Ticket License Agreement
The 2010 Alltech FEI World Equestrian Games has established the following terms and conditions under this Ticket License Agreement (the “Agreement”) for Ticket Sales to the Games. This agreement outlines the rights, privileges and responsibilities of an Account Holder and a Ticket Bearer (as defined below) and applies to the sale of all Tickets including sales by phone, over –the-counter and through the Internet (whether sold by request or through “real time” transactions). Please read this Agreement carefully. By ordering a Ticket, an Account Holder certifies that he or she has read, understood and accepted each of the terms and conditions contained in this Agreement. By accepting a Ticket, a Ticket Bearer also certifies that he or she has accepted each of the terms and conditions contained in this Agreement.
(a) “Account Holder” means the Person who has ordered and paid the WEG for one or more Tickets and who is registered in the WEG records as the holder of World Equestrian Games tickets. If the Account Holder transfers any Ticket to a third Party Ticket Bearer, the Account Holder has the obligation to inform such Ticket Bearer of his or her rights, privileges and responsibilities under this Agreement. An Account Holder is authorized to transfer a Ticket to a Ticket Bearer who is employed by the Account Holder or is a family member or friend of, or has a pre-existing business relationship with, the Account Holder. However, an Account Holder is not authorized to resell or auction Tickets for monetary gain other than through the World Equestrian Games Ticket Management Program. Any Account Holder who resells or auctions from any other unauthorized source shall be considered an unauthorized Ticket reseller under this Agreement. In the event it is necessary that refunds be given in respect of any Ticket, only the Account Holder is eligible to apply and receive the refund.
(b) “Games” means the 2010 Alltech FEI World Equestrian Games.
(c) “FEI” means the Federation Equestrian International.
(d) “Person” means an individual, partnership, firm, corporation, association, trust, unincorporated organization or other entity.
(e) “Session” means the period of time at a Venue for which the single Ticket to a specific discipline has been sold (i.e. the morning Session of Dressage on September 27). A Session may be for the Opening Ceremony or Closing Ceremony for the Games or a Session may be a period of time during which a specific discipline event for the Games are held, depending on the Ticket that has been sold. The term “Session” encompasses all competitions or productions during the time period covered by an individual Session.
(f) “Ticket” means a revocable license from the WEG for a Person to be admitted to a Venue to view a Session.
(g) “Ticket Bearer” means a Person who requests admission to a Session and has a valid Ticket to such Session. A Ticket Bearer may also be an Account Holder, or a Person other than the Account Holder.
(h) “Ticket Order” means an Account Holder’s order for purchasing Tickets to one or more Sessions. A Ticket Order will be authenticated by an Account Holder’s payment for and acceptance of one or more Tickets.
(i) “Ticket Program” means the World Equestrian Games program for selling Tickets to the Games.
(j) “WEG” means the World Games 2010 Foundation, Inc., the Organizing Committee.
(k) “Venue” means the location for which a Ticket or other form of credential validly issued by WEG is required for entry for the Games.
(l) “Venue Code of Conduct” means the set of rules outlined in this Agreement governing the conduct of a Ticket Bearer attending a Session at a Venue.
(a) Customers may purchase tickets by going to www.alltechfeigames.com or www.ticketmaster.com . As well as visiting any Ticketmaster outlet or calling 800.745.3000.
(b) The Account Holder is solely responsible for all required payments in connection with a Ticket Order (including all processing and handling fees) or with the use of a ticket (including access to Games transportation systems) and for complying with all of the terms and conditions of the Agreement. WEG shall have no obligation or liability whatsoever for any failure by the Account Holder to fulfill his or her responsibilities.
(c) Full payment is required with each Ticket Order unless otherwise specified by WEG.
(d) All Ticket sales are final. No change or cancellation of a Ticket Order by an Account Holder or exchange of any Tickets will be permitted after a Ticket Order has been completed except as specifically authorized and facilitated by WEG.
(e) WEG reserves the right to establish and enforce limits on the number of tickets which may be requested or allocated on a per event or aggregate basis.
(f) The purchase of Tickets is subject to availability.
WEG reserves the right to cancel Tickets that WEG determines have been obtained from an unauthorized Ticket reseller or are in the hands of an unauthorized Ticket reseller and to terminate the license granted by a Ticket obtained from or in the hands of an unauthorized Ticket reseller and in any such case no refund shall be made in respect of such Tickets.
Delivery of Tickets
Tickets are issued as a means of identifying Persons to whom the license to attend a Session in a Venue has been granted. WEG at all times shall be the sole and exclusive owner of the Ticket, the Account Holder and any subsequent Ticket Bearer having only the privilege of admission in respect of which the Ticket is evidence. A Ticket in the possession of any person must be produced for inspection by WEG at any time upon WEG’s request that it be produced. Failure to produce a valid Ticket by a person found within any area in respect of which a Ticket is required will be grounds for removal of that person from the premises. A Ticket in the possession of a person not authorized pursuant to this Ticket License Agreement to have possession of that Ticket shall be subject to surrender to WEG upon demand.
(a) Once the Tickets are received by the Account Holder (if purchased in person) or are delivered by WEG, the Account Holder (and the Ticket Bearer at the Venue) is solely responsible to safeguard all Tickets. Tickets that are lost, stolen, forgotten, mutilated or destroyed will not be replaced. Tickets that are unreadable due to mutilation of any kind will not be accepted for admission. Spectators in possession of Tickets which have been lost or stolen may be subject to prosecution and/or removal from the venue and/or property.
(a) A Ticket to a Session is a revocable license to the Ticket Bearer from WEG to be a spectator at that Session. The Account Holder has the sole responsibility for complying (or causing the Ticket Bearer to comply) with the Venue Code of Conduct set out below, and WEG reserves the unrestricted right to terminate the license granted by a Ticket, without cause and for any reason, including any of the reasons outlined in this Agreement, immediately and without having to make any refund to the Account Holder or to the Ticket Bearer or to any other Person. All disputes concerning a Ticket to a Session and the Account Holder’s or Ticket Bearer’s rights there under and all other disputes and matters whatsoever arising under, in connection with or incident to this Agreement (including disputes relating to Ticket Orders and attendance by a Ticket Bearer at any Session and all other matters covered by this Agreement) shall be governed by American law and shall be litigated, if at all, in and before a court of competent jurisdiction located in Lexington, Kentucky, to the exclusion of the courts of any other city, state or country.
(b) WEG reserves the right to reassign a Ticket Bearer’s seat location, if any, to a comparable location in the event of any Venue or Session related logistical reason.
(c) Dates and Times of Sessions are subject to change at any time, either before or during the Games. WEG reserves the right to delay, postpone or cancel any Session for any reason, including changing weather conditions and safety issues. There will be no refunds of Tickets as a result of a change in the data or time of a Session or for any other reason unless an Account Holder qualifies for a refund under the Cancellation Policy set forth below.
Accessibility to Persons with Disabilities
WEG does not discriminate on the basis of disability and will, subject to availability, make Ticket accommodations for individuals with disabilities in accordance with federal law.
(a) If a Session is delayed (i.e. the Session does not commence at the original start time and then is completed within the same Session on the same day) Ticket Bearers holding Tickets for the delayed Session can use their original Tickets (full or stubbed) and are not eligible for a refund. This is the sole and exclusive remedy to which such Ticket Bearer and any associated Account Holder are entitled. There will be no exchanges of Tickets for another Session.
(b) If a Session commences as scheduled and is interrupted after it begins and WEG determines the Session was substantially completed there will be no refunds or re-admissions, even if a portion of the Session is re-scheduled within another Session.
(c) If a Session is interrupted for any reason and is rescheduled, and WEG determines that the Session was not substantially completed, the Ticket Bearer may retain his or her original Ticket (full or stubbed) for admission to the new Session and such Ticket Bearer is not eligible for a refund. This is the sole and exclusive remedy to which such Ticket Bearer and any associated Account Holder are entitled. There will be no exchanges of Tickets for another Session.
(a) If a Session is cancelled for any reason (i.e. the Session is not held at all), the Account Holder may apply for a refund. This is the sole and exclusive remedy to which such Account Holder is entitled. There will be no exchanges of Tickets for another Session.
(b) There will be no on-site refunds for a cancelled Session. Refunds will be made by WEG only to the Account Holder. The Account Holder must submit a signed refund application form including the original Tickets (full or stubbed) and mail to WEG postmarked no later than December 1, 2010. If the Account Holder is not the Ticket Bearer, the Account Holder is solely responsible for recovering the Tickets to any cancelled Session from the Ticket Bearer and mailing the signed refund application and the surrendered Tickets or Ticket stubs to WEG.
If a Session is not completed after the start of the Session but WEG determines that Session was substantially completed, there will be no refunds for Tickets to that Session.
In the event any refund is to be made in respect of Tickets as specifically contemplated in this Agreement the whole of the stated price of the Ticket shall be refunded.
(a) Ticket Bearers are advised to allow sufficient time to travel to Sessions and to complete security and ticket checks. Tickets are non-refundable.
(b) No smoking, eating or drinking will be permitted on any WEG transportation vehicle.
(c) The Ticket Bearer agrees to abide by all other rules and safety regulations which may be posted on each particular transportation system.
Venue Code of Conduct
(a) Ticket Bearers agree that Tickets and admission to any Session shall not be used to allow a Ticket Bearer to engage in political, commercial, advertising or other promotional activities. Ticket Bearers may not solicit contributions or distribute literature or flyers or promotional merchandise at any Venue, or wear or bring political, advertising or other promotional or other commercial items or clothing into a Venue. Entry into a Venue will not be granted to any Ticket Bearer who is wearing or carrying any form of political, commercial, advertising or promotional message. Religious and racial propaganda and demonstrations are prohibited inside or in proximity to a Venue perimeter. Violators will be subject to removal from the KHP grounds without a refund.
(b) As a condition to receiving a Ticket and entry to a Venue, each Ticket Bearer grants permission to the FEI and WEG and third parties authorized by them, without requirement of the payment of money or other form of consideration, to use photographs, film, tape or other images or likenesses of such Ticket Bearer incidental to any live or recorded video display or other transmission or reproduction in whole or in part of the event to which the ticket admits him/her and further authorizes the use of the holder’s image or likeness in perpetuity in connection with the promotion of the World Equestrian Games. Each Ticket Bearer agrees that images and sounds of the Games obtained by such Ticket Bearer with cameras, video and/or audio devices or other means will not be used for broadcast, publication or any other commercial purposes under any circumstances whether on the internet or otherwise.
(c) Any person is prohibited from transporting into a WEG Venue any firearm, ammunition, dangerous weapon, explosive, chemical or incendiary device. Any person who is found to be in possession of any of the above noted item(s) will have the item(s) seized and may be subject to arrest and/or prosecution.
(d) Anyone found to have illegally entered a Venue will be detained and/or arrested for further investigation and may face criminal charges.
(e) Ticket Bearers found with prohibited items or found misusing restricted items inside a Venue are subject to having the items confiscated. WEG will have no obligation to return confiscated items. Any Ticket Bearer found with prohibited items or found misusing restricted items is also subject to being removed from the Venue without a refund to such Ticket Bearer or to his or her associated Ticket Holder. Any Ticket Bearer found with illegal items may be referred to local authorities for investigation.
(f) All Ticket Bearers must consent to inspection for prohibited and restricted items and also consent to any other security checks implemented by WEG. All Ticket Bearers agree to abide by all other rules and safety regulations established by WEG at each Venue (in addition to this Venue code of Conduct). Any Ticket Bearer refusing inspection or otherwise refusing to abide by WEG’s rules and safety regulations may be denied entry to a Session or may be removed from the Venue, all without a refund to such Ticket Bearer or to his or her associated Account Holder.
(g) All Ticket Bearers must retain their Ticket at all times while attending a Session or a General Admission Ticket and Tickets must be produced for inspection upon request of WEG authorized staff. Failure to do so may result in eviction from the venue.
(h) WEG reserves the right to refuse admission or remove any Ticket Bearer who fails to comply with applicable Venue Codes of Conduct and with the terms and conditions of the Agreement or who in the opinion of WEG is disruptive to the Session or the enjoyment, comfort or safety of other spectators. There will be no refund to such Ticket Bearer or to his or her associated
(i) A Ticket Bearer will only be granted one admission to a Session per Ticket.
(j) WEG reserves the right to change the Venue Code of Conduct in respect of any Venue.
No Commercial Use
(a) Resale or attempted resale of any Ticket at a price higher than that printed thereon unless authorized by the WEG, is grounds for seizure or cancellation/invalidation without refund or other compensation.
Tickets may not be used for advertising promotion (including contests and sweepstakes) or other trade purposes without the express written consent of WEG.
Disclaimer and Limitation of Liability and Scope of Agreement
(a) Ticket Bearers assume all risks and dangers incidental to each Session, whether at an outdoor venue or an indoor venue and whether occurring prior to, during or after the Session, including among other things, injuries caused by other spectators. By requesting admission to a Venue and presenting a Ticket, a Ticket Bearer acknowledges that there are inherent risks involved in traveling to and being present at both outdoor and indoor Venues, such as changing weather conditions, variations or steepness in terrain, distances between transportation drop-off and Venue locations, distances between and within Venues, surface or subsurface conditions such as bare spots, rocks, stumps and other structures and their components, collisions with athletes, volunteers, WEG employees, or other spectators or injury from high decibel level noises or bright lights, and the Ticket Bearer expressly assumes all such risks and dangers. A Ticket Bearer also assumes all risks that a Session may be postponed or cancelled without such Ticket Bearer viewing any particular athlete. A Ticket Bearer also assumes all risks of property loss at any venue.
(b) In no event will WEG or any other person involved in any way with WEG’s ticketing program be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential or punitive damages or for lost profits, claimed by an Account Holder or any Ticket Bearer in connection with any of the matters covered by this Agreement, whether for breach of contract, tortuous behavior, negligence, or any other cause of action, other than the exclusive remedies expressly outlined in the Agreement.