Terms & Conditions for Keeneland Meet Tailgate Packages

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

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:

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

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

the amount for the Tailgate Package purchased by You as listed on the invoice/order detail for the

Tailgate Package (the “Package Price”).

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

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

5. 6. during the provision of the Tailgate Package. If RevelXP suspends or cancels a Tailgate Package

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

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

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