Health & Safety

THIS RELEASE & WAIVER OF LIABILITY RELEASE AGREEMENT (“AGREEMENT”), HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION. THE PROVISIONS OF THIS AGREEMENT ARE IN ADDITION TO THOSE SET FORTH ON YOUR ADMISSION TICKET.

 

IN CONSIDERATION of being permitted to enter and remain at Orpheum Theatre (“Venue”) to view a performance of The Stomp Company LP’s (“STOMP LP”) production of STOMP (the “Event”), the ticket holder (“Holder”) on behalf of Holder, minors accompanying Holder to the Event, and all Related Persons (as such term is hereinbelow defined) by entering upon the Venue hereby agrees to all of the terms and conditions set forth below in this Agreement. Holder acknowledges and agrees that the agreements set forth in this Agreement are in addition to the terms and conditions set forth on the ticket(s) representing Holder’s revocable one time license to enter the Venue with respect to the Event, whether printed or displayed on such ticket(s), Venue webpage, or any other written communication which include, without limitation, the exchange and refund policy and the COVID-19 safety measures. The term “Related Persons” for purposes of this Agreement means and includes the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder’s and/or their behalf. This Agreement is for the benefit of STOMP LP, Liberty Theatres, LLC, and Orpheum Live, LLC and any licensee, tenant, or occupant of the Venue and their respective affiliates, and their and their respective affiliate’s officers, directors, managers, employees, contractors, agents and equity holders, and any other person or entity having any interest or involvement in or with respect to the Venue and/or the presentation of the Event (each a “Released Party” and collectively the “Released Parties”).

 

1. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. Holder and all Related Persons fully understand that : (a) the novel coronavirus SARS- CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19 is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people congregate; (b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the Venue (collectively, the “Venue Protocols”) by local, state and federal governmental agencies, any one or more of the Released Parties and/or any third parties, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and (iii) contracting COVID-19 can result in the further transmission of COVID-19 to Holder’s spouse, family members, and other persons in proximity to Holder; and (d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.

 

2. ASSUMPTION OF RISKS, HAZARDS AND DANGERS. HOLDER, ON BEHALF OF HOLDER AND ALL RELATED PERSONS, HEREBY REPRESENTS, WARRANTS AND COVENANTS THAT HOLDER FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, OF ANY OF THE RELEASED PARTIES, OR OTHER THIRD PARTIES, WHETHER OCCURRING BEFORE, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR HOLDER’S PARTICIPATION IN/AT THE EVENT. HOLDER HEREBY ASSUMES, ON BEHALF OF HOLDER AND ALL RELATED PERSONS, ALL AND SOLE RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.

 

3. RELEASE, WAIVER & COVENANT NOT TO SUE. (a) HOLDER, ON BEHALF OF HOLDER AND ALL RELATED PERSONS, HEREBY REPRESENTS, WARRANTS AND COVENANTS THAT HOLDER AND ALL SUCH RELATED PERSONS FULLY UNDERSTAND AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT SUCH HOLDER OR ANY RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 2, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) HOLDER’S EXPOSURE TO COVID-19; (II) ANY RELATED PERSON’S’EXPOSURE TO COVID-19, (III) HOLDER’S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE VENUE AND/OR COMPLIANCE WITH ANY AND ALL POLICIES, PROCEDURES AND PROTOCOLS RELATED TO ACCESS TO THE VENUE OR ATTENDANCE AT THE EVENT; (IV) ANY INTERACTION BETWEEN HOLDER AND ANY ONE OR MORE OF THE RELEASED PARTIES PRESENT AT OR WORKING AT THE VENUE OR ANY OTHER INDIVIDUAL PRESENT AT, WORKING AT OR IN THE VICINITY OF THE VENUE; OR (V) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 AND OTHER RISKS) (COLLECTIVELY, THE “CLAIMS”), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY ONE OR MORE RELEASED PARTY OR OTHERWISE.

 

(b) DUE TO RAPIDLY CHANGING GOVERNMENTAL COVID-19 REGULATIONS AND RESTRICTIONS, THE VENUE’S COVID-19 POLICIES, PROCEDURES, PROTOCOLS, AND REQUIREMENTS ARE SUBJECT TO CHANGE AT ANY TIME AND WITHOUT NOTICE. HOLDER ACKNOWLEDGES AND AGREES THAT IT IS HOLDER’S RESPONSIBILITY TO REVIEW AND CHECK THE LATEST SAFETY INFORMATION REGARDING COVID-19 AVAILABLE AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC): https://www.cdc.gov/coronavirus/2019-ncov/cdcresponse/about-COVID-19.html AND NEW YORK STATE: https://coronavirus.health.ny.gov/home AND NEW YORK CITY UPDATES: https://www1.nyc.gov/site/coronavirus/index.page. HOLDER RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE AND ONE OR MORE OF THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM ARISING OUT OF ANY CHANGE IN FEDERAL, STATE, OR LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES REQUIREMENTS, AS APPLIED AT THE VENUE, EITHER RETROACTIVELY OR PROSPECTIVELY.

 

4. GOVERNING LAW. Holder hereby acknowledges and agrees on behalf of Holder and all Related Persons that, except as provided in Section 5, below, this Agreement is subject to and will be construed in accordance with the laws of the State of New York, without regard to choice or conflict of law provisions.

 

5. ARBITRATION AGREEMENT. Holder hereby agrees, on behalf of Holder and all Related Persons, that: (a) any Claim asserted by Holder or any Related Persons against any one or more of the Released Parties shall be resolved exclusively by mandatory, confidential, final, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”); (b) this Section 5 is governed by the Federal Arbitration Act (“FAA”); (c) the FAA is applicable because the Released Parties are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (g) the arbitrator shall have the power to award any remedies, including reasonable attorneys’ fees and costs, available under applicable law; (h) judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant to this Agreement shall take place in New York County, New York.

 

6. CLASS ACTION WAIVER. Holder hereby agrees on behalf of Holder and all Related Persons that any and all disputes, including any Claims made by Holder or any Related Person against any one or more of the Released Parties must be arbitrated on an individual basis only. By signing this Agreement, Holder hereby waives, on behalf of Holder and all Related Persons, any right to litigate or arbitrate any Claim as a class action, representative action or class arbitration against any of the Released Parties.

 

7. SEVERABILITY. Holder hereby agrees on behalf of Holder and all Related Persons that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.