Terms of Purchase

The Terms of Purchase are between you, the purchaser and the purchaser’s guests (together “you” or “the Participant”) and Upland Creative, LLC (“Upland Creative”). In consideration of the consent of Upland Creative to provide you with services, you voluntarily agree to the following terms and conditions of purchase. If you do not agree to these terms, please do not purchase a ticket.

Weather

All events proceed rain or shine. In the event of rain, Upland Creative will arrange for shelter for the table. Participants will still receive a tour of the farm, and Upland Creative recommends dressing appropriately. Absent an evacuation situation, under no circumstances will a Participant be entitled to a refund or additional financial accommodations due to poor weather conditions.

Force Majeure

Any delay in whole or in part in the event caused by the occurrence of any fire, flood, earthquake, elements of nature or acts of God, pandemic or widespread illness, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other similar cause beyond the reasonable control of Upland Creative shall be excused and not considered a breach of this Agreement, nor shall it entitle the Participant a refund on the purchase amount.

Refunds and Cancellation

Due to the nature of the events, no refunds or credits will be given if the Participant is unable to attend. However, tickets can be transferred to someone else. Please contact us hello@uplandcreative.com with the new guest’s information at least 24 hours prior to the event, or tell the guests using your reservation to give your name at arrival. Transferring funds for your tickets is your responsibility.

There will be a 10 guest minimum per date. If we do not reach 10 guests, the Participant will be able to reschedule their purchased tickets for any other 2023 party date or receive a full refund.

In the case of an event being postponed due to circumstances beyond Upland Creative’s control, Upland Creative will reschedule said event and all purchases will be honored for the rescheduled future event date. No monetary refunds will be issued. If a guest is unable to attend the rescheduled event, Upland Creative will issue a credit for the original purchase amount, for the guest to use toward another Upland Creative event of their choice.

Dietary Accommodations 

Due to the family style nature of our meals and in order to uphold the highest quality standards, we can only guarantee accommodations for vegetarian requests.

Attire

No refunds or accommodations will be provided as a result of improper attire worn by the Participant. Events take place on all sorts of natural terrain in the fields of a working farm, so please wear proper attire and appropriate shoes. Please dress accordingly and remember to wear appropriate shoes. A jacket and/or blanket is recommended as it often gets cool in the evening. 

Personal Items

We are not liable for lost or stolen property of Participants. If the Participant misplaces an item, Upland Creative will do our best to get it back to the Participant.

Limited License

Upland Creative reserves the right to refuse admission to or eject any Participant whose conduct is deemed to be disorderly, or any Participant who fails to comply with the terms and conditions herein.

Media License

The Participant consents to Upland Creative’s commercial, journalistic and internal use of any media image, audio or visual, taken by, on behalf of, or for the use of Upland Creative during your participation in the event.

Assumption of Risk

By purchasing an event ticket, the Participant chooses to voluntarily participate with the full knowledge that the activity may be hazardous to your person or property, as well as the person and property of others. By participating in the event, the Participant represents and warrants that s/he knows of no medical or physical reason why s/he should not participate in the activities.

Release and Waiver

YOU ASSUME ALL RISK AND DANGER INCIDENTAL TO THE EVENT WHETHER OCCURRING PRIOR TO, DURING, OR AFTER SAID EVENT. EACH PARTICIPANT KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES AND RELINQUISHES UPLAND CREATIVE’S OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES (COLLECTIVELY “THE RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS, INJURIES (INCLUDING DEATH), ILLNESS, PROPERTY LOSS OR DAMAGES INCLUDING LEGAL FEES, COSTS, MEDICAL EXPENSES AND EXPENSES OF ANY KIND OR NATURE WHICH ARISE FROM OR RELATE TO PARTICIPANT’S TIME AND ACTIVITIES AT THE EVENT AS A RESULT OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASEES.

Limitation of Liability

UPLAND CREATIVE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Upland Creative from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees arising from any loss, injury or other damage resulting from your negligence or act resulting in harm to another patron attending the event.

Jurisdiction

You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of Dubuque, Iowa, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Arbitration

The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference. In the event that the dispute, claim or controversy is not resolved through negotiation all claims and disputes are to be settled by binding arbitration in the State of Iowa or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.