These terms and conditions apply to and are part of the Rooftop Admission Contract (“Contract”) to which they relate and are attached. In the event of a conflict between these terms and conditions and the terms of the face of the Contract, the terms of the face of the Contract will govern.
RESERVATION; CONTRACT EXECUTION: Upon initial reservation of the Rooftop’s facility at the location specified (the “Rooftop Facility”) in the Contract and for the event as specified in the Contract (the “Event”), all Contracts are on a first-come, first-served basis. Any additional time afforded the Client, must be originated and confirmed by the Rooftop facility.
PAYMENT: Major credit cards (Visa, MC, or Amex), checks, and money orders are accepted. A copy of the credit card and billing address of the credit card must be included upon execution of the Contract.
GUEST LIST: A guest list with the names of all attendees must be received by Rooftop via fax or e-mail no later than 7 days prior to the Event or the reservation under the Contract may be canceled. Any change to the guest list by Client must be immediately communicated to Rooftop, and any changes are subject to approval of Rooftop.
TICKETS: Except as otherwise set forth in the Contract, all tickets are non-refundable, non-transferrable and may not be sold or resold by any guest, including through any ticket agency or brokerage. Rooftop reserves the right to cancel any Contract for which any tickets are transferred, sold or offered for resale or for which payment is past due. In addition, once a guest is admitted to the Rooftop Facility, no re-entry is allowed after a guest exits, and a guest may not transfer any ticket to any other person at any time, including after exiting the Rooftop Facility. Tickets are purchased in a dynamic market. Purchase of tickets at a specific price does not guarantee that prices will remain at that initial purchase price.
HOURS: Attendees will be admitted to the Rooftop Facility no earlier than 1 hour prior to the scheduled Event time, and may stay at the Rooftop Facility no longer than thirty (30) minutes after the Event is over.
FOOD; BEVERAGES: Food and beverage are included in the total price paid. Food service will begin 60 minutes prior to scheduled Event time. Beverage service will begin 1 hour prior to scheduled Event time. Alcoholic beverages will be served until the earlier of three (3) hours from first pitch or the end of the seventh (7th) inning of a Cubs game. In the event of a delay during the Event, total alcohol service will still only be three hours from the scheduled Event time, regardless of the length of the delay. Guests will be provided with soda and water for the duration of the Event. All drinks will be served in plastic cups. In addition, liquor and alcoholic beverages will only be served as permitted by other applicable laws, rules and ordinances. GUESTS MAY NOT BRING THEIR OWN FOOD OR BEVERAGES and no one will be permitted to leave the premises with any liquor or alcoholic beverages. One alcoholic drink will be served per person, in compliance with the Illinois Liquor Code. In the event of non-compliance, the Rooftop facility reserves the right to remove guests at its discretion.
SEATING: Unless otherwise agreed in the Contract, all seating is on a first come first served basis and the Contract does not guarantee any specific seating or specific number of seats. Client acknowledges that seating is limited and that Rooftop may not have enough seating on the roof deck for all guests at all times. Rooftop may reserve seating for specific parties without prior notice. Rooftop may also designate specific areas of the facility as reserved or exclusive for specific parties.
CANCELLATION POLICY: A refund will only be provided if the Event is cancelled prior to any guests being admitted to the Rooftop Facility for the Event. There will otherwise be no refunds, including for any weather delay or cancellation, after any guests have been admitted to the Rooftop Facility. Rooftop is not responsible for weather conditions affecting the use and enjoyment of the Rooftop Facility or the view of the Event from the Rooftop Facility. Client acknowledges that Rooftop has no liability relating to adverse weather conditions. In the event of adverse weather conditions, Rooftop reserves the right to permit the use of seating or other areas designated as “exclusive” for the safety and comfort of patrons.
EVENT TIME CHANGES: Rooftop reserves the right to change the starting time of any admission to the Rooftop Facility for an Event when a change is made to the starting time of that Event. The designated booking agent for Client will be contacted as soon as possible once Rooftop becomes aware of a starting time change for an Event. There will be no refund or discount as a result of any changes in the starting time of any Event.
RAINOUT AND RAIN DELAY POLICY:
In the event the "game" is cancelled for any reason prior to the scheduled start, and the Client has assembled on the roof and wishes to stay after the scheduled start time, no credit will be issued, and full catering services will be provided for three (3) hours. In the event the game is cancelled for any reason prior to the scheduled start, and prior to the catering being provided, a transferable ticket will be issued. Once said Client participates in any food or beverage service, no refund, credits or transferable tickets will be issued. During a rain delay or game which is ultimately rained out, alcoholic beverages and food service will be served until the earlier of three (3) hours from admission into the facility or until the end of the seventh (7th) inning.
SIGHTLINES; SOUND; CONSTRUCTION: Rooftop does not guarantee any particular sight lines or view of Wrigley Field or the playing field or other Event stage and does not guarantee any particular sound quality for any Event. Rooftop also does not guarantee or commit to provide any broadcast or other television or closed circuit viewing of any Event. Client acknowledges that internal or external construction activities, signage, obstructions or other events outside of Rooftop’s control may affect the sight lines, views and sounds from the Rooftop Facility and agrees that any change from the current sight lines or available sounds shall not be grounds for a discount, refund or rebate of any fees paid or payable. Any areas deemed hazardous due to ongoing construction may be partitioned from use. The presence of construction activities will not entitle Client to a discount, refund or rebate of any fees paid or payable. Rooftop also shall not be responsible for the presence of obstructions outside of Rooftop’s control, including but not limited to special signage, construction activities, sound equipment, video screens and light towers for Events that may affect the view of the field, stage area or performance of an Event from the Rooftop Facility or the sound quality from the Event at the Rooftop Facility, and the presence of such obstructions will not entitle Client to a discount, refund or rebate of any fees paid or payable.
OWNER GUESTS; ROOFTOP PERSONNEL: Authorized guests of Rooftop may be allowed access to the Rooftop Facility, even if an event is designated as “exclusive.” Also, Rooftop and its agents, employees and representatives shall at all times have the right to be present at the Rooftop Facility for security reasons, to supply any service, or for any other purpose that Rooftop may reasonably deem necessary or desirable. Rooftop shall have the right to use any and all means which it may deem proper to access the Rooftop Facility in an emergency.
FORCE MAJEURE: Rooftop shall not be responsible for any matters beyond its control, including but not limited to, denial of City rooftop license, closure by governmental authority, Acts of God or accidents, all of which are defined as force majeure events. In the event access and/or service cannot be provided due to a force majeure event, Rooftop’s liability will be limited to refund of the deposit or payment made under the Contract, and the Client and guests shall not be entitled to any other refunds, rain checks, claims, damages or reimbursements, including any claims for any incidental or consequential damages.
LIMITATION OF LIABILITY: ROOFTOP AND CLIENT AGREE THAT RIGHT FIELD ROOFTOPS, LLC, ITS OWNERS, OFFICERS, PARENTS, SUBSIDIARIES, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY RELATING TO OR RESULTING FROM ATTENDANCE AT ANY EVENT, INCLUDING, BUT NOT LIMITED TO ANY DAMAGES CAUSED, DIRECTLY OR INDIRECTLY, BY THE NEGLIGENCE OF ROOFTOP OR ITS CONTRACTORS OR VENDORS. CLIENT SHALL BE SOLELY RESPONSIBLE FOR THE CONDUCT OF ANY GUEST OR INVITEE OF CLIENT ON OR ABOUT THE ROOFTOP FACILITY. FURTHER, THE PARTIES AGREE THAT ROOFTOP’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM ANY MATTER RELATED TO THE CONTRACT, THE EVENT OR ROOFTOP’S ACTS OR OMISSIONS SHALL BE LIMITED TO THE TOTAL PRICE PAID BY CLIENT TO ROOFTOP FOR THE EVENT.
SPECIAL TERMS: If there are any special terms and conditions for any Event, those may be contained in the Contract or otherwise on a Rider which will be attached hereto and incorporated herein. Any special terms and conditions will control over these general terms and conditions.
MISCELLANEOUS: Client agrees that in the event that any clause or provision of this Contract is held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Contract, which shall continue to be enforceable. This Contract constitutes the entire understanding of the parties hereto, and supersedes all prior agreements and communications. No additional terms, conditions, waiver or alteration of this Contract shall be binding unless in writing signed by both parties.