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J Tolbert Foundation

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jtolbertfoundation@gmail.com

caribbeanweekendkc

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Refund Policy:

KC Carnival 2022 (“Carnival”) is hosted by The J Tolbert Foundation, a Missouri not-for-profit corporation. Any purchase or possession of tickets (including wristbands and credentials, collectively, the “Ticket(s)”) for the Carnival constitutes the irrevocable acceptance of, and the agreement to be bound by all of the terms and conditions contained herein, by ticket holder as either the purchaser, custodian or bearer of the Ticket(s) (hereinafter referred to as “Holder”, and/or “You”). Holder further acknowledges and agrees that the Carnival 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 Festival, relate back to the date of purchase. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PURCHASE AND/OR USE TICKET(S).

ALL SALES FINAL; NO REFUNDS, NO EXCHANGES, NO REPLACEMENTS; NO RESALE

All events, prices, personalities, performances, venues, dates and times are subject to change without notice. All sales are final. This ticket will not be replaced, refunded or exchanged for any reason whatsoever. This ticket may not be resold for more than $1 over the original admission price, nor may any resale occur on any property where an event is being held without the prior written consent of the Carnival Organizers.

ASSUMPTION OF ALL RISKS

WHILE ATTENDING THE CARNIVAL, YOU WILL BE EXPOSED TO MANY PEOPLE, AND AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASE OR ILLNESS, SUCH AS COVID-19, EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. Each Holder voluntarily assumes all risks, hazards and dangers incidental to the event for which the ticket is issued (“Event”), whether occurring prior to, during, or after the Event, including but not limited to those of communicable disease. Holder hereby voluntarily and expressly agrees to release Carnival Organizers, including the J Tolbert Foundation, and respective officers, directors, owners, affiliates, employees and agents (collectively, “Organizer Representatives”) acting by and through them, from any claim arising from or relating to the Event. Holder expressly agrees to INDEMNIFY AND HOLD HARMLESS the Carnival, its directors, officers, employees, volunteers, agents, and representatives from any and all claims, demands, actions and costs which might arise out of Holder’s participation in the Carnival, even though such claims, demands, actions and costs may have been caused by the negligence of the Carnival, its directors, officers, employees, volunteers, agents and representatives. Carnival Organizers are not responsible for lost or stolen articles at the Event.

In order for any Ticket holder or attendee to be admitted to any of the official KC Carnival events (Parade of the Bands), each person must present the results of a negative PCR test conducted no earlier than Thursday, March 24, 2022 to participate in the Parade of the Bands on Saturday, March 26, 2022. All attendees are required to wear a mask within the venue, unless actively drinking or eating.

INCLEMENT WEATHER/FORCE MAJEURE

Carnival Organizers shall have no responsibility, financial or otherwise, for Event and/or Carnival cancellation, delay or interruption due to inclement weather or other acts beyond its 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 Carnival in its sole and absolute discretion as provided herein. Upon the occurrence of the Event and/or Carnival cancellation due to reasons, including but not limited to, events outside the Carnival’s 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, 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, Carnival shall, at its sole and absolute discretion (a) have the right, but not the obligation, to issue a refund to Holders, OR shall at its sole and absolute discretion, (b) elect to postpone the Event and/or the Carnival OR (c) cancel the Event and/or the Carnival 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 Carnival. Purchasing Tickets pursuant to these terms and conditions subjects Holder to a high degree of risk relative to possible the Event and/or Carnival’s cancellations. If the Carnival elects 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 this ticket, Holder hereby grants Carnival 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 Carnival (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 Carnival Organizers.

DRINKING POLICY

As responsible members of the community, Carnival Organizers recognize the concern about drinking and driving, and its policy is to encourage responsible consumption of products at the Carnival. Attendees who consume alcoholic beverages must do so in a responsible manner. If Holder believes that his/her driving ability may be impaired or that Holder cannot safely operate a motor vehicle, please speak with a Carnival representative who will assist in securing transportation (at Holder’s cost) to Holder’s destination point. Due to the sheer number of Event attendees, neither the Carnival Organizers nor the representatives of any Event venue can ensure that all attendees who intend to drive are capable of driving. Accordingly, Holder agrees to release, indemnify and hold harmless Organizer Representatives and the Event venue, as appropriate, from any liability related thereto.

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