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Purchase agreement

Last update: December 12st, 2019

PREAMBLE

Thank you for purchasing a ticket through this online service (the “Service”). This purchase agreement (the “Purchase Agreement”) is a legal document that describes your rights and responsibilities as a user of the Service and as a purchaser of tickets from Lune Rouge (as defined below).It is important that you read and understand this Purchase Agreement, as it contains important information concerning your purchase.

In addition to the rights and obligations provided in this Purchase Agreement, your ticket purchase on this website and your use of the Service are subject to the legally binding provisions set out in the Terms and Conditions and the Privacy Policy. If there are inconsistencies between the present Purchase Agreement and the Terms and Conditions or the Privacy Policy, the provisions of this Purchase Agreement shall prevail.

When reference is made to this “Agreement”, it shall include this Purchase Agreement, the Order Confirmation Page (as defined below), the Terms and Conditions and the Privacy Policy, as they may be amended, restated, supplemented or modified from time to time. By using this website and/or by purchasing a ticket through the Service, you agree to be bound by the Agreement, which shall be in effect during each use of this website.

If you have any questions about this Agreement, please contact us ([email protected]).

WARNING: FLASHING LIGHTS AND LASERS

Lune Rouge would like to inform you that a number of its shows or productions contain flashing lights, lasers or other visual components which may cause difficulties for people with photosensitive epilepsy or related conditions. Please consider this factor when purchasing tickets for one of Lune Rouge’s shows on this website.

PARTIES

The parties to this Agreement (the “Parties”) are: • Lune Rouge Entertainment USA Inc. (together with its affiliates, “Lune Rouge”) 251 Little Falls Drive Wilmington, DE 19808 United States Email: [email protected] - AND - • You (also referred to as the “Customer", “You” or “you”)

TICKET PURCHASE

You hereby agree to purchase and Lune Rouge hereby agrees to sell the tickets (individually, the “Ticket” and collectively, the “Tickets”) detailed in your order. The purchase of a Ticket grants the bearer the revocable license to attend the event described on the Ticket. No other relationship between the Parties, either expressed or implied, is created by your purchase of a Ticket.

ORDER CONFIRMATION

Once your order is confirmed and your payment is completed, you will be shown a confirmation page and/or receive a confirmation email indicating a confirmation number (collectively, the “Order Confirmation Page”). You must keep your confirmation number.

If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department ([email protected]) to confirm the status of your order. You are solely responsible for any problem that may occur during Ticket purchase. Under no circumstances shall Lune Rouge shall not be responsible for any loss (monetary or otherwise) that may result from any issue occurring during Ticket purchase through this website, including, without limitation, the failure of a transaction to be completed or confirmed, whether through the actions of Lune Rouge and/or its related entities, or a third party.

Orders will be processed only after a billing address and other billing information have been provided and verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order. This can delay or invalidate the processing of the order and the delivery of the Tickets. In such case, Lune Rouge’s Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If Lune Rouge is unable to reach you after an initial attempt, it shall reserve the right to cancel your order and sell the Tickets to another customer.

DELIVERY

Tickets can either be delivered by mail at the postal address you indicate, by e-mail at the e-mail address you indicate or, when such option is possible, by will call (pick-up). We recommend that you receive your Tickets by email. If you choose to receive your Tickets by e-mail, you are responsible for printing your e-Tickets and presenting them at the event, or ensuring that your e-Ticket is available for presentation on your mobile device. Note that certain delays and fees may be applicable depending on the delivery mode you choose.

SERVICE FEES

Tickets purchased through this website will be subject to a non-refundable per ticket service fee. You may be able to purchase group tickets through any sales channel without paying our service fee.

OBLIGATION TO PAY

By accepting the terms of this Agreement, you agree to pay the full price of the Tickets ordered, including any applicable taxes, delivery charges, services fees, convenience and other fees, as described in the Order Confirmation Page. Ticket prices for events held the United States are stated in US dollars.

Please ensure that you are purchasing the correct category of Ticket. Purchasing or attempting to gain admission to an event with a Ticket that is not available to you (for example, purchasing a ticket at a reduced fair not applicable to you and reserved for certain groups or individuals) is a direct violation of this Agreement. In the event you do attempt to attend an event with the wrong category of Ticket, your Ticket will be cancelled and you will be prohibited from attending the event. Lune Rouge reserves the right to request photo ID of the Ticket holder.

REFUNDS AND EXCHANGES

You must review your Ticket selection before you submit and confirm your order. Subject to the provisions below for cancelled and/or postponed events, and except as otherwise provided by any applicable law, there are no exchanges or refunds once a Ticket has been purchased. Notwithstanding the foregoing, a refund or exchange may be possible upon immediate notification to Lune Rouge of any system error during the purchase process. Contact our Customer Service Department ([email protected]) in the event of such system error.

CANCELLED AND/OR POSTPONED EVENTS

Lune Rouge may, at its sole discretion, cancel or postpone an event. When an event is cancelled or postponed, Lune Rouge will, at its sole discretion, either offer you an exchange or a refund of your Tickets. Lune Rouge will inform you by written notice, as soon as reasonably practicable, if an event is cancelled or postponed, at which point you will have the sole responsibility to follow the instructions and procedures provided by Lune Rouge in order to benefit from said exchange or refund, as applicable. Please make sure to provide your order confirmation number provided on the Order Confirmation Page at the time of your inquiry to facilitate the exchange or refund process, as applicable.

If an event is cancelled for which no other date has been selected for the postponement, as a general rule, the credit card with which you purchased the Tickets will be refunded. However, Lune Rouge reserves the right to decide on an alternative refund or exchange method for a particular event.

Lune Rouge may change its refund and/or exchange policies at any time, at its sole discretion.

LATE ARRIVAL

The event starts on time and latecomers may be admitted only during a suitable break or at an appropriate time, at the sole discretion of the ushers or other employees of Lune Rouge. Under no circumstances will latecomers be guaranteed admittance into the event premises.

RIGHT TO CANCEL TICKETS, REFUSE ACCESS AND EXPEL

Lune Rouge reserves the right to cancel any Ticket or order of Tickets through this website and to institute legal proceedings against you if you breach any provision of this Agreement or this website.

Lune Rouge reserves the right to request photo ID of the Ticket holder.

In the event any person attending an event is judged unmanageable or exhibits behavior which is considered inappropriate, or fails to comply with Lune Rouge or premises rules, Lune Rouge reserves the right, without any refund or compensation, to terminate such person's right to attend the event and immediately expel such person.

Tickets purchased on this website are revocable licenses and admission to a Ticket holder may be refused, at the sole discretion of Lune Rouge, its employees, agents, officers or representatives. Tickets shall not be redeemable for cash.

RECORDING, TRANSMISSION AND PUBLICATION

All cameras, tape recorders and video recorders (including when incorporated in cellular phones or other mobile or electronic devices) and their use are strictly forbidden on the site of Lune Rouge events. By purchasing a Ticket, you hereby grant Lune Rouge the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the event in any means or circumstances, without any further permission or compensation.

CHANGES IN THE EVENT

Lune Rouge reserves the right to make any changes to the content of any of its events. Moreover, the duration of an event may differ from time to time.

NO RESALE

Any unlawful resale of Tickets is strictly prohibited. Lune Rouge reserves the right to cancel the license granted in connection with the Tickets as a result of any fraudulent sale of such Tickets, without refund or other compensation.

NO PROMOTION WITHOUT PERMISSION

Tickets may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold for the purposes of same without the prior written authorization of Lune Rouge.

USE OF PERSONAL INFORMATION

In addition to and without limiting the generality of the provisions set out in our Privacy Policy, by purchasing Tickets through this website, you expressly agree that the personal information you provide to us may be used by Lune Rouge or its affiliates, or other persons acting on behalf of Lune Rouge, in order to deliver the Tickets to you and add you to our distribution list in order to propose offers and other promotional or marketing activities to you and to provide you with the latest information about Lune Rouge. Should you wish to object to the processing of your information, or if you would like to make any inquiries or corrections in relation to your personal information, please Contact Us ([email protected]).

ARCHIVING

This Agreement will be archived and available for consultation, upon request, by contacting us ([email protected]).

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LUNE ROUGE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS AND ALL OTHER PERSONS ACTING ON BEHALF OF LUNE ROUGE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, TICKETS OR OTHER PRODUCTS OR RESULTING FROM ANY SERVICES, TICKETS OR OTHER PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF LUNE ROUGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR THE SERVICE, OR WITH THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

NOTWITHSTANDING ALL SECURITY MEASURES IN PLACE ON THE SITE, INJURY MAY OCCUR DURING THE EVENT. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ASSUME ALL RISK, LIABILITY AND RESPONSIBILITY FOR ANY AND ALL DAMAGES OF ANY NATURE SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, BODILY HARM AND LOSS OF PROPERTY INCURRED DURING OR IN CONNECTION WITH THE EVENT. FURTHERMORE, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO CLAIM DAMAGES OR TO INSTITUTE CIVIL, CRIMINAL, ADMINISTRATIVE OR LEGAL PROCEEDINGS AGAINST LUNE ROUGE, ITS AFFILIATES AND OTHER RELATED ENTITIES OR THEIR DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, EMPLOYEES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS AND ALL OTHER PERSONS ACTING ON BEHALF OF LUNE ROUGE, RESULTING FROM ANY CAUSE WHATSOEVER ARISING EITHER BEFORE, DURING OR AFTER THE EVENT.

ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR PURCHASE OF TICKETS, THE USE OF THE LUNE ROUGE WEBSITE OR ITS TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.

IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN LUNE ROUGE’S AGGREGATE LIABILITY (AND THAT OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, DISTRIBUTORS, VENDORS, SUPPLIERS, PARTNERS, SPONSORS, REPRESENTATIVES OR ALL OTHER PERSONS ACTING ON BEHALF OF LUNE ROUGE) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PURCHASE PRICE OF THE TICKETS DETAILED IN THE ORDER CONFIRMATION PAGE.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Lune Rouge, its affiliates and other related entities, Rangers Baseball LLC, Rangers Stadium Company, LLC, Rangers Baseball Express LLC, Ballpark Parking Partners LLC, REV Entertainment LLC, City of Arlington, Arlington Sportservice, Inc., Metroplex Sportservice, Inc. their directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Lune Rouge from and against any and all claims, actions, damages or other demands, including, but not limited to, reasonable costs and expenses of litigation such as counsel fees, arising from or relating to your purchase of Tickets or your use of Lune Rouge’s website or of the Service.

ASSIGNMENT

Lune Rouge may at any time assign all or part of its rights and obligations under this Agreement provided that the assignee assumes all of Lune Rouge’s obligations hereunder.

INVALIDITY

If any term, provision or section of this Agreement or any portion of such term, provision or section is held invalid or unenforceable, or in the event that a court of competent jurisdiction declares a portion of this Agreement invalid or unenforceable, the remainder of this Agreement will not be affected thereby and each remaining term, provision or section, or portion thereof, will be valid and enforceable to the full extent permitted by law.

APPLICABLE LAWS AND EXCLUSIVE JURISDICTION

The Parties hereby agree that this Agreement shall be governed by and interpreted according to the laws applicable within the State of New York applicable therein, without regard to conflict of law provisions. Furthermore, the Parties hereby elect to submit to the exclusive jurisdiction of the Courts of the Borough of Manhattan, City and State of New York, in respect of any action or proceeding arising out of or related to this Agreement. However, the foregoing clause is in force without prejudice to the rights of Lune Rouge to obtain any protective proceeding such as an injunction from any competent court having jurisdiction.

TICKET CONDITIONS

The following paragraph appears on all printed Tickets and forms an integral part of this Agreement: IMPORTANT - No exchange and no refund. Upon cancellation of an event for which no other date has been selected, this ticket may be refunded pursuant to the conditions set forth by Lune Rouge Entertainment USA Inc. (“Lune Rouge”). No refund of service fees. Any falsification or resale of tickets is prohibited. This ticket is void following a sworn complaint of theft thereof to the local police station. This ticket grants the right to its holder to assist at the event and grants no other right. This ticket may not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the prior written consent of Lune Rouge. The holder of this ticket assumes any and all liabilities as to the risks and dangers that may result from attending this event and renounces to any claim for loss or damage whatever the cause, incurred or suffered by the holder, whether occurring before, during or after the event. The holder of this ticket renounces to any claim resulting from the capture or transmission of his or her image while on the premises where the event takes place and any subsequent use by Lune Rouge of such image. The use of this ticket is subject to the rules in force on the premises where the event takes place and to all rules established by Lune Rouge. Management reserves the right to refuse access to the event or to evict any person whose behavior is deemed inadequate. Lune Rouge reserves the right to examine the photo ID of the ticket holder to ensure that the correct ticket fare has been purchased. Lune Rouge may deny access to any person attempting to gain admission to the event with a ticket inapplicable to him or her. Expulsion cancels this ticket and the holder thereupon forfeits all claims, including any claim to a refund. The holder of this ticket may be frisked at the entrance of the event. Holder consents to a reasonable examination of his/her person and effects to ensure compliance with safety rules. It is strictly prohibited to carry weapons and enter the site with alcoholic beverages. It is strictly prohibited to bring any type of food or beverage inside the event premises. Smoking and vaping are strictly prohibited on the event premises. The use of cameras, tape recorders and camcorders is also prohibited. This ticket or the rights represented hereby or arising herefrom may not be assigned, sold or transferred commercially or as part of a promotion without the express written consent of Lune Rouge.

GENERAL

The headings in this Agreement are provided for clarity only and do not form an integral part of this Agreement.

Where you have read this Agreement in English, the Parties agree that this Agreement shall be drawn up in the English language. You can also read this Agreement in French. Une version française du présent contrat d’achat est aussi disponible.

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