ENTRY TERMS
sunset music festival ENTRY TERMS (“TERMS” OR “ENTRY TERMS”)
By participating in and attending the Sunset Music Festival (the “Event”), being produced by Heartbeat International Foundation, Inc. and Sunset Music Presents, LLC (together, “Sunset”), at the Raymond James Stadium (the “Stadium”), you acknowledge having read the below entry terms (“Terms”), understand their meaning and legal implications, and agree to them.
If you do not consent to all of the Terms contained herein, you are prohibited from entering the Event and the related Stadium grounds (including, without limitation, parking areas and entry gates) (collectively, the "Event Grounds"). By entering any of these areas, you have agreed to these Terms.
All prior agreements, including, but not limited to, the Event ticketing terms and conditions and COVID-19 waiver and release (collectively, the “Event Documents”), which you can find on the Event’s official website (https://smftampa.com/), between you and Sunset shall remain in effect. Should a conflict arise between these Terms and the Event Documents, the Event Documents shall prevail.
1. Assumption of Risk. You voluntarily assume all risks, hazards, and dangers incident to attending the Event, including, without limitation, the risk of contracting a communicable disease or illness, (including exposure to a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), and any other injury risks (including death) associated with being in, at or around the Event Grounds. An inherent risk of exposure to COVID-19 exists in any public place where people are present, including those with or without masks and additional personal protective equipment ("PPE") or improperly using masks or PPE. COVID-19 is an extremely contagious virus that can lead to severe illness and death. According to the Centers for Disease Control and Prevention (“CDC”), senior citizens and those with underlying medical conditions are especially vulnerable. By entering the Event Grounds, you voluntarily assume all risks related to exposure to COVID-19, including, but not limited to, exposure to carriers of the virus who do not have symptoms of COVID-19 and/or you are transmitting the COVID-19 virus to others during or after the Event.
2. Release, Waiver, Covenant Not to Sue, and Indemnification. You hereby release, waive, and covenant not to sue each of the Released Parties (defined below) with respect to any and all claims, including for negligence and/or wrongful death, that you may have (or hereafter accrue), against any of the Released Parties, that relate to any of the risks, hazards and dangers described in the preceding paragraph, including without limitation any and all claims and damages of any kind or character that arise out of or relate in any way to (i) your exposure to COVID-19; (ii) your entry into, or presence within or around, the Event Grounds (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Event; (iii) any interaction between you and any personnel of any of the Released Parties present at the Event; (iv) any act or omission on the part of any of the Released Parties in connection with monitoring or policing protocols applicable to the Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. These Terms shall not preclude an employee from asserting a worker's compensation claim against his/her employer. To the extent that you, or persons who claim that they contracted COVID-19 from you, file a claim, suit or arbitration against any of the Released Parties arising from or relating to these Terms or the Event, you hereby agree to fully indemnify and hold harmless the Released Parties against such claim, suit or arbitration to the fullest extent permitted by law. It is acknowledged and agreed that the Released Parties are using commercially reasonable efforts to ensure and enforce compliance with applicable CDC guidelines and state and local laws for protection against COVID-19 ("COVID-19 Best Practices"), however, notwithstanding, you agree to release, discharge, indemnify and hold harmless the Released Parties for any failure of the Released Parties to ensure or enforce any COVID-19 Best Practices.
3. As used herein, "Released Parties" means: (i) Heartbeat International Foundation, Inc., Sunset Music Presents, LLC, DDP Worldwide Inc, Disco Donnie Presents, LLC, Sunset Events, LLC, Amphitheatre Ybor LLC, Tampa Sports Authority, RJS Stadium, a Commercial Condominium Association, Hillsborough County, the City of Tampa, (and all employees of such contractors) and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Event and related Event Grounds (including, without limitation, parking areas and entry gates); (iii) all third parties performing services on the Event Grounds, including, but not limited to, Legends Hospitality, LLC, Fanatics Retail Group Concessions, LLC, Sentry Event Services, Inc, and Performance Clean, LLC; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, attorneys, employers, employees, agents, contractors, sub-contractors, 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.
4. You grant irrevocable permission to the Event and its sponsors, licensees, advertisers, broadcasters, designees, partners and agents to use publish, distribute, edit, modify and/or alter your image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, transmission, publication or reproduction of the Event for any purpose without further authorization or compensation, and you waive all claims and potential claims relating to such use unless prohibited by law.
5. Arbitration; Jury Trial Waiver; Class Action Waiver; Choice of Law and Tort Claim Forum Selection: Florida law, without regard to conflict of law principles, governs these Terms and any controversy or claim arising out of or in any way relating to these Terms, or breach thereof, including, but not limited to, negligence claims and tort claims of any kind, statutory claims of any kind or any other claims for relief under any other legal theories.
6. Except as expressly provided herein, all claims in any way relating to or arising from my entry into the Event Grounds shall be resolved by binding arbitration administered by JAMS with a panel of three (3) arbitrators under its comprehensive arbitration rules and procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Such arbitration shall adhere to JAMS’ minimum standards for arbitration procedures, remain confidential, and be held in Tampa, Florida.
7. Notwithstanding the foregoing, any tort or tort-related claim (including, but not limited to, negligence claims and statutory claims) in any way relating to or arising from my entry into the Event shall be litigated in a court of competent jurisdiction in Hillsborough County, Florida. each party waives the right to a jury trial. Further, each party waives the right to a court trial with respect to non-tort claims hereunder.
8. Each party agrees that they will resolve all disputes on an individual basis. The parties waive any right to assert any dispute against any other party as a representative or member in any class, collective, consolidated, or representative action, whether during binding arbitration, or litigation, except where such waiver is prohibited by law or deemed by a court of competent jurisdiction construing this agreement to be against public policy and any rights to participate in, and agrees not to participate in, any class action, representative action, class arbitration, consolidated arbitration or court proceeding, or any similar proceeding, with respect to all claims hereunder.
9. The prevailing party in any proceeding relating to or arising from my entry into the Event Grounds shall be entitled to recover its reasonable attorneys' fees and costs, including the costs of arbitration or litigation as the case may be, from the other party to the fullest extent permitted by law.
10. Notice to the Minor Child's Natural Guardian. Read this Section 10 completely and carefully. You are agreeing to let your minor child engage in a potentially dangerous activity. You are agreeing that, even if the Released Parties use reasonable care in providing this activity, there is a chance your child may be seriously injured or killed by participating in this activity because there are certain dangers inherent in the activity which cannot be avoided or eliminated. By accepting these Terms, you are giving up your child's right and your right to recover from Released Parties in a lawsuit for any personal injury, including death, to your child or any property damage that results from the risks that are a natural part of the activity. You have the right to refuse to accept these Terms, and Sunset has the right to refuse to let your child participate in the Event if you do not accept these Terms.
11. If any provision of these Terms is determined to be invalid or unenforceable, such provision will be amended to the minimum extent necessary to make such provision enforceable and the remainder of these Terms will not be affected, but will continue to be valid and enforceable to the fullest extent permitted by law.
12. If you do not consent to all the Terms set forth above, you must leave and not enter the Event Grounds.
Revision Date: May 17, 2021