34. ULICA Festival – Terms & conditions

TERMS & CONDITIONS of the 34. ULICA Festival
9-11 July & 4-5 September 2021

§ 1.

34. ULICA Festival – hereinafter referred to as the “Festival” – is a cultural and artistic event organized by the KTO Theatre with its registered office in Krakow, which is a municipal cultural institution with legal personality, for which the Municipality of Krakow is the organizer – hereinafter referred to as the “Theatre” or the “Organizer”.
The Festival takes place from the 9^th to the 11^th of July and from the 4^th to the 5^th of September 2020 in the zone of the Main Market Square (Rynek Główny), Podgórski Square (Rynek Podgórski), in Kraków (hereinafter referred to as the “Festival area”), as a family cultural and artistic event, with the scope including the presentation of theatre performances.
The Organiser defines the terms and conditions of participation in the Festival in these Regulations, hereinafter referred to as the “Regulations”. The Regulations are available on the Organiser’s website – http://www.teatrkto.pl/ and at the Information Point in the area where the Festival takes place.
The Festival is not a mass event within the meaning of the provisions of the Act of 20 March 2009 on the mass events security (Journal of Laws of 2015, item 2139, as amended).

§ 2.

The Festival participant (spectator) is every person who stays in a designated audience zone as a spectator of theatrical performances presented during the Festival.
Participation in the Festival can take place only in a designated audience zone.
Each Festival Participant is required to read these Regulations before entering the designated audience zone and to observe the procedures and rules of conduct contained therein, as well as to comply with the guidelines of the Security Service.
The designated audience zone is only accessible to persons who:
(a) are not infected with the SARS-COV-2 coronovirus, and
(b) are not in quarantine, and
(c) are not under epidemiological surveillance.
Each person entering the designated audience zone shall be obliged to submit a declaration to the Security Service as to the circumstances referred to in section 4 above. The Organiser has the right to refuse entry to the designated audience zone to a person who has not submitted a relevant declaration.
It is recommended that the Festival Participants provide their contact details (phone number or email address) to facilitate the health services’ epidemiological investigation in case an infected person is found to have participated in the Festival. In the case of confirmation of a SARS-CoV-2 coronavirus infection in a spectator, persons belonging to the Security Service, the Theatre provides a list of persons who participated in the Festival and a list of persons involved in the event to the employees of the local District Sanitary and Epidemiological Station.
In the designated audience zone the Participants (spectators) are obliged to occupy specially prepared places for spectators. These places have been designated with a social distancing and have been disinfected.
The number of places in the zone is subject to limitation, according to current guidelines and the recommendations of the Ministry of Culture and National Heritage, Ministry of Development, Chief Sanitary Inspector. The organizer has the right to refuse the admission to the designated audience zone, if the limit of occupied seats in the zone has been reached.
Entry into the designated audience zone takes place in the order of arrival, subject to the priority of people with special needs such as the elderly, pregnant women, people with disabilities.
The spectators are allowed into the designated audience zone not earlier than 60 minutes before the scheduled time of the performance. Spectators awaiting entry are obliged to keep a distance of at least 2 meters from each other.
Each Festival Participant (spectator) is obliged to:
a) have personal protective equipment (mask, visor or other means of protecting the mouth and nose area) and use them by covering their mouth and nose area throughout their stay in the designated audience zone,
b) keep a distance of at least 2 metres from other persons,
c) use hand disinfectant before each entry into the designated audience zone,
d) dispose of personal protective equipment only in containers designated and marked for that purpose,
e) comply with the provisions of these Regulations and follow the graphic, voice and Security Service recommendations for the proper organization of the Festival in order to ensure safety and health protection resulting from the Regulations.
Failure to comply with any of the obligations described in section 11 shall result in the Participant (spectator) being asked to comply with a given obligation; and in the case of further refusal – the Participant (spectator) will be asked to leave the designated audience zone.
The Organiser has the right to refuse entry to the designated audience zone to a person who does not have personal protective equipment until this person complies with this obligation unless such person is exempt from the obligation under the law.
After the end of each performance, the Participants (spectators) shall leave the designated audience zone in stages, following the instructions from the Security Service and observing the rules of social distancing.

§ 3.

The Festival is secured by security services – referred to as the “Security Service” – which are subordinate to the Organiser and the Organiser’s Director.
The Security Service shall be composed of the following members:
– External Security Agency,
– Persons delegated by the Organiser to run the Festival.
The communication between the Security Service and the Festival Director and the Organizer takes place by telephone.

§ 4.

All theatrical performances presented during the Festival are presented free of charge, i.e. without any fees from the audience.

§ 5.

The Security Service is entitled to:
a) ensure that the spectators do not disturb the order in the area of theatre performances, pointing out to the spectators the appropriate zones,
b) screening of the contents of baggage and brought in items where there is a suspicion that these persons intend to bring in dangerous items such as: weapons, unmanned aerial vehicles (UAV), balloons filled with gases lighter than air, explosives, pyrotechnics, flammable materials, alcoholic beverages, lasers, narcotic drugs or psychotropic substances,
c) give orders to persons disturbing public order or behaving contrary to the Regulations, including persons intoxicated, aggressive and attempting to bring in dangerous objects; and in case of failure to comply with these orders – to order them to leave the Festival area,
d) capture, for the purpose of immediate transfer to the Police, persons posing an immediate danger to human life or health and protected property, as well as persons committing prohibited acts.
Apply means of direct coercion, i.e.: physical force in the form of transport and defence techniques, handcuffs put on hands held behind and hand-held throwers of incapacitating substances (referred to in art. 12 section 1 item 1 letter a) and b), item 2 letter a) and item 12 letter a) of the Act of 24 May 2013 on Direct Coercive Measures and Firearms (Journal of Laws of 2017, item 1120 as amended) may be used when necessary to undertake at least one of the following actions:
a) to enforce the behaviour required by law in accordance with an order issued by the authorised person;
b) to repulse a direct, unlawful attack on the life, health or freedom of the authorised person or another person.
The Organiser shall refuse access to the designated audience zone to persons under the visible influence of alcohol, narcotic drugs, psychotropic substances or other similar agents, possessing weapons or other persons who are dangerous, aggressive or posing a threat to public safety or order.

§ 6.

During the presentation of the performances, the zone of the performances and the designated audience zone will be fenced and guarded by the Security Service.

§ 7.

1. There will be information points in the Festival area.
The information point is obliged to inform about possible threats to the security of public order during the Festival and the organization of the Festival, in particular about the following:
a) the location of the venues for the presentation of performances and designated audience zones,
b) the location of exhibitions.

§ 8.

The Organizer reserves the right to take all permitted measures to maintain public order, protect persons and property during the Festival.
The Organizer, through the Presenter, provides the audience gathered in the event zone with all information, orders and warnings related to the Festival and the safety of its participants. The messages should be repeated at short intervals depending on their significance.
In the event of a fire or other local danger, each person is obliged to:
a) notify the persons in the venue, the Security Service, the nearest Fire Brigade or Police unit about the event, informing about the place of the event, the type of threat (fire or other hazards) and whether it poses a risk to human life,
b) avoid panic and follow the instructions of the Security Service,
c) head for emergency exits and do not obstruct the access of rescue services; in the case of owners of commercial, gastronomic and entertainment facilities, to lead everyone out of the affected zone,
d) shutting off the electrical supply, removing all combustible materials, in particular compressed gas cylinders,
e) use the hand-operated fire-fighting equipment in the facility and, in the event of any other threat, protect the zone from access by outsiders until the arrival of the Fire Brigade.
In case of fire or other local danger, the Organizer will provide information, through the Presenter, about the direction of evacuation and a call on the Festival Participants to remain calm, and the Security Service will lead all persons out of the zone and start an extinguishing or rescue operation.

§ 9.

The Participants of the Festival in its duration are not allowed to:
a) conduct any commercial, political or trade union activities or conduct fundraising without the written consent of the Organiser;
b) bring and distribute on in the Festival area any marketing or advertising materials, unless they obtain the written consent of the Organiser;
c) consume alcohol;
d) use narcotic drugs or psychotropic substances;
e) ignite and fuel fire and smoke tobacco products outside the places designated for this purpose;
f) littering the Festival area, as well as destroying the infrastructure of the venues of the performances and using them in a manner inconsistent with their intended use.
The Organiser is not responsible for items left or lost in the Festival area.
The Organiser is not responsible for persons watching the performances who are not in the designated audience zone at that time – these persons are not Festival Participants. In particular, they are not responsible for compliance with sanitary standards and rules and unauthorized gathering of these persons.

§ 10.

Participation in the Festival is tantamount to the Organiser’s consent for free photography, filming or other recording of theatrical performances for private (non-commercial) purposes.
The Festival and the images of persons participating in the presentation of the performances may be transmitted and disseminated only with the Organiser’s consent.
The Organiser is entitled to record the Festival, and in particular the behaviour of its Participants (spectators), by means of devices recording image and sound. The materials collected during the recording of the Festival may constitute evidence to initiate criminal proceedings or minor offence proceedings, or evidence that may be relevant to such proceedings.
The Organiser may also record the Festival, including persons participating in the Festival, in order to document, archive and disseminate information about artistic activities undertaken by the Organiser. These data in the form of the image of the spectators may be made public on the Organiser’s website and profiles in social media and online video services (such as youtube). The Organiser may use such a recording or a part of it, including the one presenting the image of a spectator or another person staying in the designated audience zone, without any time or territorial limitations, without the need to pay remuneration for using the image, in all fields of exploitation.
Entering the Festival area constitutes a consent from the spectator to use their image for the purposes indicated in section 3 and section 4, including making their image public and processing it in photographs or films taken during the event.

§ 11.

The scope of the Festival, including the presentation of the performances, may be limited by the Organiser as a result of reasons beyond its control (including unfavourable weather conditions that make a dynamic show impossible), due to the safety of participants and audience or the justified interest of the Organiser. Limiting the scope of the Festival is not tantamount to cancelling the Festival.
The Organizer is not responsible for damages suffered by persons staying in the Festival area resulting from or related to non-compliance with these Regulations, as well as for damages caused by third parties not being part of the Security Service, or resulting from other causes.
The Organizer accepts all comments in matters related to participation in the Festival from Monday to Friday between 9:00 a.m. and 4:00 p.m. and on the days of the Festival between 9:00 a.m. and 5:00 p.m. (i.e. Friday-Sunday, 4-6.08.2020) at the registered office of the KTO Theatre in Krakow, after prior notification, or through the Security Service operating at the time and place of the Festival.
The guardians are responsible for minors and those without full legal capacity.

§ 12.

The administrator of personal data of the Festival Participants is KTO Theatre with its registered office in Krakow, ul. Krowoderska 74, 31-158 Krakow, tel.: 12 623 73 00, e-mail: sekretariat@teatrkto.pl.
The Administrator has appointed a Data Protection Officer (DPO), who answers questions regarding the processing of personal data. The DPO can be contacted by e-mail: iodo@teatrkto.pl.
The KTO Theatre will process personal data of the Festival Participants:
a) in the scope of health in order to assess the epidemiological risk in the Theatre, in connection with with the current state of the SARS-COV-2 epidemic, and as a consequence to ensure the safety of participants in events organized by the Theatre and introduce additional safety rules at the event area. It is obligatory for Festival Participants to provide information on their health condition, as it results directly from the provisions of the Guidelines for organizers of cultural and entertainment events during the SARS-CoV-2 virus epidemic in Poland, prepared by the Ministry of Culture and National Heritage, the Ministry of Development and the Chief Sanitary Inspector.
b) in the scope of contact details, in order to facilitate the sanitary services’ epidemiological investigation in case of detecting that an infected person participated in a given event. The provision of these data is voluntary.
c) in the scope of the recorded image, as an element of the audience, during the artistic event, in the form of photo or film for the purpose of ensuring the safety of persons and property of persons participating in the event, as well as for the purpose of documenting, archiving and disseminating information about artistic activities undertaken by the Organiser. These data in the form of an image will be made public on the Organiser’s website and profiles in social media and online video services (such as youtube). The data shall be collected on the basis of the consent granted by the person by entering the designated audience zone during the event and accepting the provisions of the Regulations. Providing these data is voluntary, however it is necessary for participation in an artistic event.
The legal basis for the processing of personal data of the Festival Participants:
a) regarding the health condition – Guidelines for organizers of cultural and entertainment events during the SARS-CoV-2 virus epidemic in Poland, developed by the Ministry of Culture and National Heritage, the Ministry of Development and the Chief Sanitary Inspector. The personal data will be processed on the basis of Article 9(2)(i) of the GDPR – this is necessary due to a significant public interest in the scope of public health,
b) regarding the contact details–a consent given pursuant to Article 6(1)(a) of the GDPR,
c) regarding the image –a consent given pursuant to Article 6(1)(a) of the GDPR.
The recipients of personal data of the Festival Participants may be persons who has been authorized by the Data Administrator to process personal data; entities authorized under the law; entities with whom contracts of personal data processing have been concluded and the relevant District Sanitary Inspector.
Personal data regarding health condition and contact details will be processed for the period necessary to achieve the purpose for which they were collected, but not longer than 14 days. Personal data regarding the image will be processed by the Organiser until the cancellation of consent or demand to cease processing. Withdrawal of consent shall not affect the lawfulness of the processing, which was carried out on the basis of consent before its withdrawal.
Since we process personal data, Festival Participants are entitled to:
a) access to the content of their personal data,
b) rectifications if they are incorrect; completions if they are incomplete,
c) restrictions on data processing (subject to the cases referred to in Article 18, section 2 of the GDPR), e.g. if the personal data are inaccurate, for a period of time allowing to check the accuracy of the data,
d) deletion their personal data (subject to the cases referred to in Article 17, section 3 letter b), d), e) of the GDPR),
e) the withdrawal of consent at any time without affecting the lawfulness of processing carried out on the basis of consent prior to the withdrawal of consent (concerns data to which consent has been given),
f) file a complaint with the President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw.
The processing of personal data of the Festival Participants shall not be used for automated decision making, including profiling.

§ 13.

These Regulations shall enter into force on 01.09.2020.
In the event of any changes in the provisions of law or recommendations or guidelines from the Ministry of Culture and National Heritage, the Ministry of Development, the Chief Sanitary Inspector or the relevant District Sanitary Inspector, these Regulations may be changed or supplemented, and the Festival Participants (spectators) are obliged to comply with the updated Regulations.