No memberships or other products purchased on New Orleans Jazz & Blues Market’s website are returnable or exchangeable. All sales are final.

Inability to Perform: New Orleans Jazz & Blues Market shall not be liable for its failure to perform or for limited or interfered performance or other cause beyond the reasonable control of the New Orleans Jazz & Blues Market due to Acts of God, including, but not limited to, flood, tornado, earthquake, storm, lightning, fire, epidemic or war, national emergency, civil disturbance, riot, sabotage, terrorism, court order or machinery or equipment failure, labor troubles, disputes or strikes, government regulations, utility shortages, restrictions upon travel affecting transportation of foods, beverages or supplies; or any other cause, whether specifically enumerated herein or not, the same shall not constitute a breach of this Agreement by New Orleans Jazz & Blues Market, and New Orleans Jazz & Blues Market shall not be liable to Client for any loss as a result of a force majeure event. Should any Act of God described in this section prevent New Orleans Jazz & Blues Market from providing you with any services contracted herein, New Orleans Jazz & Blues Market shall use reasonable efforts to provide you with a substitute date of commensurate value based on availability, and any amounts paid to New Orleans Jazz & Blues Market shall be applied and credited to your payment obligations in connection with such substitute date. 

Indemnification: To the extent permitted by law, you agree to indemnify, defend and hold harmless New Orleans Jazz & Blues Market, and all of its officers, employees, directors, partners, and agents against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney’s fees) (“Claims”), arising out of or connected with your function, except those claims arising out of the negligence or willful misconduct of New Orleans Jazz & Blues Market. You further indemnify New Orleans Jazz & Blues Market from all Claims related to a breach by you of this Agreement and you represent and warrant that your activities conducted at New Orleans Jazz & Blues Market and in connection with the Event shall not infringe the patent, copyright or trademark rights or violate rights of privacy or publicity of any third party.

Promotional Considerations: We have the right to review and approve any advertisements or promotional materials in connection with your function which specifically reference the New Orleans Jazz & Blues Market’s intellectual property, including but not limited to our name or logo. New Orleans Jazz & Blues Market reserves the right to refuse approval of any material bearing its name, likeness or logo for any reason, in its sole discretion.

Attorney’s Fees: The parties agree that in the event that any dispute arises in any way relating to or arising out of this Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its reasonable attorney’s fees and costs, plus pre and post judgment interest, as may be finally determined and awarded by the trier of fact.

Arbitration: The parties agree that subject to the exclusion of intellectual property matters as set forth below, any dispute in any way arising out of or relating to this Agreement will be resolved by arbitration before JAMS or American Arbitration Association in the City and State of New York; provided, however, a dispute relating to patents, trademarks, trade dress, copyrights, trade secrets, false advertising, false representation, unfair competition and/or infringement of intellectual property rights shall not be subject to this provision. The parties further agree that in any arbitration proceeding they may conduct reasonable discovery pursuant to the arbitration rules, that the law of New York State will be the governing law, and any arbitration award will be enforceable in state or federal court.

Amendments: The parties agree that any amendments or changes to the arrangements described in this Agreement must be made in writing, signed by both you and us.

Entire Agreement: This Agreement, including these terms and conditions together with our BEO, and Invoice constitutes with exhibits attached (if any), constitutes the entire agreement between the parties, New Orleans Jazz & Blues Market and Client.

Miscellaneous: You cannot not assign any of your rights or obligations under this Agreement without New Orleans Jazz & Blues Market’s prior written consent. We are acting in the capacity of an independent contractor to you. This Agreement will not be construed as creating any agency, partnership, joint venture or other form of joint enterprise, nor will it create an employment or fiduciary relationship between you and us, and neither party has the authority to contract for or bind the other party in any manner whatsoever. This Agreement is for solely for the benefit of the parties hereto. Nothing in this Agreement will confer on any other person or entity any legal or equitable rights, benefits or remedies of any nature whatsoever. This Agreement and all matters resulting from or arising from or in connection with this Agreement are governed by the laws of the State of New York, without regard to reference to any conflicts of law provisions, and any matter must be brought in such jurisdiction. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such other term or provision. No waiver by us of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by us. No failure on our part to exercise, or delay by us in exercising, any rights or remedies in this Agreement will operate as a waiver of such rights or remedies. Should this contract not be signed and executed by the Due Date as stated above, then this agreement will be considered null and void in its entirety. The Venue will have no responsibility to continue to hold Event Space on a tentative basis, or otherwise, any further beyond the Due Date.