The Micheaux Film Festival

Terms and Conditions

The Micheaux Film Festival (“MFF” or “Festival”)  

Terms & Conditions of Admission  

By purchasing, receiving or using any “Festival Pass” (as that term is defined below), “Individual  Event Ticket,” (as that term is defined below) or any “Working Credentials” (as that term is defined  below), the person purchasing, receiving or using any such “Festival Pass” or any such “Individual Event  Ticket” (both of which persons are sometimes referred to herein as “holders”) or any such “Working  Credentials” (such person referred to herein as a “Credential Holder”) agrees to all of the following Terms  and Conditions:  

  1. Definition of Festival Pass. 

Festival Pass. As used herein, the term “Festival Pass” means any paid ticket or  complimentary pass, whether in either electronic or tangible form, that allows the Passholder admission  to, viewing of and/or (if permitted) participation in any specifically-described group of Festival events,  classes, screenings and/or activities (herein, “Festival events and activities”); provided that such Festival  Pass has been: (1) issued by Micheaux International Film Festival Corp (“MFF”); and (2) legally acquired from MFF or its authorized agents or representatives. Any document or image, whether in tangible or electronic form, purporting to be a Festival Pass that was not issued by and legally acquired from MFF or its authorized  agents or representatives will be considered fraudulent and invalid, and will be subject to seizure and confiscation by MFF or its authorized agents. Each Festival Pass allows the Passholder admission to, viewing of and/or (if permitted) participation in only those Festival events or activities for which that  Festival Pass has been issued, and only subject to all of the Terms and Conditions set forth herein, and  does not permit the Passholder admission to, viewing of and/or (if permitted) participation in any other Festival events or activities. Except to such extent, if any, as may be expressly provided in these Terms and Conditions, all Festival Passes are non-transferable and cannot be shared with any other person, and  all amounts paid by any Passholder for any Festival Pass are non-refundable.  

  1. Pass & Credential Pickup and Use. 
  2. Pickup. To maintain the security of Festival Passes, tickets and credential confirmations will be distributed online, however physical passes must be picked up onside at the MFF Registration Center beginning  Thursday, July 154, 2022, at the Regal Cinemas LA Live located at 1000 W. Olympic Blvd Los Angeles, CA 90015. 

Each Passholder, Ticket Holder or Credential Holder will be required to provide their original  confirmation letter along with a government-issued photo ID (passport or driver’s license). If the  Passholder, Ticket Holder or Credential Holder has designated another individual to pick up their Festival  Pass,that designated person must present the original confirmation letter of the Passholder, Ticket Holder or Credential Holder, along with a copy of the  government-issued ID of the registered Passholder, Ticket Holder or Credential Holder. Festival Passes,  Individual Event Tickets and Working Credentials may not be transferred, and name changes will not be  permitted, except as expressly provided in Section IV (A), below. 

  1. Use and Admission Policies. For security reasons, and to be entitled to entry into the Festival events and /or activities, each Passholder, Ticket Holder or Credential Holder must wear, possess and present their Festival Pass, Individual Event Ticket or Working Credentials (as the case may be) which  entitles that Passholder or Credential Holder to attend, view or (if permitted) participate in that event or  activity as follows: (1) subject to any exceptions required by the Covid Protocols set forth in Section VII  (B), below, Festival Passes, Individual Event Tickets or Working Credentials (as the case may be) must  be worn on the MFF-issued lanyard around the neck of the Passholder, Ticket Holder or the Credential  Holder while attending, viewing or (if permitted) participating in any Festival event or activity; (2) no  other laminates may be worn on the MFF lanyard for the pass to be valid; and (3) if Festival Passes,  Individual Event Tickets or Working Credentials are not worn or presented correctly by any Passholder,  Ticket Holder or Credential Holder, MFF reserves the right to deny that Passholder, Ticket Holder or  Credential Holder entry into Festival events or activity in or to which he or she would otherwise be  entitled to attend, view or participate Festival Passes, Individual Event Tickets and/or Working  Credentials admit only one person to any Festival event or activity. Use of any Festival Passes and/or  Individual Event Tickets and/or Working Credential by anyone other than the authorized Passholder,  Ticket Holder or Credential Holder, if done with the knowledge of the Passholder, Ticket Holder or  Credential Holder, may result, in the sole discretion of MFF, in the revocation of the misused Festival  Pass, Individual Event Ticket or Working Credential without a refund or any other liability or  responsibility on the part of MFF.

 

III. Pass Revocation, Refund and Deferral Policies. 

  1. Revocation Upon Violation. All Festival Passes and Individual Event Tickets are the sole property of MFF. If any Passholder or Ticket Holder violates any of these Terms and Conditions, MFF has the right, in its sole discretion and at any time determined by MFF, to cancel, revoke and confiscate that Passholder’s Festival Pass or Individual Event Ticket (as the case may be), and /or to refuse to sell  any additional Festival Passes or Individual Event Tickets to that offending Passholder or Ticket Holder. MFF will not be responsible for any penalty, fee, loss, or expense incurred by Passholder or Ticket  Holder that might result from such action, regardless of whether such penalty, fee, loss or expense was  foreseeable or MFF was advised of the same. 
  2. Refunds. Except as otherwise expressly provided in this Section III (B), below, MFF does  not issue refunds for Festival Passes, Individual Event Tickets or for any merchandise purchased from 

MFF under any circumstances. Any and all payments for Festival Passes, Individual Event Tickets or for  any merchandise purchased from MFF are not refundable for any reason, including, without limitation,  loss or theft of any such Pass, Ticket or merchandise, and/or the failure or inability of the Passholder or  Ticket Holder to use any such Pass(es) or Tickets, even if such failure to use any such Pass(es) or Tickets  is due to any extraordinary circumstances such as illness, acts of God, public health crisis, government  restrictions, travel-related problems, acts of terrorism, loss of employment and/or duplicate purchases.  MFF will not issue refunds, deferrals or credits for Festival Passes or Individual Event Tickets that have  been revoked pursuant to these Terms and Conditions. MFF will also not issue refunds or credits due to  failure to redeem a discount coupon during the registration process or at the time of any purchase of any  MFF merchandise. Notwithstanding the above refund policies, if any holder of an Individual Event Ticket is not admitted to that particular individual Festival event or activity due to the venue’s capacity  being reached, a designated MFF representative must stamp the relevant Individual Event Ticket with an  authorized MFF print indicating that the Ticket Holder was not admitted to the event or activity for that  reason. The Ticket Holder must then present his or her request for a refund for that Individual Event  Ticket in writing via email with a copy of the stamped Individual Event Ticket for that specific event or  activity attached to micheauxstaff@gmail.com within 48 hours of the event or activity. Refunds for  Individual Event Tickets stamped as above-described, will be processed within ninety (90) days after the  last day of the Festival.  

  1. Deferral. If all of the in-person events or activities of the Festival are canceled or postponed in their entirety for any reason, use by the holder of the Festival Pass(es) or Individual Event Tickets issued by MFF for the in-person events or activities at this Festival may be deferred for use at the rescheduled  Festival (in the event of postponement of all such events and activities), or at MFF’s next annual festival  (in the event of the cancellation of all such events and activities) by the same holder to attend the same  Festival event(s) or activity(ies) for which the Festival Pass(es) or Individual Event Ticket was or were  purchased for use at this Festival. If any individual Festival event(s) or activity(ies) is or are canceled for  any reason, MFF agrees to issue to the holder a credit for the purchase price of any Individual Event  Tickets for the canceled event or activity. Such credit can be applied by the holder to the purchase of any  other Festival Pass or Individual Event Ticket for the current Festival or any future MFF festival. All holders affected by the cancellation or postponement of the Festival, or of any individual Festival event(s)  or activity(ies), agrees with MFF that aside from the above-described options and remedies, the holder  will have no other remedy against MFF, at law, in equity or otherwise, including, without limitation, for  a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages  of any kind, regardless of whether such loss or damage was foreseeable by MFF, or MFF was advised  of the same at the time of the purchase of any of the above-described Festival Pass(es) and/or Individual  Event Tickets. 
  1. Transfer & Upgrade Policy: 
  2. Transfers. Requests to transfer any Festival Passes from one person to another must be made  via email to micheauxstaff@gmail.com no later than fourteen (14) days before the first day of the Festival.  Transfer requests must be accompanied by a scan of the holder’s original confirmation letter and the  name, email address and telephone number of the new designated holder. The processing fee to change  holders is $15.00. 
  3. Upgrades. Requests to upgrade a Festival Pass must be made via email to  

micheauxstaff@gmail.com no later than fourteen (14) days before the first day of the Festival. The cost to  upgrade will be the difference in the price of the upgraded Festival Pass requested by the holder as  advertised on the MFF website at the time of the upgrade request, not the price of the relevant upgraded Pass at the time of the Passholder’s original purchase of the Festival Pass(es) that he or she wishes to  upgrade. Transfers and upgrades cannot be requested onsite and must be made in advance by the  deadline. There are no exceptions. 

  1. Age Restrictions. 

Please note that Festival events and activities at which alcohol is served are restricted to those aged 21  and over. Any Pass or Ticket Holder who does not meet the age requirements for any of these Festival  events or activities will be denied access to them and will not be issued a refund or a credit for any part or  all of the purchase price of the Festival Pass or the Individual Event Ticket for that age-restricted event or  activity. 

  1. Entry Limitations. 
  2. In General. Festival Passes and Individual Event Tickets allow the holder entry to specific  Festival events and/or activities on a first come, first serve basis. Admission may in some cases be subject  to certain limitations in compliance with state and local laws, including, without limitation, venue  capacity, Covid guidelines, and age restrictions. Age restrictions and capacity are specific to each venue  and are set by relevant local, state and federal authorities. Venues may each have their own restrictions  limiting entry with certain guidelines. Virtual events have no capacity restrictions. Any holder of an  Individual Event Ticket who is not admitted to that particular Festival event or activity due to the venue’s  capacity being reached, may be eligible for a refund if all of the conditions and requirements set forth in  Section III (B) of these Terms and Conditions have been met and fully satisfied. 
  3. Entry to Film Screenings and Events. Early arrival at all of these events is strongly  encouraged. Entry lines for these events form 45 minutes prior to the start time of each such event. Doors  open 15 minutes prior to that start time. Once the doors open, only Festival Pass Passholders whose Pass  

allows them entry will be granted entry for the first 10 minutes. Individual Event Ticket Holders will then  be granted entry only after the first 10 minutes. After the first 10 minutes of the doors opening, no  Passholders or Ticket Holders of any kind are guaranteed entry into any of these events. Any holder of an  Individual Event Ticket for any one of these events, who is not admitted to that particular event due to the  venue’s capacity being reached, may be eligible for a refund if all of the conditions and requirements set  forth in Section III (B) of these Terms and Conditions have been met and fully satisfied.  

VII. Special Covid Protocol Requirements.  

  1. A. Agreement of All Passholders, Ticket Holders and Credential Holders with MFF  Regarding Covid Measures. All Passholders, Ticket Holders and Credential Holders (collectively  “Festival Attendees”) agree with, and confirm and represent to, MFF as follows:  
  2. No Festival Attendee shall be permitted, nor attempt, to attend any in-person or live Festival  events or activities if at any time fourteen (14) days before the first day of the Festival that Festival  Attendee has: (a) tested positive for COVID-19 or any variant thereof; (b) experienced symptoms of  fever, fatigue, difficulty in breathing, or dry cough or exhibited any other symptoms relating to COVID 19 or any variant thereof; or (c) been in “close contact” (as that term is defined by the CDC) with  someone who has COVID-19 or any variant thereof.  
  3. That MFF and/or its agents shall have the right to remove any Festival Attendee(s) from, or  deny them entry to, any Festival event or activity if that Festival Attendee shall intentionally fail or refuse  to adhere to any of the applicable Covid health and safety protocols, measures, or procedures listed in 

Section VII (B), below (“Covid Protocols”) while entering or attending any of the Festival events or  activities. 

  1. That if MFF deems it necessary to remove any Festival Attendee from, or to deny them entry  to, any such Festival event or activity because of that person’s intentional failure or refusal to abide by  the Covid Protocols, while entering or attending any Festival event or activity (a “Removed Attendee”)  then: (a) if any such Removed Attendee is a Passholder, he or she shall not be entitled to a refund of any  part or all of the price paid by said Removed Attendee for his or her Festival Pass or Individual Event  Ticket (as the case may be) or to make any claim against MFF for any other damages of any kind or  nature whatsoever; or (ii) if any such Removed Attendee is a Credential Holder then he or she shall not be  entitled to make any claim against MFF for any damages of any kind or nature whatsoever.  
  2. B. Covid Protocols Defined. The Covid Protocols referenced in Section VII (A), above, are defined as follows: 
  3. All Covid-related health and safety protocols, measures, procedures and guidelines suggested  or directed by the CDC that are in effect as of the dates of the Festival.  
  4. All applicable Covid health and safety protocols, measures and procedures required by any  Federal, state or local government or government agency that apply to any of the Festival events or  activities or to the venues or locations in which they are held. 
  5. MFF may in its sole discretion issue Festival Passes, Individual Event Tickets and/or  Working Credentials in digital form only in which case the requirements of Sections II (B) (1), (2) and (3)  shall be modified to accommodate the use of such digital Passes, Tickets and Credentials.  
  6. All requirements, procedures, protocols, measures or rules relating to health and safety set by  any venue in which a Festival event or activity is held, including without limitation, any capacity limits,  mask and social distancing rules imposed by any such venue. 
  7. Subject to state and county mandates, while indoors all Festival Attendees are required to wear a face covering, except when actively  eating or drinking, which is only permitted in their seat. 
  8. If requested to do so by MFF or its agents, to submit to contactless temperature checks. 
  9. If requested to do so by MFF or its agents, to provide information reasonably necessary for  contact tracing purposes. 

VII. Special Covid Liability Release Waiver  

  1. Acknowledgment of Important Facts by Passholders, Ticket Holders and Credential  Holders. Each Passholder, Ticket Holders and Credential Holder, as an essential condition of becoming a  Passholder, Ticket Holder or a Credential Holder for the Festival events and activities, hereby acknowledges and agrees with the following facts: 
  2. The World Health Organization has declared the spread of the Coronavirus (COVID-19) and  its variants (collectively the “Covid Virus”) to be a worldwide pandemic.  
  3. The Covid Virus is able to transmit from person-to-person through respiratory and other  contact, even at some distance. 
  4. He or she is fully aware that by attending, participating in or viewing some or all of the  Festival events or activities, he or she runs the risk of contracting the Covid Virus which may result in  serious injury, illness, paralysis or even death.  
  5. Waiver and Release of Liability by Passholders and Credential Holders to MFF. Each  Passholder, Ticket Holder and Credential Holder, as an essential condition of becoming a Passholder,  Ticket Holder or a Credential Holder for the Festival events and activities, acting with full knowledge of  the above facts, freely and knowingly hereby agrees with MFF as follows: 
  6. 1. Release of MFF. Each Passholder, Ticket Holder or a Credential Holder fully and completely  releases, acquits and forever discharges MFF, its affiliates and related entities, and each of their  respective current and former employees, officers, directors, shareholders, partners, members, managers,  agents, and their respective successors and assigns (collectively, the “Released Parties”), collectively,  separately, and severally, of and from any and all claims, demands, damages, causes of action, and suits  of every kind and nature whatsoever, foreseen, unforeseen, known or unknown, that arise out of or relate  to any loss, damage, injury, or death, that may be sustained by such Passholder, Ticket Holder or  Credential Holder, directly or indirectly, as the result of such Passholder, Ticket Holder or Credential  Holder having contracted COVID-19, or any variant thereof, while participating in, viewing or traveling  to or from, any Festival event or activity. 
  7. Indemnification of MFF. Each Passholder, Ticket Holder or a Credential Holder, on behalf  of themselves and their respective heirs, legal representatives successors and assigns, hereby agrees to  indemnify, defend, and hold the Released Parties harmless from and against any and all costs, expenses,  damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any  and all claims made by, or on behalf of, such Passholder, Ticket Holder or Credential Holder (as the case  may be) against any of the Released Parties by that Passholder, Ticket Holder or Credential Holder or  their respective successors, heirs, legal representatives or assigns, due to any injury or loss, including  without limitation death, suffered by that Passholder, Ticket Holder or Credential Holder, from or related  to COVID-19 or any variant thereof. 
  8. Representations by Passholders, Ticket Holders and Credential Holders to MFF. Each  Passholder, Ticket Holder and Credential Holder, as an essential condition of becoming a Passholder,  Ticket Holder or a Credential Holder for the Festival events and activities, with full knowledge of the  above facts, hereby makes the following representations to MFF with the clear understanding that MFF  is relying on these representations in issuing to each of them their respective Passes, Tickets or  Credentials (as the case may be):  
  9. Each said Passholder, Ticket Holder and Credential Holder represents to MFF that he or she  has read the foregoing provisions of this Section VII of these Terms and Conditions (Liability Release  Waiver) and understands all of them. 
  10. Each said Passholder, Ticket Holder and Credential Holder represents to MFF that he or she is  over 18 years of age and under no disability or impairment that might affect his or her ability to give his  or her consent to and to accept as binding the terms and provisions of this Section VII of these Terms and  Conditions. 
  11. Each said Passholder, Ticket Holder and Credential Holder represents to MFF that he or she is  agreeing to the terms and provisions of this Section VII of these Terms and Conditions with full  knowledge of all of the relevant facts recited above and of his or her own free will, with the full intention  to be bound by the same. 

VIII. Creation of a Contract with MFF, Governing Law and Courts. Each Passholder, Ticket Holder and Credential Holder agrees that (1) by the act of purchasing, receiving or using any Festival Pass,  Individual Event Ticket, or any Working Credentials, alone and without more, he or she is agreeing that  these Terms and Conditions create a contract between him or her and MFF; (2) these Terms and  Conditions are form the terms and conditions of this contract with MFF; (3) that this contract is  governed by the laws of the State of California; and (3) that the courts of appropriate jurisdiction in Los  Angeles, California have exclusive jurisdiction of any legal action by any party for any dispute arising out  of or relating to this contract.

 

Paul, can you please add this to the ticketing terms and conditions? 
 
 

RELEASE AND WAIVER
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE MICHEAUX FILM FESTIVAL AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.

ASSUMPTION OF THE RISK. I acknowledge and understand the following:

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;

2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and

3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.