WELCOME TO IVANA KUPALA
PLEASE NOTE THAT BEFORE PURCHASING OR RESELLING ANY TICKETS THROUGH THIS SITE YOU MUST AGREE WITH FOLLOWING TERMS & CONDITIONS:
WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in UKRAINIAN SUMMER SOLSTICE
CELEBRATION (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activityand being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively,
"Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age),
knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or
causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge IVANA KUPALA 2022 , located at 12460 375th St, North Branch, Minnesota 55056,
their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and
assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my
participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE
ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS
ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,
SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),
ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY
ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE
ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED
RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any
kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's
fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or
entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or
treatment, I authorize Ivana Kupala 2022 to provide all emergency medical care deemed necessary, including but not limited
to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel.
I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such
treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with
it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able
and properly trained, and I agree to abide by the decision of the Ivana Kupala 2022 official or agent, regarding my approval to
participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Ivana
Kupala 2022 AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS,
HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR
CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE
TO BRING A LEGAL ACTION AGAINST Ivana Kupala 2022 FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such
negligence on the part of Ivana Kupala 2022, its agents, and employees.
I agree that this Release shall be governed for all purposes by Minnesota law, without regard to any conflict of law principles.
This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions,
neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of
neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION
IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement
between two parties of equal bargaining strength. Both Participant, and Ivana Kupala 2022
agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to
alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the
purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any
term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the
remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to
be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall
be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented.
POLICY & PROCEDURES FOR PURCHASE
The aim of Ivana Kupala MN is to facilitate your purchasing of tickets to your favorite events (concerts, plays, theatres, shows, etc.), easier, more convenient and pleasant. Ivana Kupala MN purchase policies are intended to make sure you understand the process of buying tickets from us on ivanakupalamn. These Policies & Procedures for Purchase are subject to Ivana Kupala MN Terms & Conditions and are incorporated by reference, here in these policies.
The ticket you buy from Ivana Kupala MN is only a license to attend a specific event you have purchased the ticket for, and such license can be revoked, if any of Ivana Kupala MNs’ policies, Terms & Conditions, or additional conditions on the tickets and /or any other laws or regulations are violated by You, the purchaser of such ticket.
HOW YOU PAY FOR TICKETS
You have a variety of options to pay for the tickets you purchase from ivanakupalamn. We accept major credit cards including, Visa, Master Card, Discover and American Express. The price of tickets for the events taking place within the United States is in U.S. Dollar.
YOU BUY FROM THE EVENT ORGANIZERS,
IVANA KUPALA MN SOLELY FACILITATE YOUR PURCHASE OF TICKET
Ivana Kupala MN facilitates your purchase of tickets from the organizations and entities i.e. the “event organizers”. Ivana Kupala MN solely handles the transactions and collects payments for the tickets sold by the “event organizer”. Therefore, You will be buying your ticket from the “event organizer” while Ivana Kupala MN only acts as the provider of sale services for your purchase. If you exchange your tickets or purchase tickets by using Exchange Tickets facility services, you buy tickets from either a reseller who is not an event organizer, or Ivana Kupala MN, or the event organizer. Ivana Kupala MN is only provider of the services for such sales, unless Ivana Kupala MN sells tickets through the Exchange Ticket method.
TICKET PRICES ARE SET BY THE “EVENT ORGANIZERS”
NOT BY IVANA KUPALA MN
Ivana Kupala MN acts as the facilitator for sale of tickets and sells tickets for the benefit of the “event organizers “ including; promoters, providers, bands, performers and the venues. The “event organizers” will set the ticket prices and determine seating arrangements. Ivana Kupala MN generally is not involved in determining the tickets prices, nor in the seating arrangements or locations of the sold tickets. Tickets are sold via several distribution centers, including online, information center and retail stores. Ivana Kupala MN does not control the inventory of the tickets or their availability. Since there is always the possibility that tickets to favorable events sell out very fast, extra tickets could be foreseen and may be available prior to the event but as stressed earlier, Ivana Kupala MN does not control such inventory or its availability. Ivana Kupala MN also facilitates the resale of tickets and handles relevant transactions on ExchangeTickets . Please take into consideration the fact that tickets sold through Ivana Kupala MN’s ExchangeTicket service are often sold at a higher prices than their original prices. Occasionally, the additional tickets for subsequent distribution may be allocated to, and received by, Ivana Kupala MN or other distributors, centers, which may have higher demands or the same status as the tickets sold on Exchange Ticket, or may be put for sale at a lesser price than the price charged on Exchange Ticket.
CONFIRMATION NUMBER
Please note that if after you submitted the required payment information, you do not receive a confirmation number/ letter, or email, it is your responsibility to confirm with your Customer Section, whether or not your requested order has been placed. Ivana Kupala MN will not be liable for any pecuniary/monetary and /or any other losses due to your erroneous presumption that your order has not been placed because you did not receive confirmation.
FACILITATION & PROCESSING CHARGES
When you purchase tickets on ivanakupalamn, you will be charged a facilitation fee per ticket and a non-refundable processing fee per order. Your tickets may be subject to a delivery cost/fee, if applicable.
YOU CAN BUY LIMITED NUMBER OF TICKETS
In order to establish a fair purchasing method and to prevent unfair attempts and practices of buying tickets, there is a limitation on the particular number of the tickets you may purchase for a specific event i.e. the“purchase limit”. The “purchase limit” for each event would be determined by Ivana Kupala MN.
AFTER YOU PURCHASED YOUR TICKETS,
REFUNDS OR EXCHANGES ARE PROHIBITED
Please carefully select and purchase your desired event on ivanakupalamn. You must thoroughly review all information pertinent to the event, including but not limited to the date, time and contents of the programs and event/s, prior to purchasing any tickets on ivanakupalamn. This is of highly importance since the event organizers prohibit and do not allow us to refund or exchange, after you have purchased the ticket. You also need to safeguard your tickets because the event organizers do not allow any refund or exchange for your lost, stolen, destroyed, torn, obliterated or damaged tickets.
YOUR MUST PROVIDE ACCURATE AND CURRENT BILLING &
CREDIT CARD INFORMATION.
YOUR TICKETS MAY BE CANCELLED, IF INFORMATION IS NOT VERIFIED
Please note that it is your obligation to provide accurate and current billing and credit card information to Ivana Kupala MN for a ticket order, including a billing address and other billing information. No ticket order could be processed unless the credit card and billing information is verified. In case of existence of any inaccuracy, discrepancy or mistake in your billing and credit card information, your order may be cancelled by Ivana Kupala MN and your tickets may be sold to another consumer without further notice. However, the Consumer Department of Ivana Kupala MN will try to contact you through the information you have provided and if Ivana Kupala MN not able to contact you, your ticket may be cancelled and sold.
UNAUTHORIZED USE OF IVANA KUPALA MN’S TRADE MARKS AND INTELLECTUAL PROPERTY IS ILLEGAL
Use of Ivana Kupala MN’s trade marks and intellectual property is illegal unless Ivana Kupala MN has expressly consented in writing. Your tickets will be cancelled or seized, if any attempt is made on your part to unlawfully resell any ticket . Without the written express consent of the event organizer and Ivana Kupala MN, no ticket shall be used for the promotional, sweepstakes, or advertising purposes.
IVANA KUPALA MN HAS THE RIGHT TO CANCEL AND REFUND YOUR TICKET IN CASE OF ERROR
Ivana Kupala MN reserves the right to cancel and refund your ticket when an error occurs with respect to the price, or the time of availability for sale, and/or other relevant matters to the ticket which are announced on ivanakupalamn caused by a machine or human error, computer malfunctions, and /or other Ivana Kupala MN’s operational system and programs.
LIMITED LIABILITY
When you purchase ticket through Ivana Kupala MN, you expressly agree to be bound by Ivana Kupala MN’s Terms and Conditions ( Pls. review Ivana Kupala MN’s Term & Conditions, which are herein, incorporated by reference) on your behalf and your children or any minor accompanying you to the event. You further expressly agree to bear and assume all the risks and liabilities pertinent to, and as the result of, the event ( before, during or after the event) that Ivana Kupala MN has issued the ticket for.