IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF INJURY; ALL EVENT TIMES ARE SUBJECT TO CHANGE; THE WSL IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Please bring a passport or government-issued photo ID (e.g. driver’s license) and your TIXR ticket to gain access to the Event.
Please be sure to bring adequate sun protection including sunscreen, hats, etc. The Event site is on the beach and is exposed to a lot of sunlight and there may not be shade available in all areas of the Event. You may also be exposed to rapid and adverse changes in weather and ocean conditions.
By using your ticket, ticket holder ("Holder"), on his/her own behalf and on behalf of any minor accompanying Holder to the Event (defined below) ("Minor(s)"), agrees to the following terms and conditions (the "Agreement") which contains an AGREEMENT TO ARBITRATE and a class action waiver. The Association of Surfing Professionals LLC d/b/a World Surf League (“WSL”) may change the terms of the Agreement at any time, without notice, and Holder's use of your ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using your ticket and/or those of Minor(s):
Holder agrees that: (a) neither Holder nor Minor(s) will transmit or aid in transmitting any information about the event to which your ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-Event, post-Event or other activities, promotions or competitions offered in connection with the WSL’s Championship Tour surf competitions (collectively, the "Event) including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively, the "Event Information"); (b) the WSL and/or third-party event promoter, as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (c) the WSL and certain of its current and future sponsors, designees and licensees of WSL will have the unrestricted right and license to use Holder's image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of Minor(s) in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein to the WSL are assignable.
Holder (i) consents to allowing the WSL to inspect Holder's and/or Minor(s)' person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise, and (ii) acknowledges and agrees that Holder and/or Minor(s) may be denied entry to or ejected from the Event if Holder and/or Minor(s) is/are in possession of any item or object the WSL consider potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder and/or Minor(s) and waives any claims that Holder and/or Minor(s) might have against the "Released Parties" (as defined herein). Holder acknowledges the WSL have no liability for Holder's and/or Minor(s)' person or property.
The WSL reserve the right to terminate the license granted by your ticket and/or those of Minor(s) by tendering to Holder the purchase price printed on your ticket and/or those of Minor(s). Further, the WSL reserve the right, without refund of any portion of the purchase price, to revoke the license granted by your ticket and/or those of Minor(s) and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct violates the applicable guest Code of Conduct or is deemed by any of the WSL to be improper, disorderly or unbecoming; or (d) who uses vulgar or abusive language.
Holder assumes all risk associated with the purchase of your ticket and/or those of Minor(s) from anyone other than WSL or its designated agents. Neither your ticket nor those of Minor(s) may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the WSL. No offer to resell or resale of your ticket and/or those of Minor(s) is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any resale referenced above will invalidate the license granted by your ticket and/or those of Minor(s). Neither your ticket nor those of Minor(s) may be resold or offered for resale, and any person who sells or offers your ticket and/or those of Minor(s) for resale at any price will be removed from the premises and may be prosecuted.
WAIVER AND RELEASE OF LIABILITY
Holder recognizes that attendance of Holder and Minor(s) at the Event, or participation in any experience (e.g., surf lessons) if applicable, is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of his/her surroundings and the surroundings of Minor(s). By using your ticket or by attending, observing or participating in the Event, Holder acknowledges and assumes all risks and dangers associated with Holder and/or Minor(s) (i) being a spectator before, during, and after a heat, competition or other Event (including all warm-ups, practices, pre-Event, post-Event and other activities, promotions and competitions) and (ii) attending, observing or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by objects; fixtures; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators. Holder agrees that (a) the WSL, (b) the WSL' respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) all other WSL related entities, (d) the venue and the owners, operators and/or landlords thereof, (e) any local or state governmental body associated with the venue, (f) the ticket manufacturer and/or provider, and (g) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities (subsections (a) through (g), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder's and/or Minor(s)' (x) participation in, attendance at, and/or observation of the Event and/or (y) the negligence of any of the Released Parties (collectively, the "Released Claims"). Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder or Minor(s) from the Event appear.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE VENUE WITH THE MINOR(S).
Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys' fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder's and/or Minor(s)' attendance at, observation of, and/or participation in the Event, (ii) Holder's and/or Minor(s)' acts or omissions, or (iii) Holder's breach of any of the terms, conditions or representations made in the Agreement.
ENTERING THE FIELD OF PLAY OR WATER, DISRUPTING AN EVENT AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH AN EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER ("ARBITRATION AGREEMENT")
The WSL cares deeply about maintaining good relationships with fans. If you have a problem with your ticket and/or those of Minor(s) or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute involving a U.S. based Event that is not resolved informally must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Holder and the WSL agree to arbitrate any and all claims and disputes relating in any way to Holder's purchase or use of your ticket and/or those of Minor(s), Holder's and/or Minor(s)' participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Holder's and/or Minor(s)' attendance at and/or participation in the Event ("Arbitration Claims"), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and not by state law.
In any Arbitration Claim to be resolved by arbitration, neither Holder nor the WSL will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the WSL would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the WSL each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the city where the venue is located. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator's authority is limited to Holder and the WSL alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, Minor(s) and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The WSL will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the WSL may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the WSL each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Event. You must send your request to: WSL, Attn: Office of the General Counsel, Re: Arbitration Opt Out, 147 Bay Street, Santa Monica, 90405. The request must include your full name, address, account number, and the statement "I reject the Arbitration Agreement contained in my Event Ticket." If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the WSL shall be sent by mail to WSL, Attn: Office of the General Counsel, 147 Bay Street, Santa Monica, 90405., Re: Arbitration Claim. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.
IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE VENUE WITH THE MINOR(S).
NOTICE
Retain possession of your ticket until the Event is completed. Your ticket cannot be replaced if lost, stolen or destroyed.
Your ticket is good only for this particular Event and the specific day(s) for which it was purchased and no part of the purchase price will be refunded by reason of the failure of Holder to use it for those days of the Event.
Participation in any experience (e.g., surf lessons) may require acceptance of additional terms and conditions and other reasonable waivers as deemed necessary by WSL.
Holder agrees that the Event is subject to factors beyond the reasonable control of WSL. For safety reasons, WSL reserves the right to, without any prior notice or compensation to Holder: to postpone, cancel, interrupt or stop the Event; provisionally keep visitors on the Event site at the end of the Event; totally or partially vacate the Event site; and deny access to the Event site regardless of the possession of a valid entry ticket.