BRAINCHILD FESTIVAL TERMS & CONDITIONS
Updated 6th May 2021
Please read all the information below carefully. We may amend these Terms & Conditions from time to time. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms: (a) located on particular pages on our website; or (b) notified to you, from time to time. You should check on our site periodically to review the then current Terms & Conditions, as they are binding on you.
This is where we explain what you agree to in the processes of purchasing and receiving confirmation of your tickets for Brainchild Festival 2021 (the Festival). They include conditions of entry to site, site rules, use of images, terms of refund and deadlines. Terms and conditions do not affect your statutory rights.
The Ticket Sellers (TTS) are our sole ticket and resale agent. All tickets sold in 2020 via our previous ticket agent, Ticket Tailor, have now been transferred to TTS. No other body is authorised to sell or resell tickets. Tickets will not be valid unless purchased from TTS.
Contact via: www.theticketsellers.co.uk
All tickets to the Festival available from TTS are sold as personal and revocable licenses on behalf of Brainchild Arts CIC. Brainchild Arts CIC reserves the right to change all, or any, arrangements concerning Brainchild Festival without notice, nor with any obligation whatsoever to refund.
The event dates for Brainchild Festival 2021 are from Friday 6th of August 2021 to Monday 9th August. Provisionally the site and campsites open at midday and all public must leave site by midday on Monday. More detailed information and confirmation of opening times will be sent to ticket holders ahead of the event.
The purchase and retainment of tickets beyond the launch date of Brainchild Festival 2021 and subsequent entry onto the event site constitutes an acceptance by the purchaser and entrants of these terms and conditions, and an undertaking on the part of ticket holders to observe them.
In the event of any breach of these terms & conditions, Brainchild Arts CIC, its staff and agents reserve the right, to cancel tickets, to refuse admission, to remove the holder, or to confiscate offending articles, as the case may be, and in any case, to retain any monies paid for the relevant ticket(s).
Brainchild Arts CIC reserves the right to refuse admission, charge additional surcharges if the incorrect ticket has been purchased and may conduct security searches of persons and belongings on entry to the event to meet our duty of care and licensing conditions.
Brainchild Arts CIC reserves the right to cancel tickets purchased for any reason.
BRAINCHILD 2021 AND COVID-19
Following the cancellation of 2020’s event due to the Covid-19 pandemic, all customers will be bound by the updated terms and conditions for the 2021 Festival. It is expected that in order to adhere to conditions of license and maintain the paramount focus of Brainchild Arts CIC on customer and crew safety, additional measures in relation to Covid-19 will be in place. The preparation, planning and mitigation of risk will be dynamic. Updates are to be expected, but we draw your attention to the specific and current clauses below.
Whilst we will make every effort to communicate any significant and specific changes to all, we again note it is the responsibility of ticket holders to check for updates to these terms and conditions. (Please see the “CANCELLATION, MISUSE AND REFUNDS” section below for more information on refunds.)
- In light of the current COVID-19 pandemic, you understand that there are particular risks associated with attending any outdoor gathering (including the Festival). We will take reasonable steps to comply with any relevant guidelines intended to reduce the spread of COVID-19 and we will make you aware of these measures. However, we cannot be responsible for the behaviour or health of other Festival attendees and cannot effectively ensure that no attendees at the Festival will have COVID-19. Accordingly, we will not be responsible if you catch COVID-19 at the Festival, or for any onward transmission, illness or death of any Festival attendees caused by COVID-19.
- You understand and accept that you will be attending the Festival and using any facilities on-site at your own risk.
- To help us to reduce the spread of COVID-19, we ask that you:
a. do not attend the Festival if*:
- you have tested positive for COVID-19 within 10 days of the commencement of the Festival;
- you display any symptoms of COVID-19;
- you live with somebody who displays symptoms of COVID-19 or who has tested positive for COVID-19 within 10 days of the commencement of the Festival; or
- you are otherwise required to self-isolate.
*note that where there is a conflict between any of the provisions in this paragraph 3.a and any updated government guidelines, the updated government guidelines will apply where they are stricter than the provisions set out in this paragraph 3.a;
b. follow all guidelines and/or entry requirements notified by us to you and which will apply to your attendance at the Festival. This may include remaining in restricted groups or testing on entry or prior to attending the Festival. We may be required to amend our guidelines before or during the Festival and ask that you comply with any updated guidelines notified to you;
c. follow all government guidelines (which may be updated from time to time);
d. provide your contact details and those of members of your booking party via our e-ticketing platform, to a member of Festival staff as directed upon entering the Festival, or if required download and use the government’s official COVID-19 tracing app, for the purpose of notifying you where you may have come into contact with somebody who has tested positive for COVID-19;
e. you will notify us if you test positive for COVID-19 after attending the Festival.
4. You understand that you are fully responsible for all costs incurred in following all guidelines and/or entry requirements, including all government guidelines.
5. You understand that we have the right, at our complete discretion, to:
a. refuse entry to any attendee who we reasonably believe may display COVID 19 symptoms or who may not have followed government guidelines or our guidelines or entry requirements;
b. require that any attendee leaves the Festival where we reasonably believe that they may not be complying with these terms or any of our or government guidelines in force in relation to COVID-19.
6. If we are required to exercise a right in paragraph 5, you acknowledge and agree that we will not be obliged to refund you for your ticket and any other costs you have, or might incur.
7. If government guidelines mean that we need to operate a reduced capacity at the Festival in order for us to comply with those guidelines, you understand that we have the right, with regret, to cancel your attendance to the Festival. In the unfortunate event that we need to exercise this right, you acknowledge that the tickets that we cancel will be at our complete discretion. In these circumstances, we will notify you as early as possible and refund to you the full amount of any tickets cancelled. We will not be liable for any additional costs incurred by you.
All ticket types (General Release, Volunteer Tickets & Vehicle Tickets) are sold subject to availability and at the prices listed on the ticket page via our sole agent TTS.
General Release & Volunteer Tickets are constituted of two equal parts, an ‘Admission Fee’ (50% of the overall cost of the ticket, not including booking fees) and a non-refundable ‘Crowd Cover Pledge’ (50% of the overall cost of the ticket, not including booking fees).
Entry to Brainchild Festival 2021 is only granted with a valid ticket, comprising both the Admission Fee and the Crowd Cover Pledge.
Tickets are subject to agent booking fees and transaction charges applied by TTS.
The quantity of any and all tickets available and the volume that may be purchased by customers may be restricted wholly at the discretion of Brainchild Arts CIC.
Ticket(s) will be confirmed via email from our sole agent TTS. Actual event e-tickets (and any applicable routing passes associated with the purchase of vehicle tickets) will be sent by email on 26th July 2021. If there is a change of email address subsequent to ticket purchase, it is the purchaser’s responsibility to update their account details with the ticket agent, to ensure receipt of e-tickets.
All entrants to Brainchild Festival 2021 must be over 18 years old by the opening date of the festival (6th August 2021). Identification checks will be in operation.
General Release Festival Tickets:
In order to help prevent fraudulent activity all types of tickets must be named as part of the booking process and contact details must be provided upon request. It is essential attendees supply unique details for each person ticket: an email address, phone number and name for every person attending is required.
Once you have entered your “names on tickets”, all details are editable by logging into your TTS account, up until e-tickets have been sent out on 26th July 2021. You cannot change the attendee name on tickets after this point, so it is essential that all details are checked and regularly updated.
Free Personal Assistant (PA) adult tickets (made available to attendees with PIP, DLA middle or higher rate allowances, CredAbility Access Card, evidence of being registered severely sight impaired and a recognised Assistance Dog ID Card) are booked via direct communication with Brainchild Festival on email@example.com and are subject to the same terms as all other Festival tickets.
Volunteer Festival Tickets:
Volunteer tickets are available to purchase at the same price as the currently existing tier of General Release Festival tickets.
Upon completion of 12 hours (3 shifts) during the Festival weekend, Volunteer Ticket holders will be refunded half of the cost of their ticket (not including booking fees).
Volunteer Ticketholders must attend a briefing at the festival site on Thursday 8th July at 20.30.
If Volunteer Ticketholders do not fulfil their shifts as set by Brainchild at this briefing, they will not be eligible for the half refund of their Volunteer Ticket.
Volunteer Ticketholders are not permitted to arrive for shifts inebriated or in any other way unfit or inappropriately dressed to fulfil their shifts.
If Volunteer Ticketholders are not able to fulfil their shifts for any reason, they must alert the designated Brainchild Festival staff member as outlined in the Volunteer Pack (sent out 21 days prior to the Festival) at the earliest possible convenience.
Reasons for missing Volunteer Shifts, where reasonable efforts have been made to alert Festival staff as early as possible, will be assessed on a case by case basis in order for staff to decide whether the half refund will be due to the Volunteer Ticketholder. Brainchild Festival staff commit to fair and compassionate assessment of Volunteer Ticketholder circumstances.
All vehicles listed require a vehicle ticket to gain entry to site. Once parked, it is not permitted to exit and re-enter with any vehicle, unless at the discretion of Brainchild Arts CIC and staff members.
It is not permitted that cars are slept in during the event.
Anyone arriving in a vehicle outside advertised opening hours will be turned away and if they choose to park illegally on the verges they may be refused entry to the event.
Anyone refusing to adhere to the parking staff instructions or the event regulations will be asked by security to leave without refund. All vehicles must be parked in designated areas as directed by a car park steward.
Brainchild Art CIC reserves the right to search all vehicles while on site.
All merchandise listed on the ticket page have prices that include P&P. All items will be dispatched within three weeks of purchase – unless otherwise stated at the point of sale. Normal consumer rights are not affected.
CANCELLATION, MISUSE AND REFUNDS
Although we will do our best to keep you informed of any cancellation, it is the ticket holders’ responsibility to establish whether an event has been cancelled and the date and time of any rearranged event.
Should the programme be altered, or varied, for any reason, Brainchild Arts CIC has no obligation to refund any monies or exchange tickets.
Tickets are sold “subject to license” approval.
Only tickets bought via the official website and issued via our official agent, are valid. Avoid disappointment and fraud – please do not buy or sell tickets from anywhere else (forums, eBay, Viagogo, Gum Tree etc). Tickets may not be transferred or re-sold except via our official ticket agent channel – The Ticket Sellers (TTS).
If tickets are found to have been listed, re-sold or transferred for profit, or commercial gain on any unofficial platform (for example being sold on eBay for more than the original face value), by anyone other than Brainchild Arts CIC and their ticket agent TTS, they will be voided, the holder refused entry and all tickets in the purchasers’ order will automatically become non-refundable.
All TTS fees including but not limited to booking and transaction fees are non-refundable and outside of the scope of these terms and conditions. All ticket buyers should also review the TTS Customer T&Cs.
Brainchild Festival tickets are non-refundable under normal circumstances.
In the event of the festival being cancelled due to adverse weather, tickets will be refundable due to cover from Brainchild Arts CIC’s insurance policy.
Early Sell-Out & Re-sales
If Brainchild Festival tickets sell out in advance, the organisers may instruct TTS to grant refunds when requested on the condition that a new buyer is found for the original ticket(s) via the official Waiting List.
All refunds may be subject to £5 administration charge (per order), applied and retained by TTS.
Cancellation due to Covid-19 & the Crowd Cover Pledge
If Brainchild Arts CIC take the decision to cancel Brainchild Festival 2021, due to unforeseen Government, Local Authority or Local Public Health authority restrictions or directives that they deem will make the festival unviable or unsafe, ticket holders will only be entitled to a refund of the ‘Admission Fee’ component of their ticket (50% of overall ticket cost, not including booking fees), and the non-refundable ‘Crowd Cover Pledge’ (50% of overall ticket cost, not including booking fees) will be retained by Brainchild Arts CIC to cover essential pre-production work and deposits.
All ticket and refund enquiries must be directed to the official ticket agent The Ticket Sellers.
Brainchild Arts CIC is unable to accept any liability to replace any tickets lost, stolen, damaged or unauthorised use of e-ticket codes resulting from the sharing, deliberate or accidental, of e-tickets and barcodes by purchasers, after they have been received. NB. Once an e-ticket is used or ‘spent’, it becomes invalid and any further persons attempting to use an e-ticket or barcode will be rejected.
If an event of Force Majeure occurs which is outside the reasonable control of Brainchild Arts CIC, Brainchild Arts CIC shall notify the ticket holder specifying the nature, cause and likely effect of the Force Majeure event. Brainchild Arts CIC will not be deemed to be in breach of this Agreement (including cancelling the event) where such breach or failure to perform is as a result of a Force Majeure event.
“Force Majeure” means: (a) any cause preventing the Brainchild Arts CIC from hosting or staging the Event (in whole or part) or otherwise from entering the festival grounds due to any unavailability of the festival grounds or any actions or omissions of the festival grounds’ owner; and/or (b) where the following occurs or there exists a real likelihood or material threat of the following occurring: any other event, act, statute rule regulation or act of any government or any other legally constituted authority, non-happening, omission or accident (including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters acts of God, war (whether declared or not), threat of or preparation for war, terrorist activity, failure of public utilities or civil commotion, royal demise) beyond Brainchild Arts CIC’s reasonable control.
Site rules must be observed at all times. Site rules apply to all areas of the event including campsites and carparks.
We reserve the right to eject individuals or groups, for the contravention of these site rules, or for any reason whatsoever at the discretion of Brainchild Arts CIC staff, via the on site evictions process.
A valid ticket in an individual’s name, corresponding to the correct associated wristband must be worn by all patrons, public, crew and performer. Personal identification must be shown on request.
Anti-social, abusive, violent, threatening or predatory behaviours will not be tolerated. Eviction is at the discretion of Brainchild Arts CIC and its staff team.
Brainchild Festival and Brainchild Arts CIC have a no drugs policy and reserves the right to search and eject anyone suspected of taking illegal substances or infringement of this policy. Our eviction policy also includes the use of nitrous oxide. All confiscated items will be securely locked away to be handed over to police after the conclusion of the event. A seizure form will be completed with drug confiscations and kept on record. This process has been supplied by East Sussex police.
Any form of criminality will result in eviction, reporting to the police and any other relevant authorities. This includes theft and criminal damage, such as tagging or vandalism on site.
No glass is permitted on the festival site for safety reasons. Random bag searches will be carried out on entry and attendees must submit to any reasonable search request. Any items which are not allowed into the event should be left in the owner’s car and not brought into the festival. Glass identified during searches on entry will be confiscated and forfeited – this includes foodstuffs.
You may bring limited amounts of alcohol to site. The per person limit is up to a 70cl bottle of spirits OR one crate of beer/cider/ale (12 cans) OR 1.5L of wine. Alcohol can only be brought in on first entry and must be decanted out of glass receptacles into plastic. Excess alcohol will be confiscated and forfeited.
Smoking is not permitted in enclosed public spaces or buildings including toilets, tents and venues. This includes e-cigs and vaping.
Ticketholders must cooperate with the Challenge 25 alcohol purchasing policy in Brainchild Festival bars.
Fires and BBQs are not permitted anywhere on site.
No animals may not be brought anywhere on site. (Registered guide dogs are an exception to this rule).
The use of drones or similar equipment for any reason is prohibited on or near the event without written permission from Brainchild Arts CIC.
Items which you cannot bring to the festival:
- Glass – We do not allow any glass on site for safety reasons
- Non-personal or excessive amount of cigarettes and, or rolling tobacco (at the discretion of Brainchild Arts CIC and staff)
- Non-personal or excessive amounts of alcohol – up to a 70cl bottle of spirits OR one crate of beer/cider/ale (12 cans) OR 1.5L of wine per person
- Any items with an intention to retail without prior arrangement
- Nitrous oxide
- Sound systems, PA, lighting, projection or special effects equipment without express written approval from Brainchild Arts CIC
- Unauthorised goods with any Brainchild logo or branding
- Body piercing equipment
- Candle flares, without written approval from Brainchild Arts CIC
- Floating sky lanterns
- Drones or other airborne apparatus
All attendees must adhere to the rules and regulations of the venue, the event organisers (Brainchild Arts CIC) and of Brainchild Festival.
It is possible that exposure to loud music may cause damage to hearing, please bring your own ear protection.
Please be aware that lighting effects including strobe lighting may be used.
If the weather is wet, ground conditions in some areas will be puddled or muddy. It is the ticketholder’s responsibility to be prepared for the ground conditions. Wear clothes/shoes appropriate for ground conditions. In the event of poor weather move around the site with caution.
If the weather is hot, it is the ticketholder’s responsibility to be prepared with sunscreen, suitable clothing and enough water to maintain hydration, and monitor their exposure to the sun.
It is the responsibility of attendees to check gate opening and closing times – which may change without notice. Ticket holders will not be admitted outside of these times.
Re-entry of persons is subject to our exit and re-entry system, and re-entry is at the discretion of Brainchild Arts CIC and its staff.
Brainchild Arts CIC, Brainchild Festival and our official agents can accept no responsibility for any personal property. Please do not bring unnecessary valuable items or excessive amounts of cash, as card payments are available on site.
Our photographers and videographers will be on site, capturing images and video recordings of the festival, including the audience. The audience has no rights to these images, and Brainchild Arts CIC or any authorised third party is entitled to free use of these images and recordings in any reasonable manner without claim. Ticket holders consent to inclusion in the photographic, visual and audio promotion of the festival.
Terms and conditions are subject to change at any time. We encourage you to review regularly for any changes.
ROAR – Right of admission reserved by Brainchild Arts CIC and Brainchild Festival at all times.
All of these terms and conditions are governed by English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
Welfare & Inclusivity
Everybody has the right to enjoy the festival experience free from harassment, microaggressions, abuse or intimidation. We are committed to ensuring that Brainchild is an inclusive space for communities targeted by discrimination such as racism, sexism, transphobia, ableism and homophobia, and will be publishing a new Welfare Policy and a Harmful & Abusive Behaviour Policy in advance of the 2021 Festival. These policies in addition to the Ticketholders Information Pack (to be sent by July 1 2021) will outline procedures for reporting any harmful behaviour. We welcome feedback on how we can improve on these efforts. As a community based festival, every person who comes to Brainchild (as crew, artists or audience) has a shared responsibility to oppose discriminatory behaviours and promote inclusivity.