TERMS OF USE

REFUND POLICY

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

YOU MUST BE AT LEAST TWENTY ONE (21) YEARS OF AGE TO PURCHASE A PACKAGETO (WITH A VALID PHOTO IDENTIFICATION) THE EVENT. PLEASE PAY ATTENTION TO ALLDETAILS OF EACH PACKAGE DESCRIPTION PRIOR TO PURCHASING, AS NO REFUNDS OREXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED PACKAGES. HOTEL OCCUPANCYIS 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 PAYMENTPLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NOREFUNDS WILL BE GRANTED FOR ANY REASON. NO EXCHANGES. NO RESALE. NOT REDEEMABLEFOR CASH. ALLRIGHTS RESERVED. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOURPACKAGE AND PURCHASE AND YOU WILL NOT RECEIVE A REFUND. ANY AND ALL EXCURSIONSAND/OR ACTIVITIES RESERVED, BOOKED, AND/OR OTHERWISE SELECTED THROUGH THE GUESTPORTAL ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. AVALID 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 UNITEDSTATES OF AMERICA, PLEASE BE SURE THAT YOU HAVE A VALID PASSPORT AND AREWILLING AND ABLE TO COMPLY WITH ALL APPLICABLE ENTRY AND RE-ENTRY REQUIREMENTSPRIOR TO MAKING A PURCHASE, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TOTRAVEL 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 ATHIRD-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 REFUNDEXCEPT AS OTHERWISE REQUIRED BY LAW OR OTHERWISE DETERMINED BY PRODUCER IN ITSSOLE DISCRETION. IF THE EVENT IS RESCHEDULED, PURCHASER AND THEIR GUESTS SHALLHAVE THE RIGHT TO USE THE PACKAGE TO ATTEND THE EVENT AT THE RESCHEDULED DATEAND TIME. IF THE EVENT IS CANCELLED (AND NOT RESCHEDULED), PRODUCER WILLESTABLISH POLICIES AND PROCEDURES FOR PURCHASED PACKAGES AT THE TIME OFCANCELLATION. If Producer elects, in itssole discretion, to refund any purchased packages, service fees charged by theTicketing Website are non-refundable.

 

 

TERMS OF USE

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

Welcome to the Metallica 40th AnniversaryTravel Packages (the “Event”)Terms of Use (this “Policy”).Once your purchase is made, this is a legally binding contract between you and DFWEntertainment, LLC (“Producer”,“we”, “us”, “our”), and is designedto ensure your satisfaction and understanding of the purchase process andpolicies and procedures governing your purchase. If you are making a purchaseon behalf of someone else, the Terms contained in this Policy shall also applyto 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 Eventvia TIXR or any other authorized source (each, the “Ticketing Website”),attending the Event, entering any Event facility, venue or premise, and/orentering any Event hotel, resort or other accommodations (including withoutlimitation, Wyndham Grand Pittsburgh Downtown (the “Hotels”). ThisPolicy is subject to, and is in addition to, any other information posted byProducer, Ticketing Website, and/or any Hotel, including, without limitationand all applicable Ticketing Website and Hotel policies. Be sure to return tothis Policy periodically to review the most current version of the Policy. Wereserve the right at any time, at our sole discretion, to change or otherwisemodify this Policy without prior notice; however, the date of any effectivechanges shall be reflected at the top of this page and upon request we willprovide 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 attemptedresale of any good, product or service at a price higher than that it was soldfor is prohibited and if discovered will result in such good, product orservice being voided without refund or other compensation. A package to theEvent, Event credentials, or any other related perk may not be used foradvertising, promotion (including sweepstakes, contests and giveaways), orother trade or commercial purposes without the express written consent ofProducer.

 

YOU MUST BE AT LEAST TWENTY-ONE (21)YEARS OF AGE TO PURCHASE A PACKAGE TO (WITH A VALID PHOTO IDENTIFICATION) THEEVENT. PLEASE PAY ATTENTION TO ALL DETAILS OF EACH PACKAGE DESCRIPTION PRIOR TOPURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLYPURCHASED PACKAGES. HOTEL OCCUPANCY IS LIMITED TO THE NUMBER OF GUESTS LISTEDIN 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. TheOrganizers (defined below) reserve the right, without refund of any portion ofthe price paid or other compensation to you, to refuse admission or to ejectany person from the Event, the Hotels, and/or any Event facility, venue orpremise, and/or withdraw or refuse to begin services or provide goods to anyperson, who fails to comply with this Policy, the rules of an applicable thirdparty, 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 asmisconduct, disorderly, disruptive, annoying, illegal, vulgar (includingwithout limitation use of vulgar or abusive language toward Event staff orother attendees), intoxicated, violent, abusive, threatening, uncomfortable,aggressive, or out of compliance with this Policy or the applicable thirdparty’s terms, conditions, directions, rules or policies (including withoutlimitation possession of prohibited items) (all of the above in this sentence,collectively, “RemovalBehavior”). Removal Behavior of any of type will automaticallyterminate this license and all your rights. For the avoidance of doubt, theexercise of Producer’s ejection rights hereunder does not entitle you or anyguest to a refund of the package or any part thereof.

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

Event credentials should be kept in a safeplace at all times. Credentials cannot be replaced if lost, stolen ordestroyed, and are valid only for the Event for which they are issued. It isunlawful to copy, duplicate or otherwise reproduce any credential in any form.Packages or credentials obtained from unauthorized sources may be counterfeitand worthless. Producer is not responsible for any loss or inconvenience causedby any unauthorized duplication of a package or a credential. In the eventduplicate copies of packages or credentials are presented, Producers reservesthe right to refuse entry to the Event for all persons presenting suchduplicated packages or credentials.

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

 

 

2. Refunds and Exchanges

ALL SALES, PURCHASES, AND PARTIALPURCHASES/DEPOSITS UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, ANDNON-TRANSFERABLE. NO REFUNDS WILL BE GRANTED FOR ANY REASON. NO EXCHANGES. NORESALE. NOT REDEEMABLE FOR CASHALLRIGHTS RESERVED. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOIDYOUR PACKAGE AND PURCHASE AND YOU WILL NOT RECEIVE A REFUND. ANY AND ALL EXCURSIONS AND/OR ACTIVITIESRESERVED, BOOKED, AND/OR OTHERWISE SELECTED THROUGH THE GUEST PORTAL ARE FINAL,NON-REFUNDABLE, AND NON-TRANSFERABLE. A VALID PASSPORT IS REQUIRED FOR TRAVELOUTSIDE OF THE UNITED STATES OF AMERICA. CERTAIN COUNTRIES (INCLUDING WITHOUTLIMITATION THE UNITED STATES OF AMERICA) MAY HAVE ENTRY AND RE-ENTRYREQUIREMENTS. IF THE EVENT IS OUTSIDE OF THE UNITED STATES OF AMERICA, PLEASEBE SURE THAT YOU HAVE A VALID PASSPORT AND ARE WILLING AND ABLE TO COMPLY WITHALL 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 ANYREASON. THEREARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHERCIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE EVENT. IT IS RECOMMENDED THATYOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY, WHICH MAY COVERCERTAIN UNFORESEEN EVENTS.

 

IF THE EVENT FOR WHICH ANY PURCHASED TICKET ISRESCHEDULED OR CANCELLED, NEITHER THE PURCHASER NOR ANY OF THEIR GUESTS SHALLBE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW OR OTHERWISEDETERMINED BY PRODUCER IN ITS SOLE DISCRETION. IF THE EVENT IS RESCHEDULED, PURCHASERAND 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 THETIME OF CANCELLATION. If Producerelects, in its sole discretion, to refund any purchased packages, service feescharged by the Ticketing Website are non-refundable.

Before purchasing your package, carefullyreview your event and your selections. You agree that you will not attempt toevade, avoid, or circumvent any refund prohibitions in any manner with regardsto the package you purchased. Upon purchase, you agree that the credit cardthat 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 filewith 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 suchcredit card expires, is invalid, is deleted or is otherwise not capable ofeffecting payment on the dates set forth in your Payment Schedule, we and/orthe Ticketing Website will give you notice to the email you provided above anda period of 10 days to effect the payment. If we do not receive payment withinsuch period, this Agreement will be deemed to be cancelled and all prioramounts will be forfeited. Once your Initial Down Payment is received the priceof the Purchased Items will not change. The Purchased Items will be set aside andheld until the Final Payment made. You may pay the remaining balance at anytime prior to the Final Payment. Without limiting the generality of theforegoing, you will not seek a “chargeback” or any type of payment reversal forany reason from the company whose credit card you used to purchase yourpackage. Should you do so, your package may be canceled, and we may, in oursole discretion, refuse to honor pending and future package purchases.

If you participate in a Payment Plan, youunderstand and agree that the Payment Plan is subject to the terms of the Truthin Lending Act (“TILA”).You hereby acknowledge your awareness that: (i) you are not being assessed afinance charge for participating in the Payment Plan; (ii) the Balance is notsubject to any assessed interest; (iii) you are not subject to any pre-paymentpenalty 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 herebyfurther acknowledge that you have been provided with all necessary informationrelating to the purchase of your package and your participation in the PaymentPlan, and that Producer has your express authorization to process payment ofthe Balance and the Payment Plan.

In purchasing packages, you may be linked to athird-party site. PRODUCER IS NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTYSITES (INCLUDING WITHOUT LIMITATION THE TICKETING WEBSITE), INCLUDING PURCHASESMADE ON THOSE SITES. You should review the terms and conditions found on thesethird-party sites and make whatever investigation you feel necessary orappropriate before proceeding with any online or offline transaction with anythird party. Producer does not endorse any of the products or merchandise, norhas Producer taken any steps to confirm the accuracy or reliability of, any ofthe information contained in such third-party sites or content. Producer doesnot make any representations or warranties as to the security of anyinformation (including, without limitation, credit card and other personalinformation) you might be requested to give any third party, and you herebyirrevocably 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 providingany tickets to, any other person(s), the you recognize that you are acting asthat person’s agent in obtaining the tickets, and due to this agencyrelationship, you agree to this Policy on behalf of any person or guest to whomyou deliver any of the packages or credentials you obtain, and you shall notifyany such person of this Policy when you deliver a package or credential to thatperson. Any person who obtains a package and/or credential from another personagrees 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 uponentry to, or otherwise in connection with your attendance at, the Event. Youhereby consent to such searches and forever waive any and all related claimsthat could arise. If you elect to withdraw such consent to such searches, youmay 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 Eventfacility, venue or premise, without refund or other compensation. Under certainfacility rules, certain items may not be brought into certain events orpremises, including, without limitation, alcohol, drugs, controlled substances,weapons of any kind (including toy weapons), professional cameras and recordingdevices, 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 otherinformation released by us, or and any other item the Organizers (definedbelow) deem to be inappropriate for the Event or that may present a potentialsafety risk. Breach of this Policy or any applicable third party’s terms,conditions, rules or policies will terminate your license to attend the Eventwithout refund or other compensation.

 

 

4. Cancelled or Postponed Events;Refunds.

EVENT DATE AND TIME SUBJECT TO CHANGE. ARTISTAND 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 purchaseare 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 premiseowner(s) or operator(s), or other third party(ies) responsible for the stagingof an Event or other elements of your purchase (collectively, the “Organizers”),respectively, in each of their sole discretion, and no such change shallentitle you to a refund or any other remedy in the event that you cannot attendfor any reason due to such change unless agreed to in writing by Producer. Anyelement 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 thereasonably foreseeable control of the Organizers, the Organizers will not beliable to you or any other party because of any failure to perform hereunderdue to fire, earthquake, rain, lightning, earthquakes, hurricanes, storms,windstorms, washouts, adverse weather conditions, flood, acts of nature, otheracts of God, power failures, electrical or mechanical difficulties, nuclearreaction, radioactive contamination, explosions, strikes, lockout, workstoppages or other labor disturbances, governmental regulations orrestrictions, terrorism, war, civil disturbances, protests, riots or civilcommotion, insurrections, acts of public enemies or other hostilities, threatsof bombs or similar interruptions, vandalism, accidents, collision, equipmentor 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 otherpathogens), travel bans or restrictions, quarantine restrictions,considerations of the safety of, or property damage to, any Hotel or any Eventvenue, 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 similaror dissimilar to any of the foregoing, beyond the reasonably foreseeablecontrol of the Organizers (“Force Majeure”).

Delay in the performance of this Policy or thefailure of Producer to perform or provide the element(s) of your purchasecaused by any Force Majeure shall not constitute a breach of this Policy or aground for cancellation, suspension or termination hereof. For the avoidance ofdoubt, postponement, relocation or cancellation of Events due to weatherconditions or Force Majeure events is beyond our control and we will not issueany refund or exchange for such events, unless otherwise agreed to in writingby Producer in its sole discretion. If the Event is cancelled for any otherreason, refunds for purchase/ package will be made at the sole discretion of Produceror in accordance with the applicable law. Your purchase is considered as a“rain or shine” final purchase. If the Event is canceled, postponed orrescheduled we will not refund incidental expenses that you may have incurredas a result of your plans to attend the Event including, but not limited to,transportation expenses, hotel reservations, or rental car costs. We are notresponsible 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 isyour responsibility to verify information regarding rescheduled Event dates andtimes 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 oraspect of the Event. Artists, schedules, production elements, vendors, artexhibits, amenities, and all other aspects of the Event are subject to changewithout notice and without grounds for refund. Nothing contained herein isintended to be, nor shall it be construed as a right or guarantee tospecifically attend any particular act on any particular date to be performedby any particular Artist. Producer makes no guarantee that any Event attendee willbe able to attend every performance or see any particular act or Artist. If wechoose, in our own discretion, to issue you a refund for your package due to acanceled or postponed Event, we will issue a refund of the package price and arefund may be limited only to the portion of the package that was unable to beconsumed due to such cancellation. In no event will delivery charges or anyother 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, andthat your image may be captured on film, video, or photographs that maysubsequently be displayed or disseminated without your consent or payment ofcompensation to you, and you release each of the Released Parties from anyliability due to such capturing, display, or dissemination.

 

By purchasing a package to the Event, attendingthe 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 allother persons or entities associated or involved with the Event, the right tofilm and otherwise record you and use your name, image and likeness in any andall media (now known or hereafter devised) throughout the world in perpetuityfor 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 anyother record of the Event, for advertising and promotional purposes as well asin, on or in connection with future events and/or other events produced byProducer or any of Producer’s affiliates and hereby release Producer and eachof their respective designees, successors, assigns, licensees and affiliatesfrom any liability with respect thereto. You acknowledge and understand thatall copyright rights in the images shall be owned by Producer in perpetuity andwaives any inspection or approval rights.

 

Without limiting anything set forth herein, bypurchasing 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, withoutlimitation, your name, address and email address) with its parent, subsidiary,member and other affiliated companies and with other third parties in connectionwith the operation of our and/or their business. Examples include: (a) paymentprocessing 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) websiteevaluation, (h) data collection, storage, management, and analysis, (i)internet-based, targeted and/or online behavioral advertising, (j) Producer andits affiliates’ partners and clients (e.g., events, artists, tours, festivals,sporting events, production companies, etc.), and/or (k) any other servicesdesigned to assist us and/or our affiliates in maximizing our and/or theirbusiness potential and profits.

 

You acknowledge that all logos and symbolsassociated with Producer and/or with the Event are trademarks owned by Producerand its affiliates and that Producer has the exclusive right to license andenforce those trademarks and any other trademarks, copyrights, and otherintellectual 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 EVENTIMAGERY (defined below) IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDINGWITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OFCOMMERCIAL 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, attendingthe 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 anyimagery 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 anyproduct or service, and does not purport or appear to be an official website ofthe Event or Producer); and (3) displaying on social networking websites, suchas Instagram and Facebook (as long as the display of the Event Imagery on thesesites is not commercial or promotional in any manner and the social mediaaccount is not affiliated with any commercial enterprise).

 

YOU UNDERSTAND AND ACCEPT THAT YOU MAY NOT MAKEANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM PRODUCER, OTHERTHAN PERSONAL USE AS DEFINED ABOVE. You understand that you have no right tosell, transfer, license, sublicense, or give Event Imagery to any other party,except for Personal Use, and agree to inform anyone to whom Event Imagery isgiven 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 anyapplicable laws, ordinances and/or regulations at or in connection with theEvent and/or activities corresponding to your transactions with Producer and/orvia the Ticketing Website; (b) you are of sufficient legal age and authority toenter into any transaction with Producer and/or via the Ticketing Website, toattend the Event, and to create legal binding obligations for any liability youmay incur as a result of entering into this Policy; (c) you are an authorizeduser of the credit or debit card used enter into any transaction with Producerand/or via the Ticketing Website; (d) you shall at all times be in compliancewith any and all terms, conditions, policies and rules set forth by Producerand/or any applicable third party; (e) you have obtained any and all passports,visas, health information and/or other permission necessary (including withoutlimitation any country’s entry and re-entry requirements) inconnection with your transaction with Producer and/or via the TicketingWebsite; and (f) you will not attempt to charge back your purchase with yourbank or credit card company.

 

7. Third Party Aspects of the Event.

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

 

You agree to abide by the terms and conditionsof 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 thethird party’s rules and restrictions regarding availability and use of goods,products and/or services. Some hotels and resorts or other third parties mayrequire you to present a credit card or cash deposit upon check-in to coveradditional expenses incurred during your stay. Such deposit is unrelated to anypayment received by Producer for your hotel booking or other transaction. Somehotels and resorts or other third parties may require you to present a validPassport upon check in. You acknowledge that some third parties offeringcertain services and/or activities may require you to sign their liabilitywaiver prior to participating in the service and/or activity they offer. Youunderstand that any violation of any such third party’s rules and restrictionsmay result in cancellation of your reservation(s), in your being denied accessto 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 suchviolation.

 

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 readand sign additional documents, for example, without limitation, agreements inconnection with transportation providers, tour operators or a hotel or otheraccommodations. You hereby agree to execute and deliver to Producer or itsdesignees any and all such documents consistent herewith or otherwisereasonably necessary for your purchase to be fulfilled or to effectuate thepurposes of this Policy when and as directed by Producer or applicableauthority. In case of your refusal or failure to so execute or deliver, orcause to be so executed and delivered, any document or other instrument hereinprovided for within three (3) days (unless Producer reasonably requires aresponse in less time due to exigencies), then in such event, you hereby nominate,constitute and appoint Producer and Producer shall therefore be deemed to beyour 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 onyour behalf. If you fail or refuse to execute such documents and Producerelects not to execute such documents on your behalf, then Producer reserves theright, without refund of any portion of the price paid or other compensation toyou, to refuse admission or to eject any person from any applicable facility orevent, and/or withdraw or refuse to begin applicable services or provideapplicable goods. 

 

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

The Event(s) may have enhanced health and safetymeasures in place due to the COVID-19. You (as well as any of yourguests/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 governmentor health authorities, including, but not limited to rules with respect tomasks, social distancing, health screening activities (including COVID-19tests), and vaccination requirements. You will follow all instructions whenentering any Event Hotel or Event facility, venue or premise, and whileattending the Event, whether posted or otherwise communicated verbally or inwriting by Organizer staff, employees, representatives or contractors, police,or government or health authorities. If you (or any of your guests/invitees) refusesor fails to comply with any health rules, regulations, terms, conditions and/orinstructions for the Event, you acknowledge and agree that you may not bepermitted 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, andconsent to, Organizer and Organizer staff, employees, representatives, orcontractors conducting public health safety screening activities by methodsselected by Organizer, any Event Hotel or Event facility, venue or premise, orgovernment or health authorities. As a result of such public health safetyscreening activities, you acknowledge and agree that you and yourguests/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 havemedical 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 allresponsibility for any such actions.

 

You and your guests should refrain fromattending 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 exposureand infection to COVID-19 is not currently possible, and in connection theretoit shall be the sole responsibility of you, as well as any of yourguests/invitees, including on behalf of any minors accompanying any of the foregoing,to utilize their best efforts to avoid any action or omission which mayjeopardize 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 associatedactivity or performance, and you have not been advised otherwise by a qualifiedmedical professional; and (b) in the 14 days prior to the Event date you havenot (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 diagnosedwith, tested positive for, or treated for COVID-19, or (iii) been sick orexhibited 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, lossof taste or smell, and/or general malaise. 

 

BY ATTENDING THE EVENT, ENTERING ANY EVENTHOTEL OR EVENT FACILITY, VENUE OR PREMISE, orusing any corresponding amenity,YOU, FOR YOURSELF AND ON BEHALF OF YOUR GUESTS/ INVITEES (INCLUDING MINORSACCOMPANYING YOU OR YOUR GUESTS/ INVITEES) (COLLECTIVELY, THE “RELEASINGPARTIES”), VOLUNTARILY ASSUME ALLRISKS RELATED TO EXPOSURE TO OR INFECTION BY COVID-19 OR ANY OTHER COMMUNICABLEDISEASE OR ILLNESS, OR A BACTERIA, VIRUS, OR OTHER PATHOGEN, AND ACKNOWLEDGEAND 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 ASSUMPTIONOF ALL OF THE RISKS, THE RELEASING PARTIES HEREBY IRREVOCABLY AGREE THAT THERELEASING PARTIES WILL NOT SUE OR CLAIM AGAINST THE RELEASED PARTIES FOR ANYINJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ANY RELEASING PARTY OR SUCH RELEASINGPARTY’S PROPERTY OR THE RELEASING PARTY’S DEATH OR DISABILITY, WHETHER INCONNECTION WITH THE ILLNESS(ES), HARM(S), OR OTHERWISE, RESULTING OR ARISINGOUT OF OR IN ANY WAY RELATED TO PREPARATION FOR, TRAVEL FOR, ATTENDANCE AT, ANDPARTICIPATION IN THE EVENT AND USING THE BENEFITS AND ELEMENTS OF THE PURCHASEINCLUDING, WITHOUT LIMITATION, INCLUDED SERVICES AND THIRD-PARTY PROVIDEDSERVICES PURCHASED HEREUNDER. THE RELEASING PARTIES FURTHER HOLD EACHOF THE RELEASED PARTIES AND ALL PERSONS PARTICIPATING IN ANY MEDICAL TREATMENTHARMLESS 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 INCONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PRODUCER EXPRESSLY DISCLAIMS ALLREPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUTLIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USEOR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALLWARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OFPERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

 

You acknowledge and agree that by purchasing apackage 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 engagingin 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 inconnection with: (a) the actions, inactions or negligence of a third party, andparticipants, 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 swimmingin or otherwise entering any body of water during your stay at a resort that’spart of your package; and (h) other risks that are not known or foreseeable atthis time.

 

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

 

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

 

 

12. Release and Limitation of Liability.

the releasing parties EXPRESSLY ASSUME ALLRISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, WHETHER SUCH RISK ORDANGER OCCURS PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT AND ASSUMESFULL 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 STATUTORYDUTY; 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 CLAIMSOF 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 TORELEVANT 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 THEIRBEHALF, 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 deemedto 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 toyou. The terms and conditions set forth in this Policy represent the entireunderstanding and agreement between you and Producer relating to the precisesubject 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 orunenforceable for any reason then such provision shall be ineffective to theextent of the court’s finding without affecting the validity and enforceabilityof any remaining provisions.

 

This Policy shall be governed by and enforcedaccording to the laws of the State of Tennessee without regard to any rulesrelating to conflicts of laws. You understand that any claim or dispute arisingout of or in connection with this Policy must be brought exclusively in thefederal or state courts located in Davidson County, Tennessee, and you willsubmit to the personal jurisdiction of such courts for the purpose oflitigating all such claims or disputes.

 

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

You understand that this Policy may be changedby Producer prior to the Event, and if so, the revised Policy will apply to you.The most current version can be found here _______________[ 1] . Your attendance at theEvent or entry to any Event facility, venue or premise signifies your bindingagreement to the Policy in effect at the time of your entry to the Event.

 [ 1] [ 1]Insertlink to page where current version will live