In order for the purchaser and/or holder (hereinafter referred to as you “You” or “Your”) of a valid wristband or ticket (“Ticket”) to enter the event (the “Event”), You must possess a valid Ticket that permits access to the Event and check in at marked locations during specified time periods.
ARTICLE 1: YOUR TICKET
For safety reasons, Company reserves the right to, without any prior notice or compensation to You: postpone, cancel, interrupt or stop the Event; provisionally keep visitors on the Event site at the end of the Event; totally or partially vacate the Event site; and deny access to the Event site regardless of the possession of a valid Ticket.
Subject to the limitations of this Agreement, the Company reserves the right to change, modify, or alter any aspect of the Event (including, without limitation, the appearance of any performer or artist, and/or the order of performance of any performer or artist), at any time, for any reason whatsoever, without any prior notice or compensation to You.
You understand that the artists and/or lineup for the Event may be changed and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your Ticket. You understand, acknowledge, and agree that the names of any artist, act or performer contained in any Event promotional material is intended for informational purposes only, and does not, in any way, represent the importance or headline status of any single artist, act or performer, and is subject to change without prior notice.
EXCEPT AS EXPLICITLY OTHERWISE PROVIDED HEREIN, YOU UNCONDITIONALLY UNDERSTAND THAT ALL TICKET SALES ARE FINAL. THERE WILL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. THE EVENT IS A RAIN OR SHINE EVENT.
If the Event is cancelled in whole, or in part, due to a Force Majeure Event (as defined below), You will not be entitled to a refund. Notwithstanding the foregoing, the Company may issue, at the Company’s sole and absolute discretion, a partial or full refund of Your Ticket, by accounting for, among other considerations, the extent and nature of the cancellation. A “Force Majeure Event” shall mean an act of God, force of nature, accident, war or warlike activity, terrorism or threat of terrorism (or security measures related thereto), insurrection or civil commotion, strike or other labor dispute, transportation delay, pandemic, quarantine, state of emergency, communicable disease, governmental regulatory action (whether or not with proper authority) or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of Company. You understand that in all instances, the maximum remedy You may receive for any cancellation of any part of the Event, if any, will be the face value of Your Ticket, excluding all fees, taxes and/or service charges paid by You in connection with the purchase of Your Ticket.
By entering the Event, You assume any and all risk and/or danger, known and unknown, foreseeable and unforeseeable, resulting from, or incidental to, the Event, whether occurring prior to, during, or subsequent to, the Event, including, but not limited to, any death, illness, personal injury or loss, damage or liability whatsoever. You understand that Your use of Your Ticket is contingent upon Your voluntary assumption of the risk and danger that may result from, or be incidental to, Your presence at the Event, whether occurring prior to, during or after the Event, including, but not limited to, any actions or omissions of the Company Parties (as defined herein). You acknowledge that you are entering the Event where a high volume of people trafficis present, where it is incumbent you use your best judgment with regard to public health. We encourage you to wear a mask, wash your hands and do your best to distance yourself if you feel you are at risk.
You acknowledge and understand that the Ticket is a revocable license to attend the Event for which it was issued, which is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by You in violation of any local, state or federal law, or that may endanger other ticketholders.
ARTICLE 2: TICKET AND PROOF OF AGE REQUIRED
In order to enter into the Event, You must have Your own valid Ticket. One (1) Ticket is required per attendee and will only be valid on the day(s) of the Event and area(s) of the Event as indicated on the Ticket.
Your Ticket is not redeemable for cash. There will be no replacements for Tickets that are lost, stolen, destroyed or damaged and You unconditionally accept the risk of damage to, loss of and/or theft of Your Ticket. Your Ticket is intended for You only. In no instance shall You share Your Ticket with any person(s) attending or attempting to attend the Event. If You are discovered to be sharing Your Ticket with another person(s), Company reserves the right, in its sole discretion, not to grant You access to the Event or eject You from the Event.
To ensure that Your Ticket is valid, obtain and otherwise purchase Your Tickets from WRSTBND or any other Company-authorized sale channels listed on the official Company website, located at https://www.essence.com/. Tickets from unauthorized sales channels (e.g., scalpers) may be forged. In no event will forged tickets be honored or eligible for a refund. Your purchases are subject to the WRSTBND terms and conditions.
If You have any questions or concerns regarding ticketing for the Event, including but not limited to, payment plans, please contact WRSTBND customer support.
You must submit Your Ticket for validation upon entry into the Event.
Entry into certain aspects of the Event is limited to persons that meet the minimum age requirements on or before the day of the Event. To enter the ESSENCE Food & Wine Festival, you must be at least twenty-one (21) years of age or older.
You must have one of the following forms of approved identification to enter age-restricted portions of the Event that demonstrate proof of age. No exceptions will be made, even if You are accompanied by an adult or a person with valid identification. Failure to provide valid identification shall preclude You from entering the Event and You shall not be entitled to any refund nor will You be entitled to, or will the Company be liable for, any other damages, including, but not limited to, incidental and/or consequential damages. In addition, during the Event, You must be able to provide valid identification if requested by a member of security or crew. If You are not able to show a valid identification, You may be promptly ejected from the Event without the opportunity to return, and You shall not receive a refund of Your Ticket.
The following original forms of identification are ACCEPTABLE:
Driver’s License (U.S. or Canada);
Military Identification Card with Photo; or
Government-Issued Identification Card with Photo.
The following forms of identification are UNACCEPTABLE:
Expired Identification Card;
School Identification Card;
License/Identification Card issued in countries other than the U.S. or Canada;
Social Security Card;
Federal Immigration Card;
Voter Registration Card; and
Copies of any acceptable forms of identification.
ARTICLE 3: SECURITY CHECK
Access to the Event site is PROHIBITED and refused to, but not limited to, people who:
• Are under the influence of illegal drugs or any other illegal substances;
• Are clearly suffering from alcohol intoxication which, in Event’s staff’s sole discretion, has caused You to be in an impaired state;
• Have been previously banned from Event’s and/or other events by the organizer, the administration or legal authorities;
• Are demonstrating an intent to disturb the peace or to provoke someone else to do so;
• Engage in fighting or disruptive behavior;
• Use foul language;
• Wear clothing with obscene or indecent language;
• Resist the direction of and search by the Event security guards and security services;
• Refuse to declare and forfeits objects that are prohibited, as set forth herein;
• Distribute flyers or posters on or near the Event site; and
• Act in violation of the provisions of one or more articles of these regulations or in the spirit thereof.
Please note all ticket holders may be searched upon entering the Event site. Security guards will inspect all objects brought onto the Event site including, but not limited to, clothing, luggage and other personal items in order to detect objects that may disrupt the course of the Event, jeopardize the safety of other ticketholders, or disturb the peace. Security guards may search any persons and property on the Event site at any time, including, but not limited to, storage lockers, and confiscate any prohibited items, in their sole discretion. Given the volume of attendees, it is not guaranteed that these objects will be returned to You. For that reason, please read Article 4 carefully.
ARTICLE 4: FORBIDDEN OBJECTS
PROHIBITED ITEMS FOR THE EVENT:
NO GLASS OF ANY KIND
NO WEAPONS OF ANY KIND (REGARDLESS OF PERMIT)
NO PAINT OF ANY KIND (INCLUDING PAINT MARKERS AND SPRAY PAINT)
NO ILLEGAL SUBSTANCES
NO DRUGS OR DRUG PARAPHERNALIA
NO LARGE CHAINS
NO LASER POINTERS
NO FLAGS OR TOTEMS WITH METAL OR WOOD PIECES
NO LARGE UMBRELLAS
NO UNSEALED TAMPONS
NO STUFFED ANIMALS/DOLLS
NO UNSEALED OVER THE COUNTER MEDICATIONS/VITAMINS (PRESCRIPTION DRUGS IN NON-APPROVED CONTAINERS MUST BE TURNED OVER TO MEDICAL)
NO VENDING WITHOUT PERMIT
NO BICYCLES, SCOOTERS, GO CARTS, OR ATVS
NO PETS – UNLESS it is a service animal, and You are a person with disabilities, or service animals in-training and have appropriate apparel and have on Your person credentials from an accredited school for which the dog is being raised. Please e-mail Your questions regarding service animals to the Company at firstname.lastname@example.org or visit the official Company website for details at https://www.essence.com/.
NO OUTSIDE FOOD OR DRINKS
NO OPEN CONTAINERS
NO MULTI POCKET BACKPACKS LARGER THAN 24’’ X 12’’ (CINCH PACKS ARE PERMITTED)
NO LARGE BACKPACKSNO LUGGAGE
NO PUSH CARTS
NO SPORTS EQUIPMENT (INCLUDING FRISBEES)
NO TENTS OR CAMPING GEAR
NO SOAP, SHAMPOO, CONDITIONER OR OTHER DETERGENTS
NO FLAMMABLE PRODUCTS
NO AEROSOL CANS
NO CAMERA TRIPODS
NO PROJECTILES OR EXPLOSIVES
NO KNIVES OR SHARP OBJECTS
NO OPEN FIRES
NO WATER GUNS OR MISTERS
NO FLYERS, STICKERS, POSTERS
NO GRILLS OF ANY KIND (INCLUDING PROPANE AND CHARCOAL)
NO GAS MASKS OR TACTICAL GEAR
NO AEROSOL CANS (INCLUDING DEODORANT AND PERFUME)
NO CHINESE LANTERNS
NO DRONES OR UNMANNED AERIAL VEHICLES
Any other items deemed as posing a threat to the safe enjoyment of the patrons.
If You bring any of the items on the above prohibited items list into the Event, such items will be confiscated and discarded and You will be subject to removal from the Event based on the sole discretion of Company. Under no circumstances will Company hold any prohibited items for You.
PLEASE RESPECT YOUR BODY AND MIND. ALL PERSONS AND PROPERTY ARE SUBJECT TO SEARCH AND MAY BE REQUIRED TO TAKE OFF YOUR SHOES DURING SEARCH. COMPANY HAS A ZERO TOLERANCE FOR ILLEGAL ACTIVITIES. THE USE OF ILLEGAL DRUGS AND UNDERAGE DRINKING IS NOT PERMITTED. ANYONE FOUND WITH ILLEGAL DRUGS WILL BE SUBJECT TO REMOVAL FROM THE EVENT AND WILL NOT BE ALLOWED BACK IN.
ARTICLE 5: CONDUCT AT THE EVENT
At the Event, it is forbidden to:
• Try to access or be in sections restricted to certain ticketholders unless in accordance with Your Ticket or credentials, such as production rooms, artists’ lodges, VIP zones, press rooms, offices, backstage and working areas;
• Climb tents, constructions, fences, closures, lighting columns, tables, benches or any other infrastructure of the Event site;
• Obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting the Event site;
• Wear a disguise or obstruct Your face to avoid being recognized;
• Display or make texts, symbols, images, gestures, wear clothing or articles of dress which, in the sole discretion of Event staff or security personnel, contain and/or display language and/or images which are obscene, racist, xenophobic, provocative, hate speech or discriminatory;
• Be under the influence of illegal drugs or any other illegal substances;
• Be clearly suffering from alcohol intoxication that, in Events staff’s sole discretion, has caused You to be in an impaired state;
• Disturb the peace, demonstrate an intent to disturb the peace or provoke someone else to do so, or compromise the safety of the general public;
• Sell drinks, food, or any other product without the express consent of the Company;
• Throw or shoot any object or liquid, or throw or shoot any other product in loose or gaseous form;
• Smoke in the non-smoking areas;
• Urinate in public;
• Re-enter the Event after being removed or banned from the Event, even if You are in possession of a new Ticket (such Ticket will not be refunded);
• Deface, mark, damage, tear down or otherwise destroy, in whole or in part, any of the decorations, infrastructure or part of the Event site;
• Litter or fail to maintain the cleanliness of the Event site;
• Resist the direction of, and search by, security personnel;
• Refuse to declare and forfeit objects that are considered to be dangerous or off-limits by the Event’s security personnel – security personnel are under no obligation to return such forfeited items; and
• Act in violation of the provisions of one (1) or more articles of these regulations or the spirit thereof.
You must heed the directions of Event organizers and security personnel at all times whilst on the Event site. If You fail to comply with such directions, You will be removed from the Event site, and, if necessary, Event staff may call on the police for assistance.
ARTICLE 6: RE-ENTRY
Ticketholders that exit the Event will have to purchase a new Ticket to re-enter the Event the same day.
If You are removed from the Event, Your ticket shall not be refunded and You will be denied re-entry, even if You are in possession of a new Ticket. If You have a new Ticket, Event staff may seize that Ticket and You shall not receive a refund.
ARTICLE 7: UNAUTHORIZED SALE OR USE OF TICKET
Anyone caught forging entry tickets or any other special admission tickets in order to access or sell such tickets to the Event will be prosecuted without exception. Counterfeit tickets will not be honored or refunded by the Company and Your purchase of such ticket(s) is not binding on the Company whatsoever.
Anyone caught tampering with or sharing their Ticket will be immediately ejected and banned from the Event.
Tickets may not be resold without prior explicit permission from the Company. Tickets which appear to have been resold without permission from the Company will not be honored or subject to a refund.
The resale, attempted resale, or purchase of Your Ticket at a price higher than the official purchase price from the authorized ticket agent WRSTBND, or other Company-authorized sale channels, is grounds for seizure and cancellation of Your Ticket without compensation. The only valid tickets are those purchased and/or redeemed through WRSTBND or other Company-authorized sale channels listed on the official Company website.
Tickets may not be used in association with any giveaway, sweepstakes, contest or similar activities, including, but not limited to, as a prize or incentive, without the Company’s prior written consent. Any Ticket so used will automatically become void at the Company’s sole discretion with no refund to You and/or the ticketholder.
ARTICLE 8: RECORDINGS
By attending the Event, You understand, agree and acknowledge that (i) You may be photographed and filmed, and (ii) You hereby provide the Company with Your absolute, express consent to be photographed and filmed. You further understand and agree that these images and/or recordings can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for archival, promotional, and/or commercial purposes, in any manner, and in any media, now known or hereafter discovered, without any compensation to You. Your name, image and/or Your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio, visual, or audio-visual recording, photograph, or other reproduction or other publication of the Event (the “Footage”) and may also be used by or on behalf of the Company or any of the Company’s parent entities, subsidiaries, affiliates, partners, sponsors, officers, shareholders, successors or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in and to the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may be used as a means toidentify and facilitate the prosecution of illegal or impermissible conduct.
At the Event, there will be camera surveillance for the purpose of ensuring the safety and proper operation of the Event. The Footage may be registered or stored by the Company or governmental authorities for the purpose of ensuring the security and safety of Event attendees and the enforcement of and compliance with the safety regulations on the Event site.
Any recordings made by ticketholders on or near the Event site may not be used for commercial or public purposes, unless consented to by the Company (including, without limitation, having ads run on or beside such videos on YouTube and other video sharing websites). Non-professional grade small video cameras and cameras are allowed at the Event site.
ARTICLE 9: MERCHANDISE
Official T-shirts and other Event souvenirs are only on sale within the Event site. Unless you have received written permission from Company, You may not sell any items at the Event. Unauthorized sale of goods at the Event may result in your removal from the Event.
ARTICLE 10: PARKING
The Company disclaims all responsibility from losses or damages to vehicles parked on or near the Event. The Company is not responsible for losses or damage to any vehicle towed from the Event site.
ARTICLE 11: REFUSE
You must maintain the cleanliness of the Event site and dispose of refuse properly. The collecting points for garbage and recycling on the Event site will be clearly indicated. The bathroom facilities at the Event are free of charge. It is forbidden to use any other location as a bathroom facility.
ARTICLE 12: ZERO TOLERANCE DRUGS POLICY
The Company has a zero tolerance policy regarding illegal drugs. It is forbidden on the Event site to: (i) use, distribute, sell and/or to be in possession of illegal drugs; and (ii) distribute, sell or improperly use prescription or over-the-counter drugs. You understand and agree that Your use of the Ticket is contingent upon Your unconditional and voluntary acceptance to be searched for the presence of drugs, weapons, objects that may disrupt the peace or jeopardize the safety of other ticketholders, and/or other prohibited items prior to Your admission to the Event site, and/or at any time thereafter. If any of these items are found, this license for admission shall be immediately revoked, such items will be seized by security personnel and forfeited by You, or You will be immediately removed from the Event. Notwithstanding the foregoing, You are permitted to bring into the Event prescription drugs if You have a valid prescription with Your name clearly listed on the prescription. You will only be allowed to carry the dosage of medication required for the duration of the Event.
If You are in violation of this rule, You will be immediately ejected from the Event site. The Event staff will closely monitor any potential illegal or prohibited drug activity, relying in part on security cameras placed throughout the Event site.
Company may choose to, but shall not be required to, offer amnesty bins at the Event.
By entering the Event site, You consent to be searched by Event staff. If You refuse to submit to a search by Event staff, You will be denied entry to, or ejected from, the Event site.
ARTICLE 13: ADDITIONAL AMENITIES
Some open-air stages are fitted with large screens enabling anybody who is standing further away to enjoy the Event.
ARTICLE 14: ADA ACCOMMODATIONS
If You would like additional information about available ADA accommodations, please e-mail the Company at email@example.com or visit the official Company website for details at https://www.essence.com/.
ARTICLE 15: EVENT SAFETY
Due to weather or other conditions, the floors and/or Event grounds may in whole, or in part, slippery.
ARTICLE 16: MEDICAL CARE
You hereby consent to medical care and transportation in order to obtain treatment in the Event of injury as Event staff, security, police or medical professionals may deem appropriate in their reasonable discretion. You understand this waiver extends to any liability that arises out of, or is in any way connected with, the medical treatment and transportation provided in the event of an emergency and/or injury.
You hereby agree to release and hold harmless the Company Parties from any liability arising out of or in connection with the actions or omissions of the Company Parties related to Your medical care.
You recognize and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated. By entering the Event site, You voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that may sustain as a result of attendance at the Event or while on the premises, except to the extent caused by the gross negligence or willful misconduct of the Company Parties.
ARTICLE 17: INDEMNIFICATION
You hereby indemnify and hold harmless ESSENCE FESTIVALS PRODUCTIONS, LLC, ESSENCE COMMUNICATIONS, INC., ESSENCE VENTURES, LLC, ESSENCE STUDIOS, LLC, their related companies, and each of their respective representatives, officers, directors, owners, members, trustees, agents, attorneys, employees, successors and assigns, WRSTBND, and any other designated ticketing agent, Event sponsors/promoters, and the performing artists, including, but not limited to, their respective management, their agents, their staff and their designees (collectively, the “Company Parties”) harmless from any loss, liability, damage or cost in any way arising out of, or related to, Your actions and omissions at, around, or while traveling to and from, the Event.
You hereby waive, discharge, hold harmless and covenant not to sue the Company Parties from any and all liability arising out of, or in connection with, the Event, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of, or related to, the Event, Your attendance at the Event, or Your travel to and from the Event, except to the extent caused by the gross negligence or willful misconduct of the Company Parties.
IN NO EVENT WILL THE COMPANY PARTIES OR THEIR SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, OR IN CONNECTION WITH, THE EVENT OR ANY PRODUCT OR SERVICE PURCHASED AT THE EVENT, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER ATTENDEE OF THE EVENT TO CONFORM TO THESE RULES, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT THE EVENT, (c) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (d) ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OF EVENT STAFF OR SECURITY TO HONOR YOUR TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE EVENT IS TO LEAVE THE EVENT. THE LIMITATIONS IN THIS ARTICLE 17 SECTION 3 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE BY YOU.
ARTICLE 18: MISCELLANEOUS PROVISIONS
In no event shall the Company Parties be liable for any claim unless written notice is given within six (6) months from the date of the loss. No suit for any cause may be maintained against the Company Parties unless it is commenced within one (1) year after the Event. The parties hereto specifically consent to personal jurisdiction of said courts.
These terms shall be governed by and construed under the laws of the State of New York. Any controversy or claim arising out of or relating to these terms shall be brought only in the courts located in New York County in the State of New York, unless otherwise specified.
You understand that the Company Parties and all other related parties, including, but not limited to, each of the Company Parties and the related parties’ management, employees, and agents, will not be held responsible, financially or otherwise, for any items that are left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere at the Event site regardless of fault or reason, so act accordingly. Any and all losses incurred by You under this Article 18, Section 3 shall be subject to Article 17, Section 1 above. The Company recommends that You do not bring any valuables to the Event.
You unconditionally agree that the terms and conditions contained herein and/or referenced herein represent the entire Agreement between You and the Company with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter which contradict these terms, including, but not limited to, the text contained on the back of the actual Ticket and/or any contrary understanding or agreements between You and the Company. You further confirm that there are no other agreements between You and any of the other Company Parties. You unconditionally agree to be bound by any and all of the terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof, which may be made from time to time without prior notice to You. Any updates to these terms and conditions will be posted to this website address.
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible so as to effect the intent of the parties hereto, and the other provisions contained herein will remain in full force and effect. Company’s failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.