EVENT TICKET TERMS AND CONDITIONS
IMPORTANT: THIS EVENT TICKET IS A REVOCABLE LICENSE; HOLDER ACCEPTS RISK OF ILLNESS/INJURY; THIS TICKET LIMITS HOLDER’S LEGAL RIGHTS
By using this ticket to attend a NextName sponsored event (the “Event”) at a location or venue (the “Host Venue”), ticket holder, on his or her own behalf and on behalf of any accompanying minor (together, “Holder“), agrees to the following terms and conditions (the “Agreement”), including an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. ILL-NFT, Inc., doing business as NextName (“NextName”) may update the terms of the Agreement at any time, without notice, and Holder’s use of this ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using this ticket.
The Holder hereby grants NextName the unrestricted right and license to use Holder’s name, image, likeness, voice, comments and/or other proprietary or public rights in any live or recorded broadcast, telecast, 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 to NextName are assignable.
Holder, on his or her own behalf and on behalf of any Accompanying Parties (as defined at the conclusion of this paragraph), (a) consents to security searches, screenings and/or inspection of Holder’s and/or any Accompanying Parties’ person, bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise; and (b) acknowledges and agrees to comply with (i) all relevant policies and protocols issued by any NextName entity and/or the Host Venue, including without limitation any policies and protocols regarding security and fan conduct, health and safety (e.g., social distancing rules, mask requirements, etc.), and bags, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this ticket and the Event date, and (ii) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities. Holder acknowledges that NextName has no liability for Holder’s and/or any Accompanying Parties’ person or property. An “Accompanying Party” is any person attending the Event with Holder who is seated within Holder’s socially distanced seating pod (all of whom Holder represents have authorized Holder to act on their behalf for purposes of the agreements and releases herein) (collectively, the “Accompanying Parties“).
NextName reserves the right to terminate the license granted by this ticket by tendering to Holder the purchase price printed on this ticket. Further, NextName reserves the right, without refund of any portion of the purchase price, to revoke the license granted
by this ticket and refuse admission to, or eject from, the Event, Holder and any Accompanying Parties if any such person (a) violates the terms of the Agreement, including without limitation any applicable of the venue where the Event is located; (b) is in possession of any item or object that NextName considers potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated; (c) appears to be or is intoxicated; (d) engages in conduct deemed by NextName to be improper, disorderly or unbecoming; (e) uses vulgar or abusive language; or (f) poses a risk to the health or safety of others.
Holder assumes all risk associated with the purchase of this ticket from anyone other than NextName or its designated agents. This ticket may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of NextName. No offer to resell or resale of this ticket is permitted to the extent prohibited by any applicable federal, state or local law. Any such resale will invalidate the license granted by this ticket. This ticket may not be resold or offered for resale inside the Host Venue, including surrounding grounds or parking areas, and any person who sells or offers this ticket for resale at any price inside the Host Venue will be removed from the premises and may be prosecuted.
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder and/or any Accompanying Parties may infect others that Holder and/or any Accompanying Parties may subsequently come in contact with, even if Holder and/or any Accompanying Parties are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that neither Holder nor any Accompanying Party will use this ticket if within fourteen (14) days preceding the Event, such person(s) has/have:
(a) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
(b) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(c) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A “Communicable Disease” as used herein is COVID-19, 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.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Holder, on his or her own behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes the risk in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in and around any part of the Host Venue. By holding this ticket, Holder is acknowledging and confirming, on behalf of Holder and any Related Parties (as defined at the conclusion of this paragraph) both now and in the future, that Holder understands and expressly assumes the risk that Holder and/or any Accompanying Parties 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, on his or her own behalf and on behalf of any Accompanying Parties, 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 and/or any Accompanying Parties 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. “Related Parties” are any Accompanying Parties as well as Holder’s and any Accompanying Parties’ personal representatives, heirs, spouses, guardians, executors, successors, assigns, administrators, next of kin, and any other persons acting or purporting to act on their behalf.
ASSUMPTION OF RISK OF PERSONAL INJURY, ILLNESS AND/OR PROPERTY DAMAGE
Holder recognizes that attendance of Holder and any Accompanying Parties at the Event is voluntary and may result in personal injury (including death), illness and/or property damage and agrees to abide by all Host Venue policies and to stay alert and remain aware of Holder’s surroundings. By using this ticket or by attending, observing or participating in the Event, Holder, on his or her own behalf and on behalf of any Related Parties, acknowledges and assumes all risks and dangers associated with attending, observing or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by persons; animals; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators. Holder, on his or her own behalf and on behalf of any Related Parties, agrees that the Released Parties (as defined at the conclusion of this paragraph) will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered as a result of (x) Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event and/or (y) the sole, joint, or comparative negligence, or strict liability, of the Released Parties (collectively, the “Spectator Claims“). “Released
Parties” are: (i) NextName, (ii) NextName’s respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (iii) all other NextName related entities, (iv) the Host Venue and the owners and/or operators thereof, (v) any local or state governmental body associated with the Host Venue, (vi) the ticket vendor and/or provider, and (vii) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities.
GENERAL RELEASE OF LIABILITY AND COVENANT NOT TO SUE
ON HIS OR HER OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, HOLDER WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO 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) THE USE OF THIS TICKET BY HOLDER AND/OR ANY ACCOMPANYING PARTIES, (B) HOLDER’S OR ANY ACCOMPANYING PARTIES’ PRESENCE AT THE HOST VENUE OR (C) HOLDER’S OR ANY ACCOMPANYING PARTIES’ PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE HOST VENUE, INCLUDING, WITHOUT LIMITATION (a) ALL SPECTATOR CLAIMS; (b) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTIES, OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTIES; (c) ALL CLAIMS IN CONNECTION WITH ANY SECURITY SEARCHES OR SCREENINGS OF, OR APPLICATION OF ANY OTHER HEALTH AND SAFETY PROTOCOLS TO, HOLDER AND/OR ANY ACCOMPANYING PARTIES; AND/OR (d) ALL CLAIMS FOR 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 ADVERTISEMENTS, PROMOTIONS, CONTENT, PROGRAMS AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OF HOLDER OR ANY ACCOMPANYING PARTIES FROM THE EVENT APPEAR (COLLECTIVELY, THE “RELEASED CLAIMS“).
HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
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 related to exposure or contraction of COVID-19 or other Communicable Disease. 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. BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON HIS OR HER OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) SUCH OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (I) SUCH MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE HOST VENUE WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE HOST VENUE.
Holder will 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) Released Claims, (ii) Holder’s and/or any Accompanying Parties’ acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.
HOLDER AGREES THAT THE INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED HEREIN ARE WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OF ANY RELEASED PARTY, WHETHER ACTIVE OR PASSIVE, STRICT LIABILITY, LATENT, PATENT, OR PRE-EXISTING DEFECTS OR CONDITIONS, AND INCLUDING ANY CLAIMS ARISING OUT OF INGRESS, EGRESS, LOADING AND UNLOADING OF PERSONNEL OR CARGO.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
NextName cares deeply about maintaining good relationships with customers. If you or any of your Accompanying Parties have a problem with this ticket or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Holder and NextName agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s or any Accompanying Parties’ use of this ticket, Holder’s and/or any Accompanying Parties” participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of illness (including COVID 19 or other Communicable Disease), bodily injury or property damage arising out of Holder’s and/or any Accompanying Parties’ 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 NextName will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and NextName would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and NextName each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE 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.
Arbitrations shall be administered by JAMS in accordance with its then-existing commercial arbitration rules. You may obtain information about arbitration, arbitration procedures and fees from JAMS by calling (949) 224-1810 or visiting www.jamsadr.com. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the city where the Host Venue is located. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. 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 NextName 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 Parties, Related Parties and/or Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
NextName 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 NextName may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and NextName 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, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (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 by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Event. You must send your request to: NextName, Attn: Legal Department, Re: Arbitration, 191 N. Wacker Drive, Suite 2300, Chicago, Illinois 60606. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my “Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to bringing a claim 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 NextName shall be sent by mail to NextName, Attn: Legal Department, Re: Claim Notice, 191 N. Wacker Drive, Suite 2300, Chicago, Illinois 60606. 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.
IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT.
IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE HOST VENUE WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE HOST VENUE.
ALL EVENT TIMES ARE SUBJECT TO CHANGE. NEXTNAME IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Retain possession of this ticket until the Event has occurred. This ticket is good only for this particular Event and no part of the purchase price will be refunded or credited by reason of the failure of Holder to use it for this Event.
REFUND POLICY FOR CANCELED EVENTS
In the event that the Event is canceled before the date on which the Event was scheduled to occur, a refund will be posted to the payment card used for payment of the ticket. No credits will be issued and the ticket will have no cash value. No refund will be given under any circumstance for tickets that were purchased for less than $5.00.
POLICY FOR RESCHEDULED EVENTS
Should an Event not be played or completed or should any other Event not occur on the date it was originally scheduled, this ticket will admit Holder on the date or dates on which this Event is rescheduled or resumed, as announced in the sole discretion of NextName. No part of the purchase price will be refunded or credited by reason of the failure of Holder to use this ticket on the date the Event is rescheduled or resumed.
REFUND POLICY FOR CANCELLED OR IMPACTED EVENTS
Due to the evolving nature of the COVID-19 pandemic, NextName may be required to (a) cancel or suspend an Event and not reschedule or resume it, (b) cancel or suspend an Event and reschedule or resume it in a different locale or (c) hold an Event without fans, or with limited fans, in attendance (each, a “COVID-19 Suspension”). If an Event is subject to a COVID-19 Suspension that prevents Holder from using this ticket, a refund will be posted to the payment card used for payment of the ticket. No credits will be issued and the ticket will have no cash value.