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1. By making this purchase, you (“Purchaser”) agree to the terms and conditions set forth herein (the “Agreement”).
2. CFP Events, Inc. (“CFP”) does not commit to provide any services until Purchaser has received confirmation that payment in full has been received and CFP has provided the service assignment to Purchaser. CFP does not guarantee the quality of services provided by third parties. CFP is making arrangements on Purchaser’s behalf. By signing this Agreement, Purchaser acknowledges and agrees that Purchaser will not hold CFP or any of its subsidiaries and affiliates (collectively the “CFP Entities”) responsible for the quality of services. At the time of purchase, seat locations and hotel assignments may be made within specific zones or categories of like nature, quality, location, and kind, and may not include identification of actual seats (i.e., row and seat number within a specified section or portion of a section) or hotel rooms (i.e., “Double-Double” or “King” room type). Such actual identification will be prioritized on a first-come, first served basis. Purchaser assumes all responsibility for registering all of its guests at the hotels specified in the Description unless otherwise specifically agreed upon in writing by Purchaser and CFP. Individual guests at the hotels will be responsible for all incidental hotel expenses, except for room rate and associated room rate taxes.
3. Purchaser acknowledges and agrees that Purchaser shall not acquire any proprietary or other rights in or to, including without limitation any right to use, the CFP Trademarks (as defined below) by virtue of signing this form. Neither Purchaser nor any party shall use or display any CFP Trademarks, including without limitation using the CFP Trademarks or any reproduction of them, in any promotional materials (including any materials published on the Internet) related to this form. Under no circumstances shall Purchaser be entitled to produce merchandise bearing the CFP Trademarks. Nothing in this Section 3 shall limit the ability of Purchaser to purchase officially licensed products bearing the CFP Trademarks. For the purposes of this Agreement, “CFP Trademarks” means the names, symbols, emblems, designs, and colors of CFP. Purchaser acknowledges and agrees that all right, title and interest in and to the CFP Trademarks belongs to the CFP.
4. CFP reserves the right to refuse or revoke the admittance (with no refund) to any event described in the Package for any
person who acts in a disorderly or disruptive manner as determined by event officials and/or to refuse or revoke the use of
any other privileges granted in this Agreement due to such conduct. All terms and conditions set forth with respect to the
game tickets, events tickets, credentials and lodging accommodations provided pursuant to this Agreement shall apply to this Agreement.
5. Purchaser shall not resell or transfer all or any portion of the items set forth in the “Description” above (“Package”) to any person or entity without the prior written consent of CFP, which consent CFP may grant or decline to grant in its sole discretion. No element of the Package may be used in conjunction with any promotion, contest, sweepstake, advertisement or similar commercial endeavor without the prior written consent of CFP, which consent CFP may grant or decline to grant in its sole discretion. In the event of any such unauthorized transfer or use, CFP shall have the right to refuse or revoke the use of any tickets or other privileges provided in the Package, and Purchaser shall not be entitled to a refund of any part of the total Package fee.
6. THE CFP ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SHAREHOLDERS, EMPLOYEES, SPONSORS AND LICENSEES SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF PURCHASER OR PURCHASER’S EMPLOYEES, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS USING ANY PART OF THE PACKAGE RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO THEFT AND VANDALISM. THE CFP ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE PACKAGE IS PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Purchaser acknowledges and agrees that the monies paid are nonrefundable and Purchaser shall not be entitled to a refund of any portion of such monies even in the event that Purchaser wants to change the number or type of Packages purchased.
8. In the event (a) the College Football Playoff, the College Football Playoff National Championship Game, a College Football Playoff Semifinal Game (or other event described herein) is cancelled, postponed, delayed or rescheduled due to epidemic, fire, weather, strike, walkout, lockout, labor dispute, governmental order, court order or order by any other legally constituted authority, an act of God, public enemy, war, riot, act of terrorism, civil commotion or any other reason beyond the reasonable control of CFP or (b) any element of the Package is not available due to epidemic, fire, weather, strike, walkout, lockout, labor dispute, governmental order, court order or order by any other legally constituted authority, act of God, or public enemy, war, riot act of terrorism, civil commotion or any other reason beyond the reasonable control of CFP, CFP shall be fully excused for any delay or inability to perform due to the occurrence of any such events. CFP shall make reasonable efforts to recover costs paid by it to third parties for elements included in the Package. In the event CFP is successful in recovering any such costs or in obtaining the Package elements at a different time at no additional expense, CFP will reimburse a proportionate share of such recovered costs to Purchaser or deliver such available Package elements, as applicable. The preceding sentence shall in no way serve as CFP’s guarantee of or commitment to any specific refund amount of the monies paid or provision of replacement Package elements to Purchaser.
9. Purchaser will indemnify and hold harmless the CFP Entities from and against any liabilities, obligations, damages, losses, claims, demands, recoveries, settlements, deficiencies, costs or expenses (including, without limitation, reasonable attorneys’ fees and expenses) that the CFP Entities may suffer or incur in connection with, resulting from or arising out of Purchaser’s (or any third party hired or engaged by Purchaser): (a) breach of any of the representations, warranties, covenants or obligations contained in this Agreement; (b) noncompliance with any applicable federal, state, or local laws or regulations; (c) willful misconduct or negligence or (d) performance under this Agreement, including without limitation, any claims arising from or related to the sale, offering for sale, or distribution of alcoholic beverages.
10. Other than as specifically set forth herein in the description of the Package, Purchaser shall be responsible for all costs incurred in connection with its rights and obligations hereunder including, but not limited to: (a) all costs for services ordered from and/or rendered by any supplier/vendor in connection with this Agreement, such as utilities, telecommunications and security; (b) all materials used by Purchaser, such as staging, tenting, flooring, carpeting, display cases and other functional and design elements; (c) any guest transportation and lodging costs with the exception of the costs outlined herein, including transportation to or from the city in which the event is being held; and (d) any promotional materials used by Purchaser in connection with the Agreement. Purchaser and every party that Purchaser contracts with to provide the goods or services to Purchaser in connection with the Agreement must agree to look solely to the assets of each other for any recourse, and not to CFP.
11. Nothing herein shall be construed as creating a partnership, joint venture, agency or other representative relationship between CFP and Purchaser. Neither party will have the power to obligate or bind the other in any manner whatsoever. CFP in no way endorses, certifies or guarantees the quality of the products and/or services provided by Purchaser.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Purchaser may not assign its rights or obligations hereunder without the prior written consent of CFP. CFP may freely assign this Agreement and shall be fully released from any liability hereunder in the event of such assignment. No amendment to this Agreement shall be effective unless in writing and executed by all parties. This Agreement, along with the Client Terms and Conditions and any terms and conditions on related documentation (e.g., event tickets and credentials) constitutes the entire agreement of the parties and its provisions supersede any and all prior and contemporaneous agreements or understanding relating to the same subject matter. This Agreement (and each amendment, modification and waiver in respect of it) may be executed and delivered in counterparts (by PDF or facsimile), each of which shall be deemed an original and all of which, taken together, shall constitute one agreement.
PAYMENT: In consideration for the Packages listed above, Purchaser shall pay to CFP the Total Package Fee (which includes all applicable taxes).
PLEASE NOTE THAT CFP IS NOT UNDER ANY OBLIGATION TO PROVIDE ADDITIONAL INVOICES. PURCHASER ACKNOWLEDGES THAT PURCHASER MAY NOT DECREASE THE NUMBER OR LEVEL OF PACKAGES PURCHASED BETWEEN PAYMENTS (THE PARTIES MAY AGREE TO INCREASE THE NUMBER OF PACKAGES). PURCHASER WILL BE REQUIRED TO PAY FOR ALL OF THE PACKAGES DESCRIBED HEREIN. ADDITIONALLY, PURCHASER ACKNOWLEDGES THAT IF PURCHASER FAILS TO MAKE A TIMELY PAYMENT OF THE TOTAL AMOUNT OWED BASED ON THE ABOVE SCHEDULE, PURCHASER SHALL FORFEIT ANY PAYMENTS MADE TO DATE, AND CFP SHALL HAVE THE RIGHT TO RETAIN THE PAYMENTS WITHOUT ANY OBLIGATION TO PROVIDE THE PACKAGE ELEMENTS TO PURCHASER.
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