Ticket Terms & Conditions
The World Games (“Games”) is hosted by the City of Birmingham and TWG 2021 Birmingham Foundation (collectively shall be known as the “Games Organizers”). Any purchase or possession of tickets (including wristbands and credentials, collectively, the “Ticket(s)”) for the Games constitutes the irrevocable acceptance of, and the agreement to be bound by all of the terms and conditions contained herein (the “Terms”), by ticketholder as either the purchaser, custodian or bearer of the Ticket(s), and any minor for whom such ticketholder is legally responsible for (if applicable) (ticketholder and any such minor hereinafter collectively referred to as “Holder”, and/or “You”). Holder further acknowledges and agrees that the Games Organizers may, from time to time, modify, add, remove, supplement, amend, update or otherwise revise any or all of the terms and conditions contained herein, without advanced, direct or individual notification to You and such revisions shall, at the sole and absolute option of the Games Organizers, relate back to the date of purchase. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT PURCHASE AND/OR USE TICKET(S).
ALL SALES FINAL; NO REFUNDS, NO EXCHANGES, NO REPLACEMENTS; NO RESALE OF COMPLIMENTARY TICKETS.
All events, prices, countries, performances, venues, dates and times are subject to change without notice. All sales are final. Tickets will not be replaced, refunded or exchanged for any reason whatsoever. You may not resell a complimentary Ticket. When reselling Tickets that were purchased by You (i.e., Tickets that were not complimentary), it is your responsibility to comply with all applicable local, state, federal, and international laws, statutes, and regulations.
You understand that these Terms contain a release of certain rights—including your right to sue—in favor of, among others, the Games Organizers, and each of their respective directors, officers, employees, affiliates and agents thereof, as well as those entities and individuals listed in the section of these Terms titled, “Release and Waiver of Liability & Promise Not to Sue”.
ASSUMPTION OF ALL RISKS
You fully understand that attending the Games may involve inherent and other risks, hazards, and dangers to yourself, property and other people that may include but are not limited to: misinformation and instructions or the lack thereof, defective facilities or premises related to the Games, temperature, vehicular traffic, weather, lack of hydration, property damage, serious emotional trauma and/or bodily injury, physical injury, disability (temporary, permanent, or otherwise), dismemberment, death, acts of terrorism, criminal activity, illness (including without waiver illness resulting from exposure to bacteria, viruses, foodborne illness, infectious diseases, and/or communicable diseases arising from or related to Your attendance at the Games, such as, without limitation, the disease COVID-19, as defined by the World Health Organization and any strains, variants, or mutations thereof, and SARS-CoV-2, the virus that can cause COVID-19), unavailability of immediate medical attention, scrapes, cuts, bruises, bites, stings, broken bones, sprains, adverse weather conditions, your own actions, inactions, and/or negligence, and/or the actions, inactions, and/or negligence of other attendees and/or TWG. You understand that there may be risks that are not known or reasonably foreseeable at this time. You agree freely and voluntarily to attend the Games in spite of the inherent risks. You acknowledge the above risks and fully accept and assume all risks and all responsibility for losses, costs, and damages that You may incur as a result of Your attendance at the Games. Games Organizers are not responsible for lost or stolen articles at the Games.
RELEASE AND WAIVER OF LIABILITY & PROMISE NOT TO SUE
You, on behalf of Yourself, Your minor, Your family member(s), Your personal representatives, heirs, executors, administrators, estate, assigns, and any and all other similar persons and entities (collectively and individually, the “Releasing Parties”) HEREBY RELEASE, DISCHARGE AND PROMISE NOT TO SUE THE GAMES ORGANIZERS, the sponsors and hosts of the Games, the venues of the Games, the broadcasters and/or streamers of the Games, the medical and healthcare service providers of the Games Organizers and of the Games, the concessionaires of the Games Organizers and of the venues of the Games, the International World Games Association, the City of Birmingham, Alabama, The Birmingham Park and Recreation Board, Bruno Event Team, L.L.C., the Alabama Department of Transportation, the Birmingham-Jefferson Civic Center Authority, ZOOM Motorsports, L.L.C., Barber Vintage Motorsports Museum, Barber Motorsports Park, LLC, Barber Motorsports Park 2, LLC, Barber Motorsports Park 3, LLC, Team Barber, LLC, Bruno Hospitality, LLC, Tram Rental, LLC, George W. Barber, Jr., Gene Hallman, Jr., Ronald Bruno, Railroad Park Foundation, Birmingham-Southern College, The Board of Trustees of The University of Alabama for The University of Alabama at Birmingham, The University of Alabama at Birmingham, UAB Medicine, UAB Medicine Enterprise, UAB Hospital, UAB Health System Authority, UAB Callahan Eye Hospital Authority, The Health Care Authority for Medical West, an Affiliate of the UAB Health System, St. Vincent’s Birmingham, Ascension St. Vincent’s Birmingham, Bevill State Community College, Grandview Medical Center, Grandview Health, Brookwood Baptist, Alabama Power Company, Alabama Property Company, the Alabama Department of Conservation and Natural Resources, the City of Hoover, Alabama, The Public Park and Recreation Board of the City of Hoover, John Carroll High School, Inc., and Birmingham Barons, LLC, together with their respective successors, predecessors, assigns, affiliates, administrators, directors, officers, trustees, shareholders, members, managers, agents, contractors, subcontractors, volunteers, and employees (collectively and individually, “the Released Parties”), from all liability, claims, demands, losses, or damages of any kind, type, or nature, which arise out of or are related in any way to Your attendance at the Games, including but not limited to claims that arise out of or are related to NEGLIGENT actions and/or inactions of the Released Parties, to the fullest extent permitted by law. Without limiting anything in this Release and Waiver of Liability & Promise Not to Sue provision, You understand and acknowledge that the Released Parties may include legal entities (for illustrative purposes only, corporations, partnerships, and/or limited liability companies) associated with and/or operating under the trade names or doing-business-as (d/b/a) names listed herein.
You, on behalf of Yourself and all other Releasing Parties agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from and against any and all claims demands, losses, or damages of any kind, type, or nature made, brought, or incurred by anyone, including any of Releasing Parties, arising out of or in any way related to Your attendance at the Games, including but not limited to claims arising out of NEGLIGENT actions and/or inactions of the Games Organizers to the fullest extent permitted by law. Your indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals.
You understand that the Games Organizers may provide parking for the Games at designated parking lots. You fully understand that parking in such designated lots may involve inherent and other risks, hazards and dangers to Yourself and Your property. By parking in any such designated parking lot, You hereby assume all risk of personal injury, death, damage to property, or loss of property arising out of Your use of the designated parking. You, on behalf of Yourself and other Releasing Parties also hereby release, discharge and promise not to sue the Released Parties and the owner/lessor of the parking site and its successors, predecessors, assigns, affiliates, administrators, directors, officers, agents, volunteers and employees from all liability, claims, demands, losses, or damages, which arise out of, or are related in any way to Your use of the designated parking site, including but not limited to claims that arise out of or are related to NEGLIGENT actions and/or inactions of the Released Parties or the owner/lessor of the parking site and its successors, predecessors, assigns, affiliates, administrators, directors, officers, agents, volunteers and employees to the fullest extent permitted by law. Nothing in this section shall in any way limit the Assumption of All Risks, Release and Waiver of Liability & Promise Not to Sue, and/or Indemnity sections of these Terms.
Without limiting anything in the Release and Waiver of Liability & Promise Not to Sue section of these Terms, except as otherwise agreed to by the Games Organizers in writing, You hereby release and forever discharge the Released Parties from any claim whatsoever which arises out of or relates to or may hereafter arise out of or related to any first aid, treatment, or medical service of any type, kind, or nature rendered in connection with Your attendance at the Games (“Medical Treatment”). You hereby consent to receive Medical Treatment, which may be deemed advisable in the event of injury, accident, and/or illness during the Games.
For everyone’s safety, all attendees must abide by the Game’s Bag Policy. Attendees will not be permitted to bring non-approved bags into Games Events under any circumstances.
NO PETS ALLOWED. ONLY SERVICE ANIMALS PERMITTED
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. For more information, please refer to the U.S. Department of Justice.
INCLEMENT WEATHER/FORCE MAJEURE
Games Organizers shall have no responsibility, financial or otherwise, for Event and/or Games cancellation, delay or interruption due to inclement weather or other acts beyond their control, including but not limited to Force Majeure events as defined herein, and will not refund Holder in such situations unless decided otherwise by the Games in its sole and absolute discretion as provided herein. Upon the occurrence of the Event and/or Games cancellation due to reasons, including but not limited to, events outside the Games Organizers’ reasonable control, acts of God, public health emergencies (including, but not limited to, as a result of epidemics and pandemics), riots, wars, insurrection of military power, civil rebellion, acts of terrorism, production delays, strikes, hurricanes, tropical storms, earthquakes, floods, natural disasters or inclement weather (regardless of severity), any federal, state or local government law, order, or regulation, order of any court or jurisdiction, Games Organizers shall, at their sole and absolute discretion (a) have the right, but not the obligation, to issue a refund to Holders, OR shall at their sole and absolute discretion, (b) elect to postpone the Event and/or the Games OR (c) cancel the Event and/or the Games without further legal or financial obligation or liability to Holder, including the obligation to issue a refund or to reschedule the Event and/or the Games. Purchasing Tickets pursuant to these Terms subjects Holder to a high degree of risk relative to possible the Event and/or Game’s cancellations. If the Games Organizers elect to issue a refund, an amount equivalent to the face value of Ticket(s) only shall be refunded to the payment method by which the purchase was originally made. Under no circumstances shall Holder be entitled to a refund of any shipping, handling or other processing fees.
RIGHT TO USE YOUR NAME, VOICE, IMAGE AND LIKENESS
By using a Ticket, Holder hereby grants Games Organizers and their affiliates and licensees the irrevocable, transferable, perpetual right and license to record (by photograph, film, tape, aural devices and any other method or device) the Holder’s name, voice, image and likeness while at the Games (the “Recordings”) and publish, print, display, or use such Recordings for any and all purposes, in any and all media now known or hereafter devised. No cameras or recording devices are permitted at the Event, except as approved in advance by the Games Organizers.
If any term or provision of these Terms is held to be invalid, illegal, or unenforceable in any respect by any court of competent jurisdiction or arbitral authority, or enforceable only if modified, such finding shall not affect the validity of the remainder of these Terms, which shall remain in full force and effect. You and the Games Organizers further agree that any such court or arbitral authority is expressly authorized to modify any such invalid, illegal, or unenforceable term or provision of these Terms in any manner deemed necessary to carry out the intent and agreement of the parties, as embodied by these Terms, to the maximum extent permitted by law; provided, however, that if modification would cause an illogical, unreasonable, or inconsistent result, such invalid, illegal, or unenforceable term or provision shall be deemed severed from these Terms without affecting the validity or enforceability of any other term or provision.
CHOICE OF LAW
These Terms and all claims or disputes arising out of or related to these Terms and/or the Games, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the constitution and laws of the State of Alabama, including but not limited to all applicable immunities afforded by Alabama law and statutes of limitation and/or repose, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Alabama.
These Terms contain the full and entire understanding and agreement between You and the Games Organizers regarding the subject matter hereof and supersedes any and all prior written or oral agreements or understandings regarding same.
BINDING ARBITRATION, JURY WAIVER, AND CLASS ACTION WAIVER
YOU AGREE THAT, UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS, THE GAMES, YOUR ATTENDANCE AT THE GAMES, AND/OR EXPOSURE TO COVID-19 OR ANY COMMUNICABLE OR INFECTIOUS DISEASE DURING YOUR ATTENDANCE AT THE EVENT, NOW OR IN THE FUTURE, WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE BUT ARE NOT LIMITED TO COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). YOU ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES YOUR RIGHT TO GO TO COURT. YOU THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY (THE “JURY TRIAL WAIVER”). YOU AGREE THAT YOU THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), AND YOU ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY (THE “CLASS ACTION WAIVER”). YOU ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms, including the arbitrability of any dispute and any claim that all or any part of these Terms are void or voidable. You acknowledge that it is intended hereby that the scope of claims subject to arbitration be as expansive as permitted by law.
In the event of a dispute, You agree to send a notice of dispute, which is a written statement that sets forth my name, address, and contact information; the facts giving rise to the dispute; and the relief requested to the Released Parties at 950 22nd Street North, Suite 600 Birmingham, AL 35203, Attention: Legal. The Released Parties will send any notice of dispute to You at the contact information that they have for You. The Released Parties and You will attempt to resolve a dispute through informal negotiation within thirty (30) days from the date the notice of dispute is sent. After that thirty (30) day period and not before, the Released Parties or You may commence an arbitration proceeding, and You recognize that the negotiation process outlined herein is a necessary pre-condition to commencing an arbitration proceeding or any other legal action permitted under these Terms. Notwithstanding anything herein to the contrary, You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not You negotiated informally first.
If the Released Parties and You do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the State of Alabama; provided, however, that if circumstances prevent You from traveling to the State of Alabama, JAMS may hold an in-person hearing in Your hometown area. The Released Parties and You agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Alabama 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. The arbitrator may award damages to You individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either You or the Released Parties) is responsible for paying the filing fee. However, if the arbitrator issues You an award of damages and: (a) that award is greater than the amount of the Released Parties’ last written settlement offer; or (b) if the Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Released Parties will reimburse You for the filing fees You incurred.
Should JAMS be unavailable, unable, or unwilling to accept and administer the arbitration of any claim or otherwise refuse or decline to accept and administer the arbitration of any claim—in whole or in part and for any reason whatsoever—this agreement to arbitrate shall not fail or be invalidated as a result. Rather, the party initiating the claim shall commence an arbitration before the American Arbitration Association (“AAA”), under its set of rules and procedures that are substantially similar to the JAMS Rules (the “AAA Rules”). Other than the change in arbitration forum from JAMS to AAA and, thereby from the JAMS Rules to the AAA Rules, all other provisions of these Terms regarding arbitration shall apply in an arbitration before the AAA.
Except as provided above with respect to jurisdiction in the State of Alabama, nothing in this arbitration provision shall be construed as consent by the Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement.
This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
VENUE BUT FOR ARBITRATION
In the event that neither party elects to resolve disputes under binding arbitration, as provided above, any legal action arising out of or relating to these Terms, the Games, Your participation or attendance at the Games shall be commenced exclusively in a court of appropriate jurisdiction in Birmingham, Jefferson County, Alabama (state or federal, as applicable or available). You acknowledge and agree that the Class Action Waiver and the Jury Trial Waiver shall apply before any court, tribunal, arbitration, or any other forum in which a claim is ultimately asserted, pleaded, made, heard, or adjudicated, regardless of the availability of JAMS or AAA.
As responsible members of the community, Games Organizers recognize the concern about drinking and driving, and its policy is to encourage responsible consumption of products while attending the Event(s). Attendees who consume alcoholic beverages, including but not limited to You, must do so in a responsible manner. Due to the sheer number of Event attendees, the Released Parties cannot ensure that all attendees who intend to drive are capable of driving. Accordingly, and without limiting anything in the Release and Waiver of Liability & Promise Not to Sue and Indemnity sections of these Terms, Holder agrees to release, indemnify, and hold harmless the Released Parties from any liability related thereto.
CODE OF CONDUCT
All attendees (including Holders, sponsors, speakers, media, exhibitors and other participants) must abide by the Game’s Code of Conduct at all times. Anyone found to be in violation of any of such terms will be asked to immediately leave the Event, without refund.
We believe that the Games events should be enjoyed by all attendees. As such, we are committed to providing a safe and welcoming environment for all. We invite all sponsors, speakers, attendees, media, exhibitors and other participants to help us realize a safe and positive event experience for everyone.
Please be courteous and respectful to those around you and refrain from behavior that interferes with others’ ability to enjoy the Event. Refrain from demeaning, discriminatory or harassing behavior and speech. Be mindful of your surroundings and of your fellow participants. Alert event organizers if you notice a dangerous situation or someone in distress. Attendees shall comply with all requests from Games staff regarding operational and emergency procedures. Wear your bracelet and/or badge, if one is provided to you, at all times while at the event or event venues.
Unacceptable behavior will not be tolerated whether by an attendee, media, speaker, volunteer, organizer, venue staff, partner, sponsor, or exhibitor. Anyone asked to stop unacceptable behavior is expected to immediately comply. If anyone is found to be engaging in unacceptable behavior, the event organizers may take any action they deem appropriate, up to and including expulsion from the event without warning or refund and if appropriate, involvement of local law enforcement. Unacceptable behaviors include:
- Intimidating, harassing, abusive, discriminatory, derogatory, or demeaning conduct by any attendee of the event or related event activities. Many event venues are shared with members of the public; please be respectful to all patrons of these locations.
- Physical or verbal abuse, intimidation, threats, annoyance, harassment, stalking, pushing, shoving or use of any physical force whatsoever against any person, which in any way creates a disturbance that is disruptive or dangerous, or creates apprehension in a person, as determined by the Games and its event management, in their sole discretion.
- Possession of a weapon or any item that can be used as a weapon, which may be used to threaten or cause injury to others if used in a certain manner.
- Any destruction or vandalizing of personal property or event site or materials.
- Any boisterous, lewd or offensive behavior or language, using sexually explicit or offensive language or conduct, profanity, obscene gestures, or racial, religious or ethnic slurs.
- Possessing any open can, bottle or other receptacle containing any alcoholic beverages, except in areas specifically designated for the consumption of alcohol or being intoxicated, as determined by the Games, in any event venue or function. Please drink responsibly.
- Possessing any illegal substance, including but not limited to narcotics, marijuana, or other illegal drugs. The Games does not tolerate the use or abuse of illegal substances anywhere in the event venues.
- Smoking is not permitted, other than in designated areas.
- Assembling for the purpose of, or resulting in, disturbing the peace, or committing any unlawful act or engaging in any offensive behavior.
- Any other illegal activity not already covered above.
- Failure to obey any of the rules or regulations of the event venues or instructions of the event staff.