Terms and conditions:
To participate in any Fiddleheart, LLC event you [the “Participant”] must carefully read this agreement and fully understand and agree to its contents. You are aware that this agreement contains a release of liability and constitutes a contract between yourself and Fiddleheart, LLC, its owners, directors, officers, coordinators, employees, staff, volunteers, affiliates, agents, representatives, contractors, and assigns [hereafter collectively referred to as“Fiddleheart”].
You understand that, as a pre-condition to attending and participating in a Fiddleheart event, you must acknowledge that you have read and agreed to these terms and conditions. If you do not agree with the terms and conditions, you will not be allowed to use Fiddleheart services or attend Fiddleheart events.
Fiddleheart, LLC is a theatrical, highly-interactive events company that offers youth day camps, single or ongoing classes, and ticketed one-day events.
Due to the location and theatrical nature of Fiddleheart events, Participants can expect to be moving outdoors on grassy, hilly terrain and forested areas. Inclement weather may be experienced, including rain, snow, sun, heat and cold. Furthermore, Participants are led by staff in performing physical (sometimes rigorous) activities, including but not limited to walking, running, dancing, sports-like actions and wand-waving. Fiddleheart events involve immersive pretend play from Participants, Fiddleheart staff, and volunteers. Occasionally, surprising and startling events may arise as part of the storytelling.
Save the Magic! [the “Event”] is a 3-hour outdoor, interactive theatre event sponsored by Fiddleheart, LLC.
Tickets: Participant agrees to purchase tickets and pay in full prior to the Event. All ticket sales are final. If tickets are available, ticket-holders may be able to change the day and/or time of the ticket(s) by contacting Fiddleheart. Online prices can change at any time without notice.
Minors: Save the Magic! is an event for ages 7 and up. The Event is NOT a youth day camp and as such is not directly responsible for minors. In accepting these Terms and Conditions, parent or guardian of participating minor(s) agree to take full responsibility for the safety, health and well-being of these minor(s).
All minors under the age of 11 must be accompanied by an adult. This adult is expected to purchase a ticket and travel with the minor throughout the Event. For Participants aged 11 and under, this is not a drop-off event.
All minors aged 12-17 may travel through the Event without direct adult supervision. However, an adult must stay within 5 miles of the premises. Options include downtown Stockton, the Prallsville Mills parking lot or an outdoor, shaded waiting area on the Mill grounds. The adult responsible for unaccompanied minors aged 12-17 are required to leave a contact phone number with Directors of Fiddleheart.
Fiddleheart is not responsible for minors.
Capable of Participation: By accepting these Terms and Conditions, Participant confirms that they are able to participate in all activities during the Event. Furthermore, parents or guardians of minor(s) confirm that the minor(s) are able to participate in all activities during the Event and give permission for minor(s) to participate in all such activities.
Right to Cancel Event: Fiddleheart reserves the right to cancel any the Event due to insufficient enrollment, inclement weather or a Force Majeure (events such as war, riots, fires, floods, national security orders, instructions from local authorities, etc). In the event of cancellation of the entire event with no alternate days/times to attend, all ticket holders will receive a full refund or will be given the opportunity to donate some or part of the refund to Fiddleheart.
Right to Withdraw: The directors of Fiddleheart reserve the right, at their discretion, to withdraw Participant(s) whose influence or actions are deemed unsatisfactory, dangerous or incompatible to the values Fiddleheart. If this occurs, no return of fee, or any part thereof will be made. Using profanity, disparaging dialogues, abuse behavior, physical violence or threats and violations of any applicable laws during participation in Fiddleheart is strictly prohibited. Furthermore, participants are prohibited from bringing or using all tobacco products, alcohol and drugs of any kind.
Personal Belongings: Participant belongings brought to the “Event” are their sole responsibility Expensive and treasured items should not be brought to the event. Fiddleheart is in no way responsible should participants personal items become damaged, lost or stolen.
Damage to Property: Participant agrees to pay for property damage caused directly, or indirectly, as a result of negligent action of the Participant.
Photography/Filming: By accepting this Terms and Conditions, participants give permission to Fiddleheart to be photographed, audio and video recorded and that such material can be used by Fiddleheart for promotion, public relations and marketing of Fiddleheart and its products and services. The copyright of all photography, recordings and videos appearing on our marketing materials, websites and social media belongs to Fiddleheart. No reproduction may be made without prior permission from the Fiddleheart management.
If a photograph, recording or video of Participant is posted on the Fiddleheart Facebook page, Instagram page or website (www.fiddleheartmagic.com) or any other solely-Fiddleheart published materials, Participant may request of Fiddleheart that photograph, recording, video or image be removed. However, Participant agrees that Fiddleheart has no control or responsibility for photographs, recordings or videos taken by or posted by any Participant, third party, or other person.
~Release. Participant releases Fiddleheart from all liability or responsibility regarding photographs, images, audio recordings and videos that are captured at Fiddleheart events.
Medical/Health Emergencies: Participant hereby consents to medical treatment in a medical emergency where Participant is unable to consent to such treatment. If Participant is a minor and a parent or guardian cannot be reached during a medical emergency, the parent or guardian gives Fiddleheart permission to call emergency services including an ambulance. Furthermore, the parent or guardian agrees to have their child examined by a licensed health care provider if needed. All expenses for such medical services will be paid for by the Participant, or in the case of a minor, the parent or guardian of the Participant.
Participant understands that Fiddleheart does not carry participant insurance. Participants are encouraged to have a physical examination and to purchase health insurance prior to any and all participation. Any medical needs or concerns must be made known to Fiddleheart directors prior to participation in Fiddleheart events.
Limitations of Liability: IN NO EVENT SHALL FIDDLEHEART, THE RELEASEES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF AND PARTICIPATION IN FIDDLEHEART EVENTS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Assumption of Risk: Participant acknowledges to participating voluntarily in the activities at Fiddleheart events. Participant understands that Fiddleheart events involve vigorous physical activity that may include physical contact from other participants. Possible physical activities include: walking, running, dancing, sports-like actions, and wand-waving. Participant agrees to assume any and all risks of bodily injury, death, property damage, illness and infection, whether those risks are known or unknown, all risks that arise out of the use of any equipment or location, Fiddleheart activities, the acts of other participants, acts of Fiddleheart directors, staff and volunteers or the unavailability of immediate emergency care.
Participant agrees to remove themself from participating in the Event should Participant observe any hazard or unsafe condition or feel unfit or unable to safety continue.
Covid19: Participant assumes any and all risk related to Covid 19. Please click here to see our current protocols.
Safety: Not limiting any of the foregoing, and without admitting to or taking responsibility for any Participant’s safety, nor incurring any liability whatsoever if any of the following are not performed, Fiddleheart attempts to reduce the risk to Participant by doing the following:
Implement a safety procedure; providing basic first aid supplies and at least one person trained in basic first aid, such person not admitting to or acquiring any responsibility or liability for their treatment or non-treatment of injuries or illnesses; develop and enforce policies and procedures that minimize risk and lead to the safety and enjoyment of all participants and; purchase the minimum site-required liability insurance for each Fiddleheart event.
~Release. Participant agrees to forever release Fiddleheart, its directors, officers, coordinators, employees, staff, volunteers, affiliates, agents, representatives, venue, sponsors, contractors, and assigns, other Participants, and any other parties present or involved with Fiddleheart [“Releasee”] from any and all actions, claims, or demands that Participant, Participant’s assignees, heirs, distributees, next of kin, spouse and legal representatives now have, or may have in the future, for injury, illness, death, or property damage, directly or indirectly related to:participation in these activities; negligence or other accidental action or inaction, whether directly connected to these activities or not, and however caused, by any Releasee, and the condition of the premises where these activities occur.
~Extent of Release. Participant agrees that Participant, Participant’s assignees, heirs, distributees, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release. You indemnify and hold harmless all Releasees from any claims you may now or in the future have in connection with your participation at this and any future or past Fiddleheart event.
Indemnification: PARTICIPANT HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS FIDDLEHEART RELEASEES FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR PARTICIPATION IN THE FIDDLEHEART EVENT, OR WHICH IN ANY WAY ARISE FROM FIDDLEHEART EVENTS, OR THIS AGREEMENT, WHICH INCLUDE BUT ARE NOT LIMITED TO DAMAGES TO OR DESTRUCTION OF ANY OF YOUR PROPERTY, PROPERTY OF ANY OTHERS, YOUR INJURY OR DEATH OR OF ANYONE ELSE OR ANY LIABILITY ARISING FROM YOUR ACTIONS, OR NEGLIGENT ACTIONS, OR ANYONE ELSE’S ACTIONS.
Disputes: To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), Participant and Fiddleheart agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Fiddleheart will send its notice to your to the email address you have provided to us. Participant must send your notice to Fiddleheart at headmistress@fiddleheartmagic.com, ATTN: Legal Department.
~ Governing Law: Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of New Jersey, without regard to choice of law principles.
~Venue: The parties hereto irrevocably agree to submit all disputes which may arise to the venue of the federal and state courts of the County of Hunterdon, State of New Jersey.
Invalidity: If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Changes to these Terms: Fiddleheart reserve the right, at any time, to modify, alter, or update these Terms without prior notice. Participant is encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Services, without further notice to Participant. Continued use of any of our Services after such modifications are posted constitutes Participant’s acknowledgement and acceptance of such modifications, and Participant may not amend these Terms.
By purchasing any product and/or participating in any event from Fiddleheart, LLC you are automatically agreeing to all of these terms and conditions.