Luna Luna Ticketing Terms
PLEASE READ CAREFULLY. THESE TERMS & CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY, ASSUMPTION OF RISK, CLASS-ACTION WAIVER, AND AGREEMENT TO BINDING ARBITRATION.
1. Purchase of Tickets; Entry to Luna Luna
Luna Luna uses a third-party vendor, Universe Experiences, Inc. (“Universe”) to administer and process your online purchase of admission tickets to Luna Luna. Ticket purchase are subject to the terms and conditions of such vendor available here: https://www.universe.com/terms#NA.
Persons under the age of 10 years must be accompanied by someone 16 years of age or older while attending Luna Luna. Walking children must be ticketed.
To enter Luna Luna, a ticket is required on the date and for the time of entry. Entry is limited and subject to capacity, availability and restrictions. Availability is subject to change. Tickets are sold on a first-come, first served basis. Tickets for popular Events may sell out quickly. It is the responsibility of the booking party to complete their purchase within the allocated time limit, or the selected tickets will be released and made available to others.
Tickets are void if transferred or sold and have no cash value. Unused tickets expire at the end of the day, are forfeited, and will not be replaced or refunded. In the event that duplicate QR codes are presented, Luna Luna may refuse entry.
The ticket may not be used for advertising, promotion or for any other trade purposes. Tickets obtained from any other source other than Luna Luna, Universe, or their authorized agents may be lost. stolen or counterfeit tickets and may not be honored.
Luna Luna reserves the right to reschedule or cancel tickets at any time and for any reason, including but not limited to changes in capacity, capacity limitations, exhibition closure, without liability. Exhibition entry is not guaranteed.
Certain events, artworks, attractions, experiences, services and other offerings may be modified or unavailable, have limited capacity and may be subject to limited availability or even closure. Offerings are not guaranteed.
Luna Luna reserves the right to refuse admission or to remove you or the ticket holder from the event, without compensation to you, in circumstances where Luna Luna in its complete discretion considers it has cause. This includes, without limitation, where tickets are lost or damaged, where you engage in conduct that interferes with the enjoyment of the event by others (i.e. by fighting, talking loudly, being abusive or disorderly, hampering the conduct of the event, or refusing to take reasonable direction from Luna Luna staff), and where you do not comply with Luna Luna’s posted rules or its Ticket Terms of Sale.
2. WARNING; RELEASE OF LIABILITY, WAIVER OF CLAIMS
THE TICKET HOLDER VOLUNTARILY AND EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT, INCLUDING BUT NOT LIMITED TO THE EVENT PREMISES, THE ARTWORK, AND PERFORMANCES, WHETHER OCCURRING PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT, INCLUDING DEATH, PERSONAL INJURY, LOSS, DAMAGE, OR LIABILITY. BY PURCHASING OR RESERVING TICKETS ON BEHALF OF OTHERS, INCLUDING MINORS, THE TICKET HOLDER ACKNOWLEDGES THAT THOSE PARTIES ARE AWARE OF ALL TERMS AND CONDITIONS RELATING TO THEIR TICKETS AND THEIR ENTRY AND ATTENDANCE AT THE EVENT.
WARNING: LUNA LUNA: FORGOTTEN FANTASY FEATURES ARTWORKS FROM 1987 AND IS HOSTED IN A WAREHOUSE SPACE. THE TICKET HOLDER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERACTING WITH THE ARTWORKS AND THE EVENT PREMISES AND THAT THESE RISKS CAN CAUSE SERIOUS EVEN FATAL INJURIES. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO SLIPPERY OR UNEVEN SURFACES. PLEASE STAY ALERT AND AWARE OF YOUR SURROUNDINGS AND ABIDE BY ALL LUNA LUNA RULES AND REQUIREMENTS, INCLUDING BUT NOT LIMITED TO THOSE POSTED ON THE EVENT PREMISES. THE TICKET HOLDER ASSUMES ALL RISKS, HAZARDS, AND DANGERS ASSOCIATED WITH AND INCIDENT TO THE INTERACTING WITH THE ARTWORKS AND THE EVENT PREMISES.
IN CONSIDERATION OF THE ABOVE AND BEING ALLOWED TO ATTEND THE EVENT, THE TICKET HOLDER EXPRESSLY AGREES TO RELEASE LUNA LUNA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, FUNDERS, AND ALL OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS, THE EVENT FACILITY, EVENT PERFORMERS, AND ARTISTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM ANY CLAIMS THAT ARISE FROM OR ARE INCIDENT TO THE EVENT, INCLUDING BUT NOT LIMITED TO THE EVENT PREMISES, ARTWORK, AND PERFORMANCE, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF THE RELEASED PARTIES. THE TICKET HOLDER EXPLICITLY AGREES NOT TO FILE ANY CLAIM OR LAWSUIT AGAINST LUNA LUNA FOR PERSONAL INJURY OR DEATH AGAINST THE RELEASED PARTIES.
THE TICKET HOLDER FURTHER EXPRESSLY AGREES THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, INJURY, OR DAMAGE (“DAMAGES”) HOWEVER CAUSED, WHETHER TO ANY PERSON OR PROPERTY, INCLUDING UNDER CONTRACT, TORT, STATUTE, PRODUCT LIABILITY, OR OTHERWISE, WHETHER THE DAMAGES BE DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM OR RELATING TO THE EVENT, THE EVENT FACILITY, EVENT PERFORMERS, AND ARTISTS, EVENT CANCELLATION OR POSTPONEMENT, AND/OR THE TICKET HOLDER’S INABILITY TO THE TICKETS, OR FOR ANY OTHER REASON WHATSOEVER.
BY PURCHASING AND/OR ACCEPTING AN EVENT TICKET, THE TICKET HOLDER FURTHER AGREES THAT THEY WILL DEFEND, COVENANT NOT TO SUE, INDEMNIFY, SAVE AND HOLD HARMLESS AND FOREVER RELEASE, THE RELEASED PARTIES FROM ANY AND ALL INJURIES (WHETHER PERSONAL INJURIES, PROPERTY DAMAGE OR OTHERWISE), DEMANDS, SUITS, AND/OR CLAIMS RELATING IN ANY WAY TO THE EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ANY SUIT BY A PARENT ON BEHALF OF A MINOR TICKET HOLDER, THE PARENT AGREES TO FULLY INDEMNIFY THE RELEASED PARTIES.
3. No Refunds and Exchanges
Unless required by law, we do not provide refunds on any tickets purchased. Therefore, please ensure that you carefully review your selection before processing the purchase. Any delivery and/or booking fees may not be refundable. Refunds are also subject to the terms and conditions provided by Universe, available here: https://www.universe.com/terms#NA. Exchanges are not guaranteed. To inquire about changing the date or time of your ticket please visit: https://support.universe.com/hc/en-us/requests/new.
4. Publicity Rights; Right to Record and Exploit Your Image
By entering the Event, you grant the Released Parties the right to photograph, record and/or videotape you and further to display, edit, use and/or otherwise exploit my name, face, likeness, voice, and appearance, in all media, whether now known or hereafter devised (including, without limitation, in computer or other device applications, online webcasts, television programming, in motion pictures, films, newspapers, and magazines), social media, advertisements, and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, without compensation, residual obligations, reservation or limitation, or further approval, and you agree to indemnify and hold harmless the Released Parties for any Claims associated with such grant and right to use. Luna Luna is, however, under no obligation to exercise any rights granted herein.
The exhibition, events, and/or public areas at Luna Luna may be filmed, sound recorded or photographed by Luna Luna or its agents. By reserving or purchasing and using a ticket for entry to in exhibitions, events, and activities at Luna Luna, you consent to be filmed or photographed or to have your voice recorded as a member of the audience, and you agree that Luna Luna may reproduce, broadcast, and publish such films, sound recordings, or photographs in its discretion. If you are reserving or purchasing tickets for your minor children, you agree that they may likewise be filmed, photographed, or recorded at exhibitions, events and activities at Luna Luna.
5. Late Policy
Timed, general admission tickets must be redeemed within the original ticketed window. Luna Luna will make an effort to accommodate, but will not guarantee, entry for latecomers.
6. Reselling and Reproduction Policy
No ticket or reservation may be resold, used for advertising, promotion or other commercial purposes without prior written authorization from Luna Luna. Luna Luna reserves the right to cancel such tickets and refuse entry to any customer who has purchased or reserved tickets and resold them, or to any person attempting to redeem resold tickets.
It is unlawful to reproduce tickets in any form. In the event of reproduction, Luna Luna reserves the right to refuse entry to the original purchaser as well as any person attempting to attend Luna Luna exhibitions, events and/or activities with reproduced tickets.
Individual user accounts are limited to a maximum of 20 tickets. Luna Luna reserves the right to cancel tickets over this amount.
7 .COVID-19 And Any Other Communicable Or Infectious Disease
By purchasing a ticket, and in consideration thereof, and in consideration for being able to visit and/or participate in the exhibition, events, and activities at Luna Luna, you agree, understand and acknowledge on my own behalf and on behalf of any individual who uses a ticket or reservation made by me, as follows (collectively, the “COVID-19 and Other Communicable/Infectious Disease Provision”):
a. Assumption Of Risk: You acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. You acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that you will expose others that you later encounter, even if you are not experiencing or displaying any symptoms of illness myself. By visiting and/or participating in exhibitions, events, and activities at the Luna Luna, you agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below. You acknowledge that my visit and participation are entirely voluntary.
b. Waiver: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, You agree to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to and/or participation in exhibitions, events, and activities at Luna Luna. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.
c. Acknowledgment Of Assumption Of Risk And Waiver By Other Users: You attest, acknowledge, and agree that any individual for whom you have bought a ticket or made a reservation or who uses a ticket, or reservation made by you have independently and carefully read this COVID-19 and Other Communicable/Infectious Disease Provision and has knowingly and independently acknowledged and agreed to all its provisions, including without limitation (1) to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of himself, herself, or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below, and (2) to agree, on his or her own behalf and on behalf of his or her heirs, executors, personal representatives, administrators, and assigns, to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active, or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during his or her visit to and/or participation in exhibitions, events, and activities at Luna Luna.
d. Waiver On Behalf Of Minor Children: For any minor child for whom you have bought a ticket or made a reservation or who uses a ticket, or reservation purchased and/or made by me, you agree and acknowledge that you am the minor child’s natural and/or otherwise legal guardian and you are authorized to and do waive and release, in advance, any of the following that would accrue to the minor child: any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during the minor child’s visit to and/or participation in an Event.
e. Third-Party Beneficiaries: You acknowledge and agree that any individual for whom you have bought a ticket or made a reservation or who uses a ticket, or reservation made by you is and is intended to be a third-party beneficiary of that ticket, or reservation made by you.
f. Indemnity/Insurance: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, you agree to indemnify and hold each of the Released Parties harmless from and against any and all claims made or incurred by anyone, including myself and any individual who uses a ticket, pass or reservation made by me, arising out of or in any way relating to my purchase of an admission ticket(s) or pass(es) and/or my making of a reservation(s), and subsequent visit to and/or participation in exhibitions, events, and activities at Luna Luna and arising out of any and all risks described above in the section titled Assumption of Risk or in any other way related to exposure to COVID-19 and any other communicable or infectious disease, wherever such activities may occur and whether suffered before, during, or after such participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. You understand and agree that You are not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to my visit to and/or participation in exhibitions, events, and activities at Luna Luna, and that You are solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my visit to and/or participation in exhibitions, events, and activities at Luna Luna, at my own expense.
g. Scope: You agree that the Waiver and Indemnity provided for in this COVID-19 and Other Communicable/Infectious Disease Provision shall cover all physical and emotional injuries and/or damages, including without limitation all illness and bodily injury (including death), whether suffered by you or anyone else before, during, or after my visit and/or participation. Additionally, you agree that the scope of the Waiver and Indemnity shall include any claims related, in whole or in part, to my own actions and the actions of third parties, whether foreseeable or unforeseeable.
8.Waiver of California Civil Code § 1542
You acknowledge and agree that You are familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
9. Severability/Partial Invalidity.
If any provision or part thereof of these Ticket Terms of Sale is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken, without affecting the binding force or effect of any other part or provision.
10. Binding Arbitration
YOU AGREE THAT, UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO THIS COVID-19 AND OTHER COMMUNICABLE/INFECTIOUS DISEASE PROVISION OR EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE DURING MY VISIT TO AND/OR PARTICIPATION IN EXHIBITIONS, EVENTS AND ACTIVITIES AT LUNA LUNA, NOW OR IN THE FUTURE WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). YOU ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES MY RIGHT TO GO TO COURT. YOU THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY. YOU AGREE THAT YOU THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). YOU ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY. YOU ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this COVID-19 and Other Communicable/Infectious Disease Provision, including the arbitrability of any dispute and any claim that all or any part of this COVID-19 and Other Communicable/Infectious Disease Provision is void or voidable.
In the event of a dispute, you agree to send a notice of dispute, which is a written statement that sets forth my name, address, and contact information; the facts giving rise to the dispute; and the relief requested to the Released Parties 10960 Wilshire Blvd., 5th Floor
Los Angeles, CA 90024 USA, Attention: LUNA LUNA, LLC LEGAL DEPARTMENT. The Released Parties will send any notice of dispute to you at the contact information that they have for me. The Released Parties and you will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, the Released Parties or you may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If the Released Parties and you do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) before a single arbitrator. The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Los Angeles County, California. The Released Parties and you agree to submit to the exclusive jurisdiction of the federal or state courts located in Los Angeles County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either you or the Released Parties) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of the Released Parties’ last written settlement offer; or (b) if the Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Released Parties will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in Los Angeles County, California, nothing in this arbitration provision shall be construed as consent by the Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement. If arbitration is unavailable or unenforceable for any reason, each of the parties hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, as well as to the jurisdiction of all courts from which an appeal may be taken therefrom, for all claims arising hereunder. Any and all objections that any party may have regarding venue in any such court is hereby waived.
This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
11. GOVERNING LAW
These Ticket Terms of Salshall be governed by the laws of the State of California.