The following terms and conditions apply to any individual purchasing one or more ticket(s) for, and/or to any individual granted admission to, the “Audacy Beach Festival” at Fort Lauderdale Beach (the “Venue”) December 3 and/or 4, 2022 (collectively, the “Event”).
By purchasing any one or more ticket(s) to the Event, and/or in consideration and acceptance of being granted admission to the Event, all ticket purchasers and Event attendees (or in the case of any minor under the age of eighteen (18), on behalf any such minor) (each, an “Attendee”, and collectively, “Attendees”) accept, acknowledge, and irrevocably agree to, all of the following:
All ticket sales are final, non-refundable, and non-exchangeable. Each Event ticket is a revocable license that grants Attendee admission to the Venue for the Event. Lost, stolen, counterfeit tickets or tickets sold in violation of any applicable law may not be honored.
The lineup of artists performing at the Event is subject to change with or without notice.
Tickets are issued subject to, and at all times Attendees must abide by and comply with, these terms and conditions, all applicable Venue policies, all Event policies (including the complete list of prohibited items) available online at https://audacybeachfestival.com/info/, and the instructions of any person acting on behalf of Audacy Operations, Inc., Audacy Florida, LLC, or any of its affiliated companies (collectively, the “Promoter” or “Audacy”), and/or the Venue.
By attending the Event, Attendees understand, acknowledge, and voluntarily agree: (1) COVID-19 is highly contagious and by attending the Event, Attendees voluntarily assume the risk that Attendees may be exposed to or infected by COVID-19, and that such exposure or infection may result in personal injury, illness, permanent disability, and death; (2) Audacy cannot guarantee that Attendees will not become exposed to or infected by with COVID-19 by attending the Event; and (3) the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, and/or negligence of myself and others, including, but not limited to, Audacy employees.
Additionally, Attendees understand, acknowledge, and voluntarily agree the symptoms of COVID-19 may include, but are not limited to, fever, fatigue, dry cough, and difficulty breathing, and Attendees affirm that as of the Event date:
- Currently do not have, or have not experienced within the past five (5) days, symptoms of COVID-19;
- Have tested positive for COVID-19 within the past five (5) days; and
- Have not knowingly been exposed to anyone diagnosed with COVID-19 within the past ten (10) days.
Attendees further understand, acknowledge, and voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, Attendees may experience or incur in connection with Attendee’s attendance at the Event (“Claims”), and Attendees hereby release, covenant not to sue, discharge, and hold harmless Audacy Operations, Inc., its parents, affiliates, and subsidiaries, the City of Fort Lauderdale, Broward County, and each of their respective directors, officers, members, managers, shareholders, employees, agents, and representatives (collectively, the “Released Parties”) of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Attendees understand, acknowledge, and voluntarily agree this release includes any Claims based on the actions, omissions, or negligence of the Released Parties, whether a COVID-19 infection occurs before, during, or after the Event.
Attendee’s belongings may be searched upon entry into the Venue and Event. By tendering a ticket and entering the Venue and Event, Attendees consent to such searches and waives any related claims that Attendees might have against Promoter and/or the Venue. If Attendees elects not to consent to these searches, Attendees will be denied entry into the Venue and Event. Admission to the Event may be refused or withdrawn, or the Attendees may be ejected, in the sole and absolute discretion of Promoter. Promoter may postpone, cancel, interrupt or stop the Event or any portion thereof due to adverse weather, dangerous situations, or any other causes beyond their control. The sole and exclusive remedy for the Attendees if admission is refused or withdrawn, or if the event is cancelled and not rescheduled, is a refund of the face value of the ticket; provided, however, that no refund or other remedy will be provided in connection with changes to the lineup of artists performing at the Event and/or if an Attendees is ejected or refused entry due to disorderly conduct or failure to comply with these terms and conditions, and/or the instructions of any person acting on behalf of Promoter and/or the Venue.
There is a ZERO TOLERANCE policy for harassment of any kind at Event including, without limitation: stalking, intimidation, offensive verbal comments, physical assault and/or battery, bathroom policing, inappropriate physical contact and unwelcome physical attention, harassing or non-consensual photography or recording, sustained disruption of and Event-related activities, bathroom policing, inappropriate physical contact and unwelcome physical attention. This policy applies to EVERYONE at the Event, and is in relation to, but not limited to: race, color, national origin, gender, gender identity, gender presentation, sexual orientation, age, body size, disability, appearance, religion, citizenship and pregnancy. If a person engages in any of the foregoing behavior, Promoter will take prompt action in any form they deem appropriate, including expulsion from Event with no refund. Anyone can report harassment. Attendees should immediately contact Promoter, security personnel, or any Event representative to report harassment to Attendees or anyone else. If necessary, Promoter will contact local law enforcement, provide escort, offer a safe place or otherwise assist those experiencing harassment to make sure such person feel safe for the rest of the Event.
Attendees hereby irrevocably grants to Promoter (i) permission to capture, photograph, broadcast (live or recorded) and/or make a recording (video and/or audio) of Attendee, Attendee’s name, image, likeness, portrait, recorded voice and/or biographical information, and (ii) an a perpetual, transferable, royalty-free license to reproduce, use, publish, publicly perform, publicly display, broadcast, transmit, and otherwise exploit for free, for a fee or for sale, via any medium, including, without limitation, terrestrial radio, satellite radio, television, the Internet (including, but not limited to, Promoter website(s), any third party websites such as Facebook or Twitter, Instagram, or YouTube, social media pages, and/or viral distribution through email or other means of sharing), for any and all advertising, marketing, endorsement, commercial and trade purposes whatsoever (including but not limited to advertising, promoting or publicizing the Promoter, the Promoter’s business(es), and/or the Event, including, without limitation, Event-related products and services or its sponsors, in any manner, by any means, whether now known or hereafter devised, in whole or in part, alone or in compilation with content provided by third parties, and for any of which Attendees shall receive no payment of any additional compensation. In so doing, Attendees respectively waive any potential claims against Promoter and any of their affiliates with respect to any such usage and/or editing in whole, or in part, alone or in compilation with content provided by third parties, and Attendees hereby consents to all such use, for any of which Attendees acknowledges and agrees shall be without any payment or any additional compensation.
ATTENDEES ARE SOLELY RESPONSIBLE FOR ATTENDEESR PROPERTY. ATTENDEES ACKNOWLEDGE AND AGREE THAT ATTENDEES ASSUME ANY AND ALL RISK(S) ASSOCIATED WITH THE LOSS AND/OR DAMAGE OF ANY OF ATTENDEESR PERSONAL ITEMS AND/OR PROPERTY LEFT UNATTENDED AT, DURING, AND/OR AFTER THE EVENT, AND THAT PROMOTER AND VENUE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE LOSS AND/OR DAMAGE OF ATTENDEESR PROPERTY, AND/OR FOR ANY INJURIES CAUSED BY ATTENDEESR PROPERTY.
ATTENDEES ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ATTENDEES, ATTENDEESR SPOUSE, CHILDREN, PARENTS, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE(S) AND ESTATE, OR TO ANY OTHER PARTY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF PROFITS, OR LOSS OF USE DAMAGES.
In the event that Attendees file a lawsuit against the Released Parties, Attendees agree to do so solely in the State of Florida, and Attendees further agree that the substantive law of Florida shall apply in any such action without regard to the conflict of the law rules of that state. Should the Released Parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Attendees agree to indemnify and hold them harmless for all such fees and costs.
Attendees acknowledge and agree that Attendees have read these terms and conditions, and understand the contents. Attendees acknowledge and understand that by accepting these terms and conditions, Attendees are waiving certain legal rights and voluntarily seeks to do so. Attendees affirm, represent and warrant, that Attendees are at least eighteen (18) years of age, and that in the case the individual attending the Event and/or participating in any Event-related activities is a minor (i.e., 17 years of age or younger; not yet 18 years of age), Attendees affirm, represent and warrant that
Attendees (i) are the parent or legal guardian of such minor; (ii) have the legal authority to enter into this agreement on such minor’s behalf, and (iii) acknowledge and agree that the terms of this agreement shall apply equally to Attendees and to all those on whose behalf Attendees have the authority to represent. Attendees agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. Attendee’s agreement to these terms and conditions is voluntary, and Attendees intend for the Released Parties to rely on Attendee’s agreement.