Ticketing Contract

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SIXTHMAN – 311 Day 2022 ULTIMATE VIP PACKAGES TICKETING CONTRACT

IMPORTANT NOTICE! THE FOLLOWING TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SIXTHMAN (AS DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT.

Last updated: October 11, 2021. This contract is subject to change at any time.

All references to "Sixthman" shall include Sixthman LTD and any entity wholly owned by Sixthman LTD or affiliated through ownership with the owners of Sixthman LTD. All references to the "Hotel" or to “Event” shall be understood to refer to 311 Day 2022 taking place at the Park MGM in Las Vegas. All references to "Guest" shall refer to each person attending the Event, including any accompanying minors, and any of their heirs, successors, assigns or representatives. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.

Each Guest’s reservation for Event, acceptance and/or use of the Ticket Contract, or attendance at the Hotel constitutes the acceptance of and agreement to this Contract.

Guest represents that Guest is authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all the terms of this Contract. This Contract is not transferable and you may not sell or assign it. It is valid only for the Event indicated in Exhibit A. This Contract may not be modified except in writing signed by Sixthman. These terms shall apply to any and all disputes between you and Sixthman regardless whether arising at the Hotel or in any other place, location or any mode of transportation. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of Sixthman, and all concessionaires, independent contractors or other providers of any services or facilities in connection with or incident to the Guest’s vacation.

1. Nature of the Event

311 Day 2022 Ultimate VIP Package is a VIP Experience featuring Hotel accommodations, VIP experiences with 311 and performances by 311 (unless the experiences only package is purchased in which case it does not include Hotel accommodations or performances).

2. Pricing and Payments

Sixthman reserves the right to increase published prices without notice. In the event of an increase, only new reservations made following the price increase will be affected. Any reservations made prior to the fare increase will be protected at the rate they booked and fully deposited at. Payment for the Event shall be made in US Dollars. ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE. Sixthman accepts reservations and payments according to three schedules:

Payment in Full Up Front;
Payments over time on Sixthman’s Automatic Billing Plan; or
Payments over time on Sixthman’s Minimum Payment Schedule

Payment in Full Up Front

Payment in full up front is self-explanatory. Guests who pay in full are finished and will not have to be concerned about any future or upcoming payments, unless they modify their reservation.

Sixthman’s Automatic Billing Plan

The Automatic Billing Plan allows Guests to establish an evenly divided payment schedule up front. Sixthman then automatically charges the Guest’s authorized credit card for the applicable charges on the scheduled dates. Guests who wish to enroll in the Automatic Billing Plan will be required to make the initial deposit at the time of booking, and then authorize in advance 1-12 additional charges to be processed on the day of the month selected by the Guest. Because the payments are evenly divided, guests are not faced with a large final payment. There is no additional charge for participation in the Automatic Billing Plan.

Sixthman’s Minimum Payment Schedule Plan

The minimum payment schedule allows Guests to make installment payments on their reservation over time. The date that you place your reservation will dictate your minimum deposit amount after which you would be required to make any future payments according to the schedule. See Exhibit A for particular plans. All payments are per person and non-refundable.

Reservations made after the final payment date may require a minimum deposit, and must be paid in full within 30 days of the booking or 35 days from the check in date, whichever comes first.

The Sixthman reservation system will not complete a reservation on a single card that is declined but will complete a reservation paid with multiple cards even if one-or-more, but not all, of the cards are declined. Should your initial payment not meet minimum payment due at the time of your reservation you will have 72 hours in which to bring your account into good standing or risk cancellation.

Payments not received by the dates indicated are subject to a late fee of no less than $35.00 (USD). Payments not made or collected within 21 days of the due date will risk cancellation of the reservation at the cancellation fee outlined below.

In addition to the Ultimate VIP Package price, Sixthman will collect in advance all taxes and Hotel fees, including, without limitation, a booking fee. The individual making the reservation for 311 Day 2022 Ultimate VIP Package is considered the “Lead Guest” in whose name the reservation is held. The consideration for the vacation shall be deemed to be earned when paid and is not refundable.

3. Changes, Transfers and Cancellation

Sixthman does offer and RECOMMENDS (but does not require) that each Guest purchase travel insurance for the Event. Because of the nature and uniqueness of the 311 Day 2022 Ultimate VIP Package, there is a strict cancellation policy. All changes, transfers or cancellations may be made only by the Lead Guest. The Lead Guest, in whose name the reservation is held, may change the name of any accompanying guest (subject to Sixthman's written approval) in the same room once without charge prior to the final payment date. Any other reservation change, subsequent changes to the name of any accompanying guest in the same room, or any change prior to the final payment date will be subject to Sixthman's approval and a minimum $50.00 administrative fee before the change is effected.

Any reservation change made after certain dates may be subject to administrative fees, in the amount of $75/change or $100/change, depending on the date of change. A reservation for the Hotel is valid only for the person(s) named within as Guests and cannot be transferred without Sixthman's written consent. With written consent, you may transfer your reservation to another party with a $299 transfer fee charged to the reservation. No Lead Guest changes after a sell-out. Sixthman will not consent to a reservation transfer during any pre-sale period, after an event sell-out when a waiting list exists, or after the final-payment date.

In the event the reservation is cancelled by the Lead Guest, Sixthman will make refunds of payments previously made strictly in accordance with the provisions of this paragraph. The Lead Guest and each Guest are strongly urged to consider travel insurance to protect your trip. In lieu of cancellation, the Lead Guest may request that his or her reservation be transferred to another person subject to the written consent of Sixthman and payment of the above-referenced transfer fee.

Any changes to your reservation that involve changing, adding, or removing existing guests or upgrading the value of your cabin to a higher priced room can only be requested by the Lead Guest.

Downgrading your room to a room of lesser value is not allowed.

The Lead Guest must request these changes by phone or email.

The Cancellation Schedule:

ALL PAYMENTS ARE NON-REFUNDABLE.

We highly recommend that all guests purchase Travel Insurance. You can find more details about this program at www.sixthman.net/protection.

Once purchased, Protection plan fees are non-refundable. Guests that have purchased travel insurance and need to cancel for a covered condition may be able to make a claim with the insurance carrier to recover any lost payments.

4. Acceptance and Agreement

a. By making the reservation for 311 Day 2022 Ultimate VIP Package or by the accepting and/or using the Ticket Contract by the persons named thereon as Guests, and/or attending the Event and any Event-related events, the Lead Guest and each Guest on the same reservation, acknowledges he or she has read, understands and agrees to be bound by each and every term, condition and provision of this Ticket Contract.

5. Cancellation of the Event

If the Event is cancelled completely prior to the first day of the Event, each Guest shall receive a refund of his or her reservation paid. If the Event is cancelled during the Event, each Guest shall receive a refund of a proportionate part of his or her reservation paid. Sixthman shall have no further liability for damages or compensation of any kind. No Guest shall be entitled to recover any travel costs, incidental or consequential losses or damages sustained by him or her. Each Guest agrees this remedy shall be his or her exclusive remedy.

6. Inherent Risks in Attending Event

Guest understands and agrees that attending the Event comes with inherent risks, such as, without limitation, slipping on wet surfaces, bumping into other guests or staff, or having other guests or staff bump into Guest, injuries caused by food poisoning or other air borne or water borne viruses, all of which could result in injury, or in rare instances, death, and Guest nevertheless agrees to take on these risks in order to attend the Event. Accordingly, Guest hereby releases and holds harmless Sixthman, and its parents, ultimate parents, subsidiaries, affiliates and related entities, and their present and former directors, officers, employees, agents, contractors, representatives, insurers, licensees, successors, and assigns (collectively, “Released Parties”), from any and all rights, claims, demands, losses, damages, expenses, costs and/or actions (including, without limitation, attorneys’ fees), whether arising from, without limitation, the sole or partial negligence of the Released Parties which you, your spouse, or anyone claiming on behalf of or through your spouse, your children or you may have or acquire in connection with your attendance at the Event or any other related activities, including, without limitation, any bodily injury, personal injury (including, without limitation, death), loss of consortium or property damage that you may incur or which may arise out of or in connection with your participation in the Event. You intend for this release and waiver to be as full and complete as possible and allowed by law. To the fullest extent permitted by law, you hereby agree to indemnify and defend the Released Parties from and against any and all claims, demands, losses, damages, expenses, costs and/or actions (including without limitation, attorneys’ fees) which may arise out of or in connection with your participation in the Event or any excursions or other related activities, including, without limitation, claims and actions allegedly arising out of or in connection with any acts or omissions which are caused by the sole negligence, including, without limitation, the gross negligence, of the Released Parties.

7. Health and Safety Protocols

Guest understands and acknowledges that by making this reservation you are agreeing to follow health and safety protocol that may be in place at the time of the Event and that individuals who do not comply will be asked to leave and will not be eligible for a refund.

Guest acknowledges that such health and safety protocols could include vaccines, masks, testing or other COVID-19 health and safety protocol which may be in place at the Event as required by the venue, host, or local government.

8. Public Performance

Sixthman may be recording (video, still photos, including sound) all public performances at an Event. By attending, all Guests agree that they may be photographed, filmed, or otherwise recorded. Guests further grant irrevocable consent to Sixthman, its parents, successors, assigns, and licensees to include your name, image, and voice in any and all commercial use, publication, distribution, or other exploitation of all recordings, without compensation or credit, for any purpose in all media now known or hereafter devised throughout the universe in perpetuity. All footage or recordings shall be Sixthman’s sole property. Guests waive all rights of publicity, privacy, or other rights therein.

9. Age Restrictions

You must be at least twenty one (21) years old to create a reservation and accept the Lead Guest responsibilities.

10. Right to Eject / Zero Tolerance Policy

Sixthman and the Hotel maintains the right to refuse entry and/or to eject any Guest who do not observe the rules and regulations of the Hotel or Event including any failure to adhere to or comply with health and safety protocols. The following behaviors will not be tolerated: verbal or physical threats of another; deliberate damage or destruction of property; and disorderly, immoral, or indecent conduct. Furthermore, Sixthman has a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in removal from the Hotel as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases Sixthman shall not be liable for any refund or other compensation or damages.

11. Forum

It is agreed by and between each Guest and Sixthman that all disputes and matters arising under, in connection with or incident to this Contract or to 311 Day Ultimate VIP Packages, including any dispute or matter arising out of or related to Guest’s travel to the Hotel involving Sixthman, shall be litigated if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the courts of any other county, state or country.

12. Severability

Should any provisions of the terms of this Ticket Contract be contrary to or invalid by virtue of the law of any jurisdiction, the remaining provisions shall remain in full force and effect.

By clicking the “accept” button (or equivalent button) in the course of booking your room and ordering your ticket, you acknowledge that this is a legally binding agreement and you agree to all the terms herein.