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Ticketing Contract

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SIXTHMAN – Simple Man Jam 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: January 15 2020. 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 Simple Man Jam taking place at Rosen Shingle Creek. 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 Simple Man Jam, 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

Simple Man Jam is a hotel festival (a “Festival”) featuring single or multiple headline musicians. Sixthman does not guarantee a right to specifically attend any particular concert on any particular date to be performed by any particular artist. Guest is purchasing accommodations at a specific Hotel during a specific period of time, during which time it is anticipated that headline musicians will perform multiple concerts at the Hotel during the Festival. Included in such purchase price, but ancillary thereto, is an entertainment package pursuant to which several artists will perform at a time or times during the Festival which times will be announced prior to Event and/or during the Event. While Sixthman will make efforts to avoid conflicting events and performances, Sixthman cannot guarantee that any Guest will be able to attend every performance at the Hotel. Sixthman makes no guarantee that any Guest will in fact be able to meet any of the musicians in person during the Event or Festival.

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 Festival shall be made in US Dollars. ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE. Sixthman accepts reservations and payments according to three schedules:

  1. Payment in Full Up Front;
  2. Payments over time on Sixthman’s Automatic Billing Plan; or
  3. 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 combined Festival fare and entertainment fees, Sixthman will collect in advance all taxes and hotel fees, including, without limitation, a booking fee. The parties agree that the consideration for the entertainment portion of the vacation including performance by all musicians at the Hotel during the Event shall be the sum of $250.00 (USD). The remaining consideration paid by each Guest for an Event or Festival shall be allocated to the Hotel accommodation portion including room and 3 days of breakfast. The individual making the reservation for Simple Man Jam 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 Simple Man Jam, 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 reservationSixthman 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. In some cases a signed RESERVATION CHANGE FORM may be required. This form can be found at http://www.sixthman.net/forms/changeform.pdf.

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/insurance.

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

By making the reservation for Simple Man Jam or by the accepting and/or using the Ticket Contract by the persons named thereon as Guests, and/or attending the Festival and any Festival-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.

6. Breach or Cancellation by Performing Artist

Sixthman enters into an agreement with performing artists at Simple Man Jam to be present during the Festival and to perform in accordance with certain terms. However, Sixthman shall not be liable or responsible for failure of any advertised artist or musician to appear or to perform under its agreement. Further, Sixthman shall not be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the hotel damage to the Hotel's facilities, requisition of the Hotel by governmental authority, illness, death of a family member or other cause or circumstance beyond Sixthman’s reasonable control. In the event of any failure of contracted artists to perform during an Event or Festival, Sixthman, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Event or the entertainment program or change the program or itinerary. In such case, Sixthman shall have no liability to any Guest for any loss, damage, cost or expense by reason of such change.

In any other case, including without limitation any breach of contract or failure to perform by any artist or musician, Guest and Sixthman acknowledge that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. Therefore, Guest agrees that the remedies described herein (substitution for any particular artist or musician or partial refund in the event of cancellation) represent fair compensation in the nature of liquidated damages to the exclusion of all other damages payable Sixthman, whether direct or indirect, proximate or incidental or consequential, for such modification, cancellation or termination of an Event or Festival by Sixthman. If an Event or Festival is canceled as the result of any material breach or gross negligence of Sixthman or of a contracted artist or musician, Guest shall be entitled to the sum of $250.00 representing a pro-rated amount of the entertainment portion of the consideration paid by Guest. No Guest shall be entitled to recover any incidental or consequential losses or damages sustained by him or her. Each Guest agrees this remedy shall be his or her exclusive remedy.

7. Public Performance

Sixthman may be recording (video, still photos, including sound) all public performances at an Event or Festival. 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.

8. Age Restrictions

You must be at least eighteen (18) years old to create a reservation and accept the Lead Guest responsibilities. 

9. Alcohol Policies

Rosen Shingle Creek has many bars and restaurants throughout the hotel as well as pool-side wait staff with a wide variety of beer, wine and spirits available for purchase. Sixthman and Hotel shall adhere to all federal and state laws regulating the sale and service of alcoholic beverages.

If you prefer to bring a unique craft beer or fix a homemade specialty cocktail for example, guests are welcome to bring beverages (alcoholic and non) for their own personal consumption to stock your suite at Rosen Shingle Creek. Please be aware that alcoholic beverages purchased off property and coolers must be brought directly to your room and are not permitted in public areas.

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, Event, or Festival. 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. Furthermore, Sixthman has a zero tolerance policy regarding underage consumption of alcohol and the use, possession, purchase or distribution of illegal controlled substances. Sixthman and Hotel shall adhere to all federal and state laws regulating the sale and service of alcoholic beverages. Additionally, due to the nature of this program, Sixthman and the Hotel will require guests to wear a wristband that indicates they are official event participants. Wristbands will be provided by Sixthman and limited to one per paid guest and will only be issued with proof of ID. They will be colored coded for guests over 21 and for guests 20 years old and under. ID age verification checks may still be required if any hotel or Sixthman staff member requests so from guest. 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 Simple Man Jam, 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.

Copyright © 2020 Sixthman. All Rights Reserved.

 

Exhibit A

Event:            Simple Man Jam (August 20 - August 24, 2020)
Hotel:          Rosen Shingle Creek, Orlando, USA

Payment Schedule - King Rooms:

  • $250 per person due at the time of reservation and;
  • Another $300 per person is due on February 22, 2020
  • Another $350 per person is due on March 22, 2020
  • Another $400 per person is due on April 22, 2020
  • Remaining 100% is due on May 22nd, 2020

Payment Schedule - Parlor Rooms:

  • $350 per person due at the time of reservation and;
  • Another $400 per person is due on February 22, 2020
  • Another $500 per person is due on March 22, 2020
  • Another $550 per person is due on April 22, 2020
  • Remaining 100% is due on May 22nd, 2020

Payment Schedule - Queen Rooms:

  • $250 per person due at the time of reservation and;
  • Another $300 per person is due on February 22, 2020
  • Another $350 per person is due on March 22, 2020
  • Another $400 per person is due on April 22, 2020
  • Remaining 100% is due on May 22nd, 2020

Payment Schedule - Suite Rooms:

  • $350 per person due at the time of reservation and;
  • Another $400 per person is due on February 22, 2020
  • Another $500 per person is due on March 22, 2020
  • Another $550 per person is due on April 22, 2020
  • Remaining 100% is due on May 22nd, 2020

Reservations made after the final payment date of May 22, 2020, require a minimum $500 deposit, and must be paid in full within 30 days of the booking or 35 days from the check in date (July 16, 2020), whichever comes first.

Any reservation change made after May 22, 2020 may be subject to administrative fees, in the amounts as follows:

May 23, 2020 through August 13, 2020 - $75 per change

August 14, 2020 through August 20 - $100 per change

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