1. Application Terms Policies and Administration.
1.1 Application Terms.
Application Terms are an agreement entered between Participants and Organizers, and should include pertinent program expectations and program objectives, as well as an outline of onsite structure. For events charging Reimbursable Ticket fees, the terms will govern how and when Participants may qualify for a ticket reimbursement. Any expectation the Event has of the Participant should be included in the Terms, and major points should be reiterated in the Event's FAQ. The terms agreement is not only for the benefit of laying out Participant expectations, but also for laying out the program construct, important deadlines, arrival and entry procedures, shift expectations and how the program will be administered by the Organizer, including time clock procedures. The Organizer should be prepared to meet the expectations laid out within the Terms.
festiVOL understands there are many diverse event types and programs, and as such allows each event to set up their own unique application terms, provided they adhere to the following minimum standards:
(a) Application acceptance by Organizer should not discriminate on the basis of color, race, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, and must comply with all applicable anti-discrimination laws in the jurisdiction in which the event takes place;
(b) Any application acceptance criteria employed by Organizer should be clearly distinguished on the Event Home Page, viewable to prospective registrants and Participants prior to accessing the application;
(c) Organizer and Participants understand that the Application Terms are an agreement which provide the stipulations for member participation, and Ticket Fee Reimbursements when applicable. Organizer must ensure Participants are provided with all ample information, equipment, access, locations, and managing supervisors required for assigned shift completion;
(d) Application Terms must be in accordance with all applicable local, state, provincial, national and other laws, rules and regulations, including consumer protection legislation applicable to the jurisdiction in which the event takes place and the jurisdictions from which Participants may reasonably be expected to travel (including without limitation the Australian Consumer Law, EU Consumer Rights Directive, and UK Consumer Rights Act 2015).
Without limiting paragraph (d) above, Organizer is solely responsible for ensuring that its volunteer/staff program — including Work Obligations, shift lengths and breaks, minimum Participant ages, any compensation or reimbursement offered, and the classification of Participants as volunteers, independent contractors, or employees — complies with all labor, employment, volunteering, and workplace health and safety laws of the jurisdiction in which the event takes place. In some jurisdictions, requiring work in exchange for tickets, reimbursement, or other compensation may create an employment relationship subject to minimum wage, working time, and related obligations. festiVOL provides a management platform only, is not the employer or engager of any Participant, and makes no representation that any event’s program structure complies with applicable labor laws. Organizers should obtain local legal advice regarding Participant classification and labor law compliance before accepting applications.
(e) Application Terms should include the following at minimum:
1.2 Work Obligation Requirement — Qualifying for a Ticket Fee Reimbursement.
(a) The total number of hours required to be completed/assigned over the course of the event (the average minimum hours required).
(b) The number of hours expected in each shift, and the total number of shifts each participant is expected to complete.
(c) The dates and times shifts may be scheduled during.
(d) The location(s) where shifts will take place.
(e) Any special requirements for completing shifts, or completing overall Work Obligation.
(f) Required arrival dates and times, and expected procedures.
(g) Age requirements to participate, which must comply with the applicable minimum age of majority in the jurisdiction in which the event takes place.
(h) Any fees for application order processing, stated in the currency applicable to the event.
(i) Any ticket fee amounts and reimbursement amounts, as well as applicable cancellation terms, stated in the currency applicable to the event.
(j) ALL Terms and guidelines Participants must adhere to in order to qualify for a Completed Obligation, including for receiving a Ticket Fee Reimbursement when applicable. If the term is not posted in the Application Terms, it cannot be effectively used to bar Ticket Fee Reimbursement eligibility following the event.
(k) General expectations on communication from the Organizer to the Participant: how and when the Participant will be contacted, when the Schedules will be published, etc.
(l) Required arrival dates, orientation dates and times.
(m) Any requirements in relation to Code of Conduct, including, but not limited to, sobriety expectations, tardiness, misconduct, etc.
2. festiVOL™ Term Inclusions.
festiVOL offers a number of different features that an Organizer may choose to utilize for their program management. Features are geared around improving the program process for Participants and protecting the Event Organizer from program fraud and last minute Participant cancellations, and improving program functionality in terms of scheduling and managing Participant preferences.
festiVOL has a set of built-in terms that are included in the Organizer's Event Application Terms, depending on what features are being utilized. Some of these default terms are included as a courtesy to the Event Organizer, to assist in verbiage construct. These terms may be edited by the Organizer, as per preference.
However, some features have required terms that are not able to be removed or edited by the Organizer. For example, should an Event Organizer be utilizing Reimbursable Tickets for their event, there are associated terms that must be adhered to by the Event Organizer in order to use this feature, and these terms and stipulations must be published to prospective Participants, and agreed to during the Application Process.
In addition, festiVOL adds a general hold-harmless liability and indemnification clause, and photo release clause, to all Event terms.
festiVOL makes no warranty to the legality or validity of any sample or suggested verbiage inclusions. It is the responsibility and liability of the event to ensure that legal rights are protected and applicable jurisdictional laws are adhered to. Organizers operating international events should seek local legal advice to ensure their Application Terms comply with all applicable laws in the jurisdictions in which they operate and from which Participants may reasonably be expected to travel.