NOV 10-12 ⁕ DTLA
Last Updated: September 19, 2023
Welcome to the LA3C Festival (the “Event”) Terms of Sale (the “Terms”). These Terms apply to any person holding or attempting to utilize a ticket for entry to the Event (a “Ticket”), whether or not such person is the individual who actually purchases the Ticket (hereinafter, a “Ticket Holder” and as addressed in these Terms, “you” or “your”). You understand that these Terms are a legally binding contract between you and LA3C, LLC (“LA3C”, “we”, “us”, “our”) which governs your purchase of Tickets via Tixr, Inc. or any other authorized source (each, the “Ticketing Website”). If you purchase a Ticket on behalf of someone else, the Terms contained in these Terms shall also apply to that person(s) as a Ticket Holder and it is your duty to inform such person(s) of these Terms. Please read these Terms carefully prior to purchasing any Ticket, attending the Event, or entering or accessing any Event facility, venue or premise. These Terms apply in addition to any other information posted by LA3C and/or Ticketing Website, including, without limitation any and all applicable Ticketing Website policies, the LA3C Privacy Policy and the LA3C Terms of Use, which are incorporated herein by reference. You understand and agree that your information will be processed as set forth in the LA3C Privacy Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms without prior notice and it is your responsibility to return to these Terms periodically to review the most current version. The date of any effective changes shall be reflected at the top of this page.
If you purchase or otherwise obtain any Tickets for or on behalf of any other person(s), you recognize that you are acting as that person’s agent in obtaining the Tickets. Because of this agency relationship, you acknowledge and agree to be subject to these Terms on behalf of any such person, and you shall notify any such person of these Terms when you deliver them a Ticket. If you receive a Ticket and/or credential from another person, you acknowledge and agree that you are governed by these Terms upon delivery of a Ticket to you, at which time you are deemed a Ticket Holder under these Terms.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 11 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
1. Age Requirement; Revocable License; Refusal of Admission; Searches.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO PURCHASE A TICKET TO THE EVENT, WHICH SHALL BE VERIFIED BY VALID PHOTO IDENTIFICATION. PLEASE PAY ATTENTION TO ALL DETAILS OF EACH TICKET PACKAGE DESCRIPTION PRIOR TO PURCHASING, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE FOR ERRONEOUSLY PURCHASED TICKETS.
NOTWITHSTANDING THE FOREGOING, YOU MUST BE AT LEAST TWENTY-ONE (21) YEARS OF AGE TO PURCHASE ALCOHOL AT THE EVENT, WHICH WILL BE VERIFIED BY VALID PHOTO IDENTIFICATION.
A Ticket is a revocable license. LA3C reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or any Event facility, venue or premise, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with these Terms, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by us or the applicable third party as misconduct, disorderly, disruptive, annoying, illegal, vulgar (including without limitation use of vulgar or abusive language toward Event staff or other attendees), intoxicated, violent, abusive, threatening, uncomfortable, aggressive, or out of compliance with these Terms or the applicable third party’s terms, conditions, directions, rules or policies (including without limitation possession of prohibited items) (all of the above in this sentence, collectively, “Removal Behavior”). Removal Behavior of any type will automatically terminate this license and all your rights. For the avoidance of doubt, the exercise of LA3C’s ejection rights hereunder does not entitle you or any guest to a refund of the Ticket or any part thereof.
Without limiting the foregoing, you may be removed from the Event if you purchase alcohol for anyone under the age of 21 (yourself or others). Further, you are not permitted to bring alcohol into, or remove alcohol from, the Event, and only alcohol purchased at the Event may be consumed, in the permitted areas of the Event facility, as applicable. You may be removed from the Event, in LA3C’s sole discretion, if you do not comply with the foregoing, and any other alcohol and/or event policy as may be made available by LA3C.
You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at, the Event. You hereby consent to such searches and forever waive any and all claims related to such searches. If you elect to withdraw such consent to such searches, you may be denied access to the Event, and/or any Event facility, venue or premise, without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, unmanned aerial vehicles (UAVs) or drones of any size, laser pointers, strobe lights, irritants, fireworks, explosives, various forms of containers, and any other item noted as prohibited on the FAQs or other information released by us, and any other item LA3C deems to be inappropriate for the Event or that may present a potential safety risk. Breach of these Terms or any applicable third party’s terms, conditions, rules or policies will terminate your license to attend the Event without refund or other compensation.
Event credentials should be kept in a safe place at all times. Credentials cannot be replaced if lost, stolen or destroyed, and are valid only for the Event for which they are issued. It is unlawful to copy, duplicate or otherwise reproduce any Ticket in any form. Tickets obtained from unauthorized sources may be counterfeit and worthless. LA3C is not responsible for any loss or inconvenience caused by any unauthorized duplication of a Ticket. In the event duplicate copies of Tickets are presented, LA3C reserves the right to refuse entry to the Event for all persons presenting such duplicated Tickets.
If issued as a complimentary Ticket, the Ticket is not exchangeable or redeemable for another Ticket to or for any other event or performance or for any other consideration, present or future, monetary or otherwise.
2. Refunds and Exchange Policy; Rescheduled or Cancelled Events; Force Majeure
ALL SALES, INCLUDING SALES, PURCHASES, AND PARTIAL PURCHASES OR DEPOSITS MADE UNDER A PAYMENT PLAN, ARE FINAL, NON-TRANSFERABLE. NON-REFUNDABLE, NON-EXCHANGEABLE, NON-RESALABLE AND NON-REDEEMABLE FOR CASH, EXCEPT AS EXPRESSLY SET FORTH HEREIN.
WITHOUT LIMITING THE FOREGOING, THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER CIRCUMSTANCES AFFECTING YOUR ATTENDANCE AT THE EVENT. IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY, WHICH MAY COVER CERTAIN UNFORESEEN EVENTS. FOR PURCHASES MADE UNDER A PAYMENT PLAN, IF YOU FAIL, FOR ANY REASON, TO MAKE A PAYMENT, YOU MAY VOID YOUR PURCHASE AND YOU WILL BE SUBJECT TO A TERMINATION FEE SUBJECT TO THE TERMS OF THE TICKETING WEBSITE.
Except as through LA3C authorized resellers, the resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. A Ticket, Event credentials, or any other related perk may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of LA3C.
EVENT, ARTIST AND SET DATES AND TIMES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL RIGHTS RESERVED.
The Event is a RAIN OR SHINE event, unless otherwise expressly noted in writing. The location, date and time of an Event and any other elements of your purchase are subject to change (including, but not limited to, cancellation, postponement or relocation) by LA3C, in its sole discretion, and no such change shall entitle you to a refund or any other remedy in the event that you cannot attend for any reason due to such change unless agreed to in writing by LA3C.
Without limiting anything set forth in this Section, your purchase of the Ticket is not for a specific individual, group or act performing at the Event (each, an “Artist”) or aspect of the Event. Artists, schedules, production elements, vendors, art exhibits, amenities, and all other aspects of the Event are subject to change without notice and without grounds for refund. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular act on any particular date to be performed by any particular Artist. LA3C makes no guarantee that any Event attendee will be able to attend every performance or see any particular act or Artist.
IF THE EVENT IS RESCHEDULED OR CANCELLED, YOU SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS REQUIRED BY LAW OR OTHERWISE DECIDED BY LA3C IN ITS SOLE DISCRETION. IF THE EVENT IS RESCHEDULED, TICKETS WILL AUTOMATICALLY BE HONORED FOR THE EVENT AT THE RESCHEDULED DATE AND TIME. SHOULD YOU BE UNABLE TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, LA3C MAY AUTHORIZE YOU TO REQUEST A REFUND, WHICH SHALL BE DONE NO LATER THAN THIRTY (30) DAYS AFTER THE ANNOUNCEMENT OF THE RESCHEDULED EVENT, UNLESS OTHERWISE PERMITTED BY LA3C IN WRITING. NOTWITHSTANDING THE FOREGOING, NO REFUNDS WILL BE MADE FOR ANY INCIDENTAL EXPENSES THAT YOU MAY HAVE INCURRED AS A RESULT OF YOUR PLANS TO ATTEND THE EVENT
IF THE EVENT IS CANCELLED (AND NOT RESCHEDULED), YOUR TICKETS MAY BE REFUNDED THROUGH THE TICKETING WEBSITE. LA3C CANNOT VERIFY AND DOES NOT WARRANT YOUR ABILITY TO BE REFUNDED IF TICKETS ARE PURCHASED THROUGH ANY THIRD-PARTY TICKET RESELLER. IF LA3C ELECTS, IN ITS SOLE DISCRETION, TO REFUND ANY PURCHASED TICKETS, SUCH REFUND WILL NOT INCLUDE ANY OF THE SERVICE FEES THAT MAY HAVE BEEN CHARGED BY THE TICKETING WEBSITE WHICH ARE NON-REFUNDABLE. FURTHER, IF we choose, in our own discretion, to issue you a refund for your Ticket due to a canceled or postponed Event, we will issue a refund of the Ticket price and a refund may be limited only to the portion of the Ticket that was unable to be consumed due to such cancellation. In no event will delivery charges or any other amounts be refunded.
Before purchasing your Ticket, carefully review your selections. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to the Ticket you purchased.
IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY, WHICH MAY COVER CERTAIN UNFORESEEN EVENTS.
Any element of your purchase may be cancelled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in LA3C’s sole discretion, as applicable, or due to the actions or events beyond the reasonably foreseeable control of LA3C, LA3C will not be liable to you or any other party because of any failure to perform hereunder due to fire, earthquake, rain, lightning, earthquakes, hurricanes, storms, windstorms, washouts, adverse weather conditions, flood, acts of nature, other acts of God, power failures, electrical or mechanical difficulties, nuclear reaction, radioactive contamination, explosions, strikes, lockout, work stoppages or other labor disturbances, governmental regulations or restrictions, terrorism, war, civil disturbances, protests, riots or civil commotion, insurrections, acts of public enemies or other hostilities, threats of bombs or similar interruptions, vandalism, accidents, collision, equipment or machinery breakage, epidemic, pandemic (including, without limitation, of COVID-19), widespread plague or disease (including, without limitation, of COVID-19 or other communicable or infectious diseases, bacteria, virus or other pathogens), travel bans or restrictions, quarantine restrictions, considerations of the safety of, or property damage to, any Event venue, facility or premise, death or illness to any members, crew or family of any Artist, or any other cause or condition, whether known or unknown, or similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of LA3C (“Force Majeure”).
Delay in the performance of these Terms or the failure of LA3C to perform or provide the element(s) of your purchase caused by any Force Majeure shall not constitute a breach of these Terms or a ground for cancellation, suspension or termination hereof. For the avoidance of doubt, postponement, relocation or cancellation of Events due to weather conditions or Force Majeure events is beyond our control and we will not issue any refund or exchange for such events, unless otherwise agreed to in writing by LA3C in its sole discretion.
3. Payment
Upon purchase, you agree that the credit card that you have on file with us or the applicable Ticketing Website will be charged. If you have made a purchase as part of a payment plan (“Payment Plan”), you agree that the credit card that you have on file with us will be charged for the amounts and on the dates set forth in the payment schedule outlined during your purchase process (“Payment Schedule”). You agree that if such credit card expires, is invalid, is deleted or is otherwise not capable of effecting payment on the dates set forth in your Payment Schedule, we and/or the Ticketing Website will give you notice to the email you provided above and a period of 10 days to effect the payment. If we do not receive payment within such period, this Agreement will be deemed to be cancelled and all prior amounts will be forfeited. Once your initial down payment is received, the price of the purchased items will not change. The purchased items will be set aside and held until the final payment of the Payment Plan is made. You may pay the remaining balance at any time prior to the final payment. Without limiting the generality of the foregoing, you will not seek a “chargeback” or any type of payment reversal for any reason from the company whose credit card you used to purchase your Ticket. Should you do so, your Ticket may be canceled, and we may, in our sole discretion, refuse to honor pending and future Ticket purchases.
If you participate in a Payment Plan, you understand and agree that the Payment Plan is subject to the terms of the Truth in Lending Act (“TILA”). You hereby acknowledge your awareness that: (i) you are not being assessed a finance charge for participating in the Payment Plan; (ii) the balance of your Payment Plan (the “Balance”) is not subject to any assessed interest; (iii) you are not subject to any pre-payment penalty for paying the Balance in advance of the designated Payment Plan dates; and (iv) late Payment Plan payments are subject to the terms herein. You hereby further acknowledge that you have been provided with all necessary information relating to the purchase of your Ticket and your participation in the Payment Plan, and that LA3C or the applicable Ticketing Website has your express authorization to process payment of the Balance and the Payment Plan.
In purchasing Tickets, you may be linked to a third-party site. LA3C IS NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY SITES (INCLUDING WITHOUT LIMITATION THE TICKETING WEBSITES), INCLUDING PURCHASES MADE ON THOSE SITES. You should review the terms and conditions found on these third-party sites and make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. LA3C does not endorse any of the products or merchandise, nor has LA3C taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. LA3C does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any Claim (defined below) against the Released Parties (defined below) with respect to such sites and third-party content.
4. Publicity Release; Information Sharing; Event Intellectual Property.
You acknowledge that people, including LA3C, will be using film, video, and photographic cameras at the Event, and that your image may be captured on film, video, or photographs that may subsequently be displayed or disseminated without your consent or payment of compensation to you, and you release each of the Released Parties from any liability due to such capturing, display, or dissemination.
By purchasing a Ticket, attending the Event, and/or entering or accessing any Event facility, venue or premise, you hereby irrevocably grant to LA3C and its members, affiliates, designees, successors, assigns, and licensees, and to LA3C and the Event promoters, participants, Artists, Ticketing Websites, sponsors and all other persons or entities associated or involved with the Event, the right to film and otherwise capture and/or record you and use your name, image and likeness in any and all media (now known or hereafter devised) throughout the world in perpetuity for any purpose, including, without limitation, use in photographs, videotapes, CDs, DVDs, broadcast, telecast, live streams, podcast, webcast, recordings, motion pictures, commercial advertisement, promotional materials, and/or any other record of the Event, for advertising and promotional purposes as well as in, on or in connection with future events and/or other events produced by LA3C or any of LA3C’s affiliates and hereby release LA3C and each of their respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto. You acknowledge and understand that all copyright and other intellectual property rights in the Event Imagery (as defined below) shall be owned by LA3C in perpetuity and you waive any inspection or approval rights.
Without limiting anything set forth herein, by purchasing a Ticket, attending the Event, and/or entering or accessing any Event facility, venue or premise, you acknowledge and agree the LA3C may share your personally identifiable information (including, without limitation, your name, address and email address) with its parent, subsidiary, member and other affiliated companies and with other third parties in connection with the operation of our and/or their business, in accordance with the LA3C Privacy Policy. Examples include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product and service customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution for various events, (g) website evaluation, (h) data collection, storage, management, and analysis, (i) internet-based, targeted and/or online behavioral advertising, (j) LA3C and its affiliates’ partners and clients (e.g., events, artists, tours, festivals, sporting events, production companies, etc.), and/or (k) any other services designed to assist us and/or our affiliates in maximizing our and/or their business potential and profits.
You acknowledge that all logos and symbols associated with LA3C and/or with the Event are trademarks owned by LA3C and its affiliates and that LA3C has the exclusive right to license and enforce those trademarks and any other trademarks, copyrights, and other intellectual property owned or licensed by LA3C, including any likenesses, drawings, and representations of the Event (collectively, “LA3C Intellectual Property”).
WITHOUT THE PRIOR WRITTEN CONSENT OF LA3C, YOU UNDERSTAND THAT YOU MAY NOT USE ANY LA3C INTELLECTUAL PROPERTY OR EVENT IMAGERY IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL (INCLUDING WITHOUT LIMITATION MUSIC VIDEOS OR POSTS ON THE SOCIAL MEDIA ACCOUNTS OF COMMERCIAL ENTERPRISES), OR IN THE TITLE OR ON THE COVER OF ANY PUBLICATION, UNLESS THE USE IS AUTHORIZED IN WRITING BY LA3C.
By purchasing a Ticket, attending the Event, and/or entering or accessing any Event facility, venue or premise, you agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). You may only use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or LA3C); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise).
YOU UNDERSTAND AND ACCEPT THAT YOU MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM LA3C, OTHER THAN PERSONAL USE AS DEFINED ABOVE. You understand that you have no right to sell, transfer, license, sublicense, or give Event Imagery to any other party, except for Personal Use, and agree to inform anyone to whom Event Imagery is given that it can only be used for Personal Use.
5. Representations and Warranties.
Without limiting anything set forth in these Terms, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with LA3C and/or via the Ticketing Website; (b) you are of sufficient legal age and authority to enter into any transaction with LA3C and/or via the Ticketing Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into these Terms; (c) you are an authorized user of the credit or debit card used enter into any transaction with LA3C and/or via the Ticketing Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by LA3C and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary (including without limitation any country’s entry and re-entry requirements) in connection with your transaction with LA3C and/or via the Ticketing Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company.
6. Third Party Aspects of the Event.
In connection with the Event you may have an opportunity to engage with, purchase from, or otherwise interact with third parties. You agree to abide by the terms and conditions of purchase imposed by any third party with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party’s rules and restrictions regarding availability and use of goods, products and/or services. Some hotels and resorts or other third parties may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by LA3C for your Ticket. You acknowledge that some third parties offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such third party’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the Event, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
IT IS RECOMMENDED THAT YOU CONSIDER PURCHASING TRAVEL INSURANCE FROM A THIRD-PARTY, WHICH MAY COVER CERTAIN UNFORESEEN EVENTS.
7. COVID-19: Event Protocols, Assumption of Risk, and Release.
The Event may have enhanced health and safety measures in place due to the COVID-19. You (as well as any of your guests/invitees) agree to comply with any and all health policies, protocols, rules, regulations, terms, and conditions of the Event, whether established by LA3C, an Event facility, venue or premise, or government or health authorities, including, but not limited to rules with respect to masks, social distancing, health screening activities (including COVID-19 tests), and vaccination requirements. You will follow all instructions when entering or accessing any Event facility, venue or premise, and while attending the Event, whether posted or otherwise communicated verbally or in writing by LA3C staff, employees, representatives or contractors, police, or government or health authorities. If you (or any of your guests/invitees) refuses or fails to comply with any health rules, regulations, terms, conditions and/or instructions for the Event, you acknowledge and agree that you may not be permitted to attend the Event and/or may be removed from the Event.
You, on behalf of yourself and your guests/invitees (including minors accompanying you or your guests/ invitees), authorize, and consent to, LA3C and LA3C staff, employees, representatives, or contractors conducting public health safety screening activities by methods selected by LA3C, any Event facility, venue or premise, or government or health authorities. As a result of such public health safety screening activities, you acknowledge and agree that you and your guests/invitees may not be permitted to attend the Event.
You, on behalf of yourself and your guests/invitees consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. You, on behalf of yourself and your guests/invitees, release each of the Released Parties and all persons participating in any such medical treatment from all responsibility for any such actions.
You and your guests should refrain from attending the Event if they believe they have come into contact with COVID-19 or are not feeling well. You, on behalf of yourself and your guests/invitees (including minors accompanying you or your guests/ invitees) acknowledge that COVID-19 is extremely contagious and that the elimination of risk of exposure and infection to COVID-19 is not currently possible, and in connection thereto it shall be the sole responsibility of you, as well as any of your guests/invitees, including on behalf of any minors accompanying any of the foregoing, to utilize their best efforts to avoid any action or omission which may jeopardize their own safety or the safety of others.
By attending the Event, entering or accessing any Event facility, venue or premise, or using any corresponding amenity, you (and your guests/invitees) certify that: (a) you are (as of the Event date) physically able to attend and participate in the Event and in any associated activity or performance, and you have not been advised otherwise by a qualified medical professional; and (b) in the ten (10) days prior to the Event date you have not (i) been diagnosed with, tested positive for, or treated for COVID-19, (ii) knowingly been in contact with COVID-19 or any person that has been diagnosed with, tested positive for, or treated for COVID-19, or (iii) been sick or exhibited any symptoms of COVID-19 which include (without limitation) fever, headache, chills, diarrhea, cough, shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, loss of taste or smell, and/or general malaise.
BY ATTENDING THE EVENT, ENTERING ANY EVENT FACILITY, VENUE OR PREMISE, OR USING ANY CORRESPONDING AMENITY, YOU, FOR YOURSELF AND ON BEHALF OF YOUR GUESTS/INVITEES (COLLECTIVELY, THE “RELEASING PARTIES”), VOLUNTARILY ASSUME ALL RISKS RELATED TO EXPOSURE TO OR INFECTION BY COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS, OR OTHER PATHOGEN, AND ACKNOWLEDGE AND AGREE THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH TO YOU OR YOUR FAMILY.
IN FULL KNOWLEDGE AND COMPLETE ASSUMPTION OF ALL OF THE RISKS, THE RELEASING PARTIES HEREBY IRREVOCABLY AGREE THAT THE RELEASING PARTIES WILL NOT SUE OR CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ANY RELEASING PARTY OR SUCH RELEASING PARTY’S PROPERTY OR THE RELEASING PARTY’S DEATH OR DISABILITY, WHETHER IN CONNECTION WITH THE ILLNESS(ES), HARM(S), OR OTHERWISE, RESULTING OR ARISING OUT OF OR IN ANY WAY RELATED TO PREPARATION FOR, TRAVEL FOR, ATTENDANCE AT, AND PARTICIPATION IN THE EVENT AND USING THE BENEFITS AND ELEMENTS OF THE PURCHASE INCLUDING, WITHOUT LIMITATION, INCLUDED SERVICES AND THIRD-PARTY PROVIDED SERVICES PURCHASED HEREUNDER. THE RELEASING PARTIES FURTHER HOLD EACH OF THE RELEASED PARTIES AND ALL PERSONS PARTICIPATING IN ANY MEDICAL TREATMENT HARMLESS SHOULD ANY RELEASING PARTY CONTRACT ANY ILLNESS, DISEASE, BACTERIA, VIRUS, PATHOGEN OR ANY OTHER MALADY WHILE ATTENDING THE EVENT OR AS A RESULT OF THE EVENT.
8. Disclaimers.
ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LA3C EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
You acknowledge and agree that by purchasing a Ticket, attending the Event, entering or accessing any Event facility, venue or premise, and/or using any corresponding amenity, you may be engaging in activities that may involve risk of injury, including serious injury, illness, permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party or any participants, volunteers, performers, guests or spectators at the Event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; (g) participating in any on-site or off-site activity; and (h) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING: Attendees of the Event may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, fireworks, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Individuals who are pregnant and/or suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before entering, accessing or remaining on the Event premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LA3C. LA3C IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. LA3C SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
9. Release and Limitation of Liability.
THE RELEASING PARTIES EXPRESSLY ASSUME ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, WHETHER SUCH RISK OR DANGER OCCURS PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT AND ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR THEIR ATTENDANCE AT AND PARTICIPATION IN THE EVENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN WHOLE OR IN PART, NEITHER LA3C, THE TICKETING WEBSITE, ANY EVENT SPONSOR AND ANY OTHER PERSON OR ENTITY ASSOCIATED WITH OR INVOLVED WITH THE EVENT, NOR ANY OF THEIR RESPECTIVE MANAGERS, DIRECTORS, OFFICERS, EQUITY HOLDERS, PARENT COMPANIES, SUBSIDIARIES, OWNERS, MEMBERS, STAFF, EMPLOYEES, CONTRACTORS, VOLUNTEERS, INSURERS, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) WILL BE LIABLE FOR, AND THE RELEASING PARTIES HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM AND AGREE NOT TO SUE OR SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (A) THE EVENT OR THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT; (B) NEGLIGENCE, WHETHER PASSIVE OR ACTIVE, OF THE RELEASED PARTIES; AND/OR (C) ANY BREACH BY THE RELEASED PARTIES OF STATUTORY DUTY; IN EACH CASE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR ANY INJURY, DAMAGE OR DEATH, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, HOWEVER SO CAUSED (EVEN IF LA3C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO LA3C FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
EACH RELEASING PARTY UNDERSTANDS THAT THE RELEASING PARTIES AGREE HEREBY TO WAIVE ALL CLAIMS THE RELEASING PARTIES MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER SUCH RELEASING PARTY, NOR THEIR ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON THEIR BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH, OR OTHER LOSS SUCH RELEASED PARTY MAY SUFFER.
10. Indemnification.
Each Releasing Party agrees to protect, defend, indemnify, and hold harmless (“indemnify” meaning protect by reimbursement or payment, including attorney’s fees and expenses) the Released Parties from and against any and all liabilities, claims, damages, suits, costs and expenses, including attorneys’ fees (collectively “Claims”), arising out of or in connection with (a) your transaction(s) with LA3C and/or the applicable Ticketing Website; (b) your use of the applicable Ticketing Website, (c) such Releasing Party’s violation or breach, or alleged violation or breach, of these Terms, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; and/or (d) such Releasing Party’s attendance at or in connection with the Event, including, without limitation, any Removal Behavior or other actions or omissions by such party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Each Releasing Party further agrees to protect, defend, indemnify, and hold the Released Parties harmless with respect to any and all Claims brought by or on behalf of a Releasing Party, a Releasing Party’s spouse or partner, a family member, or any other person, for any injury, damage, death, or other loss in any way connected with the risks listed herein or attendance at or participation in the Event, including, without limitation, use of any Event facility, venue or premise, without limit and without regard to the cause or causes or negligence, whether passive or active, of the Released Parties, and/or any breach by the Released Parties of any legal duty. This release and indemnity section includes, but is not limited to: third party claims, claims for personal injury or wrongful death (including claims related to emergency, medical, drug, and/or health issues, response, assessment, or treatment), loss of consortium, breach of contract, or any other claim, including claims resulting from the negligence of Released Parties, whether passive or active, related to the Event.
11. Governing Law; Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
These Terms shall be governed by and enforced according to the laws of the State of California without regard to any rules relating to conflicts of laws. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and LA3C arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to the Event. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND LA3C ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LA3C AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be conducted by JAMS in accordance with its then-current Streamlined Arbitration Rules and Procedures (“JAMS Rules”) and will be held in Los Angeles, CA. The arbitration will be conducted by one neutral arbitrator chosen by the parties. If the parties cannot agree upon an arbitrator, they shall submit to the procedure used by JAMS to choose an arbitrator. The current rules may be found on the Internet at: http://www.jamsadr.com/rules-streamlined-arbitration/. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§116. The arbitrator shall apply California law, as described in Section 24 (Applicable Laws), consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Notwithstanding anything herein or in the JAMS Rules to the contrary, the arbitrator shall not have the power to award punitive damages against you or LA3C. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the City and County of Los Angeles, CA. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in the City and County of Los Angeles, CA.
12. Miscellaneous.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations under these Terms. LA3C may assign its rights and duties under these Terms without such assignment being considered a change to the Terms, and without notice to you. The terms and conditions set forth in these Terms represent the entire understanding and agreement between you and LA3C relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by LA3C. Any waiver of any provision of these Terms must be in writing signed by LA3C to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.
You agree that we may provide electronically any and all communications concerning the Event or Tickets as well as any disclosures required by federal or state law. Your consent applies not only to the Event and the Tickets but also to any ancillary agreement related to these and to any future Tickets obtained through us.
You understand that these Terms may be changed by LA3C prior to the Event, and if so, the revised version of the Terms will apply to you. The most current version can be found here: la3c.com/terms-of-sale. Your attendance at the Event or entry to any Event facility, venue or premise signifies your binding agreement to the Terms in effect at the time of your entry to the Event.
