POLICY & PROCEDURES FOR PURCHASE
The aim of Hayden Farm is to facilitate your purchasing of tickets to your favorite events (concerts, plays, theatres, shows, etc.), easier, more convenient and pleasant. Hayden Farm purchase policies are intended to make sure you understand the process of buying tickets from us on rockhaydenfarm. These Policies & Procedures for Purchase are subject to Hayden Farm Terms & Conditions and are incorporated by reference, here in these policies.
The ticket you buy from Hayden Farm is only a license to attend a specific event you have purchased the ticket for, and such license can be revoked, if any of Hayden Farms’ 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 rockhaydenfarm. 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,
HAYDEN FARM SOLELY FACILITATE YOUR PURCHASE OF TICKET
Hayden Farm facilitates your purchase of tickets from the organizations and entities i.e. the “event organizers”. Hayden Farm 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 Hayden Farm 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 Hayden Farm, or the event organizer. Hayden Farm is only provider of the services for such sales, unless Hayden Farm sells tickets through the Exchange Ticket method.
TICKET PRICES ARE SET BY THE “EVENT ORGANIZERS”
NOT BY HAYDEN FARM
Hayden Farm 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. Hayden Farm 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. Hayden Farm 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, Hayden Farm does not control such inventory or its availability. Hayden Farm also facilitates the resale of tickets and handles relevant transactions on ExchangeTickets . Please take into consideration the fact that tickets sold through Hayden Farm’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, Hayden Farm 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. Hayden Farm 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 rockhaydenfarm, 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 Hayden Farm.
AFTER YOU PURCHASED YOUR TICKETS,
REFUNDS OR EXCHANGES ARE PROHIBITED
Please carefully select and purchase your desired event on rockhaydenfarm. 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 rockhaydenfarm. 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 Hayden Farm 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 Hayden Farm and your tickets may be sold to another consumer without further notice. However, the Consumer Department of Hayden Farm will try to contact you through the information you have provided and if Hayden Farm not able to contact you, your ticket may be cancelled and sold.
UNAUTHORIZED USE OF HAYDEN FARM’S TRADE MARKS AND INTELLECTUAL PROPERTY IS ILLEGAL
Use of Hayden Farm’s trade marks and intellectual property is illegal unless Hayden Farm 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 Hayden Farm, no ticket shall be used for the promotional, sweepstakes, or advertising purposes.
HAYDEN FARM HAS THE RIGHT TO CANCEL AND REFUND YOUR TICKET IN CASE OF ERROR
Hayden Farm 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 rockhaydenfarm caused by a machine or human error, computer malfunctions, and /or other Hayden Farm’s operational system and programs.
LIMITED LIABILITY
When you purchase ticket through Hayden Farm, you expressly agree to be bound by Hayden Farm’s Terms and Conditions ( Pls. review Hayden Farm’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 Hayden Farm has issued the ticket for.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in concert outdoors (the "Activity"), and as
consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors,
administrators, assigns, or personal representatives, 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 whatsoever
arising out of my participation in the Activity, and do hereby release and forever discharge Hayden Farm &
owners, located at 1904 170th St, Mondamin, Iowa 51557, their affiliates, managers, members, agents,
attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or
psychological injury, including but not limited to illness, paralysis, death, damages, economical or
emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity,
including traveling to and from an event related to this 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 traveling to and from as well as 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, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both
known or unknown to me, of my participation in this Activity, including travel to, from and during this
Activity.
I agree to indemnify and hold harmless Hayden Farm & owners 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, if litigation arises pursuant to any claims made by me
or by anyone else acting on my behalf. If Hayden Farm & owners incurs any of these types of expenses, I
agree to reimburse Hayden Farm & owners.
I acknowledge that Hayden Farm & owners and their directors, officers, volunteers, representatives and
agents 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 Hayden Farm & owners.
I 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. The risks may include, but are not limited
to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants,
equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers,
spectators, coaches, event officials and event monitors, and/or producers of the event.
I 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 Hayden Farm & owners 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 Hayden Farm & owners for personal injury or property
damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for
negligence on the part of Hayden Farm & owners, its agents, and employees.
In the event that I should require medical care or treatment, I 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.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful
actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated
with any actions of neglect or recklessness.
and Hayden Farm & owners agree that this Agreement is clear and
unambiguous as to its terms, and that no other evidence will 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, so long as
the clause severed does not affect the intent of the parties. 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.
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT (the "Agreement") is made as of by and between Hayden Farm
& Owners, as the person or entity receiving indemnity (hereinafter referred to as the "Indemnitee"), located
at 1904 170th St, Mondamin, Iowa 51557, and Concert Particepent, as the person or entity bound to provide
and/or protect the Indemnitee (hereinafter referred to as the "Indemnitor"), located at 1904 170 Th St,
Mondamin, Iowa 51557, and at times the Indemnitee or Indemnitor may be referred to as the "Party" or
may be collectively referred to as the "Parties."
WHEREAS, the Indemnitor desires and wishes to hold harmless and indemnify the Indemnitee and its
successors and assigns from any and all liabilities, losses, claims, judgments, suits, fines, penalties,
demands or expenses, including, but not limited to, all reasonable costs for defense and investigation
thereof (including but not limited to attorney's fees, court costs and expert fees) claimed by anyone by
reason of injury or damage to persons or property sustained in or around Outdoor Rock Concert as a
proximate result of the acts or omissions of the Indemnitee, its agents, successors and assigns or arising out
of the operation or actions of the Indemnitee upon or about Outdoor Rock Concert, except when such
liability may result from the sole negligence of the Indemnitee, its officers, directors, agents, servants,
and/or employees; provided however, that upon the filing of any claim with the Indemnitor for damages
arising out of incidents for which the Indemnitee herein agrees to hold Indemnitor harmless, then and in
that event the Indemnitor shall notify Indemnitee of such claim and Indemnitee shall have the right to settle,
compromise, and/or defend the same.
REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES
Each party signing this Agreement represents and warrants that s/he is duly authorized and has legal
capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the
execution and delivery of the Agreement and the performance of such party's obligations hereunder have
been duly authorized and that the Agreement is a valid and legal agreement binding on such party and
enforceable in accordance with its terms.
MODIFICATION OF AGREEMENT
This Agreement may be supplemented, amended, and/or modified only by and through the mutual
agreement of all parties. No supplement or modification of this Agreement shall be binding unless done so
in writing and signed by all parties to this Agreement.
GENERAL WAIVER
The failure of any party at any time to require performance of any provision or to resort to any remedy
provided under this Agreement shall in no way affect the right of that party to require performance or to
resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a
waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the
party against whom the waiver is being enforced.
ENTIRE AGREEMENT
This is the entire agreement between the aforementioned parties. It replaces and supersedes any and all oral
agreements between the parties, as well as any prior writings.
ENFORCEABILITY, SEVERABILITY AND/OR REFORMATION
In the event that any covenant, provision and/or restriction is found by a court of competent jurisdiction to
be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature
and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be
enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced
as if such provision was not included.
In the event that any court determines that any of the covenants, provisions or restrictions to be excessive in
duration or scope or to be unreasonable or unenforceable under the laws of that state, it is the intention of
the parties that such restriction may be modified or amended by the court to render it enforceable to the
maximum extent permitted by the laws of that state.
GOVERNING LAWS
The validity, construction and performance of this Agreement shall be governed and construed in
accordance with the laws of Iowa applicable to contracts made and to be wholly performed within such
state, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts
located in Iowa shall have sole and exclusive jurisdiction over any disputes arising under the terms of this
Agreement.
JURISDICTION AND VENUE
This Agreement is to be construed pursuant to the current laws of the State of Iowa. In the event that any
dispute shall arise under or in connection with the agreement or related to any matter which is the subject of
the agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Iowa.
THE PURCHASER HAVE READ, UNDERSTAND and ACCEPT THIS AGREEMENT, and by
Purchasing a Ticket all parties agree to all of the aforementioned terms, conditions and policies.