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TICKET TERMS & CONDITIONS – MANCHESTER MUSIC HALL
IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE;
HOLDER ACCEPTS RISK OF ILLNESS AND/OR INJURY;
By using a ticket (“Ticket”) to the Event (as defined below) at Manchester Music Hall (“MMH”), Ticket holder (“Holder”), on his/her/their own behalf and on behalf of (i) any minor accompanying Holder to the Event; and/or (ii) any other accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable Ticket terms) (collectively, an “Accompanying Party”), agrees to the following terms and conditions (the “Agreement”), which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. MMH may change the terms of the Agreement at any time, without notice, and Holder’s and/or Accompanying Party’s use of the Ticket(s) after such change is posted will mean that Holder and Accompany Party accept such change(s). Holder is solely responsible for reading and understanding the Agreement before using the Ticket and/or those of any Accompanying Party.
Holder agrees that: (a) neither Holder nor any Accompanying Party will transmit or aid in transmitting any information about the event at MMH to which the Ticket grants admission or any entertainment, attractions, pre-event activity, post-event activity, or concerts offered in connection with the event at MMH (collectively, the “Event”), including, but not limited to, any image, video, livestream, audio or other accounts or descriptions about the Event (collectively, the “Event Information”); (b) MMH or the artist performing at the event (“Artist”) is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (c) MMH and the Artist, and each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with MMH or the Artist and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the “MMH Entities”) and certain current and future sponsors and licensees of such MMH Entities will have the unrestricted right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of any Accompanying Party in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein are assignable.
Holder and Accompanying Party are subject to the rules and policies of MMH, and Holder (i) consents on behalf of Holder and Accompanying Party to allowing MMH or its designated agents to inspect Holder’s and/or any Accompanying Party’s person and/or any bags, clothing, or other articles for health, safety and security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or other reasonable measures; (ii) consents on behalf of Holder and Accompanying Party to health-related conditions for attendance that are now or may later be established by MMH, including any requirements pertaining to disease or virus testing, vaccinations, the wearing of masks and/or social distancing (the “Health-related Conditions”) and (iii) acknowledges and agrees that Holder and/or any Accompanying Party may be denied entry to or ejected from the Event if Holder and/or any Accompanying Party fail to adhere to Health-related Conditions and/or is/are in possession of any item or exhibit/exhibits any condition that MMH consider potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to health and security searches and/or screening of Holder and/or any Accompanying Party and waives any claims that Holder and/or any Accompanying Party might have against the Released Parties (as defined herein). Holder acknowledges that MMH has no liability for Holder’s and/or any Accompanying Party’s person or property.
Each Ticket to an Event at MMH is a limited, revocable license (the “Revocable License”) granted by MMH to attend the Event listed on the applicable Ticket. MMH reserves the right to terminate the Revocable License granted by the Ticket and/or those of any Accompanying Party prior to the time the Event actually takes place by tendering to Holder the purchase price printed on the Ticket(s) Further, MMH reserves the right, in its sole discretion and without refund of any portion of the purchase price, to revoke the Revocable License granted and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by it to be improper, disorderly or unbecoming; (d) who uses vulgar, derogatory or abusive language; (e) who, in the sole judgment of MMH, is engaging in activity or causing a disturbance prohibiting attendees at the Event from enjoying the Event; (f) who refuses to comply with any Health-related Conditions; and/or (g) whose condition or conduct jeopardizes the safety of attendees at the Event.
DISRUPTING AN EVENT AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH AN EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
ALL EVENT TIMES ARE SUBJECT TO CHANGE. MMH IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Holder assumes all risk associated with the purchase of any ticket(s) from anyone other than MMH or its designated agents. Tickets may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of MMH. In addition to restrictions on the sale of a Ticket as set forth by MMH, no offer to resell or resale of a Ticket is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any unauthorized resale will invalidate the Revocable License granted by a Ticket.
ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY
HOLDER RECOGNIZES THAT ATTENDANCE OF HOLDER AND ANY ACCOMPANYING PARTY AT THE EVENT IS VOLUNTARY AND MAY RESULT IN ILLNESS, PERSONAL INJURY (INCLUDING DEATH) AND/OR PROPERTY DAMAGE AND AGREES TO STAY ALERT AND REMAIN AWARE OF HIS/HER SURROUNDINGS AND THE SURROUNDINGS OF ANY ACCOMPANYING PARTY. BY USING THE TICKET OR BY ATTENDING, OBSERVING OR PARTICIPATING IN THE EVENT, HOLDER, ON BEHALF OF HOLDER AND ANY ACCOMPANYING PARTY, ACKNOWLEDGES AND ASSUMES ALL RISKS, HAZARDS AND/OR DANGERS ASSOCIATED WITH HOLDER AND/OR ANY ACCOMPANYING PARTY (I) BEING A SPECTATOR BEFORE, DURING, AND AFTER THE EVENT (INCLUDING ALL PRE-EVENT AND POST-EVENT ACTIVITIES) AND/OR (II) ATTENDING, OBSERVING OR PARTICIPATING IN THE EVENT, IN EACH CASE, WHETHER ANY SUCH RISK, HAZARD AND/OR DANGER OCCURS PRIOR TO, DURING OR SUBSEQUENT THERETO, INCLUDING BUT NOT LIMITED TO ANY INCIDENTS, ACCIDENTS OR ILLNESS ASSOCIATED WITH CROWDS OF PEOPLE OR THE ACTIONS, NEGLIGENCE OR MISCONDUCT OF OTHER SPECTATORS.
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF (“RELATED PERSONS”), AGREES THAT MMH AND MMH’S RESPECTIVE PAST, PRESENT AND FUTURE LICENSEES, SPONSORS, AND VENDORS, AND ALL OF THEIR SUCCESSORS AND ASSIGNS, COLLECTIVELY, THE “RELEASED PARTIES”), WILL NOT BE RESPONSIBLE FOR AND FURTHER WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO THE FOLLOWING “RELEASED CLAIMS”: ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT MMH OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY ANY OF THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF OR RELATE TO:
(1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES;
(2) THE INHERENT RISKS ASSOCIATED WITH VISITING MMH, INCLUDING, WITHOUT LIMITATION (A) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (B) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY; AND
(3) INVASION OF PRIVACY, DEFAMATION, VIOLATION OF ANY RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER CAUSE OF ACTION ARISING OUT OF THE PRODUCTION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, PUBLICATION, PUBLIC PERFORMANCE, BROADCAST OR EXHIBITION OF ADVERTISEMENTS, PROMOTIONS, CONTENT, PROGRAMS AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OF HOLDER OR ANY ACCOMPANYING PARTY MINOR(S) FROM THE EVENT APPEAR
HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (I) ANY MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN AND/OR (II) ANY OTHER ACCOMPANYING PARTY AS AN AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (A) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE MMH WITH SUCH MINOR AND/OR (B) ANY OTHER ACCOMPANYING PARTY, THEN THE ACCOMPANYING PARTY IS NOT AUTHORIZED TO ATTEND THE EVENT WITHOUT SEPARATELY PURCHASING A TICKET TO THE EVENT.
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (a “Communicable Disease”). If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.
Holder agrees to indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder’s and/or Accompanying Party’s attendance at, observation of, and/or participation in the Event, (ii) Holder’s and/or Accompanying Party’s acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.
COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON HIS/HER/THEIR BEHALF AND ON BEHALF OF ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF MMH.
Holder, on his/her/their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by MMH, including, without limitation, any policies and protocols regarding security, bags, ticket holder conduct and health and safety, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this Ticket and the Event date, (2) all Additional Conditions, and (3) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
In addition to the assumptions of risk and releases stated herein, Holder, on behalf of Holder, any Accompanying Party and their Related Persons, further acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease at MMH. By using this Ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this Ticket that cannot be eliminated.
TICKET HOLDER HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, Holder and/or any Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that neither Holder nor any Accompanying Parties will attend the Event if within ten (10) days preceding the Event, they have:
1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
MMH cares deeply about maintaining good relationships with its patrons. If you have a problem with a Ticket, a Ticket for any Accompanying Party or the Event itself, a telephone call to MMH may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Holder and MMH agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of a Ticket, Holder’s and/or an Accompanying Party’s participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury, illness or property damage arising out of Holder’s and/or any Accompanying Party’s attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION.
In any Arbitration Claim to be resolved by arbitration, neither Holder nor MMH will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and MMH would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Club each understand and agree that by requiring each other to resolve all disputes through individual arbitration, *_BOTH ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES 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 Consumer Arbitration Rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by 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 the parties both agree upon in writing. The arbitration shall take place in the City of Lexington, Kentucky. 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 Holder and MMH 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. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Party and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
Each party will be responsible for paying all arbitration fees as set forth in the AAA Consumer Arbitration Rules, Costs of Arbitration. Notwithstanding any other provision herein, Holder and MMH may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and MMH 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 the 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 the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (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 by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Event. You must send your request to: Old Tarr Entertainment, LLC, Attn: General Counsel, Re: Arbitration Agreement, 3228 Summit Square Place, Suite 180, Lexington, Kentucky 40509. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to MMH shall be sent by mail to Old Tarr Entertainment, LLC, Attn: General Counsel, Re: Arbitration Agreement, 3228 Summit Square Place, Suite 180, Lexington, Kentucky 40509. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.
*HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF (I) ANY MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN AND/OR (II) ANY OTHER ACCOMPANYING PARTY AS AN AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF (A) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE MMH WITH SUCH MINOR AND/OR (B) ANY OTHER ACCOMPANYING PARTY, THEN THE ACCOMPANYING PARTY IS NOT AUTHORIZED TO ATTEND THE EVENT WITHOUT SEPARATELY PURCHASING A TICKET TO THE EVENT. *
TICKET USE/REFUND POLICY
Retain possession of the Ticket until the Event has concluded. The Ticket cannot be replaced if lost, stolen or destroyed. The Ticket is good only for the particular Event indicated on the Ticket, and no part of the purchase price will be refunded by reason of the failure to use it for the Event.
Should the Event be postponed or otherwise not completed, MMH may reschedule or resume the Event on a new date or dates, at its sole discretion. Holder of a Ticket for an Event that is postponed or otherwise not completed may be given the option to use the Ticket on the date or dates on which such Event is rescheduled or resumed or for a future Event date(s), as may be announced in the sole discretion of MMH. No part of the purchase price will be refunded by reason of the failure of a Holder to use a Ticket on such rescheduled, resumed or future Event date or dates. All Events and Event activities are subject to modification or cancellation.