ALL DAY RUNNING CO.

RUNNINGMAN EVENT 2024

TICKET TERMS AND CONDITIONS

EFFECTIVE 5.6.2024

These Runningman Event 2024 Ticket
Terms and Conditions (“Terms” or “Agreement”) apply to the Runningman
Event 2024 (the “Event”) produced by All Day Running Co, LLC (the “Event
Producer
”) and further described on this ticket purchasing website (the “Event
Website
”).

 

All Event tickets, wristbands,
passes, permissions, authorizations and entry methods, whether physical or
digital and whether for a patron or their vehicle (collectively, “Tickets”),
are subject to these Terms. By accepting possession or by using any Ticket or
by entering the Event, you, the Ticket Holder (as defined below) of such
Ticket, agrees to all Terms and is legally bound to comply with these Terms.
The original Authorized Purchaser and any Authorized Recipient (each as defined
below) agrees to inform all of their respective guests, whom shall be
considered Ticket Holders, and such guests shall be deemed to have read and
agreed to these Terms. The Event Producer reserves the right, at its
discretion, to change, modify, add, or remove portions of these Terms at any
time. Please check back periodically for changes.

 

Tickets evidence a revocable
license to enter the Event property. Violation of these Terms of use may result
in revocation of the license without prior notice.

 

UNAUTHORIZED TRANSFERS
PROHIBITED

All publicly sold Tickets are
for use by the original authorized purchaser and their invited guests only who
are in each case at least eighteen (18) years of age or older on the date of Runningman
Event 2024, and in the case of the invited guests, such guests are properly
registered at the Event (each, an “Authorized Purchaser”), and are not
transferable by an Authorized Purchaser or any other person. Likewise, all
Tickets provided to performing artists, production personnel, vendors,
sponsors, and other guests of the Event Producer, provided such guests are at
least eighteen (18) years of age or older on the date of Runningman Event 2024
and are properly registered at the Event (each an “Authorized Recipient”),
are for use by the Authorized Recipient, and are not transferable by the
Authorized Recipient or any other person. Authorized Purchasers and Authorized
Recipients are referred to individually as a “Ticket Holder.” Tickets
obtained from unauthorized sources may be counterfeit and are worthless.

 

Except as provided herein,
Tickets may not be sold, transferred, or used for any form of commercial or
trade purposes, including but not limited to promotions, contests, commercial
or advertising purposes, housing, hotels, vacation rentals, sweepstakes, charitable
giveaways, or other activities without the Event Producer’s prior written
consent. No sponsorship, on site marketing, sampling, vending, coupon/product
distribution, or other promotional activity may be conducted at the Event
(inclusive of parking lots) without the Event Producer’s prior written approval
in each instance. Any Tickets used in violation of this provision shall be
deemed revoked and void, and their bearers shall be deemed trespassers at the
Event.

 

Resale or attempted resale of
Tickets is grounds for termination of the license and cancellation of the
Ticket.

 

OWNERSHIP AND USE OF EVENT’S
INTELLECTUAL PROPERTY

The Event Producer owns the
trademarks, imagery, name, likeness, and trade dress of the Event
(collectively, the “Event Intellectual Property”) and generally does not
permit the use of the Event Intellectual Property by third parties. Ticket
Holder agrees not to make use of the Event Intellectual Property except for
nominative fair use or with prior written permission from the Event Producer.

 

NO LIVE AUDIO, VIDEO STREAMING
OR BROADCASTS

The Event Producer retains all
webcast/Internet rights to the Event. Any live streams or broadcasts, whether
for Internet or otherwise, from the Event must be specifically agreed to in
advance with the Event Producer. No one may transmit, broadcast, or communicate
any live audio or audiovisual images from the Event site without the Event Producer’s
prior written permission. As an example, this prohibition includes, but is not
limited to, use of any service which broadcasts to the Internet. Even if Ticket
Holder is a performer or sponsor, the broadcasting, displaying, or
communicating of any live audio or audiovisual images (whether for personal,
commercial, or other use) is expressly prohibited without the prior written
permission of the Event Producer.

 

AUDIO AND/OR VIDEO RECORDINGS
AND RELATED EQUIPMENT

Without the express prior
written permission of the Event Producer, Ticket Holder may not bring any audio
or video recording devices (except for personal cell phones) into the Event.

 

PHOTOGRAPHY AND VIDEO/EQUIPMENT

Ticket Holder may bring
personal, non-commercial, photography devices into the Event and may use these
devices to obtain short-form video and still photographs for personal use only
(collectively “Personal Content”). By way of example, personal,
non-commercial, photography and video devices include, but are not limited to,
cell phones and small digital or film cameras (without a detachable lens).

 

Without the express prior
written permission of the Event Producer, Ticket Holder may not bring any of
the following devices into the Event: any photography device that is designed
for, or suitable for, any commercial purpose, tripods, monopods, boom arms, any
device which could be used to mount or hold a photography device or could be
used to extend Ticket Holder's reach. Event Producer reserves the right, in its
sole discretion, to prohibit any device it believes may be used in violation of
these Terms, or that Event Producer believes poses a safety risk or that may
lessen the enjoyment of the Event by others.

 

COMMERCIAL USE OF ANY PERSONAL
CONTENT

Ticket Holder may not make any
commercial use of any Personal Content without the prior written permission of
the Event Producer. By way of example, commercial use may include, but is not
limited to, posting Personal Content on a website that sells a product, or
displays any ads or sponsored links; using or causing Personal Content to
appear in any publication, magazine, serial, or book; using Personal Content to
sell, sponsor, or endorse a product; or using Personal Content on any website
that is or appears to be affiliated or associated with, or sponsored by the
Event or the Event Producer. Event Producer reserves the right to prohibit any
use of Personal Content that it believes is in violation of the Terms. Event Producer
may, in its sole discretion, determine what constitutes a commercial use not
permitted by the Terms.

 

Ticket Holder may use Personal
Content for Ticket Holder’s own direct, non-commercial, use. Examples of
direct, non-commercial use include, but are not limited to, posting Personal
Content on Ticket Holder’s own personal social media account (e.g., TikTok,
Facebook, Instagram, or Twitter(X)); posting Personal Content to a personal
website or a personal content sharing site (unless the account, personal
website, or personal content sharing site is affiliated or associated with a
commercial use); and sharing Personal Content with Ticket Holder’s personal
friends or family (whether in electronic or physical media). Direct, non-commercial,
use would never involve the posting of Personal Content on any website or
server, or in any other media whether electronic or physical, which sells any
product or service, or features or contains any advertisements or sponsored
links, or which purports or appears in any way, to be an official or affiliated
website of the Event or the Event Producer. Without the express prior written
permission of the Event Producer, Ticket Holder may not sell, transfer,
license, sublicense, give or otherwise transfer any Personal Content or
ownership therein.

 

ASSIGNMENT OF COPYRIGHTS

Unless otherwise expressly
agreed to in writing by the Event Producer, Ticket Holder assigns to Event Producer
the exclusive ownership to Ticket Holder’s Personal Content and to any audio
recordings taken at the Event by Ticket Holder. Such assignment is coupled with
an interest and, as a result, Event Producer may execute any assignment
documents on Ticket Holder’s behalf as necessary to perfect Event Producer’s
ownership in such Personal Content. Ticket Holder hereby appoints Event Producer
as Ticket Holder’s attorney-in-fact to execute any such documents on Ticket
Holder’s behalf in such circumstances. Ticket Holder further acknowledges,
agrees to, and consents to Event Producer registering the copyright with one or
more copyright authorities, including but not limited to the United States
Copyright Office, and listing the Ticket Holder’s contribution as anonymous.

 

Event Producer, as the
copyright owner of such Personal Content, has the right, but not the
obligation, and at its sole discretion, to enforce its copyright rights in any
Personal Content or audio or video recordings taken at the Event not permitted
by the Terms.

 

Event Producer assigns to Ticket
Holder the non-exclusive right to use Ticket Holder’s Personal Content for Ticket
Holder’s own direct, non-commercial, use as permitted in the Terms. All other
rights not assigned by Event Producer to Ticket Holder hereunder are retained
by Event Producer. Any violation of the Terms shall be grounds for Event Producer
to cancel such assignment to Ticket Holder.

 

MEDICAL CONSENT

Ticket Holder consents to have
medical treatment that may be deemed advisable in the event of an injury,
accident, or illness during the Event and affirmatively releases the Event Producer
and all persons participating in such medical treatment from all responsibility
for any such actions. Event Producer may request additional medical information
and/or consents from Ticket Holder in order for Ticket Holder to participate in
all activities at the Event, as shall be determined by the Event Producer in
its sole discretion.

 

CONSENT TO
SEARCH/REFUSAL/EJECTION

Ticket Holder and Ticket Holder’s
belonging may be searched upon entry into the Event, and Ticket Holder consents
to such searches and waives any related claims that might arise against the
Event Producer and its agents in connection therewith. If Ticket Holder elects
not to consent to such searches, Ticket Holder may be denied entry into the
Event.

 

ADDITIONAL PROHIBITED ITEMS AND
CONDUCT

In addition to those items
prohibited elsewhere in these Terms, without the express prior written
permission of the Event Producer, Ticket Holder may not bring any of the
following items into the Event (or cause any of items to enter the Event):
glass bottles, knives, explosives, sling shots, weapons of any other kind,
skateboards, hover boards, laser pointers, drones of any kind, remote
controlled devices or remote controlled toys, large backpacks, alcohol, drugs,
vapes, and other items as designated by Event Producer from time-to-time. Event
Producer reserves the right to refuse admission to or eject any person, at
Event Producer’s sole discretion, whose conduct is disorderly, disruptive, or
who fails to follow the Event’s rules or directions, including without
limitation, the throwing of any objects at any participants during group
activities or any performers on or off-stage at the Event, or whose language is
determined by the Event Producer to be vulgar or abusive.

 

WAIVER, RELEASE OF LIABILITY,
AND PUBLICITY RELEASE

Ticket Holder acknowledges and
agrees that Ticket Holder has read and consented to the Waiver, Release of
Liability, and Publicity Release (the “Release”) for the Event in
connection with its purchase of Tickets or Ticket Holder’s subsequent
acquisition of Tickets in connection with the Event and in compliance with the
Terms. Notwithstanding such consent, Ticket Holder agrees and acknowledges the
following. To the extent of any conflict between the Terms and the Release, the
Release shall control.

 

Ticket Holder understands and
agrees that there are certain risks of personal or property injury, illness
and/or death associated with attending the Event, including, without
limitation, risks related to the novel coronavirus SARS-CoV-2 and any resulting
disease (together with any mutation, adaptation or variation thereof, “COVID-19”).
Ticket Holder understands and agrees (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 may
involve coming into close contact with other people, (d) that there is no
guarantee, express or implied, that Ticket Holder 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, Ticket
Holder voluntarily assumes 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, including exposure to COVID-19. By accepting possession or by
using any Ticket, Ticket Holder expressly assumes all risks and dangers arising
from or incidental to the Event, whether such risks occur before, during, or
after the Event and agrees that the Releasees (defined below) are not
responsible for any such risks and dangers.

 

Ticket Holder, on behalf of
itself and Ticket Holder’s spouse, heirs, executors, administrators, assigns,
successors, and personal representatives, forever releases, waives, discharges
and agrees not to sue the following: the Event Producer, any Event promoters, any
Event performers, artists, sponsors, influencers, or other service providers,
including their managers, agents, furnishing companies and representatives, the
Event ticketing agency and/or ticketing services provider, The 100 Mile Group,
LLC, Live Boundless LLC, Jesse Itzler, 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 and against 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 Ticket Holder may sustain while at the Event,
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”).

 

Ticket Holder further agrees. on
behalf of itself and Ticket Holder’s spouse, heirs, executors, administrators,
assigns, successors, and personal representatives, to indemnify, defend, and
hold harmless Releasees from any and all claims, demands, liabilities and/or
damages arising from all Claims and Ticket Holder’s conduct, acts or omissions
during the Event. In no event shall Releasees be liable for consequential or
indirect damages. To the fullest extent permitted by applicable laws, none of
the Releasees are or will be responsible or liable to Ticket Holder or to any
third party for, and Ticket Holder expressly waives 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
the Terms, a Ticket 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).

 

LIMITATION
OF LIABILITY

The
Event Website is provided on an “AS IS” and “AS AVAILABLE” basis. Use of the
Event Website is also at Ticket Holder’s own risk and Ticket Holder agrees to
indemnify, defend, and hold all Releasees harmless from any liability, loss
claim and expense, including reasonable attorneys’ fees and related costs,
related to (a) Ticket Holder’s violation of these Terms and/or (b) the
accuracy, content, completeness, legality, and reliability of the information
accessible on the Event Website.

THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EVENT WEBSITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE EVENT PRODUCER AND/OR ITS AFFILIATES MAY MAKE
IMPROVEMENTS AND/OR CHANGES TO THE EVENT WEBSITE AT ANY TIME.

THE EVENT PRODUCER AND/OR ITS AFFILIATES
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND
RELATED GRAPHICS CONTAINED ON THE EVENT WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR
CONDITION OF ANY KIND. THE EVENT PRODUCER AND/OR ITS AFFILIATES HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL THE EVENT PRODUCER AND/OR ITS AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS, INJURY, CLAIM, LIABILITY, LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EVENT WEBSITE, DELAY
OR FAILURE IN PERFORMANCE BEYOND EVENT PRODUCER’S CONTROL, WITH THE DELAY OR
INABILITY TO USE THE EVENT WEBSITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE EVENT WEBSITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE EVENT WEBSITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE EVENT PRODUCER OR ANY
OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO TICKET
HOLDER. IF TICKET HOLDER IS DISSATISFIED WITH ANY PORTION OF THE EVENT WEBSITE,
OR WITH ANY OF THESE TERMS, TICKET HOLDER’S SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE EVENT WEBSITE.

THE AGGREGATE LIABILITY OF ANY OF THE
RELEASEES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE EVENT OR
SERVICES SHALL NOT EXCEED $500, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES THAT TICKET HOLDER MAY HAVE AGAINST ANY OF THE RELEASEES.

ANY
CAUSE OF ACTION TICKET HOLDER MAY HAVE WITH RESPECT TO THE EVENT AND ANY SERVICES
MUST BE BROUGHT BY TICKET HOLDER WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ARISES OR BE FOREVER WAIVED AND BARRED.

 

INDIVIDUAL ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER

Unless prohibited by federal
law, Ticket Holder and Releasees (the “Parties” or, individually, a “Party”)
agree to arbitrate any and all Claims (the “Arbitration Agreement”),
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 Party will be able to have a court or jury
trial or participate in a class action or class arbitration. Other rights that
the Parties would have if the Parties went to court will not be available or
will be more limited in arbitration, including the right to appeal. Each Party
understands and agrees that by requiring each other to resolve all disputes
through individual arbitration, THE PARTIES 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 JAMS pursuant to the General Arbitration Rules and Procedures then
in effect at the time the arbitration is initiated. Ticket Holder may obtain
information about arbitration, arbitration procedures, and fees from the JAMS
by calling 800-352-5267 or visiting www.jamsadr.org. If the JAMS is unable or
unwilling to arbitrate a dispute, then the dispute may be referred to any other
arbitration organization or arbitrator the Parties 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 the Parties mutually 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 the Parties 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. The Parties agree that this Arbitration Agreement extends
to any other parties involved in any Claims, including but not limited to
anyone for whom Ticket Holder purchases Tickets and any employees, affiliated
companies, or vendors of any of the Releasees. This Arbitration Agreement shall
take precedence over the rules of the arbitration organization or arbitrator in
the event of any conflict.

 

The Parties 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, any fulfillment or default of each Party’s
respective obligations under this Agreement, and/or a Party’s bankruptcy or
insolvency (to the extent permitted by applicable law).

 

TICKET HOLDER’S RIGHT TO REJECT
THIS ARBITRATION AGREEMENT

If Ticket Holder does not wish
to be bound by this Arbitration Agreement, Ticket Holder must notify the Event
Producer in writing within sixty (60) days after the date Ticket Holder signs
this Agreement. Ticket Holder must send his or her request to info@alldayrunningco.com.
The request must include Ticket Holder’s full name, address, invoice number,
and the statement “I reject the Arbitration Agreement contained in the
Runningman Event Ticket Terms and Conditions.” If Ticket Holder exercises
his/her right to reject the Arbitration Agreement, the other terms of this
Agreement shall remain in full force and effect as if Ticket Holder had not
rejected the Arbitration Agreement.

 

IRREPARABLE INJURY AND CONSENT
TO INJUNCTIVE RELIEF

Any breach of these Terms by
the Ticket Holder will cause irreparable injury to Event Producer and Ticket
Holder consents to injunctive relief to prevent or mitigate any irreparable
injury.

 

GOVERNING LAW

Except as otherwise stated in
the Arbitration Agreement above, any Claim arising from or relating to these
Terms, the Event, or our dealings with one another, whether based in contract,
tort, fraud or otherwise and regardless of the place of Ticket Holder's
residence, is governed by, and construed in accordance with, federal and Georgia
law, without regard to conflict of laws principles. If any provision of these
Terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions.

 

OTHER RIGHTS/RESTRICTIONS

No sponsorship, on site
marketing, sampling, vending, coupon/product distribution, or other
promotional/advertising activity may be conducted at the Event (inclusive of
parking lots), without the Event Producer’s prior written approval in each
instance.

 

The Event Producer reserves
all rights not expressly granted to Ticket Holder. The terms and restrictions
noted on the website of the Event Producer’s designated ticketing company, and such
ticketing company’s Privacy Policy and Terms of Use, available through links on
the Event Website, are also included herein by reference. In the event of any
conflict, the terms on this page shall prevail.

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