BALTIMORE SALSA AND BACHATA CONGRESS TERMS AND AGREEMENT By attending Baltimore Salsa and Bachata Congress (the “Congress”), you consent to being filmed and/or photographed, whereas your image, voice, and likeness may be used by the Congress producers for promotional purposes. Any photography taken at the Congress, whether in digital or analog format, is subject to mandatory, non-exclusive license to the Congress producers for use in Congress promotional purposes. Any artwork or performances sponsored by the Congress or taking place at the Congress venue is also subject to a mandatory, non-exclusive license to Congress producers for use in Congress promotional purposes.
TICKET PURCHASE AND CONGRESS TERMS AND CONDITIONS AGREEMENT Baltimore Salsa and Bachata Congress (the “Congress”) date and time is subject to change. Performing artists and times are subject to change. Resale and/or transfer of the ticket may be prohibited by Management’s policies, and if so, any such resale and/or transfer is void to the maximum extent allowed by applicable laws. Any such unauthorized resale and/or transfer may result in refusal of entry without refund. Tickets not obtained directly from Management may be lost, stolen, counterfeit or invalid, in which case they will not be honored. This is further outlined in the following disclaimer. Any purchase or possession of tickets (including wristbands, the “Ticket(s)”) for the Congress constitutes the irrevocable acceptance of, and the agreement to be bound by, all of the terms and conditions contained herein, by you as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “You” or “Your”). You further acknowledge and agree that the Congress and its authorized contractors may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained herein from time to time, without advanced, direct or individual notification to you (collectively “Revise or Revision(s)”) and which Revisions shall, at the sole and absolute option of the Congress, relate back to the date of purchase. The Congress shall have the right to periodically Revise all or
some of the terms or conditions specified herein by posting such Revisions on the festival’s website located at http://baltimorecongress.com/ (the “Site”). If you do not agree to be bound by these terms and conditions, do not purchase Tickets. REVOCABLE LICENSE Your Ticket shall at all times be deemed a revocable license issued by the Congress, as the licensor hereunder (or its respective designee(s), and sometimes also referred to as “we,” “our” or “us”) for the sole purpose of accessing the venue at which the Congress is scheduled to occur (the “Venue”) and for attending the Congress (the “License”). The License may, at the sole and absolute option of the Congress, be revoked at any time by the Congress with or without additional notification to You, which includes denying You access to the Venue upon or due to any violation, or suspected violation of any or all of these terms and conditions or for any violation or suspected violation of any applicable laws, policies, rules or regulations, as determined by the Congress or its contractors. LOST, STOLEN OR DESTROYED TICKETS. The Congress, its processors and agents assume no legal, financial or other liability whatsoever for any lost, stolen, destroyed or mislaid Tickets. Following the delivery of Your Tickets, You assume 100% risk of loss relating to the Tickets, including any risks of loss associated with lost, stolen, mislaid, or destroyed Tickets. NO RESALE. Tickets purchased by You are intended for personal use only. If You obtain Your Ticket(s) from any unauthorized source(s), You fully assume all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit and in all cases, such Ticket(s) shall be voidable and dishonored by the Congress with or without advanced notification to You. You agree that the resale, or the attempted resale by You of any Ticket at a price greater than the face value is strictly prohibited and constitutes a violation of these terms and conditions. In such cases, including any profiting by reselling, trading, or brokering Tickets purchased through the Site, the Congress shall have the right to cancel all or part of the applicable ticket order or may, at the Congress’s sole option, elect to put all or part of Your order and all or part of other pending orders in Your name at Will Call. The Congress reserves the right to cancel Your order(s) without notification for violating or the suspected violation of the terms and conditions of this provision. The Congress also reserves the right to investigate all orders suspected to be in violation of this provision and shall be the final arbiter regarding violations or potential violations hereunder. NOT REDEEMABLE FOR CASH.
Your Ticket is not redeemable for cash. CHANGES TO LINE-UP, DATE OR VENUE The Congress, shall at any time prior to the Congress, have the right to change the Venue, Artist Lineup, Congress Times, Congress Dates or any or all other components of the Congress, at any time, with or without advance notification to You and without any compensation to You. If you do not agree with ANY OF the terms and conditions set forth in this Paragraph OR AGREEMENT, do not purchase Tickets. CONGRESS CANCELLATION Upon the occurrence of an Festival cancellation by the Congress, the Congress shall have the option to either: (a) elect to issue a refund to the Ticket purchaser of record in an amount equivalent to the face value of Tickets only (or a pro-rata portion thereof, in the Congress of a partial cancellation) or (b) reschedule the Congress for a future date within the 12-month period immediately following the Congress cancellation by the Congress. In cases of the rescheduling the cancelled Congress for a future date, You shall not be entitled to refund. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Congress cancellations. If you do not agree with ANY OF the terms and conditions AS set forth in this Paragraph OR AGREEMENT, or if you do not agree with, or agree to assume the allocation of risk TO YOU AS SET FORTH HEREUNDER, do not purchase Tickets. FORCE MAJEURE EVENTS Upon the occurrence of a Congress Cancellation due to reasons other than by as specified above (“Congress Cancellation By the Congress”), including but not limited to, events outside the Congress’s control, acts of God, riots, wars, insurrection of military power, civil rebellion, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), the Congress shall, at its sole and absolute option (a) have the right, but not the obligation, to issue You a refund, or shall at its option, (b) elect to postpone the Congress or (c) cancel the Congress without further legal or financial obligation or liability to you, including the obligation to issue You a refund or to reschedule the Congress. Purchasing Tickets pursuant to these terms and conditions subjects You to a high degree of risk relative to possible Congress cancellations. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set for in the agreement, or if you do not agree with, or agree to assume the allocation of risks that is being transferred to You hereunder, do not purchase Tickets. If the Congress elects to issue a refund, the Ticket purchaser of record shall be refunded in an amount equivalent to the face value of Ticket(s) only. If the Congress elects to reschedule the the Congress for a future date, You may not be entitled to a refund. Under no
circumstances shall You be entitled to a refund of any shipping, handling or other processing fees. POSTPONEMENT OF CONGRESS Unless otherwise specified herein, at all times prior to the Congress, the Congress reserves all rights to cancel or postpone the Congress or to change the Venue, the artist lineup, time, the date of the Congress or other Congress-related components without any obligation by the Congress to give You additional or prior notice or compensation. NOTIFICATION OF CONGRESS CANCELLATION OR POSTPONEMENT If the Congress is cancelled or postponed, whether in whole or in part, or if the Congress is closed, the Congress shall post a notification on the Site relating to such cancellation or postponement. ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. Unless otherwise specified herein to the contrary, there shall be NO refunds or exchanges relative to Ticket purchases. If you do not agree with these terms and conditions set forth in this Paragraph or as otherwise set forth in this agreement, do not purchase Tickets. TICKET CONFIRMATIONS; PROOF OF DELIVERY Your Ticket order confirmation shall serve as conclusive and indisputable proof of Delivery of Your Ticket. You agree to notify the Congress prior to the start time of the Congress if you have not received Your Ticket. ASSUMPTION OF RISKS You assume any and all risks, whether expressly set forth herein, as well as, any other risks and dangers incidental or in any way relating to your presence during the Congress, including any risks that occur prior, during or after the Congress or any risks that are not foreseeable, such as, any and all risks arising from or relating to the acts or omissions of others (including Artists, Congress attendees, the Venue owners or operators and its staff, employees and agents; or the Congress, the Congress organizers, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees). You accept that many of the events of the Congress are physical and have an element of risk associated with them. Although all teachers are qualified to teach, You accept that accidents do happen, and You accept that you hold the liability for any injuries received.
You understand that attending the Congress involves using both public and private areas and You am aware of the hazards involved. The hazards include but are not limited to: vehicle traffic, actions of other participants, Congress personnel, weather conditions and Your physical and mental state of health. In Your judgment You have sufficient competence and experience to participate safely in the Congress. You hereby represent that (i) you are in good health and in proper physical condition to participate in the Congress; and (ii) you are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair your ability to safely participate in the Congress. You agree that it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in the Congress. Lost or Stolen Property Congress organizers and their respective Indemnitees (defined below) shall not be held responsible, financially or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or during the Congress, regardless of fault. You assume all risks of loss associated with the loss or damage to Your personal property. Congress Hazards You assume all risks of personal injuries relating to Your attendance of the Congress including, but not limited to projectiles, hearing loss, seizures and other health conditions incidental, relating to or arising from extremely loud music and sounds; strobe, hydro, pyrotechnic, animatronic lighting and other special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, and laser projections during the Congress and whether such injuries occur subsequent to the Congress. LOUD MUSIC AND SPECIAL EFFECTS WARNING All or designated areas of the Venue during the Congress may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, and laser projections. Women who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before attending the Congress, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions. INDEMNIFICATION
In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and the Congress, You agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, the Congress, Venue owners, and all their respective subsidiaries, affiliates, officers, directors, principals, members, employees, authorized agents, predecessors, assigns, successors, licensees and designees (collectively the “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, and/or claims relating in any way to the Congress, to the maximum extent permitted by applicable law. RIGHT TO RECORD AND EXPLOIT YOUR IMAGE In exchange for additional consideration, the receipt and sufficiency of which is acknowledged herein by You and the Congress, the Congress and its contractors, shall have the right to publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, image, portrait, photograph, voice or other likeness of You without Your additional express written or oral consent. The Congress shall also have the right, but not the obligation, to use Your name, image, portrait, voice, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property without Your additional consent in connection with any sale or distribution thereof. You further acknowledge and agree that the Congress shall be the sole and exclusive owner of any work containing Your image. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and the Congress, the Congress shall also have the right to record, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in medium, whether not existing or hereinafter created, including via any broadcast, re-broadcast, live stream, recording or other reproduction of Your image at or about the Congress, and whether in or out of context. NO ILLICIT DRUGS; NO WEAPONS The Congress and the Venue maintains a zero tolerance policy regarding the illegal or illicit drug use at the Venue or otherwise during the Congress. You knowingly, intelligently and voluntarily consent to be searched by the Congress for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your presence at the Congress or Venue and agree that the discovery of any prohibited items shall constitute a violation of Congress’s anti-drug policies and shall correspondingly give the Congress the right to immediately revoke Your License to access the Venue, to attend the Congress and to deny You any future admission to the Congress or Venue without any legal or financial liability to You. In exchange for additional consideration, the receipt and sufficiency of which is acknowledged by You and the Congress, You correspondingly agree to defend, covenant not to sue,
indemnify, save and hold harmless and forever release, Indemnitees for any losses, whether personal injury or property damage, resulting from or relating to Your illicit drug use, Your use of weapons or anything in violation of these terms and conditions. PROHIBITED ITEMS AND ACTIVITIES. The following items and activities are strictly prohibited at the Congress: unauthorized vendors or performers; oversized bags (permitted bags will be subject to search); fireworks; illegal conduct of any kind; conduct that unreasonably interferes with the enjoyment of the Congress by others or poses a threat to public safety, as determined in the sole discretion of the Congress. The Congress reserves the right to terminate Your License to the Venue at anytime if You engage in any prohibited activities. ASSIGNMENT The Congress shall, at all times, have the right to assign or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You. INTEGRATION CLAUSE You agree that the terms and conditions contained herein, and as amended from time to time by the Congress, represent the entire agreement between You and the Congress with respect to its subject matter hereof, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter. ARBITRATION OF DISPUTES. Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and the Congress or You and any company or person employed by or which is affiliated with the Congress, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of Maryland law to the maximum extent permitted by applicable law. THE PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights 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 IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The
parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). 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. CHARGEBACK DISPUTES In light of Your agreement to all the terms and conditions contained herein, including that “there shall be NO refunds or exchanges relative to Ticket purchases”, You further agree, in conformity therewith that, in no event shall you commence a chargeback dispute with Your credit or debit card relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that the Congress shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. FOREIGN CURRENCY REFUNDS The Congress shall not be responsible for any exchange rate losses incurred during the order or refund process. MBC shall not be obligated to issue refunds to Ticket purchasers who have mistakenly purchased tickets in a currency other than the currency intended. MISCELLANEOUS You cannot share or duplicate tickets. Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of the Congress.