This ticket (“Ticket”) is a contract. Read it carefully. By using this ticket to enter the event listed on the front (the “Event”) the holder of the ticket acknowledges that the holder has read and agrees to the terms stated herein on behalf of themselves and any accompanying minor(s) (collectively “Holder”). Holder must possess Ticket to enter the property listed on the Ticket (the “Venue”). The Ticket is valid only for the Event at the Venue on the date, time, and seat location issued. All Ticket sales are final. Ticket will not be replaced, credited, refunded, or exchanged, except as provided herein.
THE SOLE AND EXCLUSIVE REMEDY (IF ANY) IF ADMISSION IS REFUSED OR REVOKED, OR THE EVENT IS CANCELLED AND NOT RESCHEDULED, IS A REFUND OF UP TO THE TICKET’S FACE VALUE SET BY THE GROUP (THE “FACE VALUE”). IN NO EVENT SHALL THE GROUP OR VENUE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.
Holder agrees to the following:
(1) LIABILITY LIMITATION. HOLDER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISK AND DANGER OF INJURY (INCLUDING DEATH), FROM ANY CAUSE, RESULTING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE EVENT (INCLUDING, WITHOUT LIMITATION, LOST, STOLEN, OR DAMAGED PROPERTY; WHETHER OCCURRING BEFORE, DURING, OR AFTER THE EVENT; THE DANGER OF BEING INJURED BY EQUIPMENT, CONTACT WITH PERFORMERS, EXPOSURE TO SMOKE/STROBE LIGHTS/PYROTECHNICS/HAZE AND ALL OTHER RISKS ASSOCIATED WITH LOCATIONS NEAR A STAGE/VENUE FLOOR). ON BEHLAF OF HOLDER AND HOLDER’S RELATED PERSONS (DEFINED BELOW), HOLDER AGREES THAT THE GROUP (DEFINED BELOW) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY RESULTING FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE EVENT, HOWEVER CAUSED (INCLUDING NEGLIGENCE). ON BEHALF OF HOLDER AND HOLDER’S RELATED PERSONS, HOLDER KNOWINGLY AND VOLUNTARILY AGREES TO FOREVER RELEASE (AND COVENANTS NOT TO SUE) GROUP FROM ANY SUCH CLAIMS, LOSSES, DAMAGE, OR INJURY THAT RELATE TO OR ARISE FROM THE EVENT OR ANYTHING LISTED ABOVE. HOLDER UNDERSTANDS AND AGREES THAT THEY ARE RELEASING AND WAIVING CERTAIN POTENTIAL RIGHTS HELD BY HOLDER. “GROUP” MEANS, COLLECTIVELY AND INDIVIDUALLY: (I) THE VENUE, (II) BOWTIE HOSPITALITY LV LLC DBA FONTAINEBLEAU LAS VEGAS (III) THE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES AND PERSON OF I-III; AND (V) THE OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS, MEMBERS, PARTNERS, MANAGERS, EVENT PRODUCERS, TALENT, AND AGENTS OF I-III. “RELATED PERSONS” MEANS: HOLDER’S HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, NEXT OF KIN, ANYONE ATTENDING THE EVENT WITH HOLDER (WHICH PERSONS HOLDER REPRESENTS HAVE AUTHORIZED HOLDER TO ACT ON THEIR BEHALF FOR PURPOSES OF THIS RELEASE, AND OTHER PERSONS ACTING OR PURPORTING TO ACT ON HOLDER’S BEHALF.
(2) ASSUMPTION OF RISK: The Venue operates and maintains its premises to protect against the exposure of the COVID-19 virus or any other communicable disease in accordance with federal and state guidelines. As noted by government health officials, complete isolation from the virus is impossible. Accordingly, the Venue cannot and does not promise to eliminate the risk of exposure to COVID-19 or any other communicable disease and cannot and does not promise that Holder will not contract COVID-19 or any other communicable disease. Holder acknowledges that the Venue has informed Holder that the Venue is not risk-free, that it is possible that Holder may contract COVID-19 or any other communicable disease during Holder’s presence at the Venue, and that Holder freely chooses to enter and/or reside in the Venue with awareness of associated risks.
(3) ARBITRATION: Any controversy, dispute, cause of action, or claim relating to or arising out of the Ticket, the Event, or Holder’s attendance shall be resolved by mandatory, final, binding, and confidential arbitration before and under the rules of JAMS. The place of the arbitration shall be the city of the Venue, regardless of where Holder resides. Judgement on the arbitrator’s award may be entered in any court having jurisdiction. Holder acknowledges and agrees that they are waiving their right to a court and jury trial.
(4) Ticket is a license, revocable at any time for any reason. Holder agrees to abide by all terms of this license, Venue rules, directions of Venue personnel, and all applicable laws, regulations, and policies. Failure to comply shall terminate Holder’s rights hereunder and authorize Group to withdraw Ticket, refuse admission, or eject Holder, all without refund, and subject Holder to all available legal remedies.
(5) Holder consents to a search of their person and property and waives any related claims against Group. If Holder refuses, Holder will be denied entry.
(6) Ticket may not be resold or offered for resale in violation of law or regulation, including, but not limited to, any applicable laws or regulations governing the transfer of tickets in excess of the face value of the ticket. Violation thereof is grounds for seizure or cancellation without refund. Tickets obtained from unauthorized sources may be invalid, lost, stolen or counterfeit and if so are void.
(7) Ticket may not be used for any contests, sweepstakes or promotional or commercial purposes without Group’s written consent.
(8) The Event date, time, talent, participants, and rosters are subject to change without notice. Holder assumes the risks related cancellation of the Event and to inclement weather (including injury or cancellation). During the Event, strobe lighting or theatrical smoke may be used.
(9) All photography, filming, streaming, and other recording are PROHIBITED. Individuals in possession of a recording device are subject to confiscation and/or ejection. The Event is copyrighted, and Holder agrees not to transmit, distribute, or sell (or aid in such activity), in any media now or hereafter existing, any description, account, picture, video, audio, or other form of exploitation or reproduction of the Event without Group’s written consent.
(10)Holder consents to be photographed, filmed, videotaped, or otherwise recorded in connection with the Event, promotion of the Event and/or Venue. Holder irrevocably grants Group permission to utilize Holder’s name, image, voice, actions, statements, and likeness (collectively, “Personage”) in any form, format, media display, or other use made of, or at, the Event in any medium, worldwide, in perpetuity, whether known or hereinafter created, or context for any purpose, including commercial, without further authorization from or compensation to Holder. Holder represents and warrants that Holder has full right, power, and authority to grant the rights herein. Holder acknowledges they have no privacy expectation in connection with attendance at the Event. Holder covenants not to sue any of Group for use of Personage as provided herein.
(11) If any provision of this Ticket is determined to be invalid, illegal, or unenforceable, then such provision shall be deemed severed and not affect the enforceability of any other provision of this Ticket.