Terms of Use & Conditions
 

1905 Fest, LLC

Effective Date: October 9, 2026
 

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY. SECTION 15 CONTAINS A PROPOSED BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER THAT, IF VALIDLY ACCEPTED AND ENFORCEABLE, AFFECT YOUR LEGAL RIGHTS.
 

These Terms of Use & Conditions (“Terms”) constitute an agreement between you (“User,” “you,” or “your”) and 1905 Fest, LLC, a California limited liability company (“1905 Fest,” “Company,” “we,” “us,” or “our”).
 

These Terms govern your access to and use of websites, digital platforms, online content, communication services, and other online features owned or operated by 1905 Fest (collectively, the “Website” or “Services”).

By affirmatively accepting these Terms, you agree to be bound by them. Your access to the Website is also subject to applicable laws and the conditions stated herein. Mere access to the Website does not necessarily establish contractual acceptance of provisions requiring affirmative agreement.
 

If you do not agree to these Terms, you should discontinue use of the Website and Services.
 

1. Scope of Services

1905 Fest is an entertainment and event production company engaged in developing, producing, promoting, and operating live music festivals, cultural experiences, and related activities.
 

The Website may provide information regarding:

• Festivals, concerts, and other entertainment events.

• Artists, performers, programming, and schedules.

• Ticketing and event registration opportunities.

• Sponsorships, partnerships, and vendor opportunities.

• Media, creator, and volunteer opportunities.

• Community programs and initiatives.

• Marketing communications and promotional activities.

• Other products, services, and experiences associated with 1905 Fest.
   

The Company reserves the right to modify, suspend, discontinue, or restrict any Website feature or Service at any time, subject to applicable law and existing contractual obligations.
 

2. Additional Policies and Agreements

These Terms operate alongside the Company's Privacy Policy and any additional agreements applicable to specific transactions, programs, or activities.
 

Additional policies may include:

• Ticket Purchase and Refund Policies.

• Event Admission and Safety Policies.

• Merchandise Purchase Terms.

• Contest and Sweepstakes Rules.

• Vendor and Partnership Agreements.

• Privacy and Marketing Consent Disclosures.
   

Where additional terms apply, they will be presented as appropriate in connection with the relevant service or transaction.
 

If these Terms conflict with a separately accepted agreement governing a particular purchase or service, the more specific agreement will control that transaction unless expressly stated otherwise and permitted by law.
 

No provision of these Terms is intended to waive rights or remedies that cannot legally be waived.
 

3. Eligibility and User Responsibilities

The Website is intended for a general audience and is not directed toward children under 13 years of age.
 

Users under the age of majority should obtain permission from a parent or legal guardian before entering into transactions or agreements requiring legal consent.

You agree to:

• Provide accurate information when submitting inquiries or registrations.

• Use the Website only for lawful purposes.

• Respect the rights and intellectual property of the Company and third parties.

• Avoid interfering with Website security or functionality.

• Comply with applicable laws and regulations.
   

If account registration becomes available, users will be responsible for maintaining the confidentiality of their login credentials and promptly reporting suspected unauthorized access.
 

The Company may suspend or terminate access when reasonably necessary to address unlawful activity, security threats, fraud, or material violations of these Terms.
 

4. Intellectual Property Rights

All Website content, including but not limited to text, photographs, artwork, graphics, videos, audio, logos, trademarks, service marks, designs, software, and other materials (collectively, “Company Content”), is owned by or licensed to 1905 Fest, LLC or its respective rights holders.
 

Company Content is protected by applicable copyright, trademark, intellectual property, and unfair competition laws.
 

The Company grants users a limited, revocable, nonexclusive, nontransferable license to access and view Company Content for lawful personal, noncommercial purposes.
 

Except as permitted by applicable law or authorized in writing, users may not:

• Reproduce, distribute, sell, or commercially exploit Company Content.

• Modify or create derivative works from Company Content.

• Use the Company's name, trademarks, or logos to imply endorsement or affiliation.

• Remove copyright or proprietary notices.

• Use Company Content for unauthorized advertising or commercial activities.

• Scrape, systematically extract, or reproduce substantial portions of the Website.
   

All rights not expressly granted are reserved.
 

Nothing in these Terms restricts legally protected commentary, criticism, news reporting, fair use, or other rights established under applicable law.
 

5. User Submissions and Content

The Website may allow users to submit inquiries, comments, proposals, photographs, videos, documents, applications, or other materials (“User Content”).
 

By submitting User Content, you represent that:

1. You own or have the necessary rights to submit the material.

2. Your submission does not knowingly infringe the rights of another party.

3. The information provided is accurate to the best of your knowledge.

4. Your submission does not contain unlawful or malicious material.

You retain ownership of your original User Content.

You grant 1905 Fest a nonexclusive, royalty-free license to access, store, reproduce, transmit, and share submitted materials internally or with authorized service providers to the extent reasonably necessary to process your submission, respond to your inquiry, administer the relevant service, and maintain business records.
 

Where users voluntarily submit content specifically for public display or promotional use, additional permissions may be requested.
 

Submission of materials does not create an obligation for 1905 Fest to review, respond to, compensate, or enter into a business relationship with the submitting party.
 

Unless a separate written confidentiality agreement exists, unsolicited business proposals, creative concepts, and other submissions should not be considered confidential solely because they were submitted through the Website.
 

The Company reserves the right to remove unlawful, infringing, or otherwise prohibited content from platforms under its control.
 

6. Code of Conduct and Prohibited Activities

Users may not engage in activities that compromise the security, integrity, or lawful operation of the Website.
 

Prohibited activities include:

• Unauthorized access to Website systems, accounts, or databases.

• Introducing viruses, malware, or malicious software.

• Using automated bots to interfere with Website operations.

• Attempting to bypass security measures or access restrictions.

• Fraudulent submissions, impersonation, or misrepresentation.

• Unauthorized commercial solicitation or spam.

• Collecting personal information about other users without authorization.

• Infringing intellectual property or privacy rights.

• Interfering with another person's lawful use of the Website.

• Engaging in unlawful activities through the Services.
   

Where ticketing or purchasing functions are available, additional restrictions may apply to automated purchases, unauthorized resale, fraudulent transactions, or circumvention of purchasing limits.
 

The Company may take reasonable enforcement action, including restricting access, removing prohibited content, and reporting suspected unlawful conduct to appropriate authorities.
 

7. Festival Information, Approvals, and Changes

1905 Fest develops and produces live entertainment experiences that may depend upon governmental approvals, permits, licenses, venue agreements, artist contracts, public safety requirements, and other operational conditions.
 

Unless expressly confirmed otherwise, event dates, locations, artists, schedules, programming, capacity, amenities, and other proposed event details are subject to change.
 

Publication of proposed event information does not guarantee that:

• An event will occur on a particular date or at a particular location.

• Any specific artist or performer will appear.

• Any particular activity, attraction, or amenity will be available.

• All required governmental approvals or permits have been obtained.

• A proposed event will proceed without modification.
   

The Company may modify, postpone, relocate, or cancel proposed activities when reasonably necessary for operational, contractual, governmental, safety, or other legitimate reasons, subject to applicable law and binding purchase agreements. Nothing in this section limits statutory ticket refund rights or other nonwaivable consumer protections.
 

8. Ticketing, Purchases, and Event Admission

Tickets, merchandise, event registrations, and other products or services may be offered directly by 1905 Fest or through authorized third-party providers.
 

Purchases may be governed by additional terms presented before checkout, including policies concerning:

• Pricing, taxes, and service fees.

• Payment authorization and processing.

• Ticket delivery and verification.

• Refunds, cancellations, and postponements.

• Transfers and resale.

• Admission requirements.

• Prohibited items and conduct.

• Security and safety procedures.

• Age restrictions.

• Accessibility accommodations.
   

The Company may reject fraudulent transactions or enforce reasonable purchasing restrictions consistent with applicable law.
 

The Company is not responsible for transactions conducted through unauthorized ticket sellers or fraudulent third-party websites, except to the extent responsibility is imposed by law.
 

Nothing in these Terms overrides California consumer protection requirements or applicable ticket refund laws.
 

9. Event Risks and Safety

Live entertainment events may involve inherent risks, including those associated with crowds, loud music, weather, outdoor environments, temporary structures, transportation, and the conduct of other attendees.
 

Certain events may take place in beachfront or other outdoor environments where additional natural conditions may be present.
 

Visitors are encouraged to follow official safety instructions and exercise reasonable care when attending events.
 

These Website Terms do not independently establish a release of liability for personal injury, death, or other claims arising from attendance at an event.
 

Where appropriate and legally enforceable, event-specific assumption-of-risk provisions, safety acknowledgments, and admission conditions may be presented through separate ticketing or event admission agreements.
 

Nothing in these Terms releases the Company from liability that cannot lawfully be waived, including liability for gross negligence, willful misconduct, or violations of applicable law.
 

10. Email and Mobile Messaging

1905 Fest may offer optional email and SMS communication programs.

Communications may include festival announcements, ticketing information, promotional offers, community programming, and other updates.

Marketing communications will be sent in accordance with applicable consent requirements.
 

Email: Recipients may unsubscribe from marketing communications through the unsubscribe link included in promotional emails.
 

SMS: By separately opting into the Company's SMS program, users consent to receive recurring automated marketing and informational text messages at the telephone number provided.
 

Message frequency may vary. Message and data rates may apply. Consent is not a condition of purchase.
 

Users may opt out by replying STOP and request assistance by replying HELP, where supported by the messaging program.
 

The Company does not guarantee uninterrupted or timely delivery of electronic communications, subject to applicable legal obligations.
 

Users are responsible for maintaining accurate contact information.
 

Additional information regarding personal data and communications is provided in the Company's Privacy Policy.
 

11. Automated and AI-Powered Services

The Website may use automated tools, including artificial intelligence-powered customer service systems, to assist visitors.
 

Automated responses are intended for general informational purposes.
 

The Company does not warrant that automated responses will always be accurate, complete, or current.
 

Automated communications do not independently modify official ticketing agreements, contractual obligations, published policies, or direct written instructions issued by authorized Company representatives.
 

Users should not submit confidential financial information, passwords, or other highly sensitive information through automated chat tools.
 

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, AND COMPANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

The Company disclaims warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted availability, to the extent legally permitted.
 

The Company does not warrant that:

• The Website will operate continuously or without errors.

• Website content will always be complete or current.

• Technical defects will be corrected immediately.

• The Website will be free from all security vulnerabilities.

• Third-party services will operate without interruption.

Users acknowledge that internet-based services may experience technical failures, outages, or unauthorized third-party activity.

Nothing in this section limits warranties or consumer rights that cannot lawfully be excluded.
 

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1905 FEST, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AUTHORIZED REPRESENTATIVES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO USE OF THE WEBSITE OR SERVICES.
 

Such damages may include lost profits, lost business opportunities, loss of data, or interruption of business activities.
 

To the maximum extent permitted by law, the Company's aggregate liability arising from or relating to the Website and Services shall not exceed the greater of:

(A) One hundred U.S. dollars ($100); or

(B) The amount actually paid by the claimant directly to 1905 Fest for the specific Website service giving rise to the claim during the twelve (12) months preceding the event giving rise to liability.
 

This monetary limitation applies only to claims for which such a limitation is legally enforceable.
 

These limitations do not apply to:

• Fraud or intentional misconduct.

• Gross negligence.

• Personal injury or wrongful death claims to the extent liability cannot legally be limited.

• Statutory damages or remedies that cannot legally be waived or restricted.

• Other liabilities that applicable law prohibits limiting.
   

This section does not supersede separately accepted ticketing or event admission agreements.
 

14. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless 1905 Fest, LLC and its members, managers, officers, employees, agents, and authorized representatives from third-party claims, damages, liabilities, judgments, and reasonable expenses, including attorneys' fees, arising directly from:

1. Your material violation of these Terms.

2. Your unlawful or fraudulent use of the Website.

3. Your infringement of another party's intellectual property or privacy rights.

4. Your intentional misconduct or negligent misuse of the Services.

5. User Content submitted by you that unlawfully infringes third-party rights.
    

The Company reserves the right, subject to applicable law, to participate in or assume the defense of a covered claim.
 

This indemnification provision does not apply to claims caused by the Company's own negligence, misconduct, or violation of law and does not waive nonwaivable consumer protections.
 

15. Dispute Resolution, Arbitration, and Class-Action Waiver

IMPORTANT: THIS SECTION AFFECTS LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL AND PARTICIPATION IN CERTAIN CLASS PROCEEDINGS. IT IS INTENDED TO APPLY ONLY WHERE VALIDLY ACCEPTED AND ENFORCEABLE UNDER APPLICABLE LAW.
 

15.1 Informal Dispute Resolution

Before commencing formal proceedings, the parties agree to make a good-faith effort to resolve disputes informally.
 

A party seeking to initiate a dispute should provide written notice identifying the nature of the dispute, relevant facts, and requested resolution.
 

Notices to 1905 Fest may be submitted to:

info@1905fest.com
 

The parties will have thirty (30) days following receipt of notice to attempt informal resolution, unless they mutually agree to extend that period.
 

This requirement does not prevent either party from seeking urgent relief where necessary to preserve legal rights or prevent irreparable harm, and does not restrict rights that cannot lawfully be conditioned on informal resolution.
 

15.2 Binding Arbitration

Except as otherwise provided below, disputes arising from or relating to these Terms or the Website that cannot be resolved informally shall be resolved through binding individual arbitration rather than litigation in court, to the extent permitted by applicable law.
 

Arbitration shall be administered by JAMS under its applicable consumer arbitration rules, including applicable mass-arbitration procedures, as modified only by provisions that are lawful and enforceable.
 

The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration agreement to the extent applicable.

Arbitration may be conducted remotely where permitted by the applicable rules and law.
 

The arbitrator may award any individual relief available under applicable law.

Arbitration fees and costs shall be allocated in accordance with applicable consumer arbitration laws and the governing JAMS rules. Nothing in these Terms requires a consumer to pay fees prohibited by law.
 

15.3 Exceptions

This arbitration agreement does not prevent either party from bringing an eligible individual claim in small claims court.
 

Claims that applicable law prohibits from being subjected to mandatory arbitration are excluded to the extent required by law.
 

Nothing in this section prevents a party from seeking relief from an appropriate governmental agency or exercising nonwaivable statutory rights.
 

15.4 Class-Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO BRING CLAIMS AGAINST ONE ANOTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
 

No arbitrator may consolidate individual claims or preside over a class proceeding except where permitted by applicable law and expressly authorized by the parties or governing arbitration rules.
 

Nothing in this provision waives a right to public injunctive relief or other relief that cannot lawfully be waived.
 

If a court determines that the class-action waiver is unenforceable as to a particular claim or remedy, the treatment of that claim or remedy shall be determined under applicable law.
 

15.5 Enforceability and Consent

This arbitration agreement and class-action waiver are intended to become binding only upon valid contractual acceptance.
 

The Company may require users to affirmatively acknowledge and accept these provisions in connection with particular Services or transactions.
 

If this arbitration agreement is found unenforceable or inapplicable, disputes may proceed in a court of competent jurisdiction, subject to Section 16.
 

16. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, without regard to conflict-of-law principles, except where federal law governs.
 

For disputes not subject to arbitration, the parties agree, to the extent legally permissible, that proceedings may be brought in state or federal courts located in Los Angeles County, California.
 

Nothing in these Terms deprives a consumer of jurisdictional protections or remedies that cannot lawfully be waived.
 

17. Copyright Complaints

1905 Fest respects the intellectual property rights of others.

If you believe content appearing on the Website infringes your copyright, you may submit a written notice identifying:

• The copyrighted work allegedly infringed.

• The material alleged to be infringing and information sufficient to locate it.

• Your name and contact information.

• A statement explaining your good-faith belief that the use is unauthorized.

• A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.

• Your physical or electronic signature.

Notices may be sent to:

info@1905fest.com
 

Where the Company qualifies for and seeks protections under the Digital Millennium Copyright Act, additional statutory requirements, including designated-agent registration and notice-and-takedown procedures, may apply.
 

The Company may remove allegedly infringing materials where appropriate and reserves the right to restrict repeat infringers' access to applicable Services.
 

18. Third-Party Services and Links

The Website may contain links to third-party websites, ticketing services, payment processors, social media platforms, advertisers, sponsors, or other external services.

These services are operated independently and may be subject to separate agreements and privacy policies.
 

The Company does not control and is not responsible for third-party content, transactions, practices, or availability, except to the extent required by applicable law or contractual obligations.
 

Links to third-party services do not necessarily constitute an endorsement, sponsorship, or affiliation.
 

19. Termination and Enforcement

The Company may suspend, restrict, or terminate access to the Website or Services where reasonably necessary due to:

• Material violations of these Terms.

• Suspected fraud or unlawful activity.

• Security threats or unauthorized access.

• Abuse of Website functionality.

• Legal or regulatory requirements.

The Company may preserve relevant records and cooperate with lawful investigations where appropriate.
 

Termination of Website access does not automatically eliminate accrued contractual obligations or legally enforceable rights.
 

Provisions intended by their nature to survive termination, including intellectual property, liability limitations, indemnification, and applicable dispute resolution provisions, shall survive to the extent permitted by law.
 

20. Changes to These Terms

The Company may revise these Terms to reflect operational changes, new services, legal requirements, or other legitimate business needs.

The effective date will be updated when revisions are published.

Material changes requiring additional notice or affirmative acceptance will not become binding until applicable legal requirements are satisfied.

The version of the Terms validly accepted by a user shall govern the applicable agreement unless a subsequent version becomes binding in accordance with law.
 

21. General Provisions

Severability: If a provision is found invalid or unenforceable, the remaining provisions shall continue in effect to the extent legally permissible, subject to any specific severability rules governing arbitration.
 

No Waiver: Failure to enforce a provision does not constitute a permanent waiver of the right to enforce it.

Assignment: The Company may assign its rights and obligations under these Terms in connection with a lawful merger, acquisition, reorganization, or transfer of business assets, subject to applicable law. Users may not assign contractual rights without consent where such restrictions are legally permissible.
 

Entire Agreement: These Terms, together with separately accepted applicable policies and agreements, constitute the agreement governing the relevant Website Services.
 

Headings: Section headings are provided for convenience and do not independently alter the interpretation of these Terms.

Relationship of Parties: Use of the Website does not establish an employment, partnership, joint venture, franchise, or agency relationship between the user and the Company.
 

22. Contact Information

Questions regarding these Terms may be directed to:

1905 Fest, LLC

Email: info@1905fest.com

Website: 1905fest.com

California, United States

© 2026 1905 Fest, LLC. All Rights Reserved.