From the Heart to the Hands: Dolce&Gabbana (the “Event”)

Terms and Conditions

GENERAL TERMS

  1. The Event, held at the Institute of Contemporary Art, Miami Expansion space (the “Site”) is organised and managed by EARL US, LLC (“EARL”), a company incorporated under the laws of the State of Delaware with company number 10190203, whose registered office is at 251 Little Falls Drive, Wilmington, Delaware 19808.
  2. We set out below the Terms and Conditions (the “Terms”) that shall apply to:
    1. your entry to the Event; and
    2. any purchase of Event Tickets (as defined and set out below).
  3. Notwithstanding the means by which a visitor attends the Event, the Entry Conditions as set out below apply to all visitors attending the Event.
  4. The Terms relating to Event Tickets shall apply as set out below.
  5. Furthermore, on entry to the Event you agree to accept and abide by any venue rules of Institute of Contemporary Art, Miami (“ICA Miami”) as stated here: https://icamiami.org/visit/ (and any other regulations provided on entry to the Site).
  6. Admission into the Event is at all times subject to these Terms and the terms, conditions and rules of ICA Miami. If you breach any of these Terms and/or any such terms, conditions and/or rules then we may refuse admission or require you and/or other ticket holders to leave the Site.
  7. We respect your personal data and shall deal with it in accordance with our Privacy Policy and applicable data protection legislation in place from time to time. Please see our Privacy Policy for further details.

 

”ENTRY CONDITIONS”

Event Tickets and Admission

  1. A valid entry ticket (“Event Ticket”) entitles the holder to attend the Event on the date and at the times stated on the Event Ticket.  There shall be no admittance to the Event without a valid Event Ticket. You must retain your Event Ticket at all times during the Event.
  2. All attendees of the Event agree to be bound by these Terms, those as detailed on any Event Ticket (as applicable), and such other terms as are drawn to the attention of visitors by EARL.
  3. It is the Event Ticket holder’s responsibility to check his or her Event Ticket(s), as mistakes cannot always be rectified and EARL shall not be responsible for any incorrect Event Tickets.
  4. Last entry to the Event on Peak days (Thursday until Saturday) is 9.30pm. Last entry to the Event on Off Peak days (Sunday until Wednesday) is 6.30pm. There is no admittance after this time. You may only leave and then re-enter the Site during the Event at the discretion of EARL or the ICA Miami. Otherwise, there shall be no re-admissions or pass-outs of any kind.
  5. Event Tickets may not be used as prizes in competitions, “give-aways” or a lottery without the prior written consent of EARL in its sole discretion.
  6. Event Tickets must not be resold, exchanged, transferred, altered or defaced.Any such action shall render the Event Ticket(s) void (and any individual with such an Event Ticket may be refused entry or removed from the Event in EARL’s sole discretion).
  7. On entry to the Event all visitors agree to accept and abide by any Site rules of ICA Miami (as may be updated from time to time) and any other regulations from time to time provided on entry to the Site.
  8. Event Ticket prices are as follows:
    1. online purchases:
    2. Adult (18-64 years): Peak $27.70 / Off Peak $26.00
    3. Student/ Senior (65+ years)/ Youth (12-17 year): Peak $25.50 / Off Peak $23.00
    4. Any Time (entry any time on selected date): $39.00
    5. Child (4-11 years): Peak $16.00 / Off Peak $13.75
    6. Infant (under 3 years) $0
    7. onsite purchases: To be confirmed.
    8. The above prices exclude any taxes and booking fees which are to be applied.
  9. You must produce a valid Event Ticket to gain entry to the Event and you must produce that Event Ticket for inspection upon request at any time. Failure to produce an Event Ticket when requested in such circumstances may result in you being removed from the Event.
  10. Event Tickets are available for purchase online and onsite at the box office and prices may vary between those purchased online and onsite, as onsite prices may be subject to an increase in price.
  11. A valid Event Ticket entitles the holder to attend the Event on the relevant date and at the relevant time(s) as stated on the Event Ticket. It is your responsibility to check your Event Ticket(s) and to ascertain the date and the time of your access to the Event. No refunds or exchanges will be given for late arrival which results in customers not receiving a full session. Late arrivals will be allowed access at the discretion of the operator.
  12. If an error is made in the price of any Event Tickets ordered by you, you will be notified by us as soon as possible and we will give you the option to either (a) reconfirm your Event Ticket order at the correct price; or (b) cancel your Event Ticket and receive a full refund from us.

All Tickets

  1. All Event Tickets are sold subject to these Terms any other rules and regulations referred to herein or that may be applicable to the Event or Site at any time. It is your responsibility to check that you and your guests are permitted to attend the Event and have the appropriate Event Ticket(s). Do not buy Event Tickets or goods from unlawful sources. There is no guarantee of Event Tickets’ validity for entry for use unless purchased from the official ticket agents (either online or onsite) for the Event. EARL reserves the right to refuse entry to the Event or reject anyone from the same who is found with Event Tickets obtained in breach of the Terms. EARL reserves the right to not accept and destroy any Event Tickets that are found to be in breach of the Terms.
  2. Event Ticket sales are final. Unless otherwise stated herein, Event Tickets will not be cancelled, refunded or exchanged once you have purchased an Event Ticket other than as set out in these Terms.
  3. Without prejudice to clauses 30 to 34, Event Tickets are non-transferable and must not be sold, offered for sale, made available, transferred or otherwise disposed of, save as set out herein, and we reserve the right to cancel without refund or compensation any such Event Tickets. Event Tickets are issued subject to EARL’s right to alter or vary the Event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange Event Tickets.
  4. Any Event Ticket offered for sale, sold, transferred, used or disposed of in breach of clause 22, may be cancelled and any person(s) seeking to use the Event Ticket(s) may be refused admission to or be evicted from the Event.
  5. EARL will not be responsible for any lost or stolen Event Tickets.
  6. Event Tickets are issued subject to these Terms and incorporate the rules and regulations of ICA Miami, and shall remain the property of EARL who hereby reserves the right to recall any Event Ticket at any time.
  7. EARL reserves the rights to refuse admission to the Event to anyone who does not have a valid Event Ticket (including those which appear to be counterfeit or which have been altered and/or defaced).
  8. EARL is not responsible or liable for any Event Tickets that are lost or stolen, and to amend or deface any Event Ticket will render it void.
  9. A child Event Ticket is for those aged 4 – 11. No child aged 11 or under (a “child”) will be admitted to the Event unless they are accompanied by a person aged 18 years or over (a “Responsible Person”) and such child or children whilst at the Event must remain accompanied and under the supervision of such Responsible Person at all times. EARL reserves the right to determine the ratio of Responsible Persons in relation to children required for adequate supervision.
  10. Event Tickets may not be used for any advertising, competitions, contests, sweepstakes, promotions, or used, sold or given away in conjunction with other products or services (e.g. as part of a travel or hospitality package) without the express written permission of EARL in advance. Failure to comply with the foregoing may result in the cancellation of the Event Ticket without any refund or compensation and/or the Event Ticket holder being refused entry or removed from the Event.

Ticket Refunds and Cancellation

  1. Your purchase of Tickets is subject to our right without prior notice and without refund or compensation (save as set out in clauses 31-33) to close or change the programme and/or the Event’s operating hours.
  2. EARL in its absolute discretion reserves the right at any time to close all or any part of the Event, or to restrict the number of persons having access to the Event, due to capacity, inclement weather, or special events to ensure safety, security and/or order, or if EARL reasonably considers the circumstances so require. In either case, you may be entitled to a refund in accordance with clauses 32 and 33 below.
  3. If the Event (including any day or session) is cancelled/closed in its entirety for any reason, we will use our reasonable endeavours to notify Event Ticket holders as soon as possible (including notifying you of the details of any re-scheduled dates and operating hours the Event will be open). If you have already purchased an Event Ticket for the Event you will automatically be entitled to a refund.
  4. You are responsible for any travel and accommodation arrangements for the Event and except as set out in these Terms, EARL shall not be liable for loss or damage of any kind whether direct or consequential, including but not limited to travel or accommodation expenses from postponement, cancellation, abandonment or curtailment of the Event and you hereby waive all rights of whatsoever nature against EARL its employees, servants, agents, independent contractors or representatives arising from cancellation, abandonment or curtailment of the Event.
  5. In all circumstances, where refunds are given by EARL, only the face value of the Ticket shall be refunded.

Event Security and Prohibited Items

  1. The safety and comfort of all visitors is a priority. The Event has a robust security management plan. If you see something suspicious, or something that does not feel right, please report it to a member of our security team.
  2. To maximise safety, searches may take place at point of entry. This can include the use of metal detectors and searches of the person and their belongings. Please note these searches are a condition of entry, any person with illegal or prohibited items or who does not want to be searched will be refused entry and their Event Ticket(s) will not be refunded. Please also note the prohibited items listed below. We will not be able to look after these items for you or hold liability and you will not be able to enter the event or receive a refund. Security checks may result in delays when entering the Site, please leave extra time for these searches to take place.
  3. We strongly advise not bringing large bags or luggage to the Event as we do not have a coat and bag check and will not be able to accommodate these. We advise only bringing a handbag you can carry on your body. We ask all guests to be vigilant and not to leave bags and belongings unattended at any time. Any unattended item may be disposed of in line with our security protocols.
  4. Please contact a steward immediately if you have any concerns or problems at the Event. It may not be possible to resolve unreported issues after the Event.
  5. Prohibited Items. The following articles must not be brought into the Event: firearms, knives, work tools, fireworks, smoke canisters, air-horns, spray cans, chinese lanterns, handheld communication devices (such as radios), high visibility clothing, skateboards, scooters, or bikes, flares, weapons, dangerous or hazardous items, laser devices, bottles/ glass vessels/ cans- even if wrapped up as a present for a later time, Your own alcohol – even if wrapped up as a present for a later time, CS gas poles, drones, any article that might be used as a weapon and/or compromise public safety, open bottles of drink/liquid (unopened and sealed bottles of water will be accepted, as will empty reusable cups and bottles), Illegal drugs, nitrous oxide, drug paraphernalia, chairs/stools, banners/flags, unauthorised professional photography equipment. Equipment considered to be professional, and any other items which we consider to be unsafe or pose a risk to public safety and/or security will be permitted at the discretion of the security.
  6. Any person in possession of any item set out at clause 39 will be refused entry to the Event or will have such items confiscated and destroyed. Any article that might be used as a weapon, be deemed to be offensive or abusive, or compromise public safety, will be confiscated and/or reported to the police.
  7. In order to facilitate the security, safety and comfort of all patrons, EARL and ICA Miami reserve the right in their reasonable discretion to conduct security searches of persons, clothing, bags and all other items on entry and exit to the Event and/or an attraction or ride, to confiscate items which may cause danger or disruption to the Event or other patrons or are in breach of these Terms and/or to refuse admission.
  8. Use of illegal substances strictly prohibited at the Event.
  9. Visitors may be refused admission or ejected from the Event and the Site if, in the opinion of EARL and/or ICA Miami, the visitor is a risk to the safety of any patron and/or may affect the enjoyment of other patrons and/or the running of the Event or may cause damage, nuisance or injury. Examples include being (or appearing to be) drunk, incapable, intoxicated or under the influence of illegal drugs, under-age (where relevant), abusive, threatening, behaving anti-socially, carrying offensive weapons or illegal substances, committing a criminal offence, declining to be searched or are in breach of any of these Terms or the terms and conditions of ICA Miami. EARL reserves the right to refuse entry or evict all members of any group of persons where that group is behaving in accordance with the forgoing.
  10. Animals are not permitted except guide dogs and service animals individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
  11. Commercial, promotional and trading activities are not permitted at the Event without express prior written permission of EARL. Please note that EARL will charge a fee for any commercial activity (including filming, photography and recording as per below) at the Event.
  12. In the event of an emergency, visitors must follow instructions and directions from stewards, staff and other officials.

Photography and Filming

 

  1. Please note that CCTV and film cameras may be present at the Event. By entering the Event and/or purchasing Event Tickets and attending the Event, Event Ticket holders and attendees consent to being photographed, filmed and/or recorded, and consent to the image or recording of them (including any images or recordings taken by them within the Event) being used in distribution (commercial or otherwise) in perpetuity without any payment. All sound and moving or still picture rights including, without limitation, on the internet, vest exclusively with EARL (or by any third party as may be engaged by EARL).
  2. Photography and filming on site is only allowed for the personal, non-profit making use of amateurs. Commercial or editorial photography is prohibited without prior written permission from EARL. Accreditation must be requested from our press office in advance. Amateur photography groups must also request accreditation in advance of arriving on site.
  3. A person may be denied entry to, or removed from the Event if he or she is found in possession of any equipment capable of taking photographs, making films, sound recordings or broadcasts; or if he or she takes any photograph, makes a film, sound recording or broadcast of anything occurring inside the Event for commercial gain (unless approved in accordance with clause 48).
  4. A person may enter the Event with equipment referred to in clause 49 above where it is integrated into electronic communications apparatus designed for personal private use (such as a mobile telephone) and/or a personal stills camera, but the person may still be removed in accordance with clause 48 if they attempt to use this device for commercial gain.

Alcohol

  1. When purchasing alcohol at the Site, if you appear to be under the age of 25 you may be asked for valid identification that you are aged 21 or over.
  2. Alcohol is not permitted to be taken into the Site and/or consumed on Site. Bag searches may be in operation.
  3. EARL reserves the right refuse alcohol to any attendee who, in EARL’s any Event staff’s absolute discretion, is unreasonably intoxicated and/or is behaving in an unacceptable manner.
  4. Climbing or standing upon tables, chair, benches, fences, barriers, trees, shrubbery, walls, safety fences, rock arrangements, ride structures, exhibits, buildings or anything similar is strictly prohibited.

General

  1. You must comply with any and all instructions given to you by EARL and/or all Event stewards and staff and with all Site regulations. EARL reserves the right to restrict access to parts of the Site.
  2. Entry to the Event is entirely at your own risk and EARL will not be liable for any distress, inconvenience or anxiety caused during the course of your visit.
  3. Each visitor is responsible for his/her own personal property brought into the Site.
  4. You agree that neither EARL nor ICA Miami will be liable for any loss, injury or damage to any person (including yourself) or property however caused (including by EARL, ICA Miami or any Event staff): (a) in any circumstances where there is no breach of a legal duty of care owed by EARL; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from EARL’s, its servants’ or agents’ negligence); or (c) to the extent that any increase in any loss or damage results from breach by you of any of the Terms.
  5. Nothing in these Terms seeks to exclude EARL or ICA Miami’s liability for death or personal injury caused by our negligence, fraud or other type of liability which cannot be excluded or limited by law (including without limitation fraud or fraudulent misrepresentation).
  6. To the fullest extent permissible in law, EARL shall be entitled to assign all and any of its rights and obligations under the Terms, provided that your rights are not adversely affected.
  7. If any provision of the Terms is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of the Terms valid or enforceable.
  8. If EARL delays or fails to enforce any of the Terms it shall not mean that EARL has waived its right to do so.
  9. Any person, other than ICA Miami who is not a party to the Conditions, shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms.
  10. Nothing in the Terms and no action taken by you or EARL under the Terms shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between you and EARL.
  11. You and EARL both agree that it has not entered into the Terms in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in the Terms. Nothing in this clause shall operate to limit or exclude any liability for fraud.
  12. For the purposes of the Conditions, “Force Majeure Event” means any cause beyond EARL’s control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, subsidence, lightning, earthquake or other natural disaster, weather of exceptional severity, epidemic, pandemic, disease, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, third party injunction, national defence requirements, acts, regulations or orders of national or local governments. EARL will not be liable to you for failure to perform any obligation under these or any other Conditions to the extent that the failure is caused by Force Majeure Event.
  13. EARL reserves the right to change these Terms from time to time.
  14. The Terms constitute the entire agreement between the parties in connection to the subject matter of the Terms and supersede any previous terms and conditions, agreement or arrangement between you and the EARL relating to the subject matter of the Terms. However, nothing in the Terms shall purport to exclude liability for fraud or fraudulent misrepresentation. The Terms cannot be varied or amended in any respect (unless agreed between You and EARL in writing).
  15. These Terms and any dispute or claim arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of New York.
  16. The parties agree to submit to the jurisdiction of the state or federal courts located in the State of New York in connection herewith.
  17. EARL US, LLC (“EARL”) is registered under the laws of the State of Delaware with company number 10190203 at 251 Little Falls Drive, Wilmington, Delaware 19808. You can also contact us by sending an email to [insert].