Any purchase or possession of tickets (including wristbands and credentials, collectively, the “Ticket(s)” for The Food Network South Beach Wine & Food Festival presented by Capital One (“Festival”) constitutes the irrevocable acceptance of, and the agreement to be bound by all of the terms and conditions contained herein, by ticketholder as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “Holder”, and/or “You”). IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS, MANDATES AND/OR OTHER CONDITIONS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR IF YOU DO NOT AGREE TO ASSUME, THE RISK(S) TO YOU AS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE A TICKET, DO NO UTILIZE THE SERVICES BEING OFFERED BY US, DO ENTER OR ATTEND THE EVENT(S) AND/OR DO ENTER INTO OR ASSENT TO THE TERMS OF THIS AGREEMENT.

AGE REQUIREMENTS

All attendees must be 21 years of age or older (except for those family events specifically designated by the Festival where age limit does not apply). A valid government issued photo identification of Holder (“ID”) may be required to be presented at the Event or other points of check-in in order to gain entry into the Festival.

ALL SALES FINAL; NO REFUNDS, NO EXCHANGES, NO REPLACEMENTS; RESALE RESTRICTIONS

All events, prices, personalities, performances, venues, dates and times are subject to change without notice.  ALL SALES ARE FINAL.  THIS TICKET WILL NOT BE REPLACED, REFUNDED OR EXCHANGED FOR ANY REASON WHATSOEVER.  Pursuant to s. 817.36, Florida Statutes, this ticket may not be resold for more than $1 over the original admission price, nor may any resale occur on any property where an event is being held without the prior written consent of the Festival Organizers.

ASSUMPTION OF ALL RISKS

  1. Loss or Damage to Personal Property; Personal Injury. Holder hereby assumes any and all risks, whether or not expressly set forth in this Agreement, as well as any risks or dangers incidental to, or in any way relating to, the Festival, the purchase of Tickets hereunder or use of the Festival site, including those arising from, or relating to, the acts or omissions of third parties (including Festival attendees, Venue owners, operators, staff, employees or agents; or Festival Organizers, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Holder’s personal property and risks of personal injury. Festival Organizers and their respective indemnitees (as defined below), designees, successors or assigns shall not be held responsible, legally, financially or otherwise, (i) for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Festival or at Festival’s access/entry points, or (ii) for personal injuries sustained by Holder in the Festival, whether such injuries or manifestation of such injuries occur during or subsequent to the Festival. You further acknowledge and agree that Festival Organizer shall have no duty to mitigate any of Your potential or actual losses sustained hereunder.
  2. Public Health. WHILE ATTENDING THE FESTIVAL, YOU WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. Each Holder voluntarily assumes all risks, hazards and dangers incidental to the event for which the ticket is issued (“Event”), whether occurring prior to, during, or after the Event, including but not limited to those of communicable disease.

INDEMNIFICATION

Holder shall defend, covenant not to sue, indemnify, and hold harmless and forever release and discharge Festival Organizers (and Festival Organizers’ sponsors, Festival Organizers’ contractors, the third party Event operator and each of the foregoing’s respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, attorneys, authorized agents, predecessors, assigns, successors, licensees, insurers and designees (collectively “Indemnitees”) from any and all third party claims, damages, judgments, losses, relating to, arising from or in connection with, Holder’s Purchaser’s or Bearer’s negligent or wrongful acts. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

INCLEMENT WEATHER/EVENT CHANGES/FORCE MAJEURE

Festival Organizers shall have no responsibility, financial or otherwise, for Event and/or Festival cancellation, delay or interruption due to inclement weather, if the Festival or any of its Event(s) is postponed or canceled by the Festival Organizers due to public health and/or safety concerns, or other acts beyond its control, including but not limited to Force Majeure events as defined herein, and will not refund Holder in such situations unless decided otherwise by the Festival Organizers in their sole and absolute discretion as provided herein.  Upon the occurrence of the Event and/or Festival cancellation due to reasons outlined herein, including but not limited to, events outside the Festival’s reasonable control, acts of God, public health emergencies (including,  but not limited to, as a result of epidemics and pandemics); riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), any federal, state or local government law, order, or regulation, order of any court or jurisdiction,  Festival Organizers shall, at their sole and absolute discretion (a) have the right, but not the obligation, to issue a refund to Holders, OR shall at its sole and absolute discretion, (b) elect to postpone the Event and/or the Festival OR (c) cancel the Event and/or the Festival without further legal or financial obligation or liability to Holder, including the obligation to issue a refund or to reschedule the Event and/or the Festival. Purchasing Tickets pursuant to these terms and conditions subjects Holder to a high degree of risk relative to possible the Event and/or Festival’s cancellations. If the Festival Organizers elect to issue a refund, an amount equivalent to the face value of Ticket(s) only shall be refunded to the payment method by which the purchase was originally made. Under no circumstances shall Holder be entitled to a refund of any shipping, handling or other processing fees.

RIGHT TO USE YOUR NAME, VOICE, IMAGE AND LIKENESS

By using this ticket, Holder hereby grants Festival Organizers and their affiliates and licensees the irrevocable, transferable, perpetual right and license to record (by photograph, film, tape, aural devices and any other method or device) the Holder’s name, voice, image and likeness while at the Festival (the “Recordings”) and publish, print, display, or use such Recordings for any and all purposes, in any and all media now known or hereafter devised.  No cameras or recording devices are permitted at the Event, except as approved in advance by the Festival Organizers.

BAG POLICY

For everyone’s safety, all attendees must abide by the Festival’s Bag Policy, found at https://2025.sobewff.org/bagpolicy.   Attendees will not be permitted to bring non-approved bags into Festival Events under any circumstances.

DRINKING POLICY

As responsible members of the community, Festival Organizers recognize the concern about drinking and driving, and its policy is to encourage responsible consumption of products at the Festival.  Attendees who consume alcoholic beverages must do so in a responsible manner.  If Holder believes that his/her driving ability may be impaired or that Holder cannot safely operate a motor vehicle, please speak with a Festival representative who will assist in securing transportation (at Holder’s cost) to Holder’s destination point.  Due to the sheer number of Event attendees, neither the Festival Organizers nor the representatives of any Event venue can ensure that all attendees who intend to drive are capable of driving.  Accordingly, Holder agrees to release, indemnify and hold harmless Organizer Representatives and the Event venue, as appropriate, from any liability related thereto.

WEAPONS-FREE POLICY

Possession of any dangerous article, including but not limited to, firearms, destructive devices, explosives,  slingshots,  weapons,  tear  gas  guns,  electric  weapons  or  devices  and  fireworks, are expressly prohibited at the Festival in accordance with Florida Statutes Section 790.115, except as provided by Florida law. Holder agrees that this policy is in force, and agrees to comply with the policy, regardless of whether signs prohibiting weapons are posted on the premises of any official Festival Event.

NO PETS ALLOWED. ONLY SERVICE ANIMALS PERMITTED

Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. For more information, please refer to the U.S. Department of Justice https://www.ada.gov/resources/service-animals-2010-requirements/ .

ACCOMMODATIONS

To request materials in accessible format, register a service animal and or secure an accommodation, please contact FIU’s Office of Civil Rights Compliance and Accessibility (OCRCA) at 305.348.2785 or [email protected] at least two weeks in advance of the event or at the earliest possible opportunity.

GOVERNING LAW

Any claim arising from or relating to this Agreement, the Festival, or our dealings with one another, whether based in contract, tort, fraud or otherwise and regardless of the place of Holder’s residence, is governed by, and construed in accordance with, federal and Florida law, without regard to conflict of laws principles, and venue shall lie in Miami-Dade County. 

CODE OF CONDUCT

Holder acknowledges that Festival has additional rules and requirements; all of them set forth in the Festival’s Code of Conduct, found below.  All attendees (including ticket holders, sponsors, speakers, media, exhibitors and other participants) must abide by the aforementioned Festival’s Code of Conduct at all times.  Anyone found to be in violation of any of such terms will be asked to immediately leave the Event, without refund.

PURPOSE

We believe that the Festival events should be enjoyed by all attendees. As such, we are committed to providing a safe and welcoming environment for all. We invite all sponsors, speakers, attendees, media, exhibitors and other participants to help us realize a safe and positive event experience for everyone.

EXPECTED BEHAVIOR

Please be courteous and respectful to those around you and refrain from behavior that interferes with others’ ability to enjoy the Event. Refrain from demeaning, discriminatory or harassing behavior and speech. Be mindful of your surroundings and of your fellow participants. Alert event organizers if you notice a dangerous situation or someone in distress. Attendees shall comply with all requests from Festival staff regarding operational and emergency procedures. Wear your bracelet and/or badge, if one is provided to you, at all times while at the event or event venues.

UNACCEPTABLE BEHAVIOR

Unacceptable behavior will not be tolerated whether by an attendee, media, speaker, volunteer, organizer, venue staff, partner, sponsor, or exhibitor. Anyone asked to stop unacceptable behavior is expected to immediately comply. If anyone is found to be engaging in unacceptable behavior, the event organizers may take any action they deem appropriate, up to and including expulsion from the event without warning or refund and if appropriate, involvement of local law enforcement. Unacceptable behaviors include:

  1. Intimidating, harassing, abusive, discriminatory, derogatory, or demeaning conduct by any attendee of the event or related event activities. Many event venues are shared with members of the public; please be respectful to all patrons of these locations.
  2. Physical or verbal abuse, intimidation, threats, annoyance, harassment, stalking, pushing, shoving or use of any physical force whatsoever against any person, which in any way creates a disturbance that is disruptive or dangerous, or creates apprehension in a person, as determined by the Festival and its event management, in their sole discretion.
  3. Possession of a weapon or any item that can be used as a weapon, which may be used to threaten or cause injury to others if used in a certain manner.
  4. Any destruction or vandalizing of personal property or event site or materials.
  5. Any boisterous, lewd or offensive behavior or language, using sexually explicit or offensive language or conduct, profanity, obscene gestures, or racial, religious or ethnic slurs.
  6. Possessing any open can, bottle or other receptacle containing any alcoholic beverages, except in areas specifically designated for the consumption of alcohol or being intoxicated, as determined by the Festival, in any event venue or function. Please drink responsibly.
  7. Possessing any illegal substance, including but not limited to narcotics, marijuana, or other illegal drugs. The Festival does not tolerate the use or abuse of illegal substances anywhere in the event venues.
  8. Smoking is not permitted, other than in designated areas.
  9. Assembling for the purpose of, or resulting in, disturbing the peace, or committing any unlawful act or engaging in any offensive behavior.
  10. Any other illegal activity not already covered above.
  11. Failure to obey any of the rules or regulations of the event venues or instructions of the event staff.

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YOUR CONSENT

By using our site, you consent to our online privacy policy.

CHANGES TO OUR PRIVACY POLICY

If we decide to change our privacy policy, we will post those changes on this page.

CONTACTING US

If there are any questions regarding this Agreement, you may contact us at [email protected].