ULTRA MUSIC FESTIVAL PAYMENT PLAN FOR 2020 EVENT TERMS AND CONDITIONS
This is a legal agreement (“Agreement”) by and among you (“Purchaser”), Event Entertainment Group, Inc., a Florida corporation (“EEG”) and certain of EEG’s subsidiaries, affiliates, designees, successors and assigns (collectively “Event Organizer”) with principal offices located at 201 South Biscayne Boulevard, Suite 800, Miami, Florida 33131. PLEASE REVIEW THIS AGREEMENT CAREFULLY, INCLUDING THE ARBITRATION OF DISPUTES PROVISION IN SECTION 10, WHICH DESCRIBES HOW DISPUTES (AS DEFINED BELOW) SHALL BE RESOLVED BETWEEN EVENT ORGANIZER AND PURCHASER.
ALL SALES AND PAYMENT PLAN RESERVATIONS ARE FINAL AND NON-TRANSFERABLE; PAYMENT PLAN RESERVATIONS CANNOT BE CANCELLED; NO REFUNDS, NO EXCHANGES, NO RESALE, AND NOT REDEEMABLE FOR CASH.
- The Payment Plan Fees. As a convenience to certain Purchasers, Event Organizer is offering on a limited basis, and to a limited number of Purchasers, the option to first reserve, then later purchase, General Admission tickets to the upcoming 2020 Ultra Music Festival (the “Payment Plan”). The Payment Plan allows for installments payable over a fixed period of time as specified, and pursuant to the applicable terms and conditions set forth in this Agreement. The total sum of the Payment Plan includes (i) the face value of the General Admission ticket of $449.95; (ii) Florida sales tax of $31.50; (iii) facility charges of $27.00; (iv) service charges of $45.00; (v) credit card transaction and processing fees of $16.60; (vi) a one-time Payment Plan service charge of $9.95; and (vii) applicable shipping charges, which vary depending on locations. The total amount that Purchaser will pay under the Payment Plan for (i) U.S. transactions is $598.90; (ii) Canadian transactions is $603.90; and (iii) International transactions is $614.90. If Purchaser does not agree with the above applicable fees, do not enroll in the Payment Plan for the 2020 Ultra Music Festival.
- The Installment Due Dates. The Payment Plan shall be paid in 5 monthly installments as follows: (i) Payment 1 is due upon enrolling into the Payment Plan, and that amount may be higher than the remaining installments because it includes the one-time Payment Plan service charge and (ii) Payments 2-5 are due on the first day of each month thereafter, commencing on November 1, 2019 and ending on February 1, 2020. If, for any reason, any of Purchaser’s payments are declined, in whole or in part, then ALL OF THE FOLLOWING WILL APPLY: (i) Purchaser’s order and Purchaser’s ticket reservation will be permanently and officially cancelled following Event Organizer’s email notification to Purchaser of the failed payment attempt(s) and following an opportunity by Purchaser to update the credit card information on file within 10 calendar days of Event Organizer’s initial notification(s) of such payment failure; (ii) Event Organizer will retain a $99.95 restocking fee; (iii) the remaining portion of the Purchaser’s initial deposits or prior payment(s) shall be refunded back to the credit card on file for the Payment Plan order; and (iv) no other Payment Plan tickets may be purchased under the cancelled account. Purchaser acknowledges and agrees that, until ALL payments required hereunder are made in accordance with the terms and conditions set forth herein, Purchaser’s enrollment and participation in the Payment Plan operates ONLY as a ticket reservation and not as an actual ticket purchase. During the term of the Payment Plan, Purchaser’s ticket order shall be reserved until final payment is made and received, and ONLY at such time, shall Purchaser’s tickets be deemed to have been officially purchased. Such purchase shall then be scheduled for delivery in accordance with Event Organizer’s standard shipping, delivery and pick-up rules, terms and conditions.
- Ticketing and Payment Processing. The Payment Plan shall be administered by SHOWCLIX, INC., Event Organizer’s authorized ticketing administrator and payment processor, a Third-Party Processor (such term is later defined in Section 6). All inquiries relating to either Payment Plan transactions as processed by SHOWCLIX, INC. or to Purchaser’s participation in the Payment Plan must be directed to SHOWCLIX, INC. for handling. SHOWCLIX, INC. can be contacted using the below information:
650 Smithfield Street
Pittsburgh, PA 15222
9:00am-9:00pm (EST Monday-Friday)
10:00am-6:00pm (EST Saturday-Sunday)
- Eligibility Requirements. In order to participate in Event Organizer’s Payment Plan, Purchaser must be at least 18 years of age or older. Enrollment in, and use of, the Payment Plan services shall be void where prohibited and participation in Event Organizer’s Payment Plan shall only be available to online users. Purchaser may only participate in the Payment Plan if Purchaser intends to first reserve, and later purchase tickets using Purchaser’s credit card via Event Organizer’s online systems.
- Selection of Payment Participants. Only a limited number of General Admission tickets shall be made available for Event Organizer’s Payment Plan and individuals eligible to enroll in the Payment Plan shall be determined on a first-come, first-served basis. Event Organizer may, at any time, and with or without advanced notice, increase or decrease the number of tickets available under the Payment Plan, terminate or discontinue offering the Payment Plan service.
- Data Provided to Third Party Sites; Links. Event Organizer’s services, including the Payment Plan, may contain links to websites of third parties. By virtue of Purchaser’s enrollment and participation in Event Organizer’s Payment Plan, Purchaser may be directed to a third-party website(s) including, without limitation, websites controlled and operated by independent ticket processors, merchant and on-line payment processors and administrators, or fraud detection, monitoring and management service providers (“Third Party Processors”), among others, and Purchaser acknowledges that such Third Party Processors’ sites are not under the direct or indirect control of Event Organizer and that Event Organizer is not, and shall not be, held responsible for the handling or processing of any information obtained from, or provided by, Purchaser to such Third Party Processors or for any changes or updates to such Third Party Processors’ terms and conditions or to their websites. Purchaser additionally acknowledges and agrees that all Third-Party Processors may subject Purchaser to additional terms and conditions in addition to those set forth in this Agreement. Although Event Organizer and its Third Party Processors may occasionally use various ways of verifying information that Purchaser has provided, Purchaser nonetheless acknowledges and agrees that Event Organizer and its Third Party Processors shall have no liability to Purchaser arising from, or relating to, any incorrectly verified information as verified by Event Organizer, or any Third Party Processor. Purchaser further acknowledges and agrees that Event Organizer shall not be responsible or liable for any loss or damage whatsoever incurred by Purchaser as a result of any such dealings with Third Party Processors.
- Disclaimer of Warranty. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EVENT ORGANIZER PROVIDES THE TICKETS FOR THE PAYMENT PLAN ON AN “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PAYMENT PLAN.
- Limitation of Damages. IN NO EVENT SHALL EVENT ORGANIZER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF, OR RELATING TO, THE USE OF THE PAYMENT PLAN PROVIDED BY THIRD PARTY PROCESSORS, EVEN IF EVENT ORGANIZER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES WILL EVENT ORGANIZER’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNT OF $50.00 OR ITS EQUIVALENT.
- Indemnification. Purchaser agrees to indemnify, defend, covenant not to sue, and hold harmless Event Organizer and each of its officers, directors, employees, principals, agents and related third parties for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs at the trial and appellate levels) directly or indirectly relating to, or arising from, any claim regarding (i) Purchaser’s use of, or inability to use the Payment Plan; (ii) Event Organizer’s discontinuation of the Payment Plan service; (iii) Purchaser’s violation of any of the terms or conditions of this Agreement; (iv) Purchaser’s default of any or all of the payment terms associated with the Payment Plan; or (v) Purchaser’s violation of any applicable laws, rules or regulations. Notwithstanding the foregoing, Event Organizer further reserves the sole and exclusive right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Purchaser, and Purchaser shall fully cooperate with Event Organizer in asserting any available defenses.
- Arbitration of Disputes. Purchaser and EEG acknowledge and agree that any disputes arising from, or relating to (i) the Payment Plan, (ii) any relationship or dispute between Purchaser and EEG, (iii) Purchaser and Event Organizer, or (iv) Purchaser and any company or person employed by or which is affiliated with either EEG or Event Organizer, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this Section 10 and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Florida Arbitration code to the maximum extent permitted by applicable law. In no event shall Purchaser commence a chargeback dispute with Purchaser’s credit or debit card issuer relative to the Payment Plan purchased hereunder or regarding any amounts forfeited hereunder or similar charge reversal. Purchaser further acknowledges and agrees that Event Organizer shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall be conducted at the AAA office located in Miami, Florida. Any proceeding to enforce this arbitration agreement must be brought in the Florida state court or, if jurisdiction permits, in the U.S. District Court in the Southern District of Florida or in any Florida court of competent jurisdiction with venue lying in Miami-Dade County, to the exclusion of all other forums. This contract shall be governed and construed in accordance with the laws of Florida, excluding Florida’s choice-of-law principles, and all claims relating to, or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Florida, excluding Florida’s choice-of-law principles.
- Right to Seek Injunction. Violation of this Agreement by Purchaser shall cause Event Organizer irreparable harm, and Purchaser therefore acknowledges and agrees that Event Organizer shall be entitled to seek extraordinary relief in court, including, but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to, and without prejudice to, any other rights or remedies that Event Organizer may have for a breach of this Agreement.
- Severability. If any term or provision of this agreement is found to be invalid, illegal, or otherwise unenforceable, The unenforceable provision shall not affect the otherwise valid terms or provisions or the whole of this agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties will be construed and enforced accordingly.
- Miscellaneous. If any term or provision of this agreement is found to be invalid, illegal, or otherwise unenforceable, The unenforceable provision shall not affect the otherwise valid terms or provisions or the whole of this agreement. the applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties will be construed and enforced accordingly.
- Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Revision Date. This Agreement was last revised on September 19, 2019.
Copyright © 2019 Ultra Enterprises Inc.
All RIGHTS RESERVED.