TICKET HOLDER TERMS & CONDITIONS
October 1, 2022
CONTENTS
TERMS & CONDITIONS
THESE TERMS AND CONDITIONS RELATE TO AN INDIVIDUAL’S USE OF A TICKET TO GAIN ADMITTANCE TO ANY OF THE PRODUCTIONS PRESENTED BY K AND E THEATER GROUP AT ITS CONTRACTED VENUES, EACH INDIVIDUAL HOLDING A TICKET TO GAIN ADMITTANCE, A “HOLDER” OR A “HOLDER OF A TICKET” AS USED IN THIS POLICY.
COVID-19 WARNING AND WAIVER OF CLAIMS
AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. BY VISITING OR ENTERING THE VENUE, HOLDER OF A TICKET ASSUMES ALL RISKS, HAZARDS, AND DANGERS INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED. HOLDER OF A TICKET VOLUNTARILY WAIVES ANY AND ALL CLAIMS AND POTENTIAL CLAIMS AGAINST EACH OF K AND E THEATER GROUP, EVENT PARTICIPANTS, PERFORMERS, AND CONTRACTED VENUES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, VENDORS AND CONTRACTORS (COLLECTIVELY, FOR PURPOSES OF THIS POLICY, THE “RELEASED ENTITIES”), THAT ARISE FROM OR RELATE IN ANY WAY TO, HOWEVER CAUSED, THE RISK OF CONTRACTING OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR THAT ARISE FROM OR RELATE IN ANY WAY TO, HOWEVER CAUSED, THE RISK OF EXPOSURE OR ACTUAL OR ALLEGED EXPOSURE TO A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, IN EACH CASE WHETHER THE ACTUAL OR ALLEGED CIRCUMSTANCES GIVING RISE TO ANY CLAIM OR POTENTIAL CLAIM OCCUR BEFORE, DURING, OR AFTER THE EVENT. EACH HOLDER OF A TICKET AND OTHERS ARE SUBJECT TO THE RELEASE & WAIVER OF LIABILITY AGREEMENT. PLEASE REVIEW THIS AGREEMENT IN FULL PRIOR TO PURCHASING, USING, SELLING OR TRANSFERRING A TICKET AND PRIOR TO VISITING ANY VENUE. HOLDER OF A TICKET ASSUMES ALL RISKS AND LOSSES OCCURRING BEFORE, DURING OR AFTER AN EVENT, INCLUDING, WITHOUT LIMITATION, INJURY BY ANY CAUSE, AND RELEASES EACH RELEASED ENTITY (AS DEFINED ABOVE) FROM ANY AND ALL RELATED CLAIMS.
COVID-19 SAFETY MEASURES
BY VISITING OR ENTERING A VENUE, HOLDER OF A TICKET AGREES TO ABIDE BY ALL COVID-19 SAFETY MEASURES THE VENUE HAS IMPLEMENTED FOR GUESTS, VOLUNTEERS AND PERFORMERS. THESE MEASURES MAY BE CHANGED FROM TIME TO TIME AND MAY INCLUDE, BUT ARE NOT LIMITED TO, PROOF OF VACCINATION, WEARING MASKS AT ALL TIMES WHILE ON THE PREMISES, TEMPERATURE CHECKS PRIOR TO ENTERING THE VENUE, CERTIFYING WHETHER HOLDER OF A TICKET HAS BEEN EXPOSED TO COVID-19 PRIOR TO ENTERING A VENUE, AND SOCIAL DISTANCING WHEN REASONABLE. THE MOST CURRENT SAFETY MEASURES WILL BE POSTED AT EACH VENUE AND ARE AVAILABLE ONLINE HERE.
TRANSFER & RETURN POLICY UNTIL DECEMBER 17, 2022
TICKETS MAY BE TRANSFERRED IF YOU ARE NOT ABLE TO ATTEND A PERFORMANCE OF THAT PRODUCTION. ADDITIONALLY, IF THE HOLDER OF A TICKET PURCHASED IT DIRECTLY FROM THE BOX OFFICE OF A VENUE OR FROM K AND E THEATER GROUP’S OFFICIAL PRIMARY TICKETING SERVICES PLATFORM, SUCH TICKET MAY BE ELIGIBLE FOR AN EXCHANGE OR A REFUND IF REQUESTED AT LEAST TWO HOURS IN ADVANCE OF THE PERFORMANCE DATE AND TIME INDICATED ON THE TICKET. TICKETS TO CERTAIN EVENTS MAY NOT BE REFUNDABLE OR EXCHANGEABLE.
REVOCABLE LICENSE/VENUE MAY REFUSE ADMISSION
EACH TICKET IS A REVOCABLE LICENSE AND ADMISSION MAY BE REFUSED UPON REFUNDING THE PURCHASE PRICE APPEARING THEREON. IN ADDITION, VENUE MANAGEMENT RESERVES THE RIGHT, WITHOUT THE REFUND OF ANY PORTION OF THE TICKET PURCHASE PRICE, TO REFUSE ADMISSION TO OR EJECT ANY PERSON WHOSE CONDUCT IS DEEMED BY MANAGEMENT TO BE UNSAFE OR DISORDERLY, WHO USES INAPPROPRIATE, VULGAR OR ABUSIVE LANGUAGE, WHO FAILS TO COMPLY WITH THE VENUE’S HEALTH AND SAFETY PROTOCOLS OR OTHER POLICIES, OR WHO FAILS TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH HEREIN.
RECORDING OF THE EVENT PROHIBITED
HOLDER OF A TICKET AGREES NOT TO TRANSMIT OR AID IN TRANSMITTING ANY DESCRIPTION, ACCOUNT, PICTURE OR REPRODUCTION OF ALL OR ANY PART OF ANY EVENT IN A VENUE. BREACH OF THE FOREGOING WILL AUTOMATICALLY TERMINATE THE LICENSE UNDER EACH TICKET HELD BY SUCH HOLDER.
LATECOMERS WILL BE SEATED AT THE DISCRETION OF MANAGEMENT. EVENT, DATE, TIME & PERFORMERS SUBJECT TO CHANGE.
COVID SAFETY MEASURES
(Amended October 1, 2022)
K AND E THEATER GROUP IS DEEPLY COMMITTED TO THE HEALTH AND SAFETY OF OUR AUDIENCES, PERFORMERS, AND STAFF.
WE HAVE CREATED A CONTACTLESS EXPERIENCE FOR GUESTS ENTERING THE THEATRE, AND ESTABLISHED RIGOROUS CLEANING AND SANITATION PROTOCOLS. BASED ON CDC AND MASSACHUSETTS GUIDELINES AT THE TIME OF PERFORMANCE, PROTOCOLS MAY INCLUDE CONTACT TRACING SURVEY, VACCINATION OR NEGATIVE TEST VERIFICATION, LIMITATIONS ON BELONGINGS IN THE THEATER, PROPER MASK USAGE, ASSIGNED ENTRY TIMES, CONTACTLESS TEMPERATURE CHECK, SOCIAL DISTANCING, AND MORE.
SPECIFIC HEALTH AND SAFETY PROTOCOLS ARE SUBJECT TO CHANGE BUT WILL BE CLEARLY COMMUNICATED TO TICKET HOLDERS IN ADVANCE OF THEIR PERFORMANCE. TICKET HOLDERS WHO DO NOT COMPLY WITH VENUE PROTOCOLS WILL NOT BE ADMITTED.
FACE MASKS
VACCINATION POLICY
SANITIZATION
RESTROOM FACILITIES
REDUCE SHARED SURFACE TOUCHING
ARRIVAL TIME
BOX OFFICE
CONCESSIONS
VOLUNTEER SCREENING
BACKSTAGE SAFETY FOR PERFORMERS AND CREW DURING REHEARSAL OR PERFORMANCE MEMBERS OF THE CAST AND CREW HAVE BEEN FULLY VACCINATED (TWO WEEKS FROM THEIR FINAL DOSE). THEY MAY CHOOSE TO REMOVE THEIR MASK WHILE AT REHEARSAL DURING TECH WEEK OR BACKSTAGE DURING PERFORMANCES. THOSE PERFORMERS WHO HAVE BEEN FULLY VACCINATED WILL BE REQUIRED TO SUBMIT A CLEAR COVID TEST IN ORDER TO BE PERMITTED TO REMOVE MASKS AT REHEARSALS AND PERFORMANCES. THOSE WHO WOULD PREFER TO CONTINUE TO WEAR A MASK OR SHIELD AT REHEARSALS REGARDLESS OF THEIR VACCINATION STATUS WILL BE PERMITTED TO DO SO. PERFORMANCES WILL BE PERFORMED WITHOUT A MASK.
ANYONE ATTENDING REHEARSAL OR ARRIVING FOR PERFORMANCES WILL BE CHECKED FOR FEVER BEFORE BEING ALLOWED INTO REHEARSAL OR BACKSTAGE. IF FEVER EXISTS, THAT PERSON WILL NOT BE PERMITTED INTO THE REHEARSAL OR PERFORMANCE SPACE. IF ANYONE ASSOCIATED WITH THE SHOW FEELS ILL IN ANY WAY, ESPECIALLY IF THEY EXHIBIT ANY OF THE SYMPTOMS OF COVID-19, THEY ARE ASKED TO NOTIFY THE STAGE MANAGER AND TO REMAIN AWAY AS LONG AS THEY ARE SYMPTOMATIC. IN CASES WHERE IT IS WARRANTED, THE PERSON WILL BE ENCOURAGED TO BE TESTED PRIOR TO RETURNING TO REHEARSALS.
ANYONE ATTENDING REHEARSAL OR ARRIVING FOR PERFORMANCES WILL BE ASKED TO FREQUENTLY WASH HANDS WITH SOAP AND WATER, TO USE HAND SANITIZER WHICH WILL BE PROVIDED IN AMPLE AMOUNTS AFTER COUGHING, SNEEZING OR TOUCHING THEIR FACE, TO COUGH OR SNEEZE INTO A TISSUE OR THEIR ELBOW, AND TO MAINTAIN A SAFE DISTANCE FROM OTHERS IN ATTENDANCE AT ALL TIMES.
ACTORS AND CREW MEMBERS WILL BE PROVIDED WITH PERSONAL SPACES BACKSTAGE THAT ALLOW FOR SOCIAL DISTANCING WHILE PREPARING FOR AND PERFORMING IN THE SHOW. MASK WEARING BACKSTAGE DURING TECH AND PERFORMANCE WEEKS IS REQUIRED.
CAST AND CREW SIZES BACKSTAGE WILL BE KEPT TO AN ABSOLUTE MINIMUM. NO ONE BUT CAST AND CREW WILL BE PERMITTED BACKSTAGE.
RELEASE & WAIVER OF LIABILITY AGREEMENT
THIS RELEASE & WAIVER OF LIABILITY AGREEMENT (“AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION OF BEING PERMITTED TO ENTER AND REMAIN AT EACH THEATRE VENUE OWNED OR OPERATED IN WHOLE OR IN PART BY K AND E THEATER GROUP (“KETG”) AND ITS AFFILIATES (EACH SUCH VENUE, A “VENUE” AND, COLLECTIVELY, THE “VENUES”), AND IN ADDITION TO THE AGREEMENT BY EACH HOLDER (AS DEFINED BELOW) TO THE TERMS AND CONDITIONS SET FORTH ON EACH TICKET PURCHASED FOR AN EVENT OCCURRING IN A VENUE (EACH SUCH TICKET, A “TICKET” AND EACH SUCH EVENT, AN “EVENT”), WHICH TICKET IS A REVOCABLE LICENSE THAT GRANTS ONE-TIME ENTRY INTO THE VENUE WHERE THE APPLICABLE EVENT IS PLAYING AND A SEAT FOR THE EVENT PURCHASED, AND SUCH HOLDER’S AGREEMENT TO BE BOUND TO ALL TICKET TERMS AND CONDITIONS, WHETHER PRINTED OR DISPLAYED ON A TICKET, KETG.ORG, THE WEBSITE FOR THE OFFICIAL TICKETING SERVICES PLATFORM FOR K AND E THEATER GROUP, OR ANY OTHER WRITTEN COMMUNICATION FROM KETG OR ANY OF ITS AFFILIATES OR ITS OFFICIAL TICKETING SERVICES PLATFORM, WHICH INCLUDE THE TRANSFER AND RETURN POLICY AND THE COVID-19 SAFETY MEASURES, SUCH HOLDER, ON BEHALF OF SUCH HOLDER AND SUCH HOLDER’S RELATED PERSONS (AS DEFINED BELOW), HEREBY ACKNOWLEDGES AND AGREES TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. “HOLDER” SHALL MEAN EACH OF (A) A HOLDER OF A TICKET ENTERING A VENUE OR SEEKING ADMITTANCE TO A VENUE OR WHO HAS SPENT ANY TIME IN OR ON THE PREMISES OF A VENUE; (B) A HOLDER OF A TICKET WHO, WHETHER VOLUNTARILY OR INVOLUNTARILY, DOES NOT ENTER A VENUE, OR WHO IS DENIED ADMITTANCE OR ACCESS TO A VENUE; (C) A PURCHASER OF A TICKET, REGARDLESS OF THE POINT OF PURCHASE FOR SUCH TICKET AND REGARDLESS OF WHETHER OR NOT SUCH PURCHASER ACTUALLY ENTERS A VENUE OR PERSONALLY USES SUCH TICKET; (D) AN INDIVIDUAL TO WHOM A TICKET PURCHASED BY A PURCHASER DESCRIBED IN THE FOREGOING CLAUSE (C) IS TRANSFERRED (WHETHER OR NOT FOR CONSIDERATION); AND (E) AN INDIVIDUAL TO WHOM A TICKET IS ISSUED (WHETHER OR NOT FOR CONSIDERATION). “RELATED PERSONS” OF A HOLDER SHALL MEAN, COLLECTIVELY, SUCH HOLDER’S HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, AND NEXT OF KIN, AND EACH INDIVIDUAL ATTENDING AN EVENT WITH SUCH HOLDER, INCLUDING, WITHOUT LIMITATION, ANY ACCOMPANYING MINORS, EACH INDIVIDUAL ON WHOSE BEHALF SUCH HOLDER PURCHASES ANY ONE OR MORE TICKETS OR TO WHOM SUCH HOLDER SELLS OR TRANSFERS ANY ONE OR MORE TICKETS, INCLUDING ANY MINORS, AND OTHER PERSONS ACTING OR PURPORTING TO ACT ON SUCH HOLDER’S OR ANY OF THE FOREGOING PERSONS’ OR ENTITIES’ BEHALF. EACH HOLDER REPRESENTS AND WARRANTS THAT SUCH HOLDER HAS BEEN AUTHORIZED BY EACH OF SUCH HOLDER’S RELATED PERSONS TO ACT ON SUCH RELATED PERSON’S BEHALF FOR PURPOSES OF THE RELEASES AND WAIVERS SET FORTH IN THIS AGREEMENT. EACH HOLDER COVENANTS AND AGREES THAT SUCH HOLDER WILL NOTIFY EACH INDIVIDUAL TO WHOM SUCH HOLDER SELLS OR TRANSFERS A TICKET OF THE TERMS AND CONDITIONS OF THIS AGREEMENT UPON THE SALE OR TRANSFER OF SUCH TICKET, WILL NOTIFY EACH INDIVIDUAL ACCOMPANYING SUCH HOLDER TO ANY ONE OR MORE VENUES FOR AN EVENT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO SUCH INDIVIDUAL’S ENTRANCE INTO ANY VENUE, AND WILL NOTIFY EACH OF SUCH HOLDER’S OTHER RELATED PERSONS OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO SUCH HOLDER’S ENTRANCE INTO ANY VENUE. THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO K AND E THEATER GROUP’S TICKET TERMS AND CONDITIONS AND COVID-19 SAFETY MEASURES POLICY.
1. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS
EACH HOLDER FULLY UNDERSTANDS THAT: (A) THE NOVEL CORONAVIRUS SARS- COV-2 AND ANY RESULTING DISEASE (TOGETHER WITH ANY MUTATION, ADAPTATION, OR VARIATION THEREOF, “COVID-19”) IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH, AND THERE IS AN INHERENT DANGER AND RISK OF EXPOSURE TO COVID-19 IN ANY PLACE WHERE PEOPLE CONGREGATE; (B) NO HEALTH AND SAFETY POLICIES, ASSESSMENTS, SCREENING MEASURES, MITIGATION MEASURES, CLEANING PROCEDURES, PRECAUTIONS AND/OR PROTOCOLS THAT WILL BE IMPLEMENTED FROM TIME TO TIME AT AND FOR ANY ONE OR MORE VENUES (COLLECTIVELY, THE “VENUE PROTOCOLS”) BY LOCAL, STATE AND/OR FEDERAL GOVERNMENTAL AGENCIES, K AND E THEATER GROUP OR ITS AFFILIATES OR LICENSEES, AND/OR THIRD PARTIES, CAN ELIMINATE THE PRESENCE OF OR THE RISK OF EXPOSURE TO COVID-19; (C) WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS CAN BE AND HAVE BEEN ADVERSELY AFFECTED BY COVID-19, ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND OTHER PUBLIC HEALTH AUTHORITIES, (I) PEOPLE WITH CERTAIN UNDERLYING MEDICAL CONDITIONS ARE OR MAY BE ESPECIALLY VULNERABLE, INCLUDING, BUT NOT LIMITED TO, PEOPLE WITH CHRONIC KIDNEY DISEASE, CHRONIC OBSTRUCTIVE PULMONARY DISEASE, MODERATE TO SEVERE ASTHMA, LIVER DISEASE, COMPROMISED IMMUNE SYSTEMS (INCLUDING AS A RESULT OF ORGAN TRANSPLANT), OBESITY, SERIOUS HEART CONDITIONS, SICKLE CELL DISEASE, AND TYPE 2 DIABETES, (II) THE RISK OF SEVERE ILLNESS FROM THE CONTRACTION OF COVID-19 INCREASES STEADILY WITH AGE, AND (III) CONTRACTING COVID-19 CAN RESULT IN THE FURTHER TRANSMISSION OF COVID-19 TO HOLDER’S SPOUSE, FAMILY MEMBERS, AND OTHER PERSONS IN PROXIMITY TO HOLDER; AND (D) EXPOSURE TO COVID-19 CAN RESULT IN SUBSEQUENT QUARANTINE, ISOLATION, ILLNESS, DISABILITY, SHORT-TERM AND/OR LONG-TERM PHYSICAL AND/OR MENTAL HEALTH EFFECTS, AND/OR DEATH, REGARDLESS OF AGE OR HEALTH CONDITION AT THE TIME OF EXPOSURE AND/OR INFECTION.
2. ASSUMPTION OF RISKS, HAZARDS AND DANGERS
EACH HOLDER, ON BEHALF OF ITSELF AND EACH OF SUCH HOLDER’S RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS, HOWEVER CAUSED, RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND ANY ONE OR MORE VENUES, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, AND WHICH RISKS, HAZARDS AND DANGERS MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, HOLDER’S RELATED PERSONS, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, AND MAY OCCUR OR ARISE BEFORE, DURING OR AFTER ANY ONE OR MORE EVENTS, AND INSIDE OR OUTSIDE OF A VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT ANY ONE OR MORE EVENTS. HOLDER HEREBY ASSUMES, ON BEHALF OF ITSELF AND HOLDER’S RELATED PERSONS, ALL AND SOLE RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
3. RELEASE, WAIVER & COVENANT NOT TO SUE
(a) EACH HOLDER, ON BEHALF OF ITSELF AND SUCH HOLDER’S RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES, HEREINAFTER DEFINED IN SECTION 3(b), WITH RESPECT TO ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY THAT SUCH HOLDER OR ANY OF SUCH HOLDER’S RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE), OR THAT ANY OTHER HOLDER OR SUCH OTHER HOLDER’S RELATED PARTIES MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY ONE OR MORE OF THE RELEASED PARTIES, THAT ARISE FROM OR OUT OF, OR RELATE IN ANY WAY TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS) OR SECTION 2 (ASSUMPTION OF RISKS, HAZARDS AND DANGERS) OR THE IMPLEMENTATION OR APPLICATION OF ANY ONE OR MORE VENUE PROTOCOLS (AS DEFINED IN SECTION 1 ABOVE), INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) A HOLDER’S EXPOSURE OR ALLEGED EXPOSURE TO COVID-19 OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 BY A HOLDER; (II) ANY EXPOSURE OR ALLEGED EXPOSURE TO COVID-19 EXPERIENCED BY ANY RELATED PERSON OF A HOLDER, OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 BY ANY RELATED PERSON OF A HOLDER, (III) A HOLDER’S OR ANY OF SUCH HOLDER’S RELATED PERSONS’ TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, ANY ONE OR MORE VENUES AND/OR COMPLIANCE WITH ANY VENUE’S AND/OR PRODUCER’S POLICIES, PROCEDURES AND PROTOCOLS; OR (IV) ANY INTERACTION BETWEEN A HOLDER OR ANY RELATED PERSONS OF A HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT ANY ONE OR MORE VENUES (INCLUDING, WITHOUT LIMITATION, EMPLOYEES OR OTHER PERSONNEL OF K AND E THEATER GROUP, ITS VOLUNTEERS, OR ANY VENUE STAFF) (ALL SUCH CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY DESCRIBED ABOVE IN THIS SECTION 3(a) THAT A HOLDER OR ANY OF SUCH HOLDER’S RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE), OR THAT ANY OTHER HOLDER OR SUCH OTHER HOLDER’S RELATED PARTIES MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY ONE OR MORE OF THE RELEASED PARTIES, HEREINAFTER, COLLECTIVELY, THE “CLAIMS”), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE AND IN EACH CASE WHETHER THE ACTUAL OR ALLEGED CIRCUMSTANCES GIVING RISE TO ANY CLAIM OCCUR BEFORE, DURING OR AFTER ANY EVENT.
(b) THE “RELEASED PARTIES” ARE: (I) K AND E THEATER GROUP, EACH PRODUCER, AND TICKETLEAP.COM, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT PARENTS, AFFILIATES, SUBSIDIARIES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, PARTNERS, MEMBERS, MANAGERS, PRINCIPALS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS), OTHER PERSONNEL, VENDORS AND SERVICE PROVIDERS, AND EACH OF THE FOREGOING INDIVIDUALS’ AND ENTITIES’ RESPECTIVE SUCCESSORS AND ASSIGNS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES; (II) EACH OF VENUES, THE DIRECT AND INDIRECT OWNERS, LESSEES AND SUBLESSEES OF EACH OF JUJAMCYN THEATERS AND EACH PRODUCER; AND (III) EACH PARTY PROVIDING PRODUCTS OR PERFORMING SERVICES AT ANY ONE OR MORE VENUES OR IN CONNECTION WITH ANY ONE OR MORE EVENTS.
(c) DUE TO RAPIDLY CHANGING COVID-19 REGULATIONS AND RESTRICTIONS, EACH VENUE’S COVID-19 REQUIREMENTS ARE SUBJECT TO CHANGE, AT ANY TIME AND WITHOUT NOTICE, TO COMPLY WITH FEDERAL, STATE AND LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES. EACH HOLDER ACKNOWLEDGES THAT IT IS SUCH HOLDER’S RESPONSIBILITY TO REVIEW AND CHECK THE LATEST SAFETY INFORMATION REGARDING COVID-19, INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC), THE MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH, THE NORTHAMPTON BOARD OF HEALTH, AND THE GOVERNMENTAL AND HEALTH AUTHORITIES OF THE JURISDICTIONS IN WHICH SUCH HOLDER RESIDES AND/OR FROM OR TO WHICH SUCH HOLDER MAY BE TRAVELING.
EACH HOLDER RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE THE RELEASED PARTIES IN RESPECT OF ANY CLAIM (AS DEFINED IN SECTION 3(a) ABOVE) ARISING OUT OF ANY CHANGE IN FEDERAL, STATE, OR LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES’ REQUIREMENTS, AS ENFORCED BY ANY ONE OR MORE OF THE RELEASED PARTIES, EITHER RETROACTIVELY OR PROSPECTIVELY.
4. GOVERNING LAW
EACH HOLDER HEREBY UNDERSTANDS AND AGREES THAT THIS AGREEMENT IS SUBJECT TO AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO CHOICE OR CONFLICT OF LAW PROVISIONS.
5. SEVERABILITY
HOLDER HEREBY AGREES THAT IF ANY PROVISION OR PART THEREOF CONTAINED IN THIS AGREEMENT IS DECLARED ILLEGAL, UNENFORCEABLE, OR INEFFECTIVE, SUCH PROVISION OR PART THEREOF SHALL BE DEEMED SEVERABLE, SUCH THAT ALL OTHER PROVISIONS CONTAINED IN THIS AGREEMENT SHALL REMAIN VALID AND BINDING.
CONTENTS
- TERMS & CONDITIONS
- TRANSFER & RETURN POLICY UNTIL DECEMBER 17, 2022
- COVID SAFETY MEASURES
- RELEASE & WAIVER OF LIABILITY AGREEMENT
TERMS & CONDITIONS
THESE TERMS AND CONDITIONS RELATE TO AN INDIVIDUAL’S USE OF A TICKET TO GAIN ADMITTANCE TO ANY OF THE PRODUCTIONS PRESENTED BY K AND E THEATER GROUP AT ITS CONTRACTED VENUES, EACH INDIVIDUAL HOLDING A TICKET TO GAIN ADMITTANCE, A “HOLDER” OR A “HOLDER OF A TICKET” AS USED IN THIS POLICY.
COVID-19 WARNING AND WAIVER OF CLAIMS
AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. BY VISITING OR ENTERING THE VENUE, HOLDER OF A TICKET ASSUMES ALL RISKS, HAZARDS, AND DANGERS INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED. HOLDER OF A TICKET VOLUNTARILY WAIVES ANY AND ALL CLAIMS AND POTENTIAL CLAIMS AGAINST EACH OF K AND E THEATER GROUP, EVENT PARTICIPANTS, PERFORMERS, AND CONTRACTED VENUES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, AGENTS, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, VENDORS AND CONTRACTORS (COLLECTIVELY, FOR PURPOSES OF THIS POLICY, THE “RELEASED ENTITIES”), THAT ARISE FROM OR RELATE IN ANY WAY TO, HOWEVER CAUSED, THE RISK OF CONTRACTING OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR THAT ARISE FROM OR RELATE IN ANY WAY TO, HOWEVER CAUSED, THE RISK OF EXPOSURE OR ACTUAL OR ALLEGED EXPOSURE TO A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING COVID-19 OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, IN EACH CASE WHETHER THE ACTUAL OR ALLEGED CIRCUMSTANCES GIVING RISE TO ANY CLAIM OR POTENTIAL CLAIM OCCUR BEFORE, DURING, OR AFTER THE EVENT. EACH HOLDER OF A TICKET AND OTHERS ARE SUBJECT TO THE RELEASE & WAIVER OF LIABILITY AGREEMENT. PLEASE REVIEW THIS AGREEMENT IN FULL PRIOR TO PURCHASING, USING, SELLING OR TRANSFERRING A TICKET AND PRIOR TO VISITING ANY VENUE. HOLDER OF A TICKET ASSUMES ALL RISKS AND LOSSES OCCURRING BEFORE, DURING OR AFTER AN EVENT, INCLUDING, WITHOUT LIMITATION, INJURY BY ANY CAUSE, AND RELEASES EACH RELEASED ENTITY (AS DEFINED ABOVE) FROM ANY AND ALL RELATED CLAIMS.
COVID-19 SAFETY MEASURES
BY VISITING OR ENTERING A VENUE, HOLDER OF A TICKET AGREES TO ABIDE BY ALL COVID-19 SAFETY MEASURES THE VENUE HAS IMPLEMENTED FOR GUESTS, VOLUNTEERS AND PERFORMERS. THESE MEASURES MAY BE CHANGED FROM TIME TO TIME AND MAY INCLUDE, BUT ARE NOT LIMITED TO, PROOF OF VACCINATION, WEARING MASKS AT ALL TIMES WHILE ON THE PREMISES, TEMPERATURE CHECKS PRIOR TO ENTERING THE VENUE, CERTIFYING WHETHER HOLDER OF A TICKET HAS BEEN EXPOSED TO COVID-19 PRIOR TO ENTERING A VENUE, AND SOCIAL DISTANCING WHEN REASONABLE. THE MOST CURRENT SAFETY MEASURES WILL BE POSTED AT EACH VENUE AND ARE AVAILABLE ONLINE HERE.
TRANSFER & RETURN POLICY UNTIL DECEMBER 17, 2022
TICKETS MAY BE TRANSFERRED IF YOU ARE NOT ABLE TO ATTEND A PERFORMANCE OF THAT PRODUCTION. ADDITIONALLY, IF THE HOLDER OF A TICKET PURCHASED IT DIRECTLY FROM THE BOX OFFICE OF A VENUE OR FROM K AND E THEATER GROUP’S OFFICIAL PRIMARY TICKETING SERVICES PLATFORM, SUCH TICKET MAY BE ELIGIBLE FOR AN EXCHANGE OR A REFUND IF REQUESTED AT LEAST TWO HOURS IN ADVANCE OF THE PERFORMANCE DATE AND TIME INDICATED ON THE TICKET. TICKETS TO CERTAIN EVENTS MAY NOT BE REFUNDABLE OR EXCHANGEABLE.
REVOCABLE LICENSE/VENUE MAY REFUSE ADMISSION
EACH TICKET IS A REVOCABLE LICENSE AND ADMISSION MAY BE REFUSED UPON REFUNDING THE PURCHASE PRICE APPEARING THEREON. IN ADDITION, VENUE MANAGEMENT RESERVES THE RIGHT, WITHOUT THE REFUND OF ANY PORTION OF THE TICKET PURCHASE PRICE, TO REFUSE ADMISSION TO OR EJECT ANY PERSON WHOSE CONDUCT IS DEEMED BY MANAGEMENT TO BE UNSAFE OR DISORDERLY, WHO USES INAPPROPRIATE, VULGAR OR ABUSIVE LANGUAGE, WHO FAILS TO COMPLY WITH THE VENUE’S HEALTH AND SAFETY PROTOCOLS OR OTHER POLICIES, OR WHO FAILS TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH HEREIN.
RECORDING OF THE EVENT PROHIBITED
HOLDER OF A TICKET AGREES NOT TO TRANSMIT OR AID IN TRANSMITTING ANY DESCRIPTION, ACCOUNT, PICTURE OR REPRODUCTION OF ALL OR ANY PART OF ANY EVENT IN A VENUE. BREACH OF THE FOREGOING WILL AUTOMATICALLY TERMINATE THE LICENSE UNDER EACH TICKET HELD BY SUCH HOLDER.
LATECOMERS WILL BE SEATED AT THE DISCRETION OF MANAGEMENT. EVENT, DATE, TIME & PERFORMERS SUBJECT TO CHANGE.
COVID SAFETY MEASURES
(Amended October 1, 2022)
K AND E THEATER GROUP IS DEEPLY COMMITTED TO THE HEALTH AND SAFETY OF OUR AUDIENCES, PERFORMERS, AND STAFF.
WE HAVE CREATED A CONTACTLESS EXPERIENCE FOR GUESTS ENTERING THE THEATRE, AND ESTABLISHED RIGOROUS CLEANING AND SANITATION PROTOCOLS. BASED ON CDC AND MASSACHUSETTS GUIDELINES AT THE TIME OF PERFORMANCE, PROTOCOLS MAY INCLUDE CONTACT TRACING SURVEY, VACCINATION OR NEGATIVE TEST VERIFICATION, LIMITATIONS ON BELONGINGS IN THE THEATER, PROPER MASK USAGE, ASSIGNED ENTRY TIMES, CONTACTLESS TEMPERATURE CHECK, SOCIAL DISTANCING, AND MORE.
SPECIFIC HEALTH AND SAFETY PROTOCOLS ARE SUBJECT TO CHANGE BUT WILL BE CLEARLY COMMUNICATED TO TICKET HOLDERS IN ADVANCE OF THEIR PERFORMANCE. TICKET HOLDERS WHO DO NOT COMPLY WITH VENUE PROTOCOLS WILL NOT BE ADMITTED.
FACE MASKS
- FACE COVERINGS THAT COVER THE NOSE AND MOUTH WILL BE REQUIRED AND WHILE SEATED AT THE NORTHAMPTON CENTER FOR THE ARTS.
VACCINATION POLICY
- ALL AUDIENCE MEMBERS SHOULD HAVE AN UP-TO-DATE VACCINATION, BUT CARDS WILL NO LONGER BE CHECKED.
SANITIZATION
- THE VENUE IS PROVIDING HAND SANITIZER THROUGHOUT THE LOBBY AND RESTROOMS.
RESTROOM FACILITIES
- BATHROOMS WILL BE SANITIZED BEFORE THE SHOW.
REDUCE SHARED SURFACE TOUCHING
- THE FRONT DOORS TO THE THEATER WILL BE PROPPED OPEN WHEN THE AUDIENCE ARRIVES SO THAT NO DOOR HANDLE WILL NEED TO BE TOUCHED.
- PATRONS WILL BE PROVIDED A POSTCARD TO SHOW USHER FOR ENTRY INTO THEATER.
ARRIVAL TIME
- OUR HOUSE WILL BE OPEN A HALF HOUR BEFORE THE SHOW. WE ASK THAT YOU ARRIVE THEN TO MINIMIZE CONGREGATING IN THE LOBBY. WE ASK THAT ALL AFTER-SHOW GREETINGS OCCUR OUTSIDE OF THE PERFORMANCE SPACE IN THE LOBBY OR OUTSIDE.
BOX OFFICE
- WE WILL ASK YOU FOR THE NAME THAT RESERVED THE TICKETS WHEN YOU ARRIVE AND PROVIDE A “TICKET” TO EACH PERSON. THE INDIVIDUAL WHO PURCHASED THE TICKETS SHOULD BE THE PERSON WHO GIVES ALL THE “TICKETS” TO THOSE IN THEIR PARTY.
CONCESSIONS
- THERE WILL BE NO CONCESSIONS FOR THE WILD PARTY.
VOLUNTEER SCREENING
- NO ACTOR, MUSICIAN, CREW MEMBER, OR VOLUNTEER WILL BE PERMITTED TO WORK A SHOW WHILE FEELING UNWELL IN ANY WAY. APPROPRIATE SCREENING WILL TAKE PLACE TO ENSURE THIS GUIDELINE IS STRICTLY OBSERVED.
BACKSTAGE SAFETY FOR PERFORMERS AND CREW DURING REHEARSAL OR PERFORMANCE MEMBERS OF THE CAST AND CREW HAVE BEEN FULLY VACCINATED (TWO WEEKS FROM THEIR FINAL DOSE). THEY MAY CHOOSE TO REMOVE THEIR MASK WHILE AT REHEARSAL DURING TECH WEEK OR BACKSTAGE DURING PERFORMANCES. THOSE PERFORMERS WHO HAVE BEEN FULLY VACCINATED WILL BE REQUIRED TO SUBMIT A CLEAR COVID TEST IN ORDER TO BE PERMITTED TO REMOVE MASKS AT REHEARSALS AND PERFORMANCES. THOSE WHO WOULD PREFER TO CONTINUE TO WEAR A MASK OR SHIELD AT REHEARSALS REGARDLESS OF THEIR VACCINATION STATUS WILL BE PERMITTED TO DO SO. PERFORMANCES WILL BE PERFORMED WITHOUT A MASK.
ANYONE ATTENDING REHEARSAL OR ARRIVING FOR PERFORMANCES WILL BE CHECKED FOR FEVER BEFORE BEING ALLOWED INTO REHEARSAL OR BACKSTAGE. IF FEVER EXISTS, THAT PERSON WILL NOT BE PERMITTED INTO THE REHEARSAL OR PERFORMANCE SPACE. IF ANYONE ASSOCIATED WITH THE SHOW FEELS ILL IN ANY WAY, ESPECIALLY IF THEY EXHIBIT ANY OF THE SYMPTOMS OF COVID-19, THEY ARE ASKED TO NOTIFY THE STAGE MANAGER AND TO REMAIN AWAY AS LONG AS THEY ARE SYMPTOMATIC. IN CASES WHERE IT IS WARRANTED, THE PERSON WILL BE ENCOURAGED TO BE TESTED PRIOR TO RETURNING TO REHEARSALS.
ANYONE ATTENDING REHEARSAL OR ARRIVING FOR PERFORMANCES WILL BE ASKED TO FREQUENTLY WASH HANDS WITH SOAP AND WATER, TO USE HAND SANITIZER WHICH WILL BE PROVIDED IN AMPLE AMOUNTS AFTER COUGHING, SNEEZING OR TOUCHING THEIR FACE, TO COUGH OR SNEEZE INTO A TISSUE OR THEIR ELBOW, AND TO MAINTAIN A SAFE DISTANCE FROM OTHERS IN ATTENDANCE AT ALL TIMES.
ACTORS AND CREW MEMBERS WILL BE PROVIDED WITH PERSONAL SPACES BACKSTAGE THAT ALLOW FOR SOCIAL DISTANCING WHILE PREPARING FOR AND PERFORMING IN THE SHOW. MASK WEARING BACKSTAGE DURING TECH AND PERFORMANCE WEEKS IS REQUIRED.
CAST AND CREW SIZES BACKSTAGE WILL BE KEPT TO AN ABSOLUTE MINIMUM. NO ONE BUT CAST AND CREW WILL BE PERMITTED BACKSTAGE.
RELEASE & WAIVER OF LIABILITY AGREEMENT
THIS RELEASE & WAIVER OF LIABILITY AGREEMENT (“AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION OF BEING PERMITTED TO ENTER AND REMAIN AT EACH THEATRE VENUE OWNED OR OPERATED IN WHOLE OR IN PART BY K AND E THEATER GROUP (“KETG”) AND ITS AFFILIATES (EACH SUCH VENUE, A “VENUE” AND, COLLECTIVELY, THE “VENUES”), AND IN ADDITION TO THE AGREEMENT BY EACH HOLDER (AS DEFINED BELOW) TO THE TERMS AND CONDITIONS SET FORTH ON EACH TICKET PURCHASED FOR AN EVENT OCCURRING IN A VENUE (EACH SUCH TICKET, A “TICKET” AND EACH SUCH EVENT, AN “EVENT”), WHICH TICKET IS A REVOCABLE LICENSE THAT GRANTS ONE-TIME ENTRY INTO THE VENUE WHERE THE APPLICABLE EVENT IS PLAYING AND A SEAT FOR THE EVENT PURCHASED, AND SUCH HOLDER’S AGREEMENT TO BE BOUND TO ALL TICKET TERMS AND CONDITIONS, WHETHER PRINTED OR DISPLAYED ON A TICKET, KETG.ORG, THE WEBSITE FOR THE OFFICIAL TICKETING SERVICES PLATFORM FOR K AND E THEATER GROUP, OR ANY OTHER WRITTEN COMMUNICATION FROM KETG OR ANY OF ITS AFFILIATES OR ITS OFFICIAL TICKETING SERVICES PLATFORM, WHICH INCLUDE THE TRANSFER AND RETURN POLICY AND THE COVID-19 SAFETY MEASURES, SUCH HOLDER, ON BEHALF OF SUCH HOLDER AND SUCH HOLDER’S RELATED PERSONS (AS DEFINED BELOW), HEREBY ACKNOWLEDGES AND AGREES TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. “HOLDER” SHALL MEAN EACH OF (A) A HOLDER OF A TICKET ENTERING A VENUE OR SEEKING ADMITTANCE TO A VENUE OR WHO HAS SPENT ANY TIME IN OR ON THE PREMISES OF A VENUE; (B) A HOLDER OF A TICKET WHO, WHETHER VOLUNTARILY OR INVOLUNTARILY, DOES NOT ENTER A VENUE, OR WHO IS DENIED ADMITTANCE OR ACCESS TO A VENUE; (C) A PURCHASER OF A TICKET, REGARDLESS OF THE POINT OF PURCHASE FOR SUCH TICKET AND REGARDLESS OF WHETHER OR NOT SUCH PURCHASER ACTUALLY ENTERS A VENUE OR PERSONALLY USES SUCH TICKET; (D) AN INDIVIDUAL TO WHOM A TICKET PURCHASED BY A PURCHASER DESCRIBED IN THE FOREGOING CLAUSE (C) IS TRANSFERRED (WHETHER OR NOT FOR CONSIDERATION); AND (E) AN INDIVIDUAL TO WHOM A TICKET IS ISSUED (WHETHER OR NOT FOR CONSIDERATION). “RELATED PERSONS” OF A HOLDER SHALL MEAN, COLLECTIVELY, SUCH HOLDER’S HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, AND NEXT OF KIN, AND EACH INDIVIDUAL ATTENDING AN EVENT WITH SUCH HOLDER, INCLUDING, WITHOUT LIMITATION, ANY ACCOMPANYING MINORS, EACH INDIVIDUAL ON WHOSE BEHALF SUCH HOLDER PURCHASES ANY ONE OR MORE TICKETS OR TO WHOM SUCH HOLDER SELLS OR TRANSFERS ANY ONE OR MORE TICKETS, INCLUDING ANY MINORS, AND OTHER PERSONS ACTING OR PURPORTING TO ACT ON SUCH HOLDER’S OR ANY OF THE FOREGOING PERSONS’ OR ENTITIES’ BEHALF. EACH HOLDER REPRESENTS AND WARRANTS THAT SUCH HOLDER HAS BEEN AUTHORIZED BY EACH OF SUCH HOLDER’S RELATED PERSONS TO ACT ON SUCH RELATED PERSON’S BEHALF FOR PURPOSES OF THE RELEASES AND WAIVERS SET FORTH IN THIS AGREEMENT. EACH HOLDER COVENANTS AND AGREES THAT SUCH HOLDER WILL NOTIFY EACH INDIVIDUAL TO WHOM SUCH HOLDER SELLS OR TRANSFERS A TICKET OF THE TERMS AND CONDITIONS OF THIS AGREEMENT UPON THE SALE OR TRANSFER OF SUCH TICKET, WILL NOTIFY EACH INDIVIDUAL ACCOMPANYING SUCH HOLDER TO ANY ONE OR MORE VENUES FOR AN EVENT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO SUCH INDIVIDUAL’S ENTRANCE INTO ANY VENUE, AND WILL NOTIFY EACH OF SUCH HOLDER’S OTHER RELATED PERSONS OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO SUCH HOLDER’S ENTRANCE INTO ANY VENUE. THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO K AND E THEATER GROUP’S TICKET TERMS AND CONDITIONS AND COVID-19 SAFETY MEASURES POLICY.
1. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS
EACH HOLDER FULLY UNDERSTANDS THAT: (A) THE NOVEL CORONAVIRUS SARS- COV-2 AND ANY RESULTING DISEASE (TOGETHER WITH ANY MUTATION, ADAPTATION, OR VARIATION THEREOF, “COVID-19”) IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH, AND THERE IS AN INHERENT DANGER AND RISK OF EXPOSURE TO COVID-19 IN ANY PLACE WHERE PEOPLE CONGREGATE; (B) NO HEALTH AND SAFETY POLICIES, ASSESSMENTS, SCREENING MEASURES, MITIGATION MEASURES, CLEANING PROCEDURES, PRECAUTIONS AND/OR PROTOCOLS THAT WILL BE IMPLEMENTED FROM TIME TO TIME AT AND FOR ANY ONE OR MORE VENUES (COLLECTIVELY, THE “VENUE PROTOCOLS”) BY LOCAL, STATE AND/OR FEDERAL GOVERNMENTAL AGENCIES, K AND E THEATER GROUP OR ITS AFFILIATES OR LICENSEES, AND/OR THIRD PARTIES, CAN ELIMINATE THE PRESENCE OF OR THE RISK OF EXPOSURE TO COVID-19; (C) WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS CAN BE AND HAVE BEEN ADVERSELY AFFECTED BY COVID-19, ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND OTHER PUBLIC HEALTH AUTHORITIES, (I) PEOPLE WITH CERTAIN UNDERLYING MEDICAL CONDITIONS ARE OR MAY BE ESPECIALLY VULNERABLE, INCLUDING, BUT NOT LIMITED TO, PEOPLE WITH CHRONIC KIDNEY DISEASE, CHRONIC OBSTRUCTIVE PULMONARY DISEASE, MODERATE TO SEVERE ASTHMA, LIVER DISEASE, COMPROMISED IMMUNE SYSTEMS (INCLUDING AS A RESULT OF ORGAN TRANSPLANT), OBESITY, SERIOUS HEART CONDITIONS, SICKLE CELL DISEASE, AND TYPE 2 DIABETES, (II) THE RISK OF SEVERE ILLNESS FROM THE CONTRACTION OF COVID-19 INCREASES STEADILY WITH AGE, AND (III) CONTRACTING COVID-19 CAN RESULT IN THE FURTHER TRANSMISSION OF COVID-19 TO HOLDER’S SPOUSE, FAMILY MEMBERS, AND OTHER PERSONS IN PROXIMITY TO HOLDER; AND (D) EXPOSURE TO COVID-19 CAN RESULT IN SUBSEQUENT QUARANTINE, ISOLATION, ILLNESS, DISABILITY, SHORT-TERM AND/OR LONG-TERM PHYSICAL AND/OR MENTAL HEALTH EFFECTS, AND/OR DEATH, REGARDLESS OF AGE OR HEALTH CONDITION AT THE TIME OF EXPOSURE AND/OR INFECTION.
2. ASSUMPTION OF RISKS, HAZARDS AND DANGERS
EACH HOLDER, ON BEHALF OF ITSELF AND EACH OF SUCH HOLDER’S RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS, HOWEVER CAUSED, RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND ANY ONE OR MORE VENUES, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, AND WHICH RISKS, HAZARDS AND DANGERS MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, HOLDER’S RELATED PERSONS, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, AND MAY OCCUR OR ARISE BEFORE, DURING OR AFTER ANY ONE OR MORE EVENTS, AND INSIDE OR OUTSIDE OF A VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT ANY ONE OR MORE EVENTS. HOLDER HEREBY ASSUMES, ON BEHALF OF ITSELF AND HOLDER’S RELATED PERSONS, ALL AND SOLE RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
3. RELEASE, WAIVER & COVENANT NOT TO SUE
(a) EACH HOLDER, ON BEHALF OF ITSELF AND SUCH HOLDER’S RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES, HEREINAFTER DEFINED IN SECTION 3(b), WITH RESPECT TO ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY THAT SUCH HOLDER OR ANY OF SUCH HOLDER’S RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE), OR THAT ANY OTHER HOLDER OR SUCH OTHER HOLDER’S RELATED PARTIES MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY ONE OR MORE OF THE RELEASED PARTIES, THAT ARISE FROM OR OUT OF, OR RELATE IN ANY WAY TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS) OR SECTION 2 (ASSUMPTION OF RISKS, HAZARDS AND DANGERS) OR THE IMPLEMENTATION OR APPLICATION OF ANY ONE OR MORE VENUE PROTOCOLS (AS DEFINED IN SECTION 1 ABOVE), INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) A HOLDER’S EXPOSURE OR ALLEGED EXPOSURE TO COVID-19 OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 BY A HOLDER; (II) ANY EXPOSURE OR ALLEGED EXPOSURE TO COVID-19 EXPERIENCED BY ANY RELATED PERSON OF A HOLDER, OR THE ACTUAL OR ALLEGED CONTRACTING OF COVID-19 BY ANY RELATED PERSON OF A HOLDER, (III) A HOLDER’S OR ANY OF SUCH HOLDER’S RELATED PERSONS’ TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, ANY ONE OR MORE VENUES AND/OR COMPLIANCE WITH ANY VENUE’S AND/OR PRODUCER’S POLICIES, PROCEDURES AND PROTOCOLS; OR (IV) ANY INTERACTION BETWEEN A HOLDER OR ANY RELATED PERSONS OF A HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT ANY ONE OR MORE VENUES (INCLUDING, WITHOUT LIMITATION, EMPLOYEES OR OTHER PERSONNEL OF K AND E THEATER GROUP, ITS VOLUNTEERS, OR ANY VENUE STAFF) (ALL SUCH CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, AND/OR SUITS AT LAW OR IN EQUITY DESCRIBED ABOVE IN THIS SECTION 3(a) THAT A HOLDER OR ANY OF SUCH HOLDER’S RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE), OR THAT ANY OTHER HOLDER OR SUCH OTHER HOLDER’S RELATED PARTIES MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY ONE OR MORE OF THE RELEASED PARTIES, HEREINAFTER, COLLECTIVELY, THE “CLAIMS”), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE AND IN EACH CASE WHETHER THE ACTUAL OR ALLEGED CIRCUMSTANCES GIVING RISE TO ANY CLAIM OCCUR BEFORE, DURING OR AFTER ANY EVENT.
(b) THE “RELEASED PARTIES” ARE: (I) K AND E THEATER GROUP, EACH PRODUCER, AND TICKETLEAP.COM, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT PARENTS, AFFILIATES, SUBSIDIARIES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, PARTNERS, MEMBERS, MANAGERS, PRINCIPALS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS), OTHER PERSONNEL, VENDORS AND SERVICE PROVIDERS, AND EACH OF THE FOREGOING INDIVIDUALS’ AND ENTITIES’ RESPECTIVE SUCCESSORS AND ASSIGNS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES; (II) EACH OF VENUES, THE DIRECT AND INDIRECT OWNERS, LESSEES AND SUBLESSEES OF EACH OF JUJAMCYN THEATERS AND EACH PRODUCER; AND (III) EACH PARTY PROVIDING PRODUCTS OR PERFORMING SERVICES AT ANY ONE OR MORE VENUES OR IN CONNECTION WITH ANY ONE OR MORE EVENTS.
(c) DUE TO RAPIDLY CHANGING COVID-19 REGULATIONS AND RESTRICTIONS, EACH VENUE’S COVID-19 REQUIREMENTS ARE SUBJECT TO CHANGE, AT ANY TIME AND WITHOUT NOTICE, TO COMPLY WITH FEDERAL, STATE AND LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES. EACH HOLDER ACKNOWLEDGES THAT IT IS SUCH HOLDER’S RESPONSIBILITY TO REVIEW AND CHECK THE LATEST SAFETY INFORMATION REGARDING COVID-19, INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC), THE MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH, THE NORTHAMPTON BOARD OF HEALTH, AND THE GOVERNMENTAL AND HEALTH AUTHORITIES OF THE JURISDICTIONS IN WHICH SUCH HOLDER RESIDES AND/OR FROM OR TO WHICH SUCH HOLDER MAY BE TRAVELING.
EACH HOLDER RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE THE RELEASED PARTIES IN RESPECT OF ANY CLAIM (AS DEFINED IN SECTION 3(a) ABOVE) ARISING OUT OF ANY CHANGE IN FEDERAL, STATE, OR LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES’ REQUIREMENTS, AS ENFORCED BY ANY ONE OR MORE OF THE RELEASED PARTIES, EITHER RETROACTIVELY OR PROSPECTIVELY.
4. GOVERNING LAW
EACH HOLDER HEREBY UNDERSTANDS AND AGREES THAT THIS AGREEMENT IS SUBJECT TO AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO CHOICE OR CONFLICT OF LAW PROVISIONS.
5. SEVERABILITY
HOLDER HEREBY AGREES THAT IF ANY PROVISION OR PART THEREOF CONTAINED IN THIS AGREEMENT IS DECLARED ILLEGAL, UNENFORCEABLE, OR INEFFECTIVE, SUCH PROVISION OR PART THEREOF SHALL BE DEEMED SEVERABLE, SUCH THAT ALL OTHER PROVISIONS CONTAINED IN THIS AGREEMENT SHALL REMAIN VALID AND BINDING.
