Terms and Conditions for Tailgate Packages

These terms and conditions (the “Terms and Conditions”) govern the purchase by you (“You” or “Your”) of one or more tailgate packages (each a “Tailgate Package”) from Revel XP, LLC (“RevelXP”) for the event (the “Event”) and on the dates and at the facility (the “Facility”) and at the hosting property (the “Property”) set forth in your invoice.As a condition and part of your purchase of a Tailgate Package, you agree to be bound by the following Terms and Conditions, the RevelXPPrivacy Policy, and the Rules and Regulationsgoverning your Tailgate Package, each of which shall apply to You and all persons attending the Event as part of the Tailgate Package purchased by You.

TAILGATE SERVICES. In consideration of the payments to be made to RevelXP for the Tailgate Package(s), RevelXP will provide for each home game or games reserved reflected on the invoice/reservation access for hospitality/tailgating purposes to a Site (as hereafter defined) as well as a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation for your Tailgate Package(s), which includes Site setup and tear-down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).RevelXP shall determine the exact location of Your tailgate site (the “Site”), which may be relocated from time-to-time in the reasonable discretion of RevelXP to accommodate events taking place at the Property during the Event, to adjust for space availability or for other reasons or circumstances. In each case, RevelXP will take into consideration Your request for a particular location.You are not entitled to a refund for Your Tailgate Package or a Media Package for any reason whatsoever (except as expressly set forth in these Terms and Conditions), with the exception of entitlement to a refund for separate payments for catering or beverage service, in such case soley due to any failure of caterer or beverage service provider to deliver the order. RevelXP will strictly monitor and enforce the capacity of attendees at each Site for each Tailgate Package to prioritize the safety of tailgate guests. Tailgates exceeding Tailgate Package capacity may be required to remove guests to prevent overflow into adjacent tailgate sites. If You anticipate that the number of Your attendees will be more than the number of attendees permitted by the Tailgate Package You have purchased, You agree to contact RevelXP to upgrade Your Tailgate Package. If You do not, RevelXP reserves the right to charge You additional amounts for attendees to your Site which exceed the amount of attendees permited by Your Tailgate Package.Tailgate Package capacities are as follows:

Capacity for Special Event Packages (“SEP”) are as follows: SEP 100, SEP 200, SEP 300, SEP 400, and SEP 500 are 100, 200, 300, 400 and 500 people, respectively.

MEDIA PACKAGE. Your Tailgate Package provided by RevelXP pursuant to these Terms and Conditions may, at Your option (and subject to availability), include a media package comprised of a television, stand, connection to a satellite or wireless streaming services, connection to a receiver, power source and/or other equipment to display or stream content (a “Media Package”). You acknowledge and agree that RevelXP has no control over television broadcasts, wireless streaming services or applications and shall not be held accountable for any channel “blackouts” caused by contract disputes or any lack of service due to inclement weather, interruptions or outages ofwireless streaming services or applications, or other availability issues. In the event of service issues resulting from setup or technical matters not covered herein, any refund for services is limited to either the amount separately invoiced or the portion of a Tailgate Package price related to Media Package based on RevelXP’s current, standard rates for similar service as sold separately to the general public.You agree (a) to use only the wireless streaming services and applications included in Your Media Package, (b) to only display or stream the content provided in Your Media Package, and (c) that a breach of the preceding (a) or (b) may result in the discontinuance of your Media Package or the termination of your Tailgate Package with no refund at RevelXP’s sole discretion.

3.PAYMENT. In consideration of the Tailgate Services to be provided by RevelXP, You shall pay the amount for the Tailgate Package purchased by You as listed on the invoice/order detail for the Tailgate Package (the “Package Price”).

a.Full Season Packages. In order to reserve the Site for the entire season, You may choose between the following payment methods: Paid in Full or Payment Plan.

Paid in Full: You agree to pay RevelXP one hundred percent (100%) of the total amount of the Package Price at the time of purchase.

Partial Payment Plan: You agree to pay the Package Price for the Tailgate Package You have purchased in equal monthly installments. If You elect to pay through equal monthly installments, then You hereby authorize RevelXP to process monthly payments on your credit card for the balance of the Package Price payable in equal monthly installments.

If any of Your payments due has not been received by RevelXP within seven (7) days of its due date, RevelXP reserves the right to terminate Your purchase of Your Tailgate Package. If any payment is made by credit card, e-check or ACH, RevelXP may, but shall not be required to, automatically process the payment for any remaining payments of the Package Price due on the payment due dates as set forth in Your invoice and this Section 3(a) at any time on or after the applicable dates, and You hereby authorize Revel to charge Your credit card, e-check or ACH for such payments.

b.Single Game Packages. In order to reserve the Site for a single game, You must pay to RevelXP one hundred percent (100%) of the Package Price immediately. If payment is not made within seven (7) days of the Effective Date of these Terms and Conditions, You may not be able to reserve the Site. If any payment is made by credit card, e-check or ACH, RevelXP may, but shall not be required to, automatically process the payment for any remainder of the Package Price at any time, and You hereby authorizes such charges. If You reserve a Site for a single game Tailgate Package for a football game by paying an initial deposit and agreeing to these Terms and Conditions, You agree to pay the remaining balance for Your reservation to complete your purchase of Your Tailgate Package on or before August 1 prior to the football season for which you have reserved a Site for a single game Tailgate Package.If You do not pay the remaining balance for Your reservation to complete your purchase of Your Tailgate Package prior to August 1, RevelXP may terminate your reservation and you will NOT receive either a refund for the deposit You previously paid or a credit in the amount of the deposit You previously paid.

c.Bundled Game Packages (more than one game, but less than a full season). In order to reserve the Site for a bundled package offering by RevelXP, You must pay to RevelXP one hundred percent (100%) of the Package Price immediately. If payment is not made within seven (7) days of the Effective Date, You may not be able to reserve the Site. If any payment is made by credit card, e-check or ACH, RevelXP may, but shall not be required to, automatically process the payment for any remainder of the Package Price at any time, and You hereby authorizes such charges.

d.Alternative Payment Terms.If and to the extent RevelXP extends You more favorable payment terms (i.e. if You are a department or division of the Property), payment shall be made when expressly due as set forth in Your invoice. In such circumstances, if You fail to make timely payments, RevelXP may in its sole discretion cancel Your purchase of the Tailgate Package or charge you interest at the rate of one and one-half percent (1.5%) per month on any late payments commencing ten (10) days after the payment was due.

a.YOU agree that REVEL XP has no obligation to refund any payment made by YOU to REVEL XP for a TAILGATE package if YOU cancel the purchase of the TAILGATE package or if YOU ARE unable for any reason to be present for the TAILGATE package OR THE EVENT. If the EVENT for which YOU haVE purchased a TAILGATE package is cancelled, YOU may elect to (a) receive a refund of the purchase price of the TAILGATE package or (b) a credit in the amount of the purchase price of the TAILGATE package which must be used in the CURRENT OR immediately following season OR IS SUBJECT TO FORFEITURE. REVEL XP in its sole discretion may deduct REASONABLE expenses incurred prior to the cancellation from the amount of the refund or the credit.If YOU elect to receive a credit, YOU shall be responsible for the payment of any difference between the credit and the purchase price of A TAILGATE package in the following SEASON if the price of A TAILGATE package increases OR YOU SELECT A DIFFERENT TAILGATE PACKAGE.YOU release REVEL XP from any claim for damages arising from a cancelled EVENT or YOUR inability to be present at THE EVENT for which YOUR haVE purchased a TAILGATE package.

b.Cancellation of TailgatePackage by RevelXP. RevelXP reserves the right in its sole discretion to suspend or cancel its Tailgate Packages due to factors that may impact the quality and safety during the provision of the Tailgate Package. If RevelXP suspends or cancels a Tailgate Package the terms of Section 4(a) shall apply.

c.Suspended Play or Cancellation During the Event. If the Event is suspended or cancelled after its commencement, RevelXP will have sole discretion regarding any refund that it may make to You and will take into consideration the amount of the Tailgate Package that RevelXP has provided to You during the Event.

d.Reduced Attendance.If Event operator mandates a reduction in the number of attendees to the Event, RevelXP may cancel Your purchase of the Tailgate Package in its sole discretion and will provide you a full refund of the purchase price of the Tailgate Package.

6.TERM. These Terms and Conditions shall be effective as of the date you agree to and accept these Terms and Conditions (the “Effective Date”) and terminate after the Tailgate Package has been provided and all payments are completed between You and RevelXP. Notwithstanding the foregoing, the Sections which by their nature should survive termination of these Terms and Conditions or the term of these Terms and Conditions shall survive.

7. YOUR OBLIGATIONS AND CONDITIONS OF USE. You acknowledge that Your use of the Site at the Event and your receipt of the Tailgate Package is subject to and conditioned upon the following terms, and You agree that RevelXP may exercise any of the remedies set forth herein for Your failure to comply with the following obligations and conditions:

a. You shall comply with all rules and regulations established by established by the state or local jurisdiction,RevelXP, the Property, the Event, the Facility and any other applicable authority, including but not limited to parking regulations in effect on site, and You will assure that your guests and attendees at your Site are also in compliance. thereof.

b. You shall be permitted to access the Site at the Event at the respective times set forth in the rules or otherwise determined by RevelXP and Facility.

c. You acknowledge all risks related to its attendance and use of the Site, including risk of damage to or loss of property or risk of serious personal injury or death, and accepts sole responsibility for such risks. You shall secure all personal property in and around the Site and shall take all precautions necessary to prevent theft or destruction thereof. You expressly acknowledge and agree that RevelXP shall not be responsible for any personal property of or injury to You at any time. RevelXP will not remove or hold for safe-keeping any personal property left at the Site after event closing and any such personal property will be subject to removal by Facility services. You may be subject to costs and fees associated with such removal.

d.Eligibility for any RevelXP drop off service is determined by RevelXP in its sole discretion and is based on Facility restrictions, staffing availability and other factors. If You are eligible to participate in any RevelXP drop off service, You are responsible for properly packaging all items that will be transported and otherwise agree to comply with procedures established by RevelXP for drop off service, including but not limited to any limitations with regard to the amount and size of items to be transported. RevelXP will not be responsible for any damaged or broken items during unloading, loading and transportation to or from the Site.

e. You shall respect the interests of other fans and clients of RevelXP and at the Event and shall not engage in or permit disorderly or offensive conduct in or around the Site. Should You violate these provisions, RevelXP management will give You a verbal warning. If You fail to promptly come into compliance, RevelXP may immediately revoke Your rights to the Site and in its sole and absolute discretion terminate these Terms and Conditions. Upon such revocation or termination, all amounts paid to RevelXP will be forfeited by You and retained by RevelXP.

f.If and to the extent You purchase or bring alcoholic beverages into the tailgate or hospitality Site (if and as permitted by the state or local jurisdiction, RevelXP, the Property, the Event, or the Facility), You are responsible for assuring that alcoholic beverages in your Site is consumed only by your guests and invitees who are over the legal drinking age and that drinking alcoholic beverages is done responsibly. If and to the extent RevelXP sells or delivers alcoholic beverages to your tailgating or hospitality Site, RevelXP disclaims any responsibility for actions of You and Your guests following the delivery of alcoholic beverages to your tailgating or hospitality Site.You agree that alcoholic beverages are not returnable and are not being purchased for resale

g. You acknowledge and agree that the signage identifying each Site is uniform and provided by RevelXP, who reserves the right to omit any vulgar, offensive or discriminatory content requested by You, in the sole and absolute discretion of RevelXP.

h. RevelXP reserves the right to immediately terminate Your use of the Site and the Tailgate Package and request that You leave the Site and the Event if You violate these Terms and Conditions. In addition, you shall be responsible for payment of all damages incurred by RevelXP as a result of Your failure to comply with these Terms and Conditions or as a result of damages by You of any equipment of RevelXP. To ensure compliance and payment of damages or fines, You agree to keep a credit card on file with RevelXP, and hereby authorize RevelXP to charge said credit card amounts owing as a result of Your breach of these Terms and Conditions; provided that RevelXP delivers to You an itemization of any charges and receipt for payment thereof.

i.You may not use Your Tailgate Package or Your Site for marketing, advertising or display purposes without the prior written consent from RevelXP.

j.RevelXP is under no obligation to supervise the activities in Your Site and does not assume any obligation thereof.

8.DEFAULT AND TERMINATION. Should You fail to pay any sums when due hereunder or fail to comply with or perform any other term, covenant or condition hereof, RevelXP may terminate your purchase of the Tailgate Package and proceed against You for the recovery of all damages incurred by RevelXP as a result of your failure to comply with or perform any other term, covenant or condition hereof or proceed against You for specific performance. Without limiting the foregoing, in the event You fail to timely pay any amounts due hereunder, such amounts shall accrue interest in the amount of one and one-half percent (1.5%) per month (or the maximum amount allowed by law, whichever is lower) from the due date until paid. In addition, You shall reimburse RevelXP for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of RevelXP occasioned by or in connection with any failure to comply with or perform any other term, covenant or condition hereof by You. In the event You fail to comply with or perform any other term, covenant or condition hereof, without limitation of any other rights or remedies, RevelXP shall have the right to terminate your purchase of the Tailgate Package.

9.RELEASE AND INDEMNIFICATION. You hereby release RevelXP and agree to indemnify, defend and hold harmless RevelXP, the Event, the Facility, and the Property (and each of their respective afilliates, emplpoyees and insurers) from and against all suits, actions, damages, liability, losses and expenses in connection with loss of life, body or personal injury or property damage or other damages (and each and all of them) arising from or out of (a) any occurrence in and around the Site or any part thereof, or occasioned wholly or in part by any act or omission of You, or Your invitees and guests;(b) violation of applicable law or rules and regulations; (c) actions of You or your guests, or (d) breach of the provisions of these Terms and Conditions. RevelXP is not responsible for damages (e.g. from collision with other vehicles, falling debris, or inclement weather) to any vehicles parked in or moving through parking or hospitality areas where RevelXP has sold parking passes or provides any hospitality or parking related services.

10.ASSUMPTION OF RISK.You hereby agree that RevelXP, the Event, the Facility, and the Property and any vendors of RevelXP shall not be liable to You or any of Your attendees of the Tailgate Package for any illness or injury (including but not limited to COVID-19 and other known or unknown coronaviruses) befallen on any persons in attendance during the provision of the Tailgate Package or Your or Your attendees attendance at the Event. You and Your attendees expressly assume all risk of and waive any and all claims You may have against RevelXP, the Event, the Facility, and the Property and RevelXP vendors and employees for illness or injury.In addition, You agree that neither You nor any of your invitees will attend the Event if, within fourteen (14) days preceding the Event, either You or Your invitees (a) tested positive or presumptively positive for a communicable disease (including but not limited to COVID-19 and other known or unknown coronaviruses or variants thereof) or was identified as a potential carrier of a communicable disease; (b) experienced any symptoms commonly associated with a communicable disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; and/or (c) was in direct contact with or in the immediate vicinity of any person who is either confirmed or suspected of being infected with a communicable disease within fourteen (14) days preceding such person’s encounter with such person.You further agree that You and Your invitees will submit to any health screening and/or communicable disease testing that may be required as a condition of Your or Your invitees attendance at the Event.

11.ENTIRE AGREEMENT. It is agreed and understood that these Terms and Conditions, together with the Your purchase of a Tailgate Package, sets forth the entire agreement between RevelXP and You regarding the subject matter hereof.In the event any provision of these Terms and Conditions is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.

12.GOVERNING LAW. These Terms and Conditions and the performance thereof shall be governed by the laws of the State of North Carolina, without regard to its conflicts of law principles.

13.ASSIGNMENT; NO RESALE. These Terms and Conditions and the Tailgate Package is personal to You and may not be sold, assigned or transferred without the prior written consent of RevelXP.Any attempt to resell the Tailgate Package or any portion thereof shall void the purchase of the Tailgate Package, and You shall not be entitled to a refund of the purchase price of the Tailgate Package.

14NO WAIVER. RevelXP failure to act upon any default on the part of You shall not be construed as a waiver of RevelXP’ rights hereunder, nor shall any custom or practice that may arise between the parties in the course of dealing be construed to waive or lessen the right of the RevelXP to enforce the terms of these Terms and Conditions.

15.FORCE MAJEURE.RevelXP will not be in breach of these Terms and Conditions and will not be liable for any failure or delay to perform any of its obligations herein or related to the delivery of the Tailgate Package due to an Event of Force Majeure.“Event of Force Majeure” means the occurrence of circumstances beyond the control of RevelXP including, without limitation: (i) blockades, riots, acts of war, acts of terrorism, piracy, destruction of essential equipment by fire, explosion, storm, flood or earthquake; (ii) epidemics, pandemics, health emergencies or similar occurrences; (iii) failures of, shortages in or a loss of access to equipment, power, supplies, fuel or transport facilities; (iv) failure of a third party and (v) any circumstances considered to be an Act of God.

San Diego State | REVELxp

San Diego State | REVELxp