COVID-19 WARNING AND ASSUMPTION OF LIABILTY
Cape Cod Melody Tent, South Shore Music Circus, and Music Circus Productions (“Music Circus”) are committed to doing everything we can to keep our guests and employees as safe as possible while still providing the superb sound and entertainment experience we are known for.
ALL EMPLOYEES AT OUR VENUE HAVE BEEN VACCINATED. HOWEVER, COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. ENTER AT YOUR OWEN RISK.
You, on your own behalf and on behalf of any accompanying minor(s), 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 Music Circus and its related entities —relating to such risks, hazards, and dangers arising from or related to attendance at events hosted by Music Circus.
NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER
The following contains an arbitration agreement and class action waiver, whereby you agree that any dispute or claim relating in any way to your use of the products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court, and you waive your right to participate in a class action lawsuit or class-wide arbitration (“Terms”).
We explain this agreement and waiver, along with some limited exceptions, in below:
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE, OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY US OR THROUGH US, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Massachusetts, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Vincent Longo, Chief Executive Officer / Executive Producer.
The arbitration will be conducted by JAMS alternative dispute resolution services, under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules, and applicable forms, are available online at http://www.jamsadr.com.
We each agree that the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
COVID-19 ACKNOWLEDGEMENT AND LIABILITY WAIVER
As a precondition to your admission onto the premises of the South Shore Music Circus (“Company”) for all 2021 Events (the “Event”), you and Company agree to the following:
You understand that Company has endeavored to comply with applicable governmental and public health guidance to create a safe environment for staff, performers, attendees, and other visitors to the Event. You understand that COVID-19 is a highly contagious disease transmitted through human contact and respiratory droplets (including through the air and via common surfaces), that it is possible that you may contract COVID-19 while at the Event, and that contracting COVID-19 could lead to sickness or death.
You assume all risk in connection with your admission to the Event. In consideration for Company allowing you admission onto the premises for the Event, on behalf of you and all of your heirs, executors, administrators, and assigns, you hereby waive and release any and all claims that you could bring against Company, any of its affiliates, or any of Company’s or its affiliates’ respective owners, shareholders, partners, members, executives, officers, directors, employees, or other personnel (collectively, the “Company Parties”) in any arbitration or court proceeding, including any cases arising from the Company Parties’ own negligence, except as prohibited by law. You promise not to sue any of the Company Parties in any court or arbitration based on any claim released or waived hereunder, either individually or as part of any group or class, and further promise not to authorize any other individual or non-governmental entity to pursue claims on your behalf.
You represent and warrant that (a) you fully understand the terms, conditions, and significance of this COVID-19 Acknowledgement and Liability Waiver and its binding effect; (b) you understand that you are waiving legal rights and remedies, including but not limited to any negligence or “tort” claims you otherwise could pursue; (c) you are competent to manage your affairs and enter into this COVID-19 Acknowledgement and Liability Waiver; (d) you are entering into this COVID-19 Acknowledgement and Liability Waiver knowingly, voluntarily, and without any pressure by any of the Company Parties; and (e) you have not assigned any of the claims waived hereunder to any other person or entity.
NIVA – Ticket Disclaimer Language
This ticket is a revocable license and may be taken up and admission refused upon refunding the purchase price appearing hereon and is grounds for seizure and cancellation without compensation. Holder of this ticket (“Holder”) voluntarily assumes all risks and danger incidental to the game or event for which this ticket is issued whether occurring prior to, during, or after same, including, but not limited to, contracting, and/or spreading the COVID-19 virus, and agrees that the organization, venue, presenter, agents, participants, or players are not responsible or liable for any injuries, sickness, or death resulting from such causes. Holder acknowledges that the COVID-19 pandemic remains a threat to individual and public health, COVID-19 is a highly contagious disease transmitted through human contact and respiratory droplets (including through the air and via common surfaces) and it is possible that Holder may contract COVID-19 while at the game or event for which this ticket is issued. Holder agrees by use of this ticket not to transmit or aid in transmitting any description, account, picture, or reproduction of the game or event to which this ticket is issued. Breach of the foregoing will automatically terminate this license. Holder agrees that the license comprised by this ticket may be removed and Holder may be ejected from the game or event for which this ticket is issued in the event that Holder violates any law, ordinance, or venue regulation. Holder grants permission to the organization sponsoring the game or event for which this ticket is issued to utilize Holder’s image or likeness in connection with any video or other transmission or reproduction of the event to which this ticket relates
The South Shore Music Circus will be following state and local guidelines for all events regarding masks and social distancing. The State of Emergency in Massachusetts has been rescinded so patrons are no longer required to wear masks on the premises. The state advises unvaccinated patrons to wear a mask if social distancing is not possible. If you want to wear a mask, you have the option to bring your own or take one that will be available onsite.
*All Faculty and Staff have been Fully Vaccinated for your safety*
All concerts go on rain or shine. The venue is covered by an open-air tent to protect from the elements.
You will not be permitted to re-enter if you leave the venue at any time.
Safety and Security Policies
Photography and Recording