TERMS AND CONDITIONS
PURCHASE OF TICKETS: FOR THE DISCOUNT CONSIDERATIONS AND EXECUTING A PURCHASE I CERTIFY I HAVE READ AND AGREE TO:
By choosing to attend the event by With Me Holdings, INC, Art With Me, the Care With Me Foundation, Bruhaus Collective, LLC and all its subsidiaries, sub contractors, contractors, workers, volunteers artists, vendors, partner hotels, and agents (hereafter referred to collectively as “AWM”) you the attendee on your behalf and any minor children you bring (referred to as “you”) agree to the terms and conditions set forth below .
PLEASE READ THIS EVENTS LIABILITY RELEASE WAIVER (“AGREEMENT”) CAREFULLY. THIS AGREEMENT, INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE “AWM” AND OTHER PARTIES. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
IMAGE USE RELEASE: While in attendance, “you” and your image or voice may be captured by video or photography. “AWM” will have absolute rights of said content for advertising, social media, or anything else they want as sole owners of content. “You” forever release claim of copyright or content of the same.
WEATHER EVENTS: As an outside festival weather is uncontrollable, if the festival is open and available to you, rain or any other weather is not a “refundable triggering event”.
TERMS OF ADMISSION: At the box office, where you receive your admission bracelets, you could be asked to sign in person these terms and conditions. You are required to show ID for the name on your credit card AND your purchasing credit card, Failure to do so will result in non entry. Additionally as a limited capacity event no refund will be offered.
There is NO refund on purchased tickets.
REFUND POLICY IS BELOW FOR EXTREME WEATHER CLOSURES.
In the case of event being rescheduled due to state or federal pandemic shut down or any other extreme weather event, you will receive an AWM credit usable for up to 2 years at any AWM event worldwide. An AWM credit will be given of 100% of purchase price minus the taxes and donations paid on the purchase. Including but not limited to a mandated COVID shutdown, or extreme weather event. To claim your credit you must submit your request to [email protected] within 60 days of event postponement.
By buying your tickets “YOU” acknowledge that you have read the FULL Agreement and understand its contents; that “YOU” are fully empowered and competent to give your consent; that I have been sufficiently informed of the risks involved and give my voluntary consent in electronic signing to this agreement through the action of purchasing admission, AND it as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.
PLEASE BE AWARE THAT BY EXECUTING THIS AGREEMENT AND PARTICIPATING OR HOSTING AN EVENT ON THE FESTIVAL PROPERTY OR ANY AWM EVENTS OFF PROPERTY, YOU AND YOUR GUESTS WILL BE EXPRESSLY ASSUMING THE
RISK AND LEGAL LIABILITY, AND WAIVING AND RELEASING ANY CLAIMS FOR INJURIES,
DAMAGES OR LOSS WHICH YOU MIGHT SUSTAIN AS A RESULT OF ANY ACTIVITIES CONNECTED WITH THE EVENT.
In consideration attending ART WITH ME (the “Event”) in Miami, (the “Property”), the undersigned acknowledges and agrees to the following:
- Every guest shall read this Agreement prior to PURCHASING tickets to the Event.
- “AWM” cannot prevent ” you” [or any minors] from becoming exposed to, contracting, or spreading COVID-19 while utilizing the Property. It is not possible to prevent the presence of the disease. Therefore, if you choose to attend the Event and enter onto the Property you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
- An inherent risk of exposure to COVID-19 exists by hosting or attending this Event where people from different households will be present. By hosting or attending this Event, you voluntarily assume all risks related to exposure to COVID-19 and agree not to hold “AWM” liable for any risks related to COVID-19 in connection with the Event, including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks.
- ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself [and my children] i n order to utilize and enter the Property. Entering the Property is of such value to me [and my children] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to host or attend the Event in person. I fully understand that there are dangers, inherent and otherwise, in attending and engaging in the Event during the COVID-19 pandemic and hereby acknowledge that I am hosting or attending the Event of my own free will and agree to assume the full risk of any injuries and/or damages and/or losses of any kind, regardless of severity and including death, that may occur i n connection with my hosting or attending of the Event. I am fully and personally responsible for my own safety and actions while and during my attendance or participation at the Event.
- WAIVER AND RELEASE OF LIABILITY: With full knowledge of the risks involved, I, intending to be legally bound for myself and my heirs, personal representative, next of kin, and anyone who might make a claim on my behalf, hereby waive, release and discharge “AWM” from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by “YOU” related OR UNRELATED to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19 or other hazards. I understand that this waiver means I give up my 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 I may have to seek damages, whether known or unknown, foreseen or unforeseen.
- INDEMNIFICATION: “YOU” agree to indemnify, defend, and hold harmless “AWM” from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to OR UNRELATED TO COVID-19.
- COMPLIANCE WITH ALL RULES: I agree to obey all rules and regulations applicable to the Event during my attendance or participation in the Event.
- MISCELLANEOUS: “YOU” acknowledge that this Agreement is binding upon my heirs, assigns and legal representatives. “You” agree that this Agreement is intended to be as broad and inclusive as are permitted by the laws of Mexico. I further agree that this Agreement is severable and that if any clause is found invalid, the balance of the Agreement will remain in effect, valid and enforceable.
- CHOICE OF LAW: “You” understand and agree that the law of laws of the Tulum, Quintana Roo, Mexico will apply to this Contract.
There is no implied warranty or guarantee from any representative of “AWM” to “You”. “You” agree to enter at your own risk and to forever hold harmless “AWM” in the event of any injury or death.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Art With Me Online and Art With Me Content belong to Art With Me and/or third parties (which may include you and other users). Art With Me reserves all of its rights in Art With Me Content and Art With Me Online Services. Nothing in the Terms grants you a right or license to use any trademark, design right or copyright owned or controlled by Art With Me or any third party except as expressly provided in the Terms.
+ INTELLECTUAL PROPERTY RIGHTS.
Other than content you own, which you may have opted to include on this Website, under these Terms, Art With Me and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following:
Publishing any Website material in any media;
Selling, sublicensing and/or otherwise commercializing any Website material;
Publicly performing and/or showing any Website material;
Using this Website in any way that is, or may be, damaging to this Website;
Using this Website in any way that impacts user access to this Website;
Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
Using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Art With Me may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
+ YOUR CONTENT.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Art With Me a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Art With Me reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
+ NO WARRANTIES.
This Website is provided “as is,” with all faults, and Art With Me makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
+ LIMITATION OF LIABILITY.
In no event shall Art With Me, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Art With Me, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Art With Me from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
+ VARIATION OF TERMS.
Art with me is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Art With Me shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
+ ENTIRE AGREEMENT.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Art With Me and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
+ GOVERNING LAW & JURISDICTION.
These Terms will be governed by and construed in accordance with the laws of the Tulum, Quintana Roo, Mexico, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Quintana Roo, Mexico for the resolution of any disputes.