PACKAGE AND TICKET TERMS AND CONDITIONS
1) AGREEMENT
Any purchase or possession of tickets for the Mindi Abair’s Wine And Jazz New Years Eve (the “Event”) constitutes the irrevocable acceptance of, and the agreement to be bound by, all of the terms and conditions contained herein, by you as either the purchaser, custodian or bearer of the Packages and / or Ticket(s) (hereinafter referred to as “You” or “Your”). You further acknowledge and agree that Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained herein from time to time, without advanced, direct or individual notification to you (collectively “Revise or Revision(s)”) and which Revisions shall, at the sole and absolute option of Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC, relate back to the date of purchase. Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC shall have the right to periodically Revise all or some of the terms or conditions specified herein by posting such Revisions on Mindi Abair’s website located at mindiabair.com & wineandjazz.com (the “Sites”). If you do not agree to be bound by these terms and conditions, do not purchase Packages and/or Tickets.
2) REVOCABLE LICENSE
Your Ticket shall at all times be deemed a revocable license issued by Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC as the licensor hereunder or its respective designee(s) (“Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC” and sometimes also referred to as, “we,” “our” or “us”) for the sole purpose of accessing the venue which the Event is scheduled to occur (the “Venue”) and for attending the Event
(the “License”). The License may, at the sole and absolute option of Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC, be revoked at any time by Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC with or without additional notification to You, which includes denying You access to the Venue upon or due to any violation, or suspected violation of any or all of these terms and conditions or for any violation or suspected violation of any applicable laws, policies, rules or regulations, as determined by Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC
3) LOST, STOLEN OR DESTROYED TICKETS
Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC, their processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets. Following the delivery of Your Tickets, You assume 100% risk of loss relating to the Tickets, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets.
4) NO RESALE
Tickets purchased by You are intended for personal use only. If You obtain Your Ticket(s) from any unauthorized source(s), You fully assume all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit and in all cases, such Ticket(s) shall be voidable and dishonored by Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC with or without advanced notification to You. 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 terms and conditions. In such cases, including any profiting by reselling, trading, or brokering Tickets purchased through the Sites, Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC shall have the right to cancel all or part of the applicable ticket order or may, at Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC sole option, elect to put all or part of Your order and all or part of other pending orders in Your name at Will Call. If Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC cancels Your tickets, a refund for the face value of the tickets, minus a $25 per ticket processing fee, will be issued to the purchaser of record and no other service, processing, or shipping fees shall be refunded. Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC reserves the right to cancel Your order(s) without notification for violating or the suspected violation of the terms and conditions of this provision. Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC also reserves the right to investigate all orders suspected to be in violation of this provision and shall be the final arbiter regarding violations or potential violations hereunder.
5) NOT REDEEMABLE FOR CASH
Your Ticket is not redeemable for cash.
6) CHANGES TO LINE-UP, DATE OR VENUE
Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC has the right at any time prior to any Event to change the venue, performer lineup, date(s), time(s) or any or all other components of any Event, at any time, with or without advance notification to You and without payment of any compensation to You. If you do not agree with any of the terms and conditions in this Paragraph, do not purchase Packages and/or Tickets.
7) EVENT CANCELLATION
If Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC cancels an Event, the producers will have the option to either: (i) issue a refund to the Ticket purchasers of record in an amount equivalent to the face value of the Tickets purchased (or a pro-rata portion thereof in the event of a partial cancellation) less taxes and ticketing fees or (ii) reschedule the Event for a future date within the 24-month period immediately following the date of cancellation. In the event of rescheduling, You will not be entitled to any refund. You acknowledge that purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Event cancellations. If you do not agree with any of the terms and conditions in this Paragraph or if you do not agree to assume the risk of cancellation, do not purchase Packages and/or Tickets.
8) REFUNDS DUE TO CANCELLATION
If Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC elects to issue refunds, they will be issued on a pro-rata or “per day” basis for multi-day Events. For purposes of determining any pro-rata refund, Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC will only be required to issue refunds in “whole days” and once the venue gates open, the Event on that particular date will be deemed to have been presented in its entirely and not subject to refund. Delayed venue gate opening and/or inability to access any part of the venue or Event due to federal, state or local laws, rules, regulations or polices, emergency and/or partial or complete venue or stage shutdown or evacuation, or performance delays, will not entitle You to a refund or future credit. You will only be entitled to refunds for those days for which You purchased Tickets and for which venue access was not granted during the course of an entire day. Under no circumstances will You be entitled to a refund of any shipping, handling or other processing fees. You acknowledge that purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Event cancellations. If you do not agree with any of the terms and conditions in this Paragraph or if you do not agree to assume the risk, do not purchase Packages and/or Tickets.
9) FORCE MAJEURE
If an Event is cancelled due to a cause or reason outside Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC’s control, such as act of God, riot, war, communicable disease, insurrection of military power, civil rebellion, production delay, strike, hurricane, tropical storm, earthquake, flood, natural disaster or inclement weather (regardless of severity), Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC will have the right, in its sole discretion to (i) issue You a refund (including a partial refund on terms specified or contemplated in Paragraph 8 above), (b) postpone the Event, or (c) cancel the Event without any liability or obligation to You, including any obligation to issue You a refund or to reschedule the Event. If Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC elects to issue a refund, the Ticket purchaser of record will be refunded in an amount equivalent to the face value of the Ticket(s) purchased. If Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC elects to reschedule a postponed Event for a future date, You may not be entitled to a refund. Under no circumstances will You be entitled to a refund of any shipping, handling or other processing fees. If you do not agree with any of the terms and conditions in this Paragraph or if you do not agree to assume the risk, do not purchase Packages and/or Tickets.
10) POSTPONEMENT OF EVENT
Unless otherwise specified herein, at all times prior to any Event, Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC reserves all rights to cancel or postpone an Event, or to change the venue, the performer lineup, the date(s), time(s) and other Event-related components, without any obligation to give You prior notice or compensation.
11) NOTIFICATION OF EVENT CANCELLATION OR POSTPONEMENT
If an Event is cancelled or postponed, whether in whole or in part, or if the venue is closed, Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC will post a notification on the Sites relating to such cancellation or postponement.
12) RAIN OR SHINE
Each Event is a “rain or shine” event. Unless otherwise specified herein to the contrary, there will be NO refunds or exchanges relative to Ticket purchases if rain occurs on the date(s) of any Event(s). If you do not agree with the terms and conditions in this Paragraph, do not purchase Tickets.
13) “WILL CALL” TICKETING AND ACCEPTANCE
Will Call Tickets are Virtual Tickets. You accept delivery of Your Will Call Ticket immediately upon Your purchase of the Will Call Ticket.
14) TICKET CONFIRMATIONS; PROOF OF DELIVERY
Your Ticket order confirmation shall serve as conclusive and indisputable proof of Delivery of Your Ticket. You agree to notify Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC prior to the start time of the Event if you have not received Your Ticket.
15) ASSUMPTION OF RISKS
You assume any and all risks, whether expressly set forth herein, as well as, any other risks and dangers incidental or in any way relating to your presence during the Event, including any risks that occur prior, during or after the Event 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, Event attendees, the Venue owners or operators and its staff, employees and agents; or the Event organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
16) LOST OR STOLEN PROPERTY
Event organizers and their respective Indemnities (defined in paragraph 18 below) 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 or during the Event, regardless of fault. You assume all risks of loss associated with the loss or damage to Your personal property. If you do not agree with any of the terms and conditions in this Paragraph or if you do not agree to assume the risk, do not purchase Packages and/or Tickets.
17) EVENT HAZARDS
You assume all risks of personal injuries relating to Your attendance of the Event including, but not limited to hearing loss, seizures and other health conditions incidental, relating to or arising from extremely loud music and sounds; strobe, hydro, pyrotechnic, animatronic lighting and other special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks during the Event and whether such injuries occur subsequent to the Event.
18) LOUD MUSIC AND SPECIAL EFFECTS WARNING
All or designated areas of the Venue during the Event 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 condition that could be aggravated by these special effects should consider this warning before attending the Event, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions. If you do not agree with any of the terms and conditions in this Paragraph or if you do not agree to assume the risk, do not purchase Packages and/or Tickets.
19) INDEMNIFICATION
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC and all their respective subsidiaries, affiliates, officers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnities”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Event, to the maximum extent permitted by applicable law. If you do not agree with any of the terms and conditions in this Paragraph, do not purchase Packages and/or Tickets.
20) RIGHT TO RECORD AND USE YOUR IMAGE
You acknowledge that the concerts, Event and other events (collectively, “Events”) presented or promoted by Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC (“Company”) that you attend may be broadcast, exhibited, streamed or otherwise recorded, marketed, publicized and promoted. You agree that Company will have the right and permission to film, photograph and record you at and in connection with the Events you attend, and to use your likeness, voice and image, in whole or in part, worldwide in perpetuity, for commercial or non-commercial purposes, in advertising, publicity or trade, and for any other lawful purpose, in any media, whether now known or later developed. Company will also have the right, but not the obligation, to use your image, voice, photograph or other likeness in connection with the sale or other distribution of literary, musical or artistic productions, or other articles of merchandise, without payment or additional consent in connection with any such sale or distribution thereof.
21) NO ILLICIT DRUGS; NO WEAPONS
Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC and the Venue maintains a zero tolerance policy regarding the illegal or illicit drug use at the Venue or otherwise during the Event. You knowingly, intelligently and voluntarily consent to be searched by Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your presence at the Event or Venue and agree that the discovery of any prohibited items shall constitute a violation of Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC’s anti-drug policies and shall correspondingly give Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC the right to immediately revoke Your License to access the Venue, to attend the Event and to deny You any future admission to the Event or Venue without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnities for any losses, whether personal injury 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. If you do not agree with any of the terms and conditions in this Paragraph, do not purchase Packages and/or Tickets.
22) PROHIBITED ITEMS AND ACTIVITIES
The following items and activities are strictly prohibited at the Event: the use of cameras, video or audio recording equipment; outside food or beverages; unauthorized vendors or performers; handing out fliers or leaflets; pets; oversized bags (permitted bags will be subject to search); skate boards, roller skates, bikes or the like; wagons; fireworks; radios or other music players; placards or signs; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of the Event by others or poses a threat to public safety, as determined in the sole discretion of Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC Inc. reserves the right to terminate Your License to the Venue at anytime if You engage in any prohibited activities.
23) ASSIGNMENT
Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC 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.
24) INTEGRATION CLAUSE
You agree that the terms and conditions contained herein, and as amended from time to time by Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC, represent the entire agreement between You and the Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC with respect to its subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.
25) ARBITRATION OF DISPUTES
Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Sites or its services or any relationship or dispute between You and Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC or You and any company or person employed by or which is affiliated with either Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of California law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be 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, to be held in San Francisco, California. Any proceeding to enforce this arbitration agreement must be brought in the state or federal courts located in the City and County of San Francisco, California, to the exclusion of all other forums. This Agreement shall be governed and construed in accordance with the laws of the State of California, notwithstanding any contrary choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise.
26) CHARGEBACK DISPUTES
In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to Ticket purchases” as set forth in Paragraph 11, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
27) FOREIGN CURRENCY REFUNDS
Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC shall not be responsible for any exchange rate losses incurred during the order or refund process. Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC shall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended.
28) MISCELLANEOUS
By making a purchase of Ticket(s), You acknowledge and agree that You are at least 13 years of age. You cannot share or duplicate tickets. Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of Mindi Abair, Not More Saxophone Music Inc & Reserve Tastings Wine Company LLC.