FESTIVAL RULES

​

I. GENERAL PROVISIONS:

1. These regulations (hereinafter referred to as: "Regulations") were issued on the basis of the provisions of the Act of March 20, 2009 on the safety of mass events, publ. Journal of Laws of 2018, item 1870 (hereinafter referred to as the "Act") and pursuant to the provisions of the Civil Code.
2. The Regulations are issued by the ART THEATER Association with its seat in Bielsko-Biała at ul. Mostowa 5, entered into the register of Associations, Other Social and Professional Organizations, Foundations and Public Healthcare Institutions by the District Court, VIII Commercial Division of the National Court Register in Bielsko-Biała under KRS number: 0000172223 - Organizer of the event under the name: "LOTOS Jazz Festival Bielska Zadymka Jazzowa" , the next twenty-third edition of which will take place on June 23-27, 2021 in Bielsko-Biała - in the open space: on stages located on the Market Square, at Bolek and Lolek Square and on the slope of Szyndzielnia - in Bielsko-Biała; in the tent hall near Dębowiec, in Klub Klimat and in another place or places announced by the Organizer to the public (hereinafter referred to as: "the Event").
3. The Regulations are addressed to all persons who will be staying in the area where the Event is carried out during the Event. Each person staying in this area during the Event is obliged to comply with the provisions of these Regulations.
4. The purpose of the Regulations is to ensure the safety of the Event by defining the rules of behavior of people present at the Event and their use of the area where the Event is carried out, as well as the equipment located there, and also to regulate the rights and obligations of the participants of the Event in connection with purchase of an admission ticket to the Event. The purpose of the Regulations is, in particular, to regulate the safety rules of the participants of the Event and all persons involved in its organization - determined by the COVID-19 threat and applicable regulations in this matter.
5. The following terms used in the Regulations will have the following meaning:
"Ticket" means an individual consent to enter the Event;  
     "Identifier" means an identifier issued by the Organizer when entering the Event Venue - to musicians with technical and managerial support staff; people from the Organizer's service, accredited journalists and photojournalists, as well as other people whose entry to the Event Venue the Organizer deems purposeful; The badge will be in the form of a laminated sign hung around the neck, the pattern of which is set by the Organizer.  Z The ID can only be used by one person, and also the person whose name and surname appear on the ID; damage or rupture of the ID causes its expiration; it is forbidden to give away the ID;  
     "Sectors" means individual zones on the Event Venue intended for viewers. Access to individual Sectors depends on the purchase of the appropriate type of Ticket (or the issue of the appropriate Identifier, as appropriate); _ cc781905-5cde-3194-bb3b-136bad5cf58d_
     "Security Service" means persons appointed by the Organizer, including employees of the security agency for persons or property, with an ID, to care for the safety of people participating in the Event , including the control of the Participants' rights to enter the Event Venue. Security Service members have identifiers placed in a visible place containing: the name of the issuer and the identification number,   validity period, stamp and signature of the issuer;  
     "Event Venue" means a designated and appropriately marked area where the ticketed Open Air Event will be held, a concert tent, part of the Climate Club in SFERA Gallery in Bielsko-Biała, an appropriately designated area of this Gallery outside the indicated Club, the premises of the Festival Club,  Schronisko na Szyndzielnia, or another place to which the Event may be moved for important reasons and made public before the Event ;  
     "Event Participant" means a person participating in the Event on the basis of a Ticket or ID. A participant of the Event may be a minor after reaching 4 years of age (only under the care and sole responsibility of an adult under whose care he / she remains and who signs a relevant declaration when entering the event area), after purchasing Tickets for both the minor and the adult.

​

II. TICKET SALE:

6. Tickets are sold only at authorized points of sale. The list of authorized points of sale is available at www.zadymka.pl.
7. Tickets may be sold only at the price printed on the Ticket. It is forbidden to resell Tickets at a price higher than that printed on the Ticket. It is forbidden to resell Tickets at auctions, auctions, competitions, resale for profit outside authorized points of sale, etc.
8. The organizer informs that pursuant to Art. 133   of the Act of May 20, 1971 Code of Petty Offenses: "Whoever purchases tickets to artistic, entertainment or sports events or who sells such tickets for a profit, is subject to arrest, restrictions freedom or a fine. Attempted, inciting, and aiding and abetting are punishable by law. "
9. The Organizer warns that the purchase of Tickets from third parties carries the risk of buying a counterfeit ticket, which in turn results in the refusal to replace the non-original document with a Ticket and admission to the Event.
10. Only a valid Ticket - original, purchased in accordance with the provisions of these Regulations - entitles to enter the Event. A ticket purchased in breach of the provisions of the Regulations may be canceled by the Organizer, without the right to refund . 
11. Disabled persons and their guardians who want to participate in the Event are required to purchase Tickets.

​

III. ENTRY TO THE EVENT AREA AND TO THE SECTORS

12. Admission to the Event Venue is available to persons who have valid Tickets or an ID issued by the Organizer. Each entry to the Event Venue is entitled to Participants with an undamaged ID tag hung around their neck. Breaking or destroying the Identifier causes its cancellation and the loss of the right to enter the Event Venue. The organizer may provide for the use of other signs authorizing to enter (exit with the right to re-enter) the premises of the Event - in the form of seals on the outer parts of the hands, tapes or stickers.
12a. If the Participant of the Event is a minor aged 4 to 15, he may participate in the Event only under the supervision of an adult who, when entering the Event for the first time, will sign a declaration of full responsibility for the minor at the information desk according to the formula developed by the Organizer.
13. Regardless of the fulfillment of the above conditions specified in point 12 and 12a above, the following persons are not entitled to enter the Event Venue:  
I. persons against whom a ruling has been issued: prohibiting entry to a mass event, if punished for offenses,  
b) referred to in art. 22 of the Act;  
c) obliging to refrain from staying in places of mass events, issued by the court against the convicted person in connection with the conditional suspension of the imprisonment sentence or against a minor on   pursuant to art. 6 pts 2 of the Act of October 26, 1982 on juvenile delinquency proceedings;  
d) non-compliance with the safety rules and implemented, published restrictions related to the COVID-19 pandemic;
II. persons who refuse to undergo the activities referred to in point 22 letters a) - d)   of the Regulations.  
14. The Organizer of the Event may refuse entry to the Event and stay at the Event to persons:
a)   without an ID,
b) under the visible influence of alcohol, intoxicants, psychotropic drugs or other similar agents,
c) possessing weapons or other items, materials, products, beverages, agents or substances referred to in point 20 of the Regulations,
d) behaving aggressively, provocatively or in any other way posing a threat to the safety or order of the Event,
e) wearing shoes with metal endings,
f) whose external appearance makes it impossible to identify,
g) having plastic or glass containers or cans, etc.,
h) with other dangerous items,
i) who do not have an identity document,
j) not complying with the restrictions related to the risk of infection with the SARS-COV-2 virus and the Organizer's instructions and Information related thereto.
The Security Service is responsible for assessing the items as dangerous.
15. Individuals with an appropriate Ticket or Identifier may enter individual Sectors. The above does not prejudice the Organiser's published reservations about the lack of guarantee of seats on selected days of the Event.

​

IV. ORGANIZATIONAL AND ORGANIZATIONAL RULES BINDING IN THE EVENT VENUE

16. The organizer ensures the safety of people present at the Event and order during the Event, by, among others : 
a) Security services and information services distinguished by elements of clothing;
b) appointing a security manager, managing the Security Services and organizing the work of the Security Services;
c) providing medical assistance and hygienic and sanitary facilities.
17. Participants of the Event and all other persons who are at the Event Venue are obliged to comply with the publicly disclosed rules and restrictions determined by protection against SARS COV 2 infection, orders of the Security Services, including the security manager. Refusal to comply with these instructions may only be due to their inconsistency with generally applicable laws . 
18. The Participants of the Event and all other people who are at the Event Venue are obliged to behave in a way that does not endanger the safety of other people present at the Event, and in particular to comply with the provisions of the Regulations. It is forbidden to destroy signs and information boards, advertising media, devices and equipment located at the Event Venue, etc. Participants are obliged to use sanitary facilities only for their intended purpose.
19. The Participants of the Event and all persons at the Event Venue are required to have a valid Ticket or Identifier. The lack of a Ticket (Identifier) or the possession of a damaged Ticket (Identifier) is an unambiguous basis for removing a participant from the Event Venue. In the event of damage to the ID, the Participant of the Event is obliged to immediately report to the Information Point, where the damaged ID will be replaced with a new one. Damaged IDs on the Event Venue are replaced, not outside of it. Identifiers broken by security services or employees of the Event Organizer are not subject to exchange in accordance with the law.
20. It is forbidden to bring and possess during the Event:
- weapons or other dangerous items,
- explosives,
- pyrotechnic articles,
- fire hazardous materials,
- alcoholic beverages outside designated zones,
- narcotic drugs or psychotropic substances,
- professional cameras, video cameras, audio-video recording equipment.
You can bring amateur digital cameras to the festival area only as an integral part of a mobile phone (smartphone) with a matrix of up to 12 MPix. Given the contractual obligations arising from contracts concluded with artists-performers or entities representing them, it is not allowed to bring photo or video equipment, e.g. 35mm SLRs, digital SLRs, medium and large format cameras, etc. Participants acknowledge that in accordance with the terms of the contracts concluded by the Organizer with Artists or entities representing the Artists, unauthorized use, including the use of recording devices, image and / or sound contrary to the Regulations, is the basis for breaking the concert and charging the Organizer with high contractual penalties. Any penalties incurred by the Organizer for such reasons will be sought by way of recourse from persons who caused the above consequences.
In addition, it is forbidden to bring dogs and other animals to the Event Venue and to conduct any commercial or other gainful activity without the Organizer's authorization, as well as fundraising on the Event Venue.
21. The Organizer, to the extent specified by the Act, executive regulations and terms of contracts linking him with Artists or entities representing the Artists -   is entitled to record the course of both the Event and, in particular, the behavior of persons, using devices recording images and sound. The materials collected during the recording of the Event, which may constitute evidence allowing for the initiation of criminal proceedings or proceedings in cases of offenses, or evidence relevant to pending such proceedings, the Organizer shall immediately forward to the district prosecutor competent for the Event Venue or the Police. The materials collected during the recording of the Event, which do not contain evidence allowing for the initiation of criminal proceedings or proceedings in cases of offenses or evidence relevant to pending such proceedings, are stored after the end of the Event for a period of at least one month, and then are destroyed by a committee.
22. Security Services, with an identifier placed in a visible place, are entitled in accordance with the provisions of the Act to:  
a) checking permission to be at the Event,  
b) identification of persons in order to establish their identity,  
c) viewing the contents of luggage, clothing of persons, in the event of suspicion that these persons are bringing in or possessing the items referred to in point 20 of the Regulations,  
d) determining the rights of people to be at the Event, and in the case of lack of such rights - summoning them to leave the Event;
e) issuing order orders to persons disturbing public order or behaving contrary to the rules of a mass event, and in the event of failure to comply with these orders - calling them to leave the Event;
f) use of physical force in the form of incapacitating holds and similar defense techniques in the event of a threat to the goods entrusted to protection, failure to comply with the command to leave the Event area or repel an attack on a member of the Security Services or another person, on the terms set out in art. 38 of the Act of August 22, 1997 on the protection of persons and property (Journal of Laws No. 114, item 740, as amended),  
g) capture, for the purpose of immediate transfer to the Police, persons posing a direct threat to human life or health, as well as the protected property.
23. Security Services are obliged to remove from the Event Venue people who disrupt public order or behave inconsistently with the Regulations.
24. Members of the Security Services, depending on the potential risk and needs, may be equipped, inter alia, in:
- handheld metal detectors,
- specimens of tickets, IDs and invitations,
- other necessary and legally permitted personal protective equipment.
25. The confirmation of the right of a person to be at the Event is made by a member of the Security Services by:  
- checking if the person has a valid Ticket or ID,
- comparison of the presented document with the specimen.
26. If the contents of the checked luggage or clothing are found to contain items that are forbidden to bring and possess at the Event, a member of the Security Service refuses to admit the person who has been found to have these items, or removes them from the place of the Event.
27. In the event that the contents of the checked luggage or clothing contain weapons or other dangerous items, explosives, pyrotechnics and fire-hazardous materials, as well as narcotic and psychotropic substances, a member of the Security Service takes the person whose luggage or clothing was checked and found these items. upon receipt, he / she draws up a report of this activity, and then hands over this person to the Police together with the items collected.
28. Persons who have been refused entry or stay at the Event, as well as persons removed from the Event Venue in accordance with the Regulations or the Act, are not entitled to a refund for the Ticket or other claims.
29. The organizer determines the division zones of the Event:
- technical and social facilities,
- Sectors (Audience - mass event area, VIP Zone, Gastronomy Zones), _ cc781905-5cde-3194-bb3b-136bad5cf58d_
Main Entry Assemblies,  
- Person control points resulting from the COVID-19 pandemic, including verification and receipt of Statements and non-contact body temperature monitoring. 
- Points of permanent protection by security services.
29a. Food and Beverage Zones - separate and closed gastronomic and commercial zones where drinks and alcohol (beer) are sold - are excluded from the mass event area and may only be consumed in these places.
30. The organizer ensures fire safety by ensuring that:
a) service staff, Security Service and the Organizer must know the location of handheld firefighting equipment and hydrants and the rules of conduct in the event of a fire;
b) Security Services must be trained in: rules of evacuation, methods of alerting the fire brigade, rules of using handheld firefighting equipment, and first aid.
31. During the Event, the Organizer and the Participants of the Event, as well as other people staying on its premises, undertake to comply with the provisions of the Act on Upbringing in Sobriety and Counteracting Alcoholism.

​

V. RIGHTS AND DUTIES OF PARTICIPANTS OF THE EVENT

32. The purchased Ticket is not subject to exchange or return. The Organizer reserves the right to cancel the Event without prior notice. The Organizer will not be obliged to pay any compensation or damages to the Ticket holder apart from the reimbursement of the price printed on the Ticket for the canceled Event.
33. The Organizer reserves the right to change the course of the Event for legitimate reasons, such as cancellation of the artist's arrival, Force Majeure, etc., and also the right to establish and change the program in terms of artistic and timing without prior consultation and compensation.
34. The Participant of the Event or another person staying at the Event Venue may be exposed to continuous presence in the zone of sounds that may cause hearing damage, as well as in the zone of operation of strobe lights. Participants of the Event take part in it at their own risk. Pregnant women and people suffering from epilepsy are particularly at risk.
35. The Organizer also records the course of the Event for the purposes of documentation and promotion or advertising of the Event and events in future years, the Organizer and sponsors. The image of people present at the Event Venue may be recorded and then disseminated for documentation, reporting, advertising and promotional purposes.

​

V. OBLIGATIONS OF THE ORGANIZER AND PARTICIPANTS RELATED TO SECURITY DURING THE SARS-COV-2 VIRUS OUTBREAK.
36. The organizer appoints a Health Coordinator for the tasks related to the maintenance of all established procedures and constant contact with the designated person from the relevant poviat sanitary and epidemiological station . 
37. The organizer provides viewers with no more than half of the number of seats. The rows will be alternated, with one free seat left between the spectators. The obligation to keep one free space between the viewers does not apply to the viewer who:  
a) participates in the show with a child up to the age of 13,
b) is a person with a disability certificate, a person with a disability degree, a person with a special education certificate or a person who, due to his health condition, cannot move independently.
38. The Participant of the Event is obliged to cover his mouth and nose and is obliged to obtain personal protection materials, such as a mask or part of the garment covering the mouth and nose . 
39. The Participant of the Event is required to submit a written Statement or by e-mail before entering the event area that, to the best of his knowledge, he is not an infected person and is not in quarantine or under epidemiological supervision. In the Statement, the Organizer should be provided with contact details, which the organizer is obliged to provide to the Chief Sanitary Inspectorate and security services in the event of an epidemiological threat during the Event. The data collected by the organizer will be stored for 30 days . 
40. In the event area, the organizer will place disinfectants and information boards reminding about the obligation to wear masks and keep distance, among others. 1.5 meters . 
41. Participants are required to keep a distance of 2 meters in the queue for the Event. 
42. In order to limit the time in the queue, Participants may only have kidneys / small bags, it is forbidden to bring bags / backpacks larger than the A4 format. 
43. Participants of the event must disinfect hands at the entrance and exit . 
44. Participants will be admitted to the event area at intervals . 
45. The organizer recommends the use of electronic versions of tickets by participants and non-cash payments on the premises of the event. 
46. The organizer will provide detergents and disinfectants available at the event, incl. in toilets and at the entrances to the event site and exits, taking into account the needs of people with disabilities . 
47. The organizer will provide only contactless paper towel dispensers . 
48. The organizer will place in visible places instructions for washing hands in accordance with GIS recommendations, taking into account the needs of people with disabilities . 
49. The deposit and the cloakroom are excluded from use during the Event. 
50. The organizer will enable the purchase of protective masks on the premises of the event. 

VI. COMPLAINTS

51. Any complaints may be submitted in writing no later than 14 days from the end of the Event to the following correspondence address of the Organizer:
ART THEATER Association, 43-300 Bielsko-Biała, ul. Mostowa 5.
52. The organizer recognizes complaints submitted in accordance with point 36 above within 21 days from the date of their delivery to the Organizer by registered mail. The person submitting the complaint must have a proof of sending a registered letter.
53. The condition for pursuing claims is the exhaustion of the complaint procedure referred to in this chapter of the Regulations.

VII. PENALTY PROVISIONS ARISING FROM THE ACT

54. Anyone who fails to comply with an order issued on the basis of the Act or the Regulations by the Organizer or the Security Service, shall be liable to arrest, restriction of liberty or a fine.
55. Anyone who brings or possesses weapons, other dangerous objects, explosives, pyrotechnic products or fire-hazardous materials at the Event, shall be punishable by detention or restriction of liberty.

VIII. FINAL PROVISIONS

56. All rights to the name and logo of the Event are reserved for the Organizer. Official programs and gadgets related to the Event will be sold only at the Event Venue or at points of sale authorized by the Organizer.
57. The status of the event sponsor is granted only by the Organizer.
58. The organizer is not responsible for the effects of Force Majeure. Force Majeure is an event beyond the control of the Organizer, which makes the performance of obligations impossible or may be considered impossible due to the existing circumstances. Force Majeure is in particular: weather conditions, breakdowns or disruptions in the operation of devices supplying electricity, heat, light, military operations or actions of state or local authorities in the field of policy, laws and regulations affecting the performance of obligations._cc781905-5cde-3194- bb3b-136bad5cf58d_
59. Any use of personal data by the Organizer, and in particular the processing of this data, takes place only on the terms authorized by virtue of and in the scope of protection provided for by the General Regulation on the Protection of Personal Data of 27 April 2016 (hereinafter: GDPR). Information and the Privacy Policy adopted by the Organizer are available at: www.zadymka.pl in the "GDPR" tab.
60. These Regulations are available:
- on the Festival website, i.e. www.zadymka.pl 
- at Ticket sales points;
- at the information points at the Event Venue;
61. Correspondence to the Organizer should be sent to the address indicated in point 36 in writing, by registered mail.
62. Security Services may issue their own safety and fire safety instructions. in accordance with applicable law.
63. In matters not covered by the Regulations, the provisions of the Act shall apply.
64. The Regulations shall enter into force on 17/05/2021 and replace in full the Regulations of 3.11.2018.

​

SIGNED:

______________________
Jerzy Batycki

______________________
Miroslaw Szklarski

______________________
Ewa Czernek-Batycka

______________________
Dagmara Jakubowska

 

 

RESOLUTION
The board
The ART THEATER Association in Bielsko-Biała
of 17 May 2021

The Management Board of the ART THEATER Association in Bielsko-Biała striving to ensure the organizational efficiency of the next edition of the "LOTOS Jazz Festival 23 Bielska Zadymka Jazzowa" Festival, which will be held on June 23-27, 2021, in a new organizational formula, and in particular following the need to ensure as much as possible advanced safety for all persons participating in this Event, including those determined by the COVID-19 threat and maintaining full compliance of the Event with the provisions of the Act of March 20, 2009 on the safety of mass events in the new wording of this Act (Journal of Laws of 2018, item 1870) and executive regulations (irrespective of the application of this Act to the Event) – 

decide:

1.     Accept the text of the Regulations of the Festival “LOTOS JAZZ FESTIVAL  23 Bielska

2.    Publish the content of the Regulations on the Festival website: www.zadymka.pl and in selected printed materials ordered by the Organizer.

3.     Appoint a Health Coordinator for tasks related to the maintenance of all established procedures related to the threat of COVID-19 and constant contact with the designated person with the appropriate poviat sanitary and epidemiological - by Marcin Smolik (mail: smolik @ zadymka.pl) ._ cc781905-5cde-3194-bb3b-136bad5cf58d_

4.     Establish that the Festival Regulations in the wording adopted by the Resolution replaces the existing Regulations adopted by the Resolution of the SST Management Board of 3.11.2018; and comes into force on the date of adopting this Resolution.

SIGNED:

______________________
Jerzy Batycki

______________________
Miroslaw Szklarski

______________________
Ewa Czernek-Batycka

______________________
Dagmara Jakubowska