The following terms and conditions apply to any individual purchasing one or more ticket(s), and/or to any individual granted admission, to the “Audacy's Oceanfront Concert” at Virginia Beach, VA (the “Venue”) August 25 – 28, 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, you (or in the case of any minor under the age of eighteen (18), on behalf of such minor) (“You”) accept, acknowledge, and irrevocably agree to, all of the following:
All ticket sales are final, non-refundable, and non-exchangeable. Your ticket is a revocable license that grants You 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 You must abide by and comply with, these terms and conditions, all applicable Venue policies, all Event policies, and the instructions of any person acting on behalf of East Coast Action Sports Entertainment, LLC or any of their affiliated companies (collectively, the “Promoter”), and/or the City of Virginia Beach, VA.
By attending the Event, You understand, acknowledge, and voluntarily agree: (1) COVID-19 is highly contagious and by attending the Event, You voluntarily assume the risk that You 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) Promoter cannot guarantee that You 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, Promoter employees.
Additionally, You 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 You affirm that as of the Event date either You or any members of Your household:
- Currently do not have, or have not experienced in fourteen (14) days, symptoms of COVID-19;
- Have not been diagnosed with COVID-19 within the past 30 days;
- Have not knowingly been exposed to anyone diagnosed with COVID-19 within the past 30 days;
- Have not traveled outside of the country or to any city considered to be a “hot spot” for COVID-19 infections within the past 30-days; and
- Promoter cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each client.
You further understand, acknowledge, and voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, You may experience or incur in connection with Your attendance at the Event (“Claims”), and You hereby release, covenant not to sue, discharge, and hold harmless East Coast Action Sports Entertainment, LLC, the City of Virginia Beach, VA, Audacy Virginia, LLC, Audacy Operations, Inc., each of their respective parents, affiliates, and subsidiaries, 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. You 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.
You(s) and You(s) belongings may be searched upon entry into the Venue and Event. By tendering a ticket and entering the Venue and Event, You consent to such searches and waives any related claims that You might have against Promoter and/or the Venue. If You elects not to consent to these searches, You will be denied entry into the Venue and Event. Admission to the Event may be refused or withdrawn, or the You 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 You 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 You 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. You should immediately contact Promoter, security personnel, or any Event representative to report harassment to You 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.
You hereby irrevocably grants to Promoter (i) permission to capture, photograph, broadcast (live or recorded) and/or make a recording (video and/or audio) of You, Your 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 You shall receive no payment of any additional compensation. In so doing, You 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 You hereby consents to all such use, for any of which You acknowledges and agrees shall be without any payment or any additional compensation.
YOU ARE SOLELY RESPONSIBLE FOR YOUR PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ANY AND ALL RISK(S) ASSOCIATED WITH THE LOSS AND/OR DAMAGE OF ANY OF YOUR 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 YOUR PROPERTY, AND/OR FOR ANY INJURIES CAUSED BY YOUR PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO YOU, YOUR 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 You file a lawsuit against the Released Parties, You agree to do so solely in the Commonwealth of Virginia, and You further agree that the substantive law of Virginia 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, You agree to indemnify and hold them harmless for all such fees and costs.
You acknowledge and agree that You have read these terms and conditions, and understand the contents. You acknowledge and understand that by accepting these terms and conditions You(s) are waiving certain legal rights and voluntarily seeks to do so. You affirm, represent and warrant, that You(s) 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), You affirm, represent and warrant that You (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 You and to all those on whose behalf You have the authority to represent. You 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. Your agreement to these terms and conditions is voluntary, and You intend for the Released Parties to rely on Your agreement.
