LEGAL DISCLAIMER: Funny Bone Photo Policy By attending Funny Bone, you consent to being filmed and or photographed, whereas your image, voice, and likeness may be used for promotional purposes. Any photography taken at the Funny Bone, whether in digital or analog format, is subject to mandatory, non-exclusive license to the Funny Bone for use inpromotional purposes. Any artwork or performances sponsored by the Funny Bone or taking place at the Funny Bone is also subject to a mandatory, non-exclusive license to the Funny Bone for use in promotional purposes. No videotaping is allowed.
TICKET PURCHASE AND EVENT TERMS AND CONDITIONS:
Risk Statement
There are risks involved in any Event. By going to the Event, you assume all risks incidental to the Event and the Funny Bone and their respective affiliates from all claims related to or arising out of the Event or your presence at the Event.
The ticket you hold is subject to all applicable policies of the Management of the Event. The ticket is a revocable license to enter the Event at the date and time listed on the front. What that means is that Management reserves the right, without paying a refund, to refuse entry or eject you if you are not complying with all Management policies applicable to the Event.
The Event date and time is subject to change. Performing artists and times are subject to change. Resale and/or transfer of the ticket may be prohibited by Management’s policies, and if so, any such resale and/or transfer is void to the maximum extent allowed by applicable laws. Any such unauthorized resale and/or transfer may result in refusal of entry without refund. Tickets not obtained directly from Funny Bone may be lost, stolen, counterfeit or invalid, in which case they will not be honored. This is further outlined in the following disclaimer.
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 Funny Bone 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 Site, Funny Bone shall have the right to cancel all or part of the applicable ticket order or may, at Funny Bone’s 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 the Funny Bone 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, delivery, or processing fees shall be refunded. Funny Bone reserves the right to cancel Your order(s) without notification for violating or the suspected violation of the terms and conditions of this provision. Funny Bone 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.
ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES: This Event is a “Rain or Shine” Event. Unless otherwise specified herein to the contrary, there shall be NO refunds or exchanges relative to Ticket purchases. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, do not purchase Tickets.
AGREEMENT: Any purchase or possession of tickets (including wristbands, the “Ticket(s)”) for the Funny Bone 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 Ticket(s) (hereinafter referred to as “You” or “Your”). You further acknowledge and agree that Funny Bone, and it’s authorized contractors 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, relate back to the date of purchase. Funny Bone shall have the right to periodically Revise all or some of the terms or conditions specified herein by posting such Revisions on the website located at https://funnybone.com/ (the “Site”). If you do not agree to be bound by these terms and conditions, do not purchase Tickets.
REVOCABLE LICENSE: Your Ticket shall at all times be deemed a revocable license issued by Funny Bone, as the licensor hereunder or its respective designee(s) (“Funny Bone” 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 Funny Bone, be revoked at any time by Funny Bone 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 Funny Bone or it’scontractors.
CHANGES TO LINE-UP, DATE OR VENUE: Funny Bone, shall at any time prior to the Event, have the right to change the Artist Lineup, Engagement Times, Event Dates or any or all other components of the Event, at any time, with or without advance notification to You and without any compensation to You. If you do not agree with ANY OF the terms and conditions set forth in this Paragraph OR AGREEMENT, do not purchase Tickets.
EVENT CANCELLATION BY FUNNY BONE: Upon the occurrence of an Event cancellation by the Funny Bone, Funny Bone shall have the option to either: (a) elect to issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only (or a pro-rata portion thereof, in the Event of a partial cancellation) or (b) reschedule the Event for a future date within the 12-month period immediately following the Event cancellation by the Funny Bone. In cases of the rescheduling the cancelled Event for a future date, You shall not be entitled to refund. 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 AS set forth in this Paragraph OR AGREEMENT, or if you do not agree with, or agree to assume the allocation of risk TO YOU AS SET FORTH HEREUNDER, do not purchase Tickets.
REFUNDS DUE TO CANCELLATION BY FUNNY BONE: In the Event of Funny Bone’s election to issue refunds under subparagraph (a) of this Paragraph 9 hereunder the following shall apply: Funny Bone shall issue refunds, on a pro-rata or “per day” basis for Event, as applicable. For purposes of determining any pro-rata refunds due, Funny Bone shall only be required to issue refunds in “whole days” and once Venue gates open, the Event on that particular date shall be deemed to have been delivered in its entirely and not subject to refund. You shall only be entitled to refunds for those days for which You purchased Tickets and for which Venue access was never granted during the course of an entire day. Delayed door openings shall not be subject to refunds. Under no circumstances shall You be entitled to a refund of any service/delivery fees or other processing fees. 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 these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets.
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 12, 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 Funny Bone shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
FORCE MAJEURE EVENTS:Upon the occurrence of a Event Cancellation due to reasons other than by as specified in Paragraph 8 above (“Event Cancellation By Funny Bone”), including but not limited to, events outside Funny Bone’s control, acts of God, pandemics (i.e. COVID-19) riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), Funny Bone shall, at its sole and absolute option (a) have the right, but not the obligation, to issue You a refund (including partial refunds on terms specified or contemplated in Paragraph 8 above) or shall at its option, (b) elect to postpone the Event or (c) cancel the Event without further legal or financial obligation or liability to you, including the obligation to issue You a refund or to reschedule the Event. 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 these terms and conditions set forth in this Paragraph or as otherwise set for in the agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets. If Funny Bone elects to issue a refund, the Ticket purchaser of record shall be refunded in an amount equivalent to the face value of Ticket(s) only. If Funny Bone elects to reschedule the Event for a future date, You may not be entitled to a refund. Under no circumstances shall You be entitled to a refund of any service/delivery fee or other processing fees.
POSTPONEMENT OF EVENT: Unless otherwise specified herein, at all times prior to the Event, Funny Bone reserves all rights to cancel or postpone the Event or to change the artist lineup, time, the date of the Event or other Event-related components without any obligation by Funny Bone to give You additional or prior notice or compensation
NOTIFICATION OF EVENT CANCELLATION OR POSTPONEMENT: If Event is cancelled or postponed, whether in whole or in part, or if the Venue is closed, Funny Bone shall post a notification to the contact information given at checkout relating to such cancellation or postponement.
“WILL CALL” TICKETING AND ACCEPTANCE: You accept delivery of Your Will Call Ticket immediately upon Your purchase of the Will Call Ticket.
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 Funny Bone prior to the start time of the Event if you have not received Your Ticket.
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 Funny Bone the Event organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
Lost or Stolen Property: 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 or during the Event, regardless of fault. You assume all risks of loss associated with the loss or damage to Your personal property.
Event Hazards: 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 Funny Bone the Event organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
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 and laser projections. 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.
INDEMNIFICATION: In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Funny Bone, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Funny Bone, Venue owners, and all their respective subsidiaries, affiliates, officers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnitees”) 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.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE:In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Funny Bone, Funny Bone and its contractors, shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. Funny Bone shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that Funny Bone shall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Funny Bone, Funny Bone shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Event, and whether in or out of context.
NO ILLICIT DRUGS; NO WEAPONS: Funny Bone 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 Funny Bone 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 Funny Bone’s anti-drug policies and shall correspondingly give Funny Bonethe right to immediately revoke Your License to access the Venue, to attend the Eventand 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 Funny Bone, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees 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.
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 Funny Bone by others or poses a threat to public safety, as determined in the sole discretion of Funny Bone. Funny Bone reserves the right to terminate Your License to the Venue at anytime if You engage in any prohibited activities.
ASSIGNMENT: Funny Bone 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.
INTEGRATION CLAUSE: You agree that the terms and conditions contained herein, and as amended from time to time by Funny Bone, represent the entire agreement between You and the Funny Bone 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.
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 Site or its services or any relationship or dispute between You and Funny Bone or You and any company or person employed by or which is affiliated with either Funny Bone, 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 the state 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.
FOREIGN CURRENCY REFUNDS:Funny Bone shall not be responsible for any exchange rate losses incurred during the order or refund process. Funny Bone shall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended.
MISCELLANEOUS: By making a purchase of Ticket(s), You acknowledge and agree that You are at least 21years 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 Funny Bone.
REVISION DATE: This agreement was last revised on April 1, 2021.
LEGAL DISCLAIMER: Improv Photo Policy By attending Improv, you consent to being filmed and or photographed, whereas your image, voice, and likeness may be used for promotional purposes. Any photography taken at the Improv, whether in digital or analog format, is subject to mandatory, non-exclusive license to the Improv for use in promotional purposes. Any artwork or performances sponsored by the Improvor taking place at the Improvis also subject to a mandatory, non-exclusive license to the Improv for use in promotional purposes. No videotaping is allowed.
TICKET PURCHASE AND EVENT TERMS AND CONDITIONS:
Risk Statement
There are risks involved in any Event. By going to the Event, you assume all risks incidental to the Event and the Improvand their respective affiliates from all claims related to or arising out of the Event or your presence at the Event.
The ticket you hold is subject to all applicable policies of the Management of the Event. The ticket is a revocable license to enter the Event at the date and time listed on the front. What that means is that Management reserves the right, without paying a refund, to refuse entry or eject you if you are not complying with all Management policies applicable to the Event.
The Event date and time is subject to change. Performing artists and times are subject to change. Resale and/or transfer of the ticket may be prohibited by Management’s policies, and if so, any such resale and/or transfer is void to the maximum extent allowed by applicable laws. Any such unauthorized resale and/or transfer may result in refusal of entry without refund. Tickets not obtained directly from Improv may be lost, stolen, counterfeit or invalid, in which case they will not be honored. This is further outlined in the following disclaimer.
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 Improv 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 Site, Improv shall have the right to cancel all or part of the applicable ticket order or may, at Improv’s 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 the Improv 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, delivery, or processing fee shall be refunded. Improv reserves the right to cancel Your order(s) without notification for violating or the suspected violation of the terms and conditions of this provision. Improv 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.
ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES: This Event is a “Rain or Shine” Event. Unless otherwise specified herein to the contrary, there shall be NO refunds or exchanges relative to Ticket purchases. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, do not purchase Tickets.
AGREEMENT: Any purchase or possession of tickets (including wristbands, the “Ticket(s)”) for the Improv 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 Ticket(s) (hereinafter referred to as “You” or “Your”). You further acknowledge and agree that Improv, and it’s authorized contractors 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, relate back to the date of purchase. Improv shall have the right to periodically Revise all or some of the terms or conditions specified herein by posting such Revisions on thelocations website (the “Site”). If you do not agree to be bound by these terms and conditions, do not purchase Tickets.
REVOCABLE LICENSE: Your Ticket shall at all times be deemed a revocable license issued by Improv, as the licensor hereunder or its respective designee(s) (“Improv” 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 Improv, be revoked at any time by Improv 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 Improv or it’s contractors.
CHANGES TO LINE-UP, DATE OR VENUE: Improv, shall at any time prior to the Event, have the right to change the Artist Lineup, Engagement Times, Event Dates or any or all other components of the Event, at any time, with or without advance notification to You and without any compensation to You. If you do not agree with ANY OF the terms and conditions set forth in this Paragraph OR AGREEMENT, do not purchase Tickets.
EVENT CANCELLATION BY IMPROV: Upon the occurrence of an Event cancellation by the Improv, Improv shall have the option to either: (a) elect to issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only (or a pro-rata portion thereof, in the Event of a partial cancellation) or (b) reschedule the Event for a future date within the 12-month period immediately following the Event cancellation by theImprov. In cases of the rescheduling the cancelled Event for a future date, You shall not be entitled to refund. 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 AS set forth in this Paragraph OR AGREEMENT, or if you do not agree with, or agree to assume the allocation of risk TO YOU AS SET FORTH HEREUNDER, do not purchase Tickets.
REFUNDS DUE TO CANCELLATION BY IMPROV: In the Event of Improv’s election to issue refunds under subparagraph (a) of this Paragraph 9 hereunder the following shall apply: Improv shall issue refunds, on a pro-rata or “per day” basis for Event, as applicable. For purposes of determining any pro-rata refunds due, Improv shall only be required to issue refunds in “whole days” and once Venue gates open, the Event on that particular date shall be deemed to have been delivered in its entirely and not subject to refund. You shall only be entitled to refunds for those days for which You purchased Tickets and for which Venue access was never granted during the course of an entire day. Delayed door openings shall not be subject to refunds. Under no circumstances shall You be entitled to a refund of any service/delivery fees or other processing fees. 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 these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets.
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 12, 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 Improv shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
FORCE MAJEURE EVENTS:Upon the occurrence of aEvent Cancellation due to reasons other than by as specified in Paragraph 8 above (“Event Cancellation By Improv”), including but not limited to, events outside Improv’s control, acts of God, pandemics (i.e. COVID-19) riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), Improv shall, at its sole and absolute option (a) have the right, but not the obligation, to issue You a refund (including partial refunds on terms specified or contemplated in Paragraph 8 above) or shall at its option, (b) elect to postpone the Event or (c) cancel the Event without further legal or financial obligation or liability to you, including the obligation to issue You a refund or to reschedule the Event. 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 these terms and conditions set forth in this Paragraph or as otherwise set for in the agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets. If Improv elects to issue a refund, the Ticket purchaser of record shall be refunded in an amount equivalent to the face value of Ticket(s) only. If Improv elects to reschedule the Event for a future date, You may not be entitled to a refund. Under no circumstances shall You be entitled to a refund of any service/delivery fee or other processing fees.
POSTPONEMENT OF EVENT: Unless otherwise specified herein, at all times prior to the Event, Improv reserves all rights to cancel or postpone the Event or to change the artist lineup, time, the date of the Event or other Event-related components without any obligation byImprov to give You additional or prior notice or compensation.
NOTIFICATION OF EVENT CANCELLATION OR POSTPONEMENT: If Event is cancelled or postponed, whether in whole or in part, or if the Venue is closed, Improv shall post a notification to the contact information given at checkout relating to such cancellation or postponement.
“WILL CALL” TICKETING AND ACCEPTANCE: You accept delivery of Your Will Call Ticket immediately upon Your purchase of the Will Call Ticket.
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 Improv prior to the start time of the Event if you have not received Your Ticket.
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; orImprovthe Event organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees).
Lost or Stolen Property: Event organizers and their respective Indemnitees shall not be held responsible, financiallyor 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.
Event Hazards: You assume all risks of personal injuries relating to Your attendance of the Event including, but not limited to projectiles, 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 or laser projections during the Event and whether such injuries occur subsequent to the Event.
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 and laser projections. 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.
INDEMNIFICATION: In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Improv, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Improv, Venue owners, and all their respective subsidiaries, affiliates, officers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnitees”) 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.
RIGHT TO RECORD AND EXPLOIT YOUR IMAGE: In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and Improv, Improvand its contractors, shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. Improvshall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that Improvshall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and Improv, Improv shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Event, and whether in or out of context.
NO ILLICIT DRUGS; NO WEAPONS: Improv 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 Improv 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 Improv’s anti-drug policies and shall correspondingly give Improv 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 Improv, You correspondingly agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Indemnitees 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.
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 Improv by others or poses a threat to public safety, as determined in the sole discretion of Improv. Improvreserves the right to terminate Your License to the Venue at anytime if You engage in any prohibited activities.
ASSIGNMENT: Improv 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.
INTEGRATION CLAUSE: You agree that the terms and conditions contained herein, and as amended from time to time by Improv, represent the entire agreement between You and the Improvwith 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.
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 Site or its services or any relationship or dispute between You andImprovor You and any company or person employed by or which is affiliated with either Improv, 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 the state 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.
FOREIGN CURRENCY REFUNDS:Improv shall not be responsible for any exchange rate losses incurred during the order or refund process. Improvshall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended.
MISCELLANEOUS: By making a purchase of Ticket(s), You acknowledge and agree that You are at least 21 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 Improv.
REVISION DATE: This agreement was last revised on April 1, 2021.