Terms

By purchasing a ticket, renting a space, or attending an event at  6th Avenue Studios, 4420 6th Avenue, Seaside, CA 93955 ( hereafter call the "premises") you (hereafter called the "Ticketholder") agree to the following Code of Conduct and Terms and Conditions:

Ticketholder Code of Conduct:

1)    Receiving and/or Presenting a ticket for access constitutes prima facie evidence that the "Ticketholder" has read and agreed to the terms and conditions posted on the walls at the premises and below.  Terms and conditions can be found at www.6ave.studio/terms

2)   Ticketholders must present their ticket upon entry and upon purchase of concessions and when asked.

 

3)    No Drugs, illegal narcotics, alcohol, or controlled substances of any kind shall be brought onto the premises. Ticketholder must surrender any drugs, illegal narcotics, alcohol or controlled substances upon request.

 

3)    No Smoking of any kind inside the building. This includes the smoking of electronic cigarettes or vaporizers.

 

4)  Possession of Illegal narcotics and/or controlled substances and/or their use are prohibited on the premises. Illegal Drug Use shall not be done on the premises. Medically prescribed drugs or drugs for medical necessity are excluded from prohibition if the appropriate documentations is provided.


5) The parking areas are included in “the premises.” 


6)   Alcohol shall not be brought onto the premises including the parking areas. Alcohol shall not be consumed on the premises. Alcohol illegally brough onto the premises shall not be removed from the premises.  Alcohol shall not be provided to anyone under 21. Anyone caught providing Alcohol to anyone under the age of 21 shall be subject to full prosecution by the law. 

 

7)  The Ticketholder expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the Safety Requirements described above) can eliminate the risk of exposure to COVID-19.  COVID-19 is an extremely contagious disease that can lead to severe illness and death.  While people of all ages and health conditions have been adversely affected by COVID-19, certain categories of people have been identified by public health authorities as having greater risk based on age and underlying medical conditions.  THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE. IF THE TICKETHOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER ONTO THE  PREMISES.

 

 

Terms and Conditions:

 

1)   AUTHORITY TO ENTER AGREEMENT: You, the Ticketholder, hereby represent and warrant to us that: (i) you have the full power and authority to enter into and perform under these Terms and Conditions, and (ii) you will comply with all rules and policies of the Host: Saeed Enterprises (including the Code of Conduct), and The Event Venue Renter, and the terms of the tickets as stated on the the tickets and posted on the premises, and all applicable laws and regulations in engaging in all activities arising from, relating to or connected with your purchase and use of event tickets.


2)   ASSUMPTION OF RISK AND HOLD HARMLESS:  By entering the Premises, the Ticketholder acknowledges and accepts that engaging in musical activities carries inherent risks, including but not limited to physical injury, property damage, and hearing loss. The Ticketholder voluntarily assumes all such risks. THE TICKETHOLDER AGREES TO INDEMNIFY AND HOLD HARMLESS SAEED ENTERPRISES, JULIO CAPPURRO, AND THE EVENT VENUE RENTER FROM ANY AND ALL HARM THAT MAY ARISE FROM, OR MAY BE RELATED TO THE EVENT, WETHER OCCURING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLICENCE OR OTHERWISE. IF THE TICKETHOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER ONTO THE  PREMISES. 

 

3) RIGHT TO REFUSE SERVICE: Saeed Enterprises (Host), Julio Cappuro, and the Event Venue Renter (Renter) reserve the right to refuse admittance or service to anyone at their discretion.


4)  JURISDICTION:    This Agreement shall be governed by and construed in accordance exclusively with the laws of the State of California  without regard to its conflicts of law rules. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision were omitted.

 

5) PHOTOGRAPHY:     The Ticketholder grants an exclusive, worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to to Saeed Enterprises (and their respective designees and agents) to utilize the Ticketholder’s event works, image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.  

 

6)  DISPUTE RESOLUTION: Should any current or future dispute, claim or cause of action related to the ticket or the game arise between the Holder and Saeed Enterprises the Holder shall send a written notice describing the issue (a “Dispute Notice”) to Saeed Enterprises, 4420 6th Avenue, Seaside, CA 93955. The Ticketholder and Saeed Enterprises agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in the County of Monterey, California conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021, subject to California Arbitration Law.  The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE TICKETHOLDER, SAEED ENTERPRISES, AND THE EVENT VENUE RENTER AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE TICKETHOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER ONTO THE  PREMISES.

 

7)  EVENT WORKS: The Ticketholder agrees not to create, transmit, distribute, misappropriate or sell (or aid in creating, transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation), picture, photograph, image, video, audio, livestream or other form of exploitation or reproduction of the event (collectively, “Event Works”). Notwithstanding the foregoing, the Ticketholder agrees that by presenting a ticket upon entry, the Ticketholder shall be deemed to have signed the ticket and granted to Saeed Enterprises an exclusive, worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Event Works and their derivatives. The ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of Saeed Enterprises.

 

8)  COVID 19: The Ticketholder agrees, on behalf of the Ticketholder and Ticketholder’s Related Persons (defined below), that the Holder and each such other individual will not attend the Event if any such individual has been directed by a healthcare provider or public health authority to quarantine, isolate, or otherwise refrain from interacting with members of the public due to a diagnosis of or exposure to COVID-19 or any illness or other medical condition. To ensure that all event patrons agree to, and comply with, all safety requirements and all other Saeed Enterprises’ rules, this ticket may not be resold or offered for resale. Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement may be voided by Saeed Enterprises and this ticket cancelled. In addition, on behalf of yourself (or the user of your ticket for any particular admittance) and the Ticketholder’s Related Persons (defined below), the Ticketholder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Ticketholder or any of the Ticketholder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the premises or event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the event; or (iii) any interaction between the Ticketholder and the Ticketholder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. "Ticketholder-Related Persons" means Ticketholder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Ticketholder (which persons Ticketholder represents have authorized Ticketholder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Ticketholder’s or their behalf.


9) WAIVER & RELEASE. The ticketholder hereby waives any and all rights to any legal claims or actions against Saeed Enterprises (SE), Julio Cappurao, and Event Venue Renter and releases and discharges Saeed Enterprises and SE’s assigns, successors, officers, employees, agents, shareholders, board members, administrators or any other legal representatives, in their individual capacity or in the their business capacities, of all claims, causes of actions, liabilities, disputes, demands, damages, agreements contracts, obligations, promises, debts, and/or accounts of any kind or any nature, whether currently known or unknown, for any and all damage, loss, or injury of or relating to the event at the venue premises, the rental of the Venue, the serving of food or alcohol by the Event Venue Renter and its vendors, which Ticketholder has or ever had or may have in the future, against SE, Julio Cappuro, or any of the released parties.


10) UNILATERAL CHANGE OF TERMS:  Saeed Enterprises may revise these Terms from time to time by posting a revised version. YOUR [CONTINUED] USE OF THE TICKET AND ANY ACCESS OF THE PREMISES AFTER WE POST SUCH CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN [ADDITION], BY ENTERING THE PREMISES, OR BY PURCHASING A TICKET, OR BY PRESENTING A TICKET, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR [ENTIRETY], YOU AGREE TO THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU THE TICKETHOLDER.


11) PROHIBITED ITEMS:  Prohibited items may differ depending on the specific event day restriction. Saeed Enterprises is unable to store any prohibited items and guests will be asked to remove the item from the premises. The following the items are always restricted from entering the premises:

*This list is not exhaustive. Items not appearing on this list may still be prohibited at the discretion of Saeed Enterprises if the items pose a potential threat to the safety of our guests.


Terms and Conditions for Use of Music Practice Spaces

1. Definitions

2. Assumption of Risk

By using the Premises and Equipment, the User acknowledges and accepts that engaging in musical activities carries inherent risks, including but not limited to physical injury, property damage, and hearing loss. The User voluntarily assumes all such risks.

3. Release and Waiver of Liability

To the fullest extent permitted by California law, the User releases, waives, and discharges the Provider, its owners, employees, and agents from any and all liability for injuries, damages, or losses arising from the use of the Premises and Equipment, whether caused by the Provider's negligence or otherwise. This waiver does not extend to gross negligence, willful misconduct, or any liability that cannot be waived under California law.

4. Indemnification

The User agrees to indemnify, defend, and hold harmless the Provider from any claims, liabilities, damages, or expenses (including reasonable attorney's fees) arising from the User's use of the Premises and Equipment, including any third-party claims.

5. Use of Premises and Equipment

6. Booking and Payment

7. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California.

8. Severability

If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall remain in full force and effect.

9. Acknowledgment

By using the Provider's Premises and Equipment, the User acknowledges that they have read, understood, and agree to abide by these Terms and Conditions.




25-0217 Rev C