ROCK THE FORK – TICKET HOLDER AGREEMENT
The term “Event(s)” means collectively, Culinary and Beverage Festivals, Pop-Up Dining Experiences, Influencer Events, Concert Events, Music Festivals, and Community Festivals, currently scheduled to be held in several cities throughout the United States (“Event Dates”) at various locations (“Event Facility OR Event Facilities”).
The Event(s) are produced and managed by the local production company located in the City, County, and State where the Event is being hosted, “Producer.”
The term (“Ticket Holder” OR “I” OR “ME” OR “MYSELF”) means, collectively (I) the person or entity that purchased or received event tickets for any of the Event Dates and agreed to enter into this Agreement upon acceptance by Producer in the manner stated below and (ii) each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees, as applicable.
1. AGREEMENT ACCEPTANCE
THESE TICKET HOLDER TERMS AND CONDITIONS SHALL CONSTITUTE AN AGREEMENT BETWEEN THE PARTIES AND BECOME BINDING AND EFFECTIVE UPON SELECTION OF THE CONFIRMATION BOX NEXT TO THE TERMS AND CONDITIONS DURING THE CHECKOUT PROCESS AND SUBMITTING PAYMENT FOR ANY EVENT SERVICES/PRODUCTS. IP ADDRESSES ARE RECORDED WITH EVERY CHECKOUT.
2. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PRODUCER OR THE EVENT FACILITY BE LIABLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY OF THE ACTS OR OMISSIONS WHETHER OR NOT APPRISED OF THE POSSIBILITY OF ANY SUCH LOST PROFITS OR DAMAGES. IN NO EVENT SHALL PRODUCERS MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID TO PRODUCER BY TICKET HOLDER FOR EVENT PARTICIPATION PURSUANT TO THIS AGREEMENT. Producer makes no representations or warranties, express or implied, regarding the number of persons who will attend any event or regarding any other matters.
3. ASSUMPTION OF RISK
Ticket Holder expressly assumes all risks associated with, resulting from or arising in connection with Ticket Holder’s participation or presence at the event, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, or profits of Ticket Holder , whether caused by negligence, intentional act, accident, act of God or otherwise. Ticket Holder has sole responsibility for his/her property or any theft, damage or other loss to such property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by its insurer). Neither Producer nor the Event Facility accepts responsibility, nor is a bailment created, for property delivered by or to Ticket Holder. Neither Producer nor the Event Facility shall be liable for, and Ticket Holder hereby fully and forever release and discharge the Producer and the Event Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives and attorneys, and predecessors, assignees and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys’ fees, losses, expenses and liabilities whatsoever, in law, equity or otherwise (collectively “Claims”) which either may now have or have had or which may hereafter accrue, individually, collectively or otherwise in connection with, relating to or arising out of Ticket Holder’s participation and/or presence in the event(s). Ticket Holder acknowledges that there is a possibility that subsequent to the execution of this Agreement, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this Agreement was executed, and which if known by it at that time may have materially affected its decision to execute this Agreement. Ticket Holder acknowledges and agrees that by reason of this Agreement, and the releases contained in this Section 3, it is assuming any risk of such unknown facts and such unknown and unsuspected claims. If applicable, Ticket Holder has been advised of the existence of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Ticket Holder knowingly and voluntarily waives the provision of Section 1542, as well as any other statute, law or rule of similar effect.
Ticket Holder assumes all risks and danger incidental to the event for which this ticket was issued, whether occurring prior to, during, or after the event. On behalf of myself, my business, my business partners, my spouse or domestic partner, my children, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s) hired staff members, and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”), (a) I WAIVE, RELEASE, AND DISCHARGE THE FOLLOWING PERSONS OR ENTITIES: PRODUCER, and their insurance carriers, sponsors, exhibitors, event vendors, event promoters, subcontractors, product suppliers, participating charities, event and event directors, employees, instructors, volunteers, event location owners and landlords, all states, cities, counties, or localities in which events or segments of events are held, and the stakeholders, parent companies, subsidiaries, officers, directors, employees, representatives, volunteers, and agents of any of the above (the “Released Parties”) FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES TO ME OR MY BUSINESS DUE TO EVENT ATTENDANCE, CLOSURE, OR ANY OTHER REASON WHATSOEVER, OR ANY LOST AND/OR STOLEN ITEMS, WHICH ARISE OUT OF, OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM ANY EVENT, in any manner whatsoever, even if such claims, losses, or liabilities are caused by the ordinary negligence or acts or omissions of the Released Parties that I am hereby releasing or are caused by the ordinary negligence, or acts of any other person or entity; and (b) ALSO AGREE that the Released Parties shall not be responsible or liable in any way for: (i) any safety, participation or accounting procedures (“Procedures”) of any event, or any changes thereof (ii) any other harm caused by an occurrence related to any event, from and against any claim or cause of action arising out of the receipt or use of any Procedures associated with the event, (iii) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable prizes, payments, or other materials (iv) or communications via telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (v) any condition caused by events beyond the control of the Released Parties that may cause any event, and its event Procedures therefrom, or any results of the Procedures to be disrupted or corrupted; (vi) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with any of the Procedures; (vii) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the event Procedures; (viii) acceptance, possession, remittal or use of any prizes or payments; (ix) any alleged violation by Me of any law, regulation, or right held by a third party; (x) any event where time and location changes, based on city permit processing and/or scheduling conflicts with location property managers; (xi) any event where production time has exceeded, which leads to Procedures being adjusted to accommodate for time constraints in My city; and (xii) any challenge or event were the weather is too dangerous for completing any event, and needs to be stopped before I can complete any event.
5. PHOTO RELEASE
I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in any event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness. ALSO AGREE that the Released Parties shall not be responsible or liable in any way FROM THE USE OR REUSE OF MY APPEARANCE, PERFORMANCE, NAME, VOICE, LIKENESS, OR BIOGRAPHICAL INFORMATION (including, without limitation, any claim that such use invades any right of privacy and/or publicity) Holder acknowledges that the event may be broadcast or otherwise publicized, and hereby grants permission to utilize holder’s image or likeness in connection with any live or recorded transmission or reproduction of such event.
Ticket Holder shall on a current basis, indemnify, defend (with legal counsel satisfactory to Producer in its sole discretion) and hold Producer and the Event Facility harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees and expenses, which result from or arise out of or in connection with (a) Ticket Holder’s participation or presence at the event(s); (b) any breach by Ticket Holder of any agreements, covenants, promises or other obligations under this Agreement; (c) any matter for which Ticket Holder is otherwise responsible under the terms of this Agreement; (d) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (e) any libel, slander, defamation or similar claims resulting from the actions of Ticket Holder; (f) harm or injury (including death) to Ticket Holder; and (g) loss or damage to property or the business or profits of Ticket Holder, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise. Ticket Holder shall not settle or compromise any claims against Producer without Producer’s prior written consent.
7. NO REFUNDS
THERE ARE ABSOLUTELY NO REFUNDS FOR TICKET HOLDER FEES. All ticket sales are final. No refunds or exchanges will be provided. Shipping, handling, and service charges are non-refundable, even if the event is cancelled. No exceptions. In the case of an event being combined with another, relocated to a new venue, or rescheduled for any reason, ESPECIALLY, DUE TO ANY PANDEMIC, SUCH AS THE RECENT COVID-19 RESTRICTIONS, or conceptually altered in any way, all tickets will be valid at the combined, altered, relocated and/or rescheduled event. Refunds will be issued ONLY if a rescheduled date does not take place within twelve (18) months from the original event date. Producer is not responsible for articles lost, misplaced, or stolen at the event for which your ticket grants admission. Music, Culinary, Comedy, Exhibitor Line-ups are subject to change at any time. Food and Beverage vendors are subject to quantity and seasonality limitations and may run out during any Event.
8. TRANSFERING TICKETS
If you can no longer attend the event, we recommend you gift or sell your ticket. Unauthorized resale or attempted resale is grounds for seizure and cancellation without compensation. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so, are void. This ticket cannot be replaced if lost, stolen or destroyed, and is valid only for the event for which it is issued. This ticket is not transferable or redeemable for cash.
9. EVENT ETIQUETTE
Producer reserves the right, without the refund of any portion of the ticket purchase price, to refuse admission or to eject any person whose conduct is deemed by Producer to be disorderly, who uses vulgar or abusive language, or who fails to comply with the rules of the event. Holder agrees to drink responsibly if consuming alcoholic beverages. Holder may not bring alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers of any kind into the premises. Please respect the venue and the environment and avoid litter. Recording and transmitting any report, picture or reproduction of the event to which this ticket is issued is unauthorized, except for limited non-commercial purposes on holder’s personal social media channels only provided that holder is solely responsible for and required to obtain any and all permissions required prior to posting, including but not limited to music clearances, and that recording or transmitting any video in excess of fifteen (15) seconds long (regardless of whether it is a single video or series) is strictly prohibited. Tickets are a revocable license for the date and time (unless rescheduled) listed on the front thereof. Entry into the event is strictly limited to people who are over such age as designated by Producer.
10. TICKET SWEEPSTAKES, PROMOTIONS, ETC.
The use of this ticket for advertising, promotions, contests, sweepstakes, giveaways, etc. without the express written consent of Producer is expressly prohibited.
11. COVENANT NOT TO SUE
(a) I AGREE NOT TO SUE ANY OF THE RELEASED PARTIES IN SECTION (4) FOR ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, EXPOSURE TO ANY PANDEMIC, SUCH AS THE RECENT COVID-19 CORONAVIRUS, CONTRACTING ANY SICKNESS, SUCH AS THE RECENT COVID-19 CORONAVIRUS, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES DUE TO EVENT CLOSURE, POSTPONEMENT, CANCELLATION, OR ANY OTHER REASON WHATSOEVER, OR LOST AND/OR STOLEN ITEMS, AND ALL POTENTIAL LIABILITIES LISTED IN SECTION (4)(a) SECTION (4)(b), THAT ARISE OUT OF OR RELATE TO MY PARTICIPATION IN ANY EVENT; and (b) To the fullest extent permitted by law, I AGREE TO DEFEND, PAY ON BEHALF OF, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES IN SECTION (4), for any and all claims or demands, suits, loss, or liabilities assessed against them by me, my parent or guardian, co-participants, rescuers, and others, as a result of ALL POTENTIAL LIABILITIES LISTED IN SECTION (4)(a) SECTION (4)(b), THAT ARISE OUT OF OR RELATE TO MY PARTICIPATION IN ANY EVENT WHATSOEVER.
12. GOVERNING LAW
This Agreement is governed by the laws of the City, County, and State where the Event is being hosted as applied to contracts entered into and entirely performed within such state. Exhibitor agrees that the courts located in the City, County, and State where the Event is being hosted shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this Agreement or the breach of any provision of this Agreement. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in the City, County, and State where the Event is being hosted.
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement (including, without limitation, Section a [the Assumption of Risk provision] and Section b [the Release] and Section d [the Covenant Not to Sue]) remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
(a) If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. (b) Any dispute arising out of or relating to this Agreement, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City, County, and State where the Event is being hosted, in accordance with the United States Arbitration Act. There shall be three arbitrators, named in accordance with such rules, and the arbitrators shall decide the dispute in accordance with the substantive law of the State of Arizona, and the award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based.
I HAVE READ THESE TICKET HOLDER TERMS AND CONDITIONS, AS WELL AS ITS WAIVER AND RELEASE, AND UNDERSTAND ITS CONTENTS. I ALSO UNDERSTAND THAT VOLUNTARILY PARTICIPATING IN THIS ACTIVITY. I UNDERSTAND THAT MY IP ADDRESS IS BEING RECORDED WITH EVERY CHECKOUT PROCESS AND BY SELECTING THE CONFIRMATION BOX NEXT TO THE TERMS AND CONDITIONS DURING THE CHECKOUT PROCESS, AND THAT BY SUBMITTING PAYMENT FOR ANY EVENT SERVICES/PRODUCTS, I EXPLICITLY AGREE TO THESE TICKET HOLDER TERMS AND CONDITIONS.