PLEASE BE ADVISED that the purchase and/or use of this ticket shall constitute the unconditional acceptance to be bound by any and all of the terms and conditions of this agreement (the "Agreement") between the purchaser and/or holder (hereinafter referred to as "You" or, in the possessive, "Your") of the ticket ("Ticket") to attend all or part of the event you selected at Governors Beach Club (the "Venue""), on the date(s) you selected when you purchased your ticket (the "Event") and EZ Festivals, LLC ("EZ Festivals").
You must have a valid Ticket to enter the Event. Treat Your Ticket as You would treat cash. There are no replacements for lost, stolen, destroyed or damaged Tickets, and You unconditionally accept the risk of loss, damage and/or theft of this Ticket.
You understand and agree that the Ticket is a revocable license ("License") to attend the Event on the day(s) indicated on the Ticket, which is subject to revocation and denial of admission without compensation for any reason including, but not limited to, Your attempted or actual violation of this Agreement, Venue rules, policy or regulations and/or for any other action taken by You in violation of any local, state or federal law or that may endanger other ticketholders. The Ticket is only valid on the day(s) of the Event as indicated on the Ticket. Reentry is prohibited.
You understand and agree that the resale of the Ticket at a price greater than face value is absolutely prohibited. You understand and agree that the Ticket is not redeemable for cash. You agree that if you present a Ticket that was obtained from an unauthorized source, it may be a lost, stolen or counterfeit ticket and if so, it is worthless and void. The resale, attempted resale, or purchase of this Ticket at a price higher than the official purchase price from Flavorus, Inc. ("Flavorus") is grounds for seizure and cancellation of the Ticket without compensation. The only valid tickets are those purchased and/or redeemed through an authorized Ticket seller, such as Flavorus.
No person(s) shall use the Ticket in association with any sweepstakes, contest or giveaway including, but not limited to, as a prize or incentive, without EZ Festivals' prior written consent. Any Ticket so used will automatically become void at EZ Festivals' sole discretion with no refund to You and/or the holder of the Ticket.
By entering the Event, You voluntarily assume all risk or danger incidental to the Event whether occurring prior to, during, or subsequent to, the Event, including, but not limited to, death, personal injury, property loss, property damage or any other liability. Such assumption of risks and/or danger includes but is not limited to acts or omissions of EZ Festivals.
Any and all of audio and/or video recording or streaming or time-delayed streaming of the Event is strictly prohibited and such recordings will be seized.
You understand that EZ Festivals reserves the right to cancel, postpone, and/or change the Event, including the venue, artists, time, and/or date of all or any portion of the Event at any time without prior notice or compensation to You. Such cancellation, postponement, and/or change to the venue, artists, time, and/or date of the Event shall not entitle you to a refund or any other reduction in the Ticket price or compensation of any kind. EZ Festivals will not be liable for travel, lodging and/or any other expenses You or anyone else incurs. YOU UNCONDITIONALLY UNDERSTAND THAT ALL TICKET SALES ARE FINAL, THERE WILL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. THIS IS A RAIN OR SHINE EVENT.
You agree to indemnify, save and hold harmless the Venue, SFX Entertainment, Inc., EZ Festivals, LLC, Made Event LLC, Backbone North America Inc., Governors Garden Management LLC, Water Taxi Beach Governors Island LLC, Governors Island Corporation d\b\a The Trust for Governors Island, The City of New York, Harbor Ferry Services, LLC, Billybey Ferry, the People of the State of New York, the New York State Executive Department, the New York State Office of Parks, Recreation and Historic Preservation, the New York City Region of State Parks, Recreation and Historic Preservation Commission, the Department of Environmental Conservation, the City of New York, the New York City Department of Parks and Recreation, and each of their commissioners, officers, agents, employees, successors and assigns, the promoter, the participants and the artists, including but not limited to their respective management, their agents, their staff and their designees and all other parties related to the above (all of whom together are herein referred to as the "Festival Parties") from any and all injuries, demands, suits, and/or claims, arising out of or related to Your breach of this Agreement, Your or any other person(s) negligence or misconduct at, around, or while traveling to and/or from the Event.
You hereby agree not to sue any of the Festival Parties and agree to waive any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies of any kind, nature or description and whether at law, in equity, in contract or in tort, whether known or unknown ("Claims") and to discharge and hold harmless the Festival Parties from any and all liability, damages, costs or expenses of any kind (whether direct or indirect) arising out of any Claims in connection with the Event, Your attendance at the Event, or Your travel to and from the Event, whether or not caused by the negligence or gross negligence of the Festival Parties.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE FESTIVAL PARTIES OR THEIR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE EVENT OR ANY PRODUCT OR SERVICE PURCHASED AT THE EVENT, EVEN IF THE FESTIVAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE FESTIVAL PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER ATTENDEE OF THE EVENT TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE EVENT, (c) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (d) ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OF EVENT STAFF OR SECURITY TO HONOR YOUR TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE EVENT IS TO LEAVE THE EVENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. THE FESTIVAL PARTIES' AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID FOR YOUR TICKET, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE FESTIVAL PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
You understand that EZ Festivals or third parties authorized by EZ Festivals may utilize Your name, Your image and/or Your likeness in connection with any broadcast, audio and/or visual recording, audio-visual recording, photograph, or other reproduction or other publication of the Event (the "Footage") and that the Footage may be used for any purpose including, but not limited to, commercial purposes, without any compensation to You, and you waive all other rights in and to those images and likenesses, including, but not limited to, all claims of so-called moral rights. The Footage may be registered or stored by EZ Festivals or governmental authorities for the purpose of ensuring the security and safety of Event attendees and the enforcement of and compliance with the safety regulations of the Venue. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct. Any and all photographs, video, audio and/or audio-visual recorded by You at the Event shall be deemed the property of EZ Festivals ("EZ Property") for its sole and exclusive use. To the extent that the EZ Property is not deemed to be owned by EZ Festivals, You do hereby assign transfer and sell all right, title and interest in and to the EZ Property to EZ Festivals.
You understand that EZ Festivals and the Venue have a zero tolerance policy for the use of illegal drugs and that illegal drug use will not be tolerated at the Venue.
You understand and agree that Your use of the Ticket is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons, objects that may disrupt the peace or jeopardize the safety of other ticketholders, and/or other prohibited items prior to Your admission to the Venue and/or at any time thereafter. If any of these items are found, this License for admission shall be immediately revoked, such items will be seized by security personnel and forfeited by You, or You will be immediately removed from the Event. Your refusal to submit to such a search shall also lead to the immediate revocation of this License and denial of admission to or immediate removal from the Event.
You understand that the Festival Parties and all their related parties including, but not limited to, their management, employees, and agents, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue regardless of fault or reason, so act accordingly.
You understand that EZ Festivals reserves the right to change, modify, add or remove any or all provisions herein contained in its sole discretion without prior notice to You.
In order to attend the Event, you must be at least 18 years of age as of the date of the Event, with valid proof of age, which is acceptable to the Parties. Failure to provide such proof of age shall preclude you from entering the Event and you shall not be entitled to any refund. In accordance with the terms herein, you will not be entitled to, nor will the Festival Parties be liable for, any other damages, including but not limited to incidental and/or consequential damages, travel, lodging and/or any other expenses incurred by You or any other person.
You must show one of the following forms of approved identification. No exceptions will be made.
Government issued passport;
Driver's license (USA or Canada)
Military identification card; or
Government issued identification card (USA or Canada).
The following are examples, but not an exclusive list, of unacceptable forms of identification:
Expired identification card;
School identification card;
License/ID card that is expired or that was issued in countries other than the U.S. or Canada;
Social security card;
Federal immigration card;
Voter registration card; or
Copies of any acceptable forms of identification.
You will be denied entry to the Event or removed from the Venue if You:
Try to access or be present in sections restricted to certain ticketholders unless in accordance with Your Ticket or special admission ticket, such as production rooms, artists' lodges, VIP zones, press rooms, offices, backstage and working areas;
Climb tents, constructions, fences, closures, lighting columns, tables, benches or any other infrastructure of the Venue or Event;
Obstruct entrances, exits and evacuation routes and/or linger at these locations any longer than strictly necessary for entering or exiting the Venue;
Wear a disguise or obstruct all or any portion of Your face to avoid being recognized;
Disturb the peace or compromise the safety of the general public, or demonstrate an intent to do so, in the sole discretion of Event staff, security, or EZ Festivals;
Sell drinks, food or any other product without the express consent of EZ Festivals;
Throw or shoot any object, liquid, or any other product in loose or gaseous form;
Smoke in the non-smoking areas or use Electronic Cigarettes;
Urinate in public;
Display or make texts, symbols, images, gestures, wear clothing or articles of dress with language, or use language, that is obscene, racist, xenophobic, provocative, or discriminatory, in the sole discretion of EZ Festivals, Event staff or security personnel;
Are clearly under the influence of alcohol, drugs or any other illegal substances;
Re-enter the event after you have been banned or removed from the Event, even if You are in possession of a new Ticket (such Ticket will not be refunded);
Deface, mark, damage, or destroy, in whole or in part, the Venue, decorations, or permanent or temporary structures at the Venue;
Litter or fail to maintain the cleanliness of the Venue;
Engage in fighting or disruptive behavior;
Resist the direction of and search by security personnel;
Refuse to declare and forfeit objects that are considered to be dangerous or off-limits by the Event's security personnel – security personnel are under no obligation to return forfeited items; and/or
Act in violation of the provisions of one or more articles of this Agreement or the spirit thereof.
XX. The following is a non-exclusive list of items that are prohibited at the Event:
Bicycles, scooters, and other personal motorized items, except as otherwise allowed under the law;
Large bags or backpacks. All bags must be no larger than 12 inches in width, 12 inches in height and 16 inches in length;
Fake ID's, they will be confiscated and your Ticket will be cut without refund;
Food or drink purchased from outside the Event;
Glass bottles, glass containers, cans, canteens, flasks or other containers of liquid (empty camelbacks and plastic water bottles will be allowed);
Illegal drugs, substances, paraphernalia, prescription drugs without a valid prescription with the holder's name clearly listed or prescription drugs that are being shared with others, and other products that are being used or may be used for an unintended purpose;
Deodorant, cosmetics or perfume in big bottles or sprays (larger than 3oz/90ml);
Any apparatus (e.g. umbrella, totem pole, flagstick, sunshade, tripod for cameras, or walking canes) considered dangerous by the security services to other festival goers may be confiscated;
Projectiles or explosives in solid, liquid or gaseous form;
Flammable products or materials and sprays;
Pyrotechnics of any type (e.g. sparklers, bottle rockets);
Any weapons (e.g., knives, sharp objects, or bruising objects), in EZ Festivals Event staff or security's sole opinion, which could be used as a weapon (sticks, chains, stabbing or thrust weapons and the like);
Any item that can be used as a means to disturb the peace, endanger the safety of the crowd and/or inflict damage to people and goods in the sole discretion of security personnel;
Fire making materials other than matches and lighters;
Animals (other than those permissible under Section XXII below);
Laser pointers, pens or similar focused light devices;
Professional cameras (those with detachable lens) and recording devices;
Water guns or misters;
Flyers, stickers, or posters; and
The following is a non-exclusive list of items that are permissible at the Event:
Simple disposable or pocket cameras (non-professional);
Plastic tarps and blankets to sit on;
Liquid sunscreen and cosmetic products (max. 30oz or 90ml);
Small or medium backpacks (ALL BAGS MUST BE NO LARGER THAN 12"W x 12"H x 16"L);
Sealed cigarettes & lighters;
Sunglasses, hats, and fanny packs;
Sealed Chapstick and gum;
Guide dogs for people with visual disabilities. Guide dogs do need their own access pass. Please email email@example.com to request a pass for Your guide dog.
The Event shall be accessible to all guests pursuant to the Americans with Disabilities Act (the "ADA"). If you have any ADA-related questions or concerns, or need an accommodation not identified here, please email firstname.lastname@example.org. Please allow at least ten (10) business days to fulfill any special requests for accommodation. Please note that trained guide dogs, signal dogs, or service animals assisting guests with disabilities are permitted on the festival grounds. Make sure they are easily recognizable. Guide dogs do need their own access pass. Please email email@example.com to make arrangements for them.
You should note that the Venue grounds may be in whole or in part slippery.
You consent to medical care and transportation in order to obtain treatment in the event of injury as organizer, security, police or medical professionals may deem appropriate. You understand and agree that this waiver and the release and limitation of liability provisions contained herein extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
You unconditionally agree that the terms and conditions contained herein and/or referenced herein represent the entire agreement between You and the issuer of the Ticket with respect to its subject matter, and shall supersede and replace all prior and contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms including, but not limited to, the text contained on the back of the actual Ticket and/or any contrary understanding or agreements between You and EZ Festivals.
You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof. If any provision is found to be invalid or unenforceable that provision shall be enforced to the maximum extent possible, and the other provision contained herein will remain in full fare and effect. EZ Festivals' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
These terms shall be governed by and construed under the laws of the State of New York. Any controversy or claim arising out of or relating to these terms shall be brought only in the courts located in New York County unless otherwise specified herein. The parties hereto specifically consent to personal jurisdiction of said courts. You hereby agree to waive Your right to a jury trial.