REVEL XP, LLC
Terms & Conditions for Keeneland Meet Tailgate Packages
Effective January 1, 2025
These terms and conditions (the “Terms and Conditions” or “Agreement”) govern the purchase by you
(“You”, “Your” or “Client”) of one or more tailgate packages (each a “Tailgate Package”) from Revel XP,
LLC (“RevelXP”) for the event (the “Event”) and on the date (s) and at the facility, (the “Facility”) and at
the hosting property, Keeneland, Inc., (the “Property”) for the event set forth in your invoice (the “Event”).
By placing an order for and paying for a Tailgate Package, you agree to be bound by the following Terms
and Conditions, the RevelXP Privacy Policy, and the Rules and Regulations governing 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.
1. TAILGATE SERVICES. In consideration of the payments to be made to RevelXP for the Tailgate
Package(s), RevelXP will provide 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”).
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, 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 permitted by
Your Tailgate Package. Tailgate Package capacities are as follows:
Tailgate Package Capacity
Yearling 10 people
Exacta 20 people
Thoroughbred 30 people
Perfecta 50+ people
Triple Crown 100+ people
Capacity for Special Event Packages (“SEPs”) are as follows: Furlong SEP (150-250+) guests,
Middle Distance SEP (250-500+), Across the Board SEP (500-750+) guests.
Should Client violate these provisions, RevelXP will give Client a verbal warning. If Client fails to
promptly come into compliance and/or continues to exceed the stated capacity, RevelXP may charge
a fee, per person over capacity as determined by RevelXP on the credit card used to purchase the
Tailgate Package and/or immediately revoke Client’s rights to use the Site and in its sole and
absolute discretion terminate this Agreement. Upon such revocation or termination, all amounts
paid to RevelXP with be forfeited by Client and retained by RevelXP
.
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2. MEDIA PACKAGE. Your Tailgate Package receiver, power source and/or other equipment to display or stream content (a “Media Package”).
that RevelXP has no control over television broadcasts, wireless
caused by contract disputes or any lack of service due to inclement weather, interruptions or outages
issues resulting from setup or technical matters not covered herein, any refund for services is limited
3. 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
You acknowledge and agree streaming services or applications and shall not be held accountable for any channel “blackouts”
of wireless streaming services or applications, or other availability issues. In the event of service
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.
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”).
4. CANCELLATIONS AND REDUCED ATTENDANCE
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.
Cancellation of Tailgate Package 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
b. 2
5. 6. 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 Race 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.
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.
YOUR OBLIGATIONS AND CONDITIONS OF USE. You acknowledge that Your use of the
Site on the grounds of Keeneland, Inc. 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, guests and attendees at your Site are also in compliance thereof. You are responsible for
conveying all rules and regulations to all attendees and guests at Your tailgate and You assume
all responsibility for actions taken by attendees and guests at Your tailgate.
b. You shall have access to The Hill at 10:00 am local time. The Sites will close at the start of the
and You will assure that your
last race (the “Site Opening”). RevelXP services (including drop-off services) are available at
Site Opening. If You wish to unload items for Your tailgate prior to Site Opening, You may
do so at Your own risk and expense. RevelXP will not be responsible for any items left by You
overnight.
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
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e. f. g. h. i. j. k. 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.
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
.
RevelXP will not provide alcohol to You as part of a catering package or otherwise unless
specific vendors have been approved by the Property and are properly permitted by both the
state and local laws. Common sources of alcohol, including kegs of beer are prohibited within
each Site; provided, however, that alcohol services within the Site may be arranged through
RevelXP, via vendors approved by Property that are properly permitted by both the state and
local laws. The foregoing permissions are subject to the Keeneland, Inc. alcohol policy, which
may be amended from time to time at the sole discretion of Keeneland, Inc.
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
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
.
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
. To ensure compliance and payment of damages
damages by You of any equipment of RevelXP
RevelXP to
or fines, You agree to keep a credit card on file with RevelXP, and hereby authorize 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.
You may not use Your Tailgate Package or Your Site for marketing, advertising or display
purposes without the prior written consent from RevelXP
.
RevelXP is under no obligation to supervise the activities in Your Site and does not assume any
obligation thereof.
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l. All supplemental items, media packages, and catering orders must be received (48) hours prior
to race day. All supplemental items are subject to availability and are issued on a first come
first serve basis.
m. Items otherwise not provided as part of the Tailgate Package (e.g. televisions, satellites,
generators, sound equipment, cooking equipment, etc.), will not exceed the allocated space for
each Site. Any such items may not be affixed to or placed on a tent. You may not install or
otherwise utilize any tent within the allocated space or any adjoining space that is not ordered
through and installed by RevelXP
.
n. Tents and media package equipment should only be moved or relocated by a RevelXP staff
member. Media package is comprised of a 43” television, and power source (a “Media
Package”).
o. All generators used within the area of RevelXP operation are to be Honda 2000i quiet generators
or an approved equal. Please contact RevelXP if you plan to use a generator that is not the
aforementioned product. RevelXP will review all requests and provide approval if the generator
meets the required specifications.
p. Power sources reserved with a Media Package may not be for the sole use of one client,
and RevelXP reserves the right to distribute power from generators to multiple sources.
q. Any items that contain heating elements including but not limited to, crockpots, griddles, coffee
makers, electric grills, heaters, hotplates, popcorn machines, cotton candy machines, toasters,
and any others not mentioned, will not be powered by any RevelXP generator. Failure to comply
may result in suspension of the aforementioned media package and a fine up to the amount of
the generator value. ($350.00).
r. s. Open flames of any type are not permitted on Keeneland grounds and at the RevelXP site.
Live music, disc jockeys and excessive amplified sound are not permitted within the Site,
without RevelXP approval, in advance of race day.
t. Banners and signage recognizing businesses, political candidates, or any other form of
solicitation on the Site our surrounding areas are prohibited. Signage produced by RevelXP
identifying each tent will be permitted at the entrance of each tent.
u. Helium filled balloons are strictly prohibited on The Hill grounds due to FAA regulations
restricting the airspace above Keeneland.
v. Use of any Property utilities is prohibited.
w. Non-Property golf carts, all-terrain vehicles, mopeds, scooters, ATVs, go karts and other
vehicles are not allowed on Site.
Keeneland, Inc. reserves the right to implement additional rules and regulation in its sole
discretion regarding the use of the Site and surrounding areas as the need arises.
RevelXP reserves the right to take photographs or video of all customers and their guests during
events and to use for various purposes, including, but not limited to public relations, marketing,
etc. You hereby waive any right to inspect or approve the finished photography/video,
advertising copy, or printed matter.
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7. 8. 9. z. You shall maintain Your Site in an orderly manner throughout the entirety of the Event. Should
You violate this provision, RevelXP may give You a verbal warning. If You fail to come into
compliance within (15) minutes after a verbal warning, RevelXP, in its sole discretion, may take
one or more of the following actions: 1) assess You a fine of up to $150 per Yearling or Exacta
Packages, $350 per Thoroughbred Package, $500 per Perfecta Package, and $1,000 per Triple
Crown package and/or immediately revoke Your rights to the Site and in its sole discretion
terminate this Agreement. Additionally, failure by You to return the Site to its initial neat and
orderly condition at the end of Event may also result in a fine according to the same schedule.
Additional fines may be levied to in relation to any broken/stolen items from the Site.
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.
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 affiliates, employees 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.
ASSUMPTION OF RISK. You hereby agree that Keeneland, Inc., 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
Keeneland, Inc., 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
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10. 11. 12. 13. 14. 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.
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.
GOVERNING LAW AND VENUE. These Terms and Conditions and the performance thereof
shall be governed by the laws of the State of Kentucky, without regard to its conflicts of law principles.
Venue for any disputes arising out of or in connection with these Terms and Conditions shall be the
state and federal courts of Fayette County, Kentucky. You hereby irrevocably submit to the jurisdiction
of such courts.
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.
NO WAIVER. 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.
FORCE MAJEURE. 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. 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.