1.Acceptance of Terms

The Failure Ball, a Colorado Nonprofit Corporation, (the “Host,” “us” or “we”) offers tickets to attend a special event, the Failure Ball (“the Ball”) wherein we provide you with a gala experience to celebrate screw-ups. Entry to the Ball includes food, drinks, community building with fellow freelancers and people, and entertainment, as well as an opportunity to support the charitable work of To Write Love on Her Arms (“the Charity”). 

By purchasing a ticket to the Ball, you accept and agree to be bound by all of the following Terms and Conditions of Entry (“Terms”).  

We reserve the right to change these Terms and the specific inclusions provided in exchange for ticket purchase before the Ball, with or without advance notice to you. You acknowledge and agree that it is your responsibility to periodically review these Terms. Your attendance of the Ball using the ticket purchased here will be considered acknowledgement and acceptance of the modified Terms. 

2. Payments and Non-Tax Deductibility

By purchasing a ticket, you agree to pay the price indicated on the ticket check-out page. Your spot at the Ball is not reserved until the ticket price has been paid in advance and your purchase has been confirmed. 

You understand that although the Ball is a fundraising event for the Charity, you are receiving an exchange of value in the form of food, drinks, and entertainment at the event, and thus, your payment of the ticket price is not tax-deductible. Additional donations made at the event above and beyond the price of entry may be tax-deductible.  

3. No Refunds

You understand that your payment of the entire ticket price is nonrefundable, as it serves to compensate the Host for reserving space for you at the Ball, preparing for the Ball by booking services and purchasing products from third parties, and turning away other potential Ball attendees.

Due to the subjective nature of special events, refunds are also not available if you are dissatisfied with your experience at the Ball. 

4. Vaccination Requirement

You understand and agree that complete vaccination from and against COVID-19, as demonstrated by a valid COVID-19 proof of vaccination card provided to you from a licensed and regulated vaccine provider, is required for all attendees of the Ball. 

You will be required to show your vaccination card and a matching government-issued ID before gaining entry to the Ball. If you do not have proof of vaccination or a matching ID at the time of the Ball, you will be denied entry to the Ball without refund, notwithstanding your purchase of a ticket or any assurances of vaccination beyond an officially-issued card. 

You agree that the name on your ticket MUST match the name on your COVID-19 vaccination card and government-issued ID. 

5. Right to Deny Entry

The Host further reserves the right to deny entry to you for any lawful reason. No one will be denied entry on the basis of discrimination against a protected class, but the Host may otherwise deny entry to anyone, for any lawful reason, within the Host’s sole discretion, without advance explanation, and without refund. 

6. Lawful and Respectful Conduct

You agree to abide by all applicable laws and regulations at all times while attending the Ball. You also agree to respect the Host and its representatives, Ball sponsors and speakers, and other Ball guests, and to conduct yourself accordingly at all times, including by abiding by these terms and other reasonable terms of entry imposed by the Host before or during the Ball. 

If the Host or any other attendee experiences any inappropriate, threatening, hostile, or offensive behavior from you, the Host may terminate your access to the Ball immediately, you will be required to leave the Ball, you will not be entitled to a refund, and you will hold the Host harmless for incomplete services. 

7. Food Allergies and Alcohol

If food is provided, the Host strives to offer options that exclude common allergens. However, the Host cannot guarantee that any of the products it serves are allergen free. Ingredients may be processed or prepared in facilities that also process allergens including nuts, wheat, dairy, and shellfish. The Host cannot accept requests to accommodate allergies or dietary preferences.

You also understand that you and other guests will have the option to consume alcoholic beverages during the Ball. If you choose to imbibe in any mind-altering substance during the Ball, you agree to do so in moderation, and to maintain respect, composure, and ability to safely participate in the special event without adverse impact to other attendees, at all times. 

8. Privacy Statement

To improve guest experience, we may collect information from you when you visit the Failure Ball website and purchase a ticket, including analytics such as your computer’s IP address, web pages requested, the referring web page, your browser, and the date and time that you access materials. We also use cookies to deliver web content specific to individual users’ interests and to keep track of online transactions. The Host does not collect or store your sensitive information. 

You give the Host permission to use information collected from your use of the website and purchase form, as well as information that you provide to us through our website and purchasing platform, for the purpose of delivering services and products related to the Ball and for selling additional services to you. We may provide your information to third parties in order to deliver services. We will not sell your information to third parties.

9. Model Release

You understand that the Host may photograph, video, or otherwise record the Ball and use such photographs and videos for marketing purposes. Additionally, a documentary film crew is considering filming the Ball and may use such footage in a documentary television program.

By purchasing a ticket in agreement with these Terms, you hereby consent to the use of your image and likeness that may appear in any photographs or videos created by the Host or by third-parties authorized to photograph and/or film by the Host. You grant the Host and any other parties photographing and/or filming at the Ball the right to use such images and video for any purpose, including advertising, broadcast television, online streaming, and in any other manner without restriction. You waive any right to compensation and to approve the images, their use, or any text that may be created and appear in connection with the images. 

This release is binding on the Participant and on the Participant’s heirs and assigns.

10. Release of Liability

You understand that attendees of any special event are at some risk of injury. For example, injuries could arise as a result of sharing sensitive information with the Host or other event attendees; tripping and falling; food allergies or choking; being injured by entertainment equipment; being exposed to communicable disease; or otherwise being injured as a result of event premises, particularly where alcohol may be consumed. Notwithstanding event precautions, you also understand that any social interaction increases the risk of COVID-19 transmission. You freely choose to attend a special event despite these risks. 

In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, on any theory of liability arising out of or in connection with the use of services related to the Ball. By purchasing a ticket and attending the Ball, you agree to release the Host and its employees, agents, employees, sponsors, contractors, and representatives from any and all claims that may directly or indirectly arise out of entry to, or inability to enter, the Ball, whether the claims arise from the Host’s negligence or some other cause. 

You explicitly release us from any liability associated with COVID-19 transmission. 

11. Force Majeure

In the event a force majeure occurrence makes it impossible or impracticable for the Ball to take place, the parties agree to make a good faith effort to reschedule the Ball. Should it be impossible to reschedule the Ball, all payments remain nonrefundable, compensating the Host for losses associated with planning and preparing for the Ball, including reservations, vendor payments, and other expenses incurred. 

Should a force majeure event make it impracticable or impossible for the Host or its subcontractors to attend the Ball but the Ball can otherwise go on unaffected, the Host shall refund your payments, less any nonrefundable expenses that the Retreat Host incurred to plan for and provide the special event prior to receiving notice of the force majeure event.

Force majeure events include, but are not limited to: (a) acts of God; (b) flood, fire, earthquake, avalanche, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) action by any governmental authority; and (f) national or regional emergency.

12. Governing Law

These Terms are governed and construed in accordance with the laws of the State of Colorado. Any legal action with respect to these Terms must be brought in the courts located in Arapahoe County, Colorado or the United States District Court for the District of Colorado.