License. The purchase of a valid ticket (“Ticket(s)”) by the purchaser under these terms and conditions (the “Purchaser”) and the presentation of a valid ticket by the bearer of the Ticket (“Bearer”) constitutes Purchaser and/or Bearer’s revocable license to enter the Event subject to the terms and conditions set forth herein (the “License”). Flarespace LLC (“Flarespace”) may revoke this License at any time without additional notification or compensation to Purchaser and Bearer, including denying Bearer access to the Event.
Fees. Purchaser acknowledges and agrees that upon the purchase of a Ticket(s), Purchaser shall be obligated to pay the face value of the Ticket(s) in addition to any applicable facility fee, service charges, shipping and handling charges, and taxes which shall be collected by Flarespace to offset the costs and expenses arising from, and/or relating to, the processing of the Ticket order, the Event and/or the Event venue. By proceeding to purchase a ticket pursuant to the foregoing terms and conditions, Purchaser is expressly agreeing to waive any and all potential rights, claims or entitlements Purchaser may have with respect to the above referenced fees. Purchaser further acknowledges and agrees, in conformity therewith that, in no event shall Purchaser commence a chargeback dispute with Purchaser’s credit or debit card relative to the Ticket price, associated fees or services purchased hereunder, or regarding any amounts forfeited hereunder or similar charge reversal. If Purchaser does not agree with these terms and conditions, do not purchase a ticket.
Refund Policy. Bearer’s Ticket is not redeemable for cash. Once the Event venue gates open, the Event, on that particular date, shall be deemed to have been delivered in its entirety and not subject to any refunds. If for any reason Flarespace cancels the Event, Flarespace may, in its sole and absolute discretion, elect to either issue a full or partial refund to Purchaser, not issue any refunds, or reschedule the Event. Upon the cancellation of the entire Event, including, but not limited to events not within Flarespace’s control, governmental acts, acts of God, riots, production delays, strikes, natural disasters, inclement weather (regardless of severity), pandemic, government public health orders or restrictions on the holding of events, or inaccessibility or unavailability of the Event venue, Flarespace may, in its sole and absolute discretion elect to either, (a) issue Purchaser a full or partial refund, (b) postpone the Event for a future date and/or (c) offer Purchaser a comparable “make good.” Delayed venue gate openings and/or Bearer’s inability to access any parts of the venue or Event due to Federal, state, municipal or other code regulations, Flarespace’s policy(ies), emergency and/or partial or complete Event or stage shutdown or evacuation, performance or Event delays and inclement weather shall not entitle Purchaser (or Bearer as holder of the ticket) to refunds or future credits. Under no circumstances shall Purchaser (or Bearer as holder of the ticket) be entitled to any type of refund or exchange due to weather or governmental acts. If Flarespace elects to issue a refund, which is in Flarespace’s sole and absolute discretion, the Purchaser shall be refunded an amount up to the face value of the Ticket(s) only. If Flarespace elects to reschedule the Event for a future date, Purchaser shall not be entitled to a refund. Under no circumstances shall Purchaser be entitled to a refund of any shipping, handling or other processing and service fees. At all times prior to the Event, Flarespace reserves all rights to cancel or postpone the Event or to change the Event venue, appearances lineup, times and dates of the Event, or other Event details without prior notice to Purchaser or Bearer. ALL TICKET SALES ARE FINAL. THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. This Event is “Rain or Shine” and is “Standing Room Only.”
Release and Indemnification
Release. You hereby agree to release Flarespace from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and any third party in connection with the Event or the Event venue. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
Indemnification. You agree to defend, indemnify and hold Flarespace and each of its and their respective officers, directors, agents, independent contractors, vendors, service providers, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of your breach of these Terms (including any terms or agreements or policies incorporated into these Terms).
Disclaimer of Warranties and Assumption of Risks by You
Flarespace expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Flarespace makes no warranty that the Event (or any portion of the Event) will meet your requirements or expectations.
You understand and agree that the Event may carry inherent risk, and by participating in the Event, you choose to assume those risks voluntarily. For example, attending the Event may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in the Event.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OR AS OTHERWISE SET FORTH HEREIN, FLARESPACE AND ANY PERSON OR ENTITY ASSOCIATED WITH FLARESPACE'S PROVISION OF THE EVENT, INCLUDING BUT NOT LIMITED TO AFFILIATES, VENDORS, STRATEGIC PARTNERS, INDEPENDENT CONTRACTORS, AGENTS, SERVICE PROVIDERS, OR EMPLOYEES ("ASSOCIATED PARTIES"), WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, OR INTANGIBLE LOSSES, EVEN IF FLARESPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law. These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. Flarespace is based in Colorado, and any legal action against Flarespace related to the Event must be filed and take place in the City and County of Denver, Colorado. Thus, you agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in the City and County of Denver, Colorado.
Assignment; Entire Agreement. Flarespace shall, at all times, have the right to assign or delegate any or all of its rights, titles, interests or duties hereunder without notification to, or consent by, Bearer and Purchaser. Bearer and Purchaser acknowledge and agree that the terms and conditions set forth herein, including these Terms and Conditions and any prohibited items list, as amended from time to time by Flarespace with or without notification to Bearer and Purchaser, and those additional policies published at the Event venue, represent the entire agreement between Bearer, Purchaser and the Flarespace with respect to the subject matter of this Agreement.
Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the unenforceable provision shall not affect the otherwise valid terms or provisions or the whole of this Agreement. The applicable terms or provisions shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent, the intent and agreements of the parties set forth herein.