CREDIT TERMS AND CONDITIONS

THESE CREDIT TERMS AND CONDITONS (THESE “CREDIT TERMS AND CONDITIONS”) APPLY TO THE TICKET CREDIT REQUEST RELATED TO THE FRIDAY, OCTOBER 3, 2025 FESTIVAL DATE AT THE RISE 2025 FESTIVAL (THE “CREDIT”). THESE CREDIT TERMS AND CONDITIONS SUPPLEMENT, AND DO NOT SUPERSEDE, THE RISE WEBSITE TERMS AND CONDITIONS, AVAILABLE AT HTTPS://RISEFESTIVAL.COM/TERMS-CONDITIONS/ (THE “WEBSITE TERMS AND CONDITIONS”). THE WEBSITE TERMS AND CONDITIONS APPLY TO THE CREDIT, TO THE EXTENT NOT DIRECTLY CONTRADICTORY, AND ARE INCORPORATED HEREIN BY REFERENCE. YOU SHIOULD READ THESE CREDIT TERMS AND CONDITIONS TOGETHER WITH THE WEBSITE TERMS AND CONDITIONS.

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  THESE CREDIT TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS PROVIDED IN SECTION 12 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT THE USER ACCEPTING THESE CREDIT TERMS AND CONDITIONS (“YOU” OR “GUEST”) AND RISE FESTIVAL LLC (“RISE,” “WE” OR “US”) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. THESE CREDIT TERMS AND CONDITIONS ALSO CONTAIN A WAIVER OF CERTAIN RIGHTS BY YOU.

  1. General. These are the terms and conditions you must accept in order to claim the Credit. The Credit is being offered as a goodwill gesture to Guests, and not as an admission of liability by RISE. The Credit is a credit that can be applied against the ticket price for the 2026 RISE Festival. The purchase of a ticket for the 2026 RISE Festival will be subject to separate terms and conditions that will be provided if and when tickets become available. You acknowledge that the 2026 RISE Festival dates, times, events, and even whether it will occur at all, are subject to future determination. You are not required to accept the Credit. 
  2. Waiver and Release. In consideration for the promises and other valuable consideration set forth in these Credit Terms and Conditions, Guest, on behalf of himself or herself, and on behalf of each of Guest’s heirs, administrators, representatives, agents, attorneys, insurers, and assigns, and each of them (the “Releasors”), hereby knowingly and voluntarily fully and forever releases and discharges RISE, its predecessors, successors, parents, subsidiaries, and affiliated or related companies, and each of their respective present and former officers, directors, members, managers, partners, employees, representatives, agents, attorneys, insurers, and assigns, and each of them (the “Releasees”), from any and all claims, demands, liens, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees, expenses, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity, or otherwise, by reason of any matter, cause, or thing whatsoever, whether now known or unknown, suspected or unsuspected, subject to dispute or otherwise, from the beginning of time through the date of acceptance of these Credit Terms and Conditions, that the Releasors, or any of them, may have had, now have, or may hereafter purport to have against the Releasees, or any of them, arising out of, in connection with, or related to the 2025 RISE Festival, except for any claims that may not be released by law (“Released Claims”). Further, by accepting these Credit Terms and Conditions, Guest agrees not to challenge or initiate a chargeback of any credit card charges relating to the purchase of tickets for the 2025 RISE Festival. If a chargeback has been initiated, Guest must withdraw such chargeback as a condition to receiving the Credit. Guest acknowledges that the receipt of the Credit fully and finally resolves any dispute over the ticket payment.
  3. Waiver of California Civil Code Section 1542. Guest further acknowledges that he or she has been advised of the existence of Section 1542 of the California Civil Code, which provides:

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.

Notwithstanding such provision, or any similar provision in any applicable jurisdiction, these Credit Terms and Conditions shall constitute a full release of the Released Claims in accordance with these terms. The Guest knowingly and voluntarily waives the provisions of Section 1542, as well as any other statute, law, or rule of similar effect.

  1. Voiding of Credit. If Guest breaches or violates any of the Credit Terms and Conditions or the Website Terms and Conditions, the Credit shall be null and void. 
  2. Your License to Us.  You grant us a non-exclusive, world-wide, royalty-free license to use the information, data, content, and other materials uploaded by you to the Website (the “Content”) for purposes of furnishing the Website to you and the services and functionality available through the Website, including providing, processing, and otherwise dealing with, the Credit.  You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section.  Except for the license granted in this Section, nothing contained in these Credit Terms and Conditions will be construed as granting us any right, title, or interest in your Content.  You grant us a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, copy, distribute, and otherwise exploit statistical and other aggregated data derived from your use of the Website and the Content (the “Aggregated Data”) for our business purposes, including the provision of products and services to our customers; provided the Aggregated Data is combined with similar data from our other customers and does not include (directly or by inference) any information identifying you or any identifiable individual.  The Aggregated Data will not be considered confidential or proprietary to you.
  3. Your Obligations.  You represent and warrant that you have all right, title, and interest necessary to post your Content to the Website and grant the rights provided above, including the right to grant the release set forth in Section 2.  You will not provide any Content that:  (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule.  RISE will have no liability related to the Content or your access to or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise.
  4. Your Indemnity.  At RISE’s option and request, you will, at your own expense, indemnify, defend, and hold RISE, its subsidiaries, and its affiliates, and its and their respective officers, directors, members, managers, employees, agents, successors, co-branders, suppliers, and associates, harmless from and against any losses, costs, damages, fines, sanctions, liabilities, and expenses (including reasonable attorneys’ fees and other court costs), arising out of your use of the Website or related to a third-party claim, action or allegation (i) based on or caused by unauthorized access to the Website through your account, (ii) based on your actual or alleged breach of these Credit Terms and Conditions, (iii) based on your violation of any applicable law or regulation of any jurisdiction, or (iv) arising out of the Content. You shall not enter into a settlement or stipulated judgment of the foregoing without RISE’s prior written consent. 
  5. Privacy.  Please review RISE’S Privacy Policy located at https://risefestival.com/terms-conditions/#privacy-policy, for details on the manner in which we collect, use, disclose and otherwise manage your personal information.
  6. Warranty Disclaimer.  THIS WEBSITE AND ALL SERVICES AND PRODUCTS PROVIDED THROUGH IT, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS, CONTENT, DATA, AND HYPERLINKED WEBSITES.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RISE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE OUR OBLIGATIONS UNDER THESE CREDIT TERMS AND CONDITIONS.
  7. Limitation of Liability.  THE WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS, CONTENT, AND DATA ARE PROVIDED AS A CONVENIENCE TO YOU.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RISE AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER RISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE.  YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE EXCLUSIVE LIABILITY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, PRODUCTS, CONTENT, DATA, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  8. Choice of Law; Venue.  These Credit Terms and Conditions are entered into in the State of Nevada and shall be governed by and construed in accordance with the laws of the State of Nevada, exclusive of its choice of law rules requiring the application of the laws of a different jurisdiction.  Subject to Section 12, all disputes arising under these Credit Terms and Conditions shall be resolved exclusively in the state and federal courts located in Clark County, Nevada. Each party hereby irrevocably submits to the exclusive jurisdiction of such courts, and waives any right to claim that such courts constitute an inconvenient forum or lack personal jurisdiction over such party. 
  9. Disputes; Mandatory Arbitration.  Except for cases involving claims for injunctive relief, you and RISE agree that all controversies, claims, counterclaims, or other disputes arising between you and RISE relating to these Credit Terms and Conditions or arising out of your access to or use of any of the Website, including any products or services furnished through the Website (each, a “Claim”) will be resolved through binding and final arbitration instead of through court proceedings.  This agreement to arbitrate means that you and RISE each waive your respective rights to a jury trial.  Any and all Claims must be submitted for binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time arbitration is initiated (“JAMS Rules”).  If you decide to initiate arbitration, you agree to pay an arbitration initiation fee of $250 (unless the fee is waived as discussed below), and RISE will pay the remainder of the arbitration initiation fee and all other costs of the arbitration proceeding, including the arbitrator’s fees.  Notwithstanding the venue selected in Section 11, the arbitration will be held in Clark County, Nevada (provided that either party may participate remotely).

For information on filing your Demand for Arbitration, you may contact JAMS toll free at (800) 352-5267.  To start an arbitration, you must do all of the following:

(1) Write a demand for arbitration (your “Demand for Arbitration”).  Your Demand for Arbitration must include a description of the Claim and the amount of damages sought to be recovered, and you must attach a copy of all of these Credit Terms and Conditions (including this arbitration provision).  You can find a form of a demand for arbitration on the JAMS rules page at www.jamsadr.com.

(2) Send one (1) copy of your Demand for Arbitration to RISE at:  Willkie Farr & Gallagher LLP, 2029 Century Park East, Los Angeles, CA 90067, Attn: Steven Hurdle at SHurdle@willkie.com.

(3) Send two (2) copies of your Demand for Arbitration (with a copy of these Credit Terms and Conditions attached) and proof of service of your Demand for Arbitration on RISE at the address noted in subsection (2) above (for example, a copy of a certified mail return receipt requested or a sworn statement of service by a non-party over eighteen (18) years of age) to the JAMS Resolution Center of your choice (JAMS Resolution Centers are listed at www.jamsadr.com.

(4) Pay JAMS a two hundred and fifty dollar ($250.00) arbitration initiation fee, unless you are entitled to a waiver of the fee under applicable law.

In the event RISE elects to start an arbitration with you, RISE must write a Demand for Arbitration and send two (2) copies of it to JAMS and serve one (1) copy of RISE’s Demand for Arbitration to you at the contact information that we have on file for you.  RISE will pay all costs of the arbitration proceeding, including the arbitrator’s fees, for any arbitration that RISE commences.

The arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with JAMS Rules.  The arbitrator will render an award in accordance with JAMS Rules.  Any award may be challenged if the arbitrator awards any relief that could not be awarded under the laws of the state in which the arbitration is held or in which the award is to be enforced.  Except for the foregoing, the arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction.  You and RISE agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

The terms of this Section do not preclude you or RISE from seeking action by federal, state, or local government agencies.  You and RISE also have the right to bring qualifying Claims in small claims court, notwithstanding the requirement to arbitrate Claims set forth herein.  In addition, you and RISE retain the right to apply to any court of competent jurisdiction for public injunctive relief and/or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed incompatible with these Credit Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Credit Terms and Conditions.

Neither you nor RISE may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or RISE’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  Accordingly, you and RISE agree that the JAMS Class Action Procedures do not apply to RISE’s arbitration.  This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.

A court may sever any portion of this Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis.  No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver will not waive or affect any other portion of these Credit Terms and Conditions.  This Section will survive the termination of your relationship with RISE and any termination of your access to and/or use of all or any part of any of the Website.

Important:  This Section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the JAMS Rules, and the right to certain remedies and forms of relief.  Other rights that you or RISE would have in court also may not be available in arbitration.

13. Entire Agreement. These Credit Terms and Conditions, as may be amended from time-to-time by RISE in its sole discretion, together with the Website Terms and Condition, constitute the entire agreement between RISE and you pertaining to the subject matter hereof.