Experience Package Waiver Form
EACH PARTICIPANT MUST ACCEPT THESE TERMS BY SIGNING BELOW IN ORDER TO PARTICIPATE IN THE FAN EXPERIENCE PACKAGE (HEREINAFTER “EXPERIENTIAL/VIP PACKAGE”). YOU WILL NEED TO SIGN A MASTER COPY ON DAY OF SHOW OR EVENT. PLEASE READ CAREFULLY AND TAKE ANY STEPS NECESSARY TO UNDERSTAND THE TERMS OF THIS WAIVER PRIOR TO SIGNING.
This Waiver shall reflect your rights and obligations relating to your purchase of the Experiential/VIP Package.
Global Merchandising Services Inc, (operator of the Experiential/VIP Package and hereunder referred to as “Global”), together with Sixx:AM (and its members jointly and individually and its and their corporate entities), 10th Street Entertainment and Eleven Seven Music (jointly and individually “Client”) and Sparkart Group, Inc. (“Sparkart”) do not guarantee any additional products or services with your purchase of a Experiential/VIP Package other than that advertised.
Age. You confirm that you are 21 years of age or older.
Access. If any special access is granted (for example, backstage tours and receptions may be available with some Experiential/VIP Packages), then you must maintain a civilized decorum, behave with courtesy and respect, and closely follow all instructions; and Global and /or Client reserves the right, at Global’s and/or Client’s discretion, to refuse admittance to anyone or remove anyone at any time from any special access area. VIP laminates and commemorative tickets (if provided) are for commemorative purposes only and do not authorize access into the venue or any special access to VIP areas, backstage areas or anywhere else. If you are in a wheelchair or need handicap access, you agree to contact Sparkart Customer Service promptly after making your purchase so that Global may assist you in making the proper arrangements and/or exchanges (depending on the venue). Parking may not be available at any particular venue; please contact the venue directly for parking information.
Decorum License; Ejection and Cancellation. You agree to act in accordance with the rules established by Global during your participation in any activity related to the Experiential/VIP Package event. You agree not to engage in any illegal or inappropriate activities, including but not limited to the use of illegal drugs or contraband, engaging in acts that are considered disturbing to the operations of the Experiential/VIP Package event or the operations of any venues in which a Experiential/VIP Package event activity is taking place or any of the bands or persons participating in the respective event. You agree to follow the Experiential/VIP Package event guides and agree not to wander off from them in any way, or seek out any performers or their crew without being advised by the Experiential/VIP Package event guide. No photographs or other recording (audio or audio visual) are permitted other than as directed by the Experiential/VIP Package guides at official photo opportunities. Global reserves the right to remove you from any Experiential/VIP Package event at any time for failure to abide by the terms of this agreement or the rules set forth at any time by Global. In the event you are removed from the Experiential/VIP Package event, Global shall not be obligated to refund any amounts paid by you to participate in the Experiential/VIP Package. Global reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the event provider‘s rules. Breach of terms or rules will terminate your license to attend the event without refund.
Confidentiality. You may or will become privy to confidential information relating to the Client, the Client’s friends and members of the Client’s family including information that would not normally be considered confidential but is in fact of a confidential nature due to the intense media and public interest in the Client. Confidential Information shall include any information (whether or not recorded in documentary form or on computer disc or tape or in photographic material or any other medium) which you have learnt or which has come into your possession, custody or control as a result of your participation in the Experiential/VIP Package, information relating to the sexual and/or emotional lives of the Client or relating to the personal relationships of the Client with third parties, information relating to the business and/or legal and/or financial affairs and/or spending habits of the Client and/or information relating to the work habits and/or practices of the Client. You agree and undertake that you shall not at any time directly or indirectly use or exploit for your own purpose or those of any other person, company, business entity, media organisation or other organisation whatsoever, or disclose to any person, company, business, entity, media organisation or other organisation whatsoever, any Confidential Information.
You Are Subject to Search. You and your belongings may be searched on entry to the event. By purchasing an Experiential/VIP Package, you are consenting to such searches and waive any related claims that may arise. If you elect not to consent to such searches at the event, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Cancelled / Postponed Events. Occasionally, events are cancelled or postponed by the promoter, artist or venue. In the event that a performance or event is cancelled or postponed, Global will make reasonable efforts to contact you via Email, time permitting. Global shall not be responsible for any loss, cost or damage of any kind or nature such postponement or cancellation may cause directly or indirectly. Global typically only offers refunds and/or exchanges based on the promoter’s, artist’s or venue’s instructions. Global is not obligated to issue a refund except to the extent that the promoter, artist, or venue responsible for bringing you the event (1) instructs Global to issue a refund, and (2) provides Global with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the promoter’s, artist’s or venue’s instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the promoter’s, artist’s or venue’s discretion. If a refund is issued, it will be issued using the same method of payment that was used to make the purchase. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Global will not be liable for travel or any other costs or expenses that you or anyone else incurs in connection with a cancelled or postponed event. If a refund is issued it will be the price of the Experiential/VIP Package less the value of the goods already supplied which will be determined by Global in its sole discretion.
Liability. By participating in any Experiential/VIP Package, participants hereby release, discharge, and covenant not to sue Global and/or Client and/or Sparkart and/or Schecter Guitar Research and/or iHeart Media/Premiere Radio Networks (and each of their respective officers, directors, employees, agents, parent companies, affiliates and assigns) (collectively, the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with entering or otherwise participating in any aspect of the Experiential/VIP Package experience, the receipt, ownership or use of any items received during the Experiential/VIP Package experience, or while preparing for, participating in or traveling to or from the Experiential/VIP Package experience. Global and the Released Parties will not be responsible or liable for any injuries, losses, costs or damages of any kind or nature incurred by patrons or any other persons while attending or otherwise in connection with events.
Force Majeure. If, for any reason, the Experiential/VIP Package event is not capable of running as planned for reasons which may include without limitation, an act of God, accident, lockout, strike or other labor dispute, riot or civil commotion, act of terrorism, or for any other reason beyond Global’s reasonable control of then the Global reserves the right at its sole discretion to cancel, terminate, modify or suspend the Experiential/VIP Package in whole or in part.
Name and Likeness. In consideration for participation in the Experiential/VIP Package, you hereby agree to authorize Global and Client to use your name, voice, portrait and likeness, including, any statements, interviews or performances of you, without further compensation, in any video, recorded, filmed, taped, and/or photographed material created by Global and/or Client related to the Experiential/VIP Package, for any purpose, including but not limited to any related advertisement, promotion and publicity for Global except as otherwise expressly provided herein.
Indemnity. In consideration for participation in the Experiential/VIP Package, you hereby release, discharge, indemnify and hold harmless Global, Client, Sparkart, Schecter Guitar Research and iHeart Media/Premiere Radio Networks and each of their respective parents, subsidiaries, shareholders, officers, directors, employees, volunteers, assigns and affiliates from any and all claims, causes of action, liabilities, costs and expenses (including personal injury and/or death and reasonable attorney's fees) arising out of or related to your participation in the Experiential/VIP Package and/or the breach of your agreements, and/or resulting from your participation in any sponsored events or activities associated with the Experiential/VIP Package.
Terms and Conditions. I have read and agreed the Terms and Conditions (including Sparkart’s and Global’s Terms and Conditions) on the website from which the Experiential/VIP Package was purchased and agree to the same.
By signing below, I agree to the terms in this Waiver, and that I have read this entire document, understand it completely and agree to be bound by its terms.
Name (please print): ____________________________