Ticket Terms and Conditions (Sale of Costume and Entitlement to Play in Band)
This ticket sets out the terms and conditions of sale of the costume ordered on the front-face and details the basis upon which you can participate in the activities of the band as a reveller on Carnival
Monday and Tuesday (‘the Event’). The purchase of this ticket constitutes acceptance of the Terms and Conditions.
This ticket cannot be exchanged, transferred or refunded after purchase, subject to Clause 3(c) below. You must present this ticket (and be able to prove your identity with valid Photo-ID) in order to collect
your costume and to be able to participate in the Event.
Payment
a) Unless you have paid the full purchase price for your costume by no later than the date given for its collection/delivery, you will not be able to collect it. The time for payment of the price shall
be of the essence.
b) Please note that the deposit paid to secure the costume (which involves sourcing materials, cutting, sewing and working on it) is non-refundable.
c) If you wish to make other part payments towards the purchase of the costume, please ensure that all such payments are reflected on the record above and that you get a receipt evidencing
such payments. In the event the Producer agrees a refund of any installments paid towards the purchase price (not including the deposit which is non-refundable), then such refund shall be at the
Producer’s sole discretion, and it shall only be made payable in the name of the purchaser that appears on the ticket.
d) In the event you fail to pay for the costume in accordance with sub-paragraph (a) above, the Producer shall have the right to resell the costume at the same or at a discounted price without
any liability to you.
Costume
The Producer shall use all reasonable endeavors in providing a costume that matches the specifications given for collection/delivery at the appointed time. No other specifications, descriptive material,
written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into these Terms and Conditions.
The Producer shall not be liable for any failure to deliver the costume if such failure is occasioned by fire, theft, inability to secure materials or any other cause or circumstance beyond the reasonable
control of the Producer in that regard.
The Producer grants no warranties relating to defects in the design, workmanship or materials of the costume. In particular, there is no warranty regarding use, quality, merchantability, fitness, working
order or condition of the costume except that it will be reasonably fit for the purpose.
You must make all necessary arrangements to collect or take possession of your costume at the time and at the place given for collection/delivery. If you fail to do so and, in any event, should you fail to
collect the costume by 9:00 pm on Carnival Sunday, you will be deemed to have abandoned the costume and your place in the band. In that event the Producer will have the right to withhold, dispose and or
resell the costume (at the same or a discounted price) without any liability to you.
Admission to and ejection from the Band
The Producer reserves the right to refuse admission to the band in his absolute discretion.
Entry will not be permitted if you are carrying in your possession prohibited items, which shall include but not be limited to guns, knives, ice picks, mace, weapons, chemicals of any kind, commercial
recording equipment, pets, flares, fire-crackers or smoke bombs. Such prohibited items shall be confiscated by the Producer and kept by the Producer during the Event for return to you after the Event. The
Producer shall not be responsible for any loss or damage to such prohibited items during the Event.
You may not bring into the band or use within the band any equipment which is capable of recoding or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or
data in relation to the Event or the band. Small cameras and mobile phones are permitted provided that they are for personal and private use only. Any material, footage, information or data captured by
such cameras and mobile phones shall be for your personal use only and you expressly agree not to distribute such material, footage, information or data for any commercial purpose whatsoever.
The Producer reserves the right to eject from the band any person who fails to comply with the Terms and Conditions or who, in his opinion, represents a security risk, danger, disturbance, nuisance or
annoyance to the activities of the band or the Producer.
You are required to
a) Follow and obey all reasonable directions and instructions issued by the Producer, his servants and agents (in particular, your section leader and the band’s security personnel) during the Event.
b) Be in costume and to stay in your section when the band is crossing the various judgment points, for example, the savannah stage.
c) Comply with all relevant laws and regulations, health and safety regulations and applicable rules and regulations pertaining to venues and the various competitions while participating in the
Event.
Exclusions of liability
a) While the Producer takes all reasonable care in the performance of this Agreement generally, the Producer shall not be liable for any personal injury, ailment or loss to you or for any loss or
damage to your property which may occur during the Event except for death or personal injury caused by the negligence of the Producer and recoverable on that ground.
b) Playing mas involves exposure to the elements, crowds and loud noise. Participating in this activity has an inherent degree of risk involved and requires you to be in good physical shape and to
take proper care. While the Producer takes all precautions and uses his best endeavors to ensure that the band and its activities are enjoyable, accidents do happen. It must be made clear that you
participate in the band and its activities at your own risk, and the Producer excludes to the maximum extent permitted by the law any liability for loss, injury or damage to persons or property which may
occur during the Event due to any cause whatsoever beyond his reasonable control.
c) The Producer has no obligation, duty or liability to you in contract, tort, for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
The Producer will not be liable for any delay in performing his obligations as a result of riot, civil disturbance, strikes, industrial disputes, flood or bad weather, acts of terrorism, governmental orders
decrees or the act of any authority (including refusal or revocation of any license or consent), default of suppliers or sub-contractors or any other cause or circumstance beyond the Producer’s reasonable
control.
Recordings of the Event
You consent to filming and sound recording of the Event as a reveller in the band;
You consent to the use of such recording in any broadcast in any territory in the world (including but not limited to website publication and all media);
You understand and agree that the Producer may alter, adapt or edit any such recordings and market and exploit them at his sole discretion; and
You acknowledge and agree that no money shall be payable to you in connection with any such use, and there is no obligation on the part of the Producer to provide a credit or acknowledgement to you.
Ownership and Non-Transferability of Ticket
This ticket shall remain at all times the property of the Producer who has the right to recall it at any time.
Unless otherwise expressly authorized by the Producer, this ticket is issued for your personal use only. In purchasing this ticket you are deemed to be acting in your personal capacity and not as agent for
any third party. You are not permitted to sell or otherwise transfer this ticket to others, or to exploit it commercially or non-commercially, or to use for promotional purposes, hospitality purposes,
competitions or campaigns or to transfer and or dispose of this ticket in any way.
Any ticket obtained in breach of these Terms and Conditions shall be void and all rights conferred or evidenced by such ticket, including without limitation the right of entry and to participate in the activities
of the band, shall be immediately nullified and withdrawn. The Producer shall be entitled to deny right of access to the band and confiscate such ticket as a result. The Producer has the right to eject anyone
who has used such ticket to gain access to the band, all without any obligation to refund the purchase price to the purchaser.
The Producer accepts no responsibility to replace lost, damaged or stolen tickets.
The Producer reserves the right to alter the advertised programme for the Event owing to any unforeseen or unavoidable circumstances and no refunds, exchanges or alternative use of tickets shall be
offered or made available in such circumstances.
Failure to observe any of these Terms and Conditions will constitute a breach of contract enforceable in law and may result in legal action by the Producer.
These Terms and Conditions are governed by and construed in accordance with the Laws of Trinidad and Tobago and the parties submit to the exclusive jurisdiction of the Courts of Trinidad and Tobago.