MODE FESTIVAL TERMS & CONDITIONS

Event Dates: September 18-20, 2026 Event Location: Minneapolis, Minnesota

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement

Tickets to the Festival are sold and processed through our ticketing platform, Fever (Fever Labs Inc.). As part of checkout, you (“Attendee,” “you,” or “your) must affirmatively accept these Terms & Conditions (“Terms”) by checking the box presented before your payment is completed. By checking the box and completing your purchase, you agree to these Terms and to Flickr’s Terms & Conditions of Use and Privacy Policy, and, if you are bringing a minor under 18 to the Festival grounds, you accept these Terms on the minor’s behalf. Your creation and use of a Fever account, and Fever’s processing of the data you provide at checkout, are separately governed by Fever’s own terms of service and privacy policy, as described in Section 11.15. These Terms constitute a legally binding agreement between you and Awes.me, Inc. ("MODE Festival," “Flickr,” "we," "us," or "our").

1.2 Acknowledgment

You acknowledge that you have read, understood, and agree to be bound by these Terms before completing your ticket purchase. If you do not agree to these Terms, do not purchase a ticket.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your ticket purchase at least thirty (30) days before the changes take effect. If you object to the modified Terms, you may request a refund by contacting us within fourteen (14) days of receiving notice of the changes. Your continued possession of a ticket after such notice constitutes acceptance of the modified Terms.

2. ELIGIBILITY AND AGE REQUIREMENTS

2.1 Minimum Age

The MODE Festival grounds include both open, public areas and gated, ticketed areas. The open, public areas are free and open to attendees of all ages. The gated, ticketed areas, and all ticketed programming, including all paid passes and any panels, talks, workshops, classes, and performances,  are restricted to attendees 18 years of age and older. Attendees under 18 are not permitted into any ticketed programming. You must be at least 18 years of age and have legal capacity to purchase or hold a ticket or pass and to enter into this agreement, and by doing so you represent and warrant that you are at least 18. A parent or legal guardian who brings a minor under 18 onto the free festival grounds accepts these Terms, including the waivers, releases, media consent, and privacy provisions, on the minor's behalf.

2.2 Age Verification at MODE Festival

We reserve the right to require proof of age at any time, including at festival entry and at any alcohol service point. Acceptable forms of identification include government-issued photo ID (driver's license, passport, or state ID). Attendees who cannot produce valid ID may be denied age-restricted access, including alcohol service.

2.3 Minor Attendance Policy

Attendees under 18 may access only the free, open festival grounds and are not permitted into ticketed programming or any 21+ or alcohol-designated areas. Attendees under 15 years of age must be accompanied at all times by a parent or legal guardian who is at least 18. The accompanying parent or guardian is responsible for the supervision, conduct, and safety of any accompanying minor.

2.4 Free Festival Grounds; Conditions of Entry

Access to the free, open festival grounds does not require a ticket purchase and is available to attendees of all ages. Because these attendees may enter without purchasing a ticket or creating an account, the following Conditions of Entry apply to every person on the free festival grounds by virtue of entering, whether or not they have purchased a ticket or accepted these Terms at checkout. These Conditions of Entry are posted conspicuously at grounds entrances and consist of: (a) the conduct standards in Section 9.6 and all lawful directions of Festival staff and security; (b) the prohibited-items list in Section 9.4 and the bag policy in Section 9.5; (c) the assumption of risk in Section 9.8; (d) the photography and recording notice in Section 10; and (e) our right to refuse entry to, or remove, any person under Section 9.7. Entry onto the free festival grounds constitutes acceptance of these Conditions of Entry. Ticketed programming remains restricted to attendees 18 and older and requires acceptance of these Terms in full.

2.5 Minors on the Free Festival Grounds

Attendees under 18 may enter the free festival grounds without a ticket and may not be accompanied by a parent or guardian. A parent or guardian who permits a minor to attend the free festival grounds is responsible for the minor's conduct and safety and accepts these Conditions of Entry on the minor's behalf. We do not require any attendee to create an account or provide personal information in order to access the free festival grounds. We may refuse entry to or remove any minor, like any other attendee, under Section 9.7.

3. TICKET PURCHASE AND PAYMENT

3.1 Account Requirement

Ticket purchases require a Flickr account in good standing. If you do not have an account, you will be required to create one during the checkout process. Accounts that are suspended or terminated may not be used to purchase tickets. Your Flickr account is subject to Flickr's Terms of Use.

3.2 Payment Processing

All payments are processed through Fever, our ticketing platform, and its payment processing partners. You warrant that you have the legal right to use any payment method provided. We accept major credit cards, debit cards, and other payment methods as displayed at checkout.

3.3 Pricing and Taxes

Ticket prices are as displayed at the time of purchase. All applicable taxes will be added to the purchase price and reflected on your receipt. Prices are subject to change without notice, but changes will not affect tickets already purchased. The displayed price includes all service and processing fees, as described in Section 3.4.

3.4 Fees

The ticket price displayed at checkout is inclusive of all applicable service, fulfillment, and processing fees. These fees are not itemized separately at checkout. Wristbands are picked up on-site; no shipping is provided.

3.5 Purchase Confirmation

Upon successful payment, you will receive an email confirmation through Fever containing your order details and receipt. This confirmation does not constitute your ticket; your RFID wristband serves as your admission credential. Following your purchase, MODE Festival and Flickr may send you additional event-related and promotional communications, subject to the preferences and opt-out rights described in Section 11.4.

3.6 Purchase Limits

We reserve the right to limit the number of tickets purchased per person, household, or credit card. Orders exceeding posted limits may be cancelled without notice.

3.7 Fraudulent Purchases

We reserve the right to cancel any ticket purchase that we reasonably believe was made fraudulently, in violation of these Terms, or through unauthorized means. Cancelled tickets will not be honored for entry.

4. TICKET DELIVERY AND WRISTBANDS

4.1 RFID Wristband Delivery

All tickets include RFID wristbands that serve as your festival admission and session access credentials. Wristbands will be available for pickup on-site at the MODE Festival Will Call with valid photo identification matching the name on your order. Your wristband is your ticket - no separate paper ticket will be issued.   

4.2 Lost, Stolen, or Damaged Wristbands

If your wristband is lost, stolen, or damaged at or after on-site pickup, contact us immediately at support@modefestival.com or visit the MODE Festival Will Call. Replacement wristbands may be issued subject to verification of your original purchase. A replacement fee of $25 applies to each replacement.

4.3 Wristband Activation

Your wristband will be activated at the time of on-site pickup at the MODE Festival Will Call. No advance or online activation is required.

4.4 Wristband Care

Do not remove, tamper with, or damage your wristband. Wristbands that have been removed, altered, or damaged may not be honored for entry. We are not responsible for wristbands that malfunction due to tampering or misuse.

4.5 On-Site Pickup

All wristbands are distributed at the MODE Festival Will Call with valid photo identification matching the name on your order.

5. NO REFUNDS POLICY

5.1 All Sales Final

ALL TICKET SALES ARE FINAL. NO REFUNDS, RETURNS, OR EXCHANGES WILL BE PROVIDED FOR ANY REASON. This includes, but is not limited to:

• Inability to attend due to personal circumstances;
• Travel disruptions or cancellations;
• Illness, medical emergencies, or pandemics;
• Change of mind or dissatisfaction;
• Weather conditions;
• Schedule or programming changes;
• Partial attendance.

5.2 No Exceptions

We do not offer refunds, credits, or rain checks for any reason, including circumstances beyond your control. We strongly recommend purchasing travel insurance that covers event tickets.

5.3 All-Inclusive Pricing

Ticket prices are inclusive of all fees. Except as expressly provided in Section 8 (Festival Cancellation by MODE), all amounts paid are non-refundable. 

5.4 Transfer as Alternative

If you cannot attend, your sole remedy is to transfer your ticket to another person in accordance with Section 6 below.

6. TICKET TRANSFERS

6.1 Transfer Permitted

Tickets may be transferred to another person through customer support at https://feverup.com/en/support.  Flickr Pro memberships that are bundled with Flickr Pro Interactive Pass types are non-transferable.  Transfers conducted outside this system are not recognized and may result in denial of entry.

6.2 Transfer Process

To initiate a transfer, contact https://feverup.com/en/support. 

6.3 No Transfer Fee

No fee applies to ticket transfers.

6.4 Transfer Deadline

Transfers may be completed up until the time your wristband is picked up on-site. Once a wristband has been picked up on-site, no further transfers will be permitted. .

6.5 Transfer Limitations

• A maximum of one transfer per ticket is permitted
• Partial transfers (transferring some but not all tickets in an order) are permitted
• The original purchaser remains responsible for any outstanding payment obligations
• Transferred tickets are subject to these same Terms & Conditions

6.6 Recipient Requirements

Transfer recipients must:

• Be at least 18 years of age;
• Have a valid email address;
• Create or have an existing Flickr account and a Fever account, as the transfer is processed through Fever;
• Accept these Terms & Conditions;
• Pick up the wristband on-site with valid photo identification, as described in Section 4. 

6.7 Wristband Fulfillment for Transfers

The transfer recipient will pick up their wristband on-site at the MODE Festival Will Call with valid photo identification. Any wristband already picked up by the original purchaser must be delivered by the original purchaser to the recipient. 

7. NAME CHANGES

7.1 Name Change Requests

Name changes on tickets (without transferring to a different person) are permitted up to fourteen (14) days before the festival.

7.2 Name Change Process

To request a name change, contact support@modefestival.com with:

• Your order confirmation number;
• Current name on the ticket;
• New name for the ticket;
• Reason for the name change.

7.3 Identification Requirements

Photo identification matching the name on the ticket is required for festival entry.

8. FESTIVAL CANCELLATION BY MODE

8.1 Cancellation Refund

If MODE Festival is cancelled in its entirety due to circumstances beyond our control, we will, at our sole discretion, either:

• Provide refunds of the ticket purchase price, OR
• Offer credit toward a future MODE Festival event.

8.2 Partial Cancellation

If one or more days of the Festival are cancelled but the Festival proceeds on other scheduled days, no refunds will be provided. We may, at our discretion, offer partial credits toward future events.

8.3 Force Majeure

We are not liable for cancellation, postponement, or modification of the Festival due to acts of God, natural disasters, government actions, public health emergencies, pandemics, civil and/or political unrest, terrorism, war, labor disputes, venue unavailability, or other circumstances beyond our reasonable control ("Force Majeure Events").

8.4 Postponement

If the Festival is postponed to a later date, tickets will be honored for the rescheduled date. No refunds will be provided for postponement. If you cannot attend the rescheduled date, you may transfer your ticket in accordance with Section 6.

8.5 Notification

In the event of cancellation or postponement, we will notify ticket holders via email to the address associated with their purchase as soon as reasonably practicable.

8.6 Limitation on Damages

In no event shall our liability for cancellation or postponement exceed the total amount you paid for your ticket. 

9. FESTIVAL ATTENDANCE AND CONDUCT

9.1 Entry Requirements

Festival entry requires:

• A valid, activated RFID wristband;
• Photo identification matching the name on the ticket;
• Compliance with all venue security procedures.

Entry may be denied for failure to comply with these requirements.

9.2 Wristband Verification

Your wristband will be scanned at entry points and may be checked throughout the Festival. You must wear your wristband at all times while on Festival grounds.

9.3 Re-Entry

Re-entry is permitted with a valid wristband. Your wristband will be scanned upon each entry.

9.4 Prohibited Items

The following items are prohibited at the Festival (this list is not exhaustive and specific venues may have additional restrictions):

• Weapons of any kind (firearms, knives, pepper spray, etc.);
• Illegal substances or drug paraphernalia;
• Outside food and beverages (unless medically necessary with documentation);
• Professional recording equipment (without prior written authorization);
• Drones or unmanned aerial vehicles are not permitted without a permit issued by MODE Festival;
• Laser pointers;
• Fireworks or explosives;
• Glass containers;
• Pets (except service animals);
• Tents, canopies, or large umbrellas;
• Chairs or furniture;
• Items deemed dangerous by venue security. 

Note: Photography equipment including cameras, tripods, and selfie sticks are permitted unless they obstruct other attendees or violate venue-specific rules.

9.5 Bag Policy

All bags are subject to search upon entry. We recommend small bags or clear bags for expedited entry.

9.6 Conduct Standards

Attendees must comply with all venue rules, applicable laws, and the direction of Festival staff and security. The following conduct is prohibited:

• Disruptive, threatening, or abusive behavior;
• Harassment of any kind;
• Interfering with or distracting service animals accompanying other attendees;
• Unauthorized commercial activity;
• Trespassing in restricted areas;
• Interference with Festival operations;
• Intoxication to the point of incapacity;
• Any illegal activity.

Attendees must also comply with Flickr's Community Guidelines, which apply to all in-person interactions at the Festival.

9.7 Removal and Ejection

Disruptive, illegal, or unsafe behavior may result in immediate removal from the Festival without refund, credit, or compensation. We reserve the right to revoke admission and eject any attendee at our sole discretion. We reserve the right to deny entry or remove any attendee whose Flickr account has been suspended or terminated for violations of Flickr's Terms of Service, including but not limited to violations involving illegal content, harassment, or conduct that poses a safety risk to other attendees.

9.8 Assumption of Risk

By attending the Festival, you voluntarily assume all risks associated with attendance, including but not limited to risks of personal injury, property damage, illness, or death.

10. PHOTOGRAPHY AND RECORDING CONSENT

10.1 Festival Documentation

By attending MODE Festival, you consent to being photographed, filmed, and recorded during the event for promotional, educational, archival, and marketing purposes.

10.2 Use of Images

Images and recordings may be used by MODE Festival, Flickr, Awes.me, Inc., and authorized partners in:

• Marketing materials;
• Social media content;
• Website content;
• Promotional videos;
• Future festival promotion;
• Press and media coverage;
• Archival purposes.

Such use may be made without additional compensation, notification, or approval.

10.3 Release of Rights

You hereby release MODE Festival and its affiliates from any claims arising from the use of your image or likeness as described above, including claims for invasion of privacy, right of publicity, defamation, or copyright infringement.

10.4 Opt-Out Process

If you do not wish to be photographed or recorded, please contact us at privacy@modefestival.com before the festival to discuss accommodation options. We will make reasonable efforts to accommodate such requests, but cannot guarantee that you will not appear in any Festival documentation.

10.5 Attendee Recording

Personal, non-commercial photography and video recording by attendees is permitted, including with professional-grade equipment. Commercial recording for broadcast, distribution, or sale requires prior written authorization.

10.6 Minors’ Images

Where an attendee is under 18, the parent or legal guardian who accepted these Terms consents on the minor’s behalf, to the photography, filming, recording, and use of the minor’s image and likeness as described in Section 10.1-10.3. A parent or guardian who does not wish their minor to be recorded or featured must notify us at privacy@modefestival.com before the festival and we will make reasonable efforts to accommodate the request as described in Section 10.4.

10.7 Notice on the Free Grounds

Photography and recording occur throughout the festival grounds. Notice of recording is posted conspicuously at Festival ground entrances, and entry onto the free festival grounds constitutes consent to being photographed, filmed, and recorded as described in this Section 10.

11. PRIVACY AND DATA COLLECTION

11.1 Personal Information

Your personal information is collected and used in accordance with Flickr's Privacy Policy and this MODE Festival Privacy and Data Collection Notice (Section 11). By purchasing a ticket, you consent to the collection, processing, and use of your personal information as described therein and in these Terms.

11.2 RFID Data Collection

RFID wristbands may collect data about your festival attendance and session participation for operational and analytical purposes. This data may include:

• Entry and exit times
• Session attendance
• Location within Festival grounds
• Movement patterns and timestamps between festival areas
• Interactions with sponsor activations and exhibitor booths
• Purchases made at Festival vendors (if applicable)

This data is collected through RFID readers placed throughout festival venues and is linked to your ticket/wristband ID. The data may be used for (but not limited to):

• Operational management and crowd control;
• Session capacity management and waitlist administration;
• Analytics to improve future festivals;
• Security and safety purposes;
• Sponsor engagement reporting (in aggregated, anonymized form unless you opt in).

This data will be processed in accordance with applicable privacy laws and retained as long as necessary after the festival for analytical, operational, and compliance purposes.

For attendees under the applicable age of consent, RFID data is collected and used only after parental or guardian consent is obtained, is limited to operational and safety purposes, and is not used for sponsor engagement or advertising. See Section 11.14. 

11.3 RFID Opt-Out

If you do not wish to have your attendance tracked via RFID, please contact us before the Festival. We will make reasonable efforts to accommodate such requests. Alternative access methods may be available, but may limit your ability to participate in certain sessions or activities.

11.4 Marketing Communications

By purchasing a ticket through our ticketing platform, Fever, you consent to receive communications about MODE Festival and related Flickr services, which may include separate mailing lists for MODE Festival updates and Flickr platform communications.. Fever, as an independent data controller, may also communicate with you regarding your Fever account and platform in accordance with Fever’s own terms and privacy policy. You may opt out of MODE-related promotional communications at any time by clicking the unsubscribe link in any email or contacting privacy@modefestival.com.

We do not send marketing communications to attendees below the applicable age of consent without verifiable parental or guardian consent. Consent given by a parent or guardian on a minor's behalf may be withdrawn at any time using the unsubscribe link or by contacting privacy@modefestival.com. 

11.5 Sponsor Data Sharing

We may share your information with Festival sponsors only if you have explicitly opted in to receive communications from sponsors. Your information will not be sold to third parties.

You will always have the opportunity to opt in or opt out of sponsor communications through:

• Checkboxes during ticket purchase;
• Preference settings in your Flickr account;
• Unsubscribe links in sponsor emails.

Your information will not be sold to third parties. Aggregated, anonymized data may be shared with sponsors for reporting purposes without identifying individual attendees.

We do not share the personal information of any attendee we know to be under 18 with sponsors for the sponsor's own use, and we do not sell or share such information or use it for targeted advertising, without opt-in consent, from the minor for ages 15 to 17, and from a parent or guardian for those under 15.

11.6 Data Retention

We will retain your personal information for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, and resolve disputes.

11.7 Event Services Providers

For MODE Festival, we share your personal information with the following parties:

• Ticketing Platform (Fever): Order processing, ticket sales, ticket management, transfers, wristband production, and RFID access control. Fever acts as an independent data controller with respect to data collected through the ticket purchase as described in Section 11.15 below
• Payment Processor Handled through Fever and its payment processing partners
• Communications Platform (Iterable): Email address and engagement data for event communications and marketing;
• Venue Partners: Attendance data for capacity management and safety compliance.
• Integration and Workflow Automation (Zapier): Automated data transfer between our website forms, support systems, and marketing platforms.
• Customer Feedback and Analytics (Airtable): Storage and analysis of customer feedback, feature requests, and product improvement suggestions collected from support tickets, forms, and customer interactions.
• Analytics and Crash Reporting (Google FIrebase): Device type and identifiers, app version, usage and interaction data, crash and performance logs, and IP address, collected through the MODE App for analytics, performance monitoring, crash reporting, and approximate location derived from IP address. 

Except as otherwise described, these providers are contractually obligated to use your information only for the purposes of providing services to MODE Festival and in accordance with applicable privacy laws, and act as data processors on our behalf. Fever acts as an independent data controller, not a data processor, with respect to personal data you provide when purchasing a ticket, and processes such data in accordance with its own terms of service and privacy policy. Additional service providers specific to the MODE App are identified in Section 22.16.  

11.8 Age Verification

We collect and store age information at the time of purchase and, where an attendee is a minor accessing the festival grounds, records of parental or guardian consent where applicable.  This verification includes:

• Your age or date-of-birth confirmation, and where applicable, the parent’s or guardian’s confirmation of consent;
• Timestamp of verification;
• IP address at the time of purchase;
• Order ID linking verification to your ticket purchase.

This information is retained with your order record for legal compliance purposes and may be used to verify eligibility, including ineligibility for ticketed programming and age-restricted areas, in the event of disputes.

11.9 Accessibility and Health Information

If you request accommodations or alternative access methods, we may collect sensitive personal information including:

• Information about disabilities or accessibility needs;
• Medical conditions that prevent wearing RFID wristbands;
• Dietary restrictions or food allergies (if applicable);
• Service animal documentation.

This information is considered sensitive personal information under applicable privacy laws and is:

• Used solely to provide requested accommodations;
• Shared only with venue staff and service providers on a need-to-know basis;
• Retained only as long as necessary to fulfill accommodation requests;
• Subject to enhanced security protections.

11.10 [Intentionally Deleted]

11.11 International Data Transfers

If you are purchasing tickets from outside of the United States, your personal information will be transferred to and processed in the United States where MODE Festival takes place. Flickr complies with the EU-US Data Privacy Framework (EU-US DPF), and the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework (Swiss-US DPF) as described in Flickr’s Privacy Policy.

For international attendees, your data may be transferred to:

• Related parties (Fever, Iterable);
• Festival venues and partners in Minneapolis, Minnesota;
• Emergency services if necessary.

By purchasing a ticket, you consent to these international data transfers.

11.12 Your Privacy Rights

Depending on your location, you have certain rights regarding your personal information, including:

• Access and Portability: You may request a copy of the personal information we hold about you;
• Correction: You may request correction of inaccurate personal information;
• Deletion: You may request deletion of your personal information, subject to legal retention requirements and legitimate business needs;
• Objection: You may object to certain processing of your personal information;
• Restriction: You may request restriction of processing in certain circumstances;
• Withdraw Consent: Where we process data based on consent, you may withdraw consent at any time.

To exercise these rights, contact us at privacy@modefestival.com. Or through the Flickr Help Center. We will respond to your request within 30 days.

California Residents: You have additional rights under the California Consumer Privacy Act (CCPA) as described in Flickr’s Privacy Policy. 

EU/UK/Swiss Residents: You have rights under the GDPR and Data Privacy Framework as described in Flickr’s Privacy Policy.

11.13 Data Security and Breach Notification

We and our service providers implement physical, technical, and administrative security measures to protect your personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.

However, no security measure is perfect, and we cannot guarantee absolute security. In the event of a data breach affecting your personal information, we will:

• Notify you via email within 72 hours of discovering the breach (as required by applicable law);
• Describe the nature of the breach and the information affected;
• Provide information about steps we are taking to address the breach;
• Offer guidance on steps you can take to protect yourself.

You can report security concerns to security@modefestival.com. 

11.14 Children’s Privacy

MODE Festival is an all-ages event on its free, open festival grounds, and we may collect personal information from minors who attend those grounds. We handle that information in accordance with applicable children's privacy laws, including the Children's Online Privacy Protection Act (COPPA), the General Data Protection Regulation (including Article 8) for attendees in the EU/EEA, and applicable U.S. state privacy laws, including the California Consumer Privacy Act and the Minnesota Consumer Data Privacy Act.

Children under 15. We obtain verifiable parental consent before collecting, using, or disclosing personal information from a child under 15, and we obtain separate parental consent before disclosing a child's personal information to third parties for any purpose that is not integral to our services, such as targeted advertising. We limit collection to what is reasonably necessary, retain children's personal information only as long as reasonably necessary in accordance with our written data retention policy, and do not condition a child's participation on the collection of more personal information than is reasonably necessary. A parent or guardian may review, delete, or refuse the further collection or use of their child's personal information by contacting privacy@modefestival.com.

Minors 15 and older. We do not sell or share the personal information of, and do not engage in targeted advertising directed to, any attendee we know to be under 18 without affirmative opt-in consent, from the minor for ages 15 to 17, and from a parent or guardian for those under 15.

EU/EEA attendees. Where our online services are offered to a child below the applicable digital age of consent in their country (16, or as low as 13 where a Member State has set a lower age), we rely on consent given or authorized by the holder of parental responsibility and make reasonable efforts to verify that consent, taking into account available technology.

If you believe we have collected personal information from a minor without the required consent, please contact us at privacy@modefestival.com and we will address the request promptly.

Section 11.15: Ticketing Platform and Independent Data Controller

Your tickets are sold and processed through Fever (Fever Labs Inc.), our ticketing platform. When you purchase a ticket, you also create an account with Fever and accept Fever's terms of service. Fever acts as an independent data controller with respect to the personal data you provide when purchasing a ticket, including your name and email address. This means Fever processes and uses that data for its own purposes in accordance with Fever's own terms of service and privacy policy, which are separate from these Terms and Flickr's Privacy Policy.

Fever shares certain purchaser data with us (Awes.me, Inc.) so that we can operate the Festival, including festival logistics, wristband fulfillment, Flickr account linking, the MODE app experience, and marketing communications you have not opted out of. We act as an independent data controller with respect to the data we receive from Fever and process it in accordance with these Terms and Flickr's Privacy Policy.

You may review Fever's privacy policy at https://feverup.com/legal/privacy_en.html. You may opt out of Fever's marketing communications at any time through the mechanisms described in Fever's privacy policy or by using the unsubscribe link in any Fever communication.

12. INTELLECTUAL PROPERTY

12.1 Festival Content

All Festival content, including but not limited to logos, designs, text, graphics, photographs, videos, and other materials, are the property of MODE Festival and Awes.me, Inc. and are protected by intellectual property laws.

12.2 Limited License

Your ticket grants you a limited, non-exclusive license to attend the Festival that may be transferred only as expressly provided in Section 6. No other rights are granted.

12.3 Restrictions

You may not:

• Reproduce, distribute, or publicly display MODE Festival branded content, logos, or official marketing materials without authorization;
• Use Festival trademarks, logos, or branding without written permission;
• Create derivative works based on Festival content;
• Use Festival content for commercial purposes.

NOTE: Photographs and videos you create at the Festival are your own content and may be freely shared.

12.4 User Content

Any content you create or share during the Festival remains your property, but you grant MODE Festival a non-exclusive, royalty-free, worldwide license to use such content for promotional purposes.

13. LIMITATION OF LIABILITY

13.1 Disclaimer

THE FESTIVAL IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee that the Festival will meet your expectations, be uninterrupted, or be error-free.

13.2 Liability Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO YOUR TICKET PURCHASE OR FESTIVAL ATTENDANCE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR TICKET. This limitation does not apply to claims arising from our gross negligence, fraud, or willful misconduct.

13.3 Excluded Damages

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits or business opportunities;
• Travel expenses;
• Visa denials, immigration issues, or inability to enter the United States;
• Transportation disruptions or inability to travel to Minneapolis;
• Accommodation costs;
• Lost wages;
• Emotional distress;
• Any other damages arising from your attendance or inability to attend.

13.4 Third-Party Actions

We are not liable for the actions of other attendees, vendors, sponsors, performers, or third parties at the Festival.

13.5 Personal Property

We are not responsible for lost, stolen, or damaged personal property. You are solely responsible for safeguarding your belongings.

13.6 Health and Safety

You acknowledge that attendance at large events carries inherent risks, including exposure to communicable diseases. You assume all such risks by attending.

14. INDEMNIFICATION

14.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless MODE Festival, Awes.me, Inc., Awesome Events, LLC, Flickr, PHNTM Agency, Inc., and their respective officers, directors, employees, agents, affiliates, production partners, sponsors, talent, vendors, contractors, and other partners from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your attendance at the Festival and participation in any Festival activities (including but not limited to photography workshops, classes, live music performances, food and beverage services, and other programming);
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your violation of any third-party rights;
• Your negligent or wrongful conduct.

If you are a parent or legal guardian accepting these Terms on behalf of a minor, you agree to the release and waiver in Section 14.3 on the minor's behalf and to indemnify and hold harmless the Released Parties from any claim brought by or on behalf of that minor arising from the minor's attendance, to the fullest extent permitted by law.

14.2 Cooperation

You agree to cooperate fully with us in the defense of any claim. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

14.3 Release From Liability

I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, fully and forever release and discharge MODE Festival, Awes.me, Inc., Awesome Events, LLC, Flickr, PHNTM Agency, Inc. and the affiliates and subsidiaries of MODE Festival, Awes.me, Inc., Awesome Events, LLC, Flickr, PHNTM Agency, Inc., their respective officers, directors, shareholders, employees, agents, distributors, contractors, successors, assigns and insurers, all event sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with the Event (collectively, the “Released Parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims, excluding gross negligence and intentional misconduct claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in or attendance at the Event, including transportation to the Event, even if it is due to the negligence of the Released Parties, to the fullest extent permitted by law.

15. ANTI-SCALPING AND RESALE RESTRICTIONS

15.1 Prohibited Resale

Tickets may not be resold, offered for resale, or transferred except through the official MODE Festival transfer system as outlined in these Terms. Any tickets offered for resale through unauthorized channels, including but not limited to secondary ticketing websites (StubHub, Ticketmaster, Vivid Seats, SeatGeek, TicketSwap, TickPick, etc.), social media, classified advertisements, or auction sites, will be void and the holder will be denied entry.

15.2 Commercial Restrictions

Commercial resale, scalping, or bulk purchasing for resale purposes is strictly prohibited and may result in legal action.

15.3 Price Restrictions

Tickets may not be sold or transferred for more than face value.

15.4 Enforcement

MODE Festival reserves the right to:

• Cancel tickets purchased through unauthorized resellers without refund;
• Deny entry to holders of tickets obtained through unauthorized channels;
• Pursue legal action against scalpers and unauthorized resellers;
• Void tickets that have been duplicated or counterfeited.

15.5 Verification

We may implement verification measures to ensure tickets are being used by authorized holders.

16. FESTIVAL MODIFICATIONS

16.1 Right to Modify

MODE Festival reserves the right to modify the Festival schedule, programming, performers, speakers, venues, or other aspects of the event at any time without notice.

16.2 No Refunds for Modifications

Such modifications do not entitle ticket holders to refunds, credits, or compensation.

16.3 Notification

We will make reasonable efforts to communicate significant changes via email and on our website.

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17.4 Limitation on Claims

Any claim arising from these Terms or your Festival attendance must be brought within one (1) year of the date the claim arose.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with Flickr's Terms of Use and Privacy Policy, constitute the entire agreement between you and MODE Festival regarding your ticket purchase and Festival attendance.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

18.4 Assignment

These Terms may be assigned by MODE Festival to any affiliate or successor entity without notice. You may not assign your rights or obligations under these Terms except through the official transfer process.

18.5 Survival

Provisions relating to limitation of liability, indemnification, intellectual property, dispute resolution, and any other provisions that by their nature should survive, shall survive termination of these Terms.

18.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

18.7 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of a conflict, the English version shall control.

19. ACCESSIBILITY

19.1 Commitment to Accessibility

MODE Festival is committed to providing an accessible experience for all attendees.

19.2 Accommodation Requests

If you require accommodations due to a disability, please contact us at accessibility@modefestival.com  at least 30 days before the Festival.

19.3 Service Animals

Service animals are permitted in accordance with applicable law. Emotional support animals are not permitted. Please be respectful of service animals and their handlers. Always ask permission before photographing service animals.

19.4 Alternative Access Methods

If you cannot wear an RFID wristband due to a medical condition, please contact us to arrange alternative access credentials.

20. HEALTH AND SAFETY

20.1 Health Requirements

We may implement health and safety protocols in response to public health conditions. Such protocols may include, but are not limited to, vaccination requirements, testing requirements, mask mandates, or health screenings.

20.2 Compliance

Attendees must comply with all health and safety protocols in effect at the time of the Festival. Failure to comply may result in denial of entry or removal without refund.

20.3 Assumption of Risk

By attending the Festival, you acknowledge and assume all risks related to exposure to communicable diseases, including COVID-19.

21. ALCOHOL AND AGE-RESTRICTED AREAS 

21.1 Age Requirement for Alcohol

Alcohol is served only to attendees who are 21 years of age or older and who present valid government-issued photo identification. Attendees verified as 21 or older will be issued a separate age-verification wristband or credential, which is distinct from the RFID admission wristband and is required to purchase alcohol and to enter any 21+ area.

21.2 Prohibited Conduct

Possession or consumption of alcohol by anyone under 21, and any attempt to purchase or obtain alcohol for a person under 21, is prohibited and may result in removal from the Festival without refund, credit, or compensation.

21.3 Supervision of Minors

Attendees under 18 are not permitted in any 21+ or alcohol-designated area. Parents and guardians are responsible for ensuring that any accompanying minor does not access alcohol or 21+ areas.

22. CONTACT INFORMATION

For questions about these Terms or your ticket purchase, contact us at:

General Support:

• Email: support@modefestival.com
• Help Center: https://flickrhelp.com/hc/en-us/requests/new

Privacy Inquiries:

• Email: privacy@modefestival.com 

Accessibility Requests:

• Email: accessibility@modefestival.com 

Mailing Address: Awes.me, Inc.
548 Market St PMB 88969
San Francisco, California 94104-5401

BY PURCHASING A TICKET, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.