Event Terms & Conditions
Event Terms & Conditions
THIS AGREEMENT WILL BE FULLY REVIEWED AND ACCEPTED BY CUSTOMER AT THE TIME OF PURCHASE. CUSTOMER, AND ALL OTHER GUESTS LISTED ON THE ORDER, WILL ALSO BE REQUIRED TO PHYSICALLY OR DIGITALLY SIGN A COPY OF THIS AGREEMENT PRIOR TO THEIR TRIP DEPARTURE. THE EVENT TERMS & CONDITIONS IS SUBJECT TO CHANGE PRIOR TO THE EVENT DATE AND CUSTOMER WILL BE NOTIFIED IN ADVANCE OF ANY SUCH CHANGES.
Relationship of Parties
This Agreement is between you (“You” or “Ticket Holder”), on the one hand, and Laughlin Entertainment, LLC d/b/a Mexico Jazz Experience (“Organizer” ) on the other hand, where the particular Mexico Jazz Experience event (“the Event”) is taking place on the advertised dates (“Event Date”) and location ( the “Venue”, “Resort” or “Hotel”) that you have purchased. You expressly acknowledge and agree that:
Tickets and Terms of Sale
- Tickets (or any other entry credential) (collectively, “tickets”) sold through Organizer’s website(s) or the Event’s official ticketing service provider’s website or otherwise issued by the Organizer to a Ticket Holder grant to the Ticket Holder a revocable license to attend the Event that may be revoked at any time for any reason. Resale or attempted resale of any issued ticket at a price higher than the face value is grounds for seizure or cancellation without refund or other compensation. Tickets are only transferable through authorized resellers, in the Organizer’s sole discretion. Tickets should be kept in a safe place at all times. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the Event for which they are issued. It is unlawful to copy, duplicate or otherwise reproduce any ticket in any form. Tickets obtained from unauthorized sources may be counterfeit and worthless. Organizer is not responsible for any loss or inconvenience caused by any unauthorized duplication of a ticket. In the event duplicate copies of a ticket are presented, the Organizer reserves the right to refuse entry to the Event for all persons presenting such duplicated tickets.
- The terms of sale of each ticket issued pursuant to a transaction initiated on this website or the Event’s official ticketing service provider’s website are subject to any and all terms imposed by Organizer, including without limitation Organizer’s refund and Event cancellation policies. In order to be admitted to the Event, each attendee must present the ticket in its original, undamaged, unaltered form, to the venue at the appropriate time.
- ALL SALES ARE FINAL. NO REFUNDS WILL BE GRANTED FOR ANY REASON. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH ANY PURCHASED TICKET IS RESCHEDULED OR CANCELED, NEITHER THE PURCHASER NOR THE TICKET HOLDER SHALL BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW OR OTHERWISE DETERMINED BY ORGANIZER IN ITS SOLE DISCRETION. IF THE EVENT IS RESCHEDULED, THE TICKET HOLDER SHALL HAVE THE RIGHT TO USE THE TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME. IF THE EVENT IS CANCELED (AND NOT RESCHEDULED), ORGANIZER WILL ESTABLISH POLICIES AND PROCEDURES FOR PURCHASED TICKETS AT THE TIME OF CANCELLATION.
- If the Organizer elects, in its sole discretion, to refund any purchased ticket, service fees charged by the Event’s ticketing service provider, if any, are non-refundable. Tickets bear no cash value and are not redeemable for cash. Tickets are not subject to exchange except as expressly provided above. If issued as a complimentary ticket, the ticket is not exchangeable or redeemable for another ticket to or for any other event or performance or for any other consideration, present or future, monetary or otherwise. PURCHASER AGREES TO NOT FILE A CHARGEBACK OR ANY TYPE OF PAYMENT REVERSAL FOR ANY REASON.
- In purchasing tickets, you may be linked to a third-party site. ORGANIZER IS NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY SITES, INCLUDING PURCHASES MADE ON THOSE SITES. You should review the terms and conditions found on these third-party sites and make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. Organizer does not endorse any of the products or merchandise, nor has Organizer taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. Organizer does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any Claim (defined below) against the Released Parties (defined below) with respect to such sites and third-party content.
- If Purchaser is obtaining tickets for, or providing any tickets to, any other person(s), the Purchaser recognizes that they are acting as that person’s agent in obtaining the tickets, and due to this agency relationship, Purchaser agrees to these Terms and Conditions on behalf of any person (including, without limitation, any Ticket Holder) to whom Purchaser delivers any of the tickets they have obtained, and the Purchaser shall notify any such person of these Terms and Conditions when they deliver a ticket to that person. If Ticket Holder has obtained a ticket from another person, Ticket Holder agrees to these Terms and Conditions when the ticket is delivered to them.
- Organizer is not responsible, or liable to you, for any loss, damage, injury, or any other claims or expenses arising from or related to the Event. Your decision to make payment in connection with the Event to book a room and/or purchase an Event ticket constitutes your acknowledgment of and consent to all of the terms and conditions set forth herein, including the limitations of liability respecting the Organizer and any approved ticketing partners and ticketing websites, which may be amended in Organizer’s sole discretion, including: www.mexicojazzexperience.com, and Friendly Sky (each an “Authorized Third-Party Ticket Seller”).
- These Terms and Conditions shall be governed by and enforced according to the laws of the State of Arizona without regard to any rules relating to conflicts of laws. Ticket Holder understands that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in Arizona, and Ticket Holder will submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. No agency, partnership, joint venture or other relationship is intended or created by your attendance at the Event or use of the Sites. These Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied. These Terms and Conditions (including, without limitation, any and all waivers, releases, and agreements to indemnify contained herein) are intended to be interpreted and enforced to the fullest extent allowed by law. If any provision of these Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected and will continue in full force and effect. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each section is for reference purposes and no way defines the scope or extent of such a paragraph.
- TICKET HOLDER ACKNOWLEDGES THAT TICKET HOLDER HAS READ AND FULLY UNDERSTANDS THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, AND ALL OTHER POLICIES, CODES OF CONDUCT AND OTHER INFORMATION REGARDING THE EVENT AND ORGANIZER CONTAINED ON THE SITES. TICKET HOLDER UNDERSTANDS THAT TICKET HOLDER HAS GIVEN UP SUBSTANTIAL RIGHTS, AND TICKET HOLDER DOES SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.
EVENT DATE AND TIME SUBJECT TO CHANGE. Artists and set times are subject to change without notice. ALL RIGHTS RESERVED. The Event may feature multiple artists. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular act on any particular date to be performed by any particular artist. Management makes no guarantee that any Ticket Holder will be able to attend every performance or see any particular act or artist.
Organizer is not liable for acts of God, acts of nature, weather conditions, fires, floods, lightning, earthquakes, hurricanes, storms, windstorms, washouts, nuclear reaction, radioactive contamination, strikes, labor shortages, stoppage, disturbances or disputes, protests, war, explosion, riots or civil commotion, insurrections, terrorism, acts of public enemies or other hostilities, threats of bombs or similar interruptions, vandalism, accidents, collision, equipment or machinery breakage, epidemic, pandemic (including without limitation the COVID-19 pandemic), widespread plague or disease (including without limitation, of COVID-19 or other communicable or infectious diseases, bacteria, virus, or other pathogens), travel bans or restrictions, quarantine restrictions, considerations of the safety of, or property damage to, any Event venue, facility, or premise (including, without limitation, the Venue), sanctions, acts, orders, rules, regulations or restraints (whether valid or invalid) of any governmental or quasi-governmental entity or agency (whether international, domestic, federal, national, state, or local) or any official acting under color of authority, or any other acts, matter or things, whether or not of a similar nature, which are beyond the control of Organizer. Unless otherwise agreed by Organizer in its sole discretion, tickets are non-refundable even if the Event is terminated early or canceled, or entry conditions are modified, due to governmental regulation, the failure to obtain required governmental permits, any conditions beyond Organizer’s control, or any force majeure event described above. Management reserves all rights not expressly granted to the Ticket Holder by these terms.
~Payment in Full
If you choose the pay in full option, you shall pay the full balance at the time of booking with a credit card or other accepted electronic payment method.
If you chose the payment plan option, you are agreeing that your deposit and all monthly payments are subject to all terms and conditions set forth herein and in the Purchase Agreement, including the payment plan terms below. ALL DEPOSITS ARE NON-REFUNDABLE.
Payment plan terms:
- Deposit: a minimum deposit per package ($500.00) is required at the time of booking. By selecting the payment plan option there is an added payment plan set up fee of $250.00 of which is added to your total balance owed.
- Monthly payments: the remaining balance will be divided equally over the remaining months with the first installment due no later than 30 calendar days from the initial deposit and the final payment due no later than 30 calendar days before the event. The specific payment schedule will be set forth at the time of purchase.
- You agree that if you partake in a payment plan, you agree that the credit card you have on file will be charged on the dates set forth in the payment schedule outlined during the purchase process. If the card expires, is invalid, or deleted or is otherwise not capable of effecting payment, you shall be provided notice via email and given five (5) calendar days to provide an alternative payment method and complete payment. Should you fail to make payment, you will be considered in default, the purchase will be canceled and all previously paid amounts forfeited.
- If a payment plan is in default and the seats and room are released, they may be re-sold to another customer and you will have to purchase new seats and room based on availability at that time.
Rates include accommodations at SECRETS BAHAI MITA SURF & RESORT in Puerto Vallarta, Mexico, for the Event nights, all concerts taking place at the Venue, all meals and drinks are included in the all-inclusive package at the Resort. Rates do not include roundtrip airport transfers to and from the Resort and gratuities, flights, certain activities and excursions, and certain Resort offerings, which are not part of the all-inclusive package for the Event. Rates do not include unlimited mini-bar stocking or room service in some cases.
CHANGES TO RESERVATIONS
If applicable, seats are selected by you at the time of booking. In cases where your selection causes the creation of an empty single seat, the Organizer has the right to relocate your seats. Organizers will be allowed to move seats within a seating section no more than one row forward or backward, or 2 seats to the left or right.
Complimentary name changes will be accepted until 30 calendar days prior to the event for all but the lead guest. All name additions and changes starting within 30 calendar days prior to the event will be subject to the name change fee of $75.00 per person. The LAST DAY to submit name changes is 7 calendar days prior to the Event start date.
Upgrades or Downgrades
ALL GUESTS ARE REQUIRED TO HAVE A VALID PASSPORT – NO EXCEPTIONS. You will be traveling outside of the country for this event and it is MANDATORY that you have a valid passport (unless you live in the country where the Event is taking place).
The U.S. State Department has enacted the “Western Hemisphere Travel Initiative.” U.S. and Canadian citizens will be required to carry a valid Passport for travel. For complete details, read this Article on the US Department of State’s web page. Also note that the U.S. State Department may change their policies from time to time and the Organizer cannot be liable for such changes or how those changes may impact your ability to attend the Event.
You are responsible for obtaining all travel documents as well as complying with Customs and Immigration or any other governmental requirements. You will be required to comply with any and all security measures imposed by governments or other authorities, which are subject to change. Your failure to possess the required travel documents may prevent you from being able to travel. In such an event, no refunds shall be provided to you.
Late Check Out Fees
Each property maintains its own specific check-in and check-out times from rooms. In the event you remain in your guestroom past the check-out time, the Organizer has the right in its discretion to charge you late check out fee(s) of $1000.00, according to the actual time of check out or departure from the room(s), whichever time is later. If you remain in your room past 3pm on the date of check-out, the Organizer has the right to charge you for an extra night at the rate posted by the Organizer.
Health Considerations and Medical Treatment
Ticket Holder agrees to comply with any and all health rules, regulations, terms, and conditions of the Event, whether established by Organizer, any Event facility, venue or premise (including, without limitation, the Venue), or government or health authorities, including, but not limited to rules with respect to masks, social distancing, health screening activities (including COVID-19 tests), and vaccination requirements. Ticket Holder will follow all instructions when entering any Event facility, venue or premise (including, without limitation, the Venue), and while attending the Event, whether posted or otherwise communicated verbally or in writing by Management staff, employees, representatives or contractors, police, or government or health authorities. If Ticket Holder refuses or fails to comply with any health rules, regulations, terms, conditions and/or instructions for the Event, Ticket Holder acknowledges and agrees that Ticket Holder may not be permitted to attend the Event and/or may be removed from the Event.
Ticket Holder authorizes, and consents to, Management and Management staff, employees, representatives, or contractors conducting public health safety screening activities by methods selected by Management, any Event facility, venue or premise (including, without limitation, the Venue), or government or health authorities. As a result of such public health safety screening activities, Ticket Holder acknowledges and agrees that Ticket Holder may not be permitted to attend the Event.
Ticket Holder consents to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. Ticket Holder releases each of the Released Parties and all persons participating in any such medical treatment from all responsibility for any such actions.
By attending the Event or entering any Event facility, venue or premise (including, without limitation, the Venue), Ticket Holder certifies that: (1) you are (as of the Event date) physically able to attend and participate in the Event and in any associated activity or performance, and you have not been advised otherwise by a qualified medical professional; and (2) in the 14 days prior to the Event date you have not (a) been diagnosed with, tested positive for, or treated for COVID-19, (b) knowingly been in contact with COVID-19 or any person that has been diagnosed with, tested positive for, or treated for COVID-19, or (c) been sick or exhibited any symptoms of COVID-19 which include (without limitation) fever, headache, chills, diarrhea, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, loss of taste or smell, and/or general malaise.
BY ATTENDING THE EVENT OR ENTERING any Event facility, venue or premise (INCLUDING, WITHOUT LIMITATION, THE VENUE), TICKET HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO OR INFECTION BY COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS, OR OTHER PATHOGEN, AND ACKNOWLEDGES AND AGREES THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH TO YOU OR YOUR FAMILY. Ticket Holder holds each of the Released Parties and all persons participating in any medical treatment harmless should Ticket Holder contract any illness, disease, bacteria, virus, pathogen or any other malady while attending the Event or as a result of attending the Event.
Persons who have a physical or mental disability or a medical condition must report them to the Organizer IN WRITING VIA EMAIL AT THE TIME THE RESERVATION IS MADE or at the time the medical condition is discovered, whichever comes first. Failure to provide such information to the Organizer could lead to cancellation of your reservation subject to payment of cancellation penalty if sufficient time is NOT provided to make adequate determination of medical conditions or requirements. The Organizer reserves the right to revoke or refuse passage to anyone who may require treatment, care, or attention beyond that which the Resort can or agrees to accommodate or provide. Guests who require special dietary needs or who have other special needs must notify the Event in writing via email at the time of booking or at least 60 calendar days prior to the Event start date.
The Event does not allow any kind of pets, or therapy or emotional support animals. To be classified as a service animal, the guest must advise the Organizer in writing via email within 15 calendar days of booking. The guest will be required to provide any and all documentation requested by the Event, the Resort, U.S. Customs and Immigration, and any local or other applicable customs and immigration authorities. In addition, the guest will be required to sign a waiver and may also be subject to certain limitations in regards to accessing areas of the resort and concert viewing areas.
Guests must be 18 years or older to be admitted to the Event, unless accompanied by an adult.
Guest Code of Conduct
Organizer is committed to creating a safe, comfortable and enjoyable entertainment experience for all guests. By attending the Event, you agree to comply with the Organizer’s Guest Code of Conduct, as follows:
- Guests must consume alcoholic beverages in a responsible manner
- Guests will sit only in their ticketed seats or standing locations and show their tickets and sow credentials when requested
- Guests will enjoy every event free from disruptive behavior, including foul and
abusive language and/or obscene gestures
- Guests who engage in abusive behavior, throw objects or attempt to enter the
Event restricted areas will be subject to ejection
- Guests are not permitted to either have signs or wear clothing with obscene or
- Guests must comply with hotel operations and emergency response procedures
- Guests are encouraged to report inappropriate behavior
Refusal of Entry/Termination of Trip or Event
[Organizer and its Authorized Third-Party Ticket Sellers provide only third-party sales and marketing services for the purpose of booking travel arrangements at the Resort for the Event. The Organizer and its Authorized Third-Party Ticket Sellers shall not be liable or responsible for any injury, property damage, loss, delay, inconvenience, or other fees, costs, or expenses caused in whole or in part by the negligence, acts, errors, or omissions, on the part of any third party, or any supplier of services of goods or of agents selected by you or your travel agent. This includes, but is not limited to any Customer’s stay at the Resort or property in connection with the Event, any pre and post nights added to reservations for the Event, and related travel.
Any violation of the Guest Code of Conduct shall subject you to ejection from the event. The Organizer may, in its sole and exclusive discretion, require any person to withdraw from the Event if it is deemed that your or such person’s actions or conduct is offensive, disorderly and/or a nuisance, and in such event the Organizer shall have no liability to you or such other person as a consequence of the early or other termination of your trip and/or event, or be required to pay you any refund.
The following items are prohibited inside any Event venue, facility or premise (including without limitation, the Venue): pets; glass bottles, cans, cups or coolers; video cameras or recording devices of any kind; cameras with detachable lenses; outside food, beverage or alcoholic beverages, drugs or drug paraphernalia, or any substances classified as illegal by the local municipality, or the United States or Mexico federal government; sharp objects; weapons of any kind; explosive and flammable materials; shade umbrellas, canopies, or tents; chairs; drones or unmanned aerial vehicles (UAVs); tables or stands; push carts or wagons with wheels; ropes or lines used to reserve areas; massagers; laser pens/pointers; eye drops; markers, pens, or spray paint; large chains or spiked jewelry; stickers or flyers; large purses, bags, or camelbacks (anything larger than 10in x 10 in); and any other item Management deems to be inappropriate for the Event or that may present a potential safety risk. Ticket Holder agrees to comply with all applicable laws and/or venue or facility rules, including without limitation any rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, and other prohibited items from being brought into any Event facility, venue or premise (including without limitation, the Venue). The following items are expressly permitted: clear/transparent bags, backpacks and fanny packs; factory sealed water bottles for personal consumption (up to 1 liter); non-professional cameras; cell phones; lighters; cigarette packages, tampons, packs of gum, chapstick, and lip gloss; glowing/illuminated costumes or jewelry; sunglasses and hats; sealed liquid sunscreen and cosmetic products; disposable e-cigarettes and nicotine vaporizer pens; guide dogs for persons with disabilities and other service animals (subject to Organizer’s discretion and approval).
Zero Tolerance Policy
In accordance with local, state, federal and international laws, the Organizer maintains a strict zero tolerance policy regarding the illegal use, possession, purchase, or distribution of controlled substances. Any violation of this policy will result in immediate ejection from the Event as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases Organizer shall not be liable for any refund or other compensation or damages, and reserve the right to refuse entry at any future Events.
The Organizer reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with Organizer’s zero tolerance policy or is otherwise disorderly or conducting themselves in a way that is in violation of the rules of an applicable third party (resort, hotel, DMC, tour operator, supplier, excursions company, ground transportation provider, etc.) and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by Organizer or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with this policy or the applicable third party’s terms, conditions, rules or policies, in whole or in part, or whose conduct is deemed by Organizer or the applicable third party as illegal, disorderly, vulgar, abusive, threatening, aggressive, or out of compliance with the applicable third party’s terms, conditions, rules or policies.
Video or audio recording, filming, or photographs may occur at the Event which may be owned, licensed, assigned, or distributed nationwide and worldwide by the Resort, the Organizer, their affiliates or assignees. By acknowledging these Terms & Conditions at the time of booking a reservation for the Event, you acknowledge, and agree that the Organizer, the Resort, and their affiliates and assignees, are granted and authorized to use your likeness and/or appearance on any film, video, or other media or video format now known or hereinafter developed, in any manner whatsoever. Other than in connection with the Event, the Organizer, and/or the Resort, no such picture or footage including your image shall be used in a manner that directly implies your sponsorship or support of any product, service, company, or political cause. You will not receive any compensation for any such use, and waive any right to bring any action in law or equity against the Organizer, the Resort, their affiliates or assignees arising from the use of your image or likeness.
Without limiting anything set forth herein, by purchasing a ticket to the Event, attending the Event, and/or entering any Event facility, venue or premise, you acknowledge and agree the Organizer may share your personally identifiable information (including, without limitation, your name, address and email address) with its parent, subsidiary, member and other affiliated companies and with other third parties in connection with the operation of our and/or their business. Examples include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product and service customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution for various events, (g) website evaluation, (h) data collection, storage, management, and analysis, (i) internet-based, targeted and/or online behavioral advertising, (j) Organizer and its affiliates’ partners and clients (e.g., events, artists, tours, festivals, sporting events, production companies, etc.), and/or (k) any other services designed to assist us and/or our affiliates in maximizing our and/or their business potential and profits.
Photography and Video Policy
Video recording is strictly prohibited at the Event. No professional photography equipment may be used unless approved in advance and in writing by the Organizer. Small handheld cameras without interchangeable lenses are acceptable for personal use only. DSLR’s (Digital Single Lens Reflex Cameras) are not allowed for guest use at the event. Commercial use of photography and video is strictly prohibited.
NO VENDING OF ANY KIND IS ALLOWED at the Event. This means, DO NOT make t-shirts, hats, posters, jewelry, or anything else to sell at the Event. Any and all unauthorized merchandise will be confiscated. This policy will be strictly enforced.
Experiences are offered for your enjoyment at a moderate extra cost. Each experience is operated by local tourist service companies. The excursions are not under the control of the Organizer. Experiences include, for example: hotel stays off resort property, car rentals, water sports, sightseeing excursions, dive programs, restaurants, transportation by air, rail, bus, or other means, and any other service provided by a third party tour operator or destination management company. Neither the Organizer nor any Authorized Third-Party Ticket Seller shall be liable for the services and facilities provided by independent or third party contractors, or any loss, damage, injury, death, illness, costs or expenses arising from or related thereto (including but not limited to any delays or cancellations).
ONLY VIP EXPERIENCE packages include ground transportation in the price which is provided by a third-party vendor. The Organizer will assign a vendor approximately 90 days prior to the Event and notify you via email at that time. You are responsible to provide your flight and traveler information to the authorized vendor no later than 15 calendar days prior to the Event. The ground transportation company is an independent contractor and neither Organizer or any Authorized Third-Party Ticket Seller shall be liable for any loss, damage, injury, or related loss or expense, arising from services and/or facilities provided by independent contractors.
Responsibility and Limitation of Liability
TICKET HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, WHETHER SUCH RISK OR DANGER OCCURS PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT AND ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THEIR ATTENDANCE AT AND PARTICIPATION IN THE EVENT.
TICKET HOLDER EXPRESSLY HEREBY FOREVER RELEASES AND DISCHARGES, AND AGREES NOT TO SUE, Organizer, THE EVENT’S FACILITIES, VENUES, OR PREMISES THE EVENT’S PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, TICKETING SERVICES PROVIDER, ADVERTISING AGENCIES AND SPONSORS, and/or all other persons or entities associated or involved with the Event (collectively “Management”) and their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, managers, board members, shareholders, insurers, agents, staff, employees, volunteers, contractors, and representatives (collectively the “Released Parties”), with respect to any and all claims, liabilities, suits, or expenses (including attorneys’ fees and costs) (“Claims”) that Ticket Holder has or may have that arise from or are incidental to the Event, including without limitation any Claims for any injury, damage, death, or other loss in any way connected with: the risks listed herein or attendance at or participation in the Event, including without limitation use of any Event facility, venue or premise (including, without limitation, the Venue), howsoever caused; negligence, whether passive or active, of the Released Parties; and/or any breach by the Released Parties of statutory duty. Ticket Holder understands that you agree hereby to waive all claims you may have against the Released Parties and agree that neither you, nor your estate, heirs, assigns or beneficiaries nor anyone else acting on your behalf, will make a claim against the released parties for any injury, damage, death, or other loss you may suffer.
Ticket Holder expressly agrees to protect, defend, indemnify, and save the Released Parties harmless (“indemnify” meaning protect by reimbursement or payment, including attorney’s fees and expenses) with respect to any and all Claims brought by or on behalf of Ticket Holder, Ticket Holder’s spouse or partner, a family member, or any other person, for any injury, damage, death, or other loss in any way connected with the risks listed herein or attendance at or participation in the Event, including without limitation use of any Event facility, venue or premise (including, without limitation, the Venue), without limit and without regard to the cause or causes or negligence, whether passive or active, of the Released Parties, and/or any breach by the Released Parties of any legal duty. This release and indemnity section includes, but is not limited 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, or any other claim, including claims resulting from the negligence of Released Parties, whether passive or active, related to the Event.
Resort information and descriptions seen on the Event website and on other third-party websites (including, without limitation, photographs, videos, editorials, amenities, and property descriptions) are provided by the Resort, suppliers, and service providers. This information is provided to serve as a general guideline and while we direct you to such information as a reference, neither Authorized Third-Party Ticket Seller nor the Organizer guarantee the accuracy of such information.
Resort and/or other third-parties may require you to present a credit card or cash deposit upon check-in to cover incidentals and additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Organizer in connection with the Event or related transaction.
You acknowledge that third parties offering certain services and/or activities may require you to sign their own liability waivers prior to participating in the service and/or activity they offer. You understand that any violation of any such third party’s rules and restrictions may result in cancellation of your reservation(s) for the Event, in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in the Organizer debiting your account for any costs incurred as a result of such violation. Neither Authorized Third-Party Ticket Seller nor the Organizer liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such third parties or for any personal injuries, death, property damage or other damages or expenses related therein.
It is understood and acknowledged that the Organizer is an outside, independent entity and does not own, retain, or have any control over the Resort or property or properties where the Event take place, and that the Organizer is unaffiliated with and has no control over third-party contractors or service providers. By participating in and attending the Event, you voluntarily assume all risks of loss, damage, or injury while at the Event and at any resort, hotel, or related properties. You acknowledge and agree that neither Authorized Third-Party Ticket Seller nor the Organizer are liable, and that no claim shall be asserted against Authorized Third-Party Ticket Seller or the Organizer. for or arising from any liability, injury, loss or damage to property, injury, or death, including any attorney’s fees, that may be sustained by you at or in connection with the Event. This release shall be binding upon you, and your heirs, next of kin, executors and personal representatives.
Organizer shall have no liability for overbooking done by the hotel.
Your Representations and Warranties
Without limiting anything set forth in this agreement, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with Organizer and/or via the ticketing website; (b) you are of sufficient legal age and authority to enter into any transaction with Organizer and/or via the ticketing Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this agreement; (c) you are an authorized user of the credit or debit card used to enter into any transaction with Organizer and/or via the ticketing website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Organizer and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with Organizer and/or via the ticketing website; and (f) you have been provided the opportunity to seek independent legal counsel in connection with this agreement, and that by accepting it (signing) you represent and warrant that you understand all of the foregoing terms and agree to them.
If any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability. All other terms shall remain in full force and effect and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
This Agreement may be executed in separate counterparts, each of which shall be considered an original but all of which shall constitute one agreement. Original signatures shall not be necessary; but, rather, you may deliver to the Organizer a signed copy of the agreement via facsimile machine or electronically, which shall have the same binding effect as if original signed agreement had been delivered.
Consent to Electronic Communication
Ticket Holder agrees that we may provide electronically any and all communications concerning the Event or tickets as well as any disclosures required by federal or state law. Ticket Holder’s consent applies not only to the Event and the tickets but also to any ancillary agreement related to these and to any future tickets obtained through us.
These Terms and Conditions shall be governed by and enforced according to the laws of the State of Arizona without regard to any rules relating to conflicts of laws. Ticket Holder understands that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in Arizona, and Ticket Holder will submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. No agency, partnership, joint venture or other relationship is intended or created by your attendance at the Event or use of the Sites. These Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied. These Terms and Conditions (including, without limitation, any and all waivers, releases, and agreements to indemnify contained herein) are intended to be interpreted and enforced to the fullest extent allowed by law. If any provision of these Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected and will continue in full force and effect. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each section is for reference purposes and no way defines the scope or extent of such a paragraph.
Ticket Holder further understands that these Terms and Conditions may be changed by the Organizer prior to the Event, and if so, the revised Terms and Conditions will apply to the Ticket Holder. The most current version can be found here: __________________________ . Ticket Holder’s attendance at the Event or entry to any Event facility, venue or premise (including without limitation, the Venue) signifies Ticket Holder’s binding agreement to the Terms and Conditions in effect at the time of Ticket Holder’s entry to the Event.
TICKET HOLDER ACKNOWLEDGES THAT TICKET HOLDER HAS READ AND FULLY UNDERSTANDS THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, AND ALL OTHER POLICIES, CODES OF CONDUCT AND OTHER INFORMATION REGARDING THE EVENT AND ORGANIZER CONTAINED ON THE SITES. TICKET HOLDER UNDERSTANDS THAT TICKET HOLDER HAS GIVEN UP SUBSTANTIAL RIGHTS, AND TICKET HOLDER DOES SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.
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We value your patronage and want nothing more than to give you the most incredible music vacation experience – one that is filled with joy and excitement – to last a lifetime!