Event Attendee Waiver & Ticket Terms
Organizer Name:  Active 20-30 Club of Carson City 140Part 1: Ticket Terms & ConditionsPlease read this agreement completely and carefully. This agreement has legal consequences and will affect your legal rights and ability to bring future legal actions. These terms include a dispute resolution section (including an arbitration agreement, class action waiver, and jury trial waiver). In arbitration, there is less discovery and appellate review than in court.The ticket is a revocable license that only grants the ticketholder a one-time entry to the venue (the "Venue") and a spectator seat, or standing room, for the specified event (the "Event"). Date and time of the Event are subject to change or cancellation. In the event that the date and/or time of the Event is changed, the term "Event" as used herein shall mean the event played at the newly-specified date and time. No person, regardless of age, may enter the Venue without a ticket.The bearer (and/or purchaser) of tickets to the Event ("Bearer"), any individual seeking entry to the Event through the use of a ticket issued to, purchased for, or received by Bearer (including but not limited to minors and all other attendees), and all other persons acting or purporting to act on behalf of anyone gaining admission to the Event (each of the foregoing, including the Bearer, hereinafter a "Holder"), agree that: admission is contingent on Holder's agreement to the following terms and conditions, those available at the Club's Event Policy, and the event attendee waiver (collectively, the "Terms"); and by purchase, receipt, acceptance, and/or use of this ticket to enter the Venue, Holder and all others who gain entry to the Event (including parking areas or entry gates) using tickets issued to, purchased for, provided to, or otherwise used to gain admission for the Holder, are deemed to have read the Terms and agreed to be bound by them with the same force and effect as if Holder signed these Terms. Bearer represents and warrants that each person who enters the Venue through tickets purchased by, issued to, received by, provided to, or held by the Bearer has authorized Bearer to act on their behalf for purposes of agreeing to these Terms. It is the responsibility of the Bearer to ensure that any person for whom a ticket was purchased or obtained is made aware of these Terms prior to attending the Event. Failure to comply with any of these Terms shall result in forfeiture of this license and all rights arising hereunder without refund and shall entitle the Organizer to pursue all additional legal remedies available to it. Admission may be refused or withdrawn or Holder ejected at the sole discretion of the event organizer (the "Organizer").All ticket sales are final. No refunds or exchanges except as provided herein. The sole and exclusive remedy if admission is refused or revoked, or the event is cancelled and not rescheduled for any reason, is a refund of up to the ticket price set by the Organizer (the "Face Value"), unless otherwise provided below. In no event shall the Organizer be liable for any special, consequential, incidental, indirect or exemplary damages of any kind, or any damages beyond the Face Value of the ticket.Dispute ResolutionThis is a summary of mandatory terms.Any current or future dispute relating to the Event or the Venue arising between Holder and any person or party included within the definition of "Organizer" shall be resolved in binding individual arbitration. This arbitration agreement is governed by the Federal Arbitration Act.Either party has the ability to bring disputes in small claims court (this right does not allow a party to remove or appeal a dispute to a court of general jurisdiction). Any disagreement as to whether a dispute is within the jurisdictional limits of small claims court is for a court to decide and any arbitration shall be stayed.Before initiating any arbitration proceeding, a written "Notice of Dispute" must contain the following information: (i) information sufficient to identify any transaction, activity, and account at issue; (ii) contact information of the claimant (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the dispute (including the date of any transaction or activity at issue) and the relief sought, including a calculation for it. The notice must be personally signed by Holder (and their counsel, if represented). If Holder has a dispute, they shall send prompt written notice describing the issue to the Organizer at the address provided on the event's official documentation. This is a condition precedent to arbitration. Holder and Organizer agree to make a good faith effort to resolve any dispute for at least thirty (30) days following receipt of a completed Notice of Dispute. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Notice of Dispute through the conclusion of this process.If the parties cannot resolve a dispute within thirty (30) days following receipt of a completed Notice of Dispute, it shall be resolved by binding individual arbitration administered by National Arbitration and Mediation ("NAM") and heard by a single, neutral arbitrator. The NAM rules will govern except as specifically modified. There are additional procedures for "mass filings."All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved for a court and (2) issues related to the scope and enforceability of the arbitration provisions.To the fullest extent permitted by applicable law, each party may bring claims against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding.Unless both parties agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator will apply these dispute resolution terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated.To the fullest extent permitted by applicable law, the parties waive any right to a jury trial.This agreement and any disputes arising hereunder will be governed by the laws of the State of Nevada without regard to its principles of conflicts of laws. To the fullest extent permitted by applicable law, the state and federal courts of Carson City, Nevada shall have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of this agreement (including the arbitration provisions and class action waiver) to the extent enforceable.If Holder does not consent to these dispute resolution provisions, Holder must leave or not enter the Venue.General TermsHolder and Holder's belongings may be searched upon entering the Venue, and prohibited items may be confiscated, at the sole discretion of the Organizer. Holder consents to such searches and waives any and all claims relating to them. If Holder does not consent to such searches, Holder will be denied entry or ejected from the Venue without refund. Further, the Organizer reserves the right to refuse admission to or eject any person whose conduct, in the Organizer's sole discretion, violates these Terms or any applicable code of conduct implemented by the Organizer, violates any applicable federal or state law or local order, or is otherwise disorderly, without refund. Inappropriate behavior or abusive language may result in ejection (without refund), forfeiture of future ticket privileges, and/or other legal action. Refund to Holder of the Face Value shall automatically terminate Holder's rights hereunder.Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) any description or account (in any form, whether text, data or visual) of the Event for any commercial, non-personal purpose. Holder agrees not to create, transmit, display, distribute, exploit or sell (or aid in such activity) any photographs, images, videos, livestreams, audio or other form of display or public performance or reproduction of any portion of the Event (the "Works"). Notwithstanding the foregoing, Holder agrees that by using this ticket to enter the Venue, Holder shall be deemed to have signed this ticket and granted the Organizer an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. Holder also grants irrevocable permission to the Organizer (and each of their respective affiliates, sponsors, licensees, advertisers, broadcasters, designees, partners and agents) a worldwide, irrevocable, perpetual, sublicensable, royalty-free license to use, publish, distribute, edit, modify and/or alter Holder's image, likeness, voice, actions and statements in any medium, for any purpose, including without limitation the advertising or promotion of future events or other services provided by the Organizer, without further authorization or compensation, and waives all claims and potential claims relating to such use unless prohibited by law.Holder voluntarily assumes all risks, hazards and dangers arising from or relating in any way to the Event, whether occurring before, during, or after the Event, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus or other pathogen capable of causing a communicable disease or illness), the risk of physical injury or death, however caused, whether by performers or participants, by other people, or by objects entering the spectator area, or otherwise, and the risks of lost, stolen or damaged property. Holder hereby waives all claims and potential claims relating to such risks, hazards and dangers.Holder hereby recognizes and acknowledges that event lineups, performers, and participants are subject to change at any time prior to, or during, the Event. Holder further acknowledges that the Organizer can make no representation, warranty and/or guarantee arising from or related to the participation or performance of any individual performer or participant in the Event, and the Organizer hereby disclaims any and all such representations, warranties, and guarantees, whether express or implied (including, but not limited to, in any advertising or promotional materials related to the Event). Holder agrees that the Organizer shall not be held liable or responsible for any allegation, claim, demand, proceeding, or action arising from or related to the participation or attendance of any individual performer or participant, and that no refund will be owed Holder on the basis of non-participation or non-attendance of any individual performer or participant. By using this ticket, Holder acknowledges this disclaimer and voluntarily assumes all risks related to changes in the lineup or participation of specific individuals at the Event.Holder further recognizes and acknowledges that the license provided by this ticket grants Holder a one-time entry to the Event at its scheduled date and time. In the event that the Event commences at its scheduled date and time but is delayed or postponed at any point prior to its conclusion due to inclement weather or for any other reason (hereinafter a "Suspended Event"), Holder recognizes and acknowledges that this license does not grant re-entry for any date and time scheduled for recommencement of the remainder of the Event. The Organizer, in its sole discretion, will be entitled to determine whether this ticket will permit entry to the Suspended Event at the date and time for which it is rescheduled or at which the event resumes, or whether any refunds shall be issued for this ticket.The Organizer is not responsible for, and may refuse to honor, any duplicate, lost, stolen, destroyed or counterfeit tickets. Use of this ticket in violation of any law including, without limitation, the unlawful resale or unlawful attempted resale of this ticket is strictly prohibited and will result in seizure, revocation and/or forfeiture of this license without refund or compensation. This ticket is not redeemable for cash and may not be used for, or in connection with, any commercial or trade purposes including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Organizer.Safety Requirements: This ticket and the Holder's admission to the Venue are subject to all safety and health requirements and policies put in place by the Organizer, including those related to communicable diseases and any other health or safety matters. Such policies and requirements as they may be updated from time to time (in the sole determination of the Organizer) and as they may be communicated to the Holder prior to or during the Event (whether orally or in writing) by, for example, instruction provided by Organizer personnel or signage in or around the Venue, are collectively referred to below as the "Safety Requirements." The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance.If any provision or part of the foregoing terms and conditions is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and conditions remain valid and binding. Part 2: Arbitration and Release and Waiver of Liability AgreementPlease read this Arbitration and Release and Waiver of Liability Agreement (this "Agreement") completely and carefully before agreeing to the terms herein. This Agreement has legal consequences and will affect your legal rights and ability to bring future legal actions. These terms include a dispute resolution section (including an arbitration agreement, class action waiver, and jury trial waiver). In arbitration, there is less discovery and appellate review than in court.If you are agreeing to this Agreement on behalf of an individual under the age of eighteen (18) ("Minor"), you are agreeing to let the Minor engage in a potentially dangerous activity; that, even if the released parties use reasonable care in providing this activity, there is a chance the Minor may be seriously injured or killed by participating in this activity because there are certain dangers inherent in the activity which cannot be avoided or eliminated; and that you are giving up the Minor's right and your right to recover from the released parties in a lawsuit for any personal injury, including death, to the Minor or any property damage that results from the risks that are a natural part of the activity. You have the right to refuse to accept this Agreement, and the Organizer has the right to refuse to let you or the Minor attend the Event if you do not agree to this form.In consideration of being permitted to enter and remain at the Venue, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas for an event of the Organizer, I, and if I am under the age of eighteen (18), my parent or legal guardian for themselves and on my behalf, on behalf of myself and my heirs, assigns, executors, administrators, next of kin (collectively, "Related Persons"), hereby acknowledge and agree as follows:1. Acknowledgments of Communicable Diseases and Other Risks. I fully understand that (a) communicable diseases, including any current or future viruses, bacteria, or other pathogens capable of causing illness (collectively, "Communicable Diseases") may be extremely contagious and can lead to severe illness and death, and there may be an inherent danger and risk of exposure to Communicable Diseases in any place where people are present; (b) no precautions, including the protocols that will be implemented from time to time by the Organizer and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the "Venue Protocols"), can eliminate the risk of exposure to Communicable Diseases; (c) while people of all ages and health conditions can be and have been adversely affected by any Communicable Disease, according to public health authorities: (i) people with certain underlying medical conditions are or may be especially vulnerable; and (ii) the risk of severe illness from the contraction of a Communicable Disease may increase with age, and contracting a Communicable Disease can result in the further transmission of a Communicable Disease to my spouse, family members, and other contacts; and (d) exposure to a Communicable Disease can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. I fully understand and knowingly and voluntarily assume all risks related to my entry into, and presence in, the Venue, which may include an increased risk of exposure to Communicable Diseases, personal injury, disability, other short-term or long-term health effects, and/or death, which might result from the actions, inactions, or negligence of myself, any of the Released Parties (as defined below), or other third parties. I accept personal responsibility for any and all damages, liability, and other losses that I or any of my Related Persons may incur in connection with the foregoing risks.2. Release, Waiver of Liability, and Covenant Not to Sue. (A) On behalf of myself and each of my Related Persons, I hereby knowingly, voluntarily, irrevocably, and forever release, waive, and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to) any and all claims, suits, causes of action, and claims for damages, whether past, present, or future, and whether known or unknown, including, but not limited to, claims arising out of or in connection with my death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which I or any of my Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) my exposure to any Communicable Disease; (ii) my travel to and from, entry into, or presence within, the Venue or compliance with the Venue Protocols or any other policies or protocols applicable to the Venue; (iii) any interaction between me and any personnel of any of the Released Parties present at the Venue (including, without limitation, any ushers, ticket-takers, event security, health and safety personnel, or cleaning, concessions, or parking personnel); or (iv) any of the risks identified above in Section 1, in each case whether caused by any action, inaction, or negligence of any Released Party or otherwise.(B) For the purposes hereof, the "Released Parties" are: (i) the Organizer, its officers, directors, employees, sponsors, invitees, and contractors (and all employees of such contractors), and other personnel (collectively, including members and volunteers); (ii) the direct and indirect owners, lessees, and sublessees of the Venue; (iii) concessionaires, merchandisers, other vendors, and all other contractors performing services at the Venue; (iv) other third parties present at or from time to time brought to the Venue (including, without limitation, medical personnel); and (v) any parents, subsidiaries, affiliated and related companies, and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors, and/or assigns of each of the foregoing entities and persons, whether past, present, or future, and whether in their institutional or personal capacities.3. Indemnification. I agree to indemnify and hold the Released Parties harmless from any liability, claims, demands, costs, expenses, and attorneys' fees incurred by any of the Released Parties as a result of (a) my, or any person on my behalf, including the Related Parties, assertion of any claims arising from, relating to, or in connection with activities that I have acknowledged and assumed risk and/or which is covered by the waiver and release under Sections 1 and 2; and (b) all claims and amounts related to legal and other actions brought against any of the Released Parties, to the extent such claims are attributable to my negligence or willful misconduct or a violation or breach of this Agreement.4. Dispute Resolution. I agree that any current or future dispute relating to this Agreement, the Event or the Venue arising between me or my Related Persons and any person or party included within the definition of "Released Parties" shall be resolved in binding individual arbitration. This arbitration agreement is governed by the Federal Arbitration Act. Either party has the ability to bring disputes in small claims court (this right does not allow a party to remove or appeal a dispute to a court of general jurisdiction). Before initiating any arbitration proceeding, a written "Notice of Dispute" must be sent to the Organizer at the address provided in the event's official documentation and must contain: (i) information sufficient to identify any transaction, activity, or occurrence at issue; (ii) contact information; and (iii) a detailed description of the nature and basis of the dispute and the relief sought. I and all other parties agree to make a good faith effort to resolve any dispute for at least 60 days following receipt of a completed Notice of Dispute. If the parties cannot resolve a dispute within 60 days, it shall be resolved by binding individual arbitration administered by National Arbitration and Mediation ("NAM") and heard by a single, neutral arbitrator. To the fullest extent permitted by applicable law, each party may bring claims only in an individual capacity, and not as a class member in any class or representative proceeding. To the fullest extent permitted by applicable law, the parties waive any right to a jury trial. This Agreement and any disputes arising hereunder will be governed by the laws of the State of Nevada. To the fullest extent permitted by applicable law, the state and federal courts of Carson City, Nevada shall have exclusive jurisdiction over any disputes not subject to arbitration.5. Severability. I agree that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.This Agreement is perpetual in nature and applies to all activities and events at the Venue for which I am present for or participate in, and all claims arising therefrom, from the date of execution.Agreement by Purchase, Receipt, or AttendanceBy purchasing, receiving, or using a ticket to this Event, or by entering the Venue, whichever occurs first, I acknowledge that I have read this Agreement in its entirety, that I fully understand its terms and am aware of its legal consequences, including that I am giving up substantial legal rights. I agree that any of the foregoing acts — purchasing a ticket, receiving a ticket from another person, or entering the Venue — each independently constitutes my acceptance of, and agreement to be bound by, all of the terms and conditions set forth in this Agreement, including the release and waiver of liability, the arbitration provision, the class action waiver, the jury trial waiver, and all applicable alcohol-related terms. If a ticket was purchased on my behalf by another person, I acknowledge that by accepting or using that ticket I am individually bound by these Terms to the same extent as if I had purchased the ticket myself. I further agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by any of the Organizer's representatives or other Released Parties.