General Terms and Conditions

This General Terms and Conditions Agreement (the “Agreement”) governs the purchase and use of tickets for live performances and events hosted by Brevard Music Center, Inc., a North Carolina non-profit corporation (“BMC”). By purchasing tickets and/or attending any of our events, you (the “Patron”) agree to the terms and conditions outlined below.

  1. Acceptance of Terms. By purchasing a ticket or attending any BMC event, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not purchase ticket(s) or attend any BMC event.
  2. Ticket Purchase and Usage.
    • Non-Transferable: Ticket(s) purchased are non-transferable unless explicitly authorized by BMC. By purchasing a ticket under this Agreement, the Patron agrees to not resell or permit another individual on the Patron’s behalf, to resell their ticket for more than $10.00 over the face value of the ticket. If you sell your ticket(s) to someone else for commercial gain or advertise them for sale, BMC reserves the right to cancel or void such ticket(s). The Patron’s BMC account may be subject to termination at the discretion of BMC staff, with or without notice. BMC reserves the right to cancel and invalidate any ticket order in violation of this paragraph.
    • Refund Policy: All ticket sales are final. There is no compensation for an unattended show. Exchanges can be made if the box office is notified at least 24 hours before the event. Tickets cannot be exchanged after the performance date and time printed on the ticket. Complimentary tickets may not be exchanged unless prior arrangement has been made. No refunds, exchanges, or cancellations will be provided except as provided herein or otherwise required by applicable law.
    • Event Changes: BMC reserves the right to make changes to the event schedule, lineup, and venue. In the event of significant changes, ticket holders will be notified, and any remedies will be determined at BMC’s sole discretion.
    • Fees: All tickets are subject to a facility fee and ticket charge, both of which help BMC maintain the ability to keep bringing you the quality shows you expect at our venues. In some instances, dynamic pricing and promotional offers may cause an initially advertised price to be higher or lower than current pricing. There are no refunds or reimbursements for these price variances.
    • Raffle Tickets: Car Raffle ticket purchasers will receive an email confirmation that contains the raffle certificate number. These purchases are non-refundable and are not tax-deductible.
    • Purchase Limits: Certain events may be subject to ticket purchase limits. Brevard Music Center reserves the right to set, modify, and enforce purchase limits per household, account, transaction, or other identifying criteria at its discretion.
  3. Event Admission. Patron(s) must present a valid ticket for entry. BMC reserves the right to deny admission for reasons including, but not limited to, disruptive behavior, safety concerns, or violation of venue policies. Re-entry may not be permitted once a Patron exits the event venue.
  4. Conduct and Safety.
    • Patrons must comply with all venue rules, policies, and local laws.
    • Unauthorized recording, photography, or use of prohibited items is strictly forbidden.
    • BMC reserves the right to remove any Patron whose behavior is deemed disruptive, unsafe, or in violation of this Agreement.
  5. Assumption of Risks. By attending a BMC event, you acknowledge and assume all risks associated with your attendance, including but not limited to personal injury, illness, property damage, and exposure to infectious diseases and wildlife.
  6. Liability Release and Waiver. To the fullest extent permitted by law, you hereby release, waive, and discharge BMC, its trustees, directors, officers, members, managers, employees, participants, contractors, agents, attorneys, successors and assigns thereof, including all affiliated entities or subsidiaries, and all other persons and entities connected with such entities, whether herein named or not (“Released Parties”), from any and all liability, claims, demands, actions, damages, suits, proceedings, expenses, attorneys’ fees, and demands of any kind or nature whatsoever, known or unknown, suspected or unsuspected, whether arising out of contract, tort, strict liability, or otherwise, whether currently existing or arising, occurring or accruing in the future, based upon, arising out of, related to, or connected in any way to your attendance at BMC events, including but not limited to personal injury, property damage, or loss, regardless of cause except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties. Patron further covenants not to sue any of the Released Parties based on the same.
  7. Indemnification. For and consideration for BMC permitting you entry and access to its campus, you agree on behalf of your heirs, executors, administrators, and personal representatives (“Releasing Parties”) to hereby irrevocably, unconditionally, and forever release, acquit, discharge, hold harmless, and indemnify (i.e., defend and pay any judgment and costs, including attorneys’ fees and related expenses) BMC and the Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
    • Your breach of this Agreement;
    • Your violation of any applicable law or regulation; and
    • Your actions or omissions at BMC events, including injury or damage caused by you to others or property.
  8. Media Release. By attending BMC events, Patron agrees to hereby irrevocably give the Released Parties and their respective licensees, agents, affiliates, successors, and assigns and/or others working on their behalf permission and grants to Released Parties the right, to film, record, and photograph Patron according to the terms and conditions set forth in this Agreement. Patron hereby grants and licenses to the Released Parties a perpetual, worldwide, irrevocable, non-exclusive, freely assignable with the right to sublicense (by the Released Parties), royalty-free, and paid-up right to use, reproduce, duplicate, integrate, publish, exhibit, sell, or sublicense, (collectively, “Use”) Patron’s image, portrait, picture, likeness, voice, statements (including extractions thereof), and/or performance, (as applicable), including any derivatives, modifications, alterations, or edits thereto (collectively, Patron’s “Likeness”) and all materials created by or on behalf of the Released Parties that incorporate any of the foregoing (the “Materials”), including video, photographs, negatives, positives, prints, digital reproductions, audio recordings, or other manifestations thereof and on, or in connection with any media, including the Internet, the Released Parties’, or other relevant websites, social media sites, blogs, and any and all digital and new media along with any activating or subscription-based technical components or features provided thereon, whether now existing or hereinafter developed. The Released Parties’ use of the Materials shall be solely for the purpose of advertising and promoting BMC and the Released Parties and any of their summer training programs and festivals and associated services and without any additional notice to, consent by, approval by, or compensation to Patron.
    Patron agrees that all right, title, and interest in and to the Materials are exclusively owned by the Released Parties, including all copyrights and other intellectual property rights therein, and hereby releases any rights, title, or interest Patron may have to, or in connection with the Materials. Patron agrees that the results of Patron’s participation in connection with the Materials will be considered a work made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent that the Materials, or any part thereof, fails to be considered a work made for hire (or for any other reason does not automatically inure to the Released Parties), Patron hereby permanently and irrevocably assigns to the Released Parties all rights, title, and interest in and to, if any, the Materials. Patron hereby waives the benefit of any moral rights and of any similar law anywhere in the world. Patron will not authorize any other individual or entity to Use the Materials.
    To the fullest extent permitted by applicable law, Patron hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, damages, and expenses arising directly or indirectly from the Released Parties’ use of the Materials in accordance with the terms hereof, including what might be deemed misrepresentation due to editing, alteration, distortion, optical illusion or faulty processing or reproduction which may occur in the finished Materials or any claims of defamation, disparagement, slander, libel, false light invasion of privacy or publicity, intellectual property infringement or the like in any jurisdiction throughout the world. Nothing herein shall constitute any obligation on the Released Parties to make any use of the license granted by Patron as set forth herein. The Released Parties’ use is completely at its own discretion.
  9. Force Majeure. BMC shall not be held responsible or liable for failure to perform any obligation under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, governmental actions, or power outages.
  10. Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any claim, dispute or legal proceeding arising out of or any way relating to this Agreement shall be brought in the state or federal courts of Transylvania County, North Carolina, to the exclusion of all other jurisdictions.
  11. Amendments and Modifications. BMC reserves the right to amend or modify this Agreement at any time. Any changes will be effective upon posting on our website or notification to Patrons.
  12. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  13. Entire Agreement. This Agreement constitutes the entire understanding between you and BMC regarding your ticket purchase and event attendance, superseding all prior agreements.

By purchasing tickets or attending any BMC event, you affirm your acceptance of this Agreement.

ND:4903-6739-9183, v. 1

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