HootieFest: The Big Splash Purchase Policy
(effective as of July 1, 2021)
ALL SALES, PURCHASES, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE.
1. Age Limits; Transaction Information; Revocable License; Refusal of Admission.
ALL SALES ARE FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. A package to the Event or any other related perk may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of Producer. Mexico residents/citizens will be subject to a 16% added VAT tax, which will be charged as an incidental to your credit card provided to your Hotel. Citizens/Residents of countries other than Mexico who do not provide their passport and immigration card upon check-in are subject to a 16% added VAT tax, which will be charged as an incidental to your credit card provided to your Hotel.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO PURCHASE A PACKAGE TO AND/OR ATTEND (WITH A VALID PHOTO IDENTIFICATION) THE EVENT. CHILDREN SEVENTEEN (17) YEARS OF AGE OR YOUNGER MAY ATTEND THE EVENT (FOR FULL PRICE) ONLY IF ACCOMPANIED BY THEIR PARENT OR LEGAL GUARDIAN (WITH VALID PROOF OF SUCH) AT ALL TIMES. NOTWITHSTANDING THE FOREGOING, CERTAIN HOTELS OR RESORTS MAY HAVE HIGHER MINIMUM AGE REQUIREMENTS; PLEASE PAY ATTENTION TO ALL DETAILS OF EACH PACKAGE DESCRIPTION PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED PACKAGES. HOTEL OCCUPANCY IS LIMITED TO THE NUMBER OF GUESTS LISTED IN EACH PACKAGE, AS APPLICABLE (E.G. NO MORE THAN TWO (2) GUESTS MAY UTILIZE A TWO-PERSON PACKAGE).
A package to the Event is a revocable license. We reserve 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 Hotels, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by us or the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable third party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”). Each and every guest who purchases or otherwise wishes to redeem their package and credentials for the Event must: (a) register themselves and their guests with the applicable Event website and/or guest dashboard during the period allotted to all Event guests for such registration; and (b) present proper identification for themselves and their guests upon arrival to the Event. In the event that any guest fails to perform either of the foregoing, we may, at our sole discretion and without refund of any portion of the price paid or other compensation, refuse any such guest’s admission to the Event, which may include, without limitation, refusal to provide Event credentials to any such guests.
Only guests officially registered through the guest dashboard may receive Event credentials. Valid and authorized guests must be physically present to receive Event credentials. No guest may retrieve any Event credentials on behalf of another guest who is not physically present for direct, physical receipt, even if the guest attempting to retrieve such credentials on behalf of the other guest was the primary purchaser of such credentials. Each guest agrees to provide any and all relevant travel-related information required by CID in a timely manner, including, without limitation, airport information and other travel-related information, air travel delays for any flight(s), rescheduling of any flight(s), and/or any other travel-related delay. In the event that any guest fails to provide any such travel information to the satisfaction of CID by the applicable deadline(s) provided by CID or within a timely manner, as determined by CID in its sole discretion, any such guest(s) may experience delays in their specific travel accommodations and transportation secured or otherwise arranged by CID, including, without limitation, check in times and shuttle transportation pick-up and drop-off. All guest names for each package must be submitted within the guest dashboard at least 30 days prior to the Event; provided that after such date, there will be a $100 fee incurred by you to add or change a guest name to your package for check in.
2. Refunds and Exchanges
ALL SALES, PURCHASES, AND PARTIAL PURCHASES/DEPOSITS UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOUR PACKAGE AND PURCHASE AND YOU WILL NOT RECEIVE A REFUND. ANY AND ALL EXCURSIONS AND/OR ACTIVITIES RESERVED, BOOKED, AND/OR OTHERWISE SELECTED THROUGH THE GUEST PORTAL ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. A VALID PASSPORT IS REQUIRED FOR TRAVEL OUTSIDE OF THE UNITED STATES OF AMERICA. IF THE EVENT IS OUTSIDE OF THE UNITED STATES OF AMERICA, PLEASE BE SURE THAT YOU HAVE A VALID PASSPORT PRIOR TO MAKING A PURCHASE, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF YOU ARE UNABLE TO TRAVEL FOR ANY REASON. THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER CIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE EVENT. IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY, WHICH MAY COVER CERTAIN UNFORESEEN EVENTS.
Before purchasing your package, carefully review your event and your selections. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to the package you purchased. Upon purchase, you agree that the credit card that you have on file with us will be charged. If you have made a purchase as part of a Payment Plan, you agree that the credit card that you have on file with us will be charged for the amounts and on the dates set forth in the Payment Schedule outlined during your purchase process. You agree that if such credit card expires, is invalid, is deleted or is otherwise not capable of effecting payment on the dates set forth in your Payment Schedule, we and/or the Ticketing Website will give you notice to the email you provided above and a period of 10 days to effect the payment. If we do not receive payment within such period, this Agreement will be deemed to be cancelled and all prior amounts will be forfeited. Once your Initial Down Payment is received the price of the Purchased Items will not change. The Purchased Items will be set aside and held until the Final Payment made. You may pay the remaining balance at any time prior to the Final Payment. Without limiting the generality of the foregoing, you will not seek a “chargeback” from the company whose credit card you used to purchase your package. Should you do so, your package may be canceled, and we may, in our sole discretion, refuse to honor pending and future package purchases.
If you participate in a Payment Plan, you understand and agree that the Payment Plan is subject to the terms of the Truth in Lending Act (“TILA”). You hereby acknowledge your awareness that: (i) You are not being assessed a finance charge for participating in the Payment Plan; (ii) The Balance is not subject to any assessed interest; (iii) You are not subject to any pre-payment penalty for paying the Balance in advance of the designated Payment Plan dates; and (iv) Late Payment Plan payments are subject to the terms herein. You hereby further acknowledge that you have been provided with all necessary information relating to the purchase of your package and your participation in the Payment Plan, and that CID has your express authorization to process payment of the Balance and the Payment Plan.
3. Search, Ejection and Termination.
You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at, the Event. You hereby consent to such searches and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to the Event, or removed from the Event, without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, laser pointers, strobe lights, irritants, various forms of containers, and any other item noted as prohibited on the FAQs or other information released by us. Breach of this Policy or any applicable third party’s terms, conditions, rules or policies will terminate your license to attend the Event without refund or other compensation.
4. Cancelled or Postponed Events; Refunds.
The Event is a RAIN OR SHINE event, unless otherwise expressly noted in writing. Without limiting the foregoing, the location, date and time of an Event and any other elements of your purchase are subject to change (including, but not limited to, cancellation, postponement or relocation) by CID, the Artist(s), venue owner or other third party responsible for the staging of an Event or other elements of your purchase (collectively, the “Organizers”), respectively, in each of their sole discretion, and no such change shall entitle you to a refund or any other remedy in the event that you cannot attend for any reason due to such change unless agreed to in writing by CID. Any element of your purchase may be cancelled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in the Organizers’ sole discretion, as applicable, or due to the actions or events beyond the reasonably foreseeable control of the Organizers, the Organizers will not be liable to you or any other party because of any failure to perform hereunder due to fire, earthquake, rain, adverse weather conditions, flood, or any other acts of God, power failures, electrical or mechanical difficulties, strikes, lockout, work stoppages or other labor disturbances, governmental regulations or restrictions, terrorism, war, civil disturbances, epidemic, pandemic (including COVID-19), death or illness to any members, crew or family of the performing Artist(s), or any other cause or condition, whether known or unknown, or similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of the Organizers (“Force Majeure”). Delay in the performance of this Policy or the failure of CID to perform or provide the element(s) of your purchase caused by any Force Majeure shall not constitute a breach of this Policy or a ground for cancellation, suspension or termination hereof. For the avoidance of doubt, postponement, relocation or cancellation of Events due to weather conditions or Force Majeure events is beyond our control and we will not issue any refund or exchange for such events, unless otherwise agreed to in writing by CID. If an event is cancelled for any other reason, refunds for purchase/ package will be made at the sole discretion of CID or in accordance with the applicable law. Your purchase is considered as a “rain or shine” final purchase. If an Event is canceled, postponed or rescheduled we will not refund incidental expenses that you may have incurred as a result of your plans to attend the Event including, but not limited to, transportation expenses, hotel reservations, or rental car costs. We are not responsible for the actions of any other Organizers when an event is canceled. Refunds or exchanges will not be made for postponed, relocated or rescheduled Events and you shall only be entitled to attend the rescheduled Event. It is your responsibility to verify information regarding rescheduled Event dates and times prior to attending. Without limiting anything set forth in this Section, your purchase of the package to the Event is not for a specific artist or aspect of the Event. Artists, schedules, production elements, vendors, art exhibits, amenities, and all other aspects of the Event are subject to change without notice and without grounds for refund. If we choose, in our own discretion, to issue you a refund for your package due to a canceled or postponed Event, we will issue a refund of the package price and a refund may be limited only to the portion of the package that was unable to be consumed due to such cancellation. In no event will delivery charges or any other amounts be refunded.
5. Publicity Release; Information Sharing.
By attending the Event, you hereby irrevocably grant to Producer and its members, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future HootieFest: The Big Splash events and/or other events produced by Producer or any of Producer’s affiliates and hereby release Producer and each of their respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto.
6. Representations and Warranties.
Without limiting anything set forth in this Policy, 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 Producer and/or via the Ticketing Website; (b) you are of sufficient legal age and authority to enter into any transaction with Producer 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 Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with Producer 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 Producer 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 Producer and/or via the Ticketing Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company.
7. Third Party Aspects of the Event.
In connection with the Event and your package we might display information about travel locations, tours, services, packages, transportation, hotel accommodations, currency, schedules, various forms of entertainment and many other things and amenities. Much of this information is supplied to us by third parties (e.g., hotels, resorts, transportation companies, artists, concessionaries) and we cannot check the accuracy of such information. Some of the goods and/or services which make up your purchase in connection with the Event are provided by third parties in accordance with their own terms and conditions which may limit or exclude such third party’s liability to you. You understand that any violation of any third party’s terms and conditions may result in cancellation of your reservation, in your being denied access to the applicable aspect of the Event, in your forfeiting any monies paid for such amenity, and/or in our debiting your account for any costs we incur as a result of such violation. You agree that we are in no way responsible for the accuracy, timeliness or completeness of information we may obtain from third parties. Your interaction with any third party is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any third party. IF APPLICABLE, HOTEL/RESORT INFORMATION PROVIDED BY US (INCLUDING, WITHOUT LIMITATION, RATINGS, PHOTOGRAPHS, LIST OF HOTEL/RESORT AMENITIES, AND DESCRIPTIONS OF PROPERTY AND ROOMS) ARE PROVIDED BY THE RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS. THIS HOTEL/RESORT INFORMATION CONSTITUES GENERAL GUIDELINES AND WE CANNOT GUARANTEE THEIR ACCURACY. THEY ARE TO BE USED AS A GENERAL GUIDE AND THE RATINGS AND HOTEL INFORMATION MAY BE AMENDED PERIODICALLY BY THE RESPECTIVE SUPPLIERS TO KEEP CURRENT.
You agree to abide by the terms and conditions of purchase imposed by any third party with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party’s rules and restrictions regarding availability and use of goods, products and/or services. Some hotels and resorts or other third parties may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Producer for your hotel booking or other transaction. Some hotels and resorts or other third parties may require you to present a valid Passport upon check in. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver 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), in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
8. Additional Documents.
Depending on what you purchase from CID, you (and your guests or other members of your party) may be required to read and sign additional documents, for example, without limitation, agreements in connection with transportation providers, tour operators or a hotel or other accommodations. You hereby agree to execute and deliver to CID or its designees any and all such documents consistent herewith or otherwise reasonably necessary for your purchase to be fulfilled or to effectuate the purposes of this Policy when and as directed by CID or applicable authority. In case of your refusal or failure to so execute or deliver, or cause to be so executed and delivered, any document or other instrument herein provided for within three (3) days (unless CID reasonably requires a response in less time due to exigencies), then in such event, you hereby nominate, constitute and appoint CID and CID shall therefore be deemed to be your true and lawful attorney-in-fact irrevocably, to, at CID’s election, execute and deliver all of such documents and instruments in your name and on your behalf. If you fail or refuse to execute such documents and CID elects not to execute such documents on your behalf, then CID 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 any applicable facility or event, and/or withdraw or refuse to begin applicable services or provide applicable goods.
We strive to provide an accessible environment for everyone. Wheelchair accessible and aisle-transfer (semi-ambulatory) seating locations are offered at various price points and locations for most Events, subject to availability. Enhanced accessibility for individuals with hearing loss or low vision and for those who are deaf or blind may also be available. In the event such a seating location is required, you must notify CID at or before the time of purchase. Please select the location or price point that best fits your needs. For more details regarding wheelchair accessible and/or aisle-transfer seating locations, please call (800) 683-4846.
If you use assistive technology (such as a Braille reader, a screen reader, or TTY) and the format of any material on this Web site or our Mobile Applications interferes with your ability to access information, please contact us at firstname.lastname@example.org. To enable us to respond in a manner most helpful to you, please indicate the nature of your accessibility problem, the preferred format in which to receive the material, the Web address of the requested material, and your contact information.
10. COVID-19: Event Protocols, Assumption of Risk, and Release.
CID has undertaken a number of measures to help mitigate the risk transmission of COVID-19 and other contagious illnesses, and the Event(s) may have enhanced health and safety measures in place due to the COVID-19 outbreak in order to prevent further spread of COVID-19. You (as well as any of your guests/ invitees) may be required to follow any policies or protocols put in place by CID , the venue owner and/or operator, or any Event Organizer in order to attend the Event (collectively, the “Protocols”). Additionally, you and your guests should refrain from attending the Event if they believe they have come into contact with COVID-19 or are not feeling well. You, on behalf of yourself and your guests/ invitees (including minors accompanying you or your guests/ invitees) acknowledge that COVID-19 is extremely contagious and that despite the measures CID, the venue owner and/or operator, or any Event Organizer have implemented to help mitigate the risk of transmission, the elimination of risk of exposure and infection to COVID-19 is not currently possible, in connection thereto it shall be the sole responsibility of you, as well as any of your guests/ invitees, including on behalf of any minors accompanying any of the forgoing, to utilize their best efforts to avoid any action or omission which may jeopardize their own safety or the safety of others.
IN FULL KNOWLEDGE AND COMPLETE ASSUMPTION OF ALL OF THE RISKS, YOU, FOR YOURSELF AND ON BEHALF OF YOUR GUESTS/ INVITEES (INCLUDING MINORS ACCOMPANYING YOU OR YOUR GUESTS/ INVITEES) (COLLECTIVELY, THE “RELEASING PARTIES”), HEREBY IRREVOCABLY AGREES THAT THE RELEASING PARTIES WILL NOT SUE OR CLAIM AGAINST THE RELEASEES (AS DEFINED BELOW) FOR ANY INJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ANY RELEASING PARTY OR SUCH RELEASING PARTY’S PROPERTY OR THE RELEASING PARTY’S DEATH OR DISABILITY, WHETHER IN CONNECTION WITH THE ILLNESS(ES), HARM(S), OR OTHERWISE, RESULTING OR ARISING OUT OF OR IN ANY WAY RELATED TO PREPARATION FOR, TRAVEL FOR, ATTENDANCE AT, AND PARTICIPATION IN THE EVENT AND USING THE BENEFITS AND ELEMENTS OF THE PURCHASE INCLUDING, WITHOUT LIMITATION, INCLUDED SERVICES AND THIRD-PARTY PROVIDED SERVICES PURCHASED HEREUNDER.
ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PRODUCER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
You acknowledge and agree that by purchasing a package for the Event and/or attending the Event and/or using any corresponding amenity, you may be engaging in activities that may involve risk of injury, including serious injury, illness, permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at the Event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; (g) participating in any on-site or off-site excursion activity including swimming in or otherwise entering any body of water during your stay at a resort that’s part of your package; and (h) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of the Event may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, fireworks, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the Event premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PRODUCER. THE PRODUCER IS NOT 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 RESULTING THEREFROM. THE PRODUCER SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
12. Release and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN WHOLE OR IN PART, THE PRODUCER NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF PRODUCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO PRODUCER FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of or in connection with (a) your transaction with Producer and/or use of the Ticketing Website; (b) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; and/or (c) your attendance at or in connection with the Event, including, without limitation, any Removal Behavior or other actions or omissions by you. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
14. Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver.
Subject to the provisions of applicable law, this Policy is governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and CID hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of this Policy. Notwithstanding anything to the contrary contained in this Policy, You and CID hereby waive any and all rights to a judicial determination of any dispute or claims related to this Policy, including the right to trial by jury, and any and all disputes, claims, or causes of action between the parties arising out of or concerning this Policy or any alleged breach thereof by either party, and agree to resolve any disputes or claims through binding arbitration. Any dispute or claim relating in any way to the products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- In the event that the arbitration agreement in this Policy is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within New York, NY, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in this Policy is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of this Policy. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Policy, including, but not limited to any claim that all or any part of this Policy is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Policy as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: CID Presents, LLC, 245 Fifth Avenue, 6th Floor, New York, NY 10016 Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in New York, NY. In the event that the location of the Arbitration (New York, NY) is for any reason held to be unenforceable, the Arbitration shall take place in person in the county where you live or at another mutually agreed location.
BY MAKING YOUR PURCHASE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. If any provision of this Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions.
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA LICENSEE’S ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations under this Policy. Producer may assign its rights and duties under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and Producer relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by Producer. Any waiver of any provision of these terms must be in writing signed by Producer to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.