General conditions for access to all ESN Groningen activities
Article 1. Applicability
1.1 These conditions are applicable to being granted access to events, activities and manifestations that are organised by ESN Groningen and that are open or accessible to students that are in possession of an ESNcard and registered as an ESNcardholder.
1.2 ESNcardholders, general participants, Introduction week participants (and Introduction Guides) are obligated to comply with the ESN Groningen Code of Conduct.
1.3 In these conditions, ESN Groningen consists of the members of the Supervisory General Board and/or the Executive Board of ESN Groningen and members that are authorised by ESN Groningen.
1.4 In these conditions, an ESNcardholder is a(n) (aspiring) student following a course at the University of Groningen, the Hanze University of Applied Sciences Groningen, the AVAG, HBO Nederland, MBO Nederland and the Stenden University of Applied Sciences Groningen and who has signed up to be an ESNcardholder.
1.4 In these conditions, an event is every activity or manifestation that is organised by ESN Groningen for ESNcardholders and that is accessible to ESNcardholders.
Article 2. Access
2.1 E-tickets or other entry tickets will not be taken back after they have been sold.
2.2 The claim to be allowed to an event will be cancelled when ESN Groningen determines that the maximum number of participants has been reached during an event.
2.3 The wristband that is distributed by ESN Groningen during the Introduction Weeks of September and February will remain the property of ESN Groningen. The holdership of the wristband is strictly personal. The holder of the wristband is not permitted to give the wristband to another person. A wristband that is no longer in one piece or not worn around the participants wrist is no longer valid. An ESNcardholder or an ESN Introduction Guide participating in one of the aforementioned Introduction Weeks can obtain a new wristband upon showing the broken one to the members of the Executive Board.
2.4 An ESN Introduction Weekparticipant or an Introduction Guide is obligated to show the wristband if this is requested by ESN Groningen or by security guards at an event.
Article 3. Remaining Obligations
3.1 It is forbidden for ESNcardholders (and Introduction Guides) to bring glass, tin, fireworks, (fire) weapons, dangerous objects, drugs, and/or alcoholic drinks to an event.
3.2 ESNcardholders (and Introduction Guides) are obligated to obey the directions and/or regulations expressed by ESN Groningen, the exploiter of an event, the security guards, the firemen or any other authority. Should an ESNcardholder (or Introduction Guide) not comply with these directions and/or regulations, or should they be guilty of endangerment, intoxication, use of drugs and/or legal highs, harassment, threatening and/or violence, they can be removed or refused entry to the event.
3.3 ESNcardholders (and Introduction Guides) are obligated to participate in a body search by security guards.
3.4 ESNcardholders (and Introduction Guides) are obligated to obey the smoking bans during events.
3.5 ESNcardholders (and Introduction Guides) are obligated to identify themselves if requested by persons and instances who are required to follow up on the lawful regulations during an event. Among these regulations is the prohibition of buying, selling or giving alcoholic drinks to people who are underage as set out by the Dutch Government (legal drinking age 18 years old)
3.6 It is prohibited for all ESNcardholders (and Introduction Guides) younger than eighteen years to buy and/or drink any alcoholic drinks.
3.7 It is prohibited for ESNcardholders (and Introduction Guides) to perform any promotional activities of any sort without explicit consent from ESN Groningen.
Article 4. Circumstances beyond control
ESN Groningen reserves the right to reschedule an event to a later date or to cancel it in the case of any circumstances beyond the control of the ESN Groningen in the broadest sense of the term. This includes a mourning period, conditions which comprise of but is not limited to appointments not being kept by suppliers, strikes, fire, weather conditions, and instructions by authorised instances or persons. No compensation of any amount will be given in such a case. Neither can a party apply for (substitution) access to another event.
Article 5. Liability and Damage
5.1 The ESNcardholder (or Introduction Guide) will be held liable for all the damage under any circumstance for the occasion. This also concerns the build-up or break-down of an event, caused by the ESNcardholder (or Introduction Guide) to other visitors of the event, to employees, to possessions of ESN Groningen, or of third parties hired by ESN Groningen, to the location or any accessory of the locations of the event, or to anything else that is in the location of the event. The ESNcardholder (and the Introduction Guide) will reimburse ESN Groningen for any claims from third parties concerning the damage that was caused by an ESNcard holder (or Introduction Guide).
5.2 Participation in an ESN event, regardless of the role of the participant or volunteer, happens at their own risk. ESN Groningen is not liable for any physical harm, general or financial damages to participants or volunteers as a result of participating in an ESN event unless the damage is a direct result of intentional or conscious reckless actions of ESN Groningen. This also includes consequential damages, lost profits, missed savings, theft, damage to or loss of property; and damages as a result of mechanical failure, natural disasters, border crossings, revolutions, terrorism, acts of war, strike or quarantine.
5.3 ESN Groningen is not liable for any physical or financial damages of the ESNcardholder or a third party caused by participating in an ESN Groningen event, also including consequential damages, lost profits, missed savings, theft, damage to or loss of property; and damages as a result of mechanical failure, natural disasters, border crossings, revolutions, terrorism, acts of war, strike or quarantine.
5.4 ESNcardholders (and Introduction Guides) are responsible for the adequate accident- and liability insurance.
5.5 ESN Groningen is never liable for indirect or consequential damage (including immaterial damage and business damage) unless this is a direct result of intentional or conscious reckless actions of ESN Groningen.
5.6 Introduction Guides and ESN Crew members exempt ESN Groningen from liability for damage of third parties as a result of an act or omission by the Introduction Guides or ESN Crew members.
5.7 ESN Groningen is never liable if an ESNcardholder, participant, Introduction Guide or Crew Member violates measures of the Dutch Government and ESN Groningen regarding COVID-19. This applies to all ESN related activities unless the violation is due to intent or gross negligence of ESN Groningen.
Article 6. Intellectual Property and Copyrights
6.1 ESN Groningen is permitted to take photos and/or videos of an event for the purpose of promoting an event. Upon entering an event’s location, the ESNcardholder and any other volunteers in service of ESN Groningen give permission to publish these promotional images.
6.2 ESN Groningen holds the copyright to photos, videos and/or movies of an event that are published. These photos, videos and/or movies are marked with an ESN AISBL approved watermark and cannot be altered by third parties without the approval of ESN Groningen.
6.3 ESN Groningen holds the right to remove photos and/or movies of an event that are published. Photos and/or movies of an event will only be placed after careful examination. A person depicted in the photos and/or movies can request the removal of said published material.
6.4 Apart from written approval, commercial use of the name or logo of ESN Groningen or its events is strictly prohibited.
Article 7. Refunds
7.1 In no event shall ESN Groningen be obligated to refund any amounts paid by the ESNcardholder, except for when the event for which the payment has been made is cancelled by ESN Groningen. In the case of circumstances beyond ESN Groningen control or force majeur e.g. COVID-19, ESN is not obligated to refund any amounts paid by ESNcardholders.
Article 8. Final Provisions
8.1 Every conflict with regards to these Terms and Conditions will be settled by a competent judge in the jurisdiction Noord Nederland using the Dutch legislation, and not before all parties involved have made every reasonable effort to settle the dispute in mutual consultations.
Determined by the Executive Board of the Stichting ESN Groningen on the 15th of December 2021.