Agreement to Terms and Conditions

 

By signing these DC Jazz Festival® Terms and Conditions (the "Terms") and/or purchasing one or more tickets to the DC Jazz Festival event (the "Festival"), you ("Patron," "you" and "your") will have agreed to be bound by these Terms. These Terms are a legally binding agreement between the DC Jazz Festival, a 501(c)(3) non-profit service organization (“Organizer,” "we," "us" and "our"), and the Patron. If you do not accept these Terms, do not proceed with your ticket purchase. Please print or save to your computer, mobile phone or other electronic device a copy of these Terms for your records, and the current Terms can be viewed on the Organizer's website: https://www.dcjazzfest.org/.

 

Rain or Shine Policy

 

The Festival is a rain-or-shine event. Refunds will not be issued due to any weather-related circumstances that may impact the Festival (collectively, "Weather-related Adjustments"), including but not limited to:

 

• Changes, delays or interruptions in or shortened performances or event schedules as a result of decisions made by the Organizer based on actual or forecasted rain, lightning, thunder, hail, windstorm or any other adverse weather conditions.

• Early closures or pauses in programming due to safety precautions for attendees, staff, and performers due to such actual or forecasted conditions.

 

For example, if the Festival is shortened or temporarily halted due to potential lightning conditions, this will not be considered a cancellation, and refunds will not be provided. The Festival will resume if and as conditions may allow in the Organizer's sole judgment, and Weather-related Adjustments do not constitute a cancellation. If the Festival is rescheduled, tickets will automatically transfer to the new date, and refunds will not be provided for rescheduled events unless explicitly stated by the Organizer.

 

Authorized Ticket Sales and Ticket Delivery

 

Tickets to the Festival are sold only through the Organizer's website or authorized online third-party sellers such as Ticketmaster® and Eventbrite (collectively, "Authorized Sellers"). Walk up Patrons will be directed to the Organizer's website to purchase their tickets. Tickets purported to be sold by persons through third-party marketplaces, including without limitation Tickets On Sale, Event Tickets Center, AXS Tickets, Vivid Seats, SeatGeek, StubHubTM and Tickets Center (collectively, "Unauthorized Marketplaces"), are unauthorized sales, may be fraudulent tickets, and may not be accepted at the Festival.

 

Tickets are delivered only electronically by transmitting them to the e-mail address that you provide to us or an Authorized Seller in connection with the sale of the tickets. Please save the tickets to your mobile device or print them including the bar code to present at the Festival.

 

Refund and Cancellation Policy

 

Refunds are only granted in the following two cases:

• Full event cancellation by the Organizer (which as discussed above does not include any Weather-related Adjustments).

• Proven unauthorized or fraudulent ticket purchases, provided that the purchases were made through a website of the Organizer or an Authorized Seller.

 

By signing these Terms and/or purchasing one or more tickets, you acknowledge and agree that refunds will not be provided for any reason other than the two cases listed above.

 

Without limiting the foregoing, refunds will not be provided for:

• Changes to the schedule, venue or lineup.

• Patron no-shows, late arrivals (including without limitation due to traffic or parking delays) or dissatisfaction with specific performances, venue or any other aspects of the Festival.

• Weather-related Adjustments.

• Inability to process electronic tickets at the Festival due to failures of Patron's electronic device or third-party system failures.

 

For tickets purchased through Authorized Sellers, their specific chargeback and refund policies may apply. Patrons should refer to the terms of the Authorized Seller platform used for purchase.

 

Event Insurance

 

Patrons may purchase optional event insurance through third-party providers to cover unforeseen personal circumstances that prevent attendance (e.g., illness, travel disruptions). This insurance is not provided by the Organizer and is subject to the terms and conditions of the third-party provider.

 

VIP Policies

 

• Patrons purchasing VIP tickets are entitled to the benefits listed at the time of purchase, which may include priority seating, exclusive access areas, and other perks.

• VIP tickets are non-transferable without prior approval from the Organizer.

• The Organizer reserves the right to modify VIP offerings due to operational or safety needs without refunds, provided reasonably equivalent alternatives are offered.

 

Festival Name on Your Credit Card or Bank Statement

 

The charge to your credit card or debit to your bank account for your ticket purchase or purchases will be listed on your credit card or bank statement as the following or a substantially similar merchant name:

 

WP* DC Jazz Festival, Washington USA

​

Please keep this name in mind when checking your statements, and you agree to check your statement for this name to avoid unnecessary questions about your purchase.

 

Chargeback Policy

 

A "chargeback" (sometimes also referred to as a billing error) refers to a purchaser of goods or services contacting their card issuer or bank to dispute a transaction. A chargeback should only be initiated for a legitimate reason, such as unauthorized or fraudulent ticket purchases made through a website of the Organizer or an Authorized Seller. If you believe your ticket purchase made through a website of the Organizer or an Authorized Seller was unauthorized or fraudulent, contact your financial institution immediately and notify the Organizer. We will cooperate with investigations to resolve the matter.

 

Based on matters you agree to pursuant to these Terms, the following are not legitimate bases for contacting your card issuer or bank with respect to a ticket purchase, and you therefore should not initiate a chargeback with respect to any of these matters:

 

• Any situation where, pursuant to the “Rain or Shine Policy” section of these Terms, you have agreed that you are not entitled to a refund, including because of a Weather-related Adjustment.

• You purchased the tickets through an Unauthorized Marketplace instead of through the Organizer or an Authorized Seller as discussed in the “Authorized Ticket Sales and Ticket Delivery” section of these Terms.

• You claim the tickets were not delivered when they were sent to the e-mail address you provided for delivery of tickets in connection with the sale as also discussed in the “Authorized Ticket Sales and Ticket Delivery” section of these Terms.

• You didn't recognize the transaction on your statement when your statement used our name as set forth in the “Festival Name on Your Credit Card or Bank Statement” section of these Terms or a substantially similar merchant name.

 

If you still think that there is a basis for a chargeback, you should contact us first at tickets@dcjazzfest.org as soon as the issue arises. If you have a legitimate basis for a chargeback, in most cases we can quickly resolve the matter directly with you. We may ask you to provide information relating to your claim.

 

Also, you should keep in mind that non-legitimate chargebacks will be disputed by us, and Patrons may be liable for associated fees or legal expenses incurred by the Organizer to the extent permitted by card network and bank rules and the law. Also, in our discretion we may choose to decline to sell tickets to the Festival in the future to a Patron who initiated a chargeback in violation of this section.

 

Assumption of Risk

 

By attending the event, you acknowledge and accept the following risks:

• Weather-Related Risks: Exposure to rain, lightning, hail, high wind or other adverse weather.

• Health Risks: Potential exposure to communicable diseases, including COVID-19.

• Inherent Risks of Public Events: Risks associated with large gatherings, including accidents, injuries or other unforeseen circumstances.

 

The Organizer assumes no liability for any injury, illness or damages arising from attendance unless caused by the Organizer’s gross negligence or reckless or intentional conduct.

 

Liability Waiver

 

By purchasing a ticket, you agree to release, waive and hold harmless the Festival, the Organizer, and their board members, officers, employees, contractors and affiliates (“Releasees”) from any claims, costs, losses, expenses or damages, including claims arising out of the negligence of the Releasees, and including but not limited to:

 

• Personal injury, property damage or theft occurring during or in connection with the Festival.

• Consequential damages and losses arising from Festival modifications, delays or cancellations (except as outlined in the refund policy).

 

Conduct Policy

 

Patrons must adhere to all Festival rules, including:

 

• Complying with security screenings and prohibited items policies.

• Respecting event staff, performers and fellow attendees.

 

The Organizer reserves the right to deny entry or remove individuals that Organizer or its agents in their sole judgment deem to be engaging in disruptive or illegal behavior, without refund.

 

Intellectual Property and Media Release

 

By attending the Festival, you consent to being photographed, filmed or recorded. The Organizer retains the right to use this content for promotional, commercial or archival purposes without compensation.

 

Force Majeure

 

The Organizer is not responsible for non-performance or Festival modifications due to circumstances beyond its control, including but not limited to:

 

• Natural disasters.

• Acts of terrorism.

• Power failures.

• Government restrictions or pandemics.

 

Dispute Resolution and Choice of Law

 

• Agreement to Arbitrate. In the event of any dispute between you and us (a “Claim”), you agree to first engage in good-faith negotiations with us to resolve the Claim.  If you or we determine that we are unable to resolve the Claim through these negotiations, you or we may choose to resolve the Claim by binding arbitration, rather than in court. Any Claim (except for a Claim challenging the validity or enforceability of this Arbitration Agreement and Class Action Waiver) may be resolved by binding arbitration. THIS MEANS IF YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. 

 

Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claims later asserted in that lawsuit.

 

• CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 

 

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. The arbitrator may not award class or representative relief. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular Claim for relief, then after all appeals from that decision have been exhausted, that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver. 

 

• Small Claims Court. You and we may not choose to arbitrate any individual Claim you or we bring in small claims court (or an equivalent court). This means you or we may bring an action in small claims court (or an equivalent court) without being subject to arbitration. However, if a Claim is transferred, removed, or appealed from small claims court to a different court, or if any Claim brought in small claims court exceeds the small claims court limit, you or we may then choose to arbitrate.

 

• Governing Law and Rules. These Terms are governed by and construed in accordance with the laws of the District of Columbia, without giving effect to any conflict of law principles, except that this arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state or District of Columbia law. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to AAA’s Consumer Arbitration Rules in effect at the time the arbitration is initiated. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing. If AAA declines to administer an arbitration and the parties cannot agree on an alternative arbitration provider, either party may ask a court with jurisdiction to appoint an arbitration provider pursuant to Section 5 of the FAA.

 

The rules for the arbitration will be those in this Arbitration Agreement and the AAA rules.  In the event of a conflict between this Arbitration Agreement and the AAA rules, this Arbitration Agreement shall govern. 

 

• Fees and Costs. If you cannot afford to pay your share of the AAA’s or arbitrator’s costs and cannot obtain a waiver of those costs, we will advance those costs if you ask us in writing and are acting in good faith. Any such request must be sent to us at tickets@dcjazzfest.org. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask you to reimburse us for the money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys’ fees and costs you actually paid. The arbitrator may also allocate compensation, expenses, and administrative fees (including filing and hearing fees) to any party upon the arbitrator’s determination that the party’s claim or counterclaim was frivolous.  Except as provided in this section, you are responsible for all of your legal fees and costs.

 

• Hearings and Decisions. Arbitration hearings will take place before a single arbitrator in Washington, D.C. The arbitrator must follow all applicable substantive law, except when contradicted by the FAA; follow applicable statutes of limitations; honor valid claims of privilege; and issue a written decision including the reasons for the award. The arbitrator’s decision will be final and binding except for any review allowed by the FAA. 

 

Any arbitration award may be enforced in any court with jurisdiction. Any finding, award, or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award, or judgment from any other arbitration shall impact the arbitration of any Claim. 
 

• Third-Party Beneficiaries.  In addition to you and us, the rights and duties described in this Arbitration Agreement extend to any other parties involved in any Claims, including but not limited to our officers, directors, employees, affiliated companies, and vendors.

 

• Survival. This Arbitration Agreement shall 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). 

 

• Right to Reject Arbitration. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within thirty (30) days after the date you sign this Agreement. You must send your request to tickets@dcjazzfest.org. The request must include your full name, address, phone number, account number, signature, and the statement “I reject the Arbitration Agreement contained in the DC Jazz Festival Terms and Conditions.” No one else may sign the request for you. Your request must not be sent with any other correspondence. If you exercise the right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration. Rejection of arbitration for this Agreement will not constitute rejection of any prior or future arbitration agreement between you and us.

 

Amendments to Terms

 

The Organizer reserves the right to change (add to, delete or modify) these Terms at any time by posting revised Terms to the Organizer's official website. Please see the revision date above for the effective date of the Terms.

 

Acceptance of Terms

 

By signing these Terms and/or purchasing a ticket, you affirm that:

• You have read, understood and agreed to these Terms.

• You accept all policies regarding refunds, Weather-related Adjustments, chargebacks, VIP offerings, liability, dispute resolution and insurance options.