Private Event Terms and Conditions, RJ Cinema
Private Event Terms and Conditions
RJ Cinema Private Theater or Event Rental Terms & Conditions
PLEASE READ CAREFULLY. BY REGISTERING FOR THE RENTAL OF A PRIVATE THEATER OR EVENT, YOU ACCEPT THESE TERMS AND CONDITIONS (THIS "AGREEMENT"). THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.
IN CONSIDERATION of being permitted to rent a Private Theater or host a Private Event ("The Event") at RJ Cinema (the "Venue"), the individual specified on the registration (referred to as “I”, “Me,” “Attendee,” “Customer,” “Guest,” or “Entrant”) and, as applicable, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, and other persons acting or purporting to act on my behalf (collectively, "Related Persons"), hereby acknowledge and agree to the terms below by submitting my registration to rent a Private Theater or host a Private Event at RJ Cinema.
THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO ANY TERMS AND CONDITIONS ESTABLISHED BY THE VENUE. I hereby expressly waive and release any and all claims, now known or hereafter known, against RJ Cinema, and its officers, directors, manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Released Parties").
1. ADMITTANCE. In its sole discretion and without refund, RJ Cinema reserves the right to refuse admittance to or expel from the premises anyone that it determines is behaving in a manner that could be disruptive to the Event or pose any danger to any other attendee. Customer consents and agrees that in such event, it shall not be entitled to a refund of any portion of amounts paid. Breach of any of the terms herein shall entitle RJ Cinema to all available legal remedies.
2. CONDUCT. Any customer conduct that restricts or inhibits any other patron from enjoying the use of any part of RJ Cinema, as determined by RJ Cinema, in its sole discretion, will not be permitted. Customer’s reservation is for a private theater or event rental. Customer may not advertise the event to the public without the expressed written consent of RJ Cinema, or in any way leverage the RJ Cinema name, trademarks (“Marks”) to promote customer’s reservation, outside of customer’s privately invited guests. Any unauthorized use of RJ marks will cause cancellation of customer’s reservation and any paid deposit forfeited.
3. EXPRESSED VIEWS: Views expressed by any attendee at the Event are their own. RJ Cinema shall have no liability for advice given, or views expressed, by any attendee at the Event or in any material provided to attendees. Customer is prohibited from making any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law associated with your event. RJ Cinema will determine, in their sole opinion, the foregoing.
4. FILMS/CONTENT. New Films: RJ Cinema offers new movies to the public weekly. These movies are available to view in a private theater experience. Ticketing costs for the new movies are identified prior to your reservation and may change based on the number of attendees entering the private theater. This content availability is subject to restrictions made by the film distributor. Classic Films: If you wish to view non-current films, arrangement must be made twenty-one (21) days prior to your event, due to the process of ordering, receiving, and paying the licensing fee to the film distribution company. This fee varies at the discretion of the film distributor.
5. CUSTOMER SUPPLIED CONTENT. Customer-supplied video content must be approved by RJ Cinema on a case-by-case basis. The customer must supply the content to RJ Cinema seven (7) days in advance of the event for review and approval. Video content will not be played without written pre-authorization by RJ Cinema. RJ Cinema reserves the right to refuse any customer-supplied content for any reason, at any time, in its sole discretion. Customer facilitated presentation content must be approved by RJ Cinema on a case-by-case basis. The customer must supply the agenda/summary of the presentation content to RJ seven (7) days in advance of the event for review and approval. RJ Cinema reserves the right to refuse any customer facilitated presentation content for any reason, at any time, in its sole discretion. The Customer or Guest providing content must not misappropriate or infringe on a third party’s intellectual property rights, including but not limited to copyright, trademark, trade secret, or other proprietary rights, violate the rights of a third party, or contain defamatory or otherwise unlawful material. No unauthorized advertisements or pornographic materials permitted.
6. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. I fully understand that: the novel coronavirus SARS-CoV-2 and any resulting disease (together with any variation thereof, "COVID-19") is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; no Safety Protocols (as defined below) can eliminate the risk of exposure to COVID-19; while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable; and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Customer’s spouse, family members, and other persons in proximity to Customer’s; and exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
I hereby acknowledge and agree that in the absence of any negligence or other breach of duty by RJ Cinema or the Released Parties, entry to the Venue and attendance at the Event is entirely at my own risk.
7. ASSUMPTION OF RISKS, HAZARDS, AND DANGERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SAVE IN RELATION TO INSTANCES OF GROSS NEGLIGENCE, RECKLESS CONDUCT, WILLFUL/WANTON CONDUCT, OR INTENTIONAL ACTS BY RJ CINEMA AND THE RELEASED PARTIES, CUSTOMER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE AND EVENT, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH. CUSTOMER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY ATTENDANCE AT THE EVENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER HEREBY ASSUMES, ON BEHALF OF ITSELF AND RELATED PERSONS, ALL RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT SAVE FOR INSTANCES OF GROSS NEGLIGENCE, RECKLESS CONDUCT, WILLFUL/WANTON CONDUCT, OR INTENTIONAL ACTS BY RJ CINEMA.
8. RELEASE AND WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY ACKNOWLEDGES AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES, EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT CUSTOMER OR ANY OF CUSTOMER’S RELEASED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTIONS 2 AND 3, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO CUSTOMER’S OR RELATED PERSONS' EXPOSURE TO COVID-19, (COLLECTIVELY, THE "CLAIMS"), IN EACH CASE WHETHER CAUSED BY ANY ACTION OR INACTION (OTHER THAN GROSS NEGLIGENCE, RECKLESS CONDUCT, WILLFUL/WANTON CONDUCT, OR INTENTIONAL ACTS) OF ANY RELEASED PARTY OR OTHERWISE. THE RELEASEES SHALL NOT BE LIABLE FOR ANY LOSS, LIABILITY OR DAMAGE TO PERSONAL PROPERTY.
9. LIMITATIONS ON ASSUMPTION OF RISK AND RELEASE OF LIABILITY. FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN (INCLUDING THE ABOVE SECTIONS 3 AND 4), THIS AGREEMENT DOES NOT RELEASE LIABILITY WITH RESPECT TO OR EXTEND TO CLAIMS THE LAWS OF THE STATE OF OHIO DO NOT PERMIT TO BE RELEASED OR WAIVED BY AGREEMENT, INCLUDING LIABILITIES ARISING FROM GROSS NEGLIGENCE, RECKLESS CONDUCT, WILLFUL/WANTON CONDUCT, OR INTENTIONAL ACTS.
10. SAFETY PROTOCOLS. Due to the uncertainty related to COVID-19, Customer’s admission to the Venue and attendance at the Event is subject to any health and safety policies, assessments, precautions and/or protocols put in place by local, state and federal governmental agencies, the Venue owner/operator, and/or by RJ Cinema and/or third parties, including requirements relating to face masks and/or enhanced health screenings (which may include a requirement that Customer, and any person in Customer’s party, be tested for COVID-19 prior to or during the Event and/or provide proof of vaccination against COVID-19) the “Safety Protocols”. Customer acknowledges and agrees to comply with the Safety Protocols. Failure to comply with Safety Protocols shall automatically terminate any rights that Customer may have hereunder; and shall authorize the Venue owner/operator and/or RJ Cinema (or their respective personnel) refuse admission to the Venue, or eject Customer from the Venue and Event, without refund in each case, and subject Customer to all legal remedies available to the Released Parties. Customer acknowledges that the Safety Protocols are not diagnostic and do not eliminate the risk of exposure to COVID-19.
11. DISCLOSURE OF PERSONAL HEALTH INFORMATION. Customer acknowledges that RJ Cinema and/or the Venue may be compelled, required, or requested to disclose certain private personal information of Customer and certain Related Persons to public health authorities and other local, state, and federal governmental agencies. Such information may include the results of COVID-19 tests and other health information collected as part of the Safety Protocols. If such disclosure is so compelled, required, or requested, RJ Cinema will disclose only the portion of such information that is legally required. By accepting below, Customer consents to such disclosure and agrees that no additional signed release will be required in relation to any such disclosure.
12. INSURANCE. It is the sole responsibility of Customer to arrange appropriate personal insurance appropriate or necessary in connection with their attendance at the Event.
13. PAYMENT. By registering for the Event, Customer warrants that they have the authority to authorize charges to the credit card or other method of payment, as applicable. Customer understands and agrees that RJ Cinema is not liable, in any way, for erroneous bill statements or incorrect charges and that should an error occur in billing or debiting. RJ Cinema’s only responsibility is to correct such error when and if they receive written notice of such error. All bookings made prior to the Event must be paid at whatever agreed upon deposit sum to guarantee registration. If payment is not made at the time of booking, registration will be provisional. Customer will be required to ensure that agreed upon deposit payment is received by RJ Cinema prior to the event date. If Customer’s agreed upon payment has not been received before the event a credit card payment will be required at the time of check in. Only one discount at a time can be applied to Customer’s event registration fee. If Customer is using a discount code, the discount will be deducted from the current price of the event. All prices displayed are exclusive of VAT unless otherwise stated, VAT will be charged, where applicable, at the prevailing rate on the invoice date and the relevant details will appear on the invoice.
14. EVENT AMENDMENTS AND DISCLAIMER. RJ Cinema reserves the right to make changes to the agenda, format, speakers, location, menu, and any other aspect of the event without notice and without liability to Customer. RJ Cinema Events may at any time, with or without giving notice, in its absolute discretion and without giving any reason, change, cancel or postpone the event, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, RJ Cinema shall not be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with the event unless they are satisfied not only that the money in question remains under their control, but also that the person who paid it has been unfairly prejudiced, about which the decision shall be in their sole and unfettered discretion and, when announced, final and conclusive.
15. PHOTOGRAPHS, PUBLICITY MATERIAL, RADIO AND TELEVISION AND PRINT MEDIA. Except as otherwise expressly agreed in writing between RJ Cinema and the applicable party, RJ Cinema reserves the sole right to use any photographs, recordings, electronic images, or publicity material received by or obtained by RJ Cinema in the course of the event, for whatever use deemed proper by RJ Cinema. RJ Cinema has the exclusive right to include photographic, video and other visual portrayals of attendees including its contents, in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity and otherwise, without further compensation to the attendee and all rights titled and interest bearing (including all worldwide copyrights therein) will be RJ Cinema’s sole property, free of any claims of attendee or any persons deriving any rights or interest from the attendee.
16. PERSONAL INFORMATION. By submitting registration details, Customer agrees to allow RJ Cinema to process all personal information provided in such registration and acknowledges that such processing may include such personal information being held by RJ Cinema on a database and, where legally permitted, being shared with other parties within the United State and internationally. Customer agrees and acknowledges that any personal information submitted to RJ Cinema by Customer in connection with the Event may be shared with (a) affiliates of RJ Cinema; (b) event sponsors; (c) third parties providing services specific to Customer’s event attendance including, but not limited to: registration providers, event app providers, networking providers; (d) third parties (exhibitors, sponsors, media partners etc.) hosting workshops or exhibits in connection with the Event; and (e) government entities and regulatory authorities as required by law. Customer consents to their details being shared with such parties and agrees and acknowledges that such parties may contact Customer in the future. Customer acknowledges that there may be certain areas of the Event at which Customer’s attendance is conditional on Customer’s personal information being provided to third parties which have sponsored or are managing such areas. Customer further agrees and acknowledges that their personal information will be used to create a delegate list (physical or digital) for the event containing Customer’s Name, Company & Job Title, and that such list may be shared with other event attendees; Customers who do not wish to be included on such list must so advise RJ Cinema Events at the time of booking. All processing of personal information set forth in this section is subject to applicable data protection legislation. The use that any third parties make of Customer’s personal information is outside of RJ Cinema’s control and, to the extent permitted by applicable law, RJ Cinema does not accept any liability in this regard.
17. CANCELLATION POLICY. Cancellations by Customer more than two (2) weeks prior to the Event are fully refundable. If Customer cancels their registration less than forty-eight (48) hours prior to the Event, RJ Cinema will be obliged to charge the full fee. Customer must notify RJ Cinema in writing of a cancellation, or RJ Cinema will be obliged to charge the full fee. If the Event must be postponed, Customer’s registration will automatically roll over to the new date and platform, based on availability. Customer may request a refund in connection with the postponement or cancellation of the Event within one month following such postponement or cancellation. RJ Cinema shall not be liable to attendee for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses. Customers are responsible for obtaining the appropriate travel insurance to cover themselves with respect to such eventualities.
18. FORCE MAJEURE. RJ Cinema shall not be held responsible or liable for any delay or failure in performance of its obligations hereunder (including the holding or hosting of the Event) to the extent such delay or failure is caused by (i) storm, flood, fire, earthquake or other acts of God; (ii) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest or violence; (iii) any disease, epidemic or pandemic, including novel coronavirus COVID-19 (together with any mutation, adaptation, or variation thereof), (iv) embargoes or blockades; (v) national or regional emergency; (vi) strikes, labor stoppages, or slowdowns or other industrial disturbances; (vii) any order or guidance from any governmental or quasi-governmental organization, including without limitation in regard to travel, public gatherings, or health and safety; (viii) disruptions in supply chains, hotel inventory, commercial air travel or other public transportation; (ix) failure of carriers or utilities or equipment beyond RJ Cinema’s reasonable control; (x) unavailability of the venue through no fault of RJ Cinema; or (xi) other similar causes beyond the reasonable control of RJ Cinema. In any such event, RJ Cinema shall be entitled but not obliged to either provide alternative facilities or venue for the Event and/or reschedule the Event, without liability on the part of the RJ Cinema. If RJ Cinema are unable to reschedule or rearrange the event, RJ Cinema may cancel the Event on the part of the RJ Cinema.
19. GOVERNING LAW. Customer hereby understands and agrees that this Agreement will be governed by and construed in accordance with the laws of the State of Ohio. Customer and RJ Cinema hereby consent to the exclusive jurisdiction of any state or federal court sitting in Clermont County or in the United States District Court for the Southern District of Ohio.
20. Customer hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding. All waivers of any provision of this Agreement must be made in writing and signed by RJ Cinema.
BY REGISTERING FOR THE EVENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.