Baja Beach Fest Layaway Plan
Valid only for orders placed between September 24, 2024 and October 10, 2024..
THE LAYAWAY PLAN FEE IS $ 10.00 FOR EACH TICKET OR PASS
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT, WHICH IS A LEGALLY BINDING DOCUMENT, INCLUDES, AMONG ITS OTHER TERMS, CANCELLATION FEES AND FEES YOU MAY BE RESPONSIBLE FOR IF IN DEFAULT, RESTRICTIONS, LIMITATIONS AND CONDITIONS (INCLUDING LIMITATIONS ON LIABILITY), A NO REFUND POLICY (AND OTHER RELATED RESTRICTIONS), ARBITRATION REQUIREMENTS RELATIVE TO DISPUTE RESOLUTION AND WAIVERS OF IMPORTANT LEGAL RIGHTS.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE FREELY AND VOLUNTARILY GIVING UP IMPORTANT LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, WAIVERS, LIMITATIONS, RESTRICTIONS AND/OR OTHER CONDITIONS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR AGREE TO ASSUME, THE RISK(S) TO YOU AS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE PASSES AND/OR DO NOT PARTICIPATE IN THE LAYAWAY PLAN.
YOU UNDERSTAND THAT YOU MUST MAKE EACH PAYMENT BY ITS DUE DATE IN ORDER TO COMPLETE YOUR LAYAWAY PURCHASE AND RECEIVE THE PASSES. IF YOU FAIL TO MAKE ANY PAYMENT BY ITS DUE DATE, YOU WILL BE NOTIFIED, AND PAYMENT ATTEMPTS WILL BE RETRIED AS A COURTESY. HOWEVER, CUSTOMERS WHO REPEATEDLY FAIL TO MAKE PAYMENTS WILL BE SUBJECT TO CANCELLATION OF THEIR LAYAWAY PLAN AT THE DISCRETION OF THE FESTIVAL. IF YOUR LAYAWAY PLAN IS TERMINATED, YOU WILL NOT RECEIVE THE PASSES, AND THE PASSES MAY BE SOLD TO OTHERS. YOU FURTHER UNDERSTAND THAT YOU FORFEIT ANY AND ALL PAYMENTS YOU HAVE MADE PRIOR TO THE TERMINATION DATE.
- Introduction; definitions. Subject to applicable terms and conditions, and in exchange for certain non-refundable Layaway Plan Fee and other cancellation terms, the following terms and conditions apply if you choose a layaway plan (a "Layaway Plan") in connection with any events purchased on this site. The words "you" and "your" mean the person purchasing tickets or passes and any other goods or services including lodging purchased with the tickets or passes (collectively, "Passes") pursuant to the Layaway Plan, “Promoter”, “Producer” mean the entity or person promoting or operating the Event, and "FGT," "we," "us" and "our" mean Front Gate Ticketing Solutions, LLC. Please print a copy of these terms and conditions or save a copy to your computer for your records. The Layaway Plan allows for automatic monthly charges to be billed against a credit card you provided over a fixed period of time as specified and is not a credit sale or other extension of credit.
- Layaway Fee. You shall be eligible to register into the Layaway Plan based on the fees disclosed when you select a Layaway Plan and subject to the terms and conditions contained herein. We charge you a Layaway Plan Fee of $10.00 USD (the "Layaway Fee") for each TICKET OR PASS at the time you enter into your Layaway Plan. You acknowledge and agree that the Layaway Fee is fully earned upon payment and is non-refundable, including without limitation if you fail to complete your Layaway Plan.
- Payments. The Layaway Plan provides the option to either first reserve, or make an initial payment at the time you enter into the Layaway Plan and a certain number of additional payments to complete your layaway plan and receive the Passes. The percentage or amount of the initial and additional payments, and the number and due dates of the additional payments, are disclosed when you select a Layaway Plan on our web site.
- Failure to Make Payments. IF, FOR ANY REASON, YOU FAIL TO MAKE ANY PAYMENT BY ITS DUE DATE, YOU UNDERSTAND AND AGREE THAT PROMOTER SHALL HAVE THE OPTION TO PERMANENTLY CANCEL ALL (OR A PORTION) OF THE PASSES CONTAINED IN YOUR ORDER FOLLOWING OUR EMAIL NOTIFICATION TO YOU OF THE FAILED PAYMENT ATTEMPT(S) AND FOLLOWING AN OPPORTUNITY FOR YOU TO UPDATE THE CREDIT CARD INFORMATION ON FILE WITHIN FOURTEEN (14) CALENDAR DAYS OF OUR INITIAL EMAIL NOTIFICATION TO YOU OF SUCH PAYMENT FAILURE.
If you do not agree with the above terms and the applicable fees, then do not register or otherwise participate in the Layaway Plan.
- Ticket Reservation, Ticket Purchase. Except with respect to Promoter’s option to exercise those rights set forth in Section 4(b) above, you acknowledge and agree that, until ALL payments required hereunder are made in accordance with the terms and conditions set forth herein, your registration and participation in the Layaway Plan operates ONLY as a Passes reservation and not as an actual Passes purchase. During the term of the Layaway Plan, your order shall be reserved until final payment is made and received, and except to the extent otherwise set forth herein, ONLY at such time (final payment), shall your Passes be deemed to have been officially purchased. Passes so purchased shall then be scheduled for delivery in accordance with Promoter’s standard shipping, delivery and pick-up rules, policies, terms and conditions.
- Automatic Payment Authorization. You authorize us to automatically charge to the payment card number and expiration date and other payment method information you provided (collectively, the "Payment Method") the Processing Fee and the amount of each layaway under your Layaway Plan on or about the due date thereof. Each charge will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. Because of the consequences of failure to make a payment on time discussed above, you agree that you are responsible for notifying us immediately of any change in your Payment Method, including without limitation if your payment card number or expiration date changes or if your payment card is lost or stolen and replaced with a new payment card. You agree to update your Payment Method by logging onto your account with FGT.
- Additional Terms and Conditions (FGT). You acknowledge and agree that FGT processes Layaway Plans and FGT does so, subject to additional or supplemental terms and conditions and such additional or supplemental terms and conditions can be reviewed at Terms of Sale and Terms of Use. Please read these additional or supplemental terms and conditions from FGT carefully and in their entirety as such additional or supplemental terms and conditions are legally binding and may include additional restrictions, limitations, conditions and/or waivers that may affect important legal rights that you have and/or which may result in additional costs to you. By proceeding to either purchase Passes and/or to participate in the Layaway Plan to which these provisions relate, you acknowledge and agree that the FGT additional and supplemental terms are separate, distinct and are in addition to (not in lieu of) any of the terms set forth in this Agreement and by proceeding, you may further be giving up important legal rights. If you do not agree with any of the additional or supplemental terms, waivers, limitations, restrictions and/or other conditions set forth in the additional or supplemental terms and conditions from FGT, do not purchase a Passes and/or do not register for, or participate in, the Layaway Plan or other product offerings and do not utilize the products or services being offered either under this Agreement or under the FGT additional and supplemental terms. Notwithstanding the potential application of any additional or supplemental terms and conditions relating to FGT, you nonetheless intend to remain fully bound by, and agree to fully comply with, the terms and conditions as it relates to Section 8 (Arbitration).
- Individual Arbitration Agreement and Class Action Waiver. You, Promoter and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another, including dealings with Promoter (“Claims”), except for 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.
If you, Promoter, or we elect to resolve a dispute by arbitration, neither you, Promoter nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you, Promoter and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You, Promoter and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, EACH PARTY IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE 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 we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. 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 you and us 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. You, Promoter and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you, Promoter and we 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 this 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 this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (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 in writing within forty-five (45) days after the date you sign this Agreement. You must send your request to arbitration@frontgatetickets.com. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Layaway Plan.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
- Consent to Electronic Contracting and Communications. You agree to receive the Authorization and any associated documents along with this Consent through the Front Gate Tickets website.
- Consent to Electronic Communications. By choosing “I agree to these terms” below, you consent to receive disclosures from us electronically through this web site under the terms set forth herein. You agree that we may provide electronically any and all communications concerning your tickets and/or any layaway plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any layaway plan but also to any ancillary agreement related to these and to any future tickets or layaway plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. ITo withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to us through http://support.frontgatetickets.com/ or call 888-512-SHOW. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call 888-512-SHOW. Upon your request, we will provide you with a paper copy of the Authorization that we have provided to you electronically. If you would like a free paper copy of the Authorization please call us at 888-512-SHOW or e-mail us at http://support.frontgatetickets.com/.
No Special Damages; Attorneys’ Fees. In the event of any dispute(s), in whatever forum, arising from this Agreement, (1) you acknowledge and agree that you shall not be entitled to apply for or recover punitive, consequential or special damages of any kind, including attorneys’ fees and costs (at trial and appellate levels), filing fees, hotel expenses, air travel expenses, etc. and (2) the parties agree that each shall bear 100% of their respective costs, expert fees, attorneys' fees and other fees incurred in connection with this Agreement notwithstanding any law to the contrary entitling any you to recover fees and costs from us or Producer. To the extent that, despite the provisions in this paragraph, an action is brought by a third party on behalf of you in contravention of the terms or spirit of this Agreement, you hereby expressly waive any claim to any form of monetary damages or other damages, or any other form of recovery or relief in connection with any such third-party action.
