Terms and Conditions of the Benefit
Any purchase or possession of tickets (including wristbands, the “Ticket(s)”) for the Hope For Abaco constitutes the irrevocable acceptance of, and the agreement to be bound by, all of the terms and conditions contained herein, by you as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “You” or “Your”). You further acknowledge and agree that Hope For Abaco may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained herein from time to time, without advanced, direct or individual notification to you (collectively “Revise or Revision(s)”) and which revisions shall, at the sole and absolute option of Hope For Abaco, relate back to the date of purchase. Hope For Abaco shall have the right to periodically Revise all or some of the terms or conditions specified herein by posting such Revisions on Hope For Abaco’s website located at HopeForAbaco.org (the “Site”). If you do not agree to be bound by these terms and conditions, do not purchase Tickets.
REVOCABLE LICENSE
Your Ticket shall at all times be deemed a revocable license issued by Hope For Abaco, as the licensor hereunder or its respective designee(s) Hope For Abaco and sometimes also referred to as, “we,” “our” or “us”) for the sole purpose of accessing the venue which the concert is scheduled to occur (the “Venue”) and for attending the Festival (the “License”). The License may, at the sole and absolute option of Hope For Abaco, be revoked at any time by with or without additional notification to You, which includes denying You access to the Venue upon or due to any violation, or suspected violation of any or all of these terms and conditions or for any violation or suspected violation of any applicable laws, policies, rules or regulations, as determined by Hope For Abaco.
LOST, STOLEN OR DESTROYED TICKETS
If you lose or forget your tickets, come to the information desk at the gate, and bring identification that matches your tickets with you. We will have the ability to lookup your ticket, void it, and then reissue a new ticket.
Hope For Abaco, TicketBud and its processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid tickets. Following the delivery of your tickets, you assume 100% risk of loss relating to the Tickets, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets. NO RESALE.
Tickets purchased by you are intended for personal use only. If you obtain your Ticket(s) from any unauthorized source(s), you fully assume all risks associated with such Ticket(s). In some cases tickets are reported lost or stolen and are voided in our system. In other cases, unauthorized tickets may be counterfeit, or for some other reason may have been voided by Hope For Abaco before they were sold to you. You agree that
attempted resale by you of any ticket at a price greater than the face value is strictly prohibited and constitutes a violation of these terms and conditions.
NOT REDEEMABLE FOR CASH
Your Ticket is not redeemable for cash.
CHANGES TO LINE-UP, DATE OR VENUE
Hope For Abaco, shall at any time prior to the concert, have the right to change the Venue, Artist Lineup, Concert Times, Concert Dates or any or all other components of the concert, at any time, with or without advance notification to You and without any compensation to You. If you do not agree with ANY OF the terms and conditions set forth in this Paragraph OR AGREEMENT, do not purchase Tickets.
BENEFIT CANCELLATION BY HOPE FOR ABACO
Upon the occurrence of a benefit cancellation by Hope For Abaco shall have the option to either: (a) elect to issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only (or a pro-rata portion thereof, in the benefit of a partial cancellation) or (b) reschedule the benefit for a future date within the 12-month period immediately following the benefit cancellation by the Hope For Abaco. In cases of the rescheduling the cancelled benefit for a future date, You shall not be entitled to refund. Purchasing tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Festival cancellations. If you do not agree with ANY OF the terms and conditions AS set forth in this Paragraph OR AGREEMENT, or if you do not agree with, or agree to assume the allocation of risk TO YOU AS SET FORTH HEREUNDER, do not purchase tickets.
POSTPONEMENT OF CONCERT
Unless otherwise specified herein, at all times prior to the concert, Hope For Abaco reserves all rights to cancel or postpone the concert or to change the Venue, the artist lineup, time, the date of the concert or other concert-related components without any obligation by Hope For Abaco to give You additional or prior notice or compensation.
NOTIFICATION OF BENEFIT CANCELLATION OR POSTPONEMENT
If the benefit is cancelled or postponed, whether in whole or in part, or if the Venue is closed, Hope For Abaco shall post a notification on the Site relating to such cancellation or postponement.
ALL SALES FINAL. ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES.
This concert is a “Rain or Shine” event. Unless otherwise specified herein to the contrary, there shall be NO refunds or exchanges relative to Ticket purchases. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, do not purchase Tickets.
TICKET CONFIRMATIONS; PROOF OF DELIVERY
Your Ticket order confirmation shall serve as conclusive and indisputable proof of Delivery of Your Ticket. You agree to notify Hope For Abaco prior to the start time of the Festival if you have not received Your Ticket.
ASSUMPTION OF RISKS
You assume any and all risks, whether expressly set forth herein, as well as, any other risks and dangers incidental or in any way relating to your presence during the Festival, including any risks that occur prior, during or after the Festival or any risks that are not foreseeable, such as, any and all risks arising from or relating to the acts or omissions of others (including Artists, Festival attendees, the Venue owners or operators and its staff, employees and agents; or the Festival organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
LOST OR STOLEN PROPERTY
Festival organizers and their respective Indemnities (defined in paragraph 18 below) shall not be held responsible, financially or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or during the Festival, regardless of fault. You assume all risks of loss associated with the loss or damage to Your personal property.
CONCERT HAZARDS
You assume all risks of personal injuries relating to Your attendance of the Festival including, but not limited to hearing loss, seizures and other health conditions incidental, relating to or arising from extremely loud music and sounds; strobe, hydro, pyrotechnic, animatronic lighting and other special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, foam machine and fireworks during the Festival and whether such injuries occur subsequent to the Festival.
LOUD MUSIC AND SPECIAL EFFECTS WARNING
All or designated areas of the Venue during the Festival may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and individuals who 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 attending the Festival, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
INDEMNIFICATION
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Hope For Abaco, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Hope For Abaco, and all their respective subsidiaries, affiliates, officers,
directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnities”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Festival, to the maximum extent permitted by applicable law.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Hope For Abaco shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. Hope For Abaco shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that Hope For Abaco shall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Hope For Abaco shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Festival, and whether in or out of context.
NO ILLICIT DRUGS; NO WEAPONS
Hope For Abaco and the Venue maintains a zero tolerance policy regarding the illegal or illicit drug use at the Venue or otherwise during the Festival. You knowingly, intelligently and voluntarily consent to be searched by Hope For Abaco for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your presence at the Festival or Venue and agree that the discovery of any prohibited items shall constitute a violation of Hope For Abaco anti-drug policies and shall correspondingly give Hope For Abaco the right to immediately revoke Your License to access the Venue, to attend the Festival and to deny You any future admission to the Festival or Venue without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Hope For Abaco, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnities for any losses, whether personal injury or property damage, resulting from or relating to Your illicit drug use, Your use of weapons or anything in violation of these terms and conditions.
PROHIBITED ITEMS AND ACTIVITES
The following items and activities are strictly prohibited at the Festival: the use of cameras, video or audio recording equipment; outside food or beverages; unauthorized vendors or performers; handing out fliers or leaflets; pets; oversized bags (permitted bags will be subject to search); skate boards, roller skates, bikes or the like; wagons; fireworks; radios or other music players; placards or signs; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of the Festival by others or poses a threat to public safety, as determined in the sole discretion of Hope For Abaco reserves the right to terminate Your License to the Venue at anytime if You engage in any prohibited activities.
ASSIGNMENT
Hope For Abaco shall, at all times, have the right to assign or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You.
INTEGRATION CLAUSE
You agree that the terms and conditions contained herein, and as amended from time to time by Hope For Abaco, represent the entire agreement between You and the Hope For Abaco with respect to its subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.
FOREIGN CURRENCY REFUNDS
Hope For Abaco shall not be responsible for any exchange rate losses incurred during the order or refund process. Hope For Abaco shall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended.
MISCELLANEOUS
By making a purchase of Ticket(s), you acknowledge and agree that you are at least 18 years of age. You cannot share or duplicate tickets. Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of Hope for Abaco.
Revision Date
This Agreement was last revised on November 17, 2019