Dear Media, LLC (“Company”) is the producer and promoter of the live, in person event entitled, “Dear Media IRL” (the “Event”) to be held on May 4, 2024 in Austin, Texas. By purchasing one or more tickets to the Event (each, a “Ticket” and collectively, the “Tickets”), you agree to be bound by the terms and conditions set forth below (the “Agreement”).
- Term and Termination. You may terminate this Agreement at any time by requesting that Company close your Account. Without limiting any of Company’s rights set forth herein, Company may terminate this Agreement at any time by giving you notice of same via email to your registered email address. Termination of this Agreement does not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiration and/or any terms intended expressly or by implication to survive termination or expiration.
- Your Account. You must register an account with us (the “Account”) in order to or purchase one or more Tickets. You hereby acknowledge and agree that (i) you accept the terms in this Agreement, (ii) you are at least 18 years old and are able to enter into legally binding contracts, (iii) if you are registering with us for a business entity, you have the authority to legally bind said entity, and (iv) all information provided by you in connection with your Account and/or the purchase of one or more Tickets is complete and accurate. Company reserves the right to temporarily or permanently suspend your Account if you provide incomplete or inaccurate information. You are solely responsible for maintaining the confidentiality of your Account information and password. You are solely responsible for any activity relating to your Account. Your Account is not transferable to another party.
- Fees and Other Charges. Company may charge fees for buying Tickets, as well as delivery or fulfillment fees (collectively, the “Service Fees”). Company may, in its sole and absolute discretion, change the Service Fees at any time. Any applicable Service Fees including any taxes if applicable will be disclosed to you prior to buying a Ticket. Company may charge and/or retain Service Fees if you do not fulfill your contractual obligations under this Agreement. If you as change your postal address after you have purchased your Ticket(s) and require Company to deliver your Ticket(s) to this new postal address, or if you have specified an incorrect postal address, Company may charge you for any additional delivery costs which arise out of re-arranging the delivery of your Ticket(s) to the new or correct postal address. Company may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. Company, or the collection agency retained by Company, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information we reported to a credit bureau, please contact Company. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
- Buying Tickets. You are responsible for reading all posted information before making a commitment to buy Tickets. All sales are final. You may not change or cancel any orders after the sale is complete.
- Event Changes. If the Event is canceled and not rescheduled, we will inform you about the cancelation with further instructions. Any refunds will be determined in our sole discretion (unless a refund is required by law). If the Event is postponed, we will work with you on a case-by-case basis attempting to resolve any Ticket issues. Refunds will not be issued for such postponements, unless the Event is ultimately canceled as set forth above. Company is not responsible for partial performances, venue, line-up or time changes.
- Image Release. Photographs and/or audio/video recordings taken at the Event by Company, or others on behalf of Company, may include your image, name, voice and/or likeness. By attending and/or participating in the Event, you hereby grants Company permission to perpetually use, and to sublicense to third-parties, your photograph, image, likeness, voice and statements (whether in writing or orally) for any purpose, including, without limitation, commercial purposes, without compensation or credit to the you, in any and all media, worldwide, now known or hereafter devised.
- Rules of Conduct. You agree to abide by any and all rules, regulations, and schedules of Company, which may be posted or distributed at or prior to the Event, whether distributed by e-mail, or issued orally, all of which, you acknowledge and agree may be amended from time to time in the Company’s sole and absolute discretion. You further agree that you will comply with all Federal, State, Travis County and City of Austin laws and ordinances. You agree that you will observe all posted signs at the Event at all times. There is a no smoking policy in place for the Event. You acknowledge and agree that Company has a zero tolerance policy against any abuse (including physical, sexual, and verbal), hate speech, gross negligence, and willful misconduct. You acknowledge that Company reserves the right to restrict or prevent my participation at the Event at any time in the event that Company staff or designees, including, but not limited to their representatives and/or security reasonably determine that my behavior is unsafe or in violation of this Section, in Company’s absolute discretion, and that you may be removed from the Event for any reason, in Company or its designees’ sole discretion.
- VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK. YOU UNDERSTAND AND AGREE THAT ATTENDING THE EVENT IS VOLUNTARY AND MAY INVOLVE CERTAIN RISKS OF PHYSICAL INJURY, DAMAGE TO PROPERTY, WHETHER PHYSICAL PROPERTY OR INTELLECTUAL PROPERTY, AND OTHER DAMAGES OR LOSSES THAT MAY BE SUSTAINED BY YOU, AND YOU ASSUME ALL RISK OF DAMAGE, PROPERTY LOSS, AND/OR PERSONAL INJURY WHICH MAY OCCUR AS A RESULT OF ATTENDING IN THE EVENT, INCLUDING, WITHOUT LIMITATION, EXPOSURE TO CDC IDENTIFIED PANDEMIC LEVEL COMMUNICABLE ILLNESSES (INCLUDING COVID-19). PARTICIPANT HEREBY RELEASES COMPANY AND ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, SUPPLIERS AND REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, 1500 EVENTS, LLC (THE “RELEASED PARTIES”) FROM ANY LIABILITY ASSOCIATED WITH ATTENDING THE EVENT, INCLUDING LIABILITY FOR THE NEGLIGENCE OF ANY RELEASED PARTIES, UNLESS SUCH LIABILITY IS DUE TO THE GROSS NEGLIGENCE OF THE RELEASED PARTIES, IN WHICH CASE THE RELEASE WILL STILL APPLY TO ANY OF THE RELEASED PARTIES THAT WERE NOT GROSSLY NEGLIGENT.
- LIMITATION OF LIABILITY. IN NO EVENT IS COMPANY LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, 1500 EVENTS, LLC) FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DATA LOSS, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR ATTENDANCE AT THE EVENT, EVEN IF YOU OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NO WARRANTIES. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS, YOUR ATTENDANCE AT THE EVENT, AND ALL SERVICES AND PRODUCTS PROVIDED IN CONNECTION WITH THE EVENT, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, RELIABILITY, INTEGRATION, SAFETY, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES NOT EXPRESSLY STATED HEREIN AND MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU ABOUT THE SUITABILITY, CONDITION OR SAFETY OF THE EVENT, YOUR ABILITY TO ACCESS OR USE EVENT-RELATED CONTENT OR SERVICES, ANY EQUIPMENT PROVIDED BY COMPANY OR ITS VENDORS (INCLUDING, WITHOUT LIMITATION, 1500 EVENTS, LLC), COMPANY SERVICES OR PRODUCTS SUPPLIED AS PART OF THE EVENT OR THAT THE EVENT, INCLUDING ANY STREAMING, WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.
- Indemnification. You agrees to indemnify, defend, and hold Company and its affiliates, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers, and representatives (including, without limitation, 1500 Events, LLC) harmless from and against any and all claims, demands and all other liabilities, including, without limitation, costs and attorneys’ fees, made by any third party arising out of or in connection with your attendance at the Evens, or any violation of this Agreement by you.
- Governing law. This Agreement is governed by and interpreted pursuant to the laws of the state of California, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of California. Any disputes arising out of or related to the relationship of the parties hereto, including but not limited to this Agreement will be submitted to the Judicial Arbitration and Mediation Services (“JAMS”) in the JAMS office in Los Angeles, California for arbitration before a single arbitrator in accordance with JAMS’ Streamlined Arbitration rules. A copy of these rules can be found at https://www.jamsadr.com/rules-streamlined-arbitration/. The parties hereto may seek, and the arbitrator may grant injunctions or other equitable relief allowed under applicable law (including without limitation pursuant to JAMS emergency procedures) in such dispute or controversy; however, this does not preclude the right of the parties hereto to seek injunctive relief separately, in a court of competent jurisdiction, where permitted under the terms of the contract(s) of the parties hereto, including but not limited to this Agreement. The decision of the arbitrator is final, conclusive, and binding on the parties to the arbitration. Any arbitration award may be entered as a judgment in any appropriate court. To the extent permitted by applicable law, the parties will share the costs and expenses of such arbitration, and to the extent permitted by applicable law, the prevailing party is entitled to recover their reasonable costs and attorneys’ fees. At the election of either party hereto, and notwithstanding any of the foregoing, such party may also seek immediate injunctive relief from an appropriate court. The parties hereto agree that the enforceability of this mutual agreement to arbitrate is governed by the Federal Arbitration Act. This mutual agreement to arbitrate does not prevent either party from participating as a witness or provided testimony in any proceeding. The parties hereto acknowledge that this mutual agreement to arbitrate means that each party is waiving their right to a jury trial.
- General. Nothing in this Agreement establishes an agency, partnership or joint venture between the parties, or relationship of employer or employee, between the parties (or between either party and the other party’s personnel). Headings are included for convenience only and will not be used to construe the Agreement. In the event that any term or provision of this Agreement is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other term or provision hereof (which will remain in effect), and the parties agree thereafter to use their best efforts to substitute a provision of similar economic intent and effect. Company may assign this agreement to a third-party at its discretion. You acknowledge and agree that you have read and understand the terms of this Agreement and intend to be legally bound by its terms.