NO REFUNDS OR EXCHANGES – EVENT TIME AND DATE SUBJECT TO CHANGE
EACH TICKET (“TICKET”) IS A REVOCABLE LICENSE. BY PURCHASING AND/OR USING TICKET(S), HOLDER, ON BEHALF OF THE HOLDER AND ANY ACCOMPANYING MINOR, INCLUDING A MINOR HOLDING A SEPARATE TICKET (INDIVIDUALLY AND COLLECTIVELY, THE “HOLDER”), AGREES THAT (1) USE OF SUCH TICKETS AND ADMISSION TO WHITE EAGLE HALL (“VENUE”) FOR THE PURPOSE OF VIEWING OR PARTICIPATING IN THE EVENT INDICATED ON THE REVERSE SIDE OF THE TICKET (COLLECTIVELY, THE “EVENT”) IS CONDITIONED UPON HOLDER’S AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW, AND (2) HOLDER WILL INFORM ANY GUESTS, COMPANIONS, OR OTHER PERSONS WHO WILL BE USING TICKETS PURCHASED BY OR RECEIVED FROM HOLDER THAT AS TICKET HOLDERS THEMSELVES, THEIR OWN USE OF SUCH TICKETS AND ADMISSION TO THE VENUE ARE ALSO CONDITIONED UPON THEIR AGREEMENT TO THE TERMS AND CONDITIONS BELOW.
TO THE EXTENT ENFORCEABLE IN THE APPLICABLE JURISDICTION, HOLDER AND VENUE AGREE THAT ALL DISPUTES ARISING FROM THESE TERMS AND CONDITIONS SHALL BE LITIGATED IN COURT OR ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION; AND, IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE VENUE.
HOLDER AGREES THAT NEITHER HOLDER, NOR ANYONE IN HOLDER’S PARTY, WILL ATTEND ANY EVENT IF, WITHIN THE PRIOR 14 DAYS, ANY SUCH INDIVIDUAL HAS TESTED POSITIVE FOR COVID-19, OR, UNLESS FULLY-VACCINATED FOR COVID-19 (AS DEFINED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”)), ANY ONE OR MORE OF THE FOLLOWING IS TRUE ON THE DAY OF SUCH EVENT: (I) WITHIN THE PRIOR 14 DAYS, ANY SUCH INDIVIDUAL WAS EXPOSED TO SOMEONE WHO HAS TESTED POSITIVE FOR COVID-19; (II) WITHIN THE PRIOR 48 HOURS, ANY SUCH INDIVIDUAL HAS EXPERIENCED SYMPTOMS OF COVID-19 (E.G., A FEVER OF 100.4⁰F OR HIGHER, COUGH, SHORTNESS OF BREATH OR DIFFICULTY BREATHING, CHILLS, REPEATED SHAKING, MUSCLE PAIN/ACHINESS, HEADACHE, SORE THROAT, NEW LOSS OF TASTE OR SMELL, NASAL CONGESTION, RUNNY NOSE, VOMITING, NAUSEA, DIARRHEA, FATIGUE OR ANY OTHER SYMPTOMS ASSOCIATED WITH COVID-19 IDENTIFIED BY THE CDC (“COVID-19 SYMPTOMS”)); ANYONE WHO IS FULLY VACCINATED BUT EXPERIENCES ANY OF THE COVID-19 SYMPTOMS IDENTIFIED ABOVE WITHIN THE 48 HOURS PRIOR TO THE EVENT SHOULD NEVERTHELESS CONSULT A HEALTHCARE PROVIDER AND RECEIVE A NEGATIVE TEST RESULT FOR COVID-19 BEFORE ATTENDING; OR (III) WITHIN THE PRIOR 14 DAYS, ANY SUCH INDIVIDUAL HAS TRAVELLED TO A STATE OR INTERNATIONAL TERRITORY IDENTIFIED BY FEDERAL OR APPLICABLE LOCAL GOVERNMENTS AS BEING SUBJECT TO TRAVEL OR QUARANTINE ADVISORIES DUE TO COVID-19.
EXPRESS ASSUMPTION OF RISK AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER AND ANY PERSON ACCOMPANYING HOLDER, INCLUDING MINOR(S), VOLUNTARILY ASSUMES ALL RISKS OF PROPERTY LOSS AND/OR DAMAGE AND PERSONAL INJURY (INCLUDING DEATH), ILLNESS AND ALL OTHER HAZARDS RELATED TO THE EVENT AND ATTENDING THE VENUE FOR WHICH A TICKET IS ISSUED, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY, THE DANGER OF INJURY BY PARTICIPANTS OR SPECTATORS, OR BY THROWN OBJECTS, AS WELL AS EFFECTS RELATED TO THE NOVEL CORONAVIRUS, COVID-19, WHICH HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION, IS EXTREMELY CONTAGIOUS, AND IS BELIEVED TO BE SPREAD MAINLY FROM PERSON-TO-PERSON CONTACT AND THE RISK OF WHICH CANNOT BE ELIMINATED BY PRECAUTIONS, AND AGREES THAT VENUE, WEH PRESENTS LLC, HISTORIC WHITE EAGLE HALL, LLC, THE EVENT SPONSOR(S) AND PROMOTER(S) AND LICENSEES AND THE PERFORMERS AND PARTICIPANTS INVOLVED IN THE EVENT, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, AGENCIES, DEPARTMENTS, SUBDIVISIONS, RELATED ENTITIES, OWNERS, GOVERNORS, EQUITY HOLDERS, MANAGERS, TRUSTEES, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SPONSORS, INSURERS AND REINSURERS, LICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) ARE EXPRESSLY RELEASED, WAIVED, DISCHARGED, AND HOLDER COVENANTS NOT TO SUE ANY RELEASEE, TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW, IN CONNECTION WITH ANY AND ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING FROM OR RELATING TO SUCH CAUSES OR OTHERWISE (INCLUDING FOR LOST OR STOLEN PROPERTY) OCCURRING AT OR IN CONNECTION WITH THE EVENT, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY CLAIMS ARISING FROM OR RELATING TO THE NEGLIGENCE OF ANY RELEASEE.
HOLDER SHALL REVIEW CAREFULLY, AND ABIDE BY, ANY VENUE POLICIES, PROTOCOLS, OR PROCEDURES THE VENUE MAY REQUIRE COMPLIANCE WITH OR VERIFICATION OF PRIOR TO OR AS A CONDITION OF ADMISSION TO THE VENUE, INCLUDING THOSE INTENDED TO PREVENT AND/OR CONTROL THE SPREAD OF COVID-19 THROUGH PERSONAL PRECAUTIONS, SOCIAL DISTANCING MEASURES, AND/OR CONTACT TRACING AND/OR ANY REQUIREMENTS RELATING TO FACEMASKS AND/OR ENHANCED HEALTH SCREENINGS (WHICH MAY INCLUDE A REQUIREMENT THAT THE HOLDER, AND ANY PERSON FOR WHOM THE HOLDER OBTAINS A TICKET OR IS IN THE HOLDER’S PARTY, BE TESTED FOR AND/OR VACCINATED FOR COVID-19 PRIOR TO THE EVENT) (“POLICIES”). VENUE RESERVES THE RIGHT TO REFUSE ADMISSION OR EJECT ANY PERSON THAT FAILS TO ABIDE BY ANY POLICIES. VENUE RESERVES THE RIGHT TO MODIFY ANY POLICIES WITHOUT NOTICE. IN THE EVENT ANY PROVISION OF THIS TICKET SHALL BE DEEMED TO BE INVALID, ILLEGAL, OR UNENFORCEABLE BY A COURT OF LAW OR AUTHORIZED ARBITRATOR, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
ANY VIOLATION OF THE TERMS AND CONDITIONS AND/OR POLICIES SHALL GIVE VENUE MANAGEMENT (OR ITS DESIGNEE) THE UNRESTRICTED RIGHT TO REVOKE THIS LICENSE IMMEDIATELY AND/OR BAR YOU FROM FUTURE EVENTS WITHOUT HAVING TO REFUND ANY PORTION OF THE PRINTED PURCHASE PRICE OR OTHER AMOUNT. THE LICENSE GRANTED BY THIS TICKET WILL AUTOMATICALLY TERMINATE IF ANY OF THE TERMS AND CONDITIONS IS VIOLATED OR IF HOLDER IS REFUNDED THE PRINTED PURCHASE PRICE OF THIS TICKET. WITHOUT LIMITING THE FOREGOING, VENUE MANAGEMENT RESERVES THE RIGHT TO REFUSE ADMISSION TO OR EJECT, FROM THE EVENT AND/OR FUTURE EVENTS, WITHOUT REFUND, ANY PERSON WHOSE CONDUCT IS DEEMED BY VENUE MANAGEMENT TO BE DISORDERLY OR WHO OTHERWISE FAILS TO COMPLY WITH THE TERMS AND CONDITIONS, ANY POLICIES AND/OR INSTRUCTIONS OF VENUE PERSONNEL. VIOLATION OF THIS LICENSE ALSO SUBJECTS THE HOLDER TO ALL REMEDIES AVAILABLE TO THE RELEASEES AT LAW OR IN EQUITY. HOLDER IS PROHIBITED FROM CARRYING ALCOHOLIC BEVERAGES, BOTTLES, CANS, COOLERS AND OTHER ITEMS PROHIBITED BY LAW OR VENUE POLICY INTO THE VENUE. HOLDER AND HOLDER’S BELONGINGS MAY BE SEARCHED (INCLUDING VIA METAL DETECTOR, X-RAY, AND PHYSICAL PAT-DOWN INSPECTIONS) FOR PROHIBITED ITEMS UPON ENTRY INTO THE VENUE, AND HOLDER CONSENTS TO SUCH SEARCHES. HOLDER WAIVES ANY CLAIM AGAINST THE RELEASEES RELATING TO OR ARISING FROM CONSENTED-TO SEARCHES, EXCEPT CLAIMS FOR DEATH OR PERSONAL INJURY RESULTING FROM THE RELEASEES’ NEGLIGENCE. IF HOLDER ELECTS NOT TO CONSENT TO THESE SEARCHES, HOLDER WILL BE DENIED ENTRY INTO THE VENUE.RESALE OR ATTEMPTED RESALE OF THIS TICKET IN VIOLATION OF APPLICABLE LAW AND/OR THE TERMS AND CONDITIONS VIOLATES THIS LICENSE. NO RELEASEE IS RESPONSIBLE FOR TICKETS NOT PURCHASED DIRECTLY FROM THE VENUE AND ITS AUTHORIZED AGENTS. EVERYONE ENTERING THE VENUE, REGARDLESS OF AGE, MUST HAVE A TICKET. TICKETS NOT OBTAINED FROM AUTHORIZED SOURCES MAY NOT BE HONORED. TICKETS CANNOT BE REPLACED IF LOST, STOLEN OR DESTROYED. HOLDER ACKNOWLEDGES THAT THE EVENT MAY BE CANCELLED OR RESCHEDULED AND, SOLELY AT THE DISCRETION OF VENUE MANAGEMENT, A TICKET REFUND OR NEW TICKET TO ANOTHER EVENT MAY BE ISSUED. IN NO EVENT WILL ANY RELEASEE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL SPECIAL DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES EVEN IF SUCH RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSE GRANTED BY THIS TICKET SHALL BE GOVERNED BY NEW JERSEY LAW, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF. THE EXCLUSIVE VENUE FOR ANY DISPUTES ARISING OUT OF THE LICENSE SHALL BE THE STATE OR FEDERAL COURTS IN HUDSON OR ESSEX COUNTY, NEW JERSEY. If HOLDER is a New Jersey resident or otherwise has rights under New Jersey’s consumer protection laws, NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
NAME/LIKENESS RELEASE
BY USING THE TICKET(S) AND ATTENDING THE EVENT, HOLDER, ON BEHALF OF HOLDER AND ANY PERSON ACCOMPANYING HOLDER, INCLUDING MINOR(S), GRANTS VENUE, WEH PRESENTS LLC, THE EVENT SPONSOR(S), PROMOTER(S) AND LICENSEES AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE AGENTS, EMPLOYEES AN CONTRACTORS (COLLECTIVELY THE “EVENT ENTITIES”) PERMISSION TO RECORD HIS/HER IMAGE, NAME, VOICE, LIKENESS, ACTIONS AND/OR STATEMENTS IN ANY IMAGE, FOOTAGE, OR DISPLAY, WHETHER LIVE OR RECORDED, WHICH MAY BE TAKEN AT THE EVENT OR AT THE VENUE, AND TO THE USE OF SAME BY THE EVENT ENTITIES AT ANY TIME, FOR ANY PURPOSE (INCLUDING ADVERTISING OR PROMOTIONAL PURPOSES), AND IN ANY MEDIA NOW KNOWN OR SUBSEQUENTLY DEVELOPED WITHOUT ADDITIONAL COMPENSATION. THE EVENT ENTITIES RESERVE THE RIGHT TO MODIFY ANY POLICIES, INCLUDING THIS RELEASE, WITHOUT NOTICE. IN ADDITION, HOLDER GRANTS TO THE EVENT ENTITIES PERMISSION TO COLLECT, USE, SHARE AND STORE CERTAIN HOLDER FACIAL AND OTHER BIOMETRIC INFORMATION AS PERMITTED BY LAW, INCLUDING FOR SECURITY PURPOSES.
UNAUTHORIZED COMMERCIAL USE OF TICKET / UNAUTHORIZED TRANSMISSION
TICKETS MAY NOT BE USED FOR ADVERTISING, PROMOTION (INCLUDING CONTESTS AND SWEEPSTAKES) OR OTHER COMMERCIAL PURPOSES WITHOUT PRIOR WRITTEN CONSENT OF THE EVENT ENTITIES. ANY NON-EDITORIAL OR COMMERCIAL USE OF ANY EVENT ENTITY MARK IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF THE APPLICABLE EVENT ENTITY. ANY UNAUTHORIZED TRANSMISSION, PICTURE OR OTHER DEPICTION OR DESCRIPTION OF ANY VENUE ACTIVITY IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF THE EVENT ENTITIES. VENUE RESERVES THE RIGHT TO MODIFY ANY POLICIES WITHOUT NOTICE.