The following are the terms of use (“Terms”) that govern your purchase, possession, or use of any of our tickets, passes, products, offering, or services that are purchased online. Egan Escape Productions, LLC, and its affiliates are sometimes referred to as “Egan”, “company”, “venue”, “we”, “our”, or “us” or such other terms of similar or correlative meaning. If you do not wish to abide by and adhere to these Terms, you cannot purchase, possess or use any company tickets, passes, products, offering or services. Any and all prior terms, conditions, agreements, understandings or commitments concerning the subject matter of these Terms is hereby superseded and restated by these Terms. These Terms (together with the terms and conditions which may be linked out from these Terms) are the sole and exclusive terms which control over any prior or contemporaneous terms, conditions, agreements, understandings or commitments, whether oral or written, implied or express, concerning the subject matter hereof.
Our Privacy Policy (available https://johnwickexperience.com/privacy-policy/), Online Terms of Use (available “https://johnwickexperience.com/terms-of-use/), and any other policies, rules, or guidelines that may be applicable to particular offers or features on the websites from which such offers or features are displayed (“Sites”) are also incorporated into these Terms by reference. For Pre-Sale tickets and passes, the following terms also apply (available “https://johnwickexperience.com/terms-of-use/) and are incorporated into these Terms by reference. By visiting or using such Sites, including purchasing any tickets, passes, products, offering and/or services, you expressly agree to these Terms and such policies, as updated from time to time. In the event of any conflict or inconsistency, the following controls with the order of precedence: Privacy Policy, these Terms, Pre-Sale Ticket terms, and Terms of Use.
Please note that while some of the events described on the Site may appeal to children, the Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13..
NOTICE REGARDING FUTURE CHANGES TO TERMS:
We reserve the right, in our sole discretion, to cancel, terminate, modify, change, add to, eliminate, extend or suspend some or all of these Terms for any reason with or without notice. If such items were initially available online, we will use our commercially reasonable efforts to post the same, as amended, modified or otherwise changed. Regardless, your continued use of the ticket, pass, products, offering or services purchased shall constitute your acceptance and agreement to be bound by the same, as amended, modified or otherwise changed.
To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of these Terms supersedes and governs.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:
These Terms contain an arbitration agreement and class action waiver section below. Specifically, you and we agree that any dispute or claim relating in any way to these Terms, your use of the Site, or tickets, passes, products, offering or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court. By agreeing to individual arbitration, you and we each waive any right to participate in a class action lawsuit or class-wide arbitration. This agreement and waiver—along with some limited exceptions—is explained in sections below.
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Egan and Released Parties (as defined below) relating to such risks, hazards, and dangers. As used herein, an “event” is, as applicable, any single event, happening or gathering and/or any single attraction or exhibit (or any portion thereof), in each case, which is the subject of the underlying ticket purchased, and a “ticket” is an admission, ticket, pass, voucher or similar redemption item issued by Egan to which the holder thereof is entitled to the event benefits therein subject to the terms and provisions hereunder.
- Currency
All ticket prices for events and transactions that occur in the United States are stated in U.S. Dollars.
- Payment Methods
We accept several methods of payment to accommodate your needs, including (among others) American Express, Visa, MasterCard, and Discover. Please refer to the ticket check-out portal of the Site.
- Who You Are Buying From
Tickets that are obtained from unauthorized sources, and not directly through our Site, may be lost, stolen, or counterfeit, and, if so, are void.
- Pricing and Availability
Market prices are subject to change at any time prior to Order Confirmation, and we do not guarantee that you will be able to purchase the tickets for the prices shown on our Site, or that such tickets will be available (for the day, time or quantity of tickets selected), until Order Confirmation. We are not responsible for any typographical or system errors within the inventory listed for sale. If an error is found while processing your order, you will be notified of the error and a substitution at our discretion will be made when available to you, at no additional cost, or we will issue a refund. Please check your tickets carefully once you receive them, and please contact us if you have any questions regarding the tickets you received.
We will process your purchase of a ticket as promptly as possible. There may be delay in processing of the purchase while payment details are verified. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your order will be terminated. Unless specified otherwise in these Terms, all charges are nonrefundable. When you purchase a ticket, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes and fees. If your purchase is subject to recurring charges, you also agree to the billing frequency stated at the time of your order. Discount eligibility is determined at the time of the order. Some purchases have one-time fees in addition to recurring fees as expressly provided. Discounts cannot be applied retroactively.
- Order Confirmation and Processing
Your order is confirmed when we send you a confirmation, in the form of a confirmation page or email (“Order Confirmation”).
If you do not receive an Order Confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your account or otherwise whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was placed because you failed to receive confirmation.
- Service Fees, Order Processing Fees, Taxes, and Shipping Charges
Tickets purchased on our Site are typically subject to, among other possible fees, a per ticket service fee, fulfillment, shipping, handling and/or a per order processing fee. We collect tax as required by state and local laws. All such charges and fees will be set forth in your order. We may display the tax separately or include it in the total service fee amount. We may change such fees at any time, including after you post your tickets. You agree to pay all such fees and charges upon your submission of your order.
- Number of Tickets or “Ticket Limits”
When purchasing tickets on our Site, you may be limited to a specified number of tickets for each event (also known as a “ticket limit”). This ticket limit is posted during the purchase process and verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Each account must be linked to a unique individual, and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you exceed or attempt to exceed the posted ticket limits, we reserve the right to cancel, without notice, any or all orders and tickets, in addition to prohibiting your ticket purchasing abilities. Any tickets canceled due to violating the posted ticket limit may be refunded at face value (excluding fees). This includes orders associated with the same name, e-mail address, billing address, credit card number, or other information.
- Ticket Transfer
Tickets purchased may not be assigned, transferred, conveyed, sold or otherwise hypothecated in any way. Any assignment, transfer, conveyance, sale or hypothecation in violation of the foregoing is void.
- Artists and Performers
Artists and performers in an event may sometimes change or cancel at any time without notice. No refund will be owed if an artist or performer changes or cancels.
- Canceled, Postponed, Rescheduled, and Moved Events
A ticket entitling the holder to an event that is a single attraction, performance, and/or exhibition for a specific day/time may have its underlying event canceled, postponed, rescheduled to a different date or materially different time in which case the following will govern:
If the event is canceled: no action is required to obtain a refund; we will issue a refund to the original method of payment used at time of purchase. Please see paragraph 11 below for additional terms and provisions which govern refunds. In some cases, however, we may in our sole determination also provide you option to be issued either a credit or a refund; if so, we will send you a notification explaining your options, and how to submit a request for a credit.
If the event is postponed, rescheduled, or moved: your ticket(s) (including any additional add-ons or upgrades) are still valid, and no further action is required. However, in some cases, we may in our sole determination also provide open option to choose a refund or a credit for the event; any refund and/or credit policies are determined on an event-by-event basis at our sole discretion. If a credit option is available, we will send you a notification explaining your options, and you may submit a request for a refund or credit. Alternatively, you may simply keep your ticket(s) to the postponed, rescheduled, or moved event.
If your event is postponed, rescheduled, or moved, we will attempt to contact you to update you on the status of the event, and inform you of any refund, credit, or exchange procedures. For exact instructions on any particular postponed, rescheduled, or moved event, please check the event information online and in your account (which will include the most current information on the status of the event), or contact us by email at info@johnwickexperience.com.
We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled, postponed, rescheduled, or moved event.
A ticket entitling the holder to one or more events (i.e., multiple attractions, performances, and/or exhibitions on a single day) may have one or more of its underlying events canceled, postponed, rescheduled to a different date or a materially different time in which case the following will govern:
If one or more events underlying the ticket is postponed, rescheduled or moved, you will not be entitled to any refund, credit or exchange in lieu of the event so affected. You are not guaranteed that an event or all events will be available to you underlying the ticket even on non-blackout dates and times, and we may cancel, postpone, reschedule or move an event subject of a ticket without notice or liability. Events for an underlying ticket are generally available on a first-come, first-serve basis. Cancellation, postponement, rescheduling or moving of an event will not affect your eligibility to attend another event underlying your ticket. Each event is subject to limited availability and capacity and other conditions which may be beyond our control, all of which you accept and assume as holder of the ticket. We are not responsible for wait times, cue times, or delays associated with events underlying your ticket. Blackout dates and times may apply to certain events underlying your ticket.
- Refunds, Credits, and Exchanges
All sales are final and refunds are only allowed in limited circumstances, as expressly provided in this section and the Canceled, Postponed, Rescheduled and Moved Events section above. Before purchasing tickets, carefully review your event selection. Tickets therefore cannot be replaced if they are lost, stolen, or damaged.
Refunds. If your event is eligible for a refund, we will issue a refund of the ticket price you paid, any service fees, and any additional add-ons or upgrades. In no event will expedited shipping charges, merchandise purchases, or any other amounts be refunded.
We cannot issue a refund to a different credit or debit card (this includes refund requests made through the self-service option). If your credit card or debit card number has changed, but is for the same account (e.g., a new card has been issued for the same account), the refund will be processed to that account.
Please note that seating maps, if applicable, are representative of a venue’s layout; however, they are subject to change at any time, and refunds are not allowed if the seating map is updated, if additional seats / rows are added, or if seats change as a result of a venue change after purchase.
We may occasionally offer tickets at a discount after the original on-sale date, and will not refund the difference between the original price and the sale price. In addition, there are no refunds, returns, or exchanges for ticket packages.
If there is an account, or accounts, that have outstanding balances owed to us, we reserve the right to hold any and all refunds for said accounts until such time as no outstanding balances remain.
Credits. If there is an option to request a credit for canceled, postponed, rescheduled, or moved events, we will send you a notification, and you can submit a request for credit in your account. Credits may be applied toward the purchase of eligible event tickets and ancillary purchases at the same venue during the timeframe specified. Credits cannot be for specific items. Future events, venues, and ancillary purchases are subject to eligibility. Please note that credits may have an expiration date, and must be used before that date. The email that you received with your credit code will contain the expiration date for your credit; you can also find the expiration date in your online account.
Credits are non-transferable, may not be sold, are not redeemable for cash, and may not be combined with other promotions. Credits may not be applied to previously placed orders and may not be redeemed to purchase tickets for the same event as the tickets in your original purchase for which you accepted the credit.
Please note that, if there is a choice of either a refund or a credit, you cannot get a partial refund; whatever selection you make (i.e., refund or credit) will apply to your entire order, and cannot be split between refund and credit. Any and all requests for a refund or credit are final and cannot be changed once initiated.
Exchanges. For many events, certain tickets may be exchanged for tickets from us of equal or higher price. A per ticket exchange fee may apply.
Merchandise. All merchandise purchases are final, and in no event will there be refunds, exchanges, or credits for merchandise purchases.
Chargebacks and Other Refund Prohibitions. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card or other method of payment you used to purchase tickets from the Site. Should you do so, your tickets are subject to immediate cancelation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist, and from any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
- Ticket License
As a ticketholder, you are entitled to licensed access the venue solely for the underlying ticketed event which access may be revoked at any time for any reason, including violation of attendance or building rules. You hold no other rights or privileges other than as expressly set forth in these Terms. Your rights as a ticketholder are solely and exclusively governed by these Terms. You are not, and you forever disclaim all rights as, an agent, representative, fiduciary, owner, member, stockholder, equity holder, officer, director, manager, employee, consultant or any other legal or statutory rights designations, in each case, of the venue or any of its affiliates. You have no authority to bind the venue in any manner. You will not hold yourself as an agent for the venue in any capacity. Your rights as ticketholder are not transferable or assignable. You disclaim any and all tenancy rights as an occupant at the venue during the event. A purchased ticket may only be used by the same person on all events underlying a ticket. Further identification may be required. All tickets remain property of Egan and may be revoked by Egan at any time in its discretion.
Exhibits, attractions, entertainment, products, services, offerings and items may be modified or limited in capacity or availability; are subject to change, closure, cancellation and discontinuance without notice due to rehabilitation, refurbishing, capacity, seasonal considerations, weather, low demand, government or other authority guidance or order, pandemic-related restrictions, guidance from health experts, special events or any other reason without liability to Egan; and are not guaranteed.
- Account, Order, and Billing Information Verification
All information on accounts and orders must be valid and are subject to verification. Orders are subject to credit card approval, and are processed only after the billing address associated with your credit card and other billing information have been verified. Orders that are placed, or attempted to be placed, using an account with any information that is found to be false, misleading, incorrect, or incomplete, or that cannot be verified as belonging to the account holder—such as name, address, email address, phone number, IP address, or other account or billing information—are subject to cancelation, at any time. Furthermore, if your order is canceled for any of the foregoing reasons, we may sell or otherwise distribute your tickets to another customer without further notice.
- Delivery Options
Different combinations of delivery methods may be offered, depending on a number of factors. Delivery options are determined by us in our sole discretion and can vary from event to event. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship tickets to the billing address on file with the method of payment that is used for your purchase.
- Pricing and Other Errors
If the amount you pay for a ticket is incorrect (regardless of whether it is incorrect because of an error in a price posted on the Site or otherwise communicated to you), if you are able to order a ticket before its scheduled on-sale or presale date, or if you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether the error occurred because of human error or a transactional malfunction of the Site. We will not be liable for travel or any other expenses that you, or anyone else, incurs in connection with errors of this nature. If a refund is processed in error, or a refund exceeds the original amount paid, we reserve the right to recharge the original method of payment used at time of purchase.
- Multiple Browser Windows
When ordering tickets online with us, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets, errors occurring during the purchase process, or timer expiration.
- Limitation of Liability
Some events carry inherent risk. Objects may dislodge or fly during an event. Injury can occur. Stay alert at all times before, during, and after the event. If injured, immediately ask the venue for directions to a medical station. You voluntarily assume all risks and danger arising from the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of the Released Parties on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.
You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against us relating to such risks, hazards, and dangers.
These Terms, the John Wick Experience, and the materials and products described on these Terms are provided “as is” and without warranties of any kind, whether express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES (AS DEFINED BELOW) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Released Parties do not represent or warrant that the purchased ticketed event will be uninterrupted or error-free, or that the defects will be corrected. The Released Parties do not make any warrantees or representations regarding the purchased ticketed event in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The Released Parties have no responsibility for actions of third parties or for content provided by others.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
- License; Ejection and Cancelation; No Redemption Value
You agree to comply with all of the venue applicable rules, policies, terms, and conditions (“Venue Rules”). The venue reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct, behavior or communication venue deems in its sole discretion to be disorderly, offensive, hostile, abusive, threatening, intimidating, vulgar or violent, or who fails to comply with Venue Rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused. A ticket is not redeemable for cash or other property.
- Recording, Transmission and Exhibition
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You may not record, copy, publicly exhibit, transmit, or distribute any virtual event through any means, resell views of any virtual event, or allow others to log into your account for the purpose of watching a virtual event.
You hereby, on your behalf and on behalf of your heirs, executors, heirs, executors, administrators, trustees, legal representatives and assigns, and on behalf of any minor which accompanies you at an event, unconditionally and forever grant to Released Parties and its employees, contractors, agents, licensees and assigns the unrestricted, irrevocable, unconditional, absolute, perpetual, worldwide, royalty-free right: (a) to make audio, photograph, video, fixed works, or other recordings (collectively, “recordings”) of your name, address (city and state), image, sounds, likeness, photograph, picture, portrait, voice, biographical information, actions, expressions, and/or any statements made by you, including, without limitation, any voice, name, biographical information and likeness owned or controlled by any of them (collectively, “information sets”) at the event and for any purpose, and (b) to reproduce, copy, modify, exploit, edit, create derivative works of, display, perform, exhibit, distribute, perform, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the recordings and information sets or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature) in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media) throughout the universe in perpetuity in such manner and to such extent as venue deems appropriate for any purpose.
Your attendance at the event constitutes your further permission to use your name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by you at the event for advertising, marketing, promotional and other business purposes without notice or additional compensation. You hereby, on your behalf and on behalf of their heirs, executors, heirs, executors, administrators, trustees, legal representatives and assigns, and on behalf of any minor which accompanies you at the event, unconditionally and forever grant to venue and its employees, contractors, agents, licensees and assigns, the unrestricted, irrevocable, unconditional, absolute, perpetual, worldwide, royalty-free right and license to use your name, address (city and state), photograph, likeness, voice, biographical and personal background information, statements, and event registration, and, without limitation, any notes, photograph, film, or video or audio tape, recordings that may be taken at the event or in such materials (the foregoing, collectively, the “content”), without further compensation, consideration, or notice or permission to you or to any third party, and to reproduce, copy, modify, exploit, edit, create derivative works of, display, perform, exhibit, distribute, perform, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature) in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media) throughout the universe in perpetuity in such manner and to such extent as venue deems appropriate for any purpose.
All rights of every kind in such content, recordings and information sets in all manners, formats and media now known or hereafter devised (including without limitation all copyrights therein and all renewals, extensions and restorations of said copyrights), shall be solely owned throughout the universe in perpetuity by venue, its designees and its successors and assigns. The rights herein granted include, without limitation, all television rights, theatrical rights, home video and DVD rights, interactive cable rights, internet site rights, so-called “wireless” and mobile device rights (e.g., iPod, cellular phone, ringtones, mp3 player), digital distribution rights (e.g. streaming and download), computer-assisted media rights (including, without limitation, CD-ROM, CD-I, and other similar disc systems), and rights relating to any other devices or methods now existing or hereafter devised, with respect to the use of content, recordings, and information sets and any derivative works thereof. All rights (including ownership and intellectual property rights) to such content, recordings and information sets (and derivative works) are reserved in venue and are assignable, transferable and sublicensable. Venue has sole discretion to use or not use any such content, recordings and information sets (and derivative works) without notice. You are not entitled to any proceeds, compensation, royalties, or other payment resulting from such content, recordings, information sets (and derivative works) or the event or otherwise in connection with venue or its assignees usage rights hereunder whatsoever. Any such content, recordings and information sets (and derivative works) publicly distributed shall be subject to the venue’s sole and exclusive discretion. You further agree that venue may use all or any part of the content, recordings and information sets (and derivative works), and may alter or modify it, regardless of whether or not you are recognizable. Without limiting the foregoing, you further agree that venue may use content, recordings and information sets (and derivative works) in connection with any marketing, promotion, publicity, advertisement, and/or merchandising.
- You Are Subject to Search
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation: firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
- Unlawful Resale of Tickets; Promotions
Unlawful resale (or attempted unlawful resale) of tickets, including but not limited to counterfeit or copy of tickets, is grounds for seizure and cancelation without compensation.
- Release
You agree to release and hold harmless venue, Egan, Area 15 Las Vegas LLC and its affiliates (“Area 15”), Lions Gate Entertainment Inc., its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with your attendance at the event, preparation for the event, or participation or attendance in the event and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Venue is not responsible if an event cannot take place due to acts of war, natural disasters, weather, pandemics, epidemics, governmental action, flood, acts of terrorism or events beyond reasonable control of venue. If you do not comply with these Terms, or attempt to interfere with the event in any way, you shall have all privileges rescinded and terminated.
You agree to indemnify, defend, and hold harmless the Released Parties, and their respective affiliates, and each of their officers, directors, employees, agents, licensors, managers, members, representatives, owners, personnel, insurers, parent and/or subsidiary companies, vendors, and suppliers (collectively the “Indemnified Parties”) from and against all claims, proceedings, disputes, lawsuits, actions, investigations, losses, liabilities, penalties, expenses, damages and costs, including legal and attorneys’ fees, resulting from, arising from, related to, or otherwise in connection with your participation in or connected to the John Wick Experience and/or these Terms, including without limitation any violation of these Terms (including negligent or wrongful conduct) by you, and any agreement or relationship between you and any third party. You will use your best efforts to cooperate in the defense of any claim which indemnification is sought. Notwithstanding the foregoing, in the event you fail to properly assume defense of such claim or respond thereto within a reasonable period of time, or fail to properly defend such claim in a diligent and competent manner, the Indemnified Parties may assume sole control and defense thereof (as applicable) and, upon such event, the Indemnified Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Indemnified Parties herein under the terms and provisions of this Section on your account and on your risk. The Indemnified Parties may participate in the defense of any such claim (or portions thereof) at their expense if they deem their interests conflict with those of yours in your defense thereof. In no event shall you settle or consent to any order on any claim without the Indemnified Parties’ prior written approval.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you or not, printing errors or by any of the equipment or programming associated with event; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the event; (4) technical or human error which may occur in the administration of the event or tickets; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation or attendance in the event or receipt or use or misuse of any products, offering or services.
- Disputes
Your purchase and these Terms shall be governed in all respects by the laws of the State of Nevada, U.S.A., without regard to choice of law provisions. FOR ANY DISPUTE THAT IS NOT SUBJECT TO BINDING ARBITRATION, YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF THE JOHN WICK EXPERIENCE PRODUCTS AND/OR SERVICES) SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN CLARK COUNTY, NEVADA. Any cause of action or claim you may have with respect to these Terms (including but not limited to the purchase of the John Wick Experience products and/or services) must be commenced within one (1) year after the claim or cause of action arises. Company’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Company may assign its rights and duties under this agreement to any party at any time without notice to you.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with the Released Parties as follows:
Initial Dispute Resolution. Most disputes can be resolved without resorting to litigation. You can reach us at info@johnwickexperience.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration (except with respect to the exceptions set forth below).
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms of Use’s or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or these Terms shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, the Terms of Use or the Privacy Policy, including but not limited to any claim that all or any part of these Terms, the Terms of Use or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV 89169; and (c) send one copy of the Demand for Arbitration to the John Wick Experience at 3216-3228 WEST DESERT INN ROAD, Las Vegas NV 89102, Attn.: Legal Department, with a mandatory copy to Lionsgate at 2700 Colorado Avenue, Santa Monica, CA 90505, Attn: General Counsel.
You are responsible for your own filing fees, arbitrator and hearing expenses, and attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Clark County in the State of Nevada, United States of America, and you and the Released Parties agree to submit to the personal jurisdiction of any federal or state court in Clark County, Nevada in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE RELEASED PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
Exception. Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to info@johnwickexperience.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms of Use; or (b) the first date that you accessed these Terms that contained any versions of these Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, the Released Parties also will not be bound by them.
Changes to Dispute Resolution and Choice of Law. Any changes to this the choice of law, dispute resolution and dispute resolution venue will be made in the same manner as described in the section entitled “Modifying These Terms” above; however, such changes will only become effective sixty (60) days after the revised Effective Date of these Terms and will only apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after your ticketed event purchase.
Survival. The Mandatory Arbitration and Class Action Waiver sections and terms shall survive any termination or conclusion of your ticketed event purchase.
THE JOHN WICK EXPERIENCE AND/OR ANY OF ITS LICENSORS AND/OR PARTNERS (INCLUDING THE RELEASED PARTIES) AND/OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, INSURERS, OWNERS, PARTNERS, MEMBERS, PERSONNEL, VENDORS, OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, ARISE FROM, RELATE TO, OR OTHERWISE IN CONNECTION WITH THE PURCHASED TICKETED EVENT, EVEN IF THE JOHN WICK EXPERIENCE AND/OR ITS LICENSORS AND/OR PARTNERS (INCLUDING THE RELEASED PARTIES) AND/OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, INSURERS, OWNERS, PARTNERS, MEMBERS, PERSONNEL, VENDORS, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE JOHN WICK EXPERIENCE AND/OR ANY OF ITS LICENSORS AND/OR PARTNERS (INCLUDING THE RELEASED PARTIES) AND/OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, INSURERS, OWNERS, PARTNERS, MEMBERS, PERSONNEL, VENDORS, OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY LOSSES OR INJURIES THAT ARISE OUT OF THE ACT OR OMISSIONS OF THE JOHN WICK EXPERIENCE AND/OR ANY OF ITS LICENSORS AND/OR PARTNERS (INCLUDING THE RELEASED PARTIES) AND/OR THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, REPRESENTATIVES, INSURERS, OWNERS, PARTNERS, MEMBERS, PERSONNEL, VENDORS, OR SUPPLIERS, THE LOSSES OR LIABILITY, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OR EXPLOITATION OF ANY SITE, ANY INTELLECTUAL PROPERTY RIGHT OR OTHER PROPERTY RIGHT OF ANY PARTY, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY ANY PARTY (INCLUDING THE RELEASED PARTIES), AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE USE, DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, ANY INTELLECTUAL PROPERTY RIGHT OR OTHER PROPERTY RIGHT OF ANY PARTY, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY ANY PARTY (INCLUDING THE RELEASED PARTIES) OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY MAKING YOUR PURCHASE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Payment
The ticketholder is entitled to the benefits of the ticket which ticketholder holds. The benefits and rights of a ticketholder may not be shared with another individual.
Your purchase entitles you to only those benefits specified for your particular purchase, subject to change as provided herein. You may not have access to benefits of other services or products not purchased.
When you use make your purchase, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
When you make a one-time purchase (for example, a standalone product or ticket), we will charge or debit your payment method at the time of purchase.
If your credit card expires or your payment method is otherwise invalid, your subscription or purchase will not automatically be terminated. You will remain responsible for all charges.
You will be responsible for all costs we may incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
Effective Date: February 3, 2025
