Last Updated: June 25, 2024
ALL SALES, PURCHASES, AND PARTIAL PURCHASES ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE.
Welcome to the Life is Beautiful Festival (the “Event”) Terms of Sale and Event Terms and Conditions (the “Terms”). These Terms apply to any person holding or attempting to utilize a ticket for entry to the Event (a “Ticket”), whether or not such person is the individual who actually purchases the Ticket (hereinafter, a “Ticket Holder” and as addressed in these Terms, “you” or “your”, on behalf of yourself and of your guests/invitees, including minors accompanying you or your guests/ invitees). You understand that these Terms are a legally binding contract between you and Life is Beautiful, LLC (“LIB”, “we”, “us”, “our”) which governs your purchase of Tickets via Vivenu or any other authorized source (each, the “Ticketing Website”). If you purchase a Ticket on behalf of someone else, these Terms shall also apply to that person as a Ticket Holder and it is your duty to inform such person of these Terms. Please read these Terms carefully prior to purchasing any Ticket, attending the Event, or entering or accessing any Event facility, venue or premise (collectively, the “Venue”). These Terms apply in addition to any other information posted by LIB and/or the Ticketing Website, including, without limitation, any and all applicable Ticketing Website policies (including Vivenu’s Privacy Policy), the LIB Privacy Policy and the LIB Terms of Use, all of which are incorporated herein by reference. You understand and agree that your information will be processed as set forth in the LIB Privacy Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms without prior notice and it is your responsibility to return to these Terms periodically to review the most current version. The date of any effective changes shall be reflected at the top of this page.
If you purchase or otherwise obtain any Tickets for or on behalf of any other person(s), you recognize that you are acting as that person’s agent in obtaining the Tickets. Because of this agency relationship, you acknowledge and agree to be subject to these Terms on behalf of any such person, and you shall notify any such person of these Terms when you deliver them a Ticket. If you receive a Ticket and/or credential from another person, you acknowledge and agree that you are governed by these Terms upon delivery of a Ticket to you, at which time you are deemed a Ticket Holder under these Terms.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 11 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
1. Age Requirement; Revocable License; Refusal of Admission; Searches.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO PURCHASE A TICKET TO THE EVENT, WHICH SHALL BE VERIFIED BY VALID PHOTO IDENTIFICATION. PLEASE PAY ATTENTION TO ALL DETAILS OF EACH TICKET PACKAGE DESCRIPTION PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED TICKETS.
NOTWITHSTANDING THE FOREGOING, YOU MUST BE AT LEAST TWENTY-ONE (21) YEARS OF AGE TO PURCHASE ALCOHOL AT THE EVENT, WHICH WILL BE VERIFIED BY VALID PHOTO IDENTIFICATION.
A Ticket is a revocable license. LIB reserves the right, without refund of any portion of the price paid or other compensation, to refuse admission to or evict from the Event or the Venue, or refuse to provide goods or services to any person who fails to comply with these Terms, any Event policy, or any applicable local, state or federal law, rule, regulation or ordinance, or whose conduct is deemed by us or any third party authorized by LIB, in our sole discretion, as disorderly, disruptive, illegal, vulgar (including without limitation use of vulgar, disrespectful or abusive language toward any Event staff or other attendees), intoxicated, violent, abusive, threatening, aggressive, or otherwise out of compliance with these Terms (all of the above in this sentence, collectively, “Removal Behavior”). Removal Behavior of any type will automatically terminate this license and all your rights. For the avoidance of doubt, the exercise of the foregoing rights by LIB hereunder does not entitle you or any guest to a refund of the Ticket or any part thereof or to any other compensation.
Without limiting the foregoing, you may be removed from the Event if you purchase alcohol for anyone under the age of 21 (yourself or others). Further, you are not permitted to bring alcohol into, or remove alcohol from, the Event, and only alcohol purchased at the Event may be consumed there, and solely in permitted areas of the Event facility.
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 claims related to such searches. If you elect to withdraw such consent, you may be denied access to the Event or Venue without refund or other compensation. Certain items may not be brought into the Event premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, unmanned aerial vehicles (UAVs) or drones of any size, laser pointers, strobe lights, irritants, fireworks, explosives, various forms of containers, and any other item prohibited by LIB in its sole discretion, including as set forth in the FAQ, and the LIB Code of Conduct.
Event credentials should be kept in a safe place at all times. Credentials are valid only for the Event for which they are issued, and they cannot be replaced if lost, stolen or destroyed. It is unlawful to copy, duplicate or otherwise reproduce any Ticket in any form. Tickets obtained from unauthorized sources may be counterfeit and worthless. LIB is not responsible for any loss or inconvenience caused by any unauthorized duplication of a Ticket. In the event duplicate copies of Tickets are presented, LIB reserves the right to refuse entry to the Event for all persons presenting such duplicated Tickets.
Complimentary Tickets are not exchangeable or redeemable for tickets for any other event or performance or for any other consideration, present or future, monetary or otherwise.
2. Refunds and Exchange Policy; Rescheduled or Cancelled Events; Force Majeure Events.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SALES, INCLUDING ANY SALES AND PARTIAL PURCHASES OR DEPOSITS MADE UNDER A PAYMENT PLAN, ARE FINAL, NON-REFUNDABLE, NON-EXCHANGEABLE, AND NON-REDEEMABLE FOR CASH.
WITHOUT LIMITING THE FOREGOING, 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. FOR PURCHASES MADE UNDER A PAYMENT PLAN, IF APPLICABLE, IF YOU FAIL FOR ANY REASON TO MAKE A PAYMENT, YOU MAY VOID YOUR PURCHASE AND BE SUBJECT TO A TERMINATION FEE IN ACCORDANCE WITH THE TERMS OF THE TICKETING WEBSITE.
Except as through LIB authorized resellers, the resale or attempted resale of any Ticket at a price higher than that at which it was sold for initially is prohibited and if discovered, will result in such Ticket being voided without refund or other compensation.
Tickets, Event credentials, and 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 LIB.
The Event is a RAIN OR SHINE event, unless otherwise expressly determined and communicated by LIB. 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 LIB, in its sole discretion. If the Event is canceled, tickets purchased through LIB’s authorized ticket vendor, Vivenu, will be refunded to the original form of payment used to purchase the Ticket. LIB will not be responsible for the refund of any Tickets acquired via any other source. For all Tickets purchased from any third party resellers, the policies of such third party resellers will apply. Notwithstanding the foregoing however, such refund will not include any of the service fees that may have been charged by the Ticketing Website which are non-refundable. Further, no refunds will be made for any incidental expenses that you may have incurred as a result of your plans to attend the Event.
If the Event is postponed or rescheduled, your Ticket will automatically be honored at the rescheduled date. Should you be unable to attend the new date, you must request a refund no later than 30 days after the announcement of the rescheduled date.
Without limiting anything set forth in this Section, your purchase of Tickets is not for a specific individual, group or act performing at the Event (each, an “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 or other obligations to you, including any refund obligations.
LIB will not be liable to you or any other party in the event of any delay, relocation, postponement, or cancellation due to fire, earthquakes, adverse weather conditions, flood, acts of nature, acts of God, power failures, electrical or mechanical difficulties, equipment or machinery breakage, strikes, lockout, work stoppages or other labor disturbances, governmental regulations or restrictions, war, nuclear reaction, radioactive contamination, protests, riots , insurrections, acts of public enemies or other hostilities or civil disturbances, terrorism, threats of bombs or similar interruptions, accidents, collision, , epidemic, pandemic (including, without limitation, of COVID-19 or any other infectious diseases,), travel bans or restrictions, quarantine restrictions, death or illness of any Artist or any member of Artist’s crew or family, or any other cause or condition beyond the reasonably foreseeable control of LIB (“Force Majeure Event”).
Any delay or failure in the performance of these Terms or the Event caused by a Force Majeure Event shall not constitute a breach of these Terms by LIB or a ground for cancellation, suspension or termination hereof.
3. Payment
To purchase Tickets, you will be redirected to the Ticketing Website of our partner Vivenu. Your purchase via the Vivenu website will be subject to the Privacy Policy as well as any other terms and conditions made available by Vivenu on their website and you will be solely responsible for your compliance with such terms.
Upon purchase, you agree that the credit card that you have on file with us or the applicable Ticketing Website (“Your Card”) will be charged.
If you choose to make a purchase as part of a payment plan (“Payment Plan”), you agree that Your Card will be charged for the amounts and on the dates set forth in the payment schedule outlined during your purchase process (“Payment Schedule”). Once your initial down payment is received, the price of the purchased Tickets will not change. The purchased Tickets will be set aside and held until the final payment of the Payment Plan is made. You may pay the remaining balance at any time prior to the final payment. 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 of your Payment Plan (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 Ticket and your participation in the Payment Plan, and that LIB or the applicable Ticketing Website has your express authorization to process payment of the Balance and the Payment Plan.You agree that if Your Card expires, is invalid, deleted or otherwise not capable of effecting payment, either on the initial date of purchase or on any of the dates set forth in your Payment Schedule if you chose to sign up for a Payment Plan, we and/or the Ticketing Website will notify you via the email address provided by you during the purchase process, and you will have 10 days from the date of such notice (or such other period set forth in the notice) to effect the payment. If we do not receive payment within such period, this Agreement will be deemed cancelled, and all prior amounts paid and the Tickets you attempted to purchase will be forfeited. Without limiting the generality of the foregoing, you will not seek a “chargeback” or any type of payment reversal for any reason from the company whose credit card you used to purchase your Ticket. Should you do so, your Ticket may be canceled, and we may, in our sole discretion, refuse to honor pending and future Ticket purchases.
4. Publicity Release; Information Sharing; LIB Intellectual Property.
You acknowledge that people, including LIB, will be using film, video, and photographic cameras at the Event, and that your image, voice, name, performance, persona and/or likeness (“Likeness”) may be captured on film, video and/or photographs that may subsequently be displayed or disseminated without your consent or payment of compensation to you, and you release each of the Released Parties (as defined below) from any liability due to such capturing, display, or dissemination.
By purchasing a Ticket, attending the Event, and/or entering or accessing the Venue, you hereby irrevocably grant to the Released Parties the right to film and otherwise capture and/or record and use your Likeness in any and all media (now known or hereafter devised) throughout the world, in perpetuity, for any purpose, including, without limitation, use in photographs, videos, CDs, DVDs, broadcast, telecast, live streams, podcast, webcast, recordings, motion pictures, commercial advertisement, promotional materials, and/or any other record of the Event, and for advertising or promotional purposes as well as in, on or in connection with future events and/or other events produced by LIB or any of LIB’s affiliates, and you hereby release the Released Parties from any liability with respect thereto. You acknowledge and understand that all copyright and other intellectual property rights in the Event Imagery (as defined below) shall be owned by LIB in perpetuity and you waive any inspection or approval rights, including without limitation any so-called “moral rights” or similar rights.
Without limiting anything set forth herein, by purchasing a Ticket, attending the Event, and/or entering or accessing the Venue, you acknowledge and agree the LIB 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, in accordance with the LIB Privacy Policy. 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 organized by LIB or any of our affiliated companies, (g) website evaluation, (h) data collection, storage, management, and analysis, (i) internet-based, targeted and/or online behavioral advertising, (j) contacting you regarding LIB and its affiliates’ partners and clients, events, artists, tours, festivals, sporting events, production companies, etc.; (k) responding to law enforcement or other court orders, and/or (l) any other services designed to assist us and/or our affiliates in maximizing our and/or their business potential and profits.
You acknowledge that all names, logos, designs and symbols associated with LIB and/or with the Event are trademarks, trade dress or service marks owned by LIB or its affiliates and that LIB has the exclusive right to use, license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by LIB, including any likenesses, drawings, and representations of the Event (collectively, “LIB Intellectual Property”).
WITHOUT THE PRIOR WRITTEN CONSENT OF LIB, YOU UNDERSTAND THAT YOU MAY NOT USE ANY LIB INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING, WITHOUT LIMITATION, MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION.
By purchasing a Ticket, attending the Event, and/or entering or accessing the Venue, you agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). You may only use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family for personal use only; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or LIB); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise). For the avoidance of doubt, you understand that you have no right to sell, transfer, license, sublicense, or give Event Imagery to any other party, except for Personal Use, and agree to inform anyone to whom Event Imagery is given that it can only be used for Personal Use.
5. Representations and Warranties.
Without limiting anything set forth in these Terms, you hereby represent and warrant that (a) you will, at all times, comply with these Terms and with all applicable laws, rules, ordinances and/or regulations and will not infringe any third party rights at or in connection with the Event; (b) you are of sufficient legal age and authority to enter into any transaction with LIB and/or via the Ticketing Website, to attend the Event, and to create legally binding obligations between you and LIB for any liability you may incur as a result of entering into these Terms; (c) you are an authorized user of Your Credit Card; (d) you will at all times be in compliance with any and all terms, conditions, policies and rules set forth by LIB and/or any applicable third party; and (e) you will not attempt to charge back your purchase with your bank or credit card company.
6. Third Party Aspects of the Event.
The LIB website may link to third party sites (including, without limitation, Ticketing Websites). LIB is not responsible for any aspect of such third party 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. LIB does not endorse any of the products or merchandise, nor has LIB taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. LIB 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 with respect to such sites and third-party content.
In connection with the Event, you may also have an opportunity to engage with, purchase from, or otherwise interact with third parties. 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. For example, 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 LIB for your Ticket. You also 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 the goods, products and/or services purchased from such third parties and/or in us debiting your account for any costs we may incur as a result of such violation.
7. Event Protocols, Assumption of Risk, and Release.
You and your guests should refrain from attending the Event if you believe you have come into contact with any infectious disease, including COVID-19, or are not feeling well. You agree to comply with any and all health policies, protocols, rules, regulations, terms, and conditions of the Event, whether established by LIB, 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. You will follow all instructions when entering or accessing the Venue, and while attending the Event, whether posted or otherwise communicated verbally or in writing by LIB staff, employees, representatives or contractors, police, or government or health authorities. If you (or any of your guests/invitees) refuse or fail to comply with any health rules, regulations, terms, conditions and/or instructions for the Event, you acknowledge and agree that you may not be permitted to attend, or may be required to leave, the Event without any further obligation by LIB (including, without limitation, any refund obligation).
You authorize, and consent to, LIB and LIB’s staff, employees, representatives, or contractors conducting public health safety screening activities by methods selected by LIB, the Venue, or government or health authorities. As a result of such public health safety screening activities, you acknowledge and agree that you and your guests/invitees may not be permitted to attend the Event.
You, on behalf of yourself and your guests/invitees consent 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 or related to the Event. You release 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, entering or accessing the Venue, or using any corresponding amenity, you (and your guests/invitees) certify that: (a) 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 (b) in the ten (10) days prior to the Event date you have not (i) been diagnosed with, tested positive for, or treated for COVID-19, (ii) knowingly been in contact with COVID-19 or any person that has been diagnosed with, tested positive for, or treated for COVID-19, or (iii) 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.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY PURCHASING A TICKET, ATTENDING THE EVENT, ENTERING OR ACCESSING THE VENUE, AND/OR USING ANY CORRESPONDING AMENITY, YOU MAY BE ENGAGING IN ACTIVITIES THAT MAY INVOLVE RISKS OF INJURY, INCLUDING SERIOUS INJURY, ILLNESS, PERMANENT DISABILITY OR DEATH AND PROPERTY LOSS. THESE RISKS INCLUDE, WITHOUT LIMITATION, THOSE CAUSED BY OR IN CONNECTION WITH: (A) THE ACTIONS, INACTIONS OR NEGLIGENCE OF A THIRD PARTY OR ANY PARTICIPANTS, VOLUNTEERS, PERFORMERS, GUESTS OR 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 ACTIVITY; AND (H) OTHER RISKS THAT ARE NOT KNOWN OR FORESEEABLE AT THIS TIME.
BY ATTENDING THE EVENT, ENTERING THE VENUE, OR USING ANY CORRESPONDING AMENITY, YOU, FOR YOURSELF AND ON BEHALF OF YOUR GUESTS/INVITEES (COLLECTIVELY, THE “RELEASING PARTIES”), VOLUNTARILY ASSUME ALL RISKS RELATED TO YOUR PARTICIPATION IN THE EVENT INCLUDING, WITHOUT LIMITATION, EXPOSURE TO OR INFECTION BY ANY POTENTIAL INFECTIOUS DISEASE (INCLUDING COVID-19) OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, AND ACKNOWLEDGE AND AGREE THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, OR DEATH, FOR YOU OR YOUR FAMILY.
IN FULL KNOWLEDGE AND COMPLETE ASSUMPTION OF ALL OF THE POTENTIAL RISKS ASSOCIATED WITH THE EVENT, THE RELEASING PARTIES HEREBY IRREVOCABLY AGREE THAT THE RELEASING PARTIES WILL NOT SUE OR FILE ANY CLAIM AGAINST THE RELEASED PARTIES 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, IN ANY WAY RESULTING FROM, ARISING OUT OF, OR RELATED TO PREPARATION FOR, TRAVEL FOR, ATTENDANCE AT, AND PARTICIPATION IN THE EVENT.
8. Disclaimers.
ALL PRODUCTS, GOODS AND SERVICES THAT MAY BE PROVIDED IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY OR 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.
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. INDIVIDUALS WHO ARE PREGNANT AND/OR 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, ACCESSING 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 LIB. LIB 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. LIB 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.
9. Release and Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER LIB, THE TICKETING WEBSITE, ANY EVENT SPONSOR, ARTIST, VENDOR OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH OR INVOLVED WITH THE EVENT, NOR ANY OF THEIR RESPECTIVE MANAGERS, DIRECTORS, OFFICERS, EQUITY HOLDERS, PARENT COMPANIES, SUBSIDIARIES, OWNERS, MEMBERS, STAFF, EMPLOYEES, CONTRACTORS, VOLUNTEERS, INSURERS, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) WILL BE LIABLE FOR, AND THE RELEASING PARTIES (ON THEIR OWN BEHALF AND ON BEHALF OF THEIR ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES) HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM, AND AGREE NOT TO SUE OR SEEK ANY CLAIM, DAMAGES AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) AGAINST THE RELEASED PARTIES FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE EVENT OR GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, EVEN IF LIB 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, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASED PARTIES 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, FOR ANY TICKET OR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES YOU PURCHASED FOR OR IN CONNECTION WITH THE EVENT.
10. Indemnification.
Each Releasing Party agrees to protect, indemnify, and hold harmless (“indemnify” meaning protect by reimbursement or payment, including attorney’s fees and expenses) the Released Parties from and against any and all liabilities, claims, damages, suits, costs and expenses, including attorneys’ fees (collectively “Claims”), arising out of or in connection with such Releasing Party’s (a) transaction(s) with LIB and/or the applicable Ticketing Website; (b) use of the applicable Ticketing Website, (c) violation or breach, or alleged violation or breach, of these Terms, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; and/or (d) attendance of or participation to the Event, including, without limitation, any Removal Behavior or other actions or omissions by such Releasing Party. 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.
11. Governing Law; Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
These Terms shall be governed by and enforced according to the laws of the State of Nevada, without regard to any rules relating to conflicts of laws.
Except for either party’s claims of infringement, violation or misappropriation of the other party’s patent, copyright, trademark, or trade secret, or other intellectual property right, which shall be exclusively brought in the state and federal courts located in the City and County of Las Vegas, Nevada, any and all disputes between you and LIB arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to the Event. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND LIB ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LIB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be conducted by JAMS in accordance with its then-current Streamlined Arbitration Rules and Procedures (“JAMS Rules”) and will be held in Las Vegas, Nevada. The arbitration will be conducted by one neutral arbitrator chosen by the parties. If the parties cannot agree upon an arbitrator, they shall submit to the procedure used by JAMS to choose an arbitrator. The current rules may be found on the Internet at: http://www.jamsadr.com/rules-streamlined-arbitration/. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§116. The arbitrator shall apply California law, as described in Section 24 (Applicable Laws), consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Notwithstanding anything herein or in the JAMS Rules to the contrary, the arbitrator shall not have the power to award punitive damages against you or LIB. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the City and County of Las Vegas, Nevada.
12. Miscellaneous
Nothing contained in these Terms 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 these Terms. LIB may assign its rights and duties under these Terms without such assignment being considered a change to the Terms, and without notice to you. The terms and conditions set forth in these Terms represent the entire understanding and agreement between you and LIB 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 an authorized officer or director of LIB. Any waiver of any provision of these Terms must be in writing signed by an authorized officer or director of LIB 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. You agree that we may provide electronically any and all communications concerning the Event or Tickets, as well as any disclosures required to be provided by applicable law. Your 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 or the Ticketing Website.
You understand that these Terms may be changed by LIB at any time, in LIB’s sole discretion, and if so, the revised version of the Terms will apply to you. Your attendance at the Event or access to the Venue signifies your binding agreement to the Terms in effect at the time of such attendance or entry.