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ROCK THE PLAINS
PURCHASE & PARTICIPATION AGREEMENT (“PPA”)

  
Effective Date: November 1st, 2024

For and in consideration of any purchase to attend any Rock The Plains event or participation at any Rock The Plains, LLC event, all purchasers and participants agree, acknowledge, and accept the following terms and conditions of the Purchase and Participation Agreement (“PPA”):

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1. This PPA governs the relationship between all purchasers and participants and Rock The Plains LLC, its affiliates, agents, employees, officers, and directors (collectively, “RTP”).

2. RTP reserves the right, in its sole discretion and to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this PPA without prior notice. The current version of the PPA agreement will be published on RTP Website (www.rocktheplains.com). To the extent there is conflict between the PPA and information printed on the RTP ticket or wristband or specified on RTP’s website, the PPA will govern. Applicable terms and conditions are those in effect as of the date the purchaser or participant commences travel on a given itinerary or attends the scheduled RTP event.

3. All purchasers and participants acknowledge that they have read and agreed to RTP’s Privacy Policy as published on the RTP Website. The terms of RTP’s Privacy Policy are incorporated herein as if fully set forth.

4. In order to attend any RTP event, each participant must have the necessary RTP wristband and/or ticket.

5. Advertisement of RTP tickets are priced per participant and includes general admission to the event. Such pricing does not include airfare, ground transportation, ground accommodations, on-site event purchases, or anything else not specifically mentioned herein.

6. Unless otherwise noted, all prices on the RTP Website and any fees associated with the Rock the Plains, including any applicable taxes, are quoted in United States Dollars (“USD”). All payments to RTP will be charged in USD to purchaser’s selected payment method. Purchaser may incur an additional fee by purchaser’s bank or credit card processor if it is an international transaction. RTP is not responsible for such fees.

7. All payments to RTP are final and non-refundable, regardless of any circumstances. Each participant will be issued a wristband and/or ticket to attend scheduled RTP events, which is personal to the participant and non-transferable except at the purchaser’s own discretion and expense, with RTP not responsible for any resulting transaction.

8. Purchaser and participant expressly agree not to dispute any credit card charges associated with Rock the Plains. RTP reserves the right to charge purchaser additional fees for returned payments, canceled cards, chargebacks, credit card changes, and invalid credit cards. The additional fee assessed to purchaser shall be $100.00 in each instance.

9. Force Majeure: RTP shall not be held responsible for any delay or cancellation of the event due to acts of God, government restrictions, war, natural disasters, civil disorder, labor disputes, pandemic or epidemic, or other events beyond the reasonable control of RTP. In such instances, RTP reserves the right to reschedule or cancel the event at its sole discretion and shall not be liable for any refunds, losses, or damages to purchasers or participants resulting therefrom.

10. Assumption of Risk for Infectious Diseases: Each participant assumes all risks related to the potential exposure to infectious diseases, including but not limited to COVID-19, that may result from participation in RTP events. RTP disclaims all liability related to any infectious disease or virus contracted by participants during or following the event.

11. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW, EACH PURCHASER AND PARTICIPANT ASSUMES THE RISK OF INJURY TO PERSON OR PROPERTY RESULTING FROM OR RELATING TO ROCK THE PLAINS AND ANY RTP EVENT OR RELATED ACTIVITIES, SERVICES, OR ENVIRONMENTS DIRECTLY OR INDIRECTLY ASSOCIATED WITH ROCK THE PLAINS, HOWEVER CAUSED, WHETHER INTENTIONALLY OR UNINTENTIONALLY, OR WHETHER DUE TO THE ACT, OMISSION, OR NEGLIGENCE OF ANY OTHER PERSON OR ENTITY, AND EACH PURCHASER AND PARTICIPANT FULLY, FOREVER, AND IRREVOCABLY RELEASES, ACQUITS, AND DISCHARGES RTP AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, SPONSORS, AGENTS, ATTORNEYS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITIES, INJURIES, CLAIMS, DEMANDS, DAMAGES, LOSS, RIGHTS (WHETHER CONTINGENT, ACCRUED, INCHOATE, OR OTHERWISE), ACTIONS, OR CAUSES OF ACTION OF ANY NATURE, OR FROM WHATEVER SOURCE, ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, PURCHASER AND PARTICIPANT’S PARTICIPATION IN ANY ROCK THE PLAINS, RTP EVENT, AND ANY RELATED ACTIVITIES. RTP HEREBY EXPRESSLY DISCLAIMS LIABILITY FOR ANY INJURIES, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY, LOSSES, COSTS, EXPENSES, DAMAGES (CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE), CLAIMS, DEMANDS, AND ACTIONS PURCHASER AND PARTICIPANT NOW HAS, OR MAY HAVE, OR PURCHASER’S AND PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS OR ASSIGNS MAY HAVE OR CLAIM TO HAVE, IN CONNECTION WITH OR RELATING TO THIS EVENT.

12. RTP is neither responsible nor liable for any loss, theft, or damage to participant’s property, whether stored or carried, on event grounds or surrounding areas.

13. RTP makes no warranty, express or implied, as to the event location, grounds, and amenities offered by the venue.

14. RTP assumes no liability whatsoever for any treatment, diagnosis, advice, examination, or other services provided by any medical personnel or other service providers while at the event.

15. RTP will not be responsible for any losses, including but not limited to lodging or airfare, incurred due to a canceled/delayed flight or other means of transportation.

16. RTP shall not be liable if, at any time and without prior notice, an artist cancels advances, postpones, or deviates from any scheduled event itinerary.

17. RTP shall have no liability for any changes in performance schedule. The schedule is subject to change at any given time without notice.

18. RTP reserves the right to refuse service or admission to any person at any time at RTP’s sole discretion.

19. RTP SHALL HAVE AN UNRESTRICTED, ROYALTY-FREE, PERPETUAL, AND IRREVOCABLE LICENSE TO USE ANY PARTICIPANT’S NAME, VOICE, ACTIONS, CONVERSATIONS, SOUNDS, LIKENESS, PHOTOGRAPH, OR IMAGE, AUDIO OR VIDEO RECORDINGS OF PARTICIPANT, OR ANY VISUAL PORTRAYALS OF PARTICIPANT IN ANY MEDIUM OR MEDIA OF ANY NATURE WHATSOEVER THROUGHOUT THE UNIVERSE INTO PERPETUITY FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO TRADE, ADVERTISING, SALES, PUBLICITY OR OTHERWISE, WITHOUT COMPENSATION TO PARTICIPANT OR RIGHT OF REVIEW BY PARTICIPANT, AND ALL RIGHTS, TITLE, AND INTEREST THEREIN SHALL VEST IN RTP (INCLUDING ALL WORLDWIDE COPYRIGHTS THEREIN), FREE FROM ANY CLAIMS FROM PARTICIPANT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR FEES, ROYALTIES, PAYMENT, OR ANY OTHER CLAIM OR CAUSE OF ACTION AGAINST RTP (INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR INVASION OF PRIVACY, MISAPPROPRIATION OF THE RIGHT OF PUBLICITY, OR ANY CLAIMS BASED ON DEFAMATION, LIBEL, SLANDER OR FALSE LIGHT), EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW.

20. Purchaser represents that he or she is at least eighteen (18) years in age, unless he or she is accompanied by a parent or legal guardian.

21. Waiver of Class Action: Purchaser and participant agree that any claims or disputes against RTP shall be conducted only on an individual basis and not as part of a class or collective action. Purchaser and participant waive their right to participate in any class or representative action against RTP.

22. Any disputes and matters whatsoever arising under this PPA and/or the subject matter hereof shall be governed by the laws of the United States of America, and to the extent not preempted by Federal law, the laws of the State of Kansas without regard to conflict of law principles, regardless of the legal theory upon which such matter is asserted. Venue for such dispute or matters must be filed in a court of competent jurisdiction located in Riley County, Kansas, United States of America. No other covenants, warranties, undertakings, or understandings may be implied, in law or in equity.

23. This PPA constitutes the entire agreement between RTP and the purchaser or participant with respect to the subject matter hereof, and replaces and supersedes all prior and contemporaneous negotiations, proposed agreements, and agreements, written and oral, regarding the subject matter of this agreement. A waiver of any term or condition of this agreement in any instance shall not be deemed to be or construed as a waiver of such term or condition for the future by such party, or of any subsequent breach thereof. If any provision or portion of this agreement shall be held for any reason to be unenforceable or illegal, that provision shall be severed from this agreement and the remainder of this agreement shall remain valid and enforceable between the parties hereto just as if the provision held to be illegal or unenforceable had never been included in this agreement.