Ticketing Terms and Conditions – Ultra Music Festival 2024￼
TICKETING TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT, WHICH IS A LEGALLY BINDING DOCUMENT, INCLUDES, AMONG ITS OTHER TERMS, RESTRICTIONS, LIMITATIONS AND CONDITIONS (INCLUDING LIMITATIONS ON LIABILITY), ASSUMPTIONS OF RISK, A NO REFUND POLICY (AND OTHER RELATED RESTRICTIONS), ARBITRATION MANDATES RELATIVE TO DISPUTE RESOLUTION AND WAIVERS OF IMPORTANT LEGAL RIGHTS.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS, MANDATES AND/OR OTHER CONDITIONS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR IF YOU DO NOT AGREE TO ASSUME, THE RISK(S) TO YOU AS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE A TICKET, DO NO UTILIZE THE SERVICES BEING OFFERED BY US, DO ENTER OR ATTEND THE EVENT(S) OR VENUE AND/OR DO ENTER INTO OR ASSENT TO THE TERMS OF THIS AGREEMENT.
1. Definitions. For the purpose of this Agreement, the following definitions shall apply:
- “Bearer” shall refer to the actual Event attendee and person in possession, utilizing and/or presenting a valid Ticket (including e-tickets) at any point of entry, check-in and/or at entrance gates for entry into any aspect of the Event or Venue.
- “Event” shall mean that certain 3-day 2024 Ultra Music Festival in Miami and any rescheduled portions thereof (if, and to the extent applicable).
- “Event Organizer” shall refer to Event Entertainment Group, Inc., a Florida corporation with registered offices located at 201 South Biscayne Boulevard, Suite 800, Miami, Florida 33131, and shall include its successors and assigns.
- “Purchaser” shall refer to the person who purchased a valid Ticket for the Event.
- “Site” shall refer to http://www.ultramusicfestival.com.
- “Venue” shall refer to either Bayfront Park or such other venue as determined by Event Organizer.
2. License. By purchasing a valid ticket (“Ticket(s)”) or by presenting a valid Ticket for entry to the Event, Purchaser and/or Bearer each respectively agree that such Ticket purchase or presentation for entry into the Event constitutes a revocable license agreement with Event Organizer relative to the Event (the “License” or “Agreement”) and the terms of such License are set forth in this Paragraph and throughout these Terms. Event Organizer hereby grants Bearer the right to access the Venue in accordance with specified access rights that correspond to the Ticketing product purchased and such access rights are limited, non-exclusive, revocable and at all times subordinate to that certain third-party master license agreement between Event Organizer and Bayfront Park Management Trust. Event Organizer may elect to revoke this License WITHOUT ADVANCE NOTIFICATION and may elect to deny Purchaser or Bearer access to the Venue for cause, including on account of, disorderly conduct, possession of contraband, trespass, breach of this License and other wrongful acts of Purchaser or Bearer. Purchaser and Bearer further acknowledge and agree that this License may be subject and subordinate to a third-party master license agreement to which Event Organizer and/or certain of its affiliates may be the licensee, including that certain Revocable License Agreement dated June 27, 2022 by and between the Bayfront Park Management Trust and Event Organizer. Purchaser and Bearer hereby agree not to contravene or frustrate the terms of such third party license agreement but instead agree to comply with the terms of such third party agreement and also agree to indemnify, defend and hold harmless the third party licensor (Bayfront Park Management Trust) from any and all claims arising from or relating to any violations of this Agreement by Purchaser or Bearer. IF PURCHASER OR BEARER DO NOT AGREE WITH THESE TERMS OR DO NOT INTEND TO BE BOUND BY THESE TERMS, PURCHASER OR BEARER, AS APPLICABLE, SHOULD NOT PURCHASE A TICKET, UTILIZE THE SERVICES OFFERED ON THE SITE OR ENTER OR ATTEND THE EVENT.
3. No Refund Policy. TICKETS ARE NOT REFUNDABLE. Once “gates open,” all scheduled days of the Event shall be deemed to have been fully delivered in its entirety and same shall NOT BE SUBJECT TO ANY REFUNDS (whether full or partial), credits, rebates, future benefits or price adjustments of any kind.BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
a. Full Cancellation. If none of the days of a scheduled Event are produced and whereby gates never opened for any of such scheduled Event days, or in the event of the invocation a Force Majeure that results in gates never opening for any of the scheduled Event days, Event Organizer may, at its option and in its sole and absolute discretion, elect to either (A) ISSUE A FULL OR PARTIAL REFUND TO PURCHASER OR (B) RESCHEDULE THE EVENT OR AN APPLICABLE PORTION THEREOF, subject to the terms and limitations set forth in Paragraph 3 above.
b. Partial Cancellation. If some, but not all, of a previously scheduled Event are not produced, EVENT ORGANIZER SHALL, SUBJECT TO THE LIMITATIONS SET FORTH IN PARAGRAPH 3, AND IN EVENT ORGANIZER’S SOLE AND ABSOLUTE DISCRETION, HAVE THE RIGHT, BUT NOT THE OBLIGATION TO ELECT TO EITHER (A) ISSUE PURCHASER A PARTIAL REFUND COMMENSURATE WITH THE CANCELLED PORTION OF THE EVENT, (B) RESCHEDULE THE CANCELLED PORTION OF THE EVENT FOR A FUTURE DATE, AND/OR (C) OFFER PURCHASER A COMPARABLE MAKE GOOD OR BENEFIT (AS DETERMNED BY EVENT ORGANIZER) INCLUDING AN ONLINE PRODUCTION FEATURING TALENT OF A SIMILAR STATURE OR SIMILAR EXPERIENCE.
c. Force Majeure. Defined a Force Majeure includes matters outside the control of the Event Organizer, including but not limited to, governmental acts, public health issues, acts of God, war, civil unrest, riots, production delays, strikes, natural disasters, inclement weather (regardless of severity), or inaccessibility or unavailability of the Venue.
d. Delayed Venue Opening. Delayed Venue gate openings and/or Bearer’s inability to access specific parts of the Venue or Event including due to Federal, state, municipal or other code regulations, emergency and/or partial or complete Event or stage shutdown or evacuation, performance or Event delays and inclement weather shall NOT ENTITLE PURCHASER (OR BEARER) TO ANY REFUNDS, credits, rebates, future benefits or any price adjustments.
e. Inclement Weather; Performance Delays. Purchaser and Bearer acknowledge and agree that inclement weather and/or performance delays are outside the control of Event Organizer and shall not constitute the basis for a refund or partial refund, rebate, credit, future benefit, or any other pecuniary or other adjustment. UNDER NO CIRCUMSTANCES SHALL PURCHASER (OR BEARER) BE ENTITLED TO ANY TYPE OF REFUND OR OTHER ADJUSTMENT AS A MATTER OF RIGHT DUE TO WEATHER, EVENT OR PERFORMANCE DELAYS OR GOVERNMENTAL ACTS, EXCEPT AS OTHERWISE PROVIDED HEREIN.
g. Lineup Adjustment; Change of Venue. At all times prior to the Event, Event Organizer reserves the right to change the Venue and/or to adjust artist lineups, set times and without prior notice to Purchaser or Bearer. In such cases, Event Organizer shall not be responsible for any exchange rate losses suffered by Purchaser during the order or applicable refund process.
h. No Special Damages; Attorneys Fees. In the event of any Dispute(s), in whatever forum, between or among Purchaser, Bearer and Event Organizer, (1) Purchaser and Bearer acknowledge and agree that neither Purchaser or Bearer shall be entitled to apply for or recover special, punitive, consequential or special damages of any kind, including attorney’s fees and costs (at trial and appellate levels), filing fees, hotel expenses, air travel expenses, etc. and (2) the parties further agree that each shall bear 100% of their respective costs, expert fees, attorneys’ fees and other fees incurred in connection with this Agreement notwithstanding any law to the contrary entitling any Purchaser or Bearer to recover fees and costs from Event Organizer. To the extent that an action is nonetheless brought by a third party on behalf of Purchaser or Bearer in contravention of the terms or spirit of this Agreement, Purchaser and Bearer hereby expressly waive any claim to any form of monetary damages or other damages, or any other form of recovery or relief in connection with any such third party action.
i. Liquidated Damages for Breach by Purchaser. Purchaser agrees that, if Purchaser breaches or threatens to breach any of their obligations under this Section 3 and/or Section 5, damages will be extremely difficult or impossible to establish, ascertain or prove. Therefore, Purchaser knowingly and voluntarily agrees that $5,000 per each General Admission Ticket product and $6,200 per each VIP Ticket product shall constitute an accurate measure of damages sustained by Event Organizer if Purchaser violates terms of this Agreement by initiating a Chargeback or undertaking to receive a refund in contravention of the terms of this Agreement. Purchaser acknowledges and agrees that the liquidated damages stipulated in this paragraph are not grossly disproportionate to any damage that might reasonably be expected to follow from such a breach by Purchaser and that the sums stipulated in this paragraph as liquidated damages are not intended as, and shall not be deemed to constitute, a penalty but instead are only intended to induce full performance by Purchaser of the terms of this Agreement. Event Organizer shall, in addition to its other rights and remedies, also have the right to elect to apply for or to seek, in arbitration, interim or non-monetary relief, specific performance and/or injunctive relief in order to enforce, or prevent any violations of, any provisions of this Agreement by Purchaser (without the posting of a bond or other security) and Purchaser acknowledges and agrees that such relief would be appropriate relief for any such breach and to prevent further breaches.
j. LEGAL NOTICE. ALL TICKET SALES ARE FINAL. THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN THIS AGREEMENT. IF PURCHASER OR BEARER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PURCHASE A TICKET, ENTER THE SITE AND/OR ENTER OR ATTEND THE EVENT. IN THE EVENT OF A DISPUTE BETWEEN THE PARTIES, PURCHASER AGREES NOT TO RAISE ANY CLAIMS OR DEFENSES, INCLUDING ON GROUNDS THAT THE REFUND PROVISIONS SET FORTH IN THIS SECTION ARE EITHER UNCONSCIONABLE, ILLUSORY OR UNENFORCEABLE BECAUSE THE PARTIES LACKED EQUAL BARGAINING POWER OR OTHERWISE AND PURCHASER AGREES NOT TO FILE ANY LEGAL PAPERS OR UNDERTAKE ANY ACTIONS THAT ARE CONTRARY OR INCONSISTENT WITH THE TERMS OR SPIRIT OF THIS PARAGRAPH AND/OR WHICH MAY PREVENT EVENT ORGANIZER FROM RECEIVING THE FULL BENEFITS AND PROTECTIONS CONTEMPLATED BY THE PARTIES UNDER THIS PARAGRAPH.
4. Disclosure of Mandatory and Unavoidable Fees.The final price of a Ticket product is comprised of (i) the Face Value, (ii) Taxes, Assessments, and surcharges, (iii) Additional Fees. The foregoing fees as described in (i), (ii) and (iii) are mandatory and unavoidable and must be paid by the Purchaser as of the Ticket purchasing process.
- Face Value. The Face Value refers to the dollar value of the Ticket product as declared and determined by the Event Organizer.
- Taxes. Taxes, which are added to the Face Value on checkout, refer to assessments, sales and use taxes as assessed by governmental authorities.
- Additional Fees and Ancillary Services. Additional Fees refer to costs that are also added to the Face Value of a Ticketing product on checkout and they relate to and potentially include delivery charges, merchant processing costs, fulfillment fees, customer service support and program administration fees, layaway fees (if and to the extent appliable), as well as, surcharges and facility fees paid to third party venue owners and operators, fees paid to third party ticketing processors and other supply chain vendors for product cost and for Ticketing technologies and applications. and (iii) additional fees and costs (“Additional Fees”). Purchaser acknowledges and agrees that all services that relate to the Additional Fees are critical to the Ticket offering and sale process (collectively the “Ancillary Services”) and that such Ancillary Services have independent, distinct and essential value to the Purchaser. Purchaser further acknowledges and agree that the incorporation of such Ancillary Services shall result in a higher total Ticket price for the goods and services being offered to Purchaser. Purchaser acknowledges that the cost of incorporating and offering such Ancillary Services may increase the overall Ticket price and in some cases as much as 26% of the Ticket’s Face Value depending on the products being offered, excluding Taxes. Purchaser acknowledges and consents that such increase to ticket price is reasonable.
- Surcharges and Facility Fees. Event Organizers may be required to collect and remit to certain governmental authorities, surcharges and facility fees assessed pursuant to certain statutes and ordinances. In anticipation of potential surcharge and facility fee increases that are expected to take effect during an already in progress sale cycle, Event Organizers may forecast and collect surcharges that exceed the amount currently set forth in applicable ordinances in anticipation of paying such excess surcharge over to the proper governmental authorities. If the subject ordinance, however, is not amended to increase the rate of the surcharge during an already in progress sale cycle, Event Organizer reserves the right to elect to either retain the excess surcharge collected or to instead pay over the excess to the proper governmental authorities (even though Event Organizer may not be required by law to do so) but in no event shall the excess surcharge be refunded or returned to Purchaser. Further, Event Organizer collects the surcharge on all Ticket products that Event Organizer sells. However, if a Ticket is sold but not used to gain entry into the Event, Event Organizer reserves the right to elect to either retain the amount of the surcharge Event Organizer collects in connection with the sale of such Ticket or to instead elect to pay the surcharge for such ticket to the proper governmental authorities but in no event shall collected surcharges or any portion thereof be refunded or returned to Purchaser.
- Purchaser Assent. By proceeding to purchase a Ticket pursuant to the foregoing terms and conditions, Purchaser is expressly agreeing to waive any and all potential rights, claims or entitlements Purchaser may have respecting surcharge fees.
- No Refund of Mandatory Fees. In the event that Event Organizer elects in its sole discretion, subject to the terms and limitations set forth in this Agreement, to refund Purchaser, Purchaser shall only be entitled to recover the Face Value of a Ticket, if and to the extent applicable.SERVICE FEES SHALL NOT BE REFUNDABLE.Purchaser agrees to waive, release, forever discharge and covenants not to sue Event Organizer to recover Additional Fees for any reason, including reasons relating to postponements, cancellations, delays, refunds and/or disputes between or among the parties.
- Economic Interests. Purchaser hereby acknowledges that Event organizer has an economic interest in and to receipts generated from the Face Value of each Ticket product sold. Event Organizer may, either directly or indirectly, also have an economic interest in one or more components of the Additional Fees being charged to Purchaser through related party business transactions and affiliations. Event organizer retains no economic interest in and to Taxes collected from Purchasers.
- LEGAL NOTICE. IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS, DO NOT PROCEED WITH THE BUYING OR CHECK OUT PROCCESS AND DO NOT BUY A TICKET.
a. Tickets Non-Refundable; No Chargebacks. Purchaser acknowledges and agrees that any and all Tickets purchased pursuant to the terms and conditions of this Agreement are entirely non-refundable, except to the extent otherwise determined in the sole and absolute discretion of Event Organizer. BY ACKNOWLEDGING AND AGREEING THAT THE TICKETS BEING PURCHASED HEREUNDER ARE ENTIRELY NON-REFUNDABLE, PURCHASER, WITH THE INTENTION OF BEING FULLY BOUND BY THESE TERMS, AGREES NOT TO INITIATE A CHARGEBACK or undertake any similar action(s) that operates, in any way, to dispute, cancel or reverse any portion of a prior and validly purchased Ticket transaction(s) if such action is in contravention of either the terms, conditions or spirit of this Agreement or if the basis for such action relates to an Event being delayed, cancelled, rescheduled (whether in whole or in part) and/or for any reason, including reasons relating to a Force Majeure, governmental action, unforeseen events, inclement weather, production issues, or otherwise (“Chargeback”). Purchaser acknowledges and agrees that by entering into this Agreement, Purchaser is voluntarily and knowingly agreeing to give up certain of Purchaser’s legal rights relating to Purchaser’s entitlement to Chargebacks or to Chargeback protections. The foregoing shall apply even if Purchaser’s Chargeback protection periods have not expired and/or even if Purchaser has other legal rights available to Purchaser respecting Chargebacks.
c. Potential Risk. By entering into this Agreement, Purchaser knowingly and voluntarily assumes the risk of not being able to recover, reverse or recoup the Ticket charges based on an Event being delayed, cancelled, rescheduled (whether in whole or in part) and/or for any reason, including reasons relating to Force Majeure, governmental action, unforeseen events, inclement weather, production issues, or otherwise.
d. Performance; No Penalty. Purchaser and Bearer each also acknowledge and agree that the restrictions specified herein shall not be deemed to constitute a penalty or any other action contrary to public policy but instead are only intended to cause or induce Purchaser and Bearer to fully and strictly comply with the terms and conditions of this Agreement.
e. Material Breach. Purchaser and Bearer each acknowledge and agree that any violation of this provision by Purchaser or Bearer shall constitute a material breach of this Agreement entitling Event Organizer to the damages set forth in this Agreement.
f. LEGAL NOTICE. BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
7. Assumption of Risk; Mitigation.
a. Lost, Stolen or Destroyed Tickets. Event Organizer assumes no legal, financial, or other liability whatsoever for any lost, stolen or destroyed Tickets. Upon delivery of Purchaser and/or Bearer’s Tickets, Event Organizer shall have no further responsibility or legal liability relating thereto. BEARER ASSUMES 100% RISK OF LOSS RELATING TO EVENT PASSES. If Bearer and/or Purchaser obtain Event passes or Ticketing product(s) from any unauthorized source(s), Bearer and/or Purchaser assumes all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit, and in all cases, SUCH TICKET(S) OR PASSES SHALL BE VOID AND DISHONORED. The unlawful or unauthorized resale or attempted resale of Tickets is GROUNDS FOR FORFEITURE of such Tickets and revocation of Bearer’s License WITHOUT COMPENSATION to Bearer and/or Purchaser. This Ticket may not be used by Purchaser or Bearer for advertising, promotion (including, but not limited to, contests, sweepstakes, games and/or any other promotions), or other trade purposes without the express written consent of Event Organizer. Event Organizer also reserves the right to investigate orders suspected to be in violation of this Agreement and shall be the sole and final arbiter regarding violations or potential violations of this Agreement.
b. Purchase of Tickets; Loss or Damage to Personal Property; Personal Injury. Bearer hereby assumes any and all risks, whether or not expressly set forth in this Agreement, as well as any risks or dangers incidental to, or in any way relating to, the Event, the purchase of Tickets hereunder or use of the Site, including those arising from, or relating to, the acts or omissions of third parties (including Artists, Event attendees, Venue owners, operators, staff, employees or agents; or Event Organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees), including risk of loss or damage to Bearer’s personal property and risks of personal injury. Event organizer and its respective indemnitees (as defined below), designees, successors or assigns shall not be held responsible, legally, financially or otherwise, (i) for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or at Venue access/entry points, or (ii) for personal injuries sustained by Bearer arising from, or relating to, the following non-exhaustive list: extremely loud sounds and special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights and fireworks, whether such injuries or manifestation of such injuries occur during or subsequent to the Event. Bearer and Purchaser further acknowledge and agree that Event Organizer shall have no duty to mitigate any Bearer’s or Purchaser’s potential or actual losses sustained hereunder.
c. Public Health. Purchaser and Bearer acknowledge that there may be a risk of exposure to certain communicable diseases in any public place where people are present. Upon entering the Venue, Bearer acknowledges the contagious nature of certain diseases and Bearer nonetheless voluntarily assumes the risk that Bearer may become exposed to or infected with certain diseases by attending the Event. BEARER AND PURCHASER AGREE THAT EVENT ORGANIZER AND ITS RESPECTIVE INDEMNITEES (AS DEFINED BELOW), DESIGNEES, SUCCESSORS OR ASSIGNS SHALL NOT BE HELD RESPONSIBLE, LEGALLY, FINANCIALLY OR OTHERWISE, FOR ANY EXPOSURE TO DISEASE THAT MAY CAUSE PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY AND/OR DEATH. Bearer further acknowledges and agrees that (i) Event Organizer reserves the right to implement public health requirements in order to enhance protections at the Event and to conform with public health regulations, including requirements that are not yet set forth herein, and (ii) Bearer shall comply with such public health requirements at the Event.
8. Disputes; Arbitration. Bearer and Purchaser acknowledge and agree that any disputes arising from or relating to Purchaser’s purchase of Tickets hereunder or any relationship or dispute between Bearer and Event Organizer, Purchaser and Event Organizer, Bearer and any company or person employed by or which is affiliated with Event Organizer, or Purchaser and any company or person employed by or which is affiliated with Event Organizer (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Florida Arbitration code. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY ARE KNOWINGLY AND VOLUNTARILY GIVING UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and further acknowledge and agree that such Dispute(s) will only be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. PURCHASER AND BEARER EACH AGREE THAT NEITHER SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS OR MASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. As to Disputes, Purchaser and Bearer also agree to participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action if applicable). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Consumer Arbitration Rules and such arbitration shall be conducted at the AAA office located in Miami, Florida. Any proceeding to enforce this arbitration agreement must be brought in the Eleventh Circuit Court in and for Miami-Dade County, Florida or, if jurisdiction permits, in the U.S. District Court for the Southern District of Florida with venue lying in Miami-Dade County. Purchaser agrees that arbitration is appropriate in the venue specified in this paragraph and further agrees not to raise any defenses on grounds of forum non-conveniens or lack of personal jurisdiction. PURCHASER AND BEARER EACH ACKNOWLEDGE AND AGREE THAT ANY COSTS ASSOCIATED WITH A DISPUTE SHALL BE SHARED EQUALLY BETWEEN EVENT ORGANIZER AND PURCHASER AND/OR BEARER, NOTWITHSTANDING ANY RULES CONTAINED IN THE AAA CONSUMER ARBITRATION RULES including, but not limited to, rules pertaining to filing fee limitations, mediation fees, case management fees, neutral arbitrator compensation, hearing fees, hearing room rental fees, abeyance fees, expenses, consumer clause review and registry fees, reallocation of arbitrator compensation and AAA administrative fees, and Purchaser and Bearer each waive any fee limitations in favor of Purchaser and/or Bearer contained in the AAA Consumer Arbitration Rules. Purchaser and Bearer further each agree not to raise any defenses on grounds that this provision is void or that this provision is otherwise unenforceable. BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS INCLUDING YOUR RIGHT TO GO TO COURT SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
9. Governing Law. This Agreement and all claims or Disputes relating to or arising out of this Agreement shall be exclusively governed and construed in accordance with the laws of the State of Florida, notwithstanding any contrary choice-of-law principles and venue shall lie in Miami-Dade County.
10. Limitations Period (1-YEAR). IN ORDER FOR A CLAIM, LEGAL ACTION OR DISPUTE TO BE DEEMED TIMELY BROUGHT UNDER SECTION 8 (ARBITRATION) SUCH CLAIM BUST BE PROPERLY FILED WITHIN ONE (1) YEAR OF ACCRUAL OF SUCH CLAIM AS ACCRUAL IS DEFINED BY GOVERNING LAW. If claims or Disputes are not filed within one (1) year of accrual, same shall be forever time-barred and may not be subsequently brought by way of arbitration, by a court or administrative proceeding or otherwise. The parties to this Agreement agree that this section governs all claims, declaratory actions, Disputes and it supersedes any statute(s) of limitations that might otherwise apply. BY ENTERING INTO THIS AGREEMENT YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
11. Limitation of Liability. NOTWITHSTANDING THE TERMS CONTAINED IN SECTION 3, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVENT ORGANIZER OR ANY OF ITS SUBSIDIARIES, SPONSORS OR AFFILIATES, TOGETHER WITH THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY ATTORNEY’S FEES OR OTHER LEGAL COSTS OR DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND. IN ADDITION TO THE FOREGOING, PURCHASER AND BEARER AGREE THAT, IN THE EVENT OF A DISPUTE UNDER THIS AGREEMENT AND BETWEEN OR AMONG THE PARTIES, INCLUDING DISPUTES RELATING TO INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, EVENT ORGANIZER’S AGGREGATE LIABILITY SHALL BE LIMITED, IN ALL CIRCUMSTANCES, TO THE LESSER OF 10% OF THE FACE VALUE OF THE TICKET OR $50. IN THE EVENT OF A DISPUTE BETWEEN OR AMONG THE PARTIES, PURCHASER AND BEARER EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW NOT TO RAISE ANY CLAIM OR DEFENSE THAT THE FOREGOING LIMITATIONS SET FORTH HEREIN ARE EITHER UNCONSCIONABLE, ILLUSORY OR UNENFORCEABLE BECAUSE THE PARTIES LACKED EQUAL BARGAINING POWER OR OTHERWISE AND PURCHASER AND BEARER EACH AGREE NOT TO FILE ANY LEGAL PAPERS OR UNDERTAKE ANY LEGAL ACTIONS THAT ARE CONTRARY OR INCONSISTENT WITH THE TERMS OR SPIRIT OF THIS PARAGRAPH 11 AND/OR WHICH MAY PREVENT EVENT ORGANIZER FROM RECEIVING THE FULL BENEFITS AND PROTECTIONS CONTEMPLATED BY THE PARTIES UNDER THIS PARAGRAPH 11.BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
12. Indemnification. Bearer and Purchaser shall defend, covenant not to sue, indemnify, and hold harmless and forever release and discharge Event Organizer (EVENT ENTERTAINMENT GROUP, INC.), Ticketfreak, LLC, Ultra Enterprises Inc., and Event Organizer sponsors, participants and artists, the City of Miami, Bayfront Park Management Trust, the U.S. Army Corps of Engineers, the third party Venue operator of the Venue’s amphitheater and each of the foregoing’s respective subsidiaries, affiliates, officials, officers, directors, principals, members, employees, personnel, attorneys, authorized agents, predecessors, assigns, successors, licensees, insurers and designees (collectively “Indemnitees”) from any and all third party claims, damages, judgments, losses, relating to, arising from or in connection with, Purchaser’s or Bearer’s negligent or wrongful acts.
13. EVENT FORMAT; “AS-IS”. EVENT ORGANIZER GRANTS THIS LICENSE TO BEARER TO ENTER THE VENUE ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. EVENT ORGANIZER OFFERS NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE AVAILABILITY OF TICKETS, THE PURCHASE OF TICKETS, THE EVENT, THE VENUE, OR THE ARTISTS. EVENT ORGANIZER MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES RESPECTING THE AVAILABILITY OF POTENTIAL SEATING, SITE CONFIGURATIONS, FOOD, BEVERAGE AND/OR MERCHANDISE CHOICES OR AVAILABITY, VIEWING CAPACITY, FORMAT, SITE CONFIGURATION, PRODUCTION QUALITY AND/OR OVERALL PRODUCTION EXPERIENCE. IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS, DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
14. Event Organizer’s Ownership of Work. Event Organizer or its designee(s), successor(s), or assign(s) shall have the right to use, copy, sell, distribute, record, publish, republish, print, display, publicly perform, transmit, create derivative works or incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, photographs, aerial footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Bearer’s name, image, portrait, photograph, voice and/or other likeness without consideration or notification to, and/or without additional consent by, Bearer. Bearer further acknowledges and agrees that Event Organizer or its designee(s), successor(s) or assign(s) shall be the SOLE AND EXCLUSIVE OWNER of any such work in connection with the Venue or Event that contains Bearer’s image, voice and/or likeness.BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
15. Bearer’s Conduct. Event Organizer maintains a ZERO-TOLERANCE POLICY regarding illegal or illicit drug use, unlawful activities and other misconduct in and around the Event and Venue. Bearer, in order to gain entry into the Venue, AFFIRMATIVELY, KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY CONSENTS TO BEING SEARCHED by Event Organizer for the presence of illegal or illicit drugs, weapons, contraband and/or other prohibited items prior to entry to the Venue and/or during Bearer’s presence at the Event or Venue. Bearer hereby acknowledges and agrees that the discovery of any prohibited items shall constitute a material breach of this Agreement and a violation of Event Organizer’s policies and terms and conditions and same shall correspondingly give Event Organizer the RIGHT TO CONFISCATE ANY SUCH PROHIBITED ITEM(S) AND THE RIGHT TO IMMEDIATELY REVOKE Bearer’s License to access the Venue, and to DENY Bearer any further or future entry to the Event or Venue WITHOUT ANY LEGAL OR FINANCIAL LIABILITY to Event Organizer.BY AGREEING TO THE TERMS OF THIS PROVISION YOU ARE POTENTIALLY GIVING UP IMPORTANT LEGAL RIGHTS SO IF YOU DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS (WHICH HAVE THE EFFECT OF LIMITING YOUR LEGAL RIGHTS), DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.
17. Minimum Age. Purchaser acknowledges and agrees that the Event is intended for mature audiences and the Event has an age requirement of 18 years of age. As a condition to gain access to the Venue and attend the Event, Purchaser and Bearer each agree that Bearer is, or will be, 18 YEARS OF AGE OR OLDER on the earliest Event date listed on the front of the Ticket, except that if the Event is a 3-day Event, Bearer shall be required to be 18 years of age on or by the date of attendance. A valid government issued photo identification of Bearer (“ID”) WILL be required to be presented at the Event or other points of check-in in order to gain entry into the Venue. Bearer agrees that the information provided on the ID presented by Bearer is valid, true, and correct and relates to Bearer. Failure to comply with the age requirements hereunder constitutes a material breach of this Agreement by Purchaser and Bearer. In the event of a breach of this provision, Event Organizer reserves the right, WITHOUT THE OBLIGATION TO REFUND ANY AMOUNTS PAID BY PURCHASER, to refuse or revoke entry to the Event and Venue to any person who is not at least 18 years of age on date of attendance.
18. Assignment. Event Organizer shall, at all times, have the right to assign or delegate any or all of its rights, titles, interests or duties under this Agreement without prior notification to, or consent by, either Purchaser and/or Bearer. Neither Purchaser nor Bearer shall have the right to assign any of their respective rights or interests in and to this Agreement without the prior written consent of Event Organizer (which consent may be withheld, delayed or conditioned by Event Organizer in its sole discretion), including any potential claims that Purchaser or Bearer may assert in relation to any Disputes arising under this Agreement. Any attempt to assign any rights under this Agreement in contravention of the terms of this Agreement shall constitute a material breach by Purchaser or Bearer and shall be void.
19. Entire Agreement. This Agreement represents the entire agreement between and/or among Purchaser, Bearer and/or Event Organizer with respect to the subject matter of this Agreement.
20. Severability. If any term or provision is found, by a tribunal of competent jurisdiction, to be invalid, illegal or otherwise unenforceable, the unenforceable provision(s) shall not affect the otherwise valid terms, provisions, spirit of, or the whole of this Agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent, the intent and agreements of the parties set forth in this Agreement.
21. Section Headings. Any Section headings used in this Agreement are for convenience only and shall not be given any legal import.
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT, WHICH IS A LEGALLY BINDING DOCUMENT, INCLUDES, AMONG ITS OTHER TERMS, RESTRICTIONS, LIMITATIONS AND CONDITIONS (INCLUDING LIMITATIONS ON LIABILITY), ASSUMPTIONS OF RISK, A NO REFUND POLICY (AND OTHER RELATED RESTRICTIONS), ARBITRATION MANDATES RELATIVE TO DISPUTE RESOLUTIONS AND WAIVERS OF IMPORTANT LEGAL RIGHTS.BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS AND/OR OTHER CONDITIONS AS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR AGREE TO ASSUME THE RISK(S) TO YOU AS SET FORTH IN THIS AGREEMENT OR DO NOT AGREE WITH OR DO NOT INTEND TO BE BOUND BY THESE TERMS, DO NOT PURCHASE A TICKET, DO NOT REGISTER FOR OR UTILIZE OUR SERVICES AND OR DO NOT ENTER THE VENUE OR ATTEND THE EVENT.