ALL DAY RUNNING CO
RUNNINGMAN FESTIVAL EVENT
TICKET TERMS AND CONDITIONS
These Runningman Festival Event Ticket Terms and Conditions (“Terms” or “Agreement”) apply to the Runningman Festival Event (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.
UNAUTHORIZED TRANSFERS PROHIBITED
All publicly sold Tickets are for use by the original authorized purchaser and their invited guests only, provided 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 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, selfie sticks, 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); 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.
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
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, aluminum bottles, knives, explosives, sling shots, weapons of any other kind, Frisbees, flags, skateboards, roller skates, 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, 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; All Day Running Co, 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 the American Arbitration Association (“AAA”) pursuant to the applicable commercial arbitration rules of the AAA in effect at the time the arbitration is initiated. Ticket Holder may obtain information about arbitration, arbitration procedures, and fees from the AAA by calling 800-778-7879 or visiting www.adr.org. If the AAA 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 email@example.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 Festival 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.
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.
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.