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Updated: January 2022

TICKET POLICIES,
CANCELATION,
POLICIES, & LEGAL
DISCLAIMERS

EVENT TICKETING AND EVENT SCHEDULE

1. Please be advised, the purchase and/or use of a ticket, and/or entry into venues (together referred to as "Event") shall constitute your unconditional acceptance to be bound by all of the terms and conditions within this agreement (the "Agreement") between you and the Tesoro Cigar Boutique LLC (DBA LUMI LUX LIFE, "Company")

2. By purchasing a ticket, you acknowledge and agree to follow all participating venue’s terms, conditions, and discretionary safety protocols, including but not limited to, social distancing guidelines and mask guidelines. A copy of such terms, conditions, and protocols can be found on each participating venue’s website.

3. You acknowledge that the Company or any participating venue reserves the right to change, modify, or alter any aspect of the Event (including, without limitation, the event schedule, the location of the event, the appearance of any performer or artists, and/or the order of performance of any performer or artist), at any time, for any reason whatsoever, without any prior notice or compensation to you. You understanding that the artists and/or lineup for the Event may be changed and that such occurrence shall not, under any circumstances, entitle you to any claim whatsoever, including, but not limited to, a refund of your ticket.

4. Tickets are sold per person and are subject to service charges and applicable taxes.

5. All Event participants must be 21 years of age or older to attend.

6. EXCEPT AS EXPLICITLY OTHERWISE PROVIDED HEREIN, YOU UNCONDITIONALLY UNDERSTAND THAT ALL TICKET SALES ARE FINAL. WE OFFER NO TICKET REFUNDS AND/OR EXCHANGES. WE DO OFFER CREDIT THAT CAN BE APPLIED TO A FUTURE LUMI EVENT OF EQUAL OR LESSOR VALUE.  THE EVENT IS A RAIN OR SHINE EVENT.

7. Event will not honor tickets sold by 3rd parties or scalpers, we will NOT service, support or honor any tickets obtained from any other source than the Event management. The resale, attempted resale, or purchase of your ticket at a price higher than the official purchase price from the authorized ticket agent is grounds for seizure and cancellation of said ticket without compensation. The only valid tickets are those purchased and/or redeemed through the Event’s website.

8. Event reserves the right to cancel or postpone the Event due to changing government mandates, protocols or operational needs related to COVID-19 safety compliance. If the Event is postponed due to safety concerns related to COVID-19, tickets will not be refundable non-replaceable, but they are transferable, and will automatically carry over to the Event’s new dates. There is nothing the ticket holder needs to do. Event attendees are strongly encouraged to follow all CDC, local, state, and federal guidelines for COVID-19 protocols. Please visit www.cdc.gov for more information regarding COVID-19.

`FORBIDDEN OBJECTS AND CONDUCT

9.  Cigar smoking is allowed in designated areas only per venue's discretion.

10. Behavior that adversely affects any other party’s enjoyment of the Event, or is determined by the Event management to be unsafe, illegal, or inappropriate, will result in ejection from the Event with no refund. If you fail to comply with such terms and conditions, you will be removed from the Event site, and, if necessary, Event staff may call on the police for assistance.

CONSENT TO PHOTOGRAPHY AND RECORDING

11. By attending the Event, you understand, agree, and acknowledge that (1) you may be photographed and filmed, and (2) you hereby provide the Company with your absolute, express consent to be photographed and filmed. You further understand and agree that these images and/or recordings can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for archival, promotional, and/or commercial purposes, in any manner, and in any media, now known or hereafter discovered, without any compensation to you. Your name, image, and/or your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio, visual, or audio-visual recording, photograph, or other reproduction or other publication of the Event (the “Footage”) and may also be used by or on behalf of the Company or any of the Company's parent entities, subsidiaries, affiliates, partners, sponsors, officers, shareholders, successors, licensees or assigns for any purpose, including, , but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.

LIMITATION OF LIABILITY / INDEMNIFICATION

12. By entering the Event, you assume any and all risk and/or danger, known and unknown, foreseeable and unforeseeable, resulting from, or incidental to, the Event, whether occurring prior to, during, or subsequent to, the Event, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. Your presence at the Event, whether occurring prior to, during or after the Event, including, but not limited to, any actions or omission of the Event.

13. You hereby indemnify and hold harmless the Company, their parent, affiliate, and subsidiary companies, and each of their respective representative, officers, directors, owners, members, trustees, agents, employees, successors, licensees and assigns, designated ticketing agent, Event sponsor/promoter, and the performing artists, including, but not limited to, their respective management, their agents, their staff, and their designees (collectively referred to as “Event Parties”) from any loss, liability, damage or cost in any way arising out of, or related to, your actions and omissions at, around, or while participating in the Event.

14. You hereby waive, discharge, hold harmless, and covenant not to sue Event Parties from any and all liability arising out of, or in connection with, the Event, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of, or related to, the Event, your attendance at the Event, your travel to and from the Event, except to the extent caused by the gross negligence or willful misconduct of the Event Parties.

15.  IN NO EVENT WILL THE EVENT PARTIES OR THEIR SUPPLIERS, ADVERTISERS, AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, OR IN CONNECTION WITH, THE EVENT OR ANY PRODUCT OR SERVICE PURCHASED AT THE EVENT, EVEN IF THE EVENT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER ATTENDEE OF THE EVENT TO CONFORM TO THESE RULES (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE EVENT, (c) ANY ERRORS, MISTAKES, INACCURACIES, OMISSIONS IN ANY CONTENT, OR (d) ANY LOST, STOLEN, OR DAMAGED TICKETS, OR FAILURE OF EVENT STAFF OR SECURITY TO HONOR YOUR TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE EVENT IS TO LEAVE THE EVENT. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN THE PARTIES IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THERE MAY NOT APPLY TO YOU. IN SUCH CASES, THE EVENT PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT BY PURCHASING THIS TICKET AND REGARDLESS IF SUCH EXCLUSIONS OR LIMITATIONS APPLY, IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE BY YOU.

16.  The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly by person-to-person contact. By entering the Event, you (a) acknowledge the contagious nature of COVID-19 and knowingly and voluntarily assume the risk that You may be exposed to or infected by COVID-19 by attending the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death to me or any other party, (b) voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, actions, causes of action, suits, sums of money, costs or expenses, of any kind, including but not limited to attorney’s fees and costs (“Claims”), that You or any party may experience or incur, and (c) hereby release, covenant not to sue, discharge, and hold harmless the Company Parties, and any vendor(s), from any and all claims of any kind arising out of or relating thereto. Additionally, the Event reserves the right to cancel or postpone the Event due to changing government mandates, protocols or operational needs related to COVID-19 safety compliance.

MISCELLANEOUS TERMS AND CONDITIONS

17. In no event shall the Event Parties be liable for any claim unless written notice is given within six (6) months from the date of the loss. No suit for any cause may be maintained against the Event Parties unless it is commenced within one (1) year after the Event.

18. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY DISPUTE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU KNOWINGLY, VOLUNTARILY, INTENTIONALLY, IRREVOCABLY, AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE OR CONFLICT IN CONNECTION WITH THIS AGREEMENT.

19. These terms and conditions shall be governed by and construed under the laws of the State of Florida, without regard to conflicts of law.

20.  You unconditionally agree that the terms and conditions contained herein and/or referenced herein represent the entire agreement between you and the Company with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms, including, but not limited to, the text contained on the back of the actual ticket and/or any contrary understanding or agreements between you and the Company. You further confirm that there are no other agreements between you and any of the other Event Parties. You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof, which may be made from time to time without prior notice to you. Any updates to our new terms and conditions will be posted to this website address.

21. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to effect the intent of the parties hereto, and the other provisions contained herein will remain in full force and effect. The company’s failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

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