BY PURCHASING A TICKET, THE TICKETHOLDER (“HOLDER” OR “YOU”) AGREES TO THE FOLLOWING TERMS:
1. ASSUMPTION OF RISK, WAIVER AND LIMITATION OF LIABILITY.
(a) Assumption of risk. Holder expressly assumes all risk and danger arising from or incidental to the event for which the ticket is issued (the “Event”), whether such risks occur prior to, during, or subsequent to the actual Event, including specifically (but not exclusively) the dangers (1) that the Event crowd or individual attendees may be inadequately monitored, managed, or controlled by Event security, and as a result may cause personal harm or property damage to the Holder, and (2) that the Holder may be exposed to drugs, alcohol, fighting, or other reasonably foreseeable dangerous conditions or activities prior to, during, or subsequent to the Event, including, without limitation, risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”).
(b) Waiver. Holder forever releases, waives, discharges and agrees not to sue the Event facility, promoters, participants, performers, artists, and the ticketing agency and/or ticketing services provider (collectively “Management” or “us” or “we”) and all of their owners, officers, directors, employees, contractors, representatives, and agents, from any known or unknown claims, losses, damages, liability, demands, actions, injury or death, including those relating to COVID-19 or any other illness or injury that Holder may sustain while at the Event, regardless of whether caused by the negligence or other fault of the Management or any third party (collectively, “Claims” or, as used individually, a “Claim”).
For California residents: I understand that this waiver applies to Claims which I may not know or suspect to exist and I knowingly and voluntarily waive such rights, including those under California Civil Code Section 1542, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
(c) Holder further agrees to indemnify, defend, and hold harmless Management from any and all claims, demands, liabilities and/or damages arising Holder’s conduct, acts or omissions during the Event. In no event shall Management be liable to Holder or any third party for consequential or indirect damages.
(d) Limitation of liability. To the fullest extent permitted by applicable laws, none of the Management are or will be responsible or liable to Holder or to any third party for, and Holder expressly waives all rights to seek any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to the Event (even if Management has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).
2. NO REFUNDS OR EXCHANGE. EVENT DATE AND TIME SUBJECT TO CHANGE. ALL RIGHTS RESERVED. IF THE EVENT IS RESCHEDULED OR CANCELLED, RAIN OR SHINE, THE HOLDER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, THE HOLDER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THIS TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THIS TICKET FOR ANOTHER TICKET, COMPARABLE IN PRICE AND SEATING LOCATION, TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT. This ticket is not subject to any refund, bears no cash value, and is not redeemable for cash. Artist and set times are subject to change without notice. This ticket is not subject to exchange except as expressly provided above. If issued as a complimentary ticket, this ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the Event. It is unlawful to reproduce this ticket or a festival wristband in any form. Management reserves all rights not expressly granted to Holder by these terms.
3. RESERVATION OF MANAGEMENT’S RIGHTS.
(a) Management reserves the right without the refund of any portion of the ticket purchase price, to refuse admission or to eject any person who fails to comply with the rules of the venue, local, state or federal law or whose conduct is deemed illegal, disorderly, or offensive by Management. Conduct of any of the types expressly listed above will automatically terminate this license and all rights of Holder. The exercise of Management’s ejection rights hereunder does not entitle Holder to a refund of the ticket price or any part thereof. This ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at Management’s discretion. Unlawful resale or attempted resale is grounds for seizure and cancellation of the ticket, without compensation, at Management’s discretion.
(b) All persons and vehicles entering the facility are subject to search for contraband, alcohol, controlled substances, weapons, firearms, fireworks, video equipment, or professional recording devices, all of which are expressly forbidden, and subject to confiscation. No refunds/exchanges. Holder bears all risks, including cancellation of the Event, of inclement weather. A ticket or Event wristband that is lost or stolen may not be replaced.
(c) This ticket may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of Management. This ticket is not subject to any refund, bears no cash value, and is not redeemable for cash.
4.RECORDING, TRANSMISSION OR REPRODUCTION PROHIBITED.
(a) No cameras or recording equipment of any kind are allowed at the Event. A violation of this policy will be grounds for revocation of all tickets issued to Holder and/or ejection from the applicable venue.
(b)Holder agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the Event. Holder acknowledges that the Event may be broadcast or otherwise publicized, and grants permission for Holder’s image or likeness to be used in any live or recorded transmission or reproduction of the Event.
(c)As a condition of Holder’s ticket purchase and attendance participation in the Event, Holder hereby grants to Lost Lands, the Event director and host organizations a limited license to use Holder’s name, likeness, image, photograph, voice, video, biographical and other information (collectively, “Likeness”), in any media platform or format whatsoever, and to distribute, broadcast and exhibit these without charge, restriction or liability, but only for the purposes of advertising or promoting the Event. The foregoing grant, however, does not constitute consent for any third party to use Holder’s Likeness in an endorsement of any product or service without Holder’s specific written consent.
5. COMPLIANCE WITH FACILITY RULES. Holder agrees to comply with all local or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles and containers of any kind from being brought into the Event premises.
6. TICKET PRICE. Unless indicated otherwise, prices include all applicable taxes and/or cash discounts (if available). TICKET PRICE IS NONREFUNDABLE EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS AND CONDITIONS.
7.TERMS OF SALE. Tickets grant to the Holder only a revocable license to the bearer that may be revoked at any time for any reason. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. In order to be admitted to the Event, each Holder must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by Management.
8. INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
(a) You and we each may elect to resolve any and all claims and disputes relating in any way to these Terms and Conditions or our dealings with one another (“Disputes”), except for Disputes concerning the validity, scope or enforceability of these Terms and Conditions, through BINDING INDIVIDUAL ARBITRATION (the “Arbitration Agreement”). This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
(b) If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
(c) Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Disputes, including but not limited to anyone for whom you purchase tickets and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
(d) We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Disputes within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of these Terms and Conditions, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void, but shall not invalidate the remaining portions of the Terms and Conditions. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement or these Terms and Conditions. This Arbitration Agreement will survive the termination of these Terms and Conditions, your fulfillment or default of your obligations under these Terms and Conditions, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
(e) YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this Arbitration Agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you purchase your ticket. You must send your request to [email protected]. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement.” If you exercise your right to reject arbitration, the other terms of these Terms and Conditions shall remain in full force and effect as if you had not rejected arbitration.
9. CONSENT TO ELECTRONIC COMMUNICATIONS.
(a) By purchasing a ticket to the Event, you consent to receive disclosures from us electronically through this web site under the terms set forth in this consent (the “Consent”). You agree that we may provide electronically any and all communications concerning your tickets and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans you may obtain through us.
(b) To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software. Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to [email protected]. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please email [email protected]. By purchasing a ticket to the Event, you agree to these Terms and Conditions and you agree to the Arbitration Agreement, and the Consent. If you do not agree to these Terms and Conditions, or the Arbitration Agreement, or the Consent, do not purchase a ticket to the Event.
10. CONSENT TO RECEIVE SMS & MMS NOTIFICATIONS
By providing your mobile number, you agree that we may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials. Message and data rates may apply. You may unsubscribe at any time by texting the word STOP. You may receive a subsequent message confirming your opt-out request. Though we will never charge you for the text messages you receive, depending on your phone plan, you may see some charges from your mobile provider. Please reach out to your wireless provider if you have questions about your text or data plan.