Bond & Play, LLC, a Delaware corporation (together with its affiliates, “Organizer”), is the organizer of RCKARTx in Atlanta (“Show”) held at 315 Peters Street, Atlanta GA 30317. The holder of a ticket, including, without limitation, any VIP invitation and/or VIP cards and any other entrant (“Holder”) is aware and agrees that: (i) Organizer may use Holder’s image, voice or other proprietary or public rights of Holder for marketing purposes without compensation; and (ii) Organizer may refuse access or exclude Holder from the Show, without reimbursement for any entrance or other fees paid by Holder, if Holder does not comply with applicable law and regulations, including but not limited to, the terms of the rules and regulations set forth herein.
Holder acknowledges and agrees that a ticket to the Show, including, without limitation, a VIP card and/or invitation (a “Ticket”), is a revocable license and may be revoked by Organizer and admission to the Show refused for any reason, without refund.
Unauthorized or unlawful resale or attempted resale of a Ticket is grounds for seizure and cancellation of all admission privileges without compensation.
Use of timed entry Tickets is not a guaranty to be able to view the entirety of the Show. The Show will close at its regularly scheduled time regardless of the time posted on a Holder’s Ticket. Some entrances to the Show Sites may also close and/or be converted to exit-only portals slightly earlier than posted for crowd control purposes and to facilitate an orderly exit and closing of the Show.
Tickets obtained from unauthorized sources are void. Holder agrees by use of a Ticket and/or entry into the Show, not to transmit or aid in transmitting any description, account, picture or reproduction of the performance, exhibition or event to which a Ticket is issued.
Holder, on Holder’s behalf and on behalf of Holder’s spouse, family, heirs, beneficiaries and personal representatives (“Releasors”), assumes all risks incident to the Show, including but not limited to the risk of lost, stolen or damaged property, personal injury and death, and Holder further acknowledges all risks involved in attendance, including the risk of injury, death and/or property damage or loss (whether foreseen or unforeseen, known or unknown).
Holder, on Holder’s behalf and on behalf of Releasors, hereby releases and forever discharges Organizer, its board of directors, their respective affiliates, chapters, officers, agents, staff, employees, successors and assigns, affiliates and representatives (“Releasees”) from and against any and all liability for any and all claims, demands, actions, causes of action of whatever kind or nature, costs and expenses of any nature, including attorneys’ fees (“Claims”) that Holder and Releasors may have or that may hereafter accrue to them, arising out of or related to any harm, loss, damage or injury, including but not limited to suffering, death or property loss that may be sustained by Holder or Releasors, whether caused by Holder’s action or negligence or the action or negligence of Releasees or third parties in connection with the attendance at the Show. Holder also agrees not to sue Releasees in connection with any such harm, loss, damage or injury.
Holder agrees to indemnify and hold Releasees harmless from and against all claims asserted against any of the Releases by any person or entity based upon Holder’s attendance at the Show or related activities.
Holder acknowledges that any release contained herein is intended to be as broad and inclusive as permitted by law, and if any provision thereof is held invalid, the balance shall continue in full legal force and effect.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLDER DISCLAIMS, ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF IMPLIED WARRANTY, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THE DAMAGES SPECIFICALLY EXCLUDED HEREBY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF PROFIT, SAVINGS OR REVENUE, CLAIMS OF THIRD PARTIES, PUNITIVE DAMAGES AND DAMAGES TO PROPERTY.
Any dispute between Organizer and Holder arising under or related to the Show, including without limitation the arbitrability of such dispute, shall be resolved exclusively by binding arbitration in New York under the rules of the American Arbitration Association and under the laws of the New York (without regard to its conflicts of laws principles). An award or decision rendered by the arbitrator(s) shall be final, binding and conclusive and judgment may be entered upon such award by any court. The prevailing party, as determined by the arbitrator(s), shall be entitled to the recovery of reasonable attorneys fees and the costs of arbitration.
Holder hereby agrees that any and all disputes, including any Claims made by Holder against any of the Releasees must be arbitrated on an individual basis only. By purchase and/or use of a Ticket and/or entry into the Show, Holder hereby waives any right to litigate or arbitrate any Claim as a class action, representative action or class arbitration against any of the Releasees.
Holder and Holder’s belongings are subject to a thorough inspection before entering and while exiting any Show Sites. Holder must comply with all requests and instructions from the onsite security staff. Any disruptive behavior or failure to follow instructions of onsite security staff could result in removal from the Show.
Any Holder contravening Organizer’s rules and regulations (or rules and regulations applicable to any Show Site), or Holder whose behavior at the Show gives rise to justified complaints from visitors, exhibitors or Organizer may be excluded from the Show with immediate effect or refused admission to future editions of the Show.
Holder is solely responsible for the security of all goods, property, equipment, materials, product or any other items (“Holder’s Property”) that Holder and Holder’s guests, agents, or other representatives bring to the Show. The Show shall have no obligation or liability whatsoever for any loss, misplacement or theft of Holder’s Property unless such loss, misplacement or theft directly arises from the Shows willful misconduct.
Possession of any dangerous article, including but not limited to, firearms, destructive devices, explosives, slingshots, weapons, tear gas guns, electric weapons or devices and fireworks, are expressly prohibited at the Show, except as provided by Atlanta law. Holder agrees that this policy is in force, and agrees to comply with the policy, regardless of whether signs prohibiting weapons are posted on the premises of any official Show Sites.
Holder hereby grants Organizer the right and license to publish, print, display, record and use (by photograph, film, tape, aural devices and any other method or device) the Holder’s and guests’, name, voice, image and likeness while at the Show (the “Recordings”), and use such Recordings for any and all purposes, in any and all media now known or hereafter devised.
The Rules for Visitors can be found here, and the Holder hereby further acknowledges and agrees to have reviewed such rules, and to be subject to all terms and conditions contained therein.
The Show is subject to change without notice.
Purchase and/or use of a Ticket and/or entry into the Show constitutes acceptance of the above terms and conditions.
Bond & Play, LLC® are registered trademarks.
COVID 19 WARNING AND IMPORTANT INFORMATION:
- ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. In addition to, and not in limitation of, the above, Holder fully understands that:
(a) the novel coronavirus SARS- CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present;
(b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the Show Sites (collectively, the “Venue Protocols”) by local, state, and federal governmental agencies, the owner/operator of the Show Sites, and/or by the Organizer and its affiliated companies (as applicable), (individually or collectively, “Event Organizer”) and/or third parties, can fully eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Holder’s spouse, family members, and other persons in proximity to Holder; and
(d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
- ASSUMPTION OF RISKS, HAZARDS AND DANGERS. HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE SHOW SITES, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, WHETHER OCCURRING BEFORE, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT THE SHOW. HOLDER HEREBY ASSUMES, ON BEHALF OF ITSELF AND RELATED PERSONS, ALL RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
- RELEASE, WAIVER & COVENANT NOT TO SUE.
(a) HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT A HOLDER OR ANY OF HOLDER’S RELEASED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 2, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) HOLDER’S EXPOSURE TO COVID-19; (II) HOLDER’S RELEATED PERSON’S OR RELATED PERSONS’ EXPOSURE TO COVID-19, (III) HOLDER’S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE SHOW SITES AND/OR COMPLIANCE WITH THE SHOW SITES AND/OR EVENT ORGANIZER POLICIES, PROCEDURES AND PROTOCOLS; (IV) ANY INTERACTION BETWEEN HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE SHOW SITES (INCLUDING, WITHOUT LIMITATION, EVENT ORGANIZER PERSONNEL, ACCESS MANAGEMENT PERSONNEL, USHERS, TICKET-TAKERS, SECURITY, HEALTH, SAFETY AND MEDICAL PERSONNEL, OR CLEANING, CONCESSION, OR PARKING PERSONNEL); OR (V) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 AND OTHER RISKS) (COLLECTIVELY, THE “CLAIMS”), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
(b) FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) THE ORGANIZER, THE OWNER/OPERATOR OF THE SHOW SITES AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT PARENTS, AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS) AND OTHER PERSONNEL; (II) THE DIRECT AND INDIRECT OWNERS, LESSEES AND SUBLESSEES OF SHOW SITES AND EVENT ORGANIZER; (III) ALL THIRD PARTIES PERFORMING SERVICES AT THE SHOW SITES OR FOR THE SHOW; AND (IV) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS OF EACH OF THE FORGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES.
- HEALTH AND SAFETY POLICY: COVID-19 safety measures may apply to enter the Show and/or various Show Sites. Please refer to the Show website for regular updates.