Monsters on the Mountain Music Festival (the “Event”)
August 19 – 21, 2022
Gatlinburg Convention Center, Gatlinburg, TN
Rules, Terms & Conditions for Attendees:
PLEASE NOTE – THESE RULES, TERMS AND CONDITIONS FORM AN IMPORTANT PART OF YOUR TICKET AGREEMENT WITH MOM, LLC (“MOM”) IN CONNECTION WITH THE MONSTERS ON THE MOUNTAIN MUSIC FESTIVAL. PLEASE READ CAREFULLY, AS THESE TERMS AND CONDITIONS ALSO INCLUDE A RELEASE OF LIABILITY.
YOU SHOULD NOT PURCHASE TICKETS OR ATTEND THE EVENT UNLESS YOU AGREE TO THESE RULES, TERMS & CONDITIONS. BY MAKING YOUR TICKET PURCHASE, AND/OR BY ATTENDING THE EVENT, YOU AND ALL PERSONS WHO USE THE TICKETS AGREE TO ABIDE BY AND BE LEGALLY BOUND BY THESE RULES, TERMS & CONDITIONS.
MOM AND THE GATLINBURG CONVENTION CENTER (“CONVENTION CENTER”) WILL FOLLOW THE RECOMMENDATIONS OF THE CDC AND MEDICAL EXPERTS CONSULTED, AS WELL AS APPLICABLE FEDERAL, STATE AND LOCAL AUTHORITIES, WITH RESPECT TO COVID-19 PROTOCOLS. BY PURCHASING A TICKET, EACH TICKET HOLDER AGREES TO ABIDE BY THE COVID-19 PROTOCOLS ANNOUNCED BY MOM OR THE CONVENTION CENTER AT ANY TIME FOR THE FESTIVAL. SINCE THE SEVERITY OF COVID-19 CAN CHANGE QUICKLY, EACH TICKET HOLDER IS ADVISED THAT THE COVID-19 PROTOCOLS FOR THE EVENT COULD CHANGE ON SHORT NOTICE.
Nevertheless, it is highly recommended that all attendees at the Event be fully vaccinated against COVID-19 and carry proof of vaccination with them to the Event. If vaccines become mandated because of the regulations of federal, state or local authorities, you agree to comply with the vaccine mandate as a condition of attending the Event.
1. No Refunds. There are no refunds or credits given, unless the Event is canceled by MOM. If the Event is postponed but not canceled, you will not receive a refund, but your ticket will be valid for the rescheduled Event. If you are removed from the Event because of a violation of these Rules, Terms & Conditions, you will not receive a refund or exchange.
2. Tickets are required at all times for entry and re-entry to the Event.
3. Scalping and re-sale of tickets are not permitted on the grounds of the Gatlinburg Convention Center, the parking lots for the Event, or nearby areas.
4. The list of musical acts that will perform at the Event at the time of your ticket purchase reflects the lineup scheduled to perform as of that time but is not a guarantee and is subject to change at any time. If a musical artist who has committed to appear at the Event does not appear at the Event or is unable to perform at the Event for any reason, no refunds or exchanges will be given.
5. In the event of labor strikes or disputes, lockouts, actual or predicted extreme weather (including, but not limited to hurricanes and tornados), government restriction, illness of key personnel, public health issues (i.e., viruses, diseases, contagions, pandemics, air quality or other health or environmental issues that might affect the health of attendees or performers), earthquake, flood, war, riots, civil unrest, or for any other reason whatsoever primarily beyond the control of MOM or the Convention Center that in the discretion of MOM and/or Convention Center would threaten their ability to produce the Event and/or threaten the safety of attendees and/or performers, MOM and/or Convention Center may cancel, postpone, or shorten the Event.
i. If the entire Event is completely canceled, attendees will receive a refund of their ticket fees paid to MOM, excluding any service charges paid to third parties.
ii. If a day of the Event is completely canceled, attendees holding tickets for that day will receive a refund equal to the price of that day’s ticket.
iii. If the Event is postponed, no refunds will be issued, but attendees will be able to use their tickets at the re-scheduled Event.
6. The Event is an all-ages show, but you are encouraged to leave young children at home. Should you choose to bring a child, a full priced ticket is required for the child. MOM and the Convention Center are not responsible for any adult content children are exposed to while attending the festival.
7. If you are picking your ticket up from Will-Call, you must bring the credit card you used for your purchase as well as a picture ID.
8. Everyone attending the Event is subject to search, in order to promote the safety of the Event. All vehicles parked in Event parking are similarly subject to search.
9. MOM and the Convention Center do not and will not permit behavior by any Attendee which negatively impacts the comfort, enjoyment, health, safety or well-being of other Attendees, the performers, staff or the Convention C enter’s crew. In addition, violent, abusive or disrespectful behavior caused by the use of alcohol and/or an illegal substance shall not be tolerated. Attendees agree to comply with this policy, and further acknowledge that MOM and Convention Center reserve the right to refuse or remove any Attendee who, in MOM or Convention Center’s sole judgment, is conducting himself or herself in a manner that adversely affects the Event experience of other Attendees. This also includes but is not limited to spousal abuse or violence directed at a family member. In all cases, MOM and Convention Center shall not be liable for any damages, refund or other compensation, including travel costs or any other claim as a result of such behavior.
10. Attendees acknowledge and understand that producing musical performances and appearances in a live setting involves building a stage, installing lighting and sound equipment, and setting up other related equipment, including wire and electrical equipment. MOM and Convention Center will use good faith efforts to do this in a safe manner. Nevertheless, Attendees must stay away from and not touch any such materials or equipment, as improper use or interference with such materials or equipment can result in injuries to any Attendee’s person, including, but not limited to, falls. In addition, an Attendee is solely responsible for avoiding any contact whatsoever with any production materials or equipment that may be present in the general vicinity of the staging areas around the venue, regardless of whether such contact is intentional, inadvertent or accidental. MOM and the Convention Center shall have no responsibility or liability for any injuries suffered by an Attendee as a result of the Attendee’s intentional, inadvertent or accidental contact with such materials or equipment.
11. MOM and Convention Center are not responsible for any of your possessions that are lost, stolen or damaged while you are attending the Event. You are advised not to bring anything of value to the Event.
12. MOM and Convention Center are not responsible for damage or theft to your vehicle or items left in your vehicle while you are attending the Event. You are advised to lock your vehicle, and to not leave items of value in your vehicle during the Event.
13. If your vehicle is illegally parked or left overnight in an Event parking lot, it may be towed at the owner’s expense.
14. Crowd surfing (i.e., picking up people and passing them over the crowd), crowding the stage, and moshing are strictly prohibited for the safety of all attendees.
15. Attendees may not bring outside food, beverages (including alcoholic beverages), or glass containers, into the Event. If you bring food, beverages, alcohol, or glass containers, it will be confiscated from you before you will be permitted to enter the Event.
16. Handbags and other bags are subject to search prior to entry into the Event. Other than handbags, any bags that attendees wish to bring into the Event must be clear and transparent, no more than 12 inches each in height, width and length, with the contents visible.
17. The sale and use of alcoholic beverages at the Convention Center will be in strict compliance with Tennessee and local laws, and Attendees shall comply with all such laws. MOM and Convention Center reserve the right to ask persons seeking to purchase or drink alcoholic beverages to furnish identification showing proof of age. MOM and Convention Center reserve the right to refuse the sale of alcoholic beverages to anyone. Attendees may be removed from the Event for inebriated behavior.
18. Firearms (whether subject to a permit or not), weapons (including pocketknives), and fireworks are not permitted at the Event. Attendees will not be permitted to enter the Event with firearms, weapons and/or fireworks in their possession.
19. Photography with a fixed camera lens is permitted at the Event, but use of professional cameras (video or still) or cameras with detachable lenses is not permitted. Out of respect for the performers, please refrain from flash photography during ALL concerts. In addition, any and all videotaping or audio recording at the Event is prohibited.
20. The Convention Center is a no-smoking, tobacco-free facility, and smoking of any kind (tobacco, marijuana, e-cigs, vaping, etc.) is prohibited inside the Convention Center. Attendees acknowledge and accept the Convention Center’s no-smoking policy. Smoking of tobacco products may be allowed in specifically designated areas outside of the Convention Center.
21. You agree to follow the instructions of ushers and Event personnel. Failure to do so may result in your being removed from the Event.
22. Attendees are not permitted to sell any goods, merchandise or services at the Event unless authorized in advance in writing by MOM.
23. MOM has a zero-tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in the violator being removed from the Event. The responsible individuals may be turned over to the local law enforcement officials for appropriate legal action, in MOM’s or the Convention Center’s discretion.
24. MOM has a “Zero Tolerance” policy regarding intentional and accidental damage to the Convention Center by attendees, whether caused as a result of negligence, alcohol intoxication or the influence of an illegal substance, or otherwise. Attendees causing any such damage agree to pay for identified damages prior to leaving the Event. By attending the Event, Attendee agrees to comply with this policy, and further acknowledge that any violation of this policy may result in your removal from the venue. Attendee acknowledges that it is MOM and the Convention Center's policy to report incidents of illegal activity or behavior to the appropriate law enforcement authorities for appropriate legal action. In such cases, MOM and the Convention Center shall not be liable or responsible to any attendees for any damages, refunds, or other compensation, including travel costs or any other claim as a result of such behavior.
25. Animals are not permitted at the Event, except for properly trained service animals. Attendees are responsible for contacting Monsters on the Mountain before arrival to arrange and provide proper documentation for this. In addition, each attendee is responsible for all cleanup associated with their service animal.
26. Drones are not permitted at the Event and will be confiscated if used.
27. During the Event, it is forbidden for attendees to:
i. try to access areas or sections during performances that are restricted to certain ticketholders unless your ticket permits such access;
ii. climb onto the stages, ladders, tables, fences, lighting equipment (including towers and columns), sound equipment, or other equipment related to performances;
iii. obstruct entrances and exits to the performance areas or fail to move out of an area if directed by security;
iv. wear offensive clothing, hold up signs, harass other attendees, make gestures, or otherwise do anything that in the reasonable discretion of MOM or security personnel are xenophobic, offensive, pornographic, illegal, discriminatory, gender-biased, or racially or ethnically motivated;
v. be under the influence of illegal drugs or substances and/or act in a way to reasonably cause security personnel to believe that you are in an impaired state (such as being inebriated);
vi. vi. interfere with a performance, disturb the enjoyment of the Event by other attendees, or compromise the safety of any person;
vii. throw or shoot any object in a manner that may be harmful to others or that may interfere with the enjoyment of the Event by another person;
viii. refuse to follow the directions of security personnel;
ix. litter in any fashion;
x. engage in fights; and/or
xi. steal or damage the possessions of any person or entity.
28. You are not permitted to attend the Event if you are suffering from a communicable disease at the time of the Event. You agree to submit to COVID screening at the Event if requested by MOM or Convention Center in their reasonable discretion. If you test positive for COVID or other communicable disease, you will not be permitted to attend the Event and you will not receive a refund or credit.
29. If you are injured at the Event, you must immediately notify the Monsters on the Mountain Information and Help Desk, no later than the end of the day on which the injury occurred.
30. For general information, special assistance and questions, please contact MOM at firstname.lastname@example.org. All requests for special assistance or accommodation should be sent at least two weeks before the start of the Event so that MOM can work to accommodate your request.
31. Violation of Rules. In the event of a violation of these Rules, Terms & Conditions by an attendee during the Event, the attendee acknowledges that security personnel will act quickly to protect the artists, crew, audience members, and Event personnel, and to prevent you from disrupting the performance or creating safety issues for others. Such action may include the attendee being removed from the Event (including being barred from attending future days of the Event and/or other events produced by MOM or its affiliates), with no refund given.
i. Each attendee hereby irrevocably releases MOM and the Convention Center from any injuries, claims or losses suffered by the attendee as a result of the attendee’s violation of these Rules, Terms & Conditions or as a result of the subsequent actions of security or other personnel in enforcing these Rules, Terms & Conditions.
ii. Each attendee acknowledges that at a music festival such as the Event, large numbers of attendees may crowd together, move, and/or dance to the music. Each attendee hereby releases MOM and Convention Center from liability and responsibility of any kind for claims, damages, losses, injuries, and costs suffered by such attendee (collectively “Claims”) as a result of attendance at the Event, including but not limited to Claims that arise out of the conduct of other persons present at the Event, unless such Claims arise substantially because of the intentional misconduct of MOM or Convention Center.
33. Dispute Resolution:
i. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE EVENT, YOUR TICKET, YOUR ATTENDANCE AT THE EVENT, AND/OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY MOM WILL BE RESOLVED BY BINDING, CONFIDENTIAL, INDIVIDUAL ARBITRATION, IN ACCORDANCE WITH THE LAWS OF THE STATE OF WYOMING, RATHER THAN IN COURT. IN NO EVENT MAY PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES BE AWARDED.
ii. BY ELECTING TO PURCHASE A TICKET, THE ATTENDEE HEREBY VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
iii. Arbitration will be conducted by the American Arbitration Association (AAA) pursuant to its rules for commercial arbitration, before a single arbitrator selected by the parties in accordance with the AAA rules. Arbitration shall take place exclusively in the State of Wyoming, though the arbitrator may elect to permit a party to appear and participate virtually. Payment of all filing, administration and arbitrator fees will be governed by AAA’s rules.
iv. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: MOM, LLC, 1309 Coffeen Ave Ste 1145, Sheridan, WY 82801, Attn: President.
34. These Rules, Terms & Conditions may be updated by MOM at any time.