PLEASE READ THESE PURCHASE TERMS & CONDITIONS (THE “AGREEMENT”) CAREFULLY, AS THEY AFFECT YOUR FUTURE LEGAL RIGHTS.
AS USED HEREIN, “ELEVATE TICKETS,” “WE,” “OUR” OR “US” SHALL MEAN THE FOLLOWING: ELEVATE TICKETS LLC; THE ENTITIES WHO OWN, PRODUCE AND/OR PROMOTE THE EVENT TO WHICH A TICKET IS BEING PURCHASED (THE “EVENT”); THE VENUE WHERE THE EVENT OCCURS (THE “VENUE”); AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PAST AND PRESENT EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES, SUCCESSORS, TRUSTEES, SUCCESSORS AND ASSIGNS.
BY PURCHASING OR USING A TICKET, WRISTBAND OR OTHER METHOD OF ENTRY TO AN EVENT OR VENUE (COLLECTIVELY, THE “TICKET”), THE TICKETHOLDER (“YOU,” “YOUR,” OR “TICKETHOLDER”) AGREES TO ALL TERMS CONTAINED IN THIS AGREEMENT.
ANY TICKET ISSUED BY US IS A REVOCABLE LICENSE GOVERNED BY THIS AGREEMENT. USE OF TICKETS; NO REFUNDS OR EXCHANGES.
The Ticket is valid only for the Event, date, time and (if applicable) seat location issued. Event date(s)and time(s) are subject to change. If the Event for which your Ticket is issued is rescheduled or cancelled, you shall not be entitled to a refund except as otherwise required by law. Instead, you shall have the following rights, except as otherwise provided by Elevate Tickets: (1) if the Event is rescheduled to a date and time within twelve (12) months of the date and time the Event was originally scheduled, you may use your Ticket to attend the Event at the rescheduled date and time; or (2) if the Event is not rescheduled within twelve (12) months of the date and time the Event was originally scheduled, you may exchange your Ticket for another Ticket, comparable in price and seating location, to a different Event that is designated by Elevate Tickets as the official replacement Event for the cancelled Event.
Tickets are not subject to any refund, bear no cash value, and are not redeemable for cash. Artists and set times are subject to change without notice. Tickets are not subject to exchange except as expressly provided above. If issued as a complimentary Ticket, the Ticket is not exchangeable or redeemable for another Ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the Event and seat (if applicable) for which they are issued. It is unlawful to reproduce a Ticket in any form. Elevate Tickets reserves all rights not expressly granted by these terms.
Unless indicated otherwise, Ticket prices include all applicable taxes and/or cash discounts (if available). Ticket price is nonrefundable except as specifically provided in these terms.
THE TICKET IS A REVOCABLE LICENSE. You agree that you will conduct yourself appropriately at all times while attending the Event and/or in the Venue and follow all terms of the license, Event or Venue policies, rules and directions, and all applicable laws and regulations (collectively, “Event Rules”).
Elevate Tickets, the Event management, Event owner(s), Event producer(s), Event promoter(s), Venue and their respective employees and agents (collectively “Management”) reserves the right to terminate this license, refuse your admission or eject you from the Event and Venue for any reason in its sole discretion, including, without limitation, due to the following:
You may be refused admission upon refunding the face amount of the Ticket, in Management’s sole discretion. Alternatively, if you are denied admission or ejected from the Event or Venue due to your failure to abide by the terms of the Event Rules, you will not be entitled to a refund of the Ticket price or any part thereof. Unlawful resale or attempted resale of a Ticket is grounds for seizure and cancellation of the Ticket, without compensation, in Management’s sole discretion.
YOUR PERSON AND YOUR BELONGINGS MAY BE SEARCHED UPON ENTRY TO THE EVENT AND/OR VENUE. BY PRESENTING YOUR TICKET AND ENTERING THE EVENT AND/OR VENUE, YOU CONSENT TO SUCH SEARCHES AND WAIVE ANY AND ALL RELATED CLAIMS THAT YOU MIGHT HAVE AGAINST THE RELEASEES (DEFINED BELOW). IF YOU ELECT NOT TO CONSENT TO THESE SEARCHES, YOU MAY BE DENIED ENTRY INTO THE EVENT AND/OR VENUE.
ASSUMPTION OF RISK. You understand and agree that there are certain risks of personal or property injury, illness and/or death associated with attending the Event and/or entering the Venue, including, without limitation, risks related to crowds or individual attendees being inadequately monitored, managed, or controlled by event security, and exposure to drugs, alcohol, fighting or other reasonably foreseeable dangerous conditions or activities and risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”). You understand and agree (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 and/or entering the Venue may involve coming into close contact with other people, (d) that there is no guarantee, express or implied, that you will not be exposed to COVID-19 and (e) that exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death.
Despite these risks, you voluntarily assume ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the Event and/or Venue, including exposure to COVID-19. By entering into this Agreement and/or attempting to use the Ticket for the Event or entering the Venue, you expressly assume all risks and dangers arising from or incidental to the Event, whether such risks occur before, during, or after the Event and you agree that the Releasees (defined below) are not responsible for any such risks and dangers.
WAIVER. You forever release, waive, discharge and agree not to sue the following: Elevate Tickets; Anschutz Entertainment Group, Inc.; AEG Presents LLC; the Event owner(s); Event producer(s); Event promoter(s); Event performers, artists 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 those relating to COVID-19 or any other illness or injury that you may sustain while at the Event or in the Venue or relating to this Agreement, regardless of whether caused by the negligence or other fault of the Releasees or any third party (collectively, “Claims” or, as used individually, a “Claim”).
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.”
You further agree to indemnify, defend, and hold harmless Releasees from any and all claims, demands, liabilities and/or damages arising from all Claims and your conduct, acts or omissions during the Event and/or at the Venue.
LIMITATION OF LIABILITY. To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to you or to any third party for, and you expressly waive 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 this Agreement, the Ticket, transactions made through us, 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).
You agree not to transmit or aid in transmitting, by any means, any description, account, picture, or reproduction of the event for which this Ticket is issued. You acknowledge that the Event may be broadcast or otherwise publicized, and grant permission for your image or likeness to be used in any live or recorded transmission or reproduction of such Event, or in materials disseminated by Management, its affiliates, or their respective sponsors for advertising, promotional, trade, and other purposes, without compensation or permission.
You may not use your Ticket to enter the Event, or otherwise use your Ticket for advertising, promotion, or other commercial purposes (including, without limitation, contests, sweepstakes, and giveaways) without the express consent of Elevate Tickets.
Except as otherwise stated in the Arbitration Provision below, any Claim arising from or relating to this Agreement, the Event, or our dealings with one another, whether based in contract, tort, fraud or otherwise and regardless of the place of your residence, is governed by, and construed in accordance with, federal and California law, without regard to conflict of laws principles.
You authorize Management and its affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, email, or any similar methods then in use and automated email systems in order to provide you with information about this Agreement and your Ticket(s), including information about payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement, the Event, or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties.
You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling 877-569-7767 or writing to firstname.lastname@example.org. To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you. To stop emails, you can follow the opt‐out instructions included at the bottom of the Messaging Parties’ emails.
EZ Pay gives the customer the flexibility to pay for their order via the EZ Pay layaway payment plan (“EZ Pay”). If you use EZ Pay, you agree to the EZ Pay Terms as set forth in the plan terms agreed to when purchasing Tickets to the applicable Events.
You authorize us (which includes, for purposes of this Authorization, our agents, service providers, successors, and assigns), to charge your Visa, MasterCard, American Express, or Discover Card (the “Card”) for the initial payment, which is equal to up to one-half (1/2) of the purchase price of the Ticket(s) you elect to purchase, and subsequent installments, each representing up to 1/2 of the purchase price the Ticket(s) (due to rounding, exact payment amounts may vary by up to 2 cents ($0.02) per payment, however, the total due will not exceed the order total). In the event a charge is not successful, you authorize us to reinitiate the charge. You understand that the charge may not immediately post to your Card account. In the event that we make an error in processing a charge, you authorize us to initiate a credit or debit to the Card to correct the error. Each charge to the Card will be processed in United States Dollars and if a charge is converted into another currency its amount may vary based on fluctuations in the applicable conversion rate. We will accept one Card per Authorization with the Card having a valid expiration date for the duration of the Authorization process. You understand that if a charge is denied, you are responsible for making the payment in full within ten (10) days of the rejected charge. If a payment is not made in full within ten (10) days after the initial charge, your order WILL BE CANCELLED, and we will refund all money you have paid less a cancellation charge.
Unless prohibited by federal law, you and we 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 you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree 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. You 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 we 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 we 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 you and us 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. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase Tickets and our 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.
You and we 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 your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to email@example.com. The request must include your full name, address, invoice number, and the statement “I reject the Arbitration Agreement contained in the Purchase Terms for the Event to which tickets were purchased.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
By clicking “I AGREE”, you consent to receive disclosures from us electronically through this website under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your Tickets and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the Tickets and any payment plan but also to any ancillary agreement related to these and to any future Tickets or payment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Before purchasing Tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase Tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to us at firstname.lastname@example.org or call 877-886-3314. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call email us at email@example.com or call 877-569-7767.
By clicking “I AGREE”, you agree to the terms and conditions contained in this Agreement, including those related to the EZ Payment Plan and Authorization (if applicable), as well as the Arbitration Agreement and the Consent to Electronic Contracting and Communications. If you do not wish to purchase Tickets using the EZ Payment Plan, or you do not agree to the Agreement, Arbitration Agreement, the Authorization, or the Consent to Electronic Contracting and Communications, do not click “I AGREE”. As used in the Agreement, the Arbitration Agreement, the Authorization, and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean Elevate Tickets, the entities who own, produce and/or promote the Event and Venue and their respective successors, assigns and agents.