RELEASE OF LIABILITY.THE HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT, INCLUDING SPECIFICALLY (BUT NOT EXCLUSIVELY) THE DANGERS (1) THAT THE EVENT CROWD OR INDIVIDUAL ATTENDEES MAY BE INADEQUATELY MONITORED, MANAGED, OR CONTROLLED BY EVENT SECURITY, AND AS A RESULT MAY CAUSE PERSONAL HARM OR PROPERTY DAMAGE TO THE HOLDER, AND (2) THAT THE HOLDER MAY BE EXPOSED TO DRUGS, ALCOHOL, FIGHTING, OR OTHER REASONABLY FORESEEABLE DANGEROUS CONDITIONS OR ACTIVITIES PRIOR TO, DURING, OR SUBSEQUENT TO THE EVENT. THE HOLDER EXPRESSLY RELEASES THE EVENT FACILITY, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS.
NO REFUNDS OR EXCHANGE. EVENT DATE AND TIME SUBJECT TO CHANGE. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH THIS TICKET IS ISSUED IS RESCHEDULED OR CANCELLED, THE HOLDER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, THE HOLDER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THIS TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THIS TICKET FOR ANOTHER TICKET, COMPARABLE IN PRICE AND SEATING LOCATION, TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT. This ticket is not subject to any refund, bears no cash value, and is not redeemable for cash. Artist and set times are subject to change without notice. This ticket is not subject to exchange except as expressly provided above. If issued as a complimentary ticket, this ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat for which they are issued. It is unlawful to reproduce this ticket in any form. Management reserves all rights not expressly granted to the holder by these terms.
RESERVATION OF MANAGEMENT’S RIGHTS. Management reserves the right to refuse admission to or eject any person whose conduct or hygiene is deemed by Management, at Management’s sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the holder. The exercise of management’s ejection rights hereunder does not entitle the holder to a refund of the ticket price or any part thereof. This ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at management’s discretion. Unlawful resale or attempted resale is grounds for seizure and cancellation of the ticket, without compensation, at management’s discretion.
TRANSMISSION OR REPRODUCTION PROHIBITED. The holder agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the event, performance, exhibition or game for which this ticket is issued. The holder acknowledges that the event may be broadcast or otherwise publicized, and grants permission for holder’s image or likeness to be used in any live or recorded transmission or reproduction of such event, performance, exhibition or game.
COMPLIANCE WITH FACILITY RULES. The holder agrees to comply with all local or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles and containers of any kind from being brought into the event premises.
TICKET PRICE. Unless indicated otherwise, prices include all applicable taxes and/or cash discounts (if available). TICKET PRICE IS NONREFUNDABLE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
PURCHASE OF TICKETS. Elevate acts as an intermediary for the various venue operators and/or promoters (“Promoters”) of the events featured on this website. All sales made through this website are subject to the terms of this Agreement.
TERMS OF SALE. Tickets sold through this website grant to the Customer only a revocable license to the bearer that may be revoked at any time for any reason. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. Customer assumes all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction. The terms of sale of each ticket issued pursuant to a transaction initiated on this website are subject to any and all terms imposed by the applicable Promoter. In order to be admitted to an event, each Customer must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter.
RECORDING POLICY. No cameras or recording equipment of any kind are allowed at any event for which tickets are sold to Customers through this website. A violation of this policy will be grounds for revocation of all tickets issued to Customer and/or ejection from the applicable venue.
Individual Arbitration Agreement and Class Action Waiver
You and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for 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.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE 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 applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or 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 we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. 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 you and us 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. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we 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 this 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 this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (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 in writing within sixty (60) days after the date you sign this Agreement. You must send your request to email@example.com. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Payment Plan.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
CONSENT TO ELECTRONIC COMMUNICATIONS
By clicking “I AGREE” below, you consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to firstname.lastname@example.org or call 855-801-5706. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call 855-801-5706.
By clicking “[I AGREE]” below, you agree to these terms and conditions and you agree to the Arbitration Agreement, and the Consent to Electronic Contracting and Communications. If you do not agree to these terms and conditions, or the Arbitration Agreement, or the Consent to Electronic Contracting and Communications do not click “[I AGREE”]. As used in the Arbitration Agreement and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean Elevate and its successors, assigns and agents.
Notification of Changes to This Policy.
Hangout Music Festival is continually improving and adding new functionality and features to its websites and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, Hangout Music Festival’s data practices will change from time to time. If and when our data practices change, Hangout Music Festival will post the changes on our websites to notify you of the changes. We encourage you to check this page frequently.
Personal Data Collected Through hangoutmusicfest.com.
Other than cookies, as described below, the only personal data Hangout Music Festival currently collects through its websites is the information you voluntarily give us when you use our sites. For example, you may use this site to contact Hangout Music Festival with questions and comments. When you fill out a form on our websites, you may provide your name and other contact information, including your company’s name, your e-mail address, and your mailing address or the mailing address of your company or other personal information. If you do not wish to fill out all of the information on the form you are not required to do so. Most of our registration forms require only your name and e-mail address. When you submit information to us through hangoutmusicfest.com, you will receive a confirmation e-mail if you enter a valid e-mail address. When you use our websites to search for information about our festival, you are not providing us with any personal information. We offer the search features as a service to you. Hangout Music Festival does not collect or retain any identifying information about you when you use the search features.
Personal Data Collected Through RFID Wristband Purchase
Once you receive your wristbands, each individual in your party will be required to register that wristband on line as theirs and theirs alone.
Use of Personal Data Collected Through hangoutmusicfest.com.
Hangout Music Festival uses the personal data information you provide to answer your question or resolve your problem. Hangout Music Festival and our affiliates also use this information to help us improve the content and functionality of our websites, to better understand our customers and markets, and to improve our products and services. Hangout Music Festival and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “unsubscribe’ from receiving future communications.
Similarly, we may provide “subscription” e-mail services, either directly or through affiliates, which enable you to receive current news and updates about the Hangout Music Festival. For all such services, we will provide an opportunity to “unsubscribe” from, or cancel, the subscription. If you wish to unsubscribe from email communications, you may do so here.
Registration of RFID Wristbands and Use of Personal Data Collected Through RFID Wristband Purchase and Registration
When a ticket order is placed with us, we collect certain data during the order process. In addition, when the individual RFID wristbands issued in lieu of tickets are registered, we collect certain data about the person registering the RFID wristband. By registering your RFID wristband with us, your RFID wristband will be associated with you, as opposed to your ticket order, which may have included more than one ticket. In addition, registering your RFID wristband gives you the opportunity to receive communications about the festival from us.
Hangout Music Festival may use the personal data information you provide when you purchase tickets and, additionally, the information you provide when you register your RFID wristband, to contact you with information about your order or the festival. Hangout Music Festival and our affiliates also use this information to help us improve the content and functionality of our festival operations, to better understand our customers and markets, and to improve our products and services. Further, Hangout Music Festival and our affiliates may use the information we collect during the ticket ordering and RFID wristband registration to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each email communication we send you will contain instructions permitting you to unsubscribe from receiving future email communications.
Additionally, we may use the anonymous data provided by RFID technology for internal purposes, such as data analysis, to continually improve the operation of the festival. This data might include, but is not limited to, how many visitors enter the festival site, the date and time of their visit, the number of times they entered and exited, and which entrances and exits they came through. Your RFID wristband will allow the limited set of employees at the festival who have access to our ticketing systems in order to provide ticketing and RFID wristband related customer service to scan the RFID wristband and retrieve information we collect during the ticket ordering and RFID wristband registration processes. Our employees scanning RFID wristbands at the gates will not have access to our ticketing system, your ticket order information or your RFID registration information. When you scan your RFID wristband at one of our gate scanners, that process provides us information about your entry into the festival or the applicable part of the festival where the scanner is located. .
Anonymous Data Collected hangoutmusicfest.com.
In addition to the information you provide when you use our websites, Hangout Music Festival uses technology to collect anonymous information about the use of our websites. For example, we use technology to track how many visitors access our websites, the date and time of their visit, the length of their stay, and which pages they viewed. We also use technology to determine which web browsers our visitors use and the address from which they accessed our sites (for example, if they connected to a hangoutmusicfest.com web page by clicking on one of our banner ads).
This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our sites. Hangout Music Festival and our affiliates use this anonymous data and share it with third parties to improve the content and functionality of our websites, to better understand our customers and markets, and to improve our products and services.
Disclosure of Your Personal Data.
While no method of data transmission is guaranteed against unlawful third party interception or other misuse, Hangout Music Festival uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods at our physical facilities. Hangout Music Festival employees and contractors may have access to personal data. Such access will be limited to a need-to-know basis.
Hangout Music Festival does not knowingly collect personal data from children under the age of thirteen. If you are under thirteen, please do not give us any personal data. If you have reason to believe that a child has provided personal data to Hangout Music Festival, please contact us, and we will try to delete that information from our databases.
Link to Other Sites.