A21 EVENT TERMS AND CONDITIONS
Please read these A21 Event Terms and Conditions (“Terms” or “Agreement”) carefully, as they affect your future legal rights. These Terms apply to the event described on this website (the “Event”).
All Event tickets, wristbands, passes, permissions, authorizations and entry methods (whether physical or digital and whether for a patron or their vehicle) (collectively, “Tickets”) are subject to these Terms. By accepting possession or by using any Ticket or by entering the Event, you (the “Attendee”) agree to all Terms and are legally bound to comply with these Terms. The original Authorized Purchaser and any Authorized Recipient (as defined below) agrees to inform all of their respective guests of these Terms with due diligence. Agency 21 Consulting LLC (the “Event Producer”) reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check back periodically for changes.
RESPONSIBLE ALCOHOL CONSUMPTION
The Event strongly encourages the responsible consumption of alcoholic beverages. Attendees who believe they are not in a condition to safely operate a motor vehicle are urged to consult with an Event representative for assistance in securing safe transportation to their intended destination.
UNAUTHORIZED TRANSFERS PROHIBITED
All publicly sold Tickets are for use by the original authorized purchaser and their invited guest(s) only (each an “Authorized Purchaser”), and are not transferable by the Authorized Purchaser, any of their invited guests, or any other person. Likewise, all Tickets provided to chefs, production personnel, vendors, sponsors, and other guests of the Event Producer (each an “Authorized Recipient”), are for use by the Authorized Recipient and his or her invited guest(s) only, and are not transferable by the Authorized Recipient, his or her invited guest(s), or any other person.” Tickets obtained from unauthorized sources may be counterfeit and are worthless.
Except as provided herein, Tickets may not be sold, transferred, or used for any form of commercial or trade purposes, including but not limited to promotions, contests, commercial or advertising purposes, housing, hotels, vacation rentals, sweepstakes, charitable giveaways, or other activities absent the Event Producer’s prior written consent. No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional activity may be conducted at the Event (inclusive of parking lots), absent the Event Producer’s prior written approval in each instance. Any Tickets used in violation of this provision shall be deemed revoked and void, and their bearers deemed trespassers at the Event.
An Event pass or credential must be worn and properly displayed at all times. Any Attendee without a proper credential will be escorted from the Event immediately. Event Producer will not replace lost or stolen passes.
Resale or attempted resale of Tickets is grounds for termination of the license and cancellation of the Ticket. By purchasing a Ticket to the Event, Attendees agree to this purchase policy. Before purchasing a Ticket, we urge Attendees to confirm the title, time and location of the Event.
AUTHORIZATION OF ATTENDEE IMAGE AND LIKENESS
By attending the Event, Attendee grants the Event Producer and its affiliates and licensees the irrevocable, transferable, perpetual right and license to publish, print, display, record, and use (by photography, film, tape, aural devices, and any other method of device) its name, voice, image, and likeness, while at event, (the “Materials”), and use such Materials in perpetuity throughout the universe and for any purposes in any and all media now or hereafter advised.
The Event Producer shall be the exclusive owner of all rights, including copyright, in the Materials. Attendee hereby irrevocably transfers, assigns, and otherwise conveys to Event Producer its entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. Attendee acknowledges and agrees that it has no right to review or approve Materials before they are used by Event Producer, and that Event Producer has no liability to Attendee for any editing or alteration of the Materials or for any distortion or other effects resulting from event’s editing, alteration, or use of the Materials, or event’s presentation of Attendee.
OWNERSHIP AND USE OF EVENT’S INTELLECTUAL PROPERTY
The Event Producer owns the trademarks, imagery, name, likeness, and trade dress of the Event (collectively, the “Event Intellectual Property”) and generally does not permit the use of the Event Intellectual Property by third parties. Attendee agrees not to make use of the Event Intellectual Property except for nominative fair use or with prior written permission from the Event Producer.
NO LIVE AUDIO, VIDEO STREAMING OR BROADCASTS
The Event Producer retains all webcast/Internet rights to the Event. Any live streams or broadcasts, whether for Internet or otherwise, from the Event must be specifically agreed to in advance with the Event Producer. No one may transmit, broadcast, or communicate any live audio or audiovisual images from the Event site without the Event Producer’s prior written permission. As an example, this prohibition includes, but is not limited to, use of any service which broadcasts to the Internet.
AUDIO AND/OR VIDEO RECORDINGS AND RELATED EQUIPMENT
Without the express prior written permission of the Event Producer, Attendee may not bring any audio or video recording devices (except for personal cell phones) into the Event.
Attendee may bring personal, non-commercial, photography devices into the Event and may use these devices to obtain short-form video and still photographs (collectively “Personal Content”). By way of example, personal, non-commercial, photography and video devices include, but are not limited to, cell phones, small digital or film cameras (without a detachable lens). Event Producer reserves the right, in its sole discretion, to prohibit any device it believes may be used in violation of these Terms, which it believes poses a safety risk, or which it believes may lessen the enjoyment of the Event by others.
ATTENDEE MAY NOT MAKE ANY COMMERCIAL USE OF ANY PERSONAL CONTENT WITHOUT THE PRIOR WRITTEN PERMISSION OF THE EVENT PRODUCER. By way of example, commercial use may include, but is not limited to, posting Personal Content on a website that sells a product, or displays any ads or sponsored links; using or causing Personal Content to appear in any publication, magazine, serial, or book; using Personal Content to sell, sponsor, or endorse a product; or using Personal Content on any website that is or appears to be affiliated or associated with, or sponsored by the Event or the Event Producer. Event Producer reserves the right to prohibit any use of Personal Content which it believes is in violation of the Terms. Event Producer in its sole discretion may determine what constitutes a commercial use not permitted by the Terms.
Attendee may use Personal Content for Attendee’s own direct, noncommercial, use. Examples of direct, noncommercial use include, but are not limited to, posting Personal Content on Attendee’s own personal social media account (e.g., TikTok, Facebook, Instagram or Twitter); posting Personal Content to personal website or personal content sharing site (unless the account, personal website or personal content sharing site is affiliated or associated with a commercial use); and sharing Personal Content with Attendee’s personal friends or family (whether in electronic or physical media). Direct, noncommercial, use never involves posting of Personal Content on any website or server, or in any other media whether electronic or physical, which sells any product or service, or features or contains any advertisements or sponsored links, or which purports or appears in any way, to be an official or affiliated website of the Event or the Event Producer. Without the express prior written permission of the Event Producer, Attendee may not sell, transfer, license, sublicense, give or otherwise transfer any Personal Content or ownership therein.
ASSIGNMENT OF COPYRIGHTS
Unless otherwise expressly agreed to in writing by the Event Producer, Attendee assigns to Event Producer the exclusive ownership to Attendee’s Personal Content and to any audio recordings taken at the event by Attendee. Event Producer may execute any assignment documents on Attendee’s behalf as necessary to perfect Event Producer’s ownership, and Attendee appoints Event Producer as Attendee’s attorney-in-fact to execute any such documents for Attendee. Attendee further acknowledges, agrees to, and consents to Event Producer registering the copyright with one or more copyright authorities, including but not limited to the United States Copyright Office, and listing the Attendee’s contribution as anonymous.
Event Producer, as the copyright owner, has the right, but not the obligation, and at its sole discretion, to enforce its copyright rights in any Personal Content or audio or video recordings taken at the event not permitted by the Terms.
Event Producer assigns to Attendee the non-exclusive right to use Attendee’s Personal Content for Attendee’s own direct, noncommercial, use as permitted in the Terms. All other rights not assigned by Event Producer to Attendee are retained by Event Producer. Any violation of the Terms shall be grounds for Event Producer to cancel the assignment to Attendee.
SCHEDULED TIMES SUBJECT TO CHANGE
Event Producer reserves the right, in its sole and absolute discretion, to modify, postpone, or reschedule the start time, end time, and date of the Event (the “Scheduled Times”) at any time and for any reason, including but not limited to technical issues, emergencies or other unforeseen circumstances. Such modifications, postponements, or reschedulings of the Scheduled Times may occur without prior notice to Attendee. By agreeing to these Terms, Attendee acknowledges and agrees that Event Producer is not liable for any loss, inconvenience, or damage, whether direct or consequential, arising from any change to the Scheduled Times. Unless expressly stated otherwise, no refunds or credits will be issued for modifications, postponements, or reschedulings of the Scheduled Times, even if such changes result in Attendee’s inability to attend the Event. It is Attendee’s responsibility to check the official website, social media channels, or other official communication methods used by Event Producer to stay informed about any changes to the Scheduled Times. Event Producer is not responsible for any failure on Attendee’s part to stay informed about such changes.
Attendee consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases the Event Producer and all persons participating in such medical treatment from all responsibility for any such actions.
LOST OR STOLEN BELONGINGS
Event Producer is not responsible for and will not be held liable for belongings that are lost, stolen or damaged at the Event.
CONSENT TO SEARCH/REFUSAL/EJECTION
Attendee and Attendee’s belongings may be searched upon entry into the Event, and Attendee consents to such searches and waives any related claims that might arise against the Event Producer and its agent. If Attendee elects not to consent to such searches, Attendee may be denied entry into the Event.
ALCOHOLIC BEVERAGE CONTAINER POLICY
In accordance with Event policy, attendees are prohibited from bringing any open or unopened containers of alcoholic beverages onto Event premises. Attendees are likewise prohibited from removing any alcoholic beverage containers from the licensed venues, whether these containers are open or unopened.
ADDITIONAL PROHIBITED ITEMS
In addition to those items prohibited elsewhere in these Terms, without the express prior written permission of the Event Producer, Attendee may not bring any of the following items into the Event (or cause any of items to enter the event): [glass bottles, aluminum bottles, knives, explosives, sling shots, weapons of any other kind, Frisbees, flags, skateboards, roller skates, hover boards, laser pointers, drones of any kind, remote controlled devices or remote controlled toys, large backpacks, and other items as designated by Event Producer.] Event Producer reserves the right to refuse admission to or eject any person at Event Producer’s sole discretion, including as a result of Unacceptable Behavior (as defined below).
ASSUMPTION OF RISKS
Attendee understands and agrees that there are certain risks of personal or property injury, illness, and/or death associated with attending the Event. These risks include, without limitation (i) risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”), and (ii) risks related to the consumption of food and alcohol, including but not limited to foodborne illnesses, allergic reactions, and overconsumption of alcohol leading to impaired judgment or medical complications.
Attendee understands and agrees: (a) that the risk of exposure to COVID-19 cannot be fully eliminated and is increased by proximity to other people, (b) that an inherent and elevated risk of exposure to COVID-19 exists in any public place or place where people are gathered, (c) that attending the Event may involve coming into close contact with other people and consuming food and alcohol, (d) that there is no guarantee, express or implied, that Attendee will not be exposed to COVID-19 or other risks associated with food and alcohol consumption, and (e) that exposure to COVID-19, foodborne illnesses, or complications from alcohol consumption can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death.
Despite these risks, Attendee voluntarily assumes ALL known and potential risks and dangers of injury and/or death from any cause, resulting from, in connection with, or incidental to the Event. This assumption includes, but is not limited to, risks of exposure to COVID-19, risks associated with the consumption of food and alcohol, and risks that occur before, during, or after the Event. By accepting possession of or by using any Ticket, Attendee expressly assumes all such risks and dangers and agrees that the Releasees (as defined below) are not responsible for any such risks and dangers.
WAIVER OF CLAIMS
To the fullest extent permitted by applicable law, Attendee forever releases, waives, discharges and agrees not to sue the following: the Event owner(s); Event Producer; participants and their managers, agents, furnishing companies and representatives; the Event ticketing agency and/or ticketing services provider; and their respective parents, subsidiaries, affiliates, partners, owners, members, managers, officers, directors, past and present employees, volunteers, agents, representatives, successors, trustees, successors and assigns (collectively, the “Releasees”) from any known or unknown claims, losses, damages, liability, demands, actions, injury or death, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims” or, as used individually, a “Claim”), arising directly or indirectly (i) from the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and/or (ii) from COVID-19 or any other illness or injury that Attendee may sustain while at the Event, regardless of whether caused by the negligence or other fault of the Releasees or any third party. Attendee hereby covenants not to make or bring any such Claim against Event Producer and forever releases and discharges Event Producer from liability under such Claims.
For California residents: I understand that this Waiver applies to Claims which I may not know or suspect to exist and I knowingly and voluntarily waive such rights, including those under California Civil Code Section 1542, which provides: “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.”
Attendee further agrees to indemnify, defend, and hold harmless Releasees from any and all claims, demands, liabilities and/or damages arising from all Claims and Attendee’s conduct, acts or omissions during the Event. In no event shall Releasees be liable for consequential or indirect damages.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to Attendee or to any third party for, and Attendee expressly waives all rights to seek any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to the Terms, the Ticket and/or the Event (even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).
Attendees are expected to (i) be courteous and respectful to those around them and refrain from behavior that interferes with others’ ability to enjoy the Event (ii) refrain from Unacceptable Behavior (as defined below) (iii) be mindful of their surroundings and of their fellow Attendees, (iv) alert Event organizers if they notice a dangerous situation or someone in distress, (v) comply with all requests from Event staff regarding operational and emergency procedures, and (vi) wear their bracelet and/or badge, if one is provided to them, at all times while at the Event.
The following unacceptable behavior will not be tolerated (collectively, “Unacceptable Behavior”):
Intimidating, harassing, abusive, discriminatory, derogatory, or demeaning conduct by any Attendee of the Event or related Event activities. Many Event venues are shared with members of the public; please be respectful to all patrons of these locations.
Physical or verbal abuse, intimidation, threats, annoyance, harassment, stalking, pushing, shoving or use of any physical force whatsoever against any person, which in any way creates a disturbance that is disruptive or dangerous, or creates apprehension in a person, as determined by the Event and its management, in their sole discretion.
Possession of a weapon or any item that can be used as a weapon, which may be used to threaten or cause injury to others if used in a certain manner.
Any destruction or vandalizing of personal property or Event site or materials.
Any boisterous, lewd or offensive behavior or language, using sexually explicit or offensive language or conduct, profanity, obscene gestures, or racial, religious or ethnic slurs.
Possessing any open can, bottle or other receptacle containing any alcoholic beverages, except in areas specifically designated for the consumption of alcohol or being intoxicated, as determined by the Event, in any event venue or function. Please drink responsibly.
Possessing any illegal substance, including but not limited to narcotics, marijuana, or other illegal drugs. Event Producer does not tolerate the use or abuse of illegal substances anywhere on the Event site.
Smoking is not permitted, other than in designated areas.
Assembling for the purpose of, or resulting in, disturbing the peace, or committing any unlawful act or engaging in any offensive behavior.
Any other illegal activity not explicitly mentioned above.
Failure to obey any of the rules or regulations of the Event Producer or instructions of the Event staff.
Event Producer reserves the right, in its sole and absolute discretion, to remove any Attendee from the Event premises at any time for any reason. Should any Attendee be removed from the Event for any reason, no refund of any fees or expenses will be provided. All Attendees are expected to adhere to the Event’s Terms concerning expected behavior and Unacceptable Behavior. Any attendee who is instructed by the Event Producer or its agent to cease any form of Unacceptable Behavior is expected to comply immediately.
In the event that any Attendee is found to be engaged in Unacceptable Behavior, the Event Producer reserves the right to take any action deemed appropriate in its sole discretion. Such actions may include, but are not limited to, immediate expulsion from the Event without warning or refund, and if circumstances warrant, referral to local law enforcement authorities.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
Unless prohibited by federal law, Attendee and Releasees (the “Parties” or, individually, a “Party”) agree to arbitrate any and all Claims, except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
In any claim or dispute to be resolved by arbitration, neither Party will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that the Parties would have if the Parties went to court will not be available or will be more limited in arbitration, including the right to appeal. Each Party understands and agrees that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. Attendee may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the Parties both agree upon in writing or that is appointed pursuant to Section 5 of the FAA. The arbitration shall take place in the federal judicial district where the Event took place, or in another location on which the Parties agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to the Parties alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The Parties agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom Attendee purchases Tickets and Releasees’ employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The Parties each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or the Parties’ bankruptcy or insolvency (to the extent permitted by applicable law).
IRREPARABLE INJURY AND CONSENT TO INJUNCTIVE RELIEF
Any breach of these Terms by the Attendee will cause irreparable injury to Event Producer and Attendee consents to injunctive relief to prevent or mitigate any irreparable injury.
Except as otherwise stated in the Arbitration Agreement above, any Claim arising from or relating to these Terms, the Event, or our dealings with one another, whether based in contract, tort, fraud or otherwise and regardless of the place of Attendee’s residence, is governed by, and construed in accordance with, Florida law, without regard to conflict of laws principles. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
OTHER RIGHTS / RESTRICTIONS
No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional/advertising activity may be conducted at the Event (inclusive of parking lots), absent the Event Producer’s prior written approval in each instance.