TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY

 

Last updated: [July 30, 2025]

These terms of use (“Terms“) apply to your (“you”, “your” or “attendee”) use of and access to Open {air} Anahata (“Anahata”, “we”, “us”, “our”) website at anahata.ca (the “Site“) and the online registration, attendance and/or participation at the annual Anahata Festival (“Festival”) hosted by us (all of the above collectively the “Services”).

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE SERVICES. THESE TERMS AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

If you are registering or purchasing tickets on behalf of another person, it is your obligation to make sure that the person attending is aware of these Terms and accepts them. By completing and submitting the registration online and purchasing tickets you are representing and warranting that you have made the person attending aware of these Terms and that they have accepted these Terms.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. See below under the heading “Modification of The Terms” for more information.

Anhata Events Inc.

These Terms are between you and Anahata Events Inc., an organization, with an office located at 144 Queens Ave, Toronto, Ontario, Canada, M8V2N6.

 

WHAT WE DO

We are organizers of an annual outdoor music and arts festival known as “Open {air} Anahata”.

 

PART A – ANAHATA FESTIVAL TERMS AND CONDITIONS

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Tickets And Pricing

You will find details of attendee ticket (“ticket(s)” or “Anahata Festival Pass”) pricing for the Festival on our Site. Ticket prices for the Festival are correct and current at the time of publication. All fees are stated in Canadian dollars and are exclusive of all applicable federal and provincial taxes. Payments are processed through a third-party payment processing service with which we have a contractual relationship. We expressly disclaim any liability arising out of your use of the third party’s payment processing services.

We reserve the right to change the ticket prices at any time without any notice but any changes will not affect tickets that have already been purchased.

A valid ticket entitles you to entry to the Festival as an attendee but does not include any requirements associated with travel to or from the Festival or any other accommodation or hospitality costs incurred.

All tickets must be assigned to an attendee. This includes first and last name, e-mail address(if applicable) and phone number(if applicable).

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Discounts

We may from time to time offer certain discounted ticket promotions or promotional codes to encourage active participation at the Festival. We are not obligated to offer any discounts or promotional codes for the Festival and reserve the right to change or withdraw a discount offer or promotional code at any time in our sole discretion.

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Age Limitation

All attendees under eighteen (18) years of age must be accompanied by an adult chaperone or have guardian permission to attend the Festival and all related events.

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Delivery Policy

Once a successful purchase transaction has been completed on the Site, you will receive and email with your ticket in PDF format which includes a QR code. You will need to present this ticket in order to confirm your arrival and to gain entrance to the festival.

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Tickets

Once you have purchased your Anahata Festival Ticket, you are not eligible for a refund.

If you wish to change the name on your Anahata Festival Ticket, you will be able to do so, which will be facilitated free of charge. To change the name on the ticket email the name of the original ticketholder as well as the name, e-mail and phone number of the new ticketholder to open.air.anahata@gmail.com

Your ticket remains the property of Anahata, which may be withdrawn, and admission refused at any time upon a refund of the printed registration price.

The tickets (including any subsidized tickets) purchased are for your own personal use, and may not be resold under any circumstances including, but not limited to, use as part of any promotion or competition undertaken without the express prior permission and cooperation of Anahata. Where there has been any resale or attempted resale of any tickets (or any other breach of this term), Anahata reserves the right to cancel the relevant tickets with immediate effect.

Anahata reserves the right to refuse any order for tickets you place with us. We may, in our sole discretion, limit or cancel quantities of tickets purchased per person, per household or per order. These restrictions may include orders placed by or under the same attendee account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to limit or cancel any ticket purchase made by any person or body whom we reasonably believe to be associated with any ticket broker, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for registration and ticket purchases. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Anahata will not be liable for any tickets that are lost or stolen.

It is strictly forbidden for any company, organization, or attendee to attempt to host or organize any event in conjunction with, contiguous to, or purporting to be related to Anahata (or any of its affiliates) without the express prior permission and cooperation of Anahata.

If you have been selected to volunteer at the event but have already bought a ticket, you are not eligible for a refund.

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Event Cancellation, Postponement & Substitution Policy

Anahata is not responsible for any loss, liability, or damage as a result of a substitution, alteration, cancellation or postponement of the Festival, or an event within the Festival. However, in the unlikely event of cancellation of the Festival, or an event within the Festival, the liability of Anahata is limited to the share of paid registration fees that remains after credit card and payment processing fees have been incurred and deducted.

Covid-19 Pandemic. The Festival is an in-person event but we understand that this may change due to the on-going changes and demands related to Covid-19 pandemic. We value your safety and peace of mind while attending the Festival. In the event that the Festival is affected by Covid-19 Pandemic and/or any variants, we will use our best efforts to work collaboratively with our partners and sponsors, to provide a safe alternative for you to attend the Festival.

Safety Measures. There is an inherent risk of exposure to COVID-19 and any variants in any public space where people are present. COVID-19 (including any variants) is an extremely contagious disease that can lead to severe illness and death. By attending the Festival, you voluntarily assume all risks and liability related to any possible exposure to COVID-19 and its variants. Anahata and its partners and sponsors, and each of our directors, officers, employees, volunteers, and agents are not liable for your exposure to COVID-19 and its variants.

Force Majeure. Anahata shall assume no liability whatsoever in the circumstances that an event is cancelled, rescheduled, altered, or postponed due to a fortuitous event, Act of God, unforeseen occurrence, or any other event that renders performance of an event impracticable, illegal, or impossible. For purposes of this clause, a fortuitous event shall include, but not be limited to pandemic, endemic, governmental orders, war, fire, labour strike, extreme weather, or another emergency.

Substitution Policy. Please note that while schedules of events, presenters and topics are confirmed at the time of publishing, circumstances beyond the control of Anahata may necessitate changes in schedules, and substitutions, alterations, or cancellations of schedules of events, performers and/or workshops. As such, Anahata, in its sole discretion, reserves the right to alter, remove or modify the advertised performances, scheduling of events and/or workshops if necessary without any notice or any liability to you whatsoever. Notwithstanding the foregoing, any substitutions, alterations, postponement, or changes will be updated on our Site as soon as possible.

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Your Contribution

We may permit your sharing and publishing of your content related to the Festival (such as workshop or other public contributions to the Festival) subject to these Terms and our Privacy Policy (“Contribution”) and you grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual right to use your Contribution in relation to the Festival. You understand that you are responsible for your Contribution and it may be publicly available and you agree to waive any moral rights in your Contribution. We have discretion whether to publish your Contribution and we reserve the right without further notice to you, to monitor, censor, edit, remove, and/or delete any and all of your Contribution at any time which we believe to be in violation of these Terms or Code of Conduct. We reserve the right to access, read, preserve and disclose any your Contribution or any other information that we obtain in connection with the Festival as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to your user support requests; or (v) protect the rights, property or safety of us, our sponsors, partners, presenters, employees, staff, attendees, or the public.

 

Festival and Views of Participants

You acknowledge and agree that views expressed by participants or presenters at or in connection with the Festival are their own and Anahata does not accept any responsibility or liability for any advice given or views expressed during or in connection with the Festival.

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Photography, Videography, And Audio Recording

By attending the Festival, you acknowledge and agree that the Festival (or any part of it) may be photographed or recorded by us or our partners or sponsors. You agree to permit us, our sponsors, partners or any third party licensed by us, to use, distribute, broadcast, or otherwise globally disseminate your likeness, name, voice, and words in perpetuity in television, radio, film, newspapers, magazines, and other media now available and hereafter developed, both before, during and any time after the Festival, and in any form, without any further approval from you or any payment to you. This grant includes, but is not limited to, the right to edit the media, the right to use the media (alone or together with other information), and the right to allow others to use or distribute the media.

If you do not agree to be filmed or recorded, you should advise Anahata by email: open.air.anahata@gmail.ca prior to the Festival. Anahata will use reasonable efforts to not film or record you, but cannot guarantee you will not be filmed or recorded at the Festival, which is a public event. Notwithstanding the above, Anahata and its partners and sponsors will not be held accountable for any liability to you if you are recorded or filmed at the Festival.

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Insurance

You are responsible for arranging your own appropriate insurance coverage in connection with your attendance at the Festival.

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Travel, Accommodation And Other Expenses

Anahata is not liable or responsible for any costs incurred by you attending the Festival, which includes but is not limited to travel, accommodation, hospitality, and any other expenses. You are solely responsible for you own travel, accommodation, hospitality, and any other expenses required for you to attend the Festival.

 

Ticket/Registration Contact

For inquiries about tickets or registration, please contact open.air.anahata@gmail.com

 

Code Of Conduct

Anahata believes in building a community where global ideas may thrive and opportunity for collaboration and education are enlivened. We believe that diversity is a tremendous source of strength and that our communities, workplaces, and governments are made stronger by including the voices of everyone. We do not believe in “polite accommodation,” but rather creating an environment that reflects the diversity of our community in regard to: age, sexual orientation, race, language, economic position, ability, religion, etc. We believe that all persons have the right to respect, as well as fair and equitable treatment from others. Anahata does not tolerate violence, mistreatment, or harassment — verbal, physical, sexual, or otherwise — towards staff, volunteers, sponsors, guests, presenters, partners, or other attendees at any of our festivals or events. Should the comfort or safety of any of our staff, volunteers, guests, or partners be in question, immediate action will be taken.

Anahata expects all staff, volunteers, guests, presenters, sponsors, and partners conduct themselves in a professional and appropriate manner at all times. If an individual is found to:

• violate these rules of conduct;

• behave in a manner that could disrupt, hinder;

• cause a nuisance to the Festival or to the enjoyment of any other person, partner, or sponsor; or

• represent a security, health and safety risk to the Festival or any other person, partner, or sponsor,

Anahata, in its sole discretion, may sanction, refuse admittance to or remove the individual from the Festival, without a refund, and appropriate legal action may be filed.

Anahata, in its sole discretion, reserves the right to sell or refuse admission to the Festival or any events related to the Festival for any behaviour which it deems unacceptable, or for breach of these Terms.

 

Animals

Pets are permitted at the Festival. It is sole responsibility of the pet owners to ensure the pets are kept safe, on the leash, or in a container and do not cause any harm to our staff, volunteers, guests, or partners.

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PART B – ADDITIONAL TERMS AND CONDITIONS

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Errors, Inaccuracies, and Omissions

Occasionally there may be Content available or accessible through the Site that contains typographical errors, inaccuracies or omissions that may relate to the Festival, product/ticket descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information made available through our Services is inaccurate at any time without prior notice (including after you have submitted your order).

Intellectual Property Ownership

Anahata alone (and our partners) shall own all rights, title, and interest, including all related intellectual property rights, in and to the Content and to the Site and any Contribution, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site and Content.

These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Content and Site, or any intellectual property rights owned by Anahata. Anahata name and logo are trademarks of Anahata and no right or license is granted to use them.

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Privacy

We do not share your personal information with any third parties. For more details please see our Privacy Policy.

 

LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” ONLY, WITH NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHATSOEVER. IN NO EVENT WILL ANAHATA, AND EACH OF OUR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE FESTIVAL, THE SITE OR OUR SERVICES.

TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED THE AMOUNT OF ONE TICKET PURCHASE PRICE AFTER CREDIT CARD AND PAYMENT PROCESSING FEES HAVE BEEN INCURRED AND IN CANADIAN CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

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Indemnity

You agree to indemnify Anahata, and each of our directors, officers, volunteers, employees, and agents and hold them harmless from any and all claims, liabilities, costs, damages, losses, and expenses, including legal fees and costs, arising out of or in connection with (i) any violation or breach of these Terms or any applicable law or regulation; (ii) use or misuse of the Services and Content; and (iii) your violation of any rights of any third party.

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Modification to the Terms

We reserve the right, at our sole discretion, to modify or replace any of these Terms. If we change these Terms, we will provide notice to you by posting the revised Terms on our Site and by indicating at the top of this page the date these Terms were last updated. Such changes will be effective when the revised Terms are posted to our Site.

You should check the Terms frequently for any revisions, and especially before your use of our Services. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using our Services.

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Entire Agreement

The Terms (including any referenced documents such as the Anahata Privacy Policy) constitute the entire agreement between you and Anahata and governs your use of the Services, superseding any prior version of these Terms between you and us.

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Assignment

You may not assign your rights under these Terms without prior written approval of Anahata.

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Waiver and Severability of Terms

The failure of Anahata to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

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Governing Law

The Terms are governed by the laws of Ontario, Canada and these laws apply to your use of the Services, notwithstanding your domicile, residency, or physical location. Any dispute between you and Anahata which cannot be resolved will be referred to the court of Ontario, Canada and to no other place. You agree to be bound by the laws of these jurisdictions.

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Contacting Us

For more information about these Terms, please contact us at open.air.anahata@gmail.com.

 

I have read and agree to the above terms and conditions:

 

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