Anne Fan Event Terms & Condiitions

ANNE WILSON EVENT PASS TERMS & CONDITIONS

IMPORTANT: YOUR EVENT PASS IS A REVOCABLE LICENSE; HOLDER MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ACCEPTS RISK OF ILLNESS AND/OR INJURY; AUTHORIZED RE-ENTRY ONLY; HOLDER MUST PRESENT GOVERNMENT ISSUED PHOTO IDENTIFICATON PRIOR TO ADMISSION TO EVENT. 

By using an event pass (“Event Pass”) to the Event (as defined below), Event Pass holder (“Holder”), on their own behalf and on behalf of any other accompanying minor for whom Holder retains a pass to attend the Event with Holder (each of whom Holder represents as being a parent or legal guardian in accepting the applicable Event Pass terms) (collectively, an “Accompanying Minor”), agrees to the following terms and conditions (“Agreement”), which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. UMG Nashville, a division of UMG Recordings, Inc. located at 222 2nd Ave. South, Suite 2200, Nashville, TN 37201 and Capitol CMG, a division of UMG Recordings, Inc., 101 Winners Circle, Brentwood, Tennessee 37027 (collectively referred to herein as “Company”) may change the terms of the Agreement at any time, without notice, and Holder’s and/or Accompanying Minor’s use of the Event Pass(es) after such change is posted will mean that Holder and Accompanying Minor accept such change(s). Holder is solely responsible for reading and understanding the Agreement before using the Event Pass and/or those of any Accompanying Minor.

Holder agrees that: (a) neither Holder nor any Accompanying Minor will transmit or aid in transmitting any Company owned content in connection with the Anne Wilson event on April 17, 2024 in Nashville, TN (“Event”), including, but not limited to, any video, livestream or audio (collectively, the  “Content”); (b) Company is the exclusive owner of all copyrights and other proprietary rights of the Event; and (c) Company and their respective parent, subsidiary, affiliated or successor companies; or the advertising, promotional or fulfillment agencies of any of them, will have the unrestricted right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of any Accompanying Minor in any live or recorded broadcast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein are assignable.

Holder and Accompanying Minor are subject to the rules and policies of the Company, and Holder (i) consents on behalf of Holder and Accompanying Minor to allowing the Company or its designated agents to inspect Holder’s and/or any Accompanying Minor’s person and/or any bags, clothing, or other articles for health, safety and security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or other reasonable measures; (ii) understands and agrees on behalf of Holder and Accompanying Minor that attendance is inherently dangerous due to the COVID-19/Coronavirus pandemic which is a highly contagious and communicable disease; and, to the fullest extent permitted by law, each assumes all risks of illness or injury which may arise directly or indirectly, in whole or in part, from Event related activities. Additionally, Holder and Accompanying Minor understand and agrees that, in response to economic and/or social conditions caused by COVID-19/Coronavirus, Company may be compelled to cancel the Event with little (if any) advanced notice and (iii) acknowledges and agrees that Holder and/or any Accompanying Minor may be denied entry to or ejected from the Event if Holder and/or any Accompanying Minor fail to adhere to rules and policies of the Company. Holder acknowledges that the Company has no liability for Holder’s and/or any Accompanying Minor’s person or property.

Each Event Pass to the Event is a limited, revocable license (the “Revocable License”) granted by the Company to attend the Event. The Company reserves the right, in its sole discretion and without refund of any portion of the purchase price, to revoke the Revocable License granted and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by it to be improper, disorderly or unbecoming; (d) who uses vulgar, derogatory or abusive language; (e) who, in the sole judgment of the Company, is engaging in activity or causing a disturbance prohibiting attendees at the Event from enjoying the Event; and/or (f) whose condition or conduct jeopardizes the safety of attendees at the Event.

EVENT PASS PURCHASE AND TRANSFER RESTRICTIONS

Each individual or entity purchasing, acquiring and/or using an Event Pass expressly acknowledges and agrees that the Company is making Event Passes to the Event available for the purpose of permitting the purchasing individual or entity, or any subsequent Holder to attend the Event represented by the Event Pass. As such, each individual or entity that purchases, acquires or uses an Event Pass acknowledges to the Company that non-permitted transfers of Event Passes (the “Event Pass Transfer Restrictions”) may terminate the Revocable License granted by the Company for the usage of Event Pass(es) or constitute a basis for the seizure or cancellation of the Event Pass(es) without refund or other compensation.

For purposes of the Company’s Event Pass Transfer Restrictions the following defined terms shall apply:

“Transfer(s)” shall mean any transfer of possession or use of an Event Pass(es) by a Holder to a third party (in each instance whether such third party is a person or entity).

“Permitted Transfer” shall mean a Transfer that is authorized by or specifically exempted from these Event Pass Transfer Restrictions.

“Non-Permitted Transfer” shall mean a Transfer specifically prohibited or determined by the Company to be unauthorized under these Event Pass Transfer Restrictions.

“Resale” or “Resell” shall mean any Transfer of an Event Pass in exchange for money or any other thing of value.

“Excess Value” shall mean the monetary value derived from the Resale of Event Pass(es) in excess of (i) the price established by the Company when such Event Pass(es) was sold or distributed by the Company, including any tax, service or convenience fees/charges charged by the Company.

“Broker Activity” shall mean any activity by an individual or entity to purchase or otherwise acquire Event Pass(es) with the purpose or intent, as determined by the Company, to Resell the Event Pass(es), including but not limited to the intent to realize Excess Value, as determined by the Company in its sole discretion.

By the acceptance, possession or use of an Event Pass(es), each Holder, on their behalf and on behalf of any Accompanying Minor, acknowledges and agrees to the following:

1. Any Broker Activity involving an Event Pass, as determined in the sole discretion of the Company, is a Non-Permitted Transfer, and shall constitute a basis for (a) termination of the Revocable License granted by the Company for the use of the Event Pass, (b) the seizure or cancellation of the Event Pass without refund or other compensation, and/or (c) termination of the Revocable License granted by the Company of all Event Passes that are controlled by or affiliated with the violating Holder or individuals/entities associated with such Holder without refund or other compensation.
2. Any Resale or attempted Resale of Event Pass(es) on a publicly available, secondary ticket marketplace is a Non-Permitted Transfer and may constitute a basis for (a) termination of the Revocable License granted by the Company for use of the Event Pass, (b) the seizure, cancellation or refusal to accept the Event Pass without refund or other compensation, and/or (c) termination of the Revocable License granted for all Event Passes that are controlled by or affiliated with such Holder or individuals/entities associated with such Holder without refund or other compensation.

ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE COMPANY IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED EVENT PASSES.

Event Passes may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Company. In addition to restrictions on the sale of an Event Pass as set forth by the Company, no offer to resell or resale of an Event Pass is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any unauthorized resale will invalidate the Revocable License granted by an Event Pass.

 

ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY

HOLDER RECOGNIZES THAT ATTENDANCE OF HOLDER AND ANY ACCOMPANYING MINOR AT THE EVENT IS VOLUNTARY AND MAY RESULT IN ILLNESS, PERSONAL INJURY (INCLUDING DEATH) AND/OR PROPERTY DAMAGE AND AGREES TO STAY ALERT AND REMAIN AWARE OF THEIR SURROUNDINGS AND THE SURROUNDINGS OF ANY ACCOMPANYING MINOR. BY USING THE EVENT PASS OR BY ATTENDING, OBSERVING OR PARTICIPATING IN THE EVENT, HOLDER, ON BEHALF OF HOLDER AND ANY ACCOMPANYING MINOR, ACKNOWLEDGES AND ASSUMES ALL RISKS, HAZARDS AND/OR DANGERS ASSOCIATED WITH HOLDER AND/OR ANY ACCOMPANYING MINOR (I) BEING A SPECTATOR BEFORE, DURING, AND AFTER THE EVENT AND/OR (II) ATTENDING, OBSERVING OR PARTICIPATING IN THE EVENT, IN EACH CASE, WHETHER ANY SUCH RISK, HAZARD AND/OR DANGER OCCURS PRIOR TO, DURING OR SUBSEQUENT THERETO, INCLUDING BUT NOT LIMITED TO OTHER HAZARDS OR DISTRACTIONS; AND ANY INCIDENTS, ACCIDENTS OR ILLNESS ASSOCIATED WITH CROWDS OF PEOPLE OR THE ACTIONS, NEGLIGENCE OR MISCONDUCT OF OTHER HOLDERS OR ACCOMPANYING MINOR.

THE FOREGOING RISKS SET FORTH ABOVE INCLUDE ALL RISKS THAT ARE IN ANY WAY RELATED TO OR ARISING FROM BEING EXPOSED TO OR CONTRACTING COVID-19 OR ANY STRAINS, VARIANTS, OR MUTATIONS THEREOF, THE CORONAVIRUS THAT CAUSES COVID-19, AND/OR ANY OTHER COMMUNICABLE AND/OR INFECTIOUS DISEASES, VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSES THEREOF AT THE EVENT. ACCORDINGLY, BY USING THIS EVENT PASS, HOLDER IS ACKNOWLEDGING AND CONFIRMING, BOTH NOW AND IN THE FUTURE, THAT HOLDER UNDERSTANDS AND EXPRESSLY ASSUMES THE RISK THAT HOLDER AND ANY ACCOMPANYING MINOR MAY BE EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE. HOLDER EXPRESSLY UNDERSTANDS THAT THESE RISKS INCLUDE CONTRACTING COVID-19 OR OTHER COMMUNICABLE DISEASE AND THE ASSOCIATED DANGERS, MEDICAL COMPLICATIONS AND PHYSICAL AND MENTAL INJURIES, BOTH FORESEEN AND UNFORESEEN, THAT MAY RESULT FROM CONTRACTING COVID-19 OR OTHER COMMUNICABLE DISEASE. HOLDER FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT ANY INTERACTION WITH THE GENERAL PUBLIC POSES AN ELEVATED, INHERENT RISK OF BEING EXPOSED TO AND CONTRACTING COMMUNICABLE DISEASE, INCLUDING, BUT NOT LIMITED TO, COVID-19, THAT IT CANNOT BE GUARANTEED THAT HOLDER OR ANY ACCOMPANYING MINOR WILL NOT BE EXPOSED, AND THAT AS SUCH, POTENTIAL EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE ARE RISKS INHERENT IN HOLDER’S DECISION TO USE THIS EVENT PASS THAT CANNOT BE ELIMINATED.

HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING MINOR AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF (“RELATED PERSONS”), AGREES THAT THE COMPANY, ARTIST AND THEIR RESPECTIVE PARENT, SUBSIDIARY, AFFILIATED OR SUCCESSOR COMPANIES; OR THE ADVERTISING, PROMOTIONAL OR FULFILLMENT AGENCIES OF ANY OF THEM  (COLLECTIVELY, THE “RELEASED PARTIES”), WILL NOT BE RESPONSIBLE FOR AND FURTHER WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO THE FOLLOWING “RELEASED CLAIMS”: ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS EVENT PASS, (B) PRESENCE AT THE EVENT OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY ANY OF THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF OR RELATE TO:

(1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES;

(2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE EVENT, INCLUDING, WITHOUT LIMITATION ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING MINOR OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING MINOR; AND ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY RULES TO HOLDER OR ANY ACCOMPANYING MINOR; AND

(3) INVASION OF PRIVACY, DEFAMATION, VIOLATION OF ANY RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER CAUSE OF ACTION ARISING OUT OF THE PRODUCTION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, PUBLICATION, PUBLIC PERFORMANCE, BROADCAST OR EXHIBITION OF CONTENT AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OF HOLDER OR ANY ACCOMPANYING MINOR FROM THE EVENT APPEAR.

THE ACKNOWLEDGEMENTS AND EXPRESS ASSUMPTIONS OF RISK, WAIVERS OF CLAIMS, AND RELEASES OF LIABILITY CONTAINED HEREIN ARE INTENDED TO BE BINDING AND FULL WAIVERS OF CLAIMS AND RELEASES OF LIABILITY, AND INTERPRETED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW, INCLUDING WITH RESPECT TO ANY CONTROVERSY, CLAIM OR DISPUTE THAT MAY ARISE. IF ANY PART HEREOF IS HELD TO BE INVALID OR LEGALLY UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THE AGREEMENT SHALL NOT BE AFFECTED THEREBY AND SHALL REMAIN VALID AND FULLY ENFORCEABLE.

HOLDER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL DEMANDS, SUITS, CLAIMS, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), EXPENSES AND LIABILITY ARISING OUT OF, INCIDENTAL TO OR RELATED IN ANY WAY TO (I) HOLDER’S AND/OR ACCOMPANYING MINOR’S ATTENDANCE AT, OBSERVATION OF, AND/OR PARTICIPATION IN THE EVENT, (II) HOLDER’S AND/OR ACCOMPANYING MINOR’S ACTS OR OMISSIONS, OR (III) HOLDER’S BREACH OF ANY OF THE TERMS, CONDITIONS OR REPRESENTATIONS MADE IN THE AGREEMENT.

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)

Unless prohibited by federal law, Holder and the Company agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of an Event Pass, Holder’s and/or an Accompanying Minor’s participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury, illness or property damage arising out of Holder’s and/or any Accompanying Minor’s attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration 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 Arbitration Claim to be resolved by arbitration, neither Holder nor the Company will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the Company would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Company each understand and agree that by requiring each other to resolve all disputes through individual arbitration, BOTH 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.

The arbitration shall take place in the City of Nashville, TN. 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 Holder and Company 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 Arbitration Claims, including, but not limited to, any Accompanying Minor and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

The Company will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the Company may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Company 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 the 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 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 the Agreement and/or the conclusion of the Event (to the extent permitted by applicable law).

Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to Company shall be sent by mail to UMG Nashville, 222 2nd Ave. South, Suite 2200, Nashville, TN 37201 . Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.

*HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY OTHER ACCOMPANYING MINOR AS AN AUTHORIZED AGENT.

EVENT PASS USE/REFUND POLICY

Retain possession of the Event Pass until the Event has concluded. The Event Pass cannot be replaced if lost, stolen or destroyed. The Event Pass is good only for the particular Event indicated and no part of the purchase price will be refunded by reason of the failure to use it for the Event.

Should the Event be postponed or otherwise not completed, the Company may reschedule the Event, at its sole discretion. No part of the purchase price will be refunded by reason of the failure of a Holder to use an Event Pass on such rescheduled Event date.  Event is subject to modification or cancellation.