Legends Only Tailgate Terms & Conditions
LEGENDS ONLY TAILGATE LLC (herein as “LOT”) tickets are revocable licenses that grant entry into an LOT Event for the specified date and location. The person seeking entry pursuant to such license (herein in “Holder”) agrees that such license is subject to these terms and conditions (“Terms”), and by acceptance and/or use of such license for the Event, the Holder is deemed to have read the Terms and agreed to be bound by them. Failure to comply with any of these Terms shall result in forfeiture of such license and all rights arising under it without refund and entitle LOT to pursue all legal remedies available.
ALL TICKET SALES ARE FINAL. Tickets are transferrable (Bearer) but non-refundable. The SOLE AND EXCLUSIVE REMEDY if the Event is cancelled for any reason, is a refund up to the Face Value of the ticket set by LOT. LOT’s liability for any breach of any term of this ticket shall not exceed the Face Value. All amenities provided by LOT or any and all third-party vendors are subject to being sold out.
HOLDER VOLUNTARILY ASSUMES ANY AND ALL RISKS, HAZARDS AND DANGERS incident to the Event and related events, including the risk of personal injury (including death), whether or not expressly set forth herein, as well as any risks or dangers incidental to or in any way related to the Event, including those arising from, or relating to the acts or omissions of THIRD PARTIES (including Event attendees, Venue owners, operators, staff, employees, or agents, or LOT, its affiliates, subsidiaries, officers, directors, employees or agents) including risk of loss, theft or damage to Holder’s personal property and risks of personal injury. Event Organizer, designees, successors or assigns shall not be held responsible, legally, financially or otherwise.
RELEASE, WAIVER & COVENANT NOT TO SUE. On behalf of Holder , Holder releases and covenants not to sue LOT AND THIRD PARTIES (defined above) with respect to any and all claims that Holder may have or hereafter accrue, against any of the Released Third Parties, that relate to any of the risks, hazards and dangers described above, including without limitation any and all claims that arise out of or relate in any way to: (i) Holder’s exposure to COVID-19; (ii) Holder’s entry into or presence within or around, the Event (including all risks related thereto, and including without limitation in parking areas or entry gates; or (iii) any interaction between Holder and any personnel of any THIRD PARTIES (defined above) present at the Event, in each case whether caused by any action, inaction or negligence of any THIRD PARTIES (defined above).
FORCE MAJEURE, if and to the extent that LOT’s performance of any of its obligations pursuant to the Terms of the license are prevented, hindered or delayed directly or indirectly by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or any other similar cause beyond the reasonable control of LOT, and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then the non-performing, hindered or delayed LOT shall be excused for such non-performance, hinderance, or delay, as applicable, of those obligations affected by the Force Majeure event for as long as the Force Majeure event continues.
DISPUTES. Holder and LOT acknowledge and agree that any disputes arising from or relating to Holder’s purchase of Event Tickets hereunder or any relationship or dispute between Holder and LOT and/or THIRD PARTIES (defined above) shall only be resolved subject FINAL, AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Illinois Uniform Arbitration Act. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and acknowledge and agree that such Dispute(s) 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 INCLUDING CLASS ARBITRATION, IN CONNECTION WITH ANY DISPUTE. The parties shall participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action if applicable.) 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, the Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall be conducted at the AAA office located in Chicago, Illinois. Any proceeding to enforce this arbitration agreement must be brought in the state court of Illinois or, if jurisdiction permits, in the U.S. District Court in the Northern District of Illinois with venue lying in Cook County.
LOT’s OWNERSHIP OF WORK. Holder acknowledges and agrees that upon purchase of Ticket and entry to the Event, LOT shall have the right to use, copy, sell, distribute, record, publish, republish, print, display, transmit, create derivative works or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale, or other distribution of visual, audio or audiovisual productions, including broadcast, rebroadcast, photographs, live stream or other reproduction, articles of merchandise or any other medium, Holder’s name, image, photograph, voice and/or other likeness, without compensation or notification to, or additional consent by Holder. Holder further acknowledges and agrees that LOT or its assign(s) shall be the sole and exclusive owner of any such work in connection with the Venue or Event that contains Holder’s image, voice and/or likeness.
GOVERNING LAW; VENUE. This Agreement and all claims relating or arising out of this Agreement or the breach thereof, shall be governed and construed in accordance with the laws of the state of Illinois, notwithstanding any contrary choice-of-law principles.
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 in the fullest permissible extent, the intent and agreements of the parties set forth herein.