All Ticket Sales Are Final And Governed By This Ticket Disclaimer
Baltimore Jazz Festival Ticket Disclaimer
WARNING AND NOTICE OF RESTRICTED LICENSE
Tickets to Baltimore Jazz Festival are revocable licenses that only grant a one-time entry into the Venue and general admission, or if specified on the ticket, a VIP location, for the\ specified (the “Event”) with no right of re-entry. The person seeking entry pursuant to such license, and any accompanying minors (“Holder”), agrees that such license is subject to these terms (“Terms”) and by purchase, acceptance, and/or use of such license, Holder is deemed to have read the Terms and has agreed to be bound by them. Failure to comply with the Terms shall result in forfeiture of the license and all rights arising under it without refund and entitle Astute Marketing Group, LLC, (“Management”) to pursue all legal remedies available. Admission may be refused or revoked and Holder may be ejected in Management’s sole discretion.
ALL TICKET SALES ARE FINAL. NO REFUNDS. EXCHANGES FOR FUTURE BALTIMORE JAZZ FESTIVAL EVENTS AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, venue capacity limitations result in ticket cancellation, or the Event is canceled due to covid-19 or weather and not rescheduled for any reason, is to obtain a voucher for up to the face value of the ticket set by Management (“Face Value”) for future events up to two years. Vouchers must be used within 24 months from the original dates of the events. Management’s liability for any breach of the Terms shall not exceed the Face Value. IN NO EVENT SHALL MANAGEMENT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THE TICKET. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THE TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN BALTIMORE, MD. HOLDER AND MANAGEMENT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS THAT THEY ARE WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE VENUE. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
The Event date and time (and gate opening) are subject to change at Management’s sole discretion, and no such change shall entitle Holder to a refund or other remedy if Holder cannot attend or for any other reason. Holder may be relocated in Management’s sole discretion, and no such relocation shall entitle Holder to a refund or other remedy if Holder is relocated to a location of comparable Face Value.
Holder must comply with all Event policies, rules, and regulations, including without limitation policies addressing security and holder conduct, health and safety, and bags. Holder and Holder’s belongings may be searched or assessed. Prohibited items may be confiscated and Holder’s admission may be denied or revoked at Management’s sole discretion. Holder consents to such searches and assessments and waives all related claims. If Holder does not consent, Holder acknowledges Management has the right to deny or revoke Holder’s admission without refund. Management reserves the right to deny or revoke the admission of any person who it determines, in its sole discretion, poses a risk to the health or safety of other attendees or whose conduct violates these Terms, any Event policies, or is otherwise disorderly (or complicit therein) without refund.
Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) (1) in any form, any description or account (whether text, data or visual, and including, without limitation, play-by-play data) of the Event or related events (collectively, “Descriptive Data”) for any commercial or non-personal, purpose; (2) any images, videos, audio or other form of display or public performance or reproduction of any portion of the Event or related events (“Works”) for any commercial or non-personal purpose; or (3) livestreams of any portion of the Event or related events (“Livestreams”). Notwithstanding the foregoing, Holder agrees that by causing their ticket to be scanned upon entry to the Event, Holder shall be deemed to have signed the ticket and granted Baltimore Jazz Festival an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Works, Livestreams, and Descriptive Data. Holder grants irrevocable permission to the Baltimore Jazz Festival, and their respective sponsors, licensees, advertisers, broadcasters, designees, partners and agents to use, publish, distribute and/or modify Holder’s image, likeness, voice, actions and statements in any medium including, without limitation, audio, video, or images of the Event for any purpose without further authorization or compensation, and waives all claims and potential claims relating to such use unless prohibited by law.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to the Event and related events, including the risk of personal injury (including death), exposure to communicable diseases, viruses, bacteria or illnesses, or the causes thereof, or lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused and whether or not and including if Management was negligent or otherwise at fault, and hereby waives, and agrees not to sue Management for, any and all claims and potential claims relating to such risks, hazards and dangers. NOVEL CORONAVIRUS SARS-COV-2 (TOGETHER WITH ANY VARIATION THEREOF, “COVID-19”) IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CDC ADVISES THAT SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. BY ENTERING THE VENUE AND VENUE GROUNDS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19.
Management is not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor them. Tickets may not be used for, or in connection with, any form of commercial purposes including, without limitation, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming, without the express written consent of the Baltimore Jazz Festival. Use of tickets in violation of law is strictly prohibited and will result in seizure, revocation and/or forfeiture of the license without refund. Holder must keep this ticket on their person at all times after entering the Venue.
RELEASE, WAIVER & COVENANT NOT TO SUE. On behalf of Holder and Holder’s Related Persons, Holder releases and covenants not to sue each of the Released Parties with respect to any and all claims that Holder or any of Holder’s Related Persons may have or hereafter accrue, against any of the Released Parties, that relate to any of the risks, hazards and dangers described above, including without limitation any and all claims that arise out of or relate in any way to Holder’s (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Event (including all risks related thereto, including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Event; or (iii) interaction with any personnel of any of the Released Parties at the Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
- “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 the release herein), and other persons acting or purporting to act on Holder’s or their behalf.
- “Released Parties” means: (i) Astute Marketing Group, LLC, Bayview Golf Center, and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and their employees) and other personnel; (ii) the direct and indirect owners, lessees and sublessees of Bayview Golf Center and related venue grounds (including, without limitation, parking areas and entry gates) (“Venue”); (iii) all third parties performing services at the Venue; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, subcontractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.
Attendee Health Promise
Holder agrees, on behalf of Holder and anyone for whom Holder obtains a ticket, that Holder and each such individual will not attend the Event if they have tested positive for COVID-19 within 14 days prior to the Event, or, unless they are fully vaccinated for COVID-19 (as defined by the CDC), any of the following is true on the Event date:
- Within the prior 14 days, they have been exposed to someone who has tested positive for COVID-19, or are subject to a federal or local travel or quarantine advisory due to COVID-19;
- Within the prior 48 hours, they have experienced symptoms of COVID-19 (e.g., fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms identified by the CDC) (anyone who is fully vaccinated but experiences any of the above symptoms within 48 hours before the Event should nevertheless consult a healthcare provider and get tested for COVID-19 before attending).
Photo and Video Disclaimer Clause
Baltimore Jazz Festival reserves the right to use any photograph/video taken at any event sponsored by Baltimore Jazz Festival, without the expressed written permission of those included within the photograph/video. Baltimore Jazz Festival may use the photograph/video in publications or other media material produced, used or contracted by including but not limited to: Websites, social media accounts and campaigns, mobile apps, newspapers, magazines, television, and etc.
If any provision of this revocable license is determined to be invalid, illegal, or unenforceable, it shall be deemed severed and not affect the enforceability of any other provisions, which shall be enforced as if the revocable license did not contain the invalid, illegal, or unenforceable provision.
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