TICKET PURCHASE AND EVENT TERMS AND CONDITIONS
By purchasing this ticket from The Playpen Events, LLC, and/or its affiliates or sister Companies (hereafter referred to as the “Company”) you the Purchaser (hereafter referred to as the “Purchaser” or “you” or “your” or “ticketholder”) agree to the following terms and conditions
Any purchase or possession of tickets (including wristbands, the “Ticket(s)”) for the Event 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).You further acknowledge and agree that the Company and its representatives, partners, subsidiaries, affiliates, transfers, assigns, successors, predecessors, designees, licensees, owners, members, mangers, officers, directors, contractors, agents, and employees 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 the Company, relate back to the date of purchase. The Company shall have the right to periodically Revise all or some of the terms or conditions specified herein by posting such Revisions on the Events website. If you do not agree to be bound by these terms and conditions, do not purchase Tickets.
By making a purchase of Ticket(s), you acknowledge that you (and any individuals you are purchasing the tickets on behalf of) are 21 years of age or older. You understand that all guests that are under the age of 21 will not be allowed into the event and will not receive a refund. Any ticket holder unable to present valid identification that they are at least the minimum age required for the event will not be admitted to the event and will not be entitled to a refund.
There are risks involved in any Event. By going to the Event, you assume all risks incidental to the Event and release the Company and its representatives, partners, subsidiaries, affiliates transfers, assigns, successors, predecessors, designees, licensees, owners, members, mangers, officers, directors, contractors, agents, and employees from all claims related to or arising out of the Event or your presence at the Event. The ticket you hold is subject to all applicable policies of the Management of the Event. This ticket is a revocable license to enter the Event at the date and time listed on the front. What that means is that Management reserves the right, without paying a refund, to refuse entry or eject you if you are not complying with all Management policies applicable to the Event.
The Event date and time is subject to change. Times and locations are subject to change. Resale and/or transfer of the ticket may be prohibited by Management’s policies, and if so, any such resale and/or transfer is void to the maximum extent allowed by applicable laws. Any such unauthorized resale and/or transfer may result in refusal of entry without refund. Tickets not obtained directly from Management may be lost, stolen, counterfeit or invalid, in which case they will not be honored. This is further outlined in the following disclaimer.
It is illegal to possess marijuana under Federal law. The boat is governed under federal laws and policed by the U.S. Coast Guard. Accordingly, possession of marijuana is prohibited by law on the boat despite it being legal to possess it in the City of Chicago generally. Therefore, you agree to not bring any marijuana on the boat and will comply when asked to dispose of it before boarding. Failure to comply will result in not being allowed on the boat and no refund will be provided.
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and the Company, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, the Company, and its respective representatives, partners, subsidiaries, affiliates, transfers, assigns, successors, predecessors, designees, licensees, owners, members, mangers, officers, directors, contractors, agents, and employees (collectively the “Indemnitees”) from any and all injuries or damages(whether personal injuries, property damage, delays, or otherwise), demands, suits, and/or claims relating in any way to the Event (even if the result of the Venue’s conduct or inactions)to the maximum extent permitted by applicable law.
Your Ticket shall at all times be deemed a revocable license issued by the Company, as the licensor hereunder or its respective designee(s) (“the Company” and sometimes also referred to as, “we,” “our” or “us”) for the sole purpose of accessing the Venues(s) which the Event is scheduled to occur (the “Venues”) and for attending the Event (the “License”). The License may, at the sole and absolute option of the Company, be revoked at any time by the Company with or without additional notification to You, which includes denying You access to the Venues 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 the Company or representatives, partners, subsidiaries, affiliates, transfers, assigns, successors predecessors, designees, licensees, owners, members, mangers, officers, directors, contractors, agents, and employees. Furthermore, the Company or any venue participating in the event reserves the right to refuse entrance to a person or persons under the influence of excessive alcohol, or whose conduct is such as to make him or her objectionable to other guests or the safe operation of the event.
LOST, STOLEN OR DESTROYED TICKETS.
The Company, 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.
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), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit and in all cases, such Ticket(s) shall be voidable and dishonored by the Company with or without advanced notification to You. You agree that the resale, or the 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. In such cases, including any profiting by reselling, trading, or brokering Tickets purchased through the Site, the Company shall have the right to cancel all or part of the applicable ticket order or may, at the Company sole option, elect to put all or part of Your order and all or part of other pending orders in Your name at Will Call. The Company reserves the right to cancel Your order(s) without notification for violating or the suspected violation of the terms and conditions of this provision. The Company also reserves the right to investigate all orders suspected to be in violation of this provision and shall be the final arbiter regarding violations or potential violations hereunder.
NOT REDEEMABLE FOR CASH.
Your Ticket is not redeemable for cash.
CHANGES TO THE DATE, TIME, OR VENUES
The Company, shall at any time prior to the Event, have the right to change the Venues, Event Times, Event Dates or any or all other components of the Event, at any time, 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.
EVENT CANCELLATION BY THE COMPANY
Upon the occurrence of an Event cancellation by the Company, the Company shall issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only. Purchasing Tickets pursuant to these terms and conditions subjects You to a degree of risk relative to possible Event 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.
FORCE MAJEURE EVENTS
Upon the occurrence of an Event Cancellation due to reasons other than by as specified in Paragraph above (“Event Cancellation By the Company”), including but not limited to, events outside the Company’s control, communicable diseases or pandemics, acts of God, riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), the Company shall, at its sole and absolute option (a) have the right, but not the obligation, to issue You a refund (including partial refunds on terms specified or contemplated in Paragraph 8 above) or shall at its option, (b) elect to postpone the Event or (c) cancel the Event without further legal or financial obligation or liability to you, including the obligation to issue You a refund or to reschedule the Event. Purchasing Tickets pursuant to these terms and conditions subjects You to a degree of risk relative to possible Event cancellations. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set for in the agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets. If the Company elects to issue a refund, the Ticket purchaser of record shall be refunded in an amount equivalent to the face value of Ticket(s) only. If the Company elects to reschedule the Event for a future date, You may not be entitled to a refund. Under no circumstances shall You be entitled to a refund of any shipping, handling or other processing fees.
POSTPONEMENT OF EVENT
Unless otherwise specified herein, at all times prior to the Event, the Company reserves all rights to cancel or postpone the Event or to change the Venues, the event schedule, time, the date of the Event or other Event-related components without any obligation by the Company to give You additional or prior notice or compensation.
NOTIFICATION OF EVENT CANCELLATION OR POSTPONEMENT
If Event is cancelled or postponed, whether in whole or in part, or if the Venues is closed, the Company shall post a notification on the Site relating to such cancellation or postponement.
ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES.
Purchasers understands that there are NO REFUNDS ON TICKET SALES. All sales are final and tickets are non-refundable unless the event is cancelled by the Venue, in which case the Purchaser will be due a refund. Purchaser agrees that not attending the event does not entitle Purchaser to a refund. This Event is a “Rain or Shine” Event. This Event is “Standing Room Only.” 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 the Company prior to the start time of the Event 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 Event, including any risks that occur prior, during or after the Event 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, Event attendees, the Venues owners or operators and its staff, employees and agents; or the Company, the Event organizer, and their ). representatives, partners, subsidiaries, affiliates, transfers, assigns, successors, predecessors, designees, licensees, owners, members, mangers, officers, directors, contractors, agents, and employees.
LOST OR STOLEN PROPERTY
The Company and their respective Indemnitees (defined in 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 Venues or during the Event, regardless of fault. You assume all risks of loss associated with the loss or damage to Your personal property.
You assume all risks of personal injuries relating to Your attendance of the Event including, but not limited to projectiles, 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 and fireworks during the Event and whether such injuries occur subsequent to the Event.
LOUD MUSIC AND SPECIAL EFFECTS WARNING.
All or designated areas of the Venues during the Event 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 Event, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and the Company, and the Company’s respective representatives, partners, subsidiaries, affiliates, transfers, assigns, successors, predecessors, designees, licensees, owners, members, mangers, officers, directors, contractors, agents, and employees and its contractors, 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. the Company shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness for any lawful purpose, including for example, such purposes as publicity, illustration, advertising, social media, and Web content without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that the Company 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 the Company, the Company shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in any medium, whether not existing or hereinafter created, including via publicity, illustration, advertising, social media, and Web content or other reproduction of Your image at or about the Event, and whether in or out of context.
NO ILLICIT DRUGS; NO WEAPONS
The Company and the Venues maintains a zero tolerance policy regarding the illegal or illicit drug use at the Venues or otherwise during the Event. You knowingly, intelligently and voluntarily consent to be searched by the Company for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your presence at the Event or Venues and agree that the discovery of any prohibited items shall constitute a violation of the Company’s anti-drug policies and shall correspondingly give the Company the right to immediately revoke Your License to access the Venues, to attend the Event and to deny You any future admission to the Event or Venues without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and the Company, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees 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.
The Company shall, at all times, have the right to transfer, assign, or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You
You agree that the terms and conditions contained herein, and as amended from time to time by the Company, represent the entire agreement between You and the Company 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.
ARBITRATION OF DISPUTES.
Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and the Company or You and any company or person employed by or which is affiliated with either the Company, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of Nevada law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator.
REVERSAL OF TICKET
In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to Ticket purchases” as set forth in the above Paragraphs You further agree, in conformity therewith that, in no event shall you commence a reversal of the funds with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar reversal. You further agree that the Company shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. Company reserves the right to attorney’s fees, lawful interest, and collection costs should Company be forced to challenge or sue for a reversal you receive.
FOREIGN CURRENCY REFUNDS
The Company shall not be responsible for any exchange rate losses incurred during the order or refund process. the Company shall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended.
COMMUNICATION AND EMAIL LIST
Purchaser consents to have their email address added to the Company (or its subsidiaries, parents, or affiliates) email list so that they can stay up to date with any upcoming events and opportunities. By purchasing your ticket you agree to receive emails with VIP offers and discounted tickets to future similar events – you can opt out of these emails by simply replying and requesting to be removed. If you would like to purchase a ticket, but not be added to our email list please email us directly at email@example.com.
SPECIAL MATTERS REGARDING THE VESSEL/BOAT
Per United States Federal Regulations: no passenger may leave the boat at any time during the cruise, including entering the water. Passengers may only enter and exit the vessel through the supervised entrance ramp during boarding and alighting times.
In the event of dangerous weather conditions, security situations, mechanical issues with the locks, the boat, etc., the boat may not cruise, but the event will still go on at the dock and no refunds will be given. In the event of rain, or other inclement weather, the event will continue on the enclosed portion of the boat and refunds will not be given.
The boat in the flyer and online ad is not the same as the boat you will be cruising on. For more information or pictures of the boat feel free to visit their website.
Cruise length will vary based upon multiple factors, including, but not limited to: boarding time, lock operations, boat traffic, weather, special events such as fireworks, emergency situations, etc.
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 the Company
If you are purchasing this ticket on someone else’s behalf then you hereby represent, warrant, and agree that the recipient of this ticket is authorizing you to purchase it on their behalf and agrees to be bound by all the terms, conditions, and representations herein. If any term or condition of this Agreement fails or is deemed void or voidable then all other terms and conditions of this Agreement shall be in full force and effect and otherwise binding on the parties herein.
Irrespective of any terms to the contrary herein, you hereby represent and acknowledge in purchasing this ticket for another person(s) that you have been granted the authority to do such by the other person and are thus acting as their agent in purchasing such ticket(s) on their behalf. In purchasing such on their behalf, you further agree and acknowledge that in acting as their agent you are binding that persona and yourself as their agent to any and all terms and conditions herein.
This Agreement shall be governed under the State Laws of Illinois, County of Cook.