- TAILGATE SERVICES. In consideration of the payments to be made to Revel XP for the Tailgate Package(s), Revel XP will provide for each home game or games reserved reflected on the invoice/reservation access for hospitality/tailgating purposes to a Site (as hereafter defined) as well as a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation for your Tailgate Package(s), which includes Site setup and tear-down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”). Revel XP shall determine the exact location of Your tailgate site (the “Site”), which may be relocated from time-to-time in the reasonable discretion of Revel XP to accommodate events taking place at the Property during the Event, to adjust for space availability or for other reasons or circumstances. In each case, Revel XP will take into consideration Your request for a particular location. You are not entitled to a refund for Your Tailgate Package or related Tailgate Services (e.g. media packages) for any reason whatsoever (except as expressly set forth in these Terms and Conditions), with the exception of entitlement to a refund for separate payments for catering or beverage service, due to any failure of caterer or beverage service provider to deliver the order. The Tailgating Services provided by Revel XP pursuant to these Terms and Conditions may, at Your option (and subject to availability) include a media package comprised of a television, stand, connection to a satellite, connection to a receiver, and power source (a “Media Package”). You acknowledge and agrees that Revel XP has no control over television broadcasts and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather or other availability issues. In the event of services issues resulting from setup or technical matters not covered herein, any refund for services is limited to either the amount separately invoiced or the portion of a tailgate package price related to media package(s) based on Revel XP current, standard rates for similar service as sold separately to the general public.
Client has or desires to reserve a tailgate spot and purchase certain products and services from Revel XP, pursuant to the Rules & Regulations detailed in the FAQ Section linked below.
- PAYMENT. In consideration of the Tailgate Services to be provided by Revel XP, You shall pay the amount for the Tailgate Package purchased by You as listed on the invoice/order detail for the Tailgate Package (the “Package Price”).
- Full Season Packages. In order to reserve the Site for the entire season, You must pay to Revel XP one hundred percent (100%) or an initial payment of no less than twelve percent (12%) of the Package Price immediately. If payment is not made within seven (7) days of the Effective Date, You may not be able to reserve the Site. If You elect to pay through equal installments then You are authorizing Revel XP to process payment for all remaining payments of the Package Price to be completed by June 30 preceding the applicable football season. If the order is on or after April 1, you must pay Revel XP seventy-five percent (75%) of the Package Price immediately and the remaining twenty-five (25%) of the Package Price shall be due on June 1 preceding the applicable football season. If the order is on or after June 1, you must pay Revel XP one hundred percent (100%) of the Package Price immediately. If any payment due has not been received within seven (7) days of its due date, Revel XP reserves the right to terminate Your purchase of the Tailgate Package(s). If any payment is made by credit card, e-check or ACH, Revel XP may, but shall not be required to, automatically process the payment for any remaining payments of the Package Price due on the payment dates set forth in this Section 3(a) at any time on or after the applicable dates, and You hereby authorize Revel to charge Your credit card, e-check or ACH for such payments.
- Single Game Packages. In order to reserve the Site for a single game, You must pay to Revel XP one hundred percent (100%) of the Package Price immediately. If payment is not made within seven (7) days of the Effective Date of these Terms and Conditions, You may not be able to reserve the Site. If any payment is made by credit card, e-check or ACH, Revel XP may, but shall not be required to, automatically process the payment for any remainder of the Package Price at any time, and You hereby authorizes such charges. If You reserve a Site for a single game Tailgate Package for a football game by paying an initial deposit and agreeing to these Terms and Conditions, You agree to pay the remaining balance for Your reservation to complete your purchase of Your Tailgate Package on or before August 1 prior to the football season for which you have reserved a Site for a single game Tailgate Package. If You do not pay the remaining balance for Your reservation to complete your purchase of Your Tailgate Package prior to August 1, Revel XP may terminate your reservation and you will NOT receive either a refund for the deposit You previously paid or a credit in the amount of the deposit You previously paid.
- Bundled Game Packages (more than one game, but less than a full season). In order to reserve the Site for a bundled package offering by Revel XP, You must pay to Revel XP one hundred percent (100%) of the Package Price immediately. If payment is not made within seven (7) days of the Effective Date, You may not be able to reserve the Site. If any payment is made by credit card, e-check or ACH, Revel XP may, but shall not be required to, automatically process the payment for any remainder of the Package Price at any time, and You hereby authorizes such charges
- 4. CANCELLATIONS and reduced attendance.
- YOU agree that REVEL XP has no obligation to refund any payment made by YOU to REVEL XP for a TAILGATE package if YOU cancel the purchase of the TAILGATE package or if YOU ARE unable for any reason to be present for the TAILGATE package OR THE EVENT. If the EVENT for which YOU haVE purchased a TAILGATE package is cancelled, YOU may elect to (a) receive a refund of the purchase price of the TAILGATE package or (b) a credit in the amount of the purchase price of the TAILGATE package which must be used in the CURRENT OR immediately following season OR IS SUBJECT TO FORFEITURE. REVEL XP in its sole discretion may deduct REASONABLE expenses incurred prior to the cancellation from the amount of the refund or the credit. If YOU elect to receive a credit, YOU shall be responsible for the payment of any difference between the credit and the purchase price of A TAILGATE package in the following SEASON if the price of A TAILGATE package increases OR YOU SELECT A DIFFERENT TAILGATE PACKAGE. YOU release REVEL XP from any claim for damages arising from a cancelled EVENT or YOUR inability to be present at THE EVENT for which YOUR haVE purchased a TAILGATE package.
- Cancellation of Tailgate Package by Revel XP. Revel XP reserves the right in its sole discretion to suspend or cancel its Tailgate Packages due to factors that may impact the quality and safety during the provision of the Tailgate Package. If Revel XP suspends or cancels a Tailgate Package the terms of Section 4(a) shall apply.
- Suspended Play or Cancellation During the Event. If the Event is suspended or cancelled after its commencement, Revel XP will have sole discretion regarding any refund that it may make to You and will take into consideration the amount of the Tailgate Package that Revel XP has provided to You during the Event.
- Reduced Attendance. If Event operator mandates a reduction in the number of attendees to the Event, Revel XP may cancel Your purchase of the Tailgate Package in its sole discretion and will provide you a full refund of the purchase price of the Tailgate Package.
- TERM. These Terms and Conditions shall be effective as of the date you agree to and accept these Terms and Conditions (the “Effective Date”) and terminate after the Tailgate Package has been provided and all payments are completed between You and Revel XP. Notwithstanding the foregoing, the Sections which by their nature should survive termination of these Terms and Conditions or the term of these Terms and Conditions shall survive.
- YOUR OBLIGATIONS AND CONDITIONS OF USE. You acknowledge that Your use of the Site at the Event and your receipt of the Tailgate Package is subject to and conditioned upon the following terms and agree that Revel XP may exercise any of the remedies set forth herein for Your failure to comply:
- You shall comply with all rules and regulations established by Revel XP , the Property, and any other applicable authority, including but not limited to parking regulations in effect on site.
- You shall be permitted to access the Site at the Event at the respective times set forth in the rules or otherwise determined by Revel XP and Facility.
- You acknowledge all risks related to its attendance and use of the Site, including risk of damage to or loss of property or risk of serious personal injury or death, and accepts sole responsibility for such risks. You shall secure all personal property in and around the Site and shall take all precautions necessary to prevent theft or destruction thereof. You expressly acknowledge and agree that Revel XP shall not be responsible for any personal property of or injury to You at any time. Revel XP will not remove or hold for safe-keeping any personal items left at the Site after event closing and same will be subject to removal by Facility facilities services. You may be subject to costs and fees associated with such removal.
- Eligibility for any Revel XP drop off service is determined by Revel XP in its sole discretion and is based on Facility restrictions, staffing availability and other factors. If You are eligible to participate in any Revel XP drop off service, You are responsible for properly packaging all items that will be transported and otherwise agree to comply with procedures established by Revel XP for drop off service, including but not limited to any limitations with regard to the amount and size of items to be transported. Revel XP will not be responsible for any damaged or broken items during unloading or loading and transportation to or from the Site.
- You shall respect the interests of other fans and clients of Revel XP and at the Event and shall not engage in or permit disorderly or offensive conduct in or around the Site. Should You violate these provisions, Revel XP management will give You a verbal warning. If You fail to promptly come into compliance, Revel XP may immediately revoke Your rights to the Site and in its sole and absolute discretion terminate these Terms and Conditions. Upon such revocation or termination, all amounts paid to Revel XP will be forfeited by You and retained by Revel XP.
- You acknowledge and agree that the signage identifying each Site is uniform and provided by Revel XP, who reserves the right to omit any vulgar, offensive or discriminatory content requested by You, in the sole and absolute discretion of Revel XP.
- Revel XP reserves the right to immediately terminate Your use of the Site and the Tailgate Package and request that You leave the Site and the Event if You violate these Terms and Conditions. In addition, you shall be responsible for payment of all damages incurred by Revel XP as a result of Your failure to comply with these Terms and Conditions or as a result of damages by You of any equipment of Revel XP. To ensure compliance and payment of damages or fines, You agree to keep a credit card on file with Revel XP, and hereby authorize Revel XP to charge said credit card amounts owing as a result of Your breach of these Terms and Conditions; provided that Revel XP delivers to You an itemization of any charges and receipt for payment thereof.
- DEFAULT AND TERMINATION. Should You fail to pay any sums when due hereunder or fail to comply with or perform any other term, covenant or condition hereof, Revel XP may terminate your purchase of the Tailgate Package and proceed against You for the recovery of all damages incurred by Revel XP as a result of your failure to comply with or perform any other term, covenant or condition hereof or proceed against You for specific performance. Without limiting the foregoing, in the event You fail to timely pay any amounts due hereunder, such amounts shall accrue interest in the amount of one and one-half percent (1.5%) per month (or the maximum amount allowed by law, whichever is lower) from the due date until paid. In addition, You shall reimburse Revel XP for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Revel XP occasioned by or in connection with any failure to comply with or perform any other term, covenant or condition hereof by You. In the event You fail to comply with or perform any other term, covenant or condition hereof, without limitation of any other rights or remedies, Revel XP shall have the right to terminate your purchase of the Tailgate Package.
- RELEASE AND INDEMNIFICATION. You hereby release Revel XP and agree to indemnify and defend Revel XP and save Revel XP harmless from and against all suits, actions, damages, liability and expenses in connection with loss of life, body or personal injury or property damage (and each and all of them) arising from or out of any occurrence in and around the Site or any part thereof, or occasioned wholly or in part by any act or omission of You, or Your invitees, and guests. Revel XP is not responsible for damages (e.g. from collision with other vehicles, falling debris, or inclement weather) to any vehicles parked in or moving through parking or hospitality areas where Revel XP has sold parking passes or provides any hospitality or parking related services.
- ASSUMPTION OF RISK. You hereby agree that neither Revel XP nor Facility nor any vendors of Revel XP will be liable to You for any illness or injury (including but not limited to COVID-19 and other known or unknown coronaviruses) befallen on any persons in attendance during the provision of the Tailgate Package or your attendance at the Event. You expressly assume all risk of and waive any and all claims you may have against Revel XP, Facility and Revel XP vendors and employee for illness or injury. In addition, You agree that neither you nor any of your invitees will attend the Event if, within fourteen (14) days preceding the Event, either You or Your invitees (i) tested positive or presumptively positive for a communicable disease (including but not limited to COVID-19 and other known or unknown coronaviruses or variants thereof) or was identified as a potential carrier of a communicable disease; (ii) experienced any symptoms commonly associated with a communicable disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; and/or (iii) was in direct contact with or in the immediate vicinity of any person who is either confirmed or suspected of being infected with a communicable disease within fourteen (14) days preceding such person’s encounter with such person. You further agree that You and Your invitees will submit to any health screening and/or communicable disease testing that may be required as a condition of Your attendance at the Event.
- ENTIRE AGREEMENT. It is agreed and understood that these Terms and Conditions, together with the Your purchase of a Tailgate Package, sets forth the entire agreement between Revel XP and You regarding the subject matter hereof. In the event any provision of these Terms and Conditions is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
- GOVERNING LAW AND VENUE. These Terms and Conditions and the performance thereof shall be governed by the laws of the State of North Carolina, without regard to its conflicts of law principles. Venue for any disputes arising out of or in connection with this Terms and Conditions shall be the state and federal courts of Forsyth County, North Carolina. You hereby irrevocably submit to the jurisdiction of such courts.
- ASSIGNMENT; NO RESALE. These Terms and Conditions and the Tailgate Package is personal to You and may not be sold, assigned or transferred without the prior written consent of Revel XP. Any attempt to resell the Tailgate Package or any portion thereof shall void the purchase of the Tailgate Package, and You shall not be entitled to a refund of the purchase price of the Tailgate Package.
14 NO WAIVER. Revel XP failure to act upon any default on the part of You shall not be construed as a waiver of Revel XP’ rights hereunder, nor shall any custom or practice that may arise between the parties in the course of dealing be construed to waive or lessen the right of the Revel XP to enforce the terms of these Terms and Conditions.
- FORCE MAJEURE. Revel XP will not be in breach of these Terms and Conditions and will not be liable for any failure or delay to perform any of its obligations herein or related to the delivery of the Tailgate Package due to an Event of Force Majeure. “Event of Force Majeure” means the occurrence of circumstances beyond the control of Revel XP including, without limitation: (i) blockades, riots, acts of war, acts of terrorism, piracy, destruction of essential equipment by fire, explosion, storm, flood or earthquake; (ii) epidemics, pandemics, health emergencies or similar occurrences; (iii) failures of, shortages in or a loss of access to equipment, power, supplies, fuel or transport facilities; (iv) failure of a third party and (v) any circumstances considered to be an Act of God.