OPENING ACT LEVEL MEMBERSHIP INCLUDES:
2 VIP Hospitality Area Passes per Day
HIGH NOTE SOCIETY MEMBERSHIP CONTRIBUTIONS HELP CLEARWATER JAZZ HOLIDAY FOUNDATION, INC. SUPPORT AND SUSTAIN THE FESTIVAL TRADITION AND YEAR-ROUND EDUCATION & OUTREACH INITIATIVES AND SPECIAL EVENTS. BY PURCHASING A HIGH NOTE SOCIETY MEMBERSHIP, MEMBER UNDERSTANDS AND AGREES ALL FUNDS CONTRIBUTED WILL BE NON-REFUNDABLE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, IF THE EVENT IS DELAYED OR MUST BE CANCELLED IN WHOLE OR IN PART DUE TO WEATHER, FEDERAL, STATE, AND/OR LOCAL MANDATES OR OTHERWISE RELATED TO THE COVID-19 PADNEMIC, OR FOR ANY OTHER REASONS. THE CLEARWATER JAZZ HOLIDAY FOUNDATION SHALL NOT HAVE ANY OBLIGATION TO REFUND ALL OR ANY PORTION OF MEMBER’S CONTRIBUTION. IF YOU DO NOT CONSENT TO ALL OF THE TERMS CONTAINED HEREIN AND UPON YOUR PURCHASE, YOU ARE PROHIBITED FROM ENTERING CLEARWATER JAZZ HOLIDAY. BY ENTERING CLEARWATER JAZZ HOLIDAY, YOU AGREE TO ALL TERMS OF ENTRY.
This is a Rain or Shine event. NO REFUNDS
If the event is delayed or must be cancelled in whole or in part due to weather, federal, state and/or local mandates or otherwise related to the COVID-19 pandemic, or for any other reasons, there shall be NO REFUNDS
Clearwater Jazz Holiday serves as fundraisers for the Clearwater Jazz Holiday Foundation, which also delivers year-round Education & Outreach programs, special funding, and learning experiences
IF YOU DO NOT CONSENT TO ALL OF THE TERMS CONTAINED HEREIN, YOU ARE PROHIBITED FROM ENTERING THE CLEARWATER JAZZ HOLIDAY EVENT.
BY ENTERING THE CLEARWATER JAZZ HOLIDAY EVENT, YOU AGREE TO THESE TERMS OF ENTRY.
ASSUMPTION OF RISK
YOU VOLUNTARILY ASSUME ALL RISKS, HAZARDS, AND DANGERS incident to attending the CLEARWATER JAZZ HOLIDAY event ( "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.
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, SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. BY ENTERING THE EVENT, 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 TRANSMITTING THE COVID-19 VIRUS TO OTHERS DURING OR AFTER THE EVENT.
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 above, 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 (including all risks related thereto ) , or compliance with any protocols applicable to each Event; ( iii ) any interaction between you and any personnel of any of the Released Parties present at each Event; ( iv ) any act or omission on the part of any of the Released Parties in connection with monitoring or policing protocols applicable to each Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. 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.
As used herein, "Released Parties" means: ( i ) CLEARWATER JAZZ HOLIDAY FOUNDATION, INC. and its designees, licensees, agents, owners, officers, directors, general partners, partners, members, employees, contractors ( and all employees of such contractors ) and other personnel; ( ii ) Phillies Florida LLC, The Phillies and the City of Clearwater; ( iii ) the direct and indirect owners, lessees and sublessees of the Event grounds ( including, without limitation, parking areas ) ; ( iv ) all third parties performing services at the Event, including but not limited to artists, concessions, security; and ( v ) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, 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.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL CLAIMS IN ANY WAY RELATING TO OR ARISING FROM MY ENTRY INTO THE EVENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY JAMS WITH ONE ARBITRATIOR 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 PINELLAS COUNTY, FLORIDA.
IF THE FOREGOING IS INAPPLICABLE OR NOT ENFORCEABLE, 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 PINELLAS COUNTY, FLORIDA. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL.
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.
THE PREVAILING PARTY IN ANY PROCEEDING RELATING TO OR ARISING FROM MY ENTRY INTO THE EVENT SHALL BE ENTITLED TO RECOVER ITS 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.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. BY BRINGING A MINOR CHILD TO THIS EVENT YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT EVEN IF THE RELEASED PARTIES FAIL TO USE REASONABLE CARE 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 RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO BRING YOUR MINOR CHILD TO THIS EVENT.
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.
IF YOU DO NOT CONSENT TO ALL THE TERMS SET FORTH ABOVE, PLEASE DO NOT ATTEND THE EVENT.
CLEARWATER JAZZ HOLIDAY FOUNDATION IS A QUALIFIED 501( c ) ( 3 ) ORGANIZATION. CONSULT YOUR TAX ADVISOR. YOUR CONTRIBUTIONS ARE TAX DEDUCTIBLE TO THE AMOUNT ALLOWED BY LAW. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES ONLINE AT WWW.FRESHFROMFLORIDA.COM OR BY CALLING TOLL-FREE WITHIN THE STATE 1-800-HELP-FLA. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. FLORIDA DEPT. OF AGRICULTURE & CONSUMER SERVICES: CH15231 FEDERAL ID: 58-1910442
BY CLICKING ADD TO CART BUTTON AND PURCHASING TICKETS, YOU ARE AGREEING TO THE ABOVE TERMS.