Please read these terms of attendance very carefully before purchasing a ticket or attending an event produced by the Austin Record Convention, LLC (“Event”). These terms of attendance (“Agreement”) govern your access to the Event. This Agreement between you (hereinafter sometimes “you” or “Attendee” or “Holder”) and Austin Record Convention, LLC (“Austin Record Convention”) is subject to change by us as described below. By clicking the “I Agree” button below, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Austin Record Convention.
All sales made through the Austin Record Convention website or through a third-party ticketing provider, such as Ticketleap, are subject to the terms of this Agreement.
Tickets sold grant to the Holder only a revocable license to the bearer that may be revoked at any time for any reason. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. Holder assumes all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction. The terms of sale of each ticket issued pursuant to a transaction are subject to any and all terms imposed by the Austin Record Convention website or the terms of a third-party ticketing provider. In order to be admitted to an event, each Holder must present the original ticket in its original, undamaged, unaltered form, or other acceptable electronic form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by Austin Record Convention.
THE HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED OR WHICH YOU ATTENDED, INCLUDING, WITHOUT LIMITATION, THE RISK OF CONTRACTING AN INFECTIOUS DISEASE, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT. THE HOLDER EXPRESSLY RELEASES AUSTIN RECORD CONVENTION, THE EVENT FACILITY, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS (THE “EVENT RELEASEES”), FROM ANY AND ALL CLAIMS THAT THE HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT OR THE HOLDER‘S ATTENDANCE AT THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF AUSTIN RECORD CONVENTION OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS.
WITHOUT LIMITING THE GENERALITY OF THE FORGOING, THE HOLDER SPECIFICALLY ACKNOWLEDGES THE CONTAGIOUS NATURE OF COVID-19, THAT NEITHER AUSTIN RECORD CONVENTION NOR ANY OTHER EVENT RELEASEE, CAN PREVENT THE HOLDER FROM BEING EXPOSED TO, CONTRACTING, OR SPREADING COVID-19 WHILE ATTENDING THE EVENT. THE HOLDER HEREBY SPECIFICALLY ACCEPTS THE RISK OF CONTRACTING COVID-19 FOR HIMSELF OR HERSELF AND/OR HIS OR HER FAMILY BY ATTENDING THE EVENT.
THE HOLDER HEREBY EXPRESSLY FOREVER RELEASES AND WAIVE HOLDER‘S RIGHT TO BRING SUIT AGAINST THE EVENT RELEASEES IN CONNECTION WITH EXPOSURE, INFECTION, AND/OR SPREAD OF COVID-19 RELATED TO HOLDER‘S ATTENDANCE AT THE EVENT.
THE HOLDER UNDERSTANDS THAT THE WAIVERS CONTAINED IN THIS SECTION MEANS THE HOLDER GIVES UP THE HOLDER‘S RIGHT TO BRING ANY CLAIMS INCLUDING FOR PERSONAL INJURIES, DEATH, DISEASE OR PROPERTY LOSSES, OR ANY OTHER LOSS, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE AND GIVE UP ANY CLAIM THE HOLDER MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN.
EVENT DATE AND TIME IS SUBJECT TO CHANGE. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH THIS TICKET IS ISSUED IS RESCHEDULED OR CANCELLED, THE HOLDER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, THE HOLDER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THIS TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THIS TICKET FOR ANOTHER TICKET, COMPARABLE IN PRICE AND SEATING LOCATION, TO ANOTHER EVENT THAT IS DESIGNATED BY AUSTIN RECORD CONVENTION AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT.
Tickets are not subject to any refunds, bear no cash value, and are not redeemable for cash. Artist and set times are subject to change without notice. Tickets are not subject to exchange except as expressly provided herein. If issued as a complimentary ticket, a ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat for which they are issued. It is unlawful to reproduce a ticket in any form. Austin Record Convention reserves all rights not expressly granted to the Holder by these terms.
Austin Record Convention reserves the right to refuse admission to or eject any person whose conduct or hygiene is deemed by Austin Record Convention, at Austin Record Convention’s sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Austin Record Convention or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate any license and all rights of the Holder. The exercise of Austin Record Convention’s ejection rights hereunder does not entitle the Holder to a refund of the ticket price or any part thereof. A ticket is a revocable license and admission may be refused at Austin Record Convention’s discretion. Unlawful resale or attempted resale is grounds for seizure and cancellation of the ticket, without compensation, at Austin Record Convention’s discretion.
The Attendee agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the event, performance, exhibition or game for which this ticket is issued, without the appropriate permissions. The Attendee acknowledges that the event may be broadcast or otherwise publicized, and grants permission for Attendee’s image or likeness to be used in any live or recorded transmission or reproduction of such event, performance, exhibition or game in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
The Attendee agrees to comply with all local or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles and containers of any kind from being brought into the event premises.
TICKET PRICE IS NONREFUNDABLE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
The Holder agrees not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling) in any media now or hereafter existing, any description, account, picture, video, audio or other form of reproduction of the event or any surrounding activities (in whole or in part) for the Event, without the express written approval of Austin Record Convention. Tickets may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests or sweepstakes, without the express written consent of Austin Record Convention.
Breach of any of the terms of this Agreement or the failure to comply with venue rules shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize Austin Record Convention to withdraw the ticket, refuse admission to the Event, or eject the Holder from the Event. Breach of any of the terms of this Agreement shall also subject the Holder to all legal remedies available to Austin Record Convention. Sale or attempted sale of a ticket is grounds for seizure or cancellation without refund or other compensation.
The Attendee and the Attendee’s belongings may be searched upon entry into the Event, and the Attendee consents to such searches and waives any related claims that might arise against Austin Record Convention. If the Attendee elects not to consent to these searches, the Attendee will be denied entry into the Event.
THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. NOTWITHSTANDING THE FOREGOING, THE ARBITRATION AGREEMENT CONTAINED HEREIN SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT.
THE EVENT AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. AUSTIN RECORD CONVENTION SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. AUSTIN RECORD CONVENTION MAKES NO GUARANTEES AS TO THE EVENT OR SERVICES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, AUSTIN RECORD CONVENTION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE EVENT OR THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AUSTIN RECORD CONVENTION IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AUSTIN RECORD CONVENTION OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF AUSTIN RECORD CONVENTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. AUSTIN RECORD CONVENTION’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF AUSTIN RECORD CONVENTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Austin Record Convention. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.
All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Austin Record Convention that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Austin, Texas, U.S.A. You and Austin Record Convention consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
By clicking “I AGREE” or signaling assent through another manner such as purchasing a ticket, you consent to receive disclosures from Austin Record Convention electronically under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets, the event and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
By clicking “I AGREE” or signaling assent through another manner such as purchasing a ticket or attending the Event, you agree to these terms and conditions and you agree to the Arbitration Agreement, and the Consent to Electronic Contracting and Communications. If you do not agree to these terms and conditions, or the Arbitration Agreement, or the Consent to Electronic Contracting and Communications do not continue or click “I AGREE”.