TOTCF Terms and Conditions

Tales of the Cocktail Foundation Terms and Conditions – 2024

1. Contract. This ticket is a contract between the Tales of the Cocktail Foundation (“TOTCF”) and the holder of the ticket (“agreement”). By using this ticket and attending the event for which this ticket is issued, the Tales of the Cocktail 2024 events between July 21, 2024 and July 26, 2024 with events and activities occurring through that time period, including, but not limited to, any virtual events associated with the Tales of the Cocktail 2024 (the entire period between July 21, 2024 and July 26, 2024 or any individual activity occurring during that time period, whether in person or virtually, is hereinafter referred to as the “Event”), the holder of the ticket (“Holder”) agrees to be bound by all of the terms of this agreement.

2. Entry to the Event. Entry to the Event is only for persons aged 21 and over, a valid photo identification may be required. 

    1. TOTCF reserves the right to refuse entry to the Event to any person who has been banned from, or disruptive at, a previous TOTCF event. Such person shall be deemed a trespasser and will be removed from the Event.

3. Resale of Tickets. Resale or attempted resale of this ticket is prohibited. 

4. Assumption of the Risk/Indemnification. Holder assumes all risks and dangers of personal injury, illness, property damage arising from or related to the Event whether occurring prior to, during, or after the Event, howsoever caused and whether by negligence, gross negligence or otherwise. Holder expressly agrees to defend, indemnify, release and hold harmless TOTCF, the venue for any Event, and each of their subsidiary, affiliates, related entities, and the officers, directors, members, partners, volunteers, employees and agents of each of them (collectively, the “TOTCF Group”) from any losses, claims, demands, causes of action, damages, medical bills, liabilities, costs (including attorney fees or legal costs) and/or suits (“Claims”) asserted by Holder arising from, relating to or otherwise occurring at or in connection with the Event, even if caused in whole or in part by TOTCF Group’s negligence, gross negligence or other fault. Holder further agrees to defend, indemnify, release and hold harmless TOTCF Group from and against any and all Claims asserted by third parties against TOTCF Group where such Claims are caused in whole or in part by Holder’s actions, Holder’s negligence, gross negligence, intentional acts, or wanton and reckless disregard for the safety of third parties. 

5. Responsibility for Property. TOTCF Group is not liable for any loss, damage, or theft (including any direct, indirect or consequential loss or damage) to or of Holder’s property. 

6. Distribution of Media. Holder agrees not to transmit, distribute, post on social media, or sell (or aid in transmitting, distributing, or selling), in any media now or hereafter existing, any description, account, picture, video, audio or other form of reproduction of any Event, Event information, or any surrounding activities (in whole or in part) relating to the Event for any commercial purpose without the consent of TOTCF.  Holder acknowledges that such transmission, distribution, or sale would violate the intellectual property rights of third parties, including, but not limited to, sponsors of TOTCF.  

7. Exclusive Owner of Intellectual Property. TOTCF is the exclusive owner or licensee of all intellectual property rights to the Event and all filming, photography and images of the Event. Holder consents to be taped, photographed, and recorded. Holder grants to TOTCF, and its designees and agents, the right in perpetuity throughout the world to utilize Holder’s image, likeness, voice, actions and statements (i) in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, and/or (ii) in connection with the promotion of TOTCF and its programs, generally, without further authorization or compensation.

8. FILMING/PHOTOGRAPHY NOTICE By registering for Tales of the Cocktail, you consent to be photographed, filmed and/or otherwise recorded at any Tales of the Cocktail affiliated events. Your registration constitutes your consent to such photography, filming, and/or recording and to any use, in any and all media throughout the universe in perpetuity, of your appearance, voice, and name for any purpose whatsoever in connection with the production being produced by Tales of the Cocktail® and its partners. Tales of the Cocktail has the right to assign these images/recordings. You understand that all photography, filming and/or recording will be done in reliance on this consent given by you by your registration. If you do not agree to the foregoing, please do not register.

9. Right to Search Property. TOTCF reserves the right to search Holder and Holder’s belongings upon entry into the Event. Holder consents to such searches and waives any related claims that might arise against TOTCF or the venue. 

10. Cancellation or Changes to the Event. All ticket sales for the Event are final and non-refundable.

    1. TOTCF may make changes or cancel the Event in its sole discretion, however, TOTCF will use reasonable efforts to provide a program and content of equivalent standard. TOTCF reserves the right at any time to: change the format (including, but not limited to, having the entire Event occur “virtually” over the internet), program participants, content, location, venue and timing or any other aspect of the Event.
    2. No refunds on tickets will be issued as a result of changes to the Event or cancellation of the Event of if Holder violates any of the terms hereof. 

11. COVID-19 Policies And Procedures.

      1. Holder shall comply with all health directives in place at the time of the Event, including, but not limited to, any federal, state, local, TOTCF, or Event venue guidelines, directives or regulations (collectively “Directives”). Holder agrees that if he/she does not follow these Directives, he/she will be removed from the Event and no refund will be issued. 
      2. To the fullest extent permitted by law, Holder acknowledges the risks associated with attending the Event as a result of the COVID-19 pandemic, and accepts those risks voluntarily. Holder agrees to release, defend, indemnity and hold harmless TOTCF Group from and against any Claims arising from, relating to or otherwise occurring at or in connection with the Event that Holder may suffer or sustain, directly and indirectly in connection with, or related to, the COVID-19 virus, even if caused by the negligence or gross negligence of TOTCF Group. 
      3. If Holder is unable to attend the Event because they have contracted COVID-19, no refunds on the ticket will be issued. 

12. Code of Conduct. Holder shall abide by the TOTCF “Code of Conduct” at all times during the Event, whether participating in person or through a virtual application. The Code of Conduct is incorporated into this agreement as if restated herein in full. The “Code of Conduct” is available at Holder further agrees that: 

        1. No person under 21 years may consume alcohol or participate in the Event, whether in person or in any virtual or online platform.
        2. No person may bring their own alcohol into any venue for the Event. 
        3. A person who is intoxicated will not be permitted to enter any Event and will not be issued a refund on the ticket price. Any person who is intoxicated during the Event will be removed at the discretion of the venue for the Event or the TOTCF. 
        4. Holder agrees to conduct himself/herself with the utmost discretion and will not harass, threaten, abuse or otherwise interfere with the enjoyment of other participants in the Event. TOTCF and any Event venue reserve the right to remove any person at any time from the Event for such conduct and no refunds will be issued. 
        5. Holder acknowledges that TOTCF has the right to moderate, alter, modify, or remove any content posted or shared by Holder in connection with online portion of the Event for any reason. However, TOTCF is not obligated to moderate, alter, or remove any content. Any content posted or shared by Holder shall comply with the TOTCF Code of Conduct and will not be harassing, threatening or abusive toward others and will not promote, encourage or condone drinking and driving, the irresponsible consumption of alcohol or be targeted at the underage drinking of alcohol. 

13. Breach of these Terms. If Holder breaches any of the terms of this agreement, does not comply with Event, venue or other rules, or commits any misconduct, Holder may be refused admission or ejected from the Event, and Holder will be subject to any and all remedies available to TOTCF under this agreement or the law.

14. Disputes. This agreement shall be construed under and governed by the laws of the state of Louisiana, without reference to any conflicts of law provisions. Any and all disputes arising out of or relating to the Event or this agreement shall be resolved through litigation in Civil District Court for the Parish of Orleans

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