1214_sw_banner_1-2016

SPRING WEEKEND TERMS & CONDITIONS


THE ISSUER IS REGISTERED WITH THE STATE OF FLORIDA AS THE SELLER OF TRAVEL. REGISTRATION NO. ST38643.


THE TERMS AND CONDITIONS SET FORTH BELOW GOVERN YOUR TRANSACTION, INCLUDING THE PURCHASE OF THIS TICKET(S) (“TICKET”). TO AGREE TO THESE TERMS, CLICK “COMPLETE MY ORDER”. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “COMPLETE MY ORDER” AND DO NOT COMPLETE THE TRANSACTION, INCLUDING THE PURCHASE OF THIS TICKET.


PLEASE BE ADVISED that the completion of this transaction, including the purchase of this Ticket, shall act as the unconditional acceptance to be bound by the terms and conditions contained herein (“Terms and Conditions’) by the purchaser and/or holder (hereinafter referred to as “Purchaser”, “Holder”, “You” or “Your”). If You do not accept this Terms and Conditions, please do not complete this transaction.

TICKET PROVIDER

The completion of this transaction, including the purchase of the Ticket, is being handled and serviced by a third-party (“Ticket Provider”). Separate terms and conditions may apply to the purchase of the Ticket from the Ticket Provider. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions imposed by the Ticket Provider, including, but not limited to, any terms and conditions related to the payment of all amounts due and that may become due arising out of and related to the purchase of the Ticket. You understand that any violation of Ticket Provider’s terms and conditions may result in cancellation and revocation of Your Ticket and/or Your removal from the Event, in Your forfeiting any monies paid for the Ticket, and/or in our charging Your account for any costs we incur as a result of such violation.


Notwithstanding the use of Ticket Provider, nothing contained herein shall imply any partnership, joint venture or agency relationship between Ticket Provider and the issuer, XM Event Group, LLC d/b/a Spring Weekend (“Issuer”), and neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent necessary to process your transaction.


In the event that Ticket Provider’s terms and conditions conflict with these Terms and Conditions between You and Issuer, then these Terms and Conditions shall control over Ticket Provider’s terms and conditions.

WARRANTIES AND REPRESENTATIONS

You warrant that: (i) You are at least eighteen (18) years of age; (ii) You possess the legal authority to create a binding legal obligation; (iii) You will use the Ticket and/or participate in the Event in accordance with the Terms and Conditions; and (iv) all information supplied by You is true, accurate, current and complete. To the extent that You are purchasing the Ticket on behalf of another individual, You represent and warrant that such individual agrees to and is bound by these Terms and Conditions, and that you agree to unconditionally defend, indemnify and hold Issuer, and any of its officers, directors, employee and agents, harmless form and against any claims, causes of action, demands, recoveries, losses, damages, or other costs or expenses of any kind or nature brought against Issuer by such individual.

USE OF TICKET AND PARTICIPATION IN EVENT

The Ticket, including Your right to access the venue and attend the event (“Event”) through the use of the Ticket, which shall include the use of any wristband(s) issued to You by Issuer in furtherance of said Ticket and use at the Event, which collectively with the Ticket shall be referred to as “Ticket”, is a revocable license to attend the Event for which it was issued. The Ticket, including Your right for entry into the Event, may be revoked at any time by Issuer for any reason without compensation. You understand that You may not sell, assign and/or transfer Your Ticket, and the resale of the Ticket at a price greater than face value is absolutely prohibited. You agree that any lost, stolen, damaged or destroyed Ticket, particularly, any wristband(s) issued to You upon presentation of the Ticket at the Event, cannot be replaced. You understand that the Event is INTENDED FOR MATURE AUDIENCES ONLY. You understand that Issuer reserves the right to cancel, postpone, and/or change, the venue, the artist lineup, time, and/or date of any particular event being held during the Event for which the Ticket was issued at any time without prior notice or compensation to You, regardless of any statements made by Issuer regarding the Event, whether through marketing materials, advertisements, promotions, social media, websites or any other sources.


YOU UNCONDITIONALLY UNDERSTAND THAT ONCE THIS TRANSACTION IS COMPLETE, ALL TICKET SALES ARE FINAL, THERE WILL BE NO REFUNDS AND/OR EXCHANGES FOR ANY REASON.


You assumes all risks of personal injury arising out of, related to, or incidental to Your use of the Ticket, including your attendance at the Event, whether occurring prior to, during or subsequent to the Event, and You voluntarily agree that Issuer, management, venue, facility, team, artist(s), performers, attendees, participants, participant clubs, night clubs, promoters, sponsors, suppliers, vendors and all of their respective agents, officers, directors, managers, subcontractors, owners and employees are expressly released from any claims arising from such causes. You bear all risks of inclement weather. Event activities, performances and event time and dates are subject to change. Your Ticket for this Event may not be used for marketing, advertising, promotion (including contests and sweepstakes) or other trade purpose without the express written consent of Issuer. The use of cameras, video or audio recording equipment is prohibited unless otherwise indicated by Issuer, the venue, facility, team, artist(s), performers, participating clubs, night clubs, promoters, sponsors, suppliers, or vendors of the Event. You are required to avoid littering, and please respect the venue and the environment.


You understand that Your use of the Ticket and admission to the Event is further strictly contingent upon Your complete awareness and understanding that Your presence at the Event will constitute Your unconditional and complete acceptance of the Terms and Conditions, including, but not limited to all of the following: 1) You understand that Your right to use the Ticket and attend the Event is contingent upon Your voluntary assumption of all risk and danger incidental to Your presence at the Event, whether occurring prior, during or after the Event, including any acts or omissions of others (including the venue, facility, artists, performers, attendees, participants, participant clubs, night clubs, promoters, sponsors, staff, vendors, suppliers and any other person or party); 2) You agree to indemnify, save and hold harmless Issuer, including any Event venue, facility, team, artist(s), performers, attendees, participants, participant clubs, night clubs, promoters, sponsors, suppliers, vendors and all of their respective agents, officers, directors, managers, subcontractors, owners and employees, including, but not limited to their staff and their designees, from any and all injuries, demands, suits, and/or claims; 3) You understand that the right to the Ticket, including your right to attend the Event, is a revocable license, which is subject to revocation and/or denial of admission, without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the promoters or venue rules, policy or regulations and for any other action taken by You in violation of any local, state of federal law; 4) You understand that any or all of the venue, Issuer, the Event sponsors, the participants and the artists, including but not limited to their respective management, their agents, their staff and their designees may utilize Your image and/or Your likeness in connection with any broadcast, recording or other reproduction of the Event and may be used for any purpose, including but not limited to commercial purposes without any compensation to You; 5) You understand that the Event, including, but not limited to any venues, has a zero tolerance policy for the use of illegal drugs and that illegal drug use will not be tolerated at the Event; 6) You understand and agree that Your participation in the Event is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons and/or other prohibited items prior to Your admission to the Event and/or at any time thereafter which shall lead to the immediate revocation of the right to attend or continue to attend the Event, and denial of admission to or immediate removal from the Event if any such items are found; 7) You understand that Issuer, including any Event venue, facility, team, artist(s), performers, attendees, participants, participant clubs, night clubs, promoters, sponsors, suppliers, vendors and all of their respective agents, officers, directors, managers, subcontractors, owners and employees, including, but not limited to their staff and their designees, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere at the Event, regardless of fault or reason, so act accordingly; 8) You unconditionally agree that the terms and conditions herein contained represent the entire agreement between You and Issuer with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, representations, warranties, communications, and agreements, written or oral regarding such subject matter; 9) You understand that all sales are final; 10) You understand that this Event is Rain or Shine; 11) You understand that there are absolutely no refunds or exchanges; and 11) You unconditionally agree to be bound by any and all of the terms and conditions herein contained.


We retain the right at our sole discretion to deny access to the Event and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms and Conditions, or any law regardless of whether or not You are prosecuted for this violation, and if prosecuted, regardless of the eventual disposition of the case.

CANCELATION, REFUND POLICY AND TRANSFERS

ALL SALES ARE FINAL. THERE WILL BE NO REFUND OR EXCHANGES.


ALL PAYMENTS MADE BY YOU OR ON YOUR BEHALF FOR THE EVENT ARE NON-CANCELABLE, NON-REFUNDABLE AND NON-TRANSFERABLE. THERE WILL BE NO REFUNDS ISSUED RELATED TO THE EVENT FOR ANY REASON.


If the Event is cancelled or rescheduled, or the venue is closed for any reason, You will be updated via e-mail as soon as information is reasonably available. Accordingly, a valid e-mail address is strictly required when completing Your transaction and you bear all risk in the event the wrong information is provided. BEFORE TRAVELING TO THE EVENT, PLEASE CONFIRM THE EVENT’S STATUS WITH ISSUER BY CONTACTING ISSUER USING THE INFORMATION SET FORTH AT THE BOTTOM OF THE TERMS AND CONDITIONS.

RULES, REGULATIONS, AND TRAVELER RESPONSIBILITY

Separate terms and conditions may apply for Your reservation and purchase through suppliers and/or third party vendors arising out of and/or related to the Event and other travel-related goods and services that are associated with the Event, such as such as hotel, bus, venues, or activity providers, who fulfill Your travel reservations. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions imposed by any supplier or third party in connection with the Event (e.g. hotels, buses, parks, venues, amusement parks, restaurants), including, but not limited to, payment of all amounts when due and compliance with the supplier's and/or third party’s rules and restrictions regarding availability and use of facilities, products, or services. You acknowledge that some third party providers and suppliers offering certain services and/or activities may require You to sign liability waivers prior to participating in the service and/or activity. You understand that any violation of any such third party’s or supplier's rules and restrictions may result in cancellation and revocation of Your Ticket and/or Your removal from the Event, in Your being denied access to the applicable event or travel product or services, in Your forfeiting any monies paid for the Ticket, and/or in our charging Your account for any costs we incur as a result of such violation.


Issuer, and any suppliers or third party vendors reserve the right to enforce reasonable rules and standards of conduct to facilitate the Event for all Event participants’ safety and enjoyment. By agreeing to these Terms and Conditions, You agree that failure to comply with such rules and standards, or these Terms and Conditions, may result in Your removal from the Event, which may include, but is not limited to, removal from any hotel, airline, cruise, bus, venue, park, amusement park, limousine or car rental companies, and/or Event, at Your sole expense. If removed from a hotel, Issuer will not be responsible for providing other hotel accommodations or refunds to You. This may also result in the removal from the entire Event. In the event of such removal, You shall no longer be able to attend the Event. By agreeing to and acknowledging these Terms and Conditions, You hereby release Issuer from any and all liability or additional costs arising out of, or in connection with, Your removal from the Event caused by any direct or indirect third parties.

DESTINATIONS

BY ISSUING THE TICKET AND/OR HOSTING THIS EVENT, ISSUER DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO THE EVENT IS ADVISABLE OR WITHOUT RISK, AND ISSUER IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE EVENT, OR FROM ANY NEGLIGENCE OF ISSUER RESULTING FROM TRAVEL TO THE EVENT.

LIABILITY DISCLAIMER AND LIMITATION OF LIABILITY

IN NO EVENT SHALL ISSUER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SPOUCES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DISMEMBERMENT, OR DISFIGUREMENT, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF THE TICKET OR ATTENDANCE AT THE EVENT DUE TO ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ISSUER, OR ISSUER’S EMPLOYEES OR AGENTS, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ISSUER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


THE TICKET PROVIDERS, SUPPLIERS, VENDORS, PERFORMERS, ARTISTS, NIGHTCLUBS, CARRIERS, HOTELS AND ALL OTHER THIRD PARTIES WHICH MAY BE PROVIDING GOODS OR SERVICES DURING OR RELATED TO AN EVENT ARE NOT AGENTS OR EMPLOYEES OF ISSUER. ISSUER SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH TICKET PROVIDERS, SUPPLIERS, VENDORS, PERFORMERS, ARTISTS, NIGHTCLUBS, CARRIERS, HOTELS AND ALL OTHER THIRD PARTIES FOR ANY CLAIM, DEMAND, PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER CLAIMS, DAMAGES OR EXPENSES RESULTING THEREFROM. ISSUER SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, WEATHER, ACTS OF GOD, ACTS OF NATURE, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ISSUER’S DIRECT CONTROL, AND ISSUER SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DAMAGES, DELAYS, RE-ROUTING OR ACTS OF ANY SUPPLIER, THIRD-PARTY, AGENCY, GOVERNMENT OR AUTHORITY.


If, despite the limitation above, Issuer is found liable for any loss or damage, which arises out of or in any way connected with any of the occurrences described above, then Issuer’s liabilities will in no event exceed the cost of the Ticket. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive termination of the Event and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Issuer, and/or their respective suppliers.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ISSUER AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES, BROUGHT BY THIRD PARTIES AS A RESULT OF: (A) YOUR BREACH OF THESE TERMS AND CONDITIONS; (B) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY; OR (C) ANY ACT, OMISSION, AND/OR NEGLIGENCE OF YOU AND/OR ANY THIRD PARTY.

ASSUMPTION OF RISK

*WARNING: EXCESSIVE EXPOSURE TO LOUD MUSIC WILL DAMAGE YOUR HEARING*


The Event is meant to be a multi-day event on or around the beaches of Florida. You are expected and required to follow all laws, codes, rules, regulations, trip rules, instructions and other terms and conditions while attending this Event, and maintain respectful and appropriate behavior at all times. By agreeing to these Terms and Conditions, You understand and acknowledge that Issuer is not obligated to provide twenty-four (24) hour supervision for You and/or any other participant for the Event.


The geographic location of the Event, weather conditions in Florida and the nature of the Event may provide for certain unsafe and/or hostile environments that might include, but are not limited to, extreme heat, fire, mud, extreme changes in elevation, water, loud noises and music, and close proximity of other attendants. Therefore, You acknowledge that the Event may carry with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the nature of the Event) regardless of the care and precautions taken by Issuer. You also understand that is extremely strenuous with the accompanying risks and dangers generally present in such activities. You understand that these hazards may be magnified due to the fact that Event is often conducted under what may be extreme conditions and circumstances. In an effort to mitigate these risks, particularly, the exposure extreme heat and weather conditions, please keep hydrated at all times.


You understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects (e.g., collision with spectators or Even personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstructions); 2) encounter with obstructions; 3) equipment related hazards (e.g., broken, defective or inadequate Event equipment, unexpected equipment failure, imperfect Event conditions); 4) weather-related hazards (e.g., extreme heat, extreme humidity, rain, fog, etc.); 5) inadequate first aid and/or emergency measures; 6) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the event); and (7) exposure to loud music.


You further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Serious injuries are less common, but may sometimes occur. They include, but are not limited to: property loss or damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, and infection. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death.


You understand that it is Your responsibility to inspect the Event venues, facilities, equipment, and areas to be utilized by You, and if You believe or become aware that any are unsafe or pose unreasonable risks, You agree to immediately notify appropriate personnel. By participating in the Event, You are acknowledging that You have found the Event venues, facilities, equipment, and areas to be used to be safe and acceptable for participation. You accept full and sole responsibility for the condition and adequacy of the Event venues, facilities and equipment.


You understand fully the inherent risks involved in the Event and assert that You are willingly and voluntarily participating in the Event. You have read the preceding paragraphs and acknowledge that 1) You know the nature of the Event; 2) You understand the demands of this Event relative to Your physical condition; and 3) You appreciate the potential impact of the types of injuries that may result from the Event. You hereby assert that You knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that You incur as a result of participating in the Event.

PROPERTY DAMAGE DISCLAIMER

Any damage caused by You to any supplier or third party and its property, including, but not limited to, property belonging to any hotel, charter bus, venue, restaurants, food vendors, ATM, rental car, park, venue, night-club, production (including, but not limited to, sound, lighting, truss, special effects, visuals, tents, etc.) or any other properties visited during the Event, will be the sole financial and legal responsibility of You. This includes, but is not limited to, any fines, fees, legal actions or penalties, or any costs associated with the damages caused by You. Issuer will promptly remove any participant from the Event who is directly or indirectly involved with such damage to any of the above-referenced property.

EVENT MEDIA USE

Issuer retains the right to photograph and film the Event and any attendants of the Event, including You, which we may use for future brochures, advertisements, or place online for promotional use.

PRIVACY POLICY

Issuer, including the Ticket Provider, may use Your personal information and sensitive billing information for the purpose of completing Your transaction and other related services. We use other information about You for the following general purposes: to provide You with the products and services You request; to provide You with travel confirmation and updates; to manage Your account, including processing bills and providing travel notifications; to communicate with You in general; to respond to Your questions and comments; to measure interest in and improve our products, and services; to notify You about special offers and products or services that may be of interest to You in the future; to otherwise customize Your experience with Issuer; to solicit information from You, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms and Conditions; and as otherwise described to You at the point of collection. By visiting our website third parties may place cookies on Your browser for targeted advertising purposes. The type of data that may be collected for targeted advertising may include but are not limited to IP addresses, cookie identifiers, and website activity. This data may be used by third parties to target advertising on other sites based on Your online activity. If You wish to not be contacted for future mailers, calls, text messages, or emails after the termination of an Event, or to opt out of targeted advertising, please notify Issuer in writing via email at info@springweekend.com, or at the mailing address provided above.

LAWFUL USE

You may not duplicate, download, publish, modify or otherwise distribute information obtained from Issuer, whether through its website or otherwise, for any purpose other than to review Ticket and Event information, and to make purchases for personal use. Issuer reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Issuer believes Your conduct or information supplied violates applicable law or is harmful to the interests of Issuer.

ATTORNEY'S FEES

Issuer shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding in connection to, arising out of, or relating to these Terms and Conditions.

MISCELLANEOUS

These Terms and Conditions (i) constitute a binding agreement between You and Issuer; (ii) represent the entire agreement between You and Issuer, and supersede all prior agreements relating to the subject matter contained herein and (iii) may not be modified or amended except in writing signed by both You and Issuer. Nothing contained herein shall imply any partnership, joint venture or agency relationship between You and Issuer and neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein provided. If any provision of these Terms and Conditions shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of these Terms and Conditions shall not be affected and shall remain in full force and effect. These Terms and Conditions shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflicts of laws principles thereof. You agree to submit to jurisdiction in Florida and venue in the courts of Broward County, Florida. You shall not sell, transfer or assign these Terms and Conditions or the rights or obligations hereunder. The parties' rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors and joint administrators and permitted assigns. The headings of the various sections of these Terms and Conditions have been inserted for convenience of reference only.

CONTACT INFORMATION

If You have any questions or comments, please send them in writing to Issuer at XM Event Group, LLC, 511 SE 5th Avenue, Suite #3, Fort Lauderdale, Florida 33301.


SPRING WEEKEND 2016 STARTS IN:

0 0 0 0
DAYS HOURS MINUTES SECONDS