water: Consuming alcohol while using water facilities substantially increases the risk of accidents, injury, and drowning. You assume all risk associated with combining alcohol consumption with use of water facilities.
• Hot tub health risks: Extended use of hot tubs or jacuzzis may cause overheating, dehydration, fainting, or cardiovascular stress. People with heart conditions, high blood pressure, diabetes, pregnancy, or those under the influence of alcohol or medication are particularly at risk.
• Unattended swimming: There is no guarantee of lifeguard supervision. You swim or use water facilities entirely at your own risk.
• Children and minors: Parents or guardians are solely responsible for supervising minors using any water facilities at all times.

The Organizer strongly discourages using water facilities under the influence of alcohol or any substances. You acknowledge that failure to follow safety warnings is solely your responsibility.

4. Alcohol & Beverage Policy

Alcoholic beverages may be available for purchase at the Event. By attending, you agree to the following:

• Age requirement: You must be of legal drinking age in your country of residence or the jurisdiction where the Event takes place to purchase or consume alcoholic beverages. Proof of age may be required at any time.
• Personal responsibility: You are solely responsible for monitoring and controlling your own alcohol consumption. The Organizer reserves the right to refuse alcohol service to any person who appears intoxicated or disorderly.
• Overintoxication: You assume full responsibility for all consequences arising from excessive alcohol consumption, including but not limited to alcohol poisoning, injury to yourself or others, property damage, or medical emergencies.
• Impaired judgment: You acknowledge that alcohol impairs judgment, coordination, and reaction time, and you agree not to engage in activities (including but not limited to swimming) while impaired.
• Transportation: You agree not to operate any motor vehicle after consuming alcohol at the Event. The Organizer is not liable for any incidents arising from drunk driving or impaired operation of any vehicle after the Event.
• No BYOB: Bringing outside alcoholic beverages onto the Venue is not permitted unless expressly authorized by the Organizer.

5. Release & Waiver of Liability

In consideration of being permitted to attend the Event, you — on behalf of yourself, your heirs, personal representatives, assigns, and next of kin — hereby release, discharge, covenant not to sue, and hold harmless Southwinds, its owners, operators, directors, employees, volunteers, agents, contractors, affiliates, successors, and assigns (collectively, "Released Parties") from any and all liability, claims, demands, losses, damages, costs, and expenses — including attorney's fees — arising out of or related to:

• Personal injury, illness, disability, or death suffered before, during, or after the Event;
• Loss, theft, or damage to personal property brought to the Event;
• Incidents related to alcohol or substance consumption at the Event;
• Incidents related to the use of swimming pools, hot tubs, jacuzzis, or any other water or recreational facilities;
• Actions or omissions of other attendees or third parties;
• Medical emergencies or adverse health events occurring at or in connection with the Event;
• Incidents during organized excursions, transportation, or activities arranged as part of the Event;
• Incidents arising from any physical activity undertaken at the Event;
• Any act of negligence on the part of the Released Parties, to the fullest extent permitted by applicable law.

This release applies whether the damage, injury, or loss results from the negligence of the Released Parties or otherwise, to the maximum extent permitted by law.

6. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

• Your presence at or participation in the Event;
• Your violation of these Terms or any applicable law or regulation;
• Any damage you cause to the Venue, equipment, property, or other attendees;
• Any claim brought by a third party arising from your actions or omissions at the Event;
• Any injury caused by you to another person, whether through negligence, intoxication, or deliberate action.

7. Property Damage

You are fully responsible for any damage you cause to the Venue, including but not limited to:

• Damage to walls, floors, furniture, fixtures, equipment, or decorations;
• Damage to pool areas, jacuzzi, garden, or outdoor spaces;
• Damage caused by spills, misuse of facilities, or deliberate destruction;
• Damage caused while under the influence of alcohol or any substances.

The Organizer reserves the right to charge you directly for the full cost of repair or replacement of any damaged property. By attending the Event, you authorize the Organizer to charge any outstanding balance for damages to your account or payment method on file, where applicable.

The Organizer is not responsible for personal belongings brought to the Event. You assume full risk for loss, theft, or damage to your personal property.

8. Wristband & Payment System

Upon entry, you will receive a Wristband linked to your Ticket and account. By accepting the Wristband, you agree to the following:

• Account linkage: The Wristband is linked to your Southwinds account and Ticket. All purchases made at the Event using the Wristband will be recorded and associated with your account.
• Personal responsibility: You are solely responsible for all purchases made with your Wristband. Do not share your Wristband with others. If your Wristband is lost, stolen, or transferred, you remain responsible for all charges incurred.
• Unauthorized use: If you believe your Wristband has been lost or misappropriated, you must immediately notify Event staff. The Organizer is not liable for purchases made with a lost Wristband prior to notification.
• Payment: All charges accumulated on your Wristband are due and payable. Payment can be made at the Event exit point or in advance through the Southwinds website. Failure to pay any outstanding balance may result in your account being suspended and legal action being pursued to recover the debt.
• No refunds on consumables: All food and beverage purchases made at the Event are final. No refunds will be issued for consumable items once dispensed.
• Age verification: By using your Wristband to purchase alcoholic beverages, you confirm that you are of legal drinking age. The Organizer reserves the right to request proof of age at any time.
• Wristband return: Wristbands must be returned upon exit. Failure to return the Wristband may result in a replacement fee being charged.

9. Code of Conduct

All attendees are expected to conduct themselves in a respectful and lawful manner at all times. The following behaviors are strictly prohibited:

• Violence, fighting, harassment, intimidation, or threatening behavior toward any person;
• Use, possession, or distribution of illegal drugs or controlled substances;
• Carrying weapons of any kind;
• Vandalism or deliberate damage to the Venue or any property;
• Trespassing into restricted or private areas;
• Sexual harassment or inappropriate conduct toward other attendees or staff;
• Discriminatory language or behavior based on race, gender, nationality, religion, or any other characteristic;
• Excessive intoxication that causes disturbance or endangers other attendees;
• Recording or photographing other attendees without their consent in a manner that violates their privacy;
• Any other behavior deemed disruptive or dangerous by Event staff.

The Organizer reserves the right to remove any attendee from the Event at any time, without refund, for violation of this Code of Conduct or any other provision of these Terms. The Organizer may also involve law enforcement where appropriate.

10. Medical Emergencies & Health

You acknowledge and agree that:

• In the event of a medical emergency, the Organizer may seek emergency medical assistance on your behalf. All costs associated with emergency medical services are your sole responsibility.
• You consent to emergency medical treatment being administered in your absence of capacity to consent, where necessary to preserve life or prevent serious harm.
• You are responsible for disclosing any known medical conditions or allergies to Event staff that may affect your participation or safety at the Event.
• The Organizer does not guarantee the availability of medical personnel or first aid equipment at the Event.
• If you have any medical condition, disability, allergy, or dietary restriction that may be relevant to your attendance, you should bring any necessary medication, equipment, or support with you.

11. Photography, Video & Media Consent

By attending the Event, you acknowledge and agree that:

• The Organizer and its authorized photographers/videographers may capture photos, videos, or other recordings at the Event.
• You grant the Organizer a perpetual, royalty-free, worldwide license to use, reproduce, distribute, and display your likeness, image, or voice as captured at the Event, for promotional, marketing, and social media purposes.
• If you do not wish to be photographed or recorded, you must notify Event staff upon arrival. The Organizer will make reasonable efforts to accommodate this request but cannot guarantee exclusion from all recordings.
• You agree not to record or photograph other attendees in private or sensitive situations without their explicit consent.

12. Multi-Day Events & Excursions

For Events that span multiple days or involve organized excursions to off-site locations, the following additional terms apply:

• You are responsible for your own travel arrangements, including transportation to and from the Event location, unless explicitly included in your Ticket.
• You are responsible for securing your own accommodation for multi-day Events, unless accommodation is expressly included in your Ticket package.
• During excursions, you assume all risks associated with travel, transportation, and activities at the excursion destination.
• The Organizer is not responsible for any accidents, injuries, losses, or incidents that occur during third-party transportation or at third-party venues.
• You are responsible for holding valid travel documents (passport, visa, etc.) required for any Event held outside your country of residence.
• The Organizer reserves the right to modify the itinerary for multi-day Events or excursions at any time due to safety, weather, logistical, or other circumstances.

13. Cancellation & Refund Policy

• Cancellation by Organizer: If the Organizer cancels an Event, you will receive a full refund of the Ticket purchase price. The Organizer is not responsible for any additional costs incurred by you (e.g., travel, accommodation) in connection with the cancelled Event.
• Cancellation by Participant: Ticket cancellations are subject to the refund policy displayed at the time of purchase. Tickets may be non-refundable depending on the Event and how far in advance the cancellation is made.
• Removal from Event: No refund will be issued to any attendee removed from the Event for violating these Terms or the Code of Conduct.
• Force Majeure: The Organizer shall not be liable for any failure or delay in performing its obligations if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, weather events, pandemics, government restrictions, or natural disasters. In such cases, refunds or rescheduling will be offered at the Organizer's discretion.

14. International Attendees

Southwinds welcomes attendees from all countries. By attending as an international guest, you acknowledge that:

• You are responsible for ensuring that your participation complies with all applicable laws in your country of residence and the country where the Event takes place.
• You are responsible for obtaining any required travel documents, visas, or permits.
• This Agreement is governed by the laws of the jurisdiction where the Event takes place, regardless of your country of residence.
• All communications and these Terms are provided in English. By accepting these Terms, you confirm that you have read and understood them, or have obtained adequate translation assistance.

15. Limitation of Liability

To the maximum extent permitted by applicable law, the Released Parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of enjoyment, loss of profit, or loss of data, arising from or related to your attendance at the Event. In no event shall the total liability of the Organizer exceed the amount you paid for your Ticket.

16. Severability

If any provision of this Agreement is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17. Governing Law & Disputes

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Southwinds operates. Any dispute arising from or in connection with this Agreement or your attendance at any Event shall first be attempted to be resolved through good-faith negotiation. If resolution cannot be reached, the dispute shall be submitted to the competent courts of the applicable jurisdiction.

18. Changes to These Terms

The Organizer reserves the right to update or modify these Terms at any time. Updated terms will be posted on the Southwinds website. Your continued participation in Events following the posting of changes constitutes your acceptance of the revised Terms.

19. Contact

For questions or concerns regarding these Terms, please contact us at: support@southwinds.art