Ticketing Terms + Conditions

These Ticketing Terms is an agreement between you (“you” or “user”) and KAABOO Del Mar, LLC (the “Company”). These Ticketing Terms, which include the Terms of Use and Privacy Policy, govern your purchase and use of a ticket or wristband (“Ticket”) for the KAABOO Del Mar Event (“KAABOO”) and your attendance at KAABOO.

PLEASE READ THE TERMS BELOW CAREFULLY. BY PURCHASING OR USE OF A TICKET FOR KAABOO OR YOUR ATTENDANCE AT KAABOO, YOU AGREE TO BE BOUND BY THESE TICKETING TERMS. IF YOU DO NOT AGREE TO THESE TICKETING TERMS, PLEASE DO NOT PURCHASE OR USE A TICKET OR ATTEND KAABOO.

A. Changes to the ticketing terms

The Company reserves the right to modify, add, supplement, amend, update or otherwise revise these Ticketing Terms, with or without notice to you. These amendments may in the Company’s sole discretion relate back to the date of purchase. When we make changes, we will revise the “Last Updated” date at the top of the Ticketing Terms. Your use of the Tickets or attendance at KAABOO will constitute your acceptance of such changes.

B. Access toKaaboo

The Tickets at all times will be deemed a revocable license issued by the Company for the sole purpose of accessing and attending KAABOO. The license may, at the sole discretion of the Company, be revoked at any time with or without additional notification to you and which may result in you being denied access or removed from KAABOO. The license may be revoked due to any violation of these Ticketing Terms, policies of the venue where KAABOO is held, or applicable laws, policies, rules or regulations, as determined by the Company.

C. Tickets for minors and access for minors to Kaaboo

Children under the age of two (2) at the time of attendance of KAABOO do not require a Ticket and may enter for free with a ticket holding adult. Children 17 and under at the time of attendance of KAABOO must be accompanied by a parent/legal guardian.

Children 17 and under at the time of attendance at KAABOO may not attend Club Elevate, KAABOO’s late night experience, which begins after the live music has ended, at 10 pm, on Friday and Saturday nights of KAABOO. Valid ID will be required for entrance.

D. Ticket purchase confirmations and receipt of wristbands

All KAABOO passes are non-refundable and non-exchangeable. Upon purchase of your ticket, you will receive an email confirmation of your purchase. The Company is not responsible for email notifications that are not received. Prior to KAABOO, you will receive a wristband at the delivery address given at the time or purchase. If you would like to change your delivery address, please contact KAABOO ticketing before July 15, 2017, at 855-798-5995. If you have not received your wristband seven days before KAABOO, please contact KAABOO Ticketing at boxoffice@kaaboodelmar.com or 855-798-5995.

E. Lost, stolen or destroyed tickets or wristbands

The Company, its processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets or wristbands. Following the delivery of your Tickets or wristbands, you assume 100% risk of loss relating to the Tickets or wristbands, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets or wristbands.

If your ticket or wristband is lost, stolen, or destroyed, please contact KAABOO Ticketing at 855-798-5995 with the order number and credit card used for original purchase. Decisions regarding replacement of a lost, stolen or destroyed ticket or wristband will be made on a case by case basis in the Company’s sole and absolute discretion.

F. Purchase of tickets from unauthorized sources and resale and use of tickets for commercial purposes

If you obtain your Ticket from any unauthorized source, you fully assume all risks associated with such Tickets, including that such Tickets may have been reported lost or stolen or that such Tickets may be counterfeit and in all cases, such Tickets shall be voidable and not honored by KAABOO.

Tickets purchased by you are intended for personal use only. 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 Ticketing Terms. If you violate these Tickets Terms including by attempting to resell Tickets, the Company in its sole discretion shall have the right to cancel all or part of the applicable ticket order or may elect to not put all or part of your order at Will Call.

The ticket may not be used for advertising, promotion, sweepstakes or any other commercial purpose without the express written consent of the Company.

Wristbands for all three days of KAABOO cannot be sold after removed. All removed wristbands are voided. If a wristband has been tampered with, it will be void.

G. Cancellation or changes to the line-up, date, or venue

The Company shall, at any time prior to KAABOO, have the right to cancel or change the venue, artist lineup, times, dates, or any other elements of KAABOO with or without advanced notice.

If KAABOO is changed, modified, rescheduled, or cancelled for any reason, the Company is not required to issue a refund and in no event will the Company be liable or responsible for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues, or business opportunities, even if the Company has been advised of the possibility of such damages.

If KAABOO is cancelled, postponed, or rescheduled, the Company shall post a notification at www.kaaboodelmar.com.

H. Assumption of risks

You assume any and all risks and dangers incidental or in any way relating to your attendance at KAABOO, including any risks that occur prior, during or after KAABOO 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; KAABOO attendees; the venue owners, operators, staff, employees, and agents; or the Company, its affiliates, licensors, employees, agents, or independent contractors.)

I. Loud music and special effects warning

All or designated areas of KAABOO 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 conditions that could be aggravated by these special effects should consider this warning before attending KAABOO, as such special effects may cause or induce seizures, diminished or hearing loss, and other health conditions.

J. Right to record and exploit your image

You consent to the use of your image, likeness, actions, and/or statements incidental to any live or recorded photographic, audio or video displays, broadcasts, or other transmissions, exhibitions, publications, or reproductions made of or at KAABOO, without additional authorization or compensation.

K. Prohibited items and actions at Kaaboo

Bottles, cans, liquid containers, coolers or containers of any other kind, food or beverages (unless medically necessary), poles or sticks of any size, balls, fireworks, illegal substances, weapons, noisemakers, oversized bags, skate boards, roller skates, bikes, wagons, radios or other music players, and/or placards or signs of any size may not be brought into KAABOO and may be confiscated. You consent to and are subject to search prior to and at KAABOO.

You agree to not engage in any illegal conduct of any kind, act in a disorderly manner, or disrupt KAABOO or other attendees’ enjoyment of KAABOO. You also agree that you shall not transmit or aid in transmitting any description, account, picture, or other depiction or reproduction of KAABOO, including pre- and post-KAABOO activities.

Failure to comply with these Ticketing Terms may lead to you being denied access or being removed from KAABOO.

L. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, employees, agents, and independent contractors (collectively, “Company and its Affiliated Parties”) against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your attendance or inability to attend KAABOO, or your breach or alleged breach of these Ticketing Terms.

M. Release and limitation of liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT, IN NO EVENT SHALL COMPANY AND ITS AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OR USE OF THE TICKETS OR ATTENDING KAABOO.

YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS AFFILIATED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES, AND LIABILITY INCLUDING ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR PURCHASE OR USE OF THE TICKETS OR ATTENDING KAABOO.

N. Applicable law and venue.

These Ticketing Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, these Ticketing Terms, or in connection with any matters related to these Services and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively in either the state or federal courts located in New Castle County, Delaware. You agree to submit to the personal jurisdiction of the courts of the State of Delaware for any cause of action arising out of this Ticketing Terms. You agree to file any cause of action with respect to these Ticketing Terms within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

O. Miscellaneous provisions.

The Ticketing Terms constitute the entire and only agreement between the Company and each purchaser of Tickets and attendee of KAABOO with respect to the subject matter of the Ticketing Terms and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of the Ticketing Terms.

Any waiver of any provision of the Ticketing Terms will be effective only if in writing and signed by the Company. If any clause in these Ticketing Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

P. Contact us

If you have any questions or concerns regarding the Ticketing Terms, the purchase of Tickets or attending KAABOO, please contact us at boxoffice@kaaboodelmar.com or 855-798-5995.

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