Ticketing Contract

Print a copy of the Ticketing Contract




Last updated: November 19 2020. This contract is subject to change at any time.

All references to "Sixthman" shall include Sixthman LTD and any entity wholly owned by Sixthman LTD or affiliated through ownership with the owners of Sixthman LTD. All references to “Moon Crush" shall be understood to mean Moon Crush LLC.  All references to the “Event” or the “Moon Crush Event” shall be understood to refer to the Moon Crush vacation event taking place in Miramar Beach, FL on the dates outlined in Exhibit A with a variety of lodging accommodations. All references to “Venue” shall be understood to refer to the rental home, condo or resort lodging accommodations booked through Sixthman as part of the Event and any related surrounding property, All references to "Guest" shall refer to each person attending the Event, including any accompanying minors, and any of their heirs, successors, assigns or representatives. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.

Each Guest’s reservation for the Event, acceptance and/or use of the Ticket Contract, or attendance at the Venue constitutes the acceptance of and agreement to this Contract.

Guest represents that Guest is authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all the terms of this Contract. This Contract is not transferable and you may not sell or assign it. It is valid only for the Event indicated in Exhibit A. This Contract may not be modified except in writing signed by Sixthman. These terms shall apply to any and all disputes between you and Sixthman and Moon Crush regardless whether arising at the Venue or in any other place, location or any mode of transportation. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of Sixthman, and all concessionaires, independent contractors or other providers of any services or facilities in connection with or incident to the Guest’s vacation.

1. Nature of the Event

The Moon Crush Event is a connected vacation featuring single or multiple headline musicians and a variety or lodging accommodations at the Venue that is produced by Moon Crush with reservations booked through Sixthman. Nothing contained herein is intended to be, nor shall it be construed as a right or guarantee to specifically attend any particular concert on any particular date to be performed by any particular artist. Guest is purchasing accommodations at a specific rental home, condo, or resort during a specific period of time, during which time it is anticipated that headline musicians will perform multiple concerts during the Event. Included in such purchase price, but ancillary thereto, is an entertainment package pursuant to which several artists will perform at a time or times during the Event which times will be announced prior to Event and/or during the Event. While Moon Crush will make efforts to avoid conflicting events and performances, Moon Crush and Sixthman can make no guarantee that any Guest will be able to attend every performance. Moon Crush and Sixthman make no guarantee that any Guest will in fact be able to meet any of the musicians in person during the Event.

2. Pricing and Payments

Sixthman reserves the right to increase published prices without notice. In the event of an increase, only new reservations made following the price increase will be affected. Any reservations made prior to the fare increase will be protected at the rate they booked and fully deposited at. Payment for the Event shall be made in US Dollars. ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE. Sixthman accepts reservations and payments according to three schedules:
1.    Payment in Full Up Front;
2.    Payments over time on Sixthman’s Automatic Billing Plan; or
3.    Payments over time on Sixthman’s Minimum Payment Schedule

Payment in Full Up Front
Payment in full up front is self-explanatory. Guests who pay in full are finished and will not have to be concerned about any future or upcoming payments, unless they modify their reservation.

Sixthman’s Automatic Billing Plan
The Automatic Billing Plan allows Guests to establish an evenly divided payment schedule up front. Sixthman then automatically charges the Guest’s authorized credit card for the applicable charges on the scheduled dates. Guests who wish to enroll in the Automatic Billing Plan will be required to make the initial deposit at the time of booking, and then authorize in advance 1-12 additional charges to be processed on the day of the month selected by the Guest. Because the payments are evenly divided, guests are not faced with a large final payment. There is no additional charge for participation in the Automatic Billing Plan.

Sixthman’s Minimum Payment Schedule Plan
The minimum payment schedule allows Guests to make installment payments on their reservation over time. The date that you place your reservation will dictate your minimum deposit amount after which you would be required to make any future payments according to the schedule. See Exhibit A for particular plans. All payments are per person and non-refundable.

Payment Schedule - Resort:

  • $250 per person due at the time of reservation and;
  • Another $250 per person is due on January 24, 2021
  • Remaining 100% is due on February 24th, 2021

Payment Schedule - House:

  • $350 per person due at the time of reservation and;
  • Another $350 per person is due on January 24, 2021
  • Remaining 100% is due on February 24th, 2021

Payment Schedule - Condo:

  • $350 per person due at the time of reservation and;
  • Another $350 per person is due on January 24, 2021
  • Remaining 100% is due on February 24th, 2021

Payment Schedule - Music Only Pass:

  • $200 per person due at the time of reservation and;
  • Another $200 per person is due on January 24, 2021
  • Remaining 100% is due on February 24th, 2021

Reservations made after the final payment date of February 24, 2021, may require a minimum deposit, and must be paid in full within 30 days of the booking or 35 days from the check in date (March 22, 2021), whichever comes first.

The Sixthman reservation system will not complete a reservation on a single card that is declined but will complete a reservation paid with multiple cards even if one-or-more, but not all, of the cards are declined. Should your initial payment not meet minimum payment due at the time of your reservation you will have 72 hours in which to bring your account into good standing or risk cancellation.

Payments not received by the dates indicated are subject to a late fee of no less than $35.00 (USD). Payments not made or collected within 21 days of the due date will risk cancellation of the reservation at the cancellation fee outlined below.

In addition to the combined Event fare and entertainment fees, Sixthman will collect in advance all taxes and resort fees, including, without limitation, a booking fee. The parties agree that the consideration for the entertainment portion of the vacation including performance by all musicians during the Event shall be the sum of $250.00 (USD). The remaining consideration paid by each Guest for an Event shall be allocated to the rental portion including property rental. The individual making the reservation for the Event is considered the “Lead Guest” in whose name the reservation is held. The consideration for the vacation shall be deemed to be earned when paid and is not refundable.

3. Changes, Transfers and Cancellation

Sixthman does offer and RECOMMENDS (but does not require) that each Guest purchase travel insurance for the Event. Because of the nature and uniqueness of the Event, there is a strict cancellation policy. All changes, transfers or cancellations may be made only by the Lead Guest. The Lead Guest, in whose name the reservation is held, may change the name of any accompanying guest (subject to Sixthman's written approval) in the same room once without charge prior to the final payment date. Any other reservation change, subsequent changes to the name of any accompanying guest in the same room, or any change prior to the final payment date will be subject to Sixthman's approval and a minimum $50.00 administrative fee before the change is effected.

Any reservation change made after February 24, 2021, is subject to the following administrative fee schedule before the change is effected:
February 25, 2021 through April 19, 2021 - $75 per change
April 20, 2021 through April 26 - $100 per change

A reservation for the rental home, condo, or resort is valid only for the person(s) named within as Guests and cannot be transferred without Sixthman's written consent. With written consent, you may transfer your reservation to another party with a $299 transfer fee charged to the reservation. No Lead Guest changes after a sell-out. Sixthman will not consent to a reservation transfer during any pre-sale period, after an event sell-out when a waiting list exists, or after the final-payment date.

In the event the reservation is cancelled by the Lead Guest, Sixthman will make refunds of payments previously made strictly in accordance with the provisions of this paragraph. The Lead Guest and each Guest are strongly urged to consider travel protection to protect your trip. In lieu of cancellation, the Lead Guest may request that his or her reservation be transferred to another person subject to the written consent of Sixthman and payment of the above-referenced transfer fee.

Any changes to your reservation that involve changing, adding, or removing existing guests or upgrading the value of your rental home, condo, or resort to a higher priced property can only be requested by the Lead Guest.

Downgrading your room to a room of lesser value is not allowed.

The Lead Guest must request these changes by phone or email. In some cases a signed RESERVATION CHANGE FORM may be required. This form can be found at http://www.sixthman.net/forms/changeform.pdf.

The Cancellation Schedule:
We highly recommend that all guests purchase Travel Protection. You can find more details about this program at www.sixthman.net/protection.
Once purchased, Protection plan fees are non-refundable. Guests that have purchased Travel Protection and need to cancel for a covered condition may be able to make a claim with the Travel Protection carrier to recover any lost payments.

4. Acceptance and Agreement to Ticket Contract

a. By making the reservation for the Event or by the accepting and/or using the Ticket Contract by the persons named thereon as Guests, and/or attending the Event and any Event-related events, the Lead Guest and each Guest on the same reservation, acknowledges he or she has read, understands and agrees to be bound by each and every term, condition and provision of this Ticket Contract.

5. Cancellation of the Event

If the Event is cancelled, Guests will receive an email with these options:
•    Transfer your full reservation (same house, same cove assignment) to the make up dates in October 2021
•    Transfer monies paid towards a future Moon Crush event.
•    Receive a full refund of all monies paid. Guests will be provided a brief window of time to make their selection and refunds will be processed within approximately 45 days of making such selection.

6. Breach or Cancellation by Performing Artist

Moon Crush enters into an agreement with performing artists at the Event to be present during the Event and to perform in accordance with certain terms. However, neither Moon Crush nor Sixthman shall be liable or responsible for failure of any advertised artist or musician to appear or to perform under its agreement. Further, neither Moon Crush nor Sixthman shall be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the property damage to the rental home, condo, or resort facilities, requisition of the rental home, condo, or resort by governmental authority, illness, death of a family member or other cause or circumstance beyond Moon Crush’s or Sixthman’s reasonable control. In the event of any failure of contracted artists to perform during an Event, Moon Crush, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Event or the entertainment program or change the program or itinerary. In such case, Moon Crush and Sixthman shall have no liability to any Guest for any loss, damage, cost or expense by reason of such change.

In any other case, including without limitation any breach of contract or failure to perform by any artist or musician, Guest and Moon Crush acknowledge that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. Therefore, Guest agrees that the remedies described herein (substitution for any particular artist or musician or partial refund in the event of cancellation) represent fair compensation in the nature of liquidated damages to the exclusion of all other damages payable Sixthman, whether direct or indirect, proximate or incidental or consequential, for such modification, cancellation or termination of the Event by Moon Crush. If the Event is canceled as the result of any material breach or gross negligence of Sixthman or Moon Crush or of a contracted artist or musician, Guest shall be entitled to the sum of $250.00 representing a pro-rated amount of the entertainment portion of the consideration paid by Guest. No Guest shall be entitled to recover any incidental or consequential losses or damages sustained by him or her. Each Guest agrees this remedy shall be his or her exclusive remedy.

7. Inherent Risks in Attending Event

Guest understands and agrees that attending the Event comes with inherent risks, such as, without limitation, slipping on wet surfaces, bumping into other guests or staff, or having other guests or staff bump into Guest, injuries caused by food poisoning or other air borne or water borne viruses, all of which could result in injury, or in rare instances, death, and Guest nevertheless agrees to take on these risks in order to attend the Event. Accordingly, Guest hereby releases and holds harmless Sixthman, and Moon Crush, and their parents, ultimate parents, subsidiaries, affiliates and related entities, and their present and former directors, officers, employees, agents, contractors, representatives, insurers, licensees, successors, and assigns (collectively, “Released Parties”), from any and all rights, claims, demands, losses, damages, expenses, costs and/or actions (including, without limitation, attorneys’ fees), whether arising from, without limitation, the sole or partial negligence of the Released Parties which you, your spouse, or anyone claiming on behalf of or through your spouse, your children or you may have or acquire in connection with your attendance at the Event or any other related activities, including, without limitation, any bodily injury, personal injury (including, without limitation, death), loss of consortium or property damage that you may incur or which may arise out of or in connection with your participation in the Event. You intend for this release and waiver to be as full and complete as possible and allowed by law. To the fullest extent permitted by law, you hereby agree to indemnify and defend the Released Parties from and against any and all claims, demands, losses, damages, expenses, costs and/or actions (including without limitation, attorneys’ fees) which may arise out of or in connection with your participation in the Event or any excursions or other related activities, including, without limitation, claims and actions allegedly arising out of or in connection with any acts or omissions which are caused by the sole negligence, including, without limitation, the gross negligence, of the Released Parties.

8. Public Performance

Moon Crush and Sixthman may be recording (video, still photos, including sound) all public performances at an Event. By attending, all Guests agree that they may be photographed, filmed, or otherwise recorded. Guests further grant irrevocable consent to Moon Crush and Sixthman, its parents, successors, assigns, and licensees to include your name, image, and voice in any and all commercial use, publication, distribution, or other exploitation of all recordings, without compensation or credit, for any purpose in all media now known or hereafter devised throughout the universe in perpetuity. All footage or recordings shall be Moon Crush and Sixthman’s sole property. Guests waive all rights of publicity, privacy, or other rights therein.

9. Age Restrictions

You must be at least twenty-five (25) years old to create a reservation and accept the Lead Guest responsibilities.

10. Right to Eject / Zero Tolerance Policy

Moon Crush and the rental home, condo, or resort maintain the right to refuse entry and/or to eject any Guest who do not observe the rules and regulations of the rental property or Event. The following behaviors will not be tolerated: verbal or physical threats of another; deliberate damage or destruction of property; and disorderly, immoral, or indecent conduct. Furthermore, Moon Crush and Sixthman have a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in removal from access to programming and or the rental property as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases Moon Crush and Sixthman shall not be liable for any refund or other compensation or damages.

11. Medical Facilities

Limited general medical services on-site provided by a hospital/clinic hired by the Venue for those services. If Guest needs medical assistance and refuses the medical services hired by the Event, Guest should state that it is not their wish to receive the medical services from the onsite medical team with which Moon Crush has an agreement.

12. Forum

It is agreed by and between each Guest and Moon Crush and Sixthman that all disputes and matters arising under, in connection with or incident to this Contract or to the Event, including any dispute or matter arising out of or related to Guest’s travel to the Event involving Moon Crush or Sixthman, shall be litigated if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the courts of any other county, state or country.

13. Severability

Should any provisions of the terms of this Ticket Contract be contrary to or invalid by virtue of the law of any jurisdiction, the remaining provisions shall remain in full force and effect.

By clicking the “accept” button (or equivalent button) in the course of booking your accomodations and ordering your ticket, you acknowledge that this is a legally binding agreement and you agree to all the terms herein.

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