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Terms and Conditions

Effective Date: June 2, 2025

These Terms and Conditions ("Terms") govern your purchase of tickets for and attendance at the "Kaleidoscope" electronic music festival (the "Event"), produced by KALEIDOSCOPE.KE LLC ("Company," "we," "us," or "our"). KALEIDOSCOPE.KE LLC is a company registered in the United States of America (8 THE GRN STE A DOVER, DE, 19901). The Event is held in Kenya.

By purchasing a ticket and/or attending the Event, you ("Ticket Holder," "you," "your") agree to be bound by these Terms. If you are purchasing tickets on behalf of others, you represent that you are authorized to accept these Terms on their behalf, and they also agree to be bound by these Terms.

Please read these Terms carefully. For any questions, contact us at INFO@KALEIDOSCOPE.WTF.

1. Event Details

  • Event Name: Kaleidoscope

  • Event Dates and Venue: The specific dates, times, and venue for the Event (currently planned for September 19, 2025, from 3:00 PM, to September 22, 2025, 7:00 AM, at Temple Point Resort, Watamu, Kenya, or as otherwise specified at the time of ticket purchase) are subject to change. We will notify Ticket Holders of any material changes.

  • Age Restriction: The Event is strictly for persons aged 21 and over (21+). Valid government-issued photo identification (ID) will be required to verify age at the point of entry. Failure to provide valid ID will result in refusal of entry without a refund.

2. Ticket Purchase and Payments

  • Purchasing Process: Tickets are sold online via our designated ticketing platform (e.g., https://buytickets.at/kaleidoscopekellc/1724715) and may be available for purchase at the Event gate, subject to availability.

  • Pricing and Payment: Ticket prices are displayed in the currency specified at the point of sale (e.g., Kenyan Shilling (KES), US Dollar (USD), Euro (EUR), British Pound (GBP)). Prices may be subject to taxes and booking fees, which will be indicated before purchase. All sales are final.

  • Ticket Limits:

    • "Dhow Rave" tickets: Limited to five (5) per person.

    • "Hidden Ticket": Limited to one (1) per person.

    • All other ticket types: Limited to fifty (50) per person unless otherwise specified. We reserve the right to cancel any orders exceeding these limits without notice.

  • Order Confirmation: Upon successful purchase, you will receive an order confirmation email with your downloadable e-ticket(s). It is your responsibility to provide a valid email address and ensure receipt of this confirmation.

3. Ticket Resale and Transfer

  • Resale: Tickets may not be resold or offered for resale at a price higher than the original purchase price. We reserve the right to cancel any ticket that has been resold or offered for resale in breach of this condition, without refund or other compensation.

  • Transferability: Tickets are generally non-transferable unless explicitly stated otherwise or facilitated through an official transfer mechanism provided by us. Unauthorized transfers may result in the ticket being voided.

4. Refunds, Cancellations, and Postponement

  • No Refunds: All ticket sales are final. No refunds will be issued if you are unable to attend the Event for any reason, including but not limited to personal circumstances, travel disruptions, or illness, except as expressly stated in these Terms or as required by applicable law.

  • Event Cancellation by Company: If the Event is cancelled by KALEIDOSCOPE.KE LLC for reasons within our reasonable control, we will offer Ticket Holders a credit for a future event of equivalent value. No cash refunds will be provided unless required by applicable law.

  • Event Postponement: If the Event is postponed, your ticket(s) will automatically be valid for the new dates. Should you be unable to attend the rescheduled dates, options may be provided at our discretion, which may include the option to request a credit for a future event.

  • Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms, including the cancellation or postponement of the Event, if such failure or delay is due to a Force Majeure Event. A "Force Majeure Event" includes any act, event, non-happening, omission or accident beyond our reasonable control, including but not limited to: war, civil unrest, riot, terrorist attack or threat of terrorist attack, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. In the event of a cancellation or postponement due to a Force Majeure Event, no refunds will be issued.

5. Entry and Attendance at the Event

  • Entry Requirements: To gain entry to the Event, you must present:

    • A valid e-ticket or official wristband.

    • Valid, original government-issued photo ID matching the name on the ticket (if applicable) and proving you are 21 years of age or older. Photocopies or digital images may not be accepted.

  • Search Policy: You and your belongings may be searched upon entry to the Event, and at any time while at the Event. By purchasing a ticket, you consent to such searches. If you refuse to be searched, you may be denied entry or ejected from the Event without refund.

  • Prohibited Items: The following items are strictly prohibited from being brought into the Event:

    • Mobile Phones: General attendees are NOT permitted to bring mobile phones into the Event grounds.

      • Exception for Hotel Guests: Attendees who have also booked accommodation directly within the official Event hotel (Temple Point Resort) may bring their mobile phones. However, upon entry to the festival area, these phones MUST be secured in a special privacy bag provided by the Event staff (e.g., a Yondr-style pouch or similar locking mechanism). This bag will render the phone unusable (including camera, calls, apps) while within the festival grounds. Tampering with or removing the phone from the privacy bag within the festival grounds may result in ejection from the Event without refund.

    • Illegal substances of any kind.

    • Weapons of any kind (including firearms, knives, sharp objects, pepper spray).

    • Dangerous items (e.g., explosives, fireworks, flares).

    • Outside food and beverages (including alcohol).

    • Professional recording equipment (audio or visual), unless explicitly authorized by the Company.

    • Drones or any unmanned aerial vehicles.

    • Any other items deemed by Event staff to be dangerous, offensive, or disruptive. Prohibited items will be confiscated and may not be returned. Possession of illegal items may result in ejection and referral to law enforcement.

  • Code of Conduct: You must behave respectfully and responsibly at all times. The following are strictly prohibited:

    • Harassment of any kind (including based on race, gender, sexual orientation, religion, disability, or any other protected characteristic).

    • Violence or threats of violence.

    • Disruptive, disorderly, or dangerous behavior.

    • Damage to property or art installations.

    • Any act that violates local laws or regulations. Failure to comply with this Code of Conduct may result in immediate ejection from the Event without refund, a ban from future events, and, if applicable, referral to local police authorities.

  • Photography and Videography:

    • Attendee Photography: Due to the no-phone policy for most attendees, personal photography and videography using personal mobile phones is generally not possible. One-time use cameras will be available for purchase at the Event for attendees who wish to take personal photos. Any photos or videos taken are for personal, non-commercial use only.

    • Official Photography/Videography: By attending the Event, you irrevocably consent to being photographed, filmed, and/or recorded by us or our authorized third parties. You grant us and our affiliates, successors, and assigns the perpetual, worldwide, royalty-free, and unrestricted right to use your image, likeness, voice, and name in any and all media (now known or hereafter devised) for any purpose, including but not limited to promotional, marketing, and archival purposes, without further compensation or approval.

  • Health and Safety:

    • Attendance at the Event is at your own risk. You are responsible for your own health, safety, and hydration. Be aware of potential hazards such as loud music, strobe lighting, uneven terrain, and crowded areas.

    • Medical facilities/first aid will be available on-site. If you require medical attention, the risk and responsibility for any treatment provided lie with the third-party medical service provider, not KALEIDOSCOPE.KE LLC.

    • KALEIDOSCOPE.KE LLC and its partners, including TEMPLE POINT RESORT LTD, are not responsible for any harm, injury, or illness resulting from loud music, strobe lights, dehydration, interaction with art installations, or other inherent risks of attending a large-scale event, subject to limitations under applicable law.

  • Accessibility: The Event is held at a venue (Temple Point Resort) with terrain that may present challenges for individuals with certain disabilities. We regret that, due to the nature of the grounds, we may not be able to provide special provisions or guarantee full accessibility for all attendees with disabilities. Please contact us in advance if you have specific concerns.

6. Intellectual Property

All intellectual property rights in and to the Event, including but not limited to the KALEIDOSCOPE name, logos, branding, designs, website content, and any materials distributed in connection with the Event, are owned by or licensed to KALEIDOSCOPE.KE LLC. You may not use any of our intellectual property without our prior written consent.

7. Liability and Disclaimers

  • Assumption of Risk: You acknowledge and agree that your attendance at the Event is voluntary and at your own risk. You assume all risks, hazards, and dangers arising from or relating in any way to the Event, whether occurring prior to, during, or after the Event, including but not limited to the risk of personal injury, illness (including exposure to communicable diseases), death, and loss or damage to personal property.

  • Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KALEIDOSCOPE.KE LLC (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES) AND OUR EVENT PARTNERS (INCLUDING TEMPLE POINT RESORT LTD) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ATTENDANCE AT OR INABILITY TO ATTEND THE EVENT; (B) THE CONDUCT OR CONTENT OF ANY THIRD PARTY AT THE EVENT; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; OR (D) ANY ITEMS OR SUBSTANCES BROUGHT INTO THE EVENT BY OTHER ATTENDEES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE EVENT OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR YOUR TICKET(S) TO THE EVENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • Indemnification: You agree to indemnify, defend, and hold harmless KALEIDOSCOPE.KE LLC, its affiliates, officers, directors, employees, agents, and Event partners (including TEMPLE POINT RESORT LTD) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your ticket's) violation of these Terms or any applicable law, or your negligent or willful misconduct.

  • Disclaimer of Warranties: The Event is provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Event will be uninterrupted, error-free, or that defects will be corrected.

8. Governing Law and Dispute Resolution

  • Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Kenya.

    • Note for KALEIDOSCOPE.KE LLC: While you prefer Kenyan law, as a US-registered company selling tickets globally, this choice can create complexities in enforcement, especially for disputes initiated by customers outside Kenya. Standard practice often involves choosing the law of the seller's jurisdiction (Delaware, USA for your LLC). It is highly recommended to consult legal counsel on this specific point to ensure it aligns with your overall risk management and enforceability strategy.

  • Dispute Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Event, the parties shall first attempt to resolve the dispute amicably through good-faith negotiation. If the dispute cannot be resolved by negotiation within thirty (30) days, the parties agree to attempt to resolve the dispute through mediation administered by a mutually agreed-upon mediator in Kenya. If mediation is unsuccessful, any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Act of Kenya or any statutory modification or re-enactment thereof for the time being in force. The place of arbitration shall be Nairobi, Kenya. The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties. Nothing in this clause shall prevent KALEIDOSCOPE.KE LLC from seeking injunctive or other equitable relief from a court of competent jurisdiction.

9. General Provisions

  • Amendments: We reserve the right to amend these Terms at any time. Any amendments will be effective immediately upon posting the revised Terms on our website and/or notifying Ticket Holders via email. Your continued attendance at the Event or use of our services after such posting or notification will constitute your acceptance of the amended Terms.

  • Severability: If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in full force and effect.

  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and KALEIDOSCOPE.KE LLC regarding your ticket purchase and attendance at the Event and supersede all prior agreements, understandings, and representations.

  • Waiver: No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

  • Assignment: You may not assign, transfer, or subcontract any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party at our discretion.

  • Notices: Any notices to be given under these Terms shall be in writing. Notices to us should be sent to INFO@KALEIDOSCOPE.WTF. Notices to you will be sent to the email address you provided during the ticket purchase process.

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