Seeker Pass Terms and Conditions
Your (“You” or “Your”) possession of a Season Pass or Seeker Pass (“Pass”) and purchase of a ticket (if required) and presentation at the event (“Event”) for access, subject to venue capacity, constitutes the irrevocable acceptance of, and agreement to be bound by, these terms and conditions respecting the Event, posted by Global Touring Group, Inc. and Milenio Music Producciones España, Sociedad Limitada (“Issuer”) on the website located at www.resistanceibiza.com (the “Site”). Your Pass shall be deemed a revocable license (the “License”) issued by Issuer, as licensor hereunder, for the sole purpose of accessing Privilege, the venue in which the Event is scheduled to occur (the “Venue”). Issuer may revoke the License at any time and for any reason without additional notiﬁcation to You, which includes denying You access to the Venue, including due to any violation, or suspected violation, of these terms and conditions, applicable laws, policies, rules or regulations, as determined by Issuer in its sole discretion. ALL SALES PURSUANT TO A PASS ARE FINAL. THERE SHALL BE NO REFUNDS AND/OR EXCHANGES. This Event is a “Rain or Shine” event. This Event is “Standing Room Only.” You assume any and all risks, whether expressly set forth herein, as well as any other risks or dangers incidental, or in any way relating, to the Event, including those arising from or relating to the acts or omissions of others (including Artists; Event attendees; Venue owners, operators, staff, employees or agents; or Event organizers, their afﬁliates, subsidiaries, ofﬁcers, directors, employees, members, partners, agents or designees). Event organizers and their respective Indemnitees 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 Venue, 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 all health conditions incidental, relating to or arising from extremely loud sounds and special effects, such as ﬂashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights and ﬁreworks and whether such injuries or manifestation of those injuries occur during or subsequent to the Event. THE EVENT IS INTENDED FOR MATURE AUDIENCES ONLY and no one under the age of 18 shall be admitted. You hereby agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Global Touring Group, Inc., Milenio Music Producciones España, Sociedad Limitada, Event organizers, sponsors, participants and artists, Privilege, and their respective subsidiaries, afﬁliates, ofﬁcers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively “Indemnitees”) from any and all injuries (whether personal injuries, death, property damage or otherwise), demands, suits, and/or claims relating in any way to the Event. Issuer shall have the right to record, publish, print, display or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of literary, musical, artistic productions, broadcast, re-broadcast, live stream, recording or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Your name, image, portrait, photograph, voice or other likeness, without Your additional consent. You further acknowledge and agree that Issuer shall be the sole and exclusive owner of any work containing Your image, voice or likeness. Issuer and the Venue maintain a zero-tolerance policy regarding illegal or illicit drug use at the Event. You knowingly, intelligently and voluntarily consent to be searched prior to entry to the Event for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to and during Your presence at the Event or Venue and agree that the discovery of any prohibited items shall constitute a violation of Issuer’s anti-drug policies and shall correspondingly give Issuer the right to immediately revoke Your License to access the Venue and to deny You any future admission to the Event or Venue without any legal or ﬁnancial liability to You. You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees for any losses, whether personal injury, death 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. Issuer shall, at all times, have the right to 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, as supplemented by the Passing terms and conditions on the Site, as amended from time to time by Issuer, represent the entire agreement between You and the Issuer with respect to its subject matter hereof. You agree that any disputes arising from or relating to Your purchase of Passs hereunder or any relationship or dispute between You and Issuer or You and any company or person employed by or which is afﬁliated with Issuer (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved by arbitration administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. THE PARTIES TO THIS AGREEMENT ACCORDINGLY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JUDGE OR JURY IN COURT IN CONNECTION WITH ANY DISPUTE. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING, INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. The parties shall first participate in non-binding mediation before commencing any arbitration (or taking any other action). Any proceeding to enforce this arbitration agreement must be brought in the U.S. District Court in the Southern District of Florida with venue lying in Miami-Dade County. This Agreement shall be governed and construed in accordance with the laws of Florida, notwithstanding any contrary choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof. In light of Your agreement to all the terms and conditions contained herein, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card issuer relative to the Pass or purchased services hereunder or regarding any amounts forfeited hereunder or similar charge reversal. You further agree that Issuer shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
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