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Ticket Terms

THE FLORIDA MAN GAMES, LLC

TICKET TERMS

 

Tickets to The Florida Man Games (the “Games”) at Franics Field in St. Augustine, Florida are

revocable licenses that only grant a one-time entry into the field for the specified Event (the “Event”).

The person seeking entry pursuant to such license, and any accompanying minors (“Holder”), agrees

that such license is subject to these terms (“Terms”) and by purchase, acceptance and/or use of such

license, Holder is deemed to have read the Terms, understood them, and agreed to be bound by them.

Failure to comply with the Terms, Field rules, any security measures, health and safety

policies/assessments, or any other rule or policy of Management, shall result in forfeiture of the license

and all rights arising under it without refund and shall entitle the Games, the City of St. Augustine, and

any applicable third-party promoter (collectively, “Management”) to pursue all legal remedies available.

Admission may be refused or revoked, and Holder may be ejected in Management’s sole discretion. To

see the complete set of Terms, visit the Florida Man Games at www.thefloridamangames.com/terms.

ALL TICKET SALES ARE FINAL. NO REFUNDS FOR ANY REASON, including but not limited to, if

admission is refused or revoked, field capacity limitations result in ticket cancellation, or the Event is

canceled and not rescheduled for any reason, or for any breach of the Terms. Management is not

responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor them.

Tickets may not be used for, or in connection with, any form of commercial purposes including, without

limitation, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming, without the

express written consent of the Games. Use of tickets in violation of law is strictly prohibited and will

result in seizure, revocation and/or forfeiture of the license without refund.

IN NO EVENT SHALL HOLDER BE ENTITLED TO ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,

INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT

PAID IN EXCESS OF FACE VALUE FOR THE TICKET. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY

WAY RELATED TO THE TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL,

FINAL, AND BINDING ARBITRATION IN ST. JOHNS COUNTY, FLORIDA REGARDLESS OF WHERE HOLDER

RESIDES OR FROM WHERE HOLDER PURCHASED THEIR TICKET. HOLDER AND MANAGEMENT AGREE

THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS,

ACKNOWLEDGES AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND

ANY RIGHT TO LITIGATE OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR

CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT

ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

The Event date and time (and gate opening) are subject to change at Management’s sole

discretion, and no such change shall entitle Holder to a refund or other remedy at law or in equity if

Holder cannot attend or for any other reason. In the event the Holder has a selected seat, Holder may

be relocated at Management’s sole discretion, and no such relocation shall entitle Holder to a refund or

other remedy if Holder is relocated to a seat of comparable Face Value. Holder must comply with all

Games and Event policies including without limitation policies addressing security and fan conduct,

health and safety, and bags. Holder and Holder’s belongings may be searched or assessed. Prohibited

items may be confiscated and Holder’s admission may be denied or revoked at Management’s sole

discretion. Holder consents to such searches and assessments and waives all related claims. If Holder

does not consent, Holder acknowledges Management has the right to deny or revoke Holder’s

 

admission without refund. Management reserves the right to deny or revoke the admission of any

person who it determines, in its sole discretion, poses a risk to the health or safety of other attendees or

whose conduct violates these Terms, any Event policies, or is otherwise disorderly (or complicit therein)

without refund. Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell

(or aid in such activity) (1) in any form, any description or account (whether text, data or visual) of the

Event or related events (collectively, “Descriptive Data”) for any commercial or non-personal, purpose;

(2) any images, videos, audio or other form of display or public performance or reproduction of any

portion of the Event or related events (“Works”) for any commercial or non-personal purpose; or (3)

livestreams of any portion of the Event or related events (“Livestreams”). Notwithstanding the

foregoing, Holder agrees that by causing their ticket to be used for entry to the Event, Holder shall be

deemed to have signed the ticket and granted the Games an exclusive worldwide, irrevocable,

perpetual, sub-licensable, royalty-free license to all rights associated with any Works, Livestreams, and

Descriptive Data. Holder grants irrevocable permission to the Games, and their respective sponsors,

licensees, advertisers, broadcasters, designees, partners and agents to use, publish, distribute and/or

modify Holder’s image, likeness, 2 voice, actions and statements in any medium including, without

limitation, audio, video, or images of the Event for any purpose without further authorization or

compensation, and waives all claims and potential claims relating to such use unless prohibited by law.

Any collection, use, and/or disclosure of Holder data in connection with Holder’s use of the ticket

license, attendance at the Event, or use of the websites, mobile applications, and other online or offline

services of the Games, including without limitation use of the any Wi-Fi network, (the “Services”), are

subject to the event's Privacy Policy at thefloridamangames.com/terms

which provides greater detail on how Holder personal information may be used and how to exercise any

rights Holder might have under applicable law. By using the Services, Holder acknowledges that they

have read and understood the terms of the Games’ Privacy Policy.

HOLDER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident

to the Event and related events, including the risk of personal injury (including death), exposure to

communicable diseases, viruses, bacteria or illnesses, or the causes thereof, or lost, stolen or damaged

property, whether occurring before, during, or after the Event, however caused, and hereby waives all

claims and potential claims relating to such risks, hazards and dangers. NOVEL CORONAVIRUS SARS-COV-

2 (TOGETHER WITH ANY VARIATION THEREOF, “COVID19”) IS AN EXTREMELY CONTAGIOUS DISEASE

THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CDC ADVISES THAT SENIOR CITIZENS AND THOSE

WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. AN INHERENT RISK OF

EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. BY ENTERING THE FIELD

AND FIELD GROUNDS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19.

RELEASE, WAIVER & COVENANT NOT TO SUE. On behalf of Holder and Holder’s Related Persons,

Holder knowingly and voluntarily releases and covenants not to sue each of the Released Parties with

respect to any and all claims that Holder or any of Holder’s Related Persons may have or hereafter

accrue, against any of the Released Parties, that relate to any of the risks, hazards and dangers

described above, including without limitation any and all claims that arise out of or relate in any way to

Holder’s (i) entry into, or presence within or around, the Event (including all risks related thereto,

including without limitation in parking areas or entry gates, or associated with locations near the Field)

or compliance with any rules, regulations or protocols applicable to the Event; (ii) interaction with any

personnel of any of the Released Parties at the Event, or (iii) exposure to COVID-19, in each case

 

whether caused by any action, inaction or negligence of any Released Party or otherwise. Holder agrees

to indemnify and hold harmless the Games, the City of St. Augustine, and any applicable third party

promoter and each of their respective subsidiaries, affiliates, owners, members, managers, employees,

directors, officers, agents and partners from and against any and all liabilities, claims, damages, losses,

costs and expenses (including reasonable professional and/or attorneys’ fees and costs) relating to or

arising out of your use of the ticket. HOLDER UNDERSTANDS THAT THEY ARE RELEASING AND WAIVING

CERTAIN POTENTIAL RIGHTS HELD BY HOLDER.

As used herein: “Related Persons” means Holder’s heirs, assigns, executors, administrators, next

of kin, anyone attending the Event with Holder (which persons Holder represents have authorized

Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting

to act on Holder’s or their behalf. “Released Parties” means: (i) The Florida Man Games, LLC, City of St.

Augustine, and each of their respective direct and indirect affiliates, administrators, designees,

licensees, agents, owners, officers, directors, employees, contractors (and their employees) and other

personnel; (ii) the direct and indirect owners, lessees and sublessees of Francis Field and related

grounds (including, without limitation, parking areas and entry gates) (“Field”); (iii) all third parties

performing services at the Field; and (iv) any parents, subsidiaries, affiliated and related companies and

officers, directors, owners, members, managers, partners, employers, employees, agents, contractors,

subcontractors, insurers, representatives, successors and/or assigns of each of the foregoing entities

and persons, whether past, present or future and whether in their institutional or personal capacities.

As the Holder, you agree, on behalf of yourself and on behalf of any other person for whom you

are obtaining this ticket, that you will not attend the Event if, under the CDC’s guidelines in effect at the

time of the Event, it is recommended that, as of the date of the Event, you stay at home, quarantine

and/or isolate (e.g., as a result of your testing positive, developing symptoms, or having a direct

exposure to someone who has tested positive for COVID-19). For reference, the CDC’s current

recommendations are available here: https://www.cdc.gov/coronavirus/2019-ncov/your-

health/quarantineisolation.html

As the Holder, you grant to Management the irrevocable permission to use your name, image,

voice, persona, likeness, actions and/or statements in any media, now or hereafter existing, in

connection with all or any part of the Event or related events, without further consent or compensation,

for any purpose whatsoever, including for commercial purposes of Management, or their respective

sponsors, licensees, advertisers or broadcasters, and you hereby waive any and all claims or potential

claims relating to such use. Admission to the Field constitutes your consent to be photographed, filmed,

videotaped or otherwise recorded in connection with the Event and to have your name, image, voice

and likeness be broadcast, distributed or displayed in connection with any work created from the Event

without any compensation paid to you. You acknowledge that you have no expectation of privacy in

connection with your attendance at the Event. As the Holder, you agree to abide by all security policies.

An exception will be made for medically necessary items after proper inspection at a designated gate.

If any provision of this revocable license is determined to be invalid, illegal, or unenforceable, it

shall be deemed severed and not affect the enforceability of any other provisions, which shall be

enforced as if the revocable license did not contain the invalid, illegal, or unenforceable provision.

No course of dealing and no delay on the part of Games in exercising any remedy shall operate

as a waiver thereof or otherwise prejudice its rights or remedies, and no right, power or remedy

 

conferred hereby shall be exclusive of any other right, power or remedy referred to herein or now

hereafter available at law, in equity, by statute or otherwise, the parties having agreed that all remedies

are cumulative. The waiver of any breach of any covenant herein by Games shall not be construed as a

waiver of any subsequent breach of such covenant or any other covenant.

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