Terms of Service

1. Acceptance of Terms

Welcome to https://fomofestivals.com (the “Site”), operated by FOMO Entertainment Group (“we,” “us,” or “our”). By accessing or using this Site, purchasing tickets, signing up for communications, or engaging with any of our services, you (“you” or “User”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Site.

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Site following any changes constitutes acceptance of the revised Terms.

2. Description of Services

FOMO Entertainment Group organizes community festivals and entertainment events in South Florida, including but not limited to the South Florida Strawberry Festival, South Florida Watermelon Festival, and related activities. Through the Site, we provide:

•       Event information, schedules, and promotional content

•       Ticket purchasing and event registration

•       Email and SMS/text message communications for event updates, promotions, and alerts

•       Inflatable rental services through FOMO Bounce

•       Contact forms for event inquiries and vendor applications

3. Eligibility

You must be at least 18 years of age to use this Site, make purchases, or consent to receiving communications. By using the Site, you represent and warrant that you meet this age requirement. Minors may attend events under the supervision of a parent or legal guardian.

4. SMS/Text Messaging Terms

IMPORTANT: By providing your phone number and opting in, you consent to receive marketing and informational text messages from FOMO Entertainment Group.

4.1 Consent and Opt-In

By entering your phone number on our website and checking the consent box or submitting the sign-up form, you expressly consent to receive recurring automated marketing and informational text messages from FOMO Entertainment Group. These messages may include updates, promotions, festival alerts, ticket announcements, and event reminders. Consent is not a condition of purchase.

4.2 Message Frequency

Message frequency varies. You may receive up to 10 messages per month, with increased frequency around event dates. Message and data rates may apply. Your mobile carrier’s standard messaging rates will apply to all text messages.

4.3 Opt-Out Instructions

You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. You may also text STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT to discontinue messages. Upon receipt of your opt-out request, you will receive one final confirmation message, and no further messages will be sent unless you re-subscribe.

4.4 Help and Support

For help or questions about our text messaging program, reply HELP to any message or contact us at the information provided in Section 14 of these Terms.

4.5 No Sharing of Mobile Data

We will not sell, rent, or share your mobile phone number or any information collected through our text messaging program with third parties or affiliates for their own marketing or promotional purposes. Your mobile information will only be used by FOMO Entertainment Group for the purposes described in these Terms and our Privacy Policy.

4.6 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your mobile carrier. T-Mobile is not liable for delayed or undelivered messages.

4.7 Supported Carriers

Our text messaging services are available on most major U.S. carriers, including but not limited to AT&T, Verizon, T-Mobile, and Sprint. Carrier support is subject to change without notice.

5. Ticket Purchases and Refund Policy

All ticket sales are final unless an event is canceled by FOMO Entertainment Group. In the event of a cancellation, ticket holders will be offered a refund or credit at our discretion. We are not responsible for tickets purchased through unauthorized third-party resellers. Rain dates or schedule changes do not automatically qualify for refunds.

6. Event Conduct and Assumption of Risk

By attending any FOMO Entertainment Group event, you acknowledge and assume all risks associated with attendance, including but not limited to risks related to carnival rides, inflatable attractions, food consumption, weather conditions, and interactions with animals. You agree to abide by all posted event rules and the instructions of event staff.

We reserve the right to refuse entry or remove any individual from an event without refund for conduct that is disruptive, dangerous, illegal, or in violation of event policies.

7. Intellectual Property

All content on the Site, including text, graphics, logos, images, event names, and branding, is the property of FOMO Entertainment Group or its licensors and is protected by U.S. copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.

8. User-Submitted Content

By submitting any content through the Site (including contact forms, emails, or social media interactions), you grant FOMO Entertainment Group a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content for business and promotional purposes.

9. Privacy and Data Collection

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site or opting in to communications, you consent to the data practices described in our Privacy Policy.

We collect the following categories of information:

•       Email addresses and phone numbers provided through sign-up forms

•       Names and messages submitted through contact forms

•       Festival inquiry preferences

•       Device and browser information collected automatically

•       Cookies and analytics data for Site performance

Your mobile information will not be shared with or sold to third parties or lead generators for marketing or promotional purposes.

10. Prohibited Uses

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, or impair the Site. Prohibited activities include:

•       Attempting to gain unauthorized access to the Site or its servers

•       Using automated tools, bots, or scrapers to access Site content

•       Submitting false or misleading information

•       Reselling tickets in violation of our policies

•       Harassing, threatening, or defaming other users or staff

•       Transmitting malware, viruses, or harmful code

11. Third-Party Links and Services

The Site may contain links to third-party websites or services, including ticketing platforms, payment processors, and social media pages. We are not responsible for the content, privacy practices, or terms of any third-party sites. Your use of third-party services is at your own risk and subject to their respective terms.

12. Disclaimer of Warranties

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOMO ENTERTAINMENT GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, ATTENDANCE AT EVENTS, OR PARTICIPATION IN ANY ACTIVITIES, REGARDLESS OF THE THEORY OF LIABILITY.

Our total liability for any claim arising from your use of the Site or our services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

14. Contact Information

If you have any questions about these Terms of Service, our text messaging program, or any other matter, please contact us:

FOMO Entertainment Group

Website: fomofestivals.com

Email: Info@Fomofestivals.com

Phone: (561) 728-1660

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Palm Beach County, Florida.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FOMO Entertainment Group regarding your use of the Site and supersede all prior agreements and understandings.