Stichting Tribe Corporate is organizer of Upstream Festival 2022 and responsible for these Terms and Conditions.

Article 1: Definitions

The Artist: the professional or practitioner in the field of the arts, entertainment, sports and/or media – such as an artist, keynote speaker, musician, presenter, host, TV personality or otherwise – and all those who provide technical, production or artistic assistance to such a professional or practitioner;

Stichting Tribe Corporate: Stichting Tribe Corporate (registration number 55148727), having its registered office in OUDERK AAN DE AMSTEL and its principal place of business at BURGEMEESTER STRAMANWEG 97C (1191EA)

Visitor: the natural person who has bought and/or holds an admission ticket for a concert and/or event organised by Stichting Tribe Corporate and who is thus entitled to admission to this concert and/or event
Agreement: the agreement concluded between and Visitor

Event: a musical or other performance for the public in the broadest sense of the word, organised by Stichting Tribe Corporate;

Admission Ticket: a document and/or bar code issued by Stichting Tribe Corporate which gives access to – and entitles the Visitor to attend – the Event

Location: the place where the Event is held, including all the grounds, access roads, spaces and fields around it;

Public: all spectators, listeners and/or third parties present at the Event.

Article 2: Applicability

2.1 These General Terms and Conditions apply to all offers and all Agreements, including all services provided, acts, deliveries and activities of Stichting Tribe Corporate in connection with the Event.

2.2 These General Terms and Conditions also apply to the Agreement if it is concluded by means of – and/or the Visitor buys an admission ticket via – an official (advance) sales organisation engaged by Stichting Tribe Corporate.

2.3 The applicability of any general terms and conditions of the Visitor is expressly rejected, unless Stichting Tribe Corporate has agreed to this in writing.

2.4 Deviations from these Terms and Conditions will only be binding if and to the extent that Stichting Tribe Corporate has expressly agreed to them in writing. A deviation expressly accepted in writing by Stichting Tribe Corporate will only apply to the Agreement to which Stichting Tribe Corporate has accepted the deviation.

Article 3: Conclusion of Agreements

3.1 The Agreement is concluded at the moment that the Visitor buys and/or orders an Admission Ticket for the Event, irrespective of the (advance) sales address and/or at the moment that the Visitor has obtained an Admission Ticket in some other way.

Article 4: Entry Ticket

4.1 The Admission Ticket is and remains at all times the property of Stichting Tribe Corporate.

4.2 The Admission Ticket will be issued once and will give access to the Event to one person.

4.3 The Admission Ticket is strictly personal and gives access only to the person who shows the Admission Ticket for the first time.

4.4 The Admission Ticket shall grant access to the Event to Visitors of all ages. If a Visitor is 16 years of age or younger, however, he/she must be accompanied by an adult.

4.5 As from the moment the Admission Ticket has been issued to the Visitor, the risk of loss, theft, damage and misuse rests with the Visitor.

4.6 Stichting Tribe Corporate only guarantees the validity of an Admission Ticket if this has been purchased and/or ordered from an official (advance) sales address recognised by Stichting Tribe Corporate.  The burden of proof in this regard rests with the Visitor.

4.7 Stichting Tribe Corporate reserves the right to set a maximum number of Admission Tickets that may or may not be reserved per person.

4.8 A group reservation cannot be cancelled after the reservation has been signed. A VIP reservation can only be cancelled up to 48 hours after the time of reservation.

4.9 Start times as stated on the Admission Ticket are subject to change.

Article 5 Prohibition of Resale

5.1 The Visitor is not permitted to sell or resell the Admission Ticket to a third party without written permission from Stichting Tribe Corporate and/or to offer or sell Admission Tickets on a commercial basis to a third party.

5.2 If Stichting Tribe Corporate has good reason to believe that the Visitor is not the original buyer of the Admission Ticket and/or the Admission Ticket has been sold on and/or has been falsified, then Stichting Tribe Corporate reserves the right to refuse the Visitor in question admission to the Event without being obliged to refund the admission price to the Visitor.

5.3 The Visitor is not permitted to advertise the Event in any way. Event in any way whatsoever.

Article 6: Obligations of the Visitor

6.1 A Visitor is obliged to observe all the safety regulations which apply at the Location and furthermore to follow all the instructions of the personnel present, the security personnel, the fire department, the police and other authorised persons.

6.2 A Visitor is obliged to cooperate with a body search at the entrance and during the Event.

6.3 A Visitor must be in possession of a valid and undamaged Admission Ticket, which the Visitor must show on demand at the entrance and/or during the Event by Stichting Tribe Corporate and/or its personnel at the Location.

6.4 The Visitor is obliged at the entrance and/or during the Event to show a valid ID at the first request of Stichting Tribe Corporate and/or personnel on location.

6.5 A Visitor is not permitted to bring professional recording equipment to the Event and/or to bring it to the Location. If the Visitor brings professional recording equipment to the Event and/or the Location, Stichting Tribe Corporate has the right to confiscate this equipment for the duration of the Event and to delete any recordings already made.

6.6 The Visitor is not permitted to record the Event in its entirety and/or any works performed in its entirety in any way whatsoever. If Visitor acts contrary to this, then Stichting Tribe Corporate has the right to confiscate this registration and to destroy, use and/or exploit it as it sees fit. The recordings made by Visitor of any part of the Event and/or any part of works performed by means of non-professional recording equipment are strictly for his/her own use and may not be exploited and/or made public in any way by Visitor.

6.7 A Visitor may not bring animals or pets, glassware, plastic, cans, fireworks, food, drink, alcohol, drugs, weapons, umbrellas, banners, flags, other dangerous objects or objects which may cause a noise nuisance to the Event and/or to the Location.

6.8 During the Event the Visitor may not harass and/or obstruct other visitors and personnel present. During the Event and/or at the Location the Visitor is not permitted to be in a state of public drunkenness and/or to urinate outside the public toilet areas intended for that purpose.

6.9 Should a Visitor leave the Location during the Event, the validity of his/her Admission Ticket will expire.

Article 7: RIGHTS OF STICHTING TRIBE CORPORATE

7.1 Before and during the Event, Stichting Tribe Corporate reserves the right to deny the Visitor access to the Event and/or remove the Visitor from the Event, if Stichting Tribe Corporate reasonably considers this necessary for the maintenance of safety and public order.

7.2 If the Visitor fails to comply with any obligation under the Agreement, Stichting Tribe Corporate shall be entitled – without prejudice to the remedies already mentioned for the benefit of Stichting Tribe Corporate – to declare the Admission Ticket invalid and/or to deny the Visitor access to the Event and/or to remove the Visitor from the Event without being obliged to refund the admission price to the Visitor.

7.3 Consumption vouchers and/or tokens purchased during the Event shall be valid only during the Event.

7.4 The Artist and Stichting Tribe Corporate have the right to record the Event in the broadest sense of the word, including but not limited to taking photographs and making visual and audio recordings of the Public and Visitor(s). In addition, the Artist and Stichting Tribe Corporate will have the right to exploit this registration in the widest sense of the word, including but not limited to the release of CDs and DVDs and the broadcasting of commercials by third parties.

7.5 If the Visitor appears in the recording(s) and/or the portrait of the Visitor is recorded therein, then the Visitor hereby grants explicit permission for the exploitation and/or publication of this without being able to claim any remuneration.

Article 8: Liability and indemnification

8.1 Attending the Event and/or entering the Location is expressly at the risk of the Visitor, on the understanding that Stichting Tribe Corporate is not liable for damage to hearing, sight or sightlessness, other physical injury or damage to property, such as but not limited to clothing, whether or not inflicted by the Public.

8.2 Stichting Tribe Corporate is only liable for damage by the Visitor which is the result of a

shortcoming in the fulfilment of the Agreement that can be attributed to Stichting Tribe Corporate.

8.3 The total liability of Stichting Tribe Corporate for attributable shortcomings in the fulfilment of the Agreement is limited to compensation for direct damage, on the understanding that this liability will at all times be limited to the amount paid out under Stichting Tribe Corporate’s statutory liability insurance.

8.4 Liability of Stichting Tribe Corporate for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption, is excluded.

8.5 A condition for any right to compensation is always that the Client reports the damage in writing to Stichting Tribe Corporate within 48 hours of its occurrence.

8.6 If Stichting Tribe Corporate engages, directly or indirectly, subordinates of Stichting Tribe Corporate, non-subordinates, assistants and/or other persons in the execution of the Agreement, any liability of Stichting Tribe Corporate under Article 6:76 Dutch Civil Code, Article 6:170 Dutch Civil Code, Article 6:171 Dutch Civil Code and Article 6:172 Dutch Civil Code is excluded, and Stichting Tribe Corporate is not liable for damage caused by these persons, unless it is a matter of intent or gross negligence on the part of the managers of Stichting Tribe Corporate.

8.7 Stichting Tribe Corporate will endeavour to ensure that the Event is executed as much as possible in accordance with the announced time schedule. Stichting Tribe Corporate is not liable for any deviations therefrom and for any damage that may arise for the Visitor as a result thereof.

8.8 The Visitor is deemed to be familiar with the Artist’s repertoire and performances. Stichting Tribe Corporate accepts no liability whatsoever with regard to the manner of performance by the Artist and the length of the performance by the Artist.

8.9 In the event that the Visitor buys the admission ticket from a third party -not being Stichting Tribe Corporate- and this third party, for whatever reason, does not deliver the tickets to the Visitor, Stichting Tribe Corporate will not be liable in any way whatsoever, neither for the repayment of tickets already paid for by the Visitor, nor for the delivery of a replacement ticket.

8.10 The Visitor shall indemnify Stichting Tribe Corporate against all claims by third parties in respect of damage for which the Visitor is liable towards those third parties by virtue of the law. The Visitor will indemnify Stichting Tribe Corporate for all damage, including all legal costs incurred by Stichting Tribe Corporate, which may result from any claim by those third parties.

Article 9: Force Majeure

9.1 In the event of force majeure, Stichting Tribe Corporate shall have the right to reschedule or cancel the Event.

9.2 Force majeure is understood to mean: any circumstance beyond the control of Stichting Tribe Corporate, as a result of which Stichting Tribe Corporate’s fulfilment of its obligations towards the Visitor is wholly or partly prevented or as a result of which Stichting Tribe Corporate cannot reasonably be expected to fulfil its obligations, such as, but not limited to: non-attributable shortcomings of Stichting Tribe Corporate or of persons whom Stichting Tribe Corporate makes use of in the execution of the Agreement, such as assistants and contractors of Stichting Tribe Corporate, strikes, lock-outs, illness, import, export and/or transit bans, transport problems, machine breakdowns, traffic disruptions, energy disruptions, delivery problems, amended regulations, government measures, terrorism (threat), death of a member of the Royal House, failure by suppliers of Stichting Tribe Corporate to meet their obligations, disruptions in production, extreme weather conditions, frost, natural disasters, pandemics, war and/or threat of war, disruptions in the regular supply of goods to be delivered by Suppliers or third parties, as well as water and energy supplies and/or incapacity for work as a result of illness or accident of the Artist on the day of the performance and/or event the death of a family member of the Artist; the temporary or permanent break-up of (the group of) the Artist; circumstances as a result of which the Artist is unable to reach the place of performance in time (for example, in the event of extreme weather conditions, a traffic accident or traffic congestion) and/or as a result of which the Event cannot proceed in a responsible manner.

9.3 If Stichting Tribe Corporate cancels the Event in the event of force majeure, then Stichting Tribe Corporate will be obliged to refund to the Visitor the admission price stated on the Admission Ticket, irrespective of the price paid by the Visitor for the Admission Ticket. This right to reimbursement of the Visitor shall exist for a period of eight weeks starting on the date on which the cancelled Event was to take place at an (advance) sales address after the presentation of a valid, undamaged Admission Ticket. Service charges are not included in this refund and will not be reimbursed. In this case, Visitor cannot claim substitute admission to another Event.

9.4 If Stichting Tribe Corporate moves the Event to another date in the event of force majeure, the Admission Ticket will be valid for that new date. If the Visitor is unable to attend on the new date, then the Visitor will be entitled to request the refund of the Admission Fee. Stichting Tribe Corporate will in that case be obliged to refund to the Visitor the admission price stated on the Admission Ticket, irrespective of the price paid by the Visitor for the Admission Ticket. This right to reimbursement of the Visitor shall exist during four weeks from the date on which the cancelled Event was to take place at a sales or advance sales address after the presentation of a valid, undamaged Admission Ticket. Service charges are not included in this refund and will not be reimbursed. The Visitor may not in this case claim substitute admission to another Event.

Article 10: Penalty clause

Should the Visitor breach any of his/her obligations arising from the provisions of article 5, the Visitor will owe Tribe Corporate, without notice of default being required, a voluntary penalty for each breach in the amount of € 5,000.00 at once and € 1,000.00 for each Admission Ticket sold or re-sold, without prejudice to any other rights to which Stichting Tribe Corporate may be entitled, such as the right to damages.

Article 11: Personal data

If Stichting Tribe Corporate processes personal data of Visitors, it will do so in accordance with the applicable regulations in the field of privacy.

Article 12: Invalidity

The invalidity of any provision of the Agreement will not affect the validity of the other provisions of the Agreement. In case of invalidity of any provision, parties will conclude a further agreement in relation to the subject matter of the provision in question that approaches the intention of parties as closely as possible.

Article 13: Applicable law and competent court

The Agreement is exclusively governed by Dutch law and all disputes arising from and/or related to the Agreement will be submitted to the competent court in Amsterdam to the exclusion of any other forum.