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Ticket Terms & Conditions

TICKET TERMS & CONDITIONS

IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE; HOLDER MUST BE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND ACCEPTS RISK OF ILLNESS AND/OR INJURY; AUTHORIZED RE-ENTRY ONLY; HOLDER MUST PRESENT GOVERNMENT ISSUED PHOTO IDENTIFICATON PRIOR TO ADMISSION TO EVENT. 

By using a ticket (“Ticket”) to the Event (as defined below), Ticket holder (“Holder”), on their own behalf and on behalf of 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 (“Agreement”), which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. UMG Nashville, a division of UMG Recordings, Inc. located at 222 2nd Ave. South, Suite 2200, Nashville, TN 37201 (“Company”) 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 Company owned content in connection with the Kip Moore private listening event on April 27, 2023 in Nashville, TN (“Event”), including, but not limited to, any video, livestream or audio (collectively, the  “Content”); (b) Company is the exclusive owner of all copyrights and other proprietary rights of the Event; and (c) Company and their respective parent, subsidiary, affiliated or successor companies; or the advertising, promotional or fulfillment agencies of any of them, 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, 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 the Company, and Holder (i) consents on behalf of Holder and Accompanying Party to allowing the Company 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) understands and agrees on behalf of Holder and Accompanying Party that attendance is inherently dangerous due to the COVID-19/Coronavirus pandemic which is a highly contagious and communicable disease; and, to the fullest extent permitted by law, each assumes all risks of illness or injury which may arise directly or indirectly, in whole or in part, from Event related activities. Additionally, Holder and Accompanying Party understand and agrees that, in response to economic and/or social conditions caused by COVID-19/Coronavirus, Company may be compelled to cancel the Event with little (if any) advanced notice 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 rules and policies of the Company. Holder acknowledges that the Company has no liability for Holder’s and/or any Accompanying Party’s person or property.

Each Ticket to the Event is a limited, revocable license (the “Revocable License”) granted by the Company to attend the Event. The Company 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 the Company, is engaging in activity or causing a disturbance prohibiting attendees at the Event from enjoying the Event; and/or (f) whose condition or conduct jeopardizes the safety of attendees at the Event.

TICKET PURCHASE AND TRANSFER RESTRICTIONS

Each individual or entity purchasing, acquiring and/or using a Ticket expressly acknowledges and agrees that the Company is making Tickets to the Event available for the purpose of permitting the purchasing individual or entity, or any subsequent Holder to attend the Event represented by the Ticket. As such, each individual or entity that purchases, acquires or uses a Ticket acknowledges to the Company that non-permitted transfers of Tickets (the “Ticket Transfer Restrictions”) may terminate the Revocable License granted by the Company for the usage of Ticket(s) or constitute a basis for the seizure or cancellation of the Ticket(s) without refund or other compensation.

For purposes of the Company’s Ticket Transfer Restrictions the following defined terms shall apply:

“Transfer(s)” shall mean any transfer of possession or use of a Ticket(s) by a Holder to a third party (in each instance whether such third party is a person or entity).

“Permitted Transfer” shall mean a Transfer that is authorized by or specifically exempted from these Ticket Transfer Restrictions.

“Non-Permitted Transfer” shall mean a Transfer specifically prohibited or determined by the Company to be unauthorized under these Ticket Transfer Restrictions.

“Resale” or “Resell” shall mean any Transfer of a Ticket in exchange for money or any other thing of value.

“Excess Value” shall mean the monetary value derived from the Resale of Ticket(s) in excess of (i) the price established by the Company when such Ticket(s) was sold or distributed by the Company, including any tax, service or convenience fees/charges charged by the Company.

“Broker Activity” shall mean any activity by an individual or entity to purchase or otherwise acquire Ticket(s) with the purpose or intent, as determined by the Company, to Resell the Ticket(s), including but not limited to the intent to realize Excess Value, as determined by the Company in its sole discretion.

By the acceptance, possession or use of a Ticket(s), each Holder, on their behalf and on behalf of any Accompanying Party, acknowledges and agrees to the following:

  1. Any Broker Activity involving a Ticket, as determined in the sole discretion of the Company, is a Non-Permitted Transfer, and shall constitute a basis for (a) termination of the Revocable License granted by the Company for the use of the Ticket, (b) the seizure or cancellation of the Ticket without refund or other compensation, and/or (c) termination of the Revocable License granted by the Company of all Tickets that are controlled by or affiliated with the violating Holder or individuals/entities associated with such Holder without refund or other compensation.
  2. Any Resale or attempted Resale of Ticket(s) on a publicly available, secondary ticket marketplace is a Non-Permitted Transfer and may constitute a basis for (a) termination of the Revocable License granted by the Company for use of the Ticket, (b) the seizure, cancellation or refusal to accept the Ticket without refund or other compensation, and/or (c) termination of the Revocable License granted for all Tickets that are controlled by or affiliated with such Holder or individuals/entities associated with such Holder without refund or other compensation.

ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE COMPANY IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.

Tickets may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Company. In addition to restrictions on the sale of a Ticket as set forth by the Company, 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 THEIR 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 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 OTHER HAZARDS OR DISTRACTIONS; AND ANY INCIDENTS, ACCIDENTS OR ILLNESS ASSOCIATED WITH CROWDS OF PEOPLE OR THE ACTIONS, NEGLIGENCE OR MISCONDUCT OF OTHER HOLDERS OR ACCOMPANYING PARTY.

THE FOREGOING RISKS SET FORTH ABOVE INCLUDE ALL RISKS THAT ARE IN ANY WAY RELATED TO OR ARISING FROM BEING EXPOSED TO OR CONTRACTING 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 AT THE EVENT. ACCORDINGLY, 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.

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 THE COMPANY, ARTIST AND THEIR RESPECTIVE PARENT, SUBSIDIARY, AFFILIATED OR SUCCESSOR COMPANIES; OR THE ADVERTISING, PROMOTIONAL OR FULFILLMENT AGENCIES OF ANY OF THEM  (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 THE EVENT 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 THE EVENT, INCLUDING, WITHOUT LIMITATION 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 ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY RULES 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 CONTENT AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OF HOLDER OR ANY ACCOMPANYING PARTY FROM THE EVENT APPEAR.

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. 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.

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)

Unless prohibited by federal law, Holder and the Company 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. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.

In any Arbitration Claim to be resolved by arbitration, neither Holder nor the Company will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the Company would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Company 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.

The arbitration shall take place in the City of Nashville, TN. 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 Company 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.

The Company will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the Company may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Company 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 and/or the conclusion of the Event (to the extent permitted by applicable law).

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 Company shall be sent by mail to UMG Nashville, 222 2nd Ave. South, Suite 2200, Nashville, TN 37201 . 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 ANY OTHER ACCOMPANYING PARTY AS AN AUTHORIZED AGENT.

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 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, the Company may reschedule the Event, at its sole discretion. No part of the purchase price will be refunded by reason of the failure of a Holder to use a Ticket on such rescheduled Event date.  Event is subject to modification or cancellation.