Effective 11.01.23
ROLLING LOUD TICKETING TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT, WHICH IS A LEGALLY BINDING DOCUMENT, INCLUDES, AMONG ITS OTHER TERMS, RESTRICTIONS, LIMITATIONS AND CONDITIONS (INCLUDING LIMITATIONS ON LIABILITY), ASSUMPTIONS OF RISK, A NO REFUND POLICY (AND OTHER RELATED RESTRICTIONS), ARBITRATION MANDATES RELATIVE TO DISPUTE RESOLUTION AND WAIVERS OF IMPORTANT LEGAL RIGHTS.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS, MANDATES AND/OR OTHER CONDITIONS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR IF YOU DO NOT AGREE TO ASSUME, THE RISK(S) TO YOU AS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE A TICKET, DO NO UTILIZE THE SERVICES BEING OFFERED BY US, DO ENTER OR ATTEND THE EVENT(S) OR VENUE AND/OR DO ENTER INTO OR ASSENT TO THE TERMS OF THIS AGREEMENT.
1. Definitions. For the purpose of this Agreement, the following definitions shall apply:
A. “Bearer” shall refer to the actual Event attendee and person in possession, utilizing and/or presenting a valid Ticket (including e-tickets) at any point of entry, check-in and/or at entrance gates for entry into any aspect of the Event or Venue.
B. Event” shall mean that certain Rolling Loud California 2024 festival in Inglewood and any rescheduled portions thereof (if, and to the extent applicable).
C. “Event Organizer” shall refer to Rolling Loud, LLC, a Delaware limited liability company with registered offices located at 7814 NE 4th Court, Miami, Florida 33138 and shall include its successors and assigns.
D. “Purchaser” shall refer to the person who purchased a valid Ticket for the Event.
E. “Venue” shall refer to either Hollywood Park or such other venue as determined by Event Organizer.
2. Ticket; General. By purchasing a valid ticket (“Ticket(s)”) or by presenting a valid Ticket for entry to the Event, Purchaser and/or Bearer each respectively agree that such Ticket purchase or presentation for entry into the Event constitutes a revocable license agreement with Event Organizer relative to the Event (the “License” or “Agreement”) and the terms of such License are set forth in this Section and throughout these Terms. The Event Organizer reserves all rights not expressly granted to Purchaser and/or Bearer hereunder. The terms and restrictions noted on Event Organizer’s its Privacy Policy and Terms of Use are also included herein by reference.
3. Additional Terms and Conditions (Front Gate Tickets). Purchaser and Bearer each acknowledge and agree that Front Gate Tickets is a third-party that processes and administers the sale of tickets and Front Gate Tickets does so, subject to additional or supplemental terms and conditions and such additional or supplemental terms and conditions can be reviewed here: https://frontgatetickets.com/terms-of-use. Please read these additional or supplemental terms and conditions from Front Gate Tickets carefully and in their entirety as such additional or supplemental terms and conditions are legally binding and may include additional restrictions, limitations, conditions and/or waivers that may affect important legal rights that you have and/or which may result in additional costs to you. By proceeding to either purchase Tickets, RSVP and/or enter the Venue to which these provisions relate, you acknowledge and agree that the Front Gate Tickets additional and supplemental terms are separate, distinct and are in addition to (not in lieu of) any of the terms set forth in this Agreement and by proceeding, you may further be giving up important legal rights. If you do not agree with any of the additional or supplemental terms, waivers, limitations, restrictions and/or other conditions set forth in the additional or supplemental terms and conditions from Front Gate Tickets, do not purchase a Ticket and/or do not register for, or attend the Event or other product offerings and do not utilize the products or services being offered either under this Agreement or under the Front Gate Tickets additional and supplemental terms. Notwithstanding the potential application of any additional or supplemental terms and conditions relating to Front Gate Tickets, you nonetheless intend to remain fully bound by, and agree to fully comply with, the refund terms contained in this Agreement. In the event of a conflict between any of the Front Gate Tickets additional or supplemental terms and conditions and the terms of this Agreement relative to issues of dispute resolution or arbitration, this the terms in Front Gate Tickets additional or supplemental terms and conditions shall control.
4. Cancellations. At all times prior to the Event, Event Organizer reserves the right to change the Venue, to cancel all or any portion of the Event and/or to adjust artist lineups and set times without prior notice to Purchaser or Bearer. ALL TICKETS FOR THE EVENT ARE NOT SUBJECT TO ANY REFUNDS, CHARGEBACKS, CREDITS, REBATES OR PRICE ADJUSTMENTS OF ANY KIND.
5. No Special Damages; Attorneys’ Fees. In the event of any dispute, in whatever forum, between or among Purchaser, Bearer and Event Organizer, (1) Purchaser and Bearer acknowledge and agree that neither Purchaser or Bearer shall be entitled to apply for or recover special, punitive, consequential or special damages of any kind, including attorney’s fees and costs (at trial and appellate levels), filing fees, hotel expenses, air travel expenses, etc. and (2) the parties further agree that each shall bear 100% of their respective costs, expert fees, attorneys’ fees and other fees incurred in connection with this Agreement notwithstanding any law to the contrary entitling any Purchaser or Bearer to recover fees and costs from Event Organizer. To the extent that an action is nonetheless brought by a third party on behalf of Purchaser or Bearer in contravention of the terms or spirit of this Agreement, Purchaser and Bearer hereby expressly waive any claim to any form of monetary damages or other damages, or any other form of recovery or relief in connection with any such third party action.
6. LEGAL NOTICE. ALL TICKET SALES ARE FINAL. THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN THIS AGREEMENT. IF PURCHASER OR BEARER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE A TICKET, ENTER THE SITE AND/OR ENTER OR ATTEND THE EVENT. IN THE EVENT OF A DISPUTE BETWEEN THE PARTIES, PURCHASER AGREES NOT TO RAISE ANY CLAIMS OR DEFENSES, INCLUDING ON GROUNDS THAT THE REFUND PROVISIONS SET FORTH IN THIS SECTION ARE EITHER UNCONSCIONABLE, ILLUSORY OR UNENFORCEABLE BECAUSE THE PARTIES LACKED EQUAL BARGAINING POWER OR OTHERWISE AND PURCHASER AGREES NOT TO FILE ANY LEGAL PAPERS OR UNDERTAKE ANY ACTIONS THAT ARE CONTRARY OR INCONSISTENT WITH THE TERMS OR SPIRIT OF THIS SECTION AND/OR WHICH MAY PREVENT EVENT ORGANIZER FROM RECEIVING THE FULL BENEFITS AND PROTECTIONS CONTEMPLATED BY THE PARTIES UNDER THIS SECTION.
5. Chargebacks.
a. Tickets Non-Refundable; No Chargebacks. BY ACKNOWLEDGING AND AGREEING THAT THE TICKETS BEING PURCHASED HEREUNDER ARE ENTIRELY NON-REFUNDABLE, PURCHASER, WITH THE INTENTION OF BEING FULLY BOUND BY THESE TERMS, AGREES NOT TO INITIATE A CHARGEBACK or undertake any similar action(s) that operates, in any way, to dispute, cancel or reverse any portion of a prior and validly purchased Ticket transaction(s) if such action is in contravention of either the terms, conditions or spirit of this Agreement or if the basis for such action relates to an Event being delayed, cancelled, rescheduled (whether in whole or in part) and/or for any reason, including reasons relating to a force majeure, artist cancellation, governmental action, unforeseen events, inclement weather, production issues, or otherwise (“Chargeback”). Purchaser acknowledges and agrees that by entering into this Agreement, Purchaser is voluntarily and knowingly agreeing to give up certain of Purchaser’s legal rights relating to Purchaser’s entitlement to Chargebacks or to Chargeback protections. The foregoing shall apply even if Purchaser’s Chargeback protection periods have not expired and/or even if Purchaser has other legal rights available to Purchaser respecting Chargebacks.
c. Potential Risk. By entering into this Agreement, Purchaser knowingly and voluntarily assumes the risk of not being able to recover, reverse or recoup the Ticket charges based on an Event being delayed, cancelled, rescheduled (whether in whole or in part) and/or for any reason, including reasons relating to force majeure, governmental action, unforeseen events, inclement weather, production issues, or otherwise.
d. Performance; No Penalty. Purchaser and Bearer each also acknowledge and agree that the restrictions specified herein shall not be deemed to constitute a penalty or any other action contrary to public policy but instead are only intended to cause or induce Purchaser and Bearer to fully and strictly comply with the terms and conditions of this Agreement.
e. Material Breach. Purchaser and Bearer each acknowledge and agree that any violation of this provision by Purchaser or Bearer shall constitute a material breach of this Agreement entitling Event Organizer to the damages set forth in this Agreement.
f. LEGAL NOTICE. BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
7. Assumption of Risk; Mitigation.
a. Lost, Stolen or Destroyed Tickets. Event Organizer assumes no legal, financial, or other liability whatsoever for any lost, stolen or destroyed Tickets. Upon delivery of Purchaser and/or Bearer’s Tickets, Event Organizer shall have no further responsibility or legal liability relating thereto. BEARER ASSUMES 100% RISK OF LOSS RELATING TO EVENT PASSES. If Bearer and/or Purchaser obtain Event passes or Ticketing product(s) from any unauthorized source(s), Bearer and/or Purchaser assumes all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit, and in all cases, SUCH TICKET(S) OR PASSES SHALL BE VOID AND DISHONORED. The unlawful or unauthorized resale or attempted resale of Tickets is GROUNDS FOR FORFEITURE of such Tickets and revocation of Bearer’s License WITHOUT COMPENSATION to Bearer and/or Purchaser. This Ticket may not be used by Purchaser or Bearer for advertising, promotion (including, but not limited to, contests, sweepstakes, games and/or any other promotions), or other trade purposes without the express written consent of Event Organizer. Event Organizer also reserves the right to investigate orders suspected to be in violation of this Agreement and shall be the sole and final arbiter regarding violations or potential violations of this Agreement.
b. Purchase of Tickets; Loss or Damage to Personal Property; Personal Injury. Bearer hereby assumes any and all risks, whether or not expressly set forth in this Agreement, as well as any risks or dangers incidental to, or in any way relating to, the Event, the purchase of Tickets hereunder or use of our webpage and products, including those arising from, or relating to, the acts or omissions of third parties (including the Releasees artists, Event attendees, Venue owners, operators, staff, employees or agents; or Event Organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Bearer’s personal property and risks of personal injury. Event Organizer and its respective Releasees (as defined below), designees, successors or assigns shall not be held responsible, legally, financially or otherwise, (i) for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or at Venue access/entry points, or (ii) for personal injuries sustained by Bearer arising from, or relating to, the following non-exhaustive list: extremely loud sounds and special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights and fireworks, the actions of performers or others at the Event, whether such injuries or manifestation of such injuries occur during or subsequent to the Event. Bearer and Purchaser further acknowledge and agree that Event Organizer shall have no duty to mitigate any Bearer’s or Purchaser’s potential or actual losses sustained hereunder.
8. Disputes; Arbitration. Bearer and Purchaser acknowledge and agree that any disputes arising from or relating to Purchaser’s purchase of Tickets hereunder or any relationship or dispute between Bearer and Event Organizer, Purchaser and Event Organizer, Bearer and any company or person employed by or which is affiliated with Event Organizer, or Purchaser and any company or person employed by or which is affiliated with Event Organizer (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Florida Arbitration code. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY ARE KNOWINGLY AND VOLUNTARILY GIVING UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and further acknowledge and agree that such Dispute(s) will only be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. PURCHASER AND BEARER EACH AGREE THAT NEITHER SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS OR MASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. As to Disputes, Purchaser and Bearer also agree to participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action if applicable). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Consumer Arbitration Rules and such arbitration shall be conducted at the AAA office located in Miami, Florida. Any proceeding to enforce this arbitration agreement must be brought in the Eleventh Circuit Court in and for Miami-Dade County, Florida or, if jurisdiction permits, in the U.S. District Court for the Southern District of Florida with venue lying in Miami-Dade County. Purchaser agrees that arbitration is appropriate in the venue specified in this Section and further agrees not to raise any defenses on grounds of forum non-conveniens or lack of personal jurisdiction. PURCHASER AND BEARER EACH ACKNOWLEDGE AND AGREE THAT ANY COSTS ASSOCIATED WITH A DISPUTE SHALL BE SHARED EQUALLY BETWEEN EVENT ORGANIZER AND PURCHASER AND/OR BEARER, NOTWITHSTANDING ANY RULES CONTAINED IN THE AAA CONSUMER ARBITRATION RULES including, but not limited to, rules pertaining to filing fee limitations, mediation fees, case management fees, neutral arbitrator compensation, hearing fees, hearing room rental fees, abeyance fees, expenses, consumer clause review and registry fees, reallocation of arbitrator compensation and AAA administrative fees, and Purchaser and Bearer each waive any fee limitations in favor of Purchaser and/or Bearer contained in the AAA Consumer Arbitration Rules. Purchaser and Bearer further each agree not to raise any defenses on grounds that this provision is void or that this provision is otherwise unenforceable. BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS INCLUDING YOUR RIGHT TO GO TO COURT SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
9. Governing Law. This Agreement and all claims or Disputes relating to or arising out of this Agreement shall be exclusively governed and construed in accordance with the laws of the State of Florida, notwithstanding any contrary choice-of-law principles and venue shall lie in Miami-Dade County.
10. Limitations Period (1-YEAR). IN ORDER FOR A CLAIM, LEGAL ACTION OR DISPUTE TO BE DEEMED TIMELY BROUGHT UNDER SECTION 8 (ARBITRATION) SUCH CLAIM BUST BE PROPERLY FILED WITHIN ONE (1) YEAR OF ACCRUAL OF SUCH CLAIM AS ACCRUAL IS DEFINED BY GOVERNING LAW. If claims or Disputes are not filed within one (1) year of accrual, same shall be forever time-barred and may not be subsequently brought by way of arbitration, by a court or administrative proceeding or otherwise. The parties to this Agreement agree that this section governs all claims, declaratory actions, Disputes and it supersedes any statute(s) of limitations that might otherwise apply. BY ENTERING INTO THIS AGREEMENT YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVENT ORGANIZER OR ANY OF THE RELEASEES (AS DEFINED BELOW), BE LIABLE FOR ANY ATTORNEY’S FEES OR OTHER LEGAL COSTS OR DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND. IN ADDITION TO THE FOREGOING, PURCHASER AND BEARER AGREE THAT, IN THE EVENT OF A DISPUTE UNDER THIS AGREEMENT AND BETWEEN OR AMONG THE PARTIES, INCLUDING DISPUTES RELATING TO INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, EVENT ORGANIZER’S AGGREGATE LIABILITY SHALL BE LIMITED, IN ALL CIRCUMSTANCES, TO THE LESSER OF 10% OF THE FACE VALUE OF THE TICKET OR $50. IN THE EVENT OF A DISPUTE BETWEEN OR AMONG THE PARTIES, PURCHASER AND BEARER EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW NOT TO RAISE ANY CLAIM OR DEFENSE THAT THE FOREGOING LIMITATIONS SET FORTH HEREIN ARE EITHER UNCONSCIONABLE, ILLUSORY OR UNENFORCEABLE BECAUSE THE PARTIES LACKED EQUAL BARGAINING POWER OR OTHERWISE AND PURCHASER AND BEARER EACH AGREE NOT TO FILE ANY LEGAL PAPERS OR UNDERTAKE ANY LEGAL ACTIONS THAT ARE CONTRARY OR INCONSISTENT WITH THE TERMS OR SPIRIT OF THIS SECTION 11 AND/OR WHICH MAY PREVENT EVENT ORGANIZER FROM RECEIVING THE FULL BENEFITS AND PROTECTIONS CONTEMPLATED BY THE PARTIES UNDER THIS SECTION 11. BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
12. Indemnification, Assumption of the Risk, Release.
a. Indemnification. Bearer and Purchaser shall defend, covenant not to sue, indemnify, and hold harmless and forever release and discharge Event Organizer (ROLLING LOUD, LLC), Insomniac Holdings, Live Nation Worldwide, Inc., LLC, Rolling Loud, LLC, BZTC LLC and Pincay RE, LLC, Hollywood Park Management Company, LLC, Stadco LA, LLC, Performance Company LA, LLC, HP DistrictCo LA, LLC, DataCo LA, LLC, TechCo LA, LLC, ParkingCo LA, LLC, Blue & Gold Tenant, LLC, HPMU4 LA, LLC, LA Rams Tenant, LLC, Hollywood Park Residential Investors, LLC, Hollywood Park Retail/Commercial Investors, LLC, Turner AECOM-Hunt NFL JV, Conventions Sports and Leisure International, LLC d/b/a Legends Project Development, Kroenke Sports & Entertainment, LLC, the National Football League (“NFL”), its thirty-two member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC, NFL Productions LLC, NFL International LLC, NFL International Licensing, Inc., each Major User, the City of Inglewood, County of Los Angeles, and each of the foregoing parties respective parent, subsidiary and affiliated entities, and each of their respective employees, governors, alternate governors, agents, partners, shareholders, directors, managers, owners, members, representatives, officers, attorneys, vendors, contractors, sponsors, affiliates, players, licensees, servants, lenders, tenants, successors and assigns (collectively “Releasees”) from any and all third party claims, damages, judgments, losses, relating to, arising from or in connection with, Purchaser’s or Bearer’s acts, conduct or omissions during the Event.
b. Assumption of Risk. User understands and agrees that there are certain risks of personal or property injury, illness and/or death associated with attending the Event, including, without limitation, risks related to the actions of others at the Event. Despite these risks, User voluntarily assumes ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the Event, including personal injury. By accepting possession or by using any Ticket, User expressly assumes all risks and dangers arising from or incidental to the Event, whether such risks occur before, during, or after the Event and agrees that the Releasees are not responsible for any such risks and dangers.
c. Waiver. User forever releases, waives, discharges and agrees not to sue the Releasees from any known or unknown claims, losses, damages, liability, demands, actions, injury or death, including any injury that Bearer and/or Purchaser may sustain while at the Event, regardless of whether caused by the negligence or other fault of the Releasees or any third party (collectively, "Claims" or, as used individually, a "Claim").
For California residents: Purchaser and Bearer understand that this waiver applies to Claims which I may not know or suspect to exist and I knowingly and voluntarily waive such rights, including those under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party."
13. EVENT FORMAT; “AS-IS”. EVENT ORGANIZER GRANTS THIS LICENSE TO BEARER TO ENTER THE VENUE ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. EVENT ORGANIZER OFFERS NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE AVAILABILITY OF TICKETS, THE PURCHASE OF TICKETS, THE EVENT, THE VENUE, OR THE ARTISTS. EVENT ORGANIZER MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES RESPECTING THE AVAILABILITY OF POTENTIAL SEATING, SITE CONFIGURATIONS, FOOD, BEVERAGE AND/OR MERCHANDISE CHOICES OR AVAILABITY, VIEWING CAPACITY, FORMAT, SITE CONFIGURATION, PRODUCTION QUALITY AND/OR OVERALL PRODUCTION EXPERIENCE. IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS, DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
14. Event Organizer’s Ownership of Work. Event Organizer or its designee(s), successor(s), or assign(s) shall have the right to use, copy, sell, distribute, record, publish, republish, print, display, publicly perform, transmit, create derivative works or incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, photographs, aerial footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Bearer’s name, image, portrait, photograph, voice and/or other likeness without consideration or notification to, and/or without additional consent by, Bearer. Bearer further acknowledges and agrees that Event Organizer or its designee(s), successor(s) or assign(s) shall be the SOLE AND EXCLUSIVE OWNER of any such work in connection with the Venue or Event that contains Bearer’s image, voice and/or likeness.BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
15. Bearer’s Conduct. Event Organizer maintains a ZERO-TOLERANCE POLICY regarding illegal or illicit drug use, unlawful activities and other misconduct in and around the Event and Venue. Bearer, in order to gain entry into the Venue, AFFIRMATIVELY, KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY CONSENTS TO BEING SEARCHED by Event Organizer for the presence of illegal or illicit drugs, weapons, contraband and/or other prohibited items prior to entry to the Venue and/or during Bearer’s presence at the Event or Venue. Bearer hereby acknowledges and agrees that the discovery of any prohibited items shall constitute a material breach of this Agreement and a violation of Event Organizer’s policies and terms and conditions and same shall correspondingly give Event Organizer the RIGHT TO CONFISCATE ANY SUCH PROHIBITED ITEM(S) AND THE RIGHT TO IMMEDIATELY REVOKE Bearer’s License to access the Venue, and to DENY Bearer any further or future entry to the Event or Venue WITHOUT ANY LEGAL OR FINANCIAL LIABILITY to Event Organizer.BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
16. Data Collection. Upon accessing and using any of our websites, Purchaser and Bearer acknowledge and agree that Event Organizer may AUTOMATICALLY COLLECT, STORE AND USE Purchaser and/or Bearer’s information, including but not limited to, IP addresses, operating systems, referring web pages, locations, mobile carriers, devices used (i.e., cell phones, laptops, tablets, among others), search terms and cookie information (collectively, the “Derivative Data”) to help Event Organizer diagnose problems and improve the website for user experience. In order to purchase a Ticket(s), Purchaser acknowledges and agrees that Purchaser may be required to provide personal information such as, but not limited to, name, email address, mailing address, zip code, telephone number, date of birth, financial information, age verification and/or country of residence (collectively, the “Personal Information”). Purchaser acknowledges and agrees that Event Organizer may COLLECT, STORE AND USE the Personal Information for legitimate business purposes, such as, but not limited to, processing Purchaser’s payment, fulfilling Purchaser’s order, updating Purchaser with the order status, shipping and tracking information, responding to customer service requests, and providing updated information to Purchaser respecting the Event, among others. Additionally, as a condition to gain access to the Venue and attend the Event, Bearer of this Ticket hereby AFFIRMATIVELY, KNOWINGLY AND VOLUNTARILY CONSENTS to Event Organizer collecting, storing and otherwise utilizing Bearer’s ID at the Event gates or other points of check-in for legitimate business purposes and in accordance with Event Organizer’s privacy policy located at https://ultramusicfestival.com/privacy-policy, including Bearer’s photo, legal name, date of birth, sex, address of record, telephone number and any other personal information obtained from Bearer’s ID. IF PURCHASER OR BEARER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE A TICKET, ENTER OR ATTEND THE EVENT OR VENUE AND EXIT THE SITE.
17. Minimum Age. Purchaser acknowledges and a6grees that the Event is intended for mature audiences and the Event has an age requirement of 16 years of age. As a condition to gain access to the Venue and attend the Event, Purchaser and Bearer each agree that Bearer is, or will be, 16 YEARS OF AGE OR OLDER on the earliest Event date listed on the front of the Ticket, except that if the Event is a weekend Event, Bearer shall be required to be 16 years of age on or by the date of attendance. A valid government issued photo identification of Bearer (“ID”) WILL be required to be presented at the Event or other points of check-in in order to gain entry into the Venue. Bearer agrees that the information provided on the ID presented by Bearer is valid, true, and correct and relates to Bearer. Failure to comply with the age requirements hereunder constitutes a material breach of this Agreement by Purchaser and Bearer. In the event of a breach of this provision, Event Organizer reserves the right, WITHOUT THE OBLIGATION TO REFUND ANY AMOUNTS PAID BY PURCHASER, to refuse or revoke entry to the Event and Venue to any person who is not at least 16 years of age on date of attendance.
18. Assignment. Event Organizer shall, at all times, have the right to assign or delegate any or all of its rights, titles, interests or duties under this Agreement without prior notification to, or consent by, either Purchaser and/or Bearer. Neither Purchaser nor Bearer shall have the right to assign any of their respective rights or interests in and to this Agreement without the prior written consent of Event Organizer (which consent may be withheld, delayed or conditioned by Event Organizer in its sole discretion), including any potential claims that Purchaser or Bearer may assert in relation to any Disputes arising under this Agreement. Any attempt to assign any rights under this Agreement in contravention of the terms of this Agreement shall constitute a material breach by Purchaser or Bearer and shall be void.
19. Entire Agreement. This Agreement represents the entire agreement between and/or among Purchaser, Bearer and/or Event Organizer with respect to the subject matter of this Agreement.
20. Severability. If any term or provision is found, by a tribunal of competent jurisdiction, to be invalid, illegal or otherwise unenforceable, the unenforceable provision(s) shall not affect the otherwise valid terms, provisions, spirit of, or the whole of this Agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent, the intent and agreements of the parties set forth in this Agreement.
21. Section Headings. Any Section headings used in this Agreement are for convenience only and shall not be given any legal import.
22. Medical Treatment. Purchaser and Bearer consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases the Event Organizer and all persons participating in such medical treatment from all responsibility for any such actions.
23. Use of Name and Likeness. Purchaser and Bearer grant the Event Organizer (and its designees) the right to include Purchaser and/or Bearer (as the case may be) image, likeness, actions, and statements in any live or recorded audio, video, film, webcast, stream, or other transmission, exhibition, simulcast, or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or otherwise.
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT, WHICH IS A LEGALLY BINDING DOCUMENT, INCLUDES, AMONG ITS OTHER TERMS, RESTRICTIONS, LIMITATIONS AND CONDITIONS (INCLUDING LIMITATIONS ON LIABILITY), ASSUMPTIONS OF RISK, A NO REFUND POLICY (AND OTHER RELATED RESTRICTIONS), ARBITRATION MANDATES RELATIVE TO DISPUTE RESOLUTIONS AND WAIVERS OF IMPORTANT LEGAL RIGHTS.BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS AND/OR OTHER CONDITIONS AS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR AGREE TO ASSUME THE RISK(S) TO YOU AS SET FORTH IN THIS AGREEMENT OR DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS, DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.