TERMS OF USE

REFUND POLICY

ALL SALES, PURCHASES, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE.

YOU MUST BE AT LEAST TWENTY ONE (21) YEARS OF AGE TO PURCHASE A PACKAGE TO (WITH A VALID PHOTO IDENTIFICATION) THE EVENT. PLEASE PAY ATTENTION TO ALL DETAILS OF EACH PACKAGE DESCRIPTION PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED PACKAGES. HOTEL OCCUPANCY IS LIMITED TO THE NUMBER OF GUESTS LISTED IN EACH PACKAGE, AS APPLICABLE (E.G.NO MORE THAN TWO (2) GUESTS MAY UTILIZE A TWO-PERSON PACKAGE).

ALL SALES, PURCHASES, AND PARTIAL PURCHASES/DEPOSITS UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO REFUNDS WILL BE GRANTED FOR ANY REASON. NO EXCHANGES. NO RESALE. NOT REDEEMABLE FOR CASH. ALL RIGHTS RESERVED. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOUR PACKAGE AND PURCHASE AND YOU WILL NOT RECEIVE A REFUND. ANY AND ALL EXCURSIONS AND/OR ACTIVITIES RESERVED, BOOKED, AND/OR OTHERWISE SELECTED THROUGH THE GUEST PORTAL ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. A VALID PASSPORT IS REQUIRED FOR TRAVEL OUTSIDE OF THE UNITED STATES OF AMERICA.CERTAIN COUNTRIES (INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA)MAY HAVE ENTRY AND RE-ENTRY REQUIREMENTS. IF THE EVENT IS OUTSIDE OF THE UNITED STATES OF AMERICA, PLEASE BE SURE THAT YOU HAVE A VALID PASSPORT AND ARE WILLING AND ABLE TO COMPLY WITH ALL APPLICABLE ENTRY AND RE-ENTRY REQUIREMENTS PRIOR TO MAKING A PURCHASE, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL FOR ANY REASON. THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER CIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE EVENT. IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY, WHICH MAY COVER CERTAIN UNFORESEEN EVENTS.

IF THE EVENT IS RESCHEDULED OR CANCELLED, NEITHER THE PURCHASER NOR ANY OF THEIR GUESTS SHALL BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW OR OTHERWISE DETERMINED BY PRODUCER IN ITS SOLE DISCRETION. IF THE EVENT IS RESCHEDULED, PURCHASER AND THEIR GUESTS SHALL HAVE THE RIGHT TO USE THE PACKAGE TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME. IF THE EVENT IS CANCELLED (AND NOT RESCHEDULED), PRODUCER WILL ESTABLISH POLICIES AND PROCEDURES FOR PURCHASED PACKAGES AT THE TIME OF CANCELLATION. If Producer elects, in its sole discretion, to refund any purchased packages, service fees charged by theTicketing Website are non-refundable.

 

 

TERMS OF USE

ALL SALES, PURCHASES, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE.

Welcome to Avett Brothers Travel Packages (the “Event”) Terms of Use (this “Policy”). Once your purchase is made, this is a legally binding contract between you and DFW Entertainment, LLC (“Producer”,“we”, “us”, “our”), and is designed to ensure your satisfaction and understanding of the purchase process and policies and procedures governing your purchase. If you are making a purchase on behalf of someone else, the Terms contained in this Policy shall also apply to that person(s) and it is your duty to inform such person(s) of this Policy.Please read this Policy carefully prior to purchasing any package to the Event via TIXR or any other authorized source (each, the “Ticketing Website”),attending the Event, entering any Event facility, venue or premise, and/or entering any Event hotel, resort or other accommodations (including without limitation, Hotel Monaco Denver and Hyatt Centric Denver (the “Hotels”). This Policy is subject to, and is in addition to, any other information posted byProducer, Ticketing Website, and/or any Hotel, including, without limitation and all applicable Ticketing Website and Hotel policies. Be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Policy without prior notice; however, the date of any effective changes shall be reflected at the top of this page and upon request we will provide you with information regarding any changes made.

 

1. Age Limits; Transaction Information;Revocable License; Refusal of Admission.

ALL SALES ARE FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. A package to the Event, Event credentials, or any other related perk may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of the Producer.

 

YOU MUST BE AT LEAST TWENTY-ONE (21)YEARS OF AGE TO PURCHASE A PACKAGE TO (WITH A VALID PHOTO IDENTIFICATION) THE EVENT. PLEASE PAY ATTENTION TO ALL DETAILS OF EACH PACKAGE DESCRIPTION PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED PACKAGES. HOTEL OCCUPANCY IS LIMITED TO THE NUMBER OF GUESTS LISTED IN EACH PACKAGE, AS APPLICABLE (E.G. NO MORE THAN TWO (2) GUESTS MAY UTILIZE ATWO-PERSON PACKAGE).

 

A package to the Event is a revocable license. The Organizers (defined below) reserve the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, the Hotels, and/or any Event facility, venue or premise, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole orin part, or whose conduct is deemed by us or the applicable third party as misconduct, disorderly, disruptive, annoying, illegal, vulgar (including without limitation use of vulgar or abusive language toward Event staff or other attendees), intoxicated, violent, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable third party’s terms, conditions, directions, rules or policies (including without limitation possession of prohibited items) (all of the above in this sentence, collectively, “Removal Behavior”). Removal Behavior of any of type will automatically terminate this license and all your rights. For the avoidance of doubt, the exercise of Producer’s ejection rights hereunder does not entitle you or any guest to a refund of the package or any part thereof.

Each and every guest who purchases or otherwise wishes to redeem their package and credentials for the Event must: (a) register themselves and their guests with the applicable Event website and/or guest dashboard during the period allotted to all Event guests for such registration; and (b) present proper identification for themselves and their guests upon arrival to the Event. In the event that any guest fails to perform either of the foregoing, we may, at our sole discretion and without refund of any portion of the price paid or other compensation, refuse any such guest’s admission to the Event, which may include, without limitation, refusal to provide Event credentials to any such guests.

Event credentials should be kept in a safe place at all times. Credentials cannot be replaced if lost, stolen or destroyed, and are valid only for the Event for which they are issued. It is unlawful to copy, duplicate or otherwise reproduce any credential in any form.Packages or credentials obtained from unauthorized sources may be counterfeit and worthless. Producer is not responsible for any loss or inconvenience caused by any unauthorized duplication of a package or a credential. In the event duplicate copies of packages or credentials are presented, Producers reserves the right to refuse entry to the Event for all persons presenting such duplicated packages or credentials.

If issued as a complimentary package, the package is not exchangeable or redeemable for another package or credential toor for any other event or performance or for any other consideration, present or future, monetary or otherwise.

 

 

2. Refunds and Exchanges

ALL SALES, PURCHASES, AND PARTIAL PURCHASES/DEPOSITS UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, ANDNON-TRANSFERABLE. NO REFUNDS WILL BE GRANTED FOR ANY REASON. NO EXCHANGES. NO RESALE. NOT REDEEMABLE FOR CASHALL RIGHTS RESERVED. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOUR PACKAGE AND PURCHASE AND YOU WILL NOT RECEIVE A REFUND. ANY AND ALL EXCURSIONS AND/OR ACTIVITIES RESERVED, BOOKED, AND/OR OTHERWISE SELECTED THROUGH THE GUEST PORTAL ARE FINAL,NON-REFUNDABLE, AND NON-TRANSFERABLE. A VALID PASSPORT IS REQUIRED FOR TRAVEL OUTSIDE OF THE UNITED STATES OF AMERICA. CERTAIN COUNTRIES (INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA) MAY HAVE ENTRY AND RE-ENTRY REQUIREMENTS. IF THE EVENT IS OUTSIDE OF THE UNITED STATES OF AMERICA, PLEASE BE SURE THAT YOU HAVE A VALID PASSPORT AND ARE WILLING AND ABLE TO COMPLY WITH ALL APPLICABLE ENTRY AND RE-ENTRY REQUIREMENTS PRIOR TO MAKING A PURCHASE, ASNO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL FOR ANY REASON. THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER CIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE EVENT. IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY, WHICH MAY COVER CERTAIN UNFORESEEN EVENTS.

 

IF THE EVENT FOR WHICH ANY PURCHASED TICKET IS RESCHEDULED OR CANCELLED, NEITHER THE PURCHASER NOR ANY OF THEIR GUESTS SHALL BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW OR OTHERWISE DETERMINED BY PRODUCER IN ITS SOLE DISCRETION. IF THE EVENT IS RESCHEDULED, PURCHASER AND THEIR GUESTS SHALL HAVE THE RIGHT TO USE THE PACKAGE TO ATTEND THE EVENT ATTHE RESCHEDULED DATE AND TIME. IF THE EVENT IS CANCELLED (AND NOT RESCHEDULED),PRODUCER WILL ESTABLISH POLICIES AND PROCEDURES FOR PURCHASED PACKAGES AT THE TIME OF CANCELLATION. If Producer elects, in its sole discretion, to refund any purchased packages, service fees charged by the Ticketing Website are non-refundable.

Before purchasing your package, carefully review your event and your selections. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to the package you purchased. Upon purchase, you agree that the credit card that you have on file with us will be charged. If you have made a purchase aspart of a Payment Plan, you agree that the credit card that you have on file with us will be charged for the amounts and on the dates set forth in thePayment Schedule outlined during your purchase process. You agree that if such credit card expires, is invalid, is deleted or is otherwise not capable of effecting payment on the dates set forth in your Payment Schedule, we and/or the Ticketing Website will give you notice to the email you provided above and a period of 10 days to effect the payment. If we do not receive payment within such period, this Agreement will be deemed to be cancelled and all prior amounts will be forfeited. Once your Initial Down Payment is received the price of the Purchased Items will not change. The Purchased Items will be set aside and held until the Final Payment made. You may pay the remaining balance at anytime prior to the Final Payment. Without limiting the generality of the foregoing, you will not seek a “chargeback” or any type of payment reversal for any reason from the company whose credit card you used to purchase your package. Should you do so, your package may be canceled, and we may, in our sole discretion, refuse to honor pending and future package purchases.

If you participate in a Payment Plan, you understand and agree that the Payment Plan is subject to the terms of the Truth in Lending Act (“TILA”).You hereby acknowledge your awareness that: (i) you are not being assessed a finance charge for participating in the Payment Plan; (ii) the Balance is not subject to any assessed interest; (iii) you are not subject to any pre-payment penalty for paying the Balance in advance of the designated Payment Plan dates; and (iv) Late Payment Plan payments are subject to the terms herein. You hereby further acknowledge that you have been provided with all necessary information relating to the purchase of your package and your participation in the PaymentPlan, and that Producer has your express authorization to process payment of the Balance and the Payment Plan.

In purchasing packages, you may be linked to a third-party site. PRODUCER IS NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY SITES (INCLUDING WITHOUT LIMITATION THE TICKETING WEBSITE), INCLUDING PURCHASES MADE ON THOSE SITES. You should review the terms and conditions found on these third-party sites and make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. Producer does not endorse any of the products or merchandise, nor has Producer taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. Producer does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any Claim (defined below) against the Released Parties(defined below) with respect to such sites and third-party content.

If you are obtaining tickets for, or providing any tickets to, any other person(s), the you recognize that you are acting as that person’s agent in obtaining the tickets, and due to this agency relationship, you agree to this Policy on behalf of any person or guest to whom you deliver any of the packages or credentials you obtain, and you shall notify any such person of this Policy when you deliver a package or credential to that person. Any person who obtains a package and/or credential from another person agrees to this Policy when the package and/or credential is delivered to them.

 

 

3. Search, Ejection and Termination.

You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at, the Event. You hereby consent to such searches and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to the Event, the Hotel(s), and/or any Event facility, venue or premise, or removed from the Event, the Hotel(s), and/or any Event facility, venue or premise, without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, unmanned aerial vehicles (UAVs) or drones of any size, laser pointers, strobe lights, irritants, fireworks, explosives, various forms of containers, and any other item noted as prohibited on the FAQs or other information released by us, or and any other item the Organizers (defined below) deem to be inappropriate for the Event or that may present a potential safety risk. Breach of this Policy or any applicable third party’s terms, conditions, rules or policies will terminate your license to attend the Event without refund or other compensation.

 

 

4. Cancelled or Postponed Events;Refunds.

EVENT DATE AND TIME SUBJECT TO CHANGE. ARTIST AND SET TIMES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL RIGHTS RESERVED.

The Event is a RAIN OR SHINE event, unless otherwise expressly noted in writing. Without limiting the foregoing, the location, date and time of an Event and any other elements of your purchase are subject to change (including, but not limited to, cancellation, postponement or relocation) by Producer, the artist(s) and/or performer(s)(collectively “Artists”), the Hotel(s), Event facility, venue or premise owner(s) or operator(s), or other third party(ies) responsible for the staging of an Event or other elements of your purchase (collectively, the “Organizers”),respectively, in each of their sole discretion, and no such change shall entitle you to a refund or any other remedy in the event that you cannot attend for any reason due to such change unless agreed to in writing by Producer. Any element of your purchase may be cancelled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in the Organizers’ sole discretion, as applicable, or due to the actions or events beyond the reasonably foreseeable control of the Organizers, the Organizers will not be liable to you or any other party because of any failure to perform hereunder due to fire, earthquake, rain, lightning, earthquakes, hurricanes, storms, windstorms, washouts, adverse weather conditions, flood, acts of nature, other acts of God, power failures, electrical or mechanical difficulties, nuclear reaction, radioactive contamination, explosions, strikes, lockout, work stoppages or other labor disturbances, governmental regulations or restrictions, terrorism, war, civil disturbances, protests, riots or civil commotion, insurrections, acts of public enemies or other hostilities, threats of bombs or similar interruptions, vandalism, accidents, collision, equipment or machinery breakage, epidemic, pandemic (including, without limitation, ofCOVID-19), widespread plague or disease (including, without limitation, ofCOVID-19 or other communicable or infectious diseases, bacteria, virus or other pathogens), travel bans or restrictions, quarantine restrictions, considerations of the safety of, or property damage to, any Hotel or any Event venue, facility or premise, death or illness to any members, crew or family of anyArtist, or any other cause or condition, whether known or unknown, or similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of the Organizers (“Force Majeure”).

Delay in the performance of this Policy or the failure of Producer to perform or provide the element(s) of your purchase caused by any Force Majeure shall not constitute a breach of this Policy or aground for cancellation, suspension or termination hereof. For the avoidance of doubt, postponement, relocation or cancellation of Events due to weather conditions or Force Majeure events is beyond our control and we will not issue any refund or exchange for such events, unless otherwise agreed to in writing by Producer in its sole discretion. If the Event is cancelled for any other reason, refunds for purchase/ package will be made at the sole discretion of Producer or in accordance with the applicable law. Your purchase is considered as a“rain or shine” final purchase. If the Event is canceled, postponed or rescheduled we will not refund incidental expenses that you may have incurred as a result of your plans to attend the Event including, but not limited to, transportation expenses, hotel reservations, or rental car costs. We are not responsible for the actions of any other Organizers when the Event is canceled.Refunds or exchanges will not be made for postponed, relocated or rescheduledEvents and you shall only be entitled to attend the rescheduled Event. It is your responsibility to verify information regarding rescheduled Event dates and times prior to attending. Without limiting anything set forth in this Section, your purchase of the package to the Event is not for a specific Artist or aspect of the Event. Artists, schedules, production elements, vendors, art exhibits, amenities, and all other aspects of the Event are subject to change without notice and without grounds for refund. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular act on any particular date to be performed by any particular Artist. Producer makes no guarantee that any Event attendee will be able to attend every performance or see any particular act or Artist. If we choose, in our own discretion, to issue you a refund for your package due to a canceled or postponed Event, we will issue a refund of the package price and are fund may be limited only to the portion of the package that was unable to be consumed due to such cancellation. In no event will delivery charges or any other amounts be refunded.

 

IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY,WHICH MAY COVER CERTAIN UNFORESEEN EVENTS.

 

5. Publicity Release; InformationSharing; Event Intellectual Property.

You acknowledge that people, includingProducer, will be using film, video, and photographic cameras at the Event, and that your image may be captured on film, video, or photographs that may subsequently be displayed or disseminated without your consent or payment of compensation to you, and you release each of the Released Parties from any liability due to such capturing, display, or dissemination.

 

By purchasing a package to the Event, attending the Event, and/or entering any Event Hotel or Event facility, venue or premise, you hereby irrevocably grant to Producer and its members, affiliates, designees, successors, assigns, and licensees, and to the Organizers and theEvent promoters, participants, Artists, Ticketing Website, sponsors and all other persons or entities associated or involved with the Event, the right to film and otherwise record you and use your name, image and likeness in any and all media (now known or hereafter devised) throughout the world in perpetuity for any purpose, including, without limitation, use in photographs, videotapes,CDs, DVDs, broadcast, telecast, live streams, podcast, webcast, recordings, motion pictures, commercial advertisement, promotional materials, and/or any other record of the Event, for advertising and promotional purposes as well as in, on or in connection with future events and/or other events produced byProducer or any of Producer’s affiliates and hereby release Producer and each of their respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto. You acknowledge and understand that all copyright rights in the images shall be owned by Producer in perpetuity and waives any inspection or approval rights.

 

Without limiting anything set forth herein, by purchasing a package to the Event, attending the Event, and/or entering any EventHotel or Event facility, venue or premise, you acknowledge and agree theProducer may share your personally identifiable information (including, without limitation, your name, address and email address) with its parent, subsidiary, member and other affiliated companies and with other third parties in connection with the operation of our and/or their business. Examples include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction,(c) product and service customization, (d) order fulfillment, (e) shipping, (f)marketing and promotional material distribution for various events, (g) website evaluation, (h) data collection, storage, management, and analysis, (i)internet-based, targeted and/or online behavioral advertising, (j) Producer and its affiliates’ partners and clients (e.g., events, artists, tours, festivals, sporting events, production companies, etc.), and/or (k) any other services designed to assist us and/or our affiliates in maximizing our and/or their business potential and profits.

 

You acknowledge that all logos and symbols associated with Producer and/or with the Event are trademarks owned by Producer and its affiliates and that Producer has the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by Producer, including any likenesses, drawings, and representations of the Event (collectively, “ProducerIntellectual Property”).

 

WITHOUT THE PRIOR WRITTEN CONSENT OF PRODUCER,YOU UNDERSTAND THAT YOU MAY NOT USE ANY PRODUCER INTELLECTUAL PROPERTY OR EVENT IMAGERY (defined below) IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION,UNLESS THE USE IS AUTHORIZED IN WRITING BY PRODUCER.

 

By purchasing a package to the Event, attending the Event, and/or entering any Event Hotel or Event facility, venue or premise, you agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos(hereinafter “Event Imagery”). You may only use Event Imagery for“Personal Use,” defined to include: (1) sharing with friends and family; (2)displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or Producer); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise).

 

YOU UNDERSTAND AND ACCEPT THAT YOU MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM PRODUCER, OTHER THAN PERSONAL USE AS DEFINED ABOVE. You understand that you have no right to sell, transfer, license, sublicense, or give Event Imagery to any other party, except for Personal Use, and agree to inform anyone to whom Event Imagery is given that it can only be used for Personal Use.

 

6. Representations and Warranties.

Without limiting anything set forth in thisPolicy, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with theEvent and/or activities corresponding to your transactions with Producer and/or via the Ticketing Website; (b) you are of sufficient legal age and authority to enter into any transaction with Producer and/or via the Ticketing Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with Producer and/or via the Ticketing Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Producer and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary (including without limitation any country’s entry and re-entry requirements) in connection with your transaction with Producer and/or via the TicketingWebsite; and (f) you will not attempt to charge back your purchase with your bank or credit card company.

 

7. Third Party Aspects of the Event.

In connection with the Event and your package we might display information about travel locations, tours, services, packages, transportation, hotel accommodations, currency, schedules, various forms of entertainment and many other things and amenities. Much of this information is supplied to us by third parties (e.g., hotels, resorts, transportation companies, Artists, concessionaries) and we cannot check the accuracy of such information. Some of the goods and/or services which make up your purchase in connection with the Event are provided by third parties in accordance with their own terms and conditions which may limit or exclude such third party’s liability to you. You understand that any violation of any third party’s terms and conditions may result in cancellation of your reservation, in your being denied access to the applicable aspect of the Event, in your forfeiting any monies paid for such amenity, and/or in our debiting your account for any costs we incur as a result of such violation. You agree that we are in no way responsible for the accuracy, timeliness or completeness of information we may obtain from third parties. Your interaction with any third party is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any third party. IF APPLICABLE, HOTEL/RESORT INFORMATION PROVIDED BY US (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, LIST OF HOTEL/RESORT AMENITIES, AND DESCRIPTIONS OF PROPERTY AND ROOMS) ARE PROVIDED BYTHE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS HOTEL/RESORT INFORMATION CONSTITUTES GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARETO BE USED AS A GENERAL GUIDE AND THE RATINGS AND HOTEL INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT.

 

You agree to abide by the terms and conditions of purchase imposed by any third party with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party’s rules and restrictions regarding availability and use of goods, products and/or services. Some hotels and resorts or other third parties may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Producer for your hotel booking or other transaction. Some hotels and resorts or other third parties may require you to present a validPassport upon check in. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such third party’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s),and/or in our debiting your account for any costs we incur as a result of such violation.

 

IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM ATHIRD-PARTY, WHICH MAY COVER CERTAIN UNFORESEEN EVENTS.

 

8. Additional Documents.

Depending on what you purchase from Producer, you (and your guests or other members of your party) may be required to read and sign additional documents, for example, without limitation, agreements in connection with transportation providers, tour operators or a hotel or other accommodations. You hereby agree to execute and deliver to Producer or its designees any and all such documents consistent herewith or otherwise reasonably necessary for your purchase to be fulfilled or to effectuate the purposes of this Policy when and as directed by Producer or applicable authority. In case of your refusal or failure to so execute or deliver, or cause to be so executed and delivered, any document or other instrument herein provided for within three (3) days (unless Producer reasonably requires a response in less time due to exigencies), then in such event, you hereby nominate, constitute and appoint Producer and Producer shall therefore be deemed to be your true and lawful attorney-in-fact irrevocably, to, at Producer’s election, execute and deliver all of such documents and instruments in your name and on your behalf. If you fail or refuse to execute such documents and Producer elects not to execute such documents on your behalf, then Producer reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from any applicable facility or event, and/or withdraw or refuse to begin applicable services or provide applicable goods. 

 

9. COVID-19: Event Protocols, Assumption of Risk, and Release.

The Event(s) may have enhanced health and safety measures in place due to the COVID-19. You (as well as any of your guests/invitees) agree to comply with any and all health policies, protocols, rules, regulations, terms, and conditions of the Event, whether established by Producer, an Organizer, any Event Hotel or Event facility, venue or premise, or government or health authorities, including, but not limited to rules with respect to masks, social distancing, health screening activities (including COVID-19tests), and vaccination requirements. You will follow all instructions when entering any Event Hotel or Event facility, venue or premise, and while attending the Event, whether posted or otherwise communicated verbally or in writing by Organizer staff, employees, representatives or contractors, police, or government or health authorities. If you (or any of your guests/invitees) refuses or fails to comply with any health rules, regulations, terms, conditions and/or instructions for the Event, you acknowledge and agree that you may not be permitted to attend the Event and/or may be removed from the Event.

 

You, on behalf of yourself and your guests/invitees(including minors accompanying you or your guests/ invitees), authorize, and consent to, Organizer and Organizer staff, employees, representatives, or contractors conducting public health safety screening activities by methods selected by Organizer, any Event Hotel or Event facility, venue or premise, or government or health authorities. As a result of such public health safety screening activities, you acknowledge and agree that you and your guests/invitees may not be permitted to attend the Event.

 

You, on behalf of yourself and your guests/invitees(including minors accompanying you or your guests/ invitees), consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. You, on behalf of yourself and your guests/invitees, release each of the ReleasedParties and all persons participating in any such medical treatment from all responsibility for any such actions.

 

You and your guests should refrain from attending the Event if they believe they have come into contact with COVID-19or are not feeling well. You, on behalf of yourself and your guests/invitees(including minors accompanying you or your guests/ invitees) acknowledge thatCOVID-19 is extremely contagious and that the elimination of risk of exposure and infection to COVID-19 is not currently possible, and in connection there to it shall be the sole responsibility of you, as well as any of your guests/invitees, including on behalf of any minors accompanying any of the foregoing, to utilize their best efforts to avoid any action or omission which may jeopardize their own safety or the safety of others.

 

By attending the Event, entering any EventHotel or Event facility, venue or premise, or using any corresponding amenity, you (and your guests/invitees) certify that: (a) you are (as of the Event date)physically able to attend and participate in the Event and in any associated activity or performance, and you have not been advised otherwise by a qualified medical professional; and (b) in the 14 days prior to the Event date you have not (i) been diagnosed with, tested positive for, or treated for COVID-19, (ii)knowingly been in contact with COVID-19 or any person that has been diagnosed with, tested positive for, or treated for COVID-19, or (iii) been sick or exhibited any symptoms of COVID-19 which include (without limitation) fever, headache, chills, diarrhea, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, loss of taste or smell, and/or general malaise. 

 

BY ATTENDING THE EVENT, ENTERING ANY EVENT HOTEL OR EVENT FACILITY, VENUE OR PREMISE, or using any corresponding amenity,YOU, FOR YOURSELF AND ON BEHALF OF YOUR GUESTS/ INVITEES (INCLUDING MINORS ACCOMPANYING YOU OR YOUR GUESTS/ INVITEES) (COLLECTIVELY, THE “RELEASING PARTIES”), VOLUNTARILY ASSUME ALL RISKS RELATED TO EXPOSURE TO OR INFECTION BY COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS, OR OTHER PATHOGEN, AND ACKNOWLEDGE AND AGREE THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY,ILLNESS, PERMANENT DISABILITY, AND DEATH TO YOU OR YOUR FAMILY.

 

IN FULL KNOWLEDGE AND COMPLETE ASSUMPTION OF ALL OF THE RISKS, THE RELEASING PARTIES HEREBY IRREVOCABLY AGREE THAT THE RELEASING PARTIES WILL NOT SUE OR CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ANY RELEASING PARTY OR SUCH RELEASING PARTY’S PROPERTY OR THE RELEASING PARTY’S DEATH OR DISABILITY, WHETHER IN CONNECTION WITH THE ILLNESS(ES), HARM(S), OR OTHERWISE, RESULTING OR ARISING OUT OF OR IN ANY WAY RELATED TO PREPARATION FOR, TRAVEL FOR, ATTENDANCE AT, AND PARTICIPATION IN THE EVENT AND USING THE BENEFITS AND ELEMENTS OF THE PURCHASE INCLUDING, WITHOUT LIMITATION, INCLUDED SERVICES AND THIRD-PARTY PROVIDED SERVICES PURCHASED HEREUNDER. THE RELEASING PARTIES FURTHER HOLD EACHOF THE RELEASED PARTIES AND ALL PERSONS PARTICIPATING IN ANY MEDICAL TREATMENT HARMLESS SHOULD ANY RELEASING PARTY CONTRACT ANY ILLNESS, DISEASE, BACTERIA,VIRUS, PATHOGEN OR ANY OTHER MALADY WHILE ATTENDING THE EVENT OR AS A RESULT OFTHE EVENT.

 

10. Disclaimers

ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PRODUCER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USEOR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

 

You acknowledge and agree that by purchasing a package for the Event, attending the Event, entering any Event Hotel or Event facility, venue or premise, and/or using any corresponding amenity, you may be engaging in activities that may involve risk of injury, including serious injury, illness, permanent disability and death, property loss and severe social andeconomic losses. These risks include, without limitation, those caused by or inc onnection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at the Event; (b)conditions of any premises or equipment used; (c) temperature and/or weather;(d) condition of other participants or guests; (e) vehicular traffic; (f)offensive language or other vulgar or obscene material or actions; (g)participating in any on-site or off-site excursion activity including swimming in or otherwise entering any body of water during your stay at a resort that’s part of your package; and (h) other risks that are not known or foreseeable at this time.

 

LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of the Event may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, fireworks, lighting and other special effects, including, without limitation, flashing lights, rapidly changing oralternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the Event premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.

 

ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PRODUCER. THE PRODUCER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH,PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE PRODUCER SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING,STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

 

12. Release and Limitation of Liability.

the releasing parties EXPRESSLY ASSUME ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, WHETHER SUCH RISK OR DANGER OCCURS PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT AND ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THEIR ATTENDANCE AT AND PARTICIPATION INTHE EVENT.

 

TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAWS IN WHOLE OR IN PART, NEITHER THE PRODUCER, THE TICKETINGWEBSITE, ANY ORGANIZER, ANY EVENT SPONSOR, ANY OTHER PERSON OR ENTITYASSOCIATED WITH OR INVOLVED WITH THE EVENT, NOR ANY OF THEIR RESPECTIVE MANAGERS,DIRECTORS, OFFICERS, EQUITY HOLDERS, PARENT COMPANIES, SUBSIDIARIES, OWNERS,MEMBERS, STAFF, EMPLOYEES, CONTRACTORS, VOLUNTEERS, INSURERS, AFFILIATES OR OTHERREPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) WILL BE LIABLE FOR, AND THERELEASING PARTIES HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIESFROM AND AGREE NOT TO SUE OR SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVEOR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT ORINDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR INCONNECTION WITH: (A) THE EVENT OR THE USE OF, OR INABILITY TO USE, THEMATERIALS IN AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT ORIN CONNECTION WITH THE EVENT; (B) NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THERELEASED PARTIES; AND/OR (C) ANY BREACH BY THE RELEASED PARTIES OF STATUTORY DUTY; IN EACH CASE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR ANY INJURY,DAMAGE OR DEATH, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OFDATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, HOWEVER SO CAUSED (EVEN IF PRODUCER HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IFTHIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEDPARTIES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNTPAID BY YOU, IF ANY, DIRECTLY TO PRODUCER FOR ANY CORRESPONDING PRODUCTS, GOODSAND/OR SERVICES.

 

EACH RELEASING PARTY UNDERSTANDS THAT THERELEASING PARTIES AGREE HEREBY TO WAIVE ALL CLAIMS THE RELEASING PARTIES MAYHAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER SUCH RELEASING PARTY,NOR THEIR ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON THEIR BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE,DEATH, OR OTHER LOSS SUCH RELEASED PARTY MAY SUFFER.

 

 

 13. Indemnification.

Each Releasing Party agrees to protect, defend,indemnify, and hold harmless (“indemnify” meaning protect by reimbursement orpayment, including attorney’s fees and expenses) the Released Parties from andagainst any and all liabilities, claims, damages, suits, costs and expenses,including attorneys’ fees (collectively “Claims”), arising out of or inconnection with (a) the transaction with Producer and/or use of the TicketingWebsite; (b) such Releasing Party’s violation or breach, or alleged violationor breach, of this Policy, including, without limitation, all representations,warranties, terms, conditions, covenants, acknowledgments and agreementsherein; and/or (c) such Releasing Party’s attendance at or in connection withthe Event, including, without limitation, any Removal Behavior or other actionsor omissions by such party. We reserve the right to take exclusive control anddefense of any claim, and you will cooperate fully with us in asserting anyavailable defenses.

 

Each Releasing Party further agrees to protect,defend, indemnify, and save the Released Parties harmless with respect to anyand all Claims brought by or on behalf of a Releasing Party, a ReleasingParty’s spouse or partner, a family member, or any other person, for anyinjury, damage, death, or other loss in any way connected with the risks listedherein or attendance at or participation in the Event, including withoutlimitation use of any Event Hotel or any Event facility, venue or premise, withoutlimit and without regard to the cause or causes or negligence, whether passiveor active, of the Released Parties, and/or any breach by the Released Partiesof any legal duty. This release and indemnity section includes, but is notlimited to: third party claims, claims for personal injury or wrongful death(including claims related to emergency, medical, drug, and/or health issues,response, assessment, or treatment), loss of consortium, breach of contract, orany other claim, including claims resulting from the negligence of ReleasedParties, whether passive or active, related to the Event.

 

 

14. Miscellaneous.

Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party ,or both parties as joint venturers or partners for any purpose. You may notassign, delegate or transfer your rights, if any, or obligations under thisPolicy. Producer may assign its rights and duties under this Policy withoutsuch assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entireunderstanding and agreement between you and Producer relating to the precise subject matter herein and supersede any and all prior statements,understandings or agreements whether oral or written, and shall not be modifiedexcept in writing, signed by Producer. Any waiver of any provision of theseterms must be in writing signed by Producer to be valid. A waiver of anyprovision hereunder shall not operate as a waiver of any other provision, or acontinuing waiver of the same provision in the future. If any court ofcompetent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to theextent of the court’s finding without affecting the validity and enforceability of any remaining provisions.

 

This Policy shall be governed by and enforced according to the laws of the State of Tennessee without regard to any rules relating to conflicts of laws. You understand that any claim or dispute arising out of or in connection with this Policy must be brought exclusively in the federal or state courts located in Davidson County, Tennessee, and you will submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

 

You agree that we may provide electronically any and all communications concerning the Event or packages as well as any disclosures required by federal or state law. Your consent applies not only to the Event and the packages but also to any ancillary agreement related to these and to any future packages obtained through us.

You understand that this Policy may be changed by Producer prior to the Event, and if so, the revised Policy will apply to you. Your attendance at theEvent or entry to any Event facility, venue or premise signifies your binding agreement to the Policy in effect at the time of your entry to the Event.