TICKET LICENSE AGREEMENT • THIS IS A REVOCABLE LICENSE • USER ACCEPTS RISK OF INJURY
Any individual possessing a ticket (“Ticket”) for admission to the Intrepid Museum and/or Pier 86 (collectively, the “Museum”) shall be deemed a “Ticket Holder”. By downloading, scanning or otherwise using a Ticket to enter the Museum, Ticket Holder agrees to the following terms and conditions, on behalf of Ticket Holder and any minor accompanying Ticket Holder:
TICKETS ARE NON-REFUNDABLE, NON-TRANSFERRABLE AND ONLY VALID ON THE DATE AND TIME SPECIFIED. Lost, stolen, forgotten, mutilated or destroyed Ticket(s) will not be replaced nor will the cash value of any such Ticket(s) be reimbursed. Mutilated Ticket(s) will not be accepted for admission. Any third party receiving a Ticket(s) will be deemed to have agreed to the terms and conditions of this Ticket License Agreement. Tickets may not be transferred, duplicated, or reprinted. Tickets may not be re-sold without Museum’s prior consent and never at a price higher than face value. Resale or attempted resale in violation of this Ticket License Agreement or applicable law will be grounds for cancellation without refund or other compensation. Tickets may not be used for any commercial purpose, including promotion, sweepstakes, contests, giveaways and/or gambling/gaming without the express prior written consent of Intrepid Museum Foundation, Inc. (“Intrepid”). The Ticket is a revocable license granting Ticket Holder entry into the Museum. Without refund of the purchase price or any related fees or costs, Ticket Holder may be refused entry to, or removed from, the Museum for, among other reasons: i) failing to comply with any term of this Ticket License Agreement, ii) failing to comply with laws, rules or regulations (including those promulgated by the Museum) and/or instructions of Museum staff, including those related to health and safety precautions and guidelines, or iii) acting in an inappropriate, disorderly or dangerous manner. All persons must have a Ticket to enter the Museum. Persons under 16 years of age must be accompanied by an adult with a Ticket.
Ticket Holder consents to the inspection of his/her/their person and property (including handbags and backpacks) before entering and/or while at the Museum and Intrepid reserves the right to refuse admission to any person, or remove any person from the Museum, who refuses such inspection and/or the inspection reveals items deemed by Intrepid (in its sole discretion) to be unlawful, dangerous, inappropriate or otherwise prohibited, such as alcohol, drugs/drug paraphernalia, irritants, weapons or other dangerous items, commercial or professional audio recording or other unapproved devices, glass containers, bicycles, skateboards, hoverboards and animals (excluding Assistance (Service) Animals).
Handheld still and video cameras, camera phones and smartphones solely for personal, non-commercial use are permitted. However, selfie-sticks or any other camera extension devices are not permitted. Ticket Holder shall not transmit, sell or otherwise distribute, or aid in transmitting, selling or otherwise distributing, any photographs, images, videos or other accounts or descriptions of any part of the Museum in any manner or media, whether now known or hereafter developed; and transmission, sale or other distribution by, to, or for any commercial purpose, and public performance, exhibition or other display, direct or indirect, are strictly prohibited. Ticket Holder may not solicit contributions, distribute literature, or otherwise advertise or promote products or services at or around the Museum. Museum hours of operation are subject to change at any time and Intrepid reserves the right to delay, postpone or cancel the opening of the Museum for any reason.
Ticket Holder hereby grants permits to Intrepid to use Ticket Holder’s image, likeness, voice or other identifying characteristics in any audio, video, recordings or other exploitation, publications or reproductions created during Ticket Holder’s visit to the Museum, for any purpose, throughout the world, in perpetuity, in any manner or media, whether now known or hereafter developed, without payment or other consideration. Ticket Holder expressly assumes all risk of property loss, personal injury (including illness) and/or other loss arising from or related to this Ticket License Agreement and/or his/her/their presence at the Museum and hereby releases Intrepid, its officers, directors, representatives, contractors, agents and employees from any liability with respect thereto. THE SOLE AND EXCLUSIVE REMEDY FOR TICKET HOLDER IF ADMISSION IS REFUSED OR WITHDRAWN IS A REFUND OF THE FACE VALUE OF THE TICKET. TICKET HOLDER WILL NOT BE ENTITLED TO ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING THE FOREGOING, NO REFUND OR OTHER REMEDY WILL BE PROVIDED IF TICKET HOLDER IS EJECTED OR REFUSED ENTRY DUE TO DISORDERLY CONDUCT, OTHER FAILURE TO COMPLY WITH THIS TICKET LICENSE AGREEMENT, OR FOR SECURITY REASONS. This Ticket License Agreement contains the entire agreement of the parties with respect to the matters outlined herein and shall be governed by New York law without giving effect to conflicts of law principles. The exclusive venue for any disputes arising out of this Ticket License Agreement shall be a court of competent jurisdiction in New York, New York. TICKET HOLDER HEREBY AGREES TO WAIVE ANY RIGHT TO A JURY TRIAL AND FURTHER AGREES THAT TICKET HOLDER MAY ONLY BRING A CLAIM AGAINST INTREPID IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
