By purchasing and using this ticket (“Ticket”) to enter and and view the performance (the “Show”) at the McKittrick Hotel (the “Hotel”), Ticket holder (“Holder”), on his/her own behalf and on behalf of any guest under the age of 18 accompanying Holder to the Show over which Holder is the parent or legal guardian (“Minor”),** agrees to the following terms and conditions (the “Agreement”) entered into by Holder and Emursive, LLC (“Emursive”). Holder is solely responsible for reading and understanding the Agreement before using the Ticket and/or those of Minor(s).
a. All Sales are Final. Holder acknowledges that all Ticket sales are final and non-refundable for all events at The McKittrick Hotel. This Ticket constitutes a limited, revocable license (the “Revocable License”) granted by Emursive to attend the Show listed on the applicable Ticket. Emursive reserves the right, in its sole discretion and without refund of any portion of the purchase price, to revoke the Revocable License granted and cause the Hotel to 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 is deemed by it to be improper, disorderly or unbecoming; (d) who uses vulgar, derogatory or abusive language; or (e) who, in the sole judgment of the Emursive Productions, is engaging in activity or causing a disturbance that adversely affects attendees’ participation in, attendance at and/or observance or enjoyment of the Show.
b. Recording of the Show is Prohibited.
Holder agrees that: (a) neither Holder nor Minor(s) will transmit or aid in transmitting any information about the Show to which the Ticket grants admission, including, but not limited to, any photographs, images, videos, audio, live streams or other accounts or descriptions (whether text, data or visual), in any media, of all or any part of the Show (collectively, the “ Show Information ”) without the written consent of Emursive Productions (b) Emursive Productions is the exclusive owner of all copyrights in the Show and the Show Information.
c. Crowd Release/Notice of Filming and Photography. By entering an event or program at the Venue, you are entering an area where photography, audio and video recording may occur. Your entry and presence at the Venue constitutes your consent to be photographed, filmed, and/or otherwise recorded and to the release, publication, exhibition, or reproduction of any and all recorded media of your appearance, voice, and name for any purpose whatsoever in perpetuity in connection with the Venue. Emursive Productions, shall have the unrestricted right and license to use Holder’s image, likeness, name, voice, comments or other proprietary or public rights and that of any Minor accompanying Holder in any broadcast, telecast or photograph and/or video and/or audio sound recording taken in connection with the Show, for all purposes, in whole or in part, without compensation, worldwide, in perpetuity, and in any and all media now or hereafter known or invented. The rights granted herein are fully assignable by Emursive Productions.
d. Release. Holder recognizes that attendance of Holder and Minor(s), as applicable, at the Show is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of their surroundings and the surroundings of Minor(s), as applicable.
By using the Ticket and/or by attending, observing or participating in the Show, as applicable, Holder acknowledges and assumes all risks and dangers associated with Holder and/or Minor(s) (a) being a spectator before, during, and after the Show and/or (b) attending, observing or participating in the Show, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including but not limited to the danger of sustaining physical injury resulting from dimly lit or dark surroundings, fog, haze, other hazards or distractions, and any incidents or accidents associated with crowds of people, including, but not limited to, touching, or the negligence or misconduct of other Show attendees and psychological harm resulting from encounters with scenes including nudity and depictions of violence, sexuality, bright lights (including strobe lights), lasers, as well as being separated from the rest of their party and intense psychological scenarios which some viewers may find disturbing. Holder agrees that (i) the Venue, Emursive Productions, LLC and, (vi) all past, present and future affiliates, successors, assigns, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities (subsections (i) through (vi), 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)’ participation in, attendance at, and/or observation of the Show and/or 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, public performance, exhibition of advertisements, promotions, programs and/or materials in which recordings or photographs of Holder or Minor(s) from the Show appear.
BY ATTENDING AND/OR PARTICIPATING IN THE SHOW, HOLDER, ON THEIR 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.
All Minors must be accompanied by a parent or legal guardian with a Ticket. At no time may a guest under the age of thirteen (13) years of age be admitted to the Show. Holders may be asked for proof of age. Please note, Minors can demonstrate proof of age using a School issued I.D.
e. Acknowledgement of the Coronavirus (COVID-19 & OTHER RISKS). Each Holder fully understands 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, screening to enter and view the performance (“Show”) * at the Venue (“Venue”) , Ticket holder (“Ticket”) , on their own behalf; and, on behalf of any guest under the age of eighteen (18) accompanying the Holder to the Show over which Holder is the parent or legal guardian (“Minor”), agrees to the following Terms and Conditions(the “Terms and Conditions”) entered into by Holder and Emursive Productions Productions, LLC
(“ Emursive Productions ”). Holder is solely responsible for reading and understanding the Agreement before using the Ticket and/or those of Minor(s).
If you require special assistance, have questions regarding these terms or if you intend to bring a Minor, please email [[email protected]] prior to arrival.
All Sales are Final. Holder acknowledges that all Ticket sales are final and non-refundable for all events at the Venue. This Ticket constitutes a limited, revocable license (the “ Revocable License ”) granted by Emursive Productions to attend the Show listed on the applicable Ticket.
Emursive Productions reserves the right, in its sole discretion and without refund of any portion of the purchase price, to revoke the Revocable License granted and cause the Venue to refuse admission or eject any person (a) who violates the terms of the agreement measures, mitigation measures, cleaning procedures, precautions and/or protocols that will be implemented from time to time at and for any one or more Venues (collectively, the “Venue Protocols”) by local, state and/or federal governmental agencies, and/or third parties, can eliminate the presence of or 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 Centers 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, (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, isolation, illness, disability, short term and/or 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.
f. Indemnification. To the fullest extent permitted by law, 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 Holder’s and/or Minor(s)’ attendance at, observation of, and/or participation in the Show, Holder’s and/or Minor(s)’ acts or omissions, or Holder’s breach of any of the terms, conditions or representations made in the Agreement.
g. Governing Law. Each Holder hereby understands and agrees that 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.
h. Jurisdiction. All Actions arising out of or relating to this Agreement shall be heard and determined exclusively in any state or federal court located in New York, New York (or in any appellate courts thereof) (the “ Specified Courts ”).
Each party hereto hereby (i) submits to the exclusive jurisdiction of any Specified Court for the purpose of any Action arising out of or relating to this Agreement brought by any party hereto and (ii) irrevocably waives, and agrees not to assert by way of motion, defense or otherwise, in any such Action, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the Action is brought in an inconvenient forum, that the venue of the Action is improper, or that this Agreement or the transactions contemplated hereby may not be enforced in or by any Specified Court. Each party agrees that a final judgment in any Action shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Each party irrevocably consents to the service of the summons and complaint and any other process in any other action or proceeding relating to the transactions contemplated by this Agreement, on behalf of itself, or its property, by personal delivery of copies of such process to such party. Nothing in this h “Jurisdiction” shall affect the right of any party to serve legal process in any other manner permitted by applicable law.
i. Severability. Holder hereby agrees 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.
j. Special Note to Guests attending an Immersive Theatrical Event. Your visit at the Venue will involve walking through multiple spaces spread out over several levels. Guests are advised to wear sensible shoes. Additionally, in order to maintain the world of the show, all Holders are required to wear a theatrical mask while inside the Venue for the Show. This theatrical mask will be provided to guests upon their arrival at the Venue.
The Show depicts scenarios including nudity and depictions of violence, sexuality, bright lights (including strobe lights) and lasers.
Holder may encounter peculiarities and curiosities of the most intriguing nature. Holder is encouraged to follow their instincts and engage with whatever compels them most.
DISRUPTING THE SHOW AND/OR ATTEMPTING ANY UNINVITED PHYSICAL CONTACT WITH AN EVENT PARTICIPANT (INCLUDING, BUT NOT LIMITED TO, SHOW PERFORMERS), WHETHER OF A SEXUAL NATURE OR OTHERWISE, IS PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
Coats, bags, and purses are required to be checked at the Venue’s entrance prior to beginning the Show experience. The compulsory bag and coat check will be available upon arrival for a fee to be determined by the Venue at the Venue’s sole and absolute discretion. Please note exceptions will be made for guests requiring necessary accommodations due to disabilities or special needs. Guests of Maximilian and Champagne Table guests will receive a complimentary bag and coat check as part of their ticket purchase.