Terms of Service

1. Agreement to Terms

By accessing or using the Red White & Boom website, mobile application, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Services. These Terms constitute a legally binding agreement between you and PierClub Inc. ("Red White & Boom," "we," "us," or "our"). We reserve the right to update these Terms at any time, and your continued use of the Services after such changes constitutes acceptance of the revised Terms.

2. Eligibility — All Ages Welcome

Red White & Boom is an all-ages event. Attendees of all ages are welcome to attend. To purchase tickets or create an account, you must be at least 18 years of age or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract. Attendees under 18 years of age must be accompanied by a parent or legal guardian. Attendees under 13 years of age must be accompanied by an adult at all times. Valid, government-issued photo identification is required at the door for every attendee 18 years of age and older. If an attendee under 18 cannot present matching identification or is not accompanied by a properly identified parent or guardian, admission may be refused and no refund will be issued.

3. Account Registration

To purchase tickets, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials, including your security PIN, and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. Red White & Boom is not liable for any loss or damage arising from your failure to safeguard your account information.

4. Ticket Purchases

All ticket sales are final. When you submit an order, you are making an offer to purchase tickets subject to these Terms and any event-specific conditions. We reserve the right to refuse or cancel any order for any reason, including but not limited to suspected fraud, error in pricing or inventory, or violation of these Terms. Ticket availability and prices are subject to change without notice until your order is confirmed.

Each ticket admits one person to the specified event on the date, time, and at the venue listed on the ticket and order confirmation. Tickets are non-transferable to a different event, date, or venue unless expressly permitted by the event organizer. You may not resell, transfer, or distribute tickets for commercial gain without our express written permission. We reserve the right to cancel tickets that have been resold or transferred in violation of this policy.

5. Pricing and Fees

All ticket prices are displayed in U.S. dollars and do not include applicable taxes, processing fees, or service charges unless otherwise stated. You are responsible for paying all fees and taxes associated with your purchase. Prices are subject to change at any time prior to completion of your order. In the event of a pricing error, we reserve the right to cancel your order and provide a full refund.

6. Payment

By providing payment information, you represent that you are authorized to use the designated payment method. You authorize us to charge your payment method for the total amount of your order, including all applicable fees and taxes. If your payment cannot be processed, your order may be cancelled. You agree not to use stolen or fraudulent payment information. We cooperate with law enforcement and will report fraudulent activity to the appropriate authorities.

7. Order Confirmation and Ticket Delivery

Upon successful completion of your purchase, you will receive an order confirmation via email. Your tickets will be delivered electronically to the email address provided at checkout. It is your responsibility to ensure that your email address is accurate and that you can receive emails from Red White & Boom. We are not responsible for tickets that are not received due to an incorrect email address, spam filters, or other issues within your control.

If you lose your confirmation email or tickets, you may recover them using our "Find My Tickets" feature at /find-tickets. You will need the email address used at checkout and the security PIN you created. We are not responsible for tickets that cannot be recovered due to a forgotten PIN.

8. Event Changes, Postponements, and Cancellations

Events are subject to change, postponement, or cancellation at the discretion of the event organizer. In the event of a postponement, your tickets will typically be valid for the rescheduled date. If an event is cancelled, you will be refunded the ticket price to the original payment method within 14 business days, unless otherwise stated. Service fees, processing fees, and delivery fees are non-refundable unless required by law.

Red White & Boom is not responsible for event changes, postponements, or cancellations made by the event organizer. Our liability is limited to refunding the ticket price as described above. We are not responsible for any additional costs you may incur, such as travel, accommodation, or other expenses.

9. Refund Policy

All sales are final. Refunds are only issued in the following circumstances: (a) the event is cancelled by the organizer and not rescheduled; (b) the event is rescheduled and you are unable to attend the new date; or (c) required by applicable law. Refund requests must be submitted within 30 days of the cancellation or postponement announcement. Refunds will be processed to the original payment method. We do not offer exchanges for different events, dates, or ticket tiers.

10. Age Policy and Identification

Red White & Boom is an all-ages event open to guests of all ages. All attendees must present valid, government-issued photo identification for entry if 18 or older — acceptable forms include an unexpired driver's license, passport, military ID, or state-issued ID card. Photocopies, photos of IDs, and expired IDs will not be accepted. Minors under 18 must be accompanied by a parent or legal guardian who can present valid ID. Attendees under 13 must be accompanied by an adult at all times. Alcohol service, where available, is strictly limited to attendees 21 years of age or older with valid ID; venue staff reserve the absolute right to refuse alcohol service to anyone unable to present valid identification, who appears intoxicated, or whom staff believes in good faith to be under 21. No refund will be issued if entry is refused due to failure to meet these requirements.

11. Entry and Conduct

Red White & Boom reserves the right to refuse entry or remove any attendee from the event for any reason, including but not limited to: disorderly conduct, intoxication, possession of prohibited items, failure to comply with venue rules, or behavior that endangers staff, vendors, performers, or other guests. Prohibited items may include weapons, illegal substances, outside food or beverages, professional camera equipment, and drones. A complete list of prohibited items will be provided prior to the event.

Attendees must comply with all venue rules, security screening procedures, and instructions from event staff. By attending, you consent to security screening, including bag checks and metal detector screening. No refund will be issued if you are refused entry or removed from the event for violation of these rules.

12. Photography and Video

By attending an Red White & Boom event, you consent to being photographed, filmed, or otherwise recorded. Red White & Boom and its designees may use such images and recordings for promotional, marketing, advertising, and commercial purposes in any media, worldwide, in perpetuity, without compensation to you. If you do not wish to be photographed, please avoid areas designated for media coverage.

13. Intellectual Property

All content on the Services, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and the overall design and layout, is the property of Red White & Boom or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content without our express written permission.

The Red White & Boom name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Red White & Boom or its affiliates. You must not use such marks without our prior written consent.

14. Prohibited Activities

You agree not to engage in any of the following prohibited activities: (a) using the Services for any illegal purpose; (b) attempting to gain unauthorized access to any portion of the Services; (c) using automated systems, bots, or scripts to purchase tickets or scrape content; (d) interfering with or disrupting the integrity or performance of the Services; (e) forging headers or manipulating identifiers to disguise the origin of any content; (f) harassing, abusing, or harming another person; (g) impersonating any person or entity; (h) reselling tickets without authorization. Violation of these prohibitions may result in termination of your account, cancellation of your tickets without refund, and legal action.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PIERCLUB DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PIERCLUB AND EMERALD ISLE GOLF COURSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ATTENDANCE AT AN EVENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC TICKETS OR SERVICES GIVING RISE TO THE LIABILITY.

17. Assumption of Risk, Waiver, and Release of Liability

PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

You acknowledge that attendance at an Red White & Boom event is voluntary and that participation involves known and unknown risks, dangers, and hazards, including but not limited to: consumption of food and alcoholic beverages (including allergens, foodborne illness, intoxication, and effects of alcohol); slips, trips, falls, and other physical injuries; contact with other attendees; exposure to weather, heat, sun, noise, lighting, smoke, or pyrotechnics; communicable diseases, viruses, and illnesses (including but not limited to COVID-19 and other contagious conditions); theft, loss, or damage to personal property; acts or omissions of other attendees, vendors, performers, or third parties; and travel to and from the venue. You voluntarily and knowingly assume full responsibility for all such risks, whether foreseeable or not, and whether caused in whole or in part by the negligence of the Released Parties (defined below).

Released Parties.

"Released Parties" means, collectively: PierClub Inc. and Emerald Isle Golf Course.

Release and Waiver.

To the fullest extent permitted by law, you, on behalf of yourself and your heirs, executors, administrators, personal representatives, family members, and assigns, hereby fully and forever RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from any and all claims, demands, suits, actions, causes of action, liabilities, losses, damages, costs, and expenses of any kind whatsoever (including bodily injury, illness, death, emotional distress, property damage, and economic loss), whether known or unknown, foreseen or unforeseen, arising out of or in any way connected with your purchase of tickets, attendance at, or participation in any Red White & Boom event, including any claim caused in whole or in part by the negligence of any Released Party. You expressly waive the protections of California Civil Code §1542 and any similar law of any jurisdiction, 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."

Indemnification.

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your attendance at or conduct during any event; (c) any injury, illness, death, or property damage caused by you or any guest in your party; (d) your violation of these Terms, venue rules, or any applicable law; (e) your infringement of any intellectual property or other right of any person or entity; or (f) any dispute between you and any other attendee, vendor, or third party.

This Section 17 survives termination of these Terms and your attendance at any event and is intended to be as broad and inclusive as permitted by California law. If any portion is held invalid, the remainder shall continue in full force and effect.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in San Diego County, California. You hereby consent to the personal jurisdiction and venue of such courts.

Before filing any claim against Red White & Boom, you agree to first contact us and attempt to resolve the dispute informally. If we are unable to resolve the dispute within 30 days, either party may pursue formal legal remedies as provided herein.

19. Force Majeure

Red White & Boom shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20. Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, text messages, and push notifications. These communications may include order confirmations, event updates, marketing materials, and other notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Red White & Boom regarding your use of the Services and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

23. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Red White & Boom.

24. Assignment

We may assign or transfer these Terms, in whole or in part, to any person or entity at any time with or without notice to you. You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be void.

25. Contact Information

If you have any questions about these Terms, please contact us at:

PierClub Inc.
Oceanside, CA
Email: pierclubpresents@gmail.com