terms & conditions

Chapter 1 — General

Article 1 — Definitions

• Organization — Organization is We Are The Whistle association, with the xxxxxx number xxxxxxx, the user of these terms and conditions in the agreement with the other party (the Attendee) in the context of access to the Camp, and responsible for the organization of the Camp.
• Attendee — is a person selected by Organization that is attending the Camp. That person can also be considered a whistler.
• Whistler — is a person that is contributing to We Are The Whistle association actions by attending an event (such as Camp), coaching or mentoring, being an ambassador, or being member of the association.
• Camp / Bootcamp — is one of the events organized by We Are The Whistle.
• Agreement — The agreement between Organization and Attendee, regarding use of the Website, the access to and the house rules during the Camp.
• Ticket / pack — Digital proof of access to the Camp.
• Website — The website of Organization, Camp or otherwise linked to Camp.
• Digital Services — We may refer to the website, social media, newsletter, and these related web-enabled technologies, electronic and/or digital products or services collectively as our “Digital Services.”

Article 2 — General provisions

2.1 — These general terms and conditions apply to any legal relationship between Attendee and the Organization.
2.2 — These general terms and conditions are part of the Agreement.
2.3 — The Agreement applies only to Attendee and expressly not to professional parties. Attendee is legally viewed as consumer, not acting from or on behalf of a job or a company, and is described in the law as “other party”.

Article 3 — Disclosure and application of these terms & conditions

3.1 — These general terms and conditions have been filed with the xxxxxxxx under number xxxxxxxxx and can be requested by any interested party.

Article 4 — Changes to the general terms & conditions

These terms and conditions are subject to change. A modified version will be published on the Website and be submitted to the xxxxxxxxxxxx. The amended terms shall apply from the date of publication. If Attendee does not wish to accept the amended terms, they must cease purchase of services or products by Organisation.

Chapter 2 — Privacy policy and website

Article 5 — Privacy provisions

5.1 — Organization respects the privacy of every Attendee to the website and the Camp and ensures that the Attendee’s personal data is confidential and treated with care.
5.2 — Every Ticket needs to be personalized to ensure entrance at the event. If the name on the ticket does not match the name on the Attendee identification documents, the Organization may deny entry of the Attendee. Organization grants Attendee an option to change the name on the ticket against a fee of 10% of the ticket prize. Attendee can at any moment ask Organization to delete the personal data.

Article 6 — Use of attendee data

On the Website, the Attendee gets to indicate whether Organization may use their data to send information about upcoming events, publications, offers, campaigns and other websites of Organization. After obtaining this consent, Organization may share Attendee data with other companies that are part of the same group.
Attendee can also indicate whether they wish to receive information on activities of third parties, such as sponsors of Event or other affiliated companies. If such consent is given, Organization may share Attendee data with these third parties. Attendee may withdraw this consent at any time by sending an email to Organization with the text “withdraw permission for sharing my information with third parties in relation to Event”.

Article 7 — Confidentiality of attendee towards third parties

Organization is under no circumstances liable for, or can under any circumstances be held liable by Attendee for the loss of personal data of Attendee on the part of Attendee or for any damage that (possibly) results from such a loss on the part of Attendee.

Article 8 — Security

8.1 — Organization takes security measures to protect the personal data of Attendee. As such, Organization complies with the relevant laws and regulations. Organization takes the necessary measures to ensure that only relevant parties that have obtained permission by Attendee or which are necessary for the performance of a contract can view and/or use the data.
8.2 Organization is under no circumstances liable for property damage or damage due to identity fraud suffered by Attendee if a third party gains unauthorized access to the personal information of Attendee, when the unauthorized access took place despite the presence of measures/protection set by Organization that can under the law and by reasonableness and fairness be expected of them, unless there is intent or gross negligence. The online transmission of personal data by Attendee is at own risk.

Chapter 3 — Attending Camp & house rules

Article 9 — General

9.1 — At attendance to Camp, Attendee is obliged to conform to conditions and rules of conduct set by Organization.
9.2 — Attendee accepts the contents of these terms and conditions by means of acquiring and/or use of a Ticket, entering the location of Camp and/or by cognizance of this via the Website. This also applies when a Ticket is obtained via a third party in any way, shape or form.
9.3 — Organization displays house rules at or near the Camp, also tailored to relevant specific circumstances of Camp. Attendee is held to abide by these house rules under all circumstances. The consequences of a violation of any provision of this chapter of these terms and conditions apply accordingly to the consequences of a violation of a provision of the house rules mentioned in this article.

Article 10 — Access

10.1 — Organization can limit the number of tickets Attendee can buy.
10.2 — The electronic version of the Ticket is provided only once per e-mail and provides access to only one person.
10.3 — From the moment that the Ticket is supplied to Attendee, Attendee carries the risk and must account for loss, theft, damage or misuse of the Ticket.
10.4 — Attendee who does not have a valid Ticket is denied access to the Camp or to be removed from the location of the Camp.
10.5 — Access to Camp is only possible for persons over 21 years of age. Organization is not required to refund a Ticket, if Organization denies or refuses Attendee access due to violation of the age minimum. Persons who wish to attend Camp may be asked, and are then required, to show a valid photo ID as a result of checks on said age minimum. Organization may directly or indirectly copy the ID, including making a photocopy, for the purpose of maintaining public order and security, or at the request of competent (government) agencies.
10.7 — Attendee is only allowed in places the Ticket expressly entitles them to. Instructions on this subject by Organization staff, police and/or other competent authorities must at all times be followed immediately by Attendee.

Article 11 — Refusal of access

11.1 — In general, Organization reserves the right to deny access or further access to certain persons at (site of) Camp or to clear them from (site of) Camp as deemed appropriate by them for maintaining the public order and security during Camp (including but not limited to, for example, excessive drinking of alcohol or drug consumption). The same applies if Attendee carries clothing, texts or characters who, in the opinion of Organization, can be considered offensive, discriminatory or may cause aggression or unrest of other Attendees, or undressing themselves during Camp (including but not limited to, for example, exposing the upper part of the body). Attendee or the holder is not able to claim any compensation for damage or loss that this may cause them.
11.2 — It is forbidden to behave in a way that others may experience as provocative, threatening or offensive on the location of Camp. Furthermore, it is forbidden to create any danger to the health or safety of oneself or others or to inflict harm upon others.

Article 12 — Transferability and resale

12.1 — It is prohibited without the prior written consent of Organization to directly or indirectly resell Tickets for Camp or to use them for commercial purposes, including for promotion and/or advertising of items, as a prize in competitions or as part of packages (such as packages offered by bus companies, (bus) tour operators, travel agencies and ticketing bureaus), unless it concerns an individual transaction in the private sphere.
12.2 — Organization can enable a recognized (online) sales platform (e.g. an extra official sales channel) for Tickets to a Camp. Attendee is not allowed to buy or to sell a Ticket to Camp anywhere other than an official sales channel, unless there is an individual transaction in the private sphere.
12.3 — Organization can neither be held responsible nor can damage be claimed as a result of the sale or purchase of a Ticket to the Camp (including the validity of a Ticket to the Camp) by some other party than the sales channel designated by Organization.
12.4 — Attendee that transfers their Ticket for compensation to a third party, without commercial purpose, that is to say an individual transaction in the private sphere, remains (partly) responsible to Organization for compliance with the conditions set out in this article.
12.5 — If Attendee does not meet their obligations in this article and/or cannot ensure this, Attendee owes a direct fine of EUR 900.00 (nine hundred euros) to Organization per violation per Ticket and EUR 50.00 (fifty euros) for each day and per Ticket that the violation continues or has continued, without prejudice to the additional right of Organization to demand compliance of Attendee and/or compensation of damage suffered or damage to be suffered.
12.6 — The manner of sale of Tickets is, subject to the provisions of this chapter, also laid down in a specific regulation.
12.7 — Organization is entitled to void or cancel the Tickets without Attendee being entitled to a reimbursement of the amount they paid to Organization for the Ticket (including service charge), directly or through an official sales channel.

Article 13 — Prohibited items

13.1 — With risk of confiscation, Attendee may not bring drugs, cans, fireworks, sticks, chains, nitrous oxide, animals, weapons and/or other dangerous objects (including but not limited to spray cans or tear gas), or other items which, in the view of police, Organization staff and/or other authorities having jurisdiction, is seen as containing discriminatory or provocative texts, pictures or shapes either to themselves or to another person, or have these in possession at the location of Camp, or make use of these objects before or during the Camp. Confiscated items will not be returned.
13.2 — Consumption, use, trade, or possession of any narcotic drugs is strictly prohibited. Upon infringement of this the police may immediately be involved.
13.3 — Confiscated items may be destroyed.
13.4 — The on-location selling or offering, or having present for that purpose, merchandise, including (alcoholic) drinks, food, souvenirs, t-shirts (including the associated packaging, (plastic) glasses and the like), is allowed only if and to the extent that consent has been obtained from Organization and under the condition that the Government required permits are available
13.5 — Organization reserves the right to ward off adverts from the location, including advertising associated with or resulting from direct or indirect advertising actions/advertising acts of a sponsor not directly affiliated to Camp and/or Organization.
13.6 — The spreading or handing out of leaflets, flyers and/or goods at the Camp and in its immediate vicinity is prohibited unless written permission has been granted by the Organization.
13.7 — Attendees should deposit waste, including of consumed drinks and food, in the appropriate containers.
13.8 — It is forbidden to climb light installations, fences, roofs, catwalks, canals, and other equipment or buildings during the duration of Camp.

Article 14 — Non-smoking event

14.1 — Attendee may not smoke during a Camp in a covered place (such as, but not limited to indoor space, terrace, tents, umbrella tent, etc.), unless this place is specifically designated as a “smoking area”. Organization shall take reasonable steps to inform the Attendees of the non-smoking nature of the event, but cannot guarantee that Camp will be fully non-smoking. Attendee is under no circumstances entitled to a refund of the entry fee or any other fee if Camp is not completely non-smoking.
14.2 — Any fine imposed on Organization as a result of violation of the smoking ban are recovered from the relevant Attendee.

Article 15 — Film and video footage

15.1 — Recording (parts of) Camp in a professional and/or commercial manner, including photographing, filming, audio and/or picture recordings, as well as reprinting and/or copying the program booklet, posters and other printed materials is permitted by Organization under the conditions that it is entirely shared with the Organization staff prior to any publication on any platform.
15.2 — Attendee who is present at Camp:
a) recognizes that Camp is a public event;
b) agrees with the recording and/or use of their name, voice, portrait and/or image, broadcast live or otherwise or recorded audio and video display, a broadcast or other form of distribution including photos or other current or future media technologies;
c) gives unconditional permission for use as referred to in sub b) for an indefinite amount of time and around the world;
d) does not hold responsible either Organization nor parties who with permission of Organization use image and/or sound material for commercial purposes, for the use of this image and/or sound material;
e) waives their image rights, as far as footage in and around the location of Camp is concerned in which they are recognizably visible in the image;
f) recognizes that a video surveillance system is operational, and agrees that by or on behalf of the Organization security video footage of them may be made in the framework of public order and security. Under circumstances, Organization may be required by competent enforcement or investigative agencies that have an appropriate jurisdiction or a court decision to offer live view of the footage or to release footage to the relevant services.
15.3 — Organization is authorized to (have) image and/or sound recordings made of Camp and the Attendees and to reproduce these images and/or publish or arrange for the publication of these images in any form and in any manner. Attendee gives unconditional permission for the production of the aforementioned recordings, processing, publication and use of such, in the broadest sense. Attendee hereby irrevocably waives any interest they might have in the above recordings. To the extent that Attendee has any copyright, neighboring rights and/or image rights to the above recordings, they assign these rights without reserve to Organization and they hereby irrevocably waive their image rights and/or will not appeal them. Everything mentioned here as far as this is permitted by the law.

Article 16 — Own risk

16.1 — Attendee enters (site of) Camp at own risk.
16.2 — Attendee is explicitly aware that music and long days of work will be going during Camp. Organization stresses the importance that Attendee gives their body the occasional break during Camp by going to an area where there is more calmness.
16.3 — Organization is not liable for any damage caused by accessing (site of) Camp and/or attending Camp, including physical disorders (including, but not limited to, airplane, boat, car, bus accident) unless it concerns gross negligence and/or intent by Organization.
16.4 — If Organization is nevertheless held liable, then any liability will be limited to EUR 10,000.00 (ten thousand euros) as a result of damage caused by personal injury or costs arising from the above entrance or presence, such as, but not limited to, hearing, visual and other physical disorders of Attendee, as a result of any damages whatsoever, including those resulting from the actions of other Attendees, Organization, its staff and/or third parties that have been enabled as participants.
16.5 — Attendee engages to deliver to Organization a truthful listing of any precedent medical conditions, as well as a listing of any allergies, before finalizing purchase of Ticket.

Article 17 — Personal belongings

17.1 — Organization counts on the benevolence of each single Attendee to take care of not damaging Attendees belongings. It is forbidden to use any other Attendee belonging without prior consent. Communal storage spaces will be available for Attendees to store their belongings, from which some have keys to lock and some don't.
17.2 — Organization is under no circumstances liable for the loss and/or theft and/or use by a third party. In addition, Organization is under no circumstances liable for damages due to theft from communal space. Use of the storage space is at own risk of Attendee.

Article 18 — Parking and shuttle buses

18.1 — Organization will provide free parking facilities and shuttle buses, the implementation of which can be outsourced to a third party.
18.2 — Attendee is required to respect the timing of the shuttle buses given by Organization on a day to day basis.

Article 19 — Force majeure

19.1 — Force majeure is defined as force majeure in the broadest sense, which in this context includes virus, disease and/or revocation of the mentors/coaches, as well as (work) strikes, lockouts, work stoppages, war, danger of war, terrorism or threat thereof, civil war, riots, natural disasters, exceeding the delivery time by suppliers of goods or services, transport problems whether or not as a result of a shortage of means of transport or government measures, fire and other serious disturbances at the company of Organization, bad weather conditions, situations that are the result of loss of permits or waivers, the circumstance that the supplier(s) and/or (sub)contractor(s) of Organization do not fulfil their obligations or do not do so in timely fashion, loss, damage or theft of the Organization’s essential amenities and/or property, import or trade restrictions, etc.
19.2 — Bad weather conditions are defined as the (impending) presence of heavy winds, thunderstorms, whirlwinds, extreme precipitation (rain, hail or snow) or other weather conditions that affect public order or the safety of people and/or property.

Article 20 — (Partially) move or cancel event

20.1 — Organization may, in the event of force majeure within the meaning of these general terms and conditions, (partially) move or (partially) cancel Camp.
20.2 — If Camp is (partially) moved or cancelled, Organization will publish this circumstance as much as possible in the way it considers appropriate. In the case of complete cancellation, Organization is only held to refund the price of admission at the request of Attendee, but not the booking or administration fees.
20.3 — The refund will only be made within a reasonable time after the date of the cancelled Camp, when Attendee provides a valid Ticket, as determined and announced by Organization (or the party who processes the payment of the Ticket for the Camp) through the channels announced by Organization.

Article 21 — Program

21.1 — Organization will strive to carry out the announced program in accordance with the announced timetable as far as possible. However, Organization is not liable for defects in this timetable and the resulting damage to Attendees and/or third parties.
21.2 — Organization has the freedom to change the mentors, coaches and experts involved in the Camp without any reclamation possible from the Attendee. Organization is doing its best to remain as close as possible to the line-up announced.

Article 22 — Other rules

22.1 — Attendee is obliged to adhere to the rules, internal regulations, any amendments to them and the instructions of Organization, operators of the location of Camp, the transport company of the shuttle bus, the staff, firefighters, police and other authorized parties.
22.2 — Specific rules may apply on site or location of a Camp which will be announced or made public. If possible the rules will also be published on the website prior to Camp.
22.3 — It is prohibited to carry property or belongings of the Organization out from the event site; this includes remnants of food and beverages. In case of damage to our property or the property of the Organization, you are liable for the repair, replacement and/or renovation costs.

Article 23 — Sanctions

23.1 — Attendee who in any way breaches the provisions of this chapter, other house rules or rules of conduct and instructions of Organization, operators of the location of Camp, staff, firefighters, police and other authorized parties may be refused access or removed from (any part of) the location of Camp by the latter parties without prior notice or be handed over to the police.
23.2 — When Attendee is in breach of the provisions of this chapter and other house rules and/or rules of conduct, Attendee loses any claim to a refund of the price paid by Attendee for the Ticket and any claim to compensation. In addition, Attendee cannot under any circumstances hold Organization liable for any damage as a result of a circumstance alleging a violation of the provisions in this chapter and other house rules and/or rules of conduct (partly) caused by Attendee.
23.3 — Attendee agrees to indemnify and hold Organization harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Digital Services, or other use of our Digital Services in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.

Chapter 4 — Final provisions

Article 24 — Rules

To the extent that Attendee does not fully and/or timely meet the rules of conduct, Organization may, depending on the specific circumstances, suspend its obligations, break the contract without being liable for any compensation, or demand specific actions.

Article 25 — Information on the website

Although Organization devotes a lot of care and attention to providing information on their Website, no guarantees can be given with regard to the nature and content of the information.

Article 26 — Liability for information

26.1 — Organization is under no circumstances responsible towards Attendee or third parties for errors, (limited) information or details on a Website, except in the case of gross negligence or willful misconduct towards Attendee. Organization, its affiliates or third parties who are involved in the implementation of a service or agreement will under no circumstances be liable for any damages, costs, loss of profit, loss, consequential loss, loss of privacy or loss of information for direct or indirect use or operation of the Website.
26.2 In view of factors online which Organization has no control over or could not reasonably exert control over, Organization expressly cannot guarantee Attendee that the Website, parts thereof or associated features will function flawlessly or always function according to the description or are available for use. The same applies to the operation of the server that is used by Organization. In view of factors the following may be considered. The (quality of) internet connection, the presence of hyperlinks to (unknown) websites of third parties, possible attacks by hackers or others, viruses, bugs or other errors or defects.

Article 27 — Substitute clause

If and to the extent that any provision of these terms and conditions is in conflict with the law, this will not affect the other provisions of these terms and conditions. The provision in question will cease to exist and be substituted by a legal provision that is as close as possible to the content, scope and nature of the original provision.

Article 28 — Governing law and jurisdiction

28.1 — French law is applicable to the agreement and terms and conditions.
28.2 — The Court of Point-à-Pitre shall have jurisdiction to hear disputes relating to the agreement and terms and conditions.

Article 29 — Copyright and trademark information

All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Organization with all rights reserved. In some cases, such content may be licensed to Organization by third parties. This content is protected by the intellectual property rights of Organization or those owners. All content which qualifies for protection under French Copyright Law is subject to the exclusive jurisdiction of the French Court System, whether registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Organization.

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