BY PURCHASING TICKET, TICKETHOLDER (“HOLDER”) AGREES TO THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, “AGREEMENT”):
RELEASE OF LIABILITY. THE HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT, INCLUDING SPECIFICALLY (BUT NOT EXCLUSIVELY) THE DANGERS (1) THAT THE EVENT CROWD OR INDIVIDUAL ATTENDEES MAY BE INADEQUATELY MONITORED, MANAGED, OR CONTROLLED BY EVENT SECURITY, AND AS A RESULT MAY CAUSE PERSONAL HARM OR PROPERTY DAMAGE TO THE HOLDER, AND (2) THAT THE HOLDER MAY BE EXPOSED TO DRUGS, ALCOHOL, FIGHTING, OR OTHER REASONABLY FORESEEABLE DANGEROUS CONDITIONS OR ACTIVITIES PRIOR TO, DURING, OR SUBSEQUENT TO THE EVENT. THE HOLDER EXPRESSLY RELEASES THE PREMISES OWNER, EVENT FACILITY, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, SPONSORS, PARTNERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AGENTS.
NO REFUNDS OR EXCHANGE. EVENT DATE AND TIME SUBJECT TO CHANGE. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH THIS TICKET IS ISSUED IS RESCHEDULED OR CANCELLED, THE HOLDER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, THE HOLDER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED,
(1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THIS TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR
(2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THIS TICKET FOR ANOTHER TICKET, COMPARABLE IN PRICE AND SEATING LOCATION, TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT. This ticket is not subject to any refund, bears no cash value, and is not redeemable for cash. Artist and set times are subject to change without notice. This ticket is not subject to exchange except as expressly provided above. If issued as a complimentary ticket, this ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat for which they are issued. It is unlawful to reproduce this ticket in any form. Management reserves all rights not expressly granted to the holder by these terms.
RESERVATION OF MANAGEMENT’S RIGHTS. Management reserves the right to refuse admission to or eject any person whose conduct or hygiene is deemed by Management, at Management’s sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the holder. The exercise of management’s ejection rights hereunder does not entitle the holder to a refund of the ticket price or any part thereof. This ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at management’s discretion. Unlawful resale or attempted resale is grounds for seizure and cancellation of the ticket, without compensation, at management’s discretion.
TRANSMISSION OR REPRODUCTION PROHIBITED. The holder agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the event, performance, exhibition or game for which this ticket is issued. The holder acknowledges that the event may be broadcast or otherwise publicized, and grants permission for holder’s image or likeness to be used in any live or recorded transmission or reproduction of such event, performance, exhibition or game.
COMPLIANCE WITH FACILITY RULES. The holder agrees to comply with all local or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles, weapons, fireworks, pets (except for service animals) and containers of any kind from being brought into the event premises.
TICKET PRICE. Unless indicated otherwise, prices include all applicable taxes and/or cash discounts (if available). TICKET PRICE IS NONREFUNDABLE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
PURCHASE OF TICKETS. Elevate acts as an intermediary for the various venue operators and/or promoters (“Promoters”) of the events featured on this website. All sales made through this website are subject to the terms of this Agreement.
TERMS OF SALE. Tickets sold through this website grant to the Customer only a revocable license to the bearer that may be revoked at any time for any reason. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. Customer assumes all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction. The terms of sale of each ticket issued pursuant to a transaction initiated on this website are subject to any and all terms imposed by the applicable Promoter. In order to be admitted to an event, each Customer must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter.
LAYAWAY PLAN – Customers agree and authorize Mstar “ Boogoo Music & Art Festival or Wolf Howl Music and Art Festival to deduct monthly payment automatically until its paid in full before a due date. If customer did not pay in full 24 hours before the concert date then the ticket will be forfeit and all payment is non-refundable.
TREAT TICKETS LIKE CASH. Lost or stolen tickets will not be replaced.
RECORDING POLICY. No cameras or recording equipment of any kind are allowed at any event for which tickets are sold to Customers through this website. A violation of this policy will be grounds for revocation of all tickets issued to Customer and/or ejection from the applicable venue.
GRANT OF RIGHTS. The holder grants permission to Management to utilize the holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
MINORS & PARENTS/GUARDIANS OF MINORS. Any Holder under the age of 16 may only attend the Event accompanied by someone who is 18 or older and acknowledges that his/her parent or guardian has reviewed, understood and agreed to the terms below. Camping attendees must be 18 or older over OR accompanied by someone who is 18 or older. Parents/Guardians of Holder acknowledge that they have reviewed, understood and agreed to this Agreement (such Agreement being interpreted as if they applied both to them and their minor child/ward) and have the legal authority to enter into this Agreement on behalf of their minor child/ward. Must be 13 or older to purchase a ticket to the Event.
The Ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests or sweepstakes, without the express written permission of Management. Breach of any of the terms of this Agreement or failure to comply with Event rules shall automatically terminate any rights that the holder may have hereunder and shall authorize Management to withdraw the Ticket, refuse admission to the Event or eject the holder from the Event.
The holder and his/her belongings and vehicle may be searched upon entry into the Event or premises, and the holder consents to such searches and waives any related claims that may arise against Management. If the holder elects not to consent to these searches, the holder will be denied entry into the Event or premises.
WAIVER. Holder agrees to the following:
- I expressly acknowledge and agree that the activities of the Event, including camping, involve the risk of serious injury and/or death and/or property damage. I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Delaware, and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect
- I voluntarily, knowingly and freely assume all risks associated with attending the Event, camping and/or entering the premises, including, but not limited to, my own actions or inactions (or the actions/inactions of my minor child/ward), the actions or inactions of others (including Event attendees, staff or volunteers), injuries, illness, contact with others (including Event attendees, staff or volunteers), artists’ use of strobe lights, premises defects and the effects of weather, including heat and/or humidity
- I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Management through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely attend the Event.
- I certify that I have no medical condition that would make my attendance or camping at the Event more hazardous.
- I agree that if I choose to consume alcoholic beverages, I will do so responsibly and only if I am over the age of twenty-one (21).
- I consent to medical care and transportation in order to obtain treatment in the event of injury to me as Management, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
- I understand and agree that I am expected to exhibit appropriate behavior and to obey all local, state and federal civil and criminal laws while attending the Event or on the premises. This includes respect for other people, equipment, facilities or property. Management may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, premises or any person, facility or property. I also agree to indemnify Management from any and all third party claims caused in whole or in part by my negligent or intentional acts or omissions.
- I understand and agree that Management is not responsible for any personal item or property that is lost, damaged or stolen at the Event or on the premises.
- I understand and agree that the sale of unauthorized merchandise is not permitted and I may be dismissed from the Event and the premises for selling such merchandise.
- I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my attendance or camping at the Event or while on the premises, whether or not caused by Management’s negligence.
- I indemnify and hold Management harmless from any loss, liability, damage or cost they may incur while I am at the Event or on the premises, whether or not caused by Management’s negligence.
- I release, waive, discharge and covenant not to sue Management from all liability to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my child’s/ward’s) attendance or camping at the Event or while on the premises, whether or not caused by Management’s negligence.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION,THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to [email protected] The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
CONSENT TO ELECTRONIC COMMUNICATIONS
By clicking “I AGREE” below, you consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans you may obtain through us.
You consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to [email protected] or call 562-986-8043. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call 562-986-8043.