Terms of Use

1. These Terms

These Terms of Use (“Terms”) are the rules for badgermusicfestival.com and the services Badger Music & Arts Festival LLC (“Badger,” “we,” “us”) runs on it. That includes browsing the site, creating an account, applying to take part, buying tickets, using community areas (including a forum), and signing agreements with us through the site.

By using the site you agree to these Terms. If you do not agree, do not use the site.

Other documents sit alongside these Terms:

• Our Privacy Policy and Cookie Notice cover personal information.
• Ticket purchases are also governed by the Ticket Purchase Agreement & Liability Waiver, which you accept at checkout.
• If we send you a written contract through the site (for example a performer, vendor, or other participation agreement), that contract is a separate agreement. These Terms cover the website. The signed contract covers that engagement. If the two conflict on the subject of that engagement, the signed contract controls.

2. Eligibility

You must be able to form a binding contract to use the site. To create an account, or to buy a ticket, you must be at least 18 years old, or have the consent of a parent or guardian who agrees to these Terms on your behalf.

You may keep one account. The information you give us must be accurate and kept up to date.

3. Your account

Some parts of the site require an account. You are responsible for activity that happens under your login. Keep your password and sign-in details to yourself. Do not use another person’s account or share yours. If you think someone else used your login, tell us.

If you sign in with Google, Google’s own terms apply to that sign-in. We receive the account details Google sends us so we can recognize you.

We may suspend or close an account if these Terms are broken, if we need to protect the site or other people, or if the law requires it. You can ask us to close your account by emailing support@badgermusicfestival.com. Closing an account does not cancel a ticket you already bought or a contract you already signed.

4. Use of the site

We grant you a limited, non-exclusive, revocable permission to use the site to learn about the festival, apply, buy tickets, take part in community areas, and handle agreements we send you. You agree not to:

• use the site for any unlawful purpose or in violation of these Terms;
• scrape, harvest, or collect data at scale, or use bots or automated means except for legitimate search-engine indexing;
• attempt to gain unauthorized access to, probe, or disrupt the site, its servers, or other people’s use of it;
• circumvent security, access controls, or usage limits;
• upload malicious code, or content that is unlawful, infringing, or harmful;
• impersonate Badger, our staff, or another person, or misrepresent your affiliation.

5. Applications and participation

If you submit an application or other materials (for example artist, vendor, performer, volunteer, or theme-camp submissions), you represent that the information is accurate and that you have the right to provide it. You retain ownership of your materials, and you grant us permission to use them to review and administer your application and, if accepted, to coordinate your participation.

Sending an application does not guarantee acceptance. Acceptance of an application does not, by itself, create a paid engagement or a right to a particular slot, fee, or placement. If we need a written contract for your role, that contract is what sets those terms.

Do not submit confidential information you do not want us to use for these purposes.

6. Tickets and purchases

Ticket purchases are also governed by our Ticket Purchase Agreement & Liability Waiver, which you accept at checkout. Ticket sales are final if you change your mind, cannot attend, or lose your ticket. Colorado law (C.R.S. 6-1-718) requires a full refund of the ticket price if we cancel the event, if the ticket is counterfeit, if it does not reasonably match what was advertised, or if a valid ticket does not get you in for a reason that is not your doing. A change to lineup, schedule, or activities, or a postponement to a new date where your ticket still works, is not a cancellation.

Use our ticket exchange to move a ticket to someone else so we can assign it to them. That is the transfer we support. Colorado law does not let us ban other resales or refuse a valid ticket just because it was bought from someone else. If you hand a ticket off outside our exchange, we do not replace it if it is lost or already used. We may still refuse or remove someone for safety, fraud, or a written event rule.

Payments are processed by Stripe. We do not receive or store your full card number. The amount you confirm at checkout is the total you pay, including applicable Colorado state and Park County event sales tax and any listed fees. A ticket purchase is a purchase from Badger, not a subscription.

7. Community and forum

The site may include a forum and other community areas where you can post messages, comments, or files. Posts by other people are theirs. We are not the speaker or publisher of other people’s posts. A community post is not an official instruction from Badger unless we clearly present it as one.

You own the content you post. You grant us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and share that content as needed to run the community and the festival. If you post in a public area, other people can see it and may quote it. If you delete a post, copies may remain in backups, logs, or other people’s replies.

You agree not to post or upload material that:

• is illegal, or that you do not have the right to post;
• threatens, harasses, or targets a person, or publishes someone else’s private information without permission;
• is spam, a scam, malware, or unsolicited advertising;
• is commercial promotion on the site without our permission;
• impersonates another person or misleads people about who you are.

You are responsible for what you post. We may remove posts, limit features, or close accounts. We do not promise to read every post before it appears, and we do not have to explain every moderation decision. If you see a post that breaks these rules or the law, email support@badgermusicfestival.com.

8. Contracts and electronic signatures

You agree that we may do business with you electronically. That includes account notices, applications, tickets, and written contracts we send you through the site. Under the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and Colorado’s Uniform Electronic Transactions Act (C.R.S. Title 24, Article 71.3), an electronic record and an electronic signature have the same legal effect as a paper record and a handwritten signature.

An electronic signature includes checking a box, clicking a button labeled to accept or sign, typing your name, or taking another action we present as signing a specific document. You intend that action to be your signature on that document.

If you sign for a band, business, or other person, you represent that you have authority to bind them. If you do not have that authority, do not sign.

We keep a record of the document, who signed, and when. You should download or save your own copy. If you need another copy, email support@badgermusicfestival.com.

You can get a paper copy of an electronic record by asking us at that address. Asking for paper, or telling us you no longer want electronic records, does not cancel a contract you already signed or a ticket you already bought. Under C.R.S. 24-71.3-105(3), agreeing to one electronic transaction does not waive your right to refuse to do a later, separate transaction electronically, and that right cannot be waived. If you refuse electronic records for future business, email us or close your account. We may then need to finish remaining business with you another way, or we may not be able to offer features that only work electronically.

To use these features you need a current web browser, an internet connection, and the ability to view HTML and PDF and keep a copy (print or save). If those requirements change in a way that matters, we will tell you.

Some documents cannot be signed this way under applicable law (for example certain wills, court filings, or real-estate transfers). We do not use the site for those. Festival participation contracts and website acceptances are the kind of agreement these laws allow to be signed electronically.

9. Intellectual property

The site and its content — including text, graphics, logos, the Badger name and marks, artwork, layouts, and software — are owned by Badger or our licensors and are protected by intellectual-property laws. Artist names, images, and marks belong to their respective owners. You may not copy, reproduce, distribute, or create derivative works from our content without our prior written permission, except for the limited use described in these Terms.

10. Copyright complaints

If you believe material on the site uses your copyrighted work without permission, email support@badgermusicfestival.com with all of the following:

• your name and a way to reach you;
• a description of the copyrighted work;
• where the material appears on the site (a URL is best);
• a statement that you have a good-faith belief the use is not authorized by the owner, their agent, or the law;
• a statement, under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act for the owner;
• your physical or electronic signature.

We may remove the material and, if the same person keeps posting other people’s copyrighted work, we may close their account.

11. Third-party links and services

The site may link to or use third-party services (such as Stripe, Google, and social or measurement tools). We are not responsible for their content, policies, or practices. Your use of those services is governed by their terms.

12. Disclaimers

The site is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or secure, and we may modify or discontinue features at any time.

13. Limitation of liability

To the fullest extent permitted by law, Badger and its officers, members, employees, volunteers, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or relating to your use of the site. This limit does not apply to liability that Colorado law does not allow us to limit, including willful and wanton conduct or a refund C.R.S. 6-1-718 requires. Liability arising from attending the event is governed by the Ticket Purchase Agreement & Liability Waiver. Disputes about a signed participation contract are governed by that contract.

14. Indemnification

You agree to indemnify and hold harmless Badger and its personnel from claims, damages, and expenses (including reasonable attorneys’ fees) that arise from your own conduct on the site, your posts, your applications, your breach of these Terms, or your signing a contract without authority. This does not require you to cover claims that arise from our willful and wanton or grossly negligent conduct.

15. Privacy

Your use of the site is also governed by our Privacy Policy and Cookie Notice.

16. Changes to these Terms

We may update these Terms. When we do, we will change the “Last updated” date on this page. If you have an account, we may ask you to accept the updated Terms before you continue. If we post a change and do not ask for a new acceptance, your continued use of the site after the change is posted is acceptance of the updated Terms. Changes apply going forward. They do not rewrite a ticket you already bought or a contract you already signed, unless that document says otherwise.

17. Governing law

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Any dispute relating to the site or these Terms will be resolved exclusively in the state or federal courts located in or serving Park County, Colorado. Nothing in these Terms limits a right Colorado consumer-protection law gives you that cannot be waived, including C.R.S. 6-1-718.

18. Severability and entire agreement

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. Together with the documents they reference, these Terms are the entire agreement between you and Badger regarding your use of the site, except for tickets (the waiver) and any separate contract you sign with us.

19. Contact

Badger Music & Arts Festival LLC
14 Apalachee Trl, Hartsel, CO 80449, United States
Email: support@badgermusicfestival.com