OLD WEST CHRISTMAS LIGHT FEST
TICKET TERMS AND CONDITIONS

PLEASE READ BEFORE PURCHASING. THESE TERMS INCLUDE AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY THAT COVERS OUR OWN NEGLIGENCE, AN INDEMNITY, A NO-REFUND POLICY, AND A REQUIREMENT THAT YOU CONTACT US BEFORE DISPUTING A CHARGE. BY CHECKING THE BOX AND COMPLETING YOUR PURCHASE, YOU AGREE TO ALL OF THEM FOR YOURSELF AND FOR EVERYONE ADMITTED ON YOUR TICKETS, INCLUDING MINORS.


1. WHO THESE TERMS COVER

"Company" means ES Ranch, LLC d/b/a Enchanted Springs Ranch and Old West Christmas Lightfest, LLC d/b/a Old West Christmas Light Fest.

"Released Parties" means the Company and its owners, members, officers, directors, employees, volunteers, agents, contractors, vendors, sponsors, and affiliates, and the owner and landlord of the premises.

"Purchaser" means the person buying the tickets. "Guests" means everyone admitted on those tickets, including minors.

I am at least 18 years old. I am purchasing for myself and my Guests, I have the authority to accept these terms on their behalf, and I will make these terms available to them. I understand the Company is relying on that.


2. WHAT YOUR TICKET IS

A ticket is a revocable license to enter the event grounds on the date and, if applicable, the entry time shown on it. It is not a property right and conveys no interest in the premises.

HOW ENTRY WORKS: You will arrive by vehicle at the main entrance gate, where your ticket is scanned. Scanning grants you and your Guests admission to the event grounds. After you are scanned in, you park and walk into the Old West town at your own pace.

- Tickets are date-specific and are not valid on any other night unless they are transferred before their original night as described in Section 6, or the Company otherwise agrees in writing.
- A ticket admits you to the festival. It does not guarantee access to any specific attraction, ride, show, character appearance, photo opportunity, or vendor. Attractions may close or change at any time without notice.
- Some attractions, including the mechanical bull and laser tag, require a separate signed waiver and have age, height, and weight limits. Some attractions may carry an additional fee.
- Each ticket scans one time. Re-entry is at the Company's discretion.
- Tickets may not be resold above face value. The Company may void tickets purchased or sold through unauthorized channels.
- Lost, stolen, or damaged tickets are not replaced.
- The Purchaser remains responsible under these terms for every ticket purchased, including tickets given or transferred to another person.
- The Company may refuse entry to, or remove without refund, anyone who violates these terms, posted rules, or staff instructions, or whose conduct is unsafe, disruptive, or unlawful.
- The Company may inspect bags and personal items as a condition of entry.


3. ASSUMPTION OF RISK

Attending the event involves inherent risks that cannot be eliminated no matter how much care the Company takes. These risks include, but are not limited to:

darkness and low light; uneven, wet, muddy, icy, or slippery ground; outdoor, nighttime, and cold-weather conditions; weather of all kinds; ranch and agricultural conditions, including livestock and other animals, and contact with animals; crowds and lines; vehicles, trams, wagons, carts, and equipment; fire, fire pits, and other heat sources; smoke, fog, and haze effects; BRIGHT, ANIMATED, AND FLASHING LIGHT DISPLAYS, WHICH MAY TRIGGER A SEIZURE IN PEOPLE WITH PHOTOSENSITIVE EPILEPSY; food and beverage allergens; slips, trips, and falls; overexertion, heat, and cold; and the conduct of other guests and of third parties.

This list is not complete. Other unknown or unexpected risks may result in injury, illness, death, or property damage.

ON BEHALF OF MYSELF AND MY GUESTS, I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PERSONAL INJURY, ILLNESS, DEATH, AND PROPERTY DAMAGE ARISING OUT OF OR RELATED TO ATTENDING THE EVENT, INCLUDING RISK CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.


4. RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I RELEASE, WAIVE, AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND ARISING OUT OF OR RELATED TO ATTENDANCE AT THE EVENT OR PRESENCE ON THE PREMISES, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, WRONGFUL DEATH, AND PROPERTY DAMAGE, WHETHER BROUGHT BY ME, BY MY GUESTS, OR BY OUR SPOUSES, CHILDREN, HEIRS, NEXT OF KIN, LEGAL REPRESENTATIVES, OR ASSIGNS.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, PREMISES LIABILITY, OR STRICT LIABILITY OF ONE OR MORE OF THE RELEASED PARTIES. IT DOES NOT RELEASE CLAIMS FOR INTENTIONAL MISCONDUCT, AND IT DOES NOT RELEASE ANY CLAIM THAT APPLICABLE LAW PROHIBITS FROM BEING RELEASED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIM RELATING TO A TICKET OR TO ATTENDANCE AT THE EVENT IS LIMITED TO THE AMOUNT ACTUALLY PAID FOR THAT TICKET.


5. RESPONSIBILITY FOR GUESTS AND MINORS

I am responsible for the conduct and supervision of everyone admitted on my tickets, including any minors in my care. Minors must be supervised by an adult at all times.

I UNDERSTAND THAT TEXAS LAW MAY NOT PERMIT A PARENT OR GUARDIAN TO RELEASE A MINOR'S OWN CLAIM FOR PERSONAL INJURY. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIM, DEMAND, LOSS, DAMAGE, JUDGMENT, SETTLEMENT, COST, AND EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, BROUGHT BY OR ON BEHALF OF ANY OF MY GUESTS OR ANY MINOR IN MY PARTY, OR ARISING OUT OF THEIR CONDUCT, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.

I also release all of my own claims relating to a minor's attendance, including claims for medical expenses and for loss of the minor's services or companionship.


6. ALL SALES ARE FINAL - NO REFUNDS

ALL TICKET SALES ARE FINAL. TICKETS ARE NON-REFUNDABLE EXCEPT AS STATED IN THIS SECTION. TICKETS MAY BE TRANSFERRED TO ANOTHER OPERATING NIGHT OF THE SAME SEASON, SUBJECT TO AVAILABILITY, IF THE TRANSFER IS REQUESTED BEFORE THE NIGHT FOR WHICH THE TICKETS WERE PURCHASED. ONCE A TICKET HAS BEEN SCANNED AT CHECK-IN, IT CANNOT BE TRANSFERRED. THIS INCLUDES, WITHOUT LIMITATION: weather, cold, rain, wind, mud, illness, injury, scheduling conflicts, transportation or travel problems, personal circumstances, wait times, crowd levels, parking, the closure or unavailability of any individual attraction, and dissatisfaction with the event.

THE EVENT OPERATES RAIN OR SHINE. Individual attractions may close for weather, maintenance, staffing, or safety reasons at any time, and a closure does not entitle you to a refund.

IF THE COMPANY CANCELS AN ENTIRE OPERATING NIGHT DUE TO INCLEMENT WEATHER OR ANY OTHER REASON, YOU WILL BE REFUNDED THE AMOUNT PAID FOR TICKETS TO THAT NIGHT. You may instead elect to have your tickets honored on another operating night during the same season, subject to availability. A refund or a transfer under this paragraph is your sole and exclusive remedy for a cancelled night.

Refund requests must be submitted in writing to festival management at [email protected]. We will review and respond within five (5) business days of receiving the request. Except for a Company-cancelled night, any refund is granted at festival management's sole discretion. Approved refunds are issued to the original payment method and may take up to ten (10) business days to appear.

I ACKNOWLEDGE THAT THIS NO-REFUND POLICY WAS CLEARLY DISCLOSED TO ME BEFORE PAYMENT WAS TAKEN AND THAT I ACCEPTED IT AS A CONDITION OF SALE.


7. DELIVERY OF SERVICE, PAYMENT DISPUTES, AND CHARGEBACKS

(a) WHAT I AM BUYING. I UNDERSTAND AND AGREE THAT WHAT I AM PURCHASING IS ADMISSION TO THE EVENT GROUNDS - THE RIGHT TO BE ADMITTED THROUGH THE ENTRANCE GATE ON THE DATE SHOWN ON MY TICKET. I AM NOT PURCHASING ANY PARTICULAR ATTRACTION, RIDE, SHOW, EXPERIENCE, WEATHER CONDITION, WAIT TIME, OR LEVEL OF ENJOYMENT.

(b) WHEN THE SERVICE IS DELIVERED. THE COMPANY HAS FULLY PERFORMED AND DELIVERED THAT SERVICE AT THE MOMENT MY TICKET IS SCANNED AT THE ENTRANCE GATE AND MY VEHICLE AND PARTY ARE ADMITTED ONTO THE EVENT GROUNDS. THE SCAN IS THE POINT OF DELIVERY. WHAT I CHOOSE TO DO AFTER THAT POINT - WHETHER I PARK, HOW LONG I TAKE TO WALK INTO THE OLD WEST TOWN, WHICH ATTRACTIONS I VISIT OR SKIP, HOW LONG I WAIT IN LINE, HOW LONG I STAY, THE WEATHER DURING MY VISIT, OR WHETHER I ENJOY MYSELF - IS ENTIRELY MY OWN CHOICE AND DOES NOT CHANGE THE FACT THAT ADMISSION WAS DELIVERED AND RECEIVED IN FULL.

I FURTHER AGREE THAT LEAVING THE EVENT GROUNDS EARLY, OR CHOOSING NOT TO WALK IN AFTER BEING SCANNED AND ADMITTED, DOES NOT ENTITLE ME TO A REFUND AND DOES NOT MEAN THE SERVICE WAS NOT RECEIVED.

(c) THE SCAN RECORD. The Company's ticket scan record - which is linked to my order number and records the date, time, and gate of entry for each ticket - is the Company's record of delivery, and I agree it is accurate and may be relied upon as conclusive evidence that admission was provided.

(d) YOU MUST CONTACT US FIRST. BEFORE INITIATING ANY CHARGEBACK, PAYMENT DISPUTE, OR REVERSAL WITH YOUR BANK OR CARD ISSUER, I AGREE TO FIRST SUBMIT MY CONCERN IN WRITING TO [email protected] AND TO ALLOW THE COMPANY FIVE (5) BUSINESS DAYS TO RESPOND AND ATTEMPT TO RESOLVE IT. I understand that card network rules also require a cardholder to attempt to resolve a dispute with the merchant before filing. Initiating a dispute without first contacting the Company and allowing it a reasonable opportunity to respond is a material breach of these terms.

(e) NO DISPUTE AFTER ATTENDANCE. I AGREE NOT TO INITIATE A CHARGEBACK OR PAYMENT DISPUTE ON THE GROUNDS THAT SERVICES WERE NOT RECEIVED, WERE NOT AS DESCRIBED, WERE CANCELLED, OR WERE UNAUTHORIZED, WITH RESPECT TO ANY TICKET THAT WAS SCANNED FOR ENTRY TO THE EVENT.

(f) CONSENT TO SHARE EVIDENCE. I authorize the Company to disclose to my card issuer, its acquiring bank, its payment processor, and the applicable card networks, in response to any dispute: my order and purchase record; the date, time, and IP address of my acceptance of these terms; the device and browser information associated with the purchase; the email address and phone number used; confirmation of ticket delivery; the ticket scan log showing the date, time, and gate of entry for each ticket; photographs or video from event security or entry cameras; and all correspondence between me and the Company.

(g) CONSEQUENCES. If I initiate a dispute in breach of this Section, the Company may void the associated and any remaining tickets, deny or revoke entry, and decline to sell me tickets in the future. To the fullest extent permitted by law, I agree to reimburse the Company for the ticket price, any dispute or chargeback fee assessed to the Company by its processor or the card networks, and the reasonable costs of responding to the dispute and of collection, including attorneys' fees.

(h) NOT A WAIVER OF LEGAL RIGHTS. Nothing in this Section prevents me from exercising any right I have under applicable law. This Section states the parties' agreement about when the service is delivered, requires that I contact the Company first, and sets out the consequences of a dispute filed in breach of these terms.


8. PHOTOGRAPHY AND FILMING

The Company photographs, films, and records guests throughout the event. By attending, I and my Guests grant the Company the irrevocable right to use our names, images, likenesses, voices, and appearances in any medium now known or later developed, worldwide and in perpetuity, for advertising, publicity, promotional, and archival purposes, without compensation, notice, or approval. Media, influencers, and other third parties may also be filming on site.


9. CONDUCT, ALCOHOL, AND PROHIBITED ITEMS

All guests must follow posted rules and staff instructions. The following are prohibited: weapons of any kind, fireworks, drones, outside alcohol, illegal drugs, and unleashed animals. Pets are welcome but must remain on a leash and under their owner's control at all times, and owners are responsible for their pet's behavior and clean-up. Trained service animals are always welcome.

Where alcohol is sold, it is served only to guests 21 and over with valid government-issued photo identification. The Company may refuse service or entry to, or remove, anyone who appears intoxicated. No refund will be given.


10. PERSONAL PROPERTY AND PARKING

The Company is not responsible for lost, stolen, or damaged personal property, or for damage to or theft from vehicles. Parking is at your own risk.


11. EVENTS BEYOND OUR CONTROL

The Company is not liable for any failure or delay in holding the event, or any part of it, caused by circumstances beyond its reasonable control, including weather, fire, flood, power or equipment failure, labor shortage, illness or public health order, government action, or acts of God. If such a circumstance causes the Company to cancel an entire operating night, Section 6 governs your remedy.


12. TEXAS LAW, VENUE, AND DISPUTES

These terms are governed by the laws of the State of Texas. Any suit arising out of or related to these terms, a ticket, or attendance at the event must be brought exclusively in the state or federal courts located in Kendall County, Texas. To the fullest extent permitted by law, I waive any right to a trial by jury.

If a court holds the release in Section 4 void or unenforceable, then any claim against the Released Parties will instead be resolved by final and binding arbitration before a single arbitrator, administered by the American Arbitration Association under its applicable rules then in effect, in Kendall County, Texas.

These terms are intended to be as broad and inclusive as Texas law permits. If any part is held invalid or unenforceable, it will be enforced to the maximum extent allowed and the rest will remain in full force and effect. These terms are the entire agreement regarding ticket purchase and attendance and replace any other statement, representation, or advertisement. The Company may update these terms; the version you accept at the time of purchase applies to that purchase.


13. ACKNOWLEDGMENT

BY CHECKING THE BOX BELOW AND COMPLETING THIS PURCHASE, I CONFIRM THAT I HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREED TO ALL OF THESE TERMS, INCLUDING THE ASSUMPTION OF RISK, THE RELEASE OF LIABILITY FOR THE RELEASED PARTIES' OWN NEGLIGENCE, THE INDEMNITY, THE NO-REFUND POLICY, AND THE DELIVERY-OF-SERVICE AND CHARGEBACK TERMS IN SECTION 7, ON BEHALF OF MYSELF AND EVERYONE ADMITTED ON MY TICKETS, INCLUDING MINORS.

I ACKNOWLEDGE THAT THESE TERMS WERE PRESENTED TO ME AND THAT I ACCEPTED THEM BEFORE PAYMENT WAS TAKEN. I AGREE THAT MY ELECTRONIC ACCEPTANCE HAS THE SAME FORCE AND EFFECT AS MY HANDWRITTEN SIGNATURE ON A PAPER COPY.