ROCK 2 FREEDOM TICKET TERMS AND CONDITIONS
These are the terms and conditions (“Terms”) that apply to you (“You”, “Your”, or “Ticket Holder”) and Your purchase of a ticket or tickets for the In-N-Out Burger Rock 2 Freedom Benefit Concert (“Concert”), Your attendance at the Concert, and all related events including but not limited to parking, concert events, and other concert activities (collectively, “Concert Activities”) that may be provided to You and in which You may participate, as conducted by, on behalf of, or sponsored by In-N-Out Burgers (“In-N-Out”), the Slave 2 Nothing Foundation, and their respective contractors (collectively, “Concert Hosts”).
NOTICE AND WARNING TO TICKET HOLDER: By buying or using this ticket You agree to abide by the Concert Hosts’ terms and conditions as provided here, on rock2freedom.com or universe.com, and on any printed materials or announcements made on the Concert site or anywhere Concert Activities are conducted.
TICKET PURCHASE: Tickets for the Concert are final and nonrefundable, nontransferable, revocable, and may not be redeemed for cash. No exchanges and no refund of ticket service fees. Concert to be held rain or shine. The Concert Hosts reserve the right to cancel or modify the sale of any tickets without notice. Each ticket purchased is for one Concert attendee. Each person entering the Concert must have a purchased ticket for the Concert and for any of the ticketed Concert Activities as selected by the ticket purchaser. If you do not receive tickets that You purchase on-line, please contact Universe at [email protected]. The Concert Holders are not responsible for any loss or inconvenience caused by computer or mobile device error, or unauthorized duplication or sale of any ticket purchased on-line. Concert Hosts are not responsible for lost or stolen tickets. The Concert Holders reserve the right to refuse entry to duplicate ticket holders.
ACCESS AND ENTRY: Your ticket purchase does not guarantee Your entry to the Concert. Entry of Concert attendees and availability of Concert Activities is subject to capacity limitations, restrictions, availability, public health orders, closures, unforeseen events, weather conditions, changes, cancellations, and other potential occurrences that may impact the Concert. The Concert Hosts are not liable for restriction or limitation on access to the Concert and Concert Activities, and You release the Concert Hosts from any liability or claim for the same. The Concert Hosts also reserve the right to refuse entry or re-entry to, or remove from the Concert site, any ticket holder for any reason and any ticket holder who may be deemed incapacitated, violent, disruptive, unsupervised, a risk to self or others, or in violation of these Terms. Tickets can only be used on the Concert date and for no other event. Concert Hosts may require all attendees to show identification and proof of ticket purchase.
ASSUMPTION OF RISKS AND DANGER: You agree that You voluntarily assume all risk and danger of
property damage, personal injury, death, and all other hazards related in any way to attending the Concert and participating in Concert Activities anywhere at the Concert site and at all times before, during or after the Concert Activities. This includes potential risks and danger that may be associated with Concert Activities and related activities or conditions already present or that may arise with or without notice, such as, without limitation, flying objects, disorderly conduct, crowds, conditions at the Concert site, weather, terrorism, active shooters and others, foreseen or unforeseen. You agree that the Concert Hosts and each of their respective officers, owners, officials, sponsors, contractors, assignees, permittees, employees, and agents shall not be liable for any loss, damage, or injury to You and hereby release them from all claims of liability. You agree to be alert for hazards at all times while attending the Concert and participating in Concert Activities. You agree to review all Concert restrictions, health and safety advisories, notices, and accessibility guidelines. The Concert Hosts are not responsible for lost or stolen property. You agree that your attendance at the Concert and participation in Concert Activities is voluntary, and that You are assuming all associated risks with such participation.
MEDIA AND CONSENT: You consent to the Concert Hosts and their respective assignees, licensees, or
permittees using Your voice, image or likeness in any live or recorded video, photograph, or other transmission, image or reproduction of all or part of the Concert Activities, and in any programs, videos, publications, advertisements or promotional materials, in all media, anywhere, forever, including without limitation on television, on the internet, on social media and anywhere else, without compensation to You.
MINORS: If You are a parent or guardian accompanying a minor, by allowing the minor to attend the Concert and participate in Concert Activities, You are deemed to have given all of the foregoing grants of rights, releases, and waivers on such minor’s behalf. If You do not wish to or are not authorized to grant such rights, releases, and waivers on behalf of such minor, you should immediately accompany the minor out of the Concert site. The Concert Hosts shall not be liable for any damage, harm, or injury incurred by a minor who is not accompanied by a parent or legal guardian.
OWNERSHIP OF CONTENT: The Concert Hosts own all rights to the sights, sounds, results and occurrences of the Concert, including the right to publicize and to commercially exploit the Concert and copyrights, trademarks, and rights of publicity. YOU MAY MAKE ONLY PERSONAL, NON-COMMERCIAL USE of any of Your images or content from the Concert, for example, to post photos and short videos for Your own personal social media. Otherwise, You agree not to broadcast, webcast, stream or livestream, sell, offer to sell, post, distribute, publish, display, exhibit, broadcast, rebroadcast, upload, livestream or stream any of the sights, sounds, results, scoring-related data, statistics, performances, exhibits, races, concert footage, race footage, or occurrences at the Concert (collectively, “Content”) by any means whatsoever. You agree not to use or authorize others to use any Content for any commercial or promotional purpose, or for or in connection with a media outlet (directly or indirectly). You agree not to collect, transmit, distribute, publish or sell Content (including any scoring, statistical, competition or other data) for any betting or gambling-related activity.
TICKET AND CONCERT CONDITIONS: This ticket is a revocable and limited license that the Concert Hosts have discretion to end at any time. No resale on or around Concert premises or over face value is permitted. No refunds or exchanges, including service charge shall be provided, and all ticket sales are final. Concert Activities and corresponding dates, times, content, and schedule are subject to change. You consent to reasonable search for alcohol, drugs, weapons and other prohibited items at any time during your Concert attendance.
PRIVACY AND TERMS OF SERVICE: The personal data that any ticket holder or purchaser provides to the Concert Hosts or their respective agents or affiliates will, subject to applicable law, be used, processed, stored, or transferred by each of the Concert Hosts in accordance with its respective Privacy Policy, as provided at universe.com/privacy and in-n-out.com/privacy-policy. Each Privacy Policy contains specific information as to when, how, and, if applicable, the legal bases for using, collecting, processing, storing, or transferring personal data. Each of the Concert Hosts’ respective Privacy Policy incorporates each of the Concert Hosts Terms of Use or Terms & Conditions (“Site Conditions”). To the extent the Site Conditions do not conflict with any terms and conditions provided on this website or on Your ticket, such Site Conditions govern the purchase and disposition of Your ticket and the provision of any services from the Concert Hosts, including without limitation governing law, dispute resolution, disclaimers, limitations of liability, and indemnification. To the extent the Site Conditions conflict with any terms and conditions on this website or on Your ticket, the Terms herein or Your ticket control.
SEVERABILITY: If any provision or part of these Terms is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part shall be removed from these Terms without affecting the remaining Terms.
GOVERNING LAW AND VENUE: Subject to the Binding Arbitration terms below, any claim relating to the Concert or the Concert Hosts shall be governed by the laws of the State of California with exclusive jurisdiction in the state and federal courts Orange County, California, and You waive the right to contest such jurisdiction. You agree to specifically waive any right to bring a class action or other representative or collective action (such as an action in the form of a private attorney general) and further agree to resolve any claim in accordance with the Binding Arbitration terms below.
BINDING ARBITRATION: I AGREE THAT, UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO MY CONCERT ATTENDANCE AND PARTICIPATION IN CONCERT ACTIVITIES, NOW OR IN THE FUTURE WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). I ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES MY RIGHT TO GO TO COURT. I THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY. I AGREE THAT I THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). I ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY. I ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms, including the arbitrability of any dispute and any claim that all or any part of these Terms is void or voidable.
- In the event of a dispute, I agree to send a written notice of dispute with my name, address, and contact information, the facts giving rise to the dispute, and the relief requested to the Concert Released Parties at House of Blues Anaheim (400 W Disney Way, #337, Anaheim, CA 92802). The Concert Released Parties will send any notice of dispute to me at the contact information I provide. The Concert Released Parties will then conduct informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, the Concert Released Parties or I may commence an arbitration proceeding. I may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not I negotiated informally first.
- If the Concert Released Parties and I do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for initiating arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or on-line. In-person proceedings will take place in Orange County, California; provided, however, that if circumstances prevent me from traveling to Orange County, California, JAMS may hold an in-person hearing in my hometown area. The Concert Released Parties and I agree to submit to the exclusive jurisdiction of the federal or state courts located in Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to me individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either me or the Concert Released Parties) is responsible for paying the filing fee. However, if the arbitrator issues me an award of damages and: (a) that award is greater than the amount of the Concert Released Parties’ last written settlement offer; or (b) if the Concert Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Concert Released Parties will reimburse me for the filing fees I incurred.
Except as provided above with respect to jurisdiction in Orange County, California, nothing in this arbitration provision shall be construed as consent by the Concert Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement. This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
HEALTH DECLARATION AND ASSUMPTION OF RISK: With Your purchase of any Concert tickets, attendance at the Concert, and participation in Concert Activities, You confirm the following:
Assumption of Risk: I am aware of the COVID-19 pandemic and I am choosing to purchase a ticket(s) and attend the Concert with full knowledge of the pandemic and the risks posed by the disease. I know these risks include without limitation, illness, permanent disability, and death. I attest and certify that I do not now have and in the past 14 days have not suffered from any symptoms of COVID-19 infection including without limitation: cough; shortness of breath or difficulty breathing; fever; chills; muscle pain; headache; sore throat; new loss of sense of taste or smell; fatigue or other flu-like symptoms; nor have I been exposed to any person exhibiting such symptoms in the past 14 days. I know and accept that there is a risk of contracting a contagious disease such as COVID-19 by attending the Concert and through contact with other people at the Concert, and that such risk cannot be eliminated. I agree to abide by hygiene and infection control methods in effect at the Concert site, to protect myself and others from possible infection. I understand and agree that I will not attend the Concert if I am feeling or experiencing, or have been exposed to anyone with, any of the above symptoms, and I agree to immediately leave the Concert if I begin to feel or exhibit any such symptoms. I acknowledge that my attendance and participation at the Concert and in Concert Activities is entirely voluntary.
Waiver: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Concert Released Parties, defined below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Concert Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my attendance at the Concert and participation in Concert Activities. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as permitted by law.
Acknowledgment Of Assumption Of Risk And Waiver By Other Users: I attest, acknowledge, and agree that any individual for whom I have bought a ticket, or who uses a ticket purchased by me, has independently and carefully read these Terms and has knowingly and independently acknowledged and agreed to all its provisions, including without limitation (1) to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, and all risks related to the sole, joint, active or passive negligence of any of the Concert Released Parties, and (2) to agree, on his or her own behalf and on behalf of his or her heirs, executors, personal representatives, administrators, and assigns, to forever waive, covenant not to sue, release, and discharge the Concert Released Parties from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active, or passive negligence of any of the Concert Released Parties arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during his or her Concert attendance and participation in Concert Activities.
Waiver On Behalf Of Minor Children: For any minor child for whom I have bought a ticket, or who uses a ticket purchased by me, I agree and acknowledge that I am the minor child’s natural and/or otherwise legal guardian and I am authorized to and do waive and release, in advance, any of the following that would accrue to the minor child: any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Concert Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during the minor child’s Concert attendance and participation in Concert Activities.
Third-Party Beneficiaries: I acknowledge and agree that any individual for whom I have bought a ticket, or who uses a ticket purchased by me, is and is intended to be a third-party beneficiary of that ticket
purchased by me.
Waiver of California Civil Code § 1542: I acknowledge and agree that I am familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released
party.
Indemnity/Insurance: On my own behalf and on behalf of my heirs, executors, personal representatives,
administrators, and assigns, I agree to indemnify and hold each of the Concert Released Parties harmless from and against any and all claims made or incurred by anyone, including myself and any individual who uses a ticket purchased by me, that relate to or arise from: my purchase of a ticket and subsequent Concert attendance and participation in Concert Activities; and any and all risks described above in the sections entitled ASSUMPTIONS OF RISKS AND DANGER and Assumption of Risk or in any other way related to exposure to COVID-19 and any other communicable or infectious disease, wherever such activities may occur and whether suffered before, during, or after such participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Concert Released Parties through and including any appeals. I understand and agree that I am not relying on the Concert Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to my Concert attendance and/or participation in Concert Activities, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my Concert attendance and/or participation in Concert Activities, at my own expense.
Scope: I agree that the Waiver and Indemnity provided for herein shall cover all physical and emotional injuries and/or damages, including without limitation all illness and bodily injury (including death), whether suffered by me or anyone else before, during, or after my Concert attendance and/or participation in Concert Activities. Additionally, I agree that the scope of the Waiver and Indemnity shall include any claims related, in whole or in part, to my own actions and the actions of third parties, whether foreseeable or unforeseeable.
Term: The Waiver and Indemnity provided for herein applies to the Concert and Concert Activities or presence on the Concert site arising out of the purchase of a ticket for the Concert, Concert Activities, or parking, pursuant to which I and the Concert Released Parties agreed in these Terms, from the date of execution.
Concert Released Parties: The Concert Released Parties includes the Concert Hosts and their respective parents, subsidiaries, and other affiliated or related companies, and all officers, directors, employees, shareholders, members, agents, contractors, sub-contractors, representatives, successors, assigns, insurers, and volunteers of each of the foregoing entities.