Copyright

Permitted Uses and Restrictions on Use

The content and material on this website is intended to be used for informational, entertainment, registration and/or shopping purposes. You are authorized to view, copy, download and print any content for personal use only. No content may be used for any commercial purposes. The trademarks, logos and service marks (“Marks”) displayed on this website are the registered and unregistered trademarks of Silver Wrapper Inc (“SW”), its sponsors, licensors or others and may not be used in connection with any product or service that is not offered by SW, in any manner that is likely to cause confusion with customers or in any manner that disparages SW. Misuse of the Marks is prohibited and nothing contained on this website should be construed as granting any license or right to use the Marks without the express written permission of SW or the third party owner of such Mark.

Privacy Policy

This website belongs to Silver Wrapper, Inc. The primary purpose of our web site is providing information regarding Silver Wrapper events, not to gather personal information. We do, however, gather some information that is described below. The information we collect is used to improve the content of our Web page, to notify consumers about updates to our Web site, and to contact consumers for marketing purposes.

INFORMATION GATHERED

For each visitor to our Web page, we aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, and information volunteered by the consumer, such as survey information and/or site registrations.

COOKIES

A cookie is a small text file that is created in the visitors’ computer’s hard drive that gives that user a unique, random ID. This cookie does not in anyway identify you or give access to your computer.  This random ID enables the website to readily recognize each visitor on a subsequent visit to the site. Almost all websites utilize cookies to one extent or another.

Silver Wrapper uses its cookies for two purposes, the first is Remarketing. Remarketing is used to advertise on third party websites to previous visitors to our site.  A visitor receives a cookie from Silver Wrapper when they visit  so we may use Remarketing to serve ads to previous visitors as they visit third party websites.

The second way Silver Wrapper uses cookies is Google Analytics.

Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it.

Like many services, Google Analytics uses cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page.

HOW TO OPT-OUT OF COOKIES

You can opt out of Google’s use of cookies by visiting Google’s Ad Settings.

You can opt-out of receiving targeted ads served from AdRoll by clicking here. 

SECURITY

When we transfer and receive certain types of sensitive information such as financial information for ticketing purchased, we redirect visitors to a secure site for the transfer of data. We have appropriate security measures in place to protect against the loss, misuse or alteration of information that we have collected from you at our site.

Terms & Conditions

ARTICLE 1: YOUR TICKET

1. PLEASE BE ADVISED that the purchase and/or use of a wristband or ticket to, and/or entry into, the Silver Wrapper event (the “Event”) shall constitute Your unconditional acceptance to be bound by any and all of the terms and conditions of this agreement (this “Agreement”) between the ticket purchaser and/or holder (hereinafter referred to as you “You” or “Your”) of the wristband or ticket (“Ticket”) and SILVER WRAPPER INC, and its respective agents, representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns (collectively, the “Company”) to attend all or part of the Event.
2. 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 the 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 entry ticket.
3. 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.
4. Notwithstanding the foregoing, if the Event is cancelled in part due to a Force Majeure Event (defined below), the Company may refund a portion of your Ticket in Company’s discretion, taking into account the extent of the cancellation among other considerations. A “Force Majeure Event” shall mean an act of God, act of terrorism, flood, tsunami, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of Event attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of Company.
5. By entering the Event, You assume all risk and/or danger incidental to the Event, whether occurring prior to, during, or subsequent to, the attraction, including, but not limited to, any death, personal loss, damage or liability. You understand that Your use of Your Ticket is contingent upon Your voluntary assumption of all risk and danger incidental to your presence at the Event, whether occurring prior, during or after the Event, including any acts or omissions of the Company.
6. 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. Re-entry is prohibited, unless Your re-entry is approved in advance by Event staff and You are escorted by security personnel.

ARTICLE 2: TICKET AND PROOF OF AGE REQUIRED

1. In order to enter into the Event, You must have Your own valid Ticket. One Ticket is required per attendee and will only be valid on the day or days of the Event and areas of the Event as indicated on the Ticket.
2. Your Ticket is not redeemable for cash. There are no replacements for Tickets lost, stolen, destroyed or damaged and You unconditionally accept the risk of damage to, loss of and/or theft of Your Ticket.
3. To ensure that Your Ticket is valid, purchase Your Tickets from Ticketfly, Inc. (“Ticketfly”) or other Company-authorized sale channels listed on the official Company website. Tickets from unauthorized sales channels (e.g., scalpers) may be forged. In no event will forged tickets be honored or eligible for a refund.
4. You must submit Your Ticket for validation upon entry into the Event.
5. Entry to the Event is limited to persons that meet the minimum age requirements on or before the day of the Event. The Event is intended for mature audiences only.
6. You must have one of the following forms of approved identification to enter 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 and You shall not receive a refund of Your Ticket.
7. The following original forms of identification are ACCEPTABLE:
   • Government-Issued Passport
   • Driver’s License (U.S. or Canada)
   • Military Identification Card
   • Government-Issued Identification Card (U.S. or Canada)
8. The following forms of identification are UNACCEPTABLE:
   • Expired Identification Card
   • School Identification Card
   • License/ID card issued in countries other than the U.S. or Canada
   • Birth Certificate
   • Social Security Card
   • Federal Immigration Card
   • Voter Registration Card
   • Copies of any acceptable forms of identification.

ARTICLE 3: SECURITY CHECK

1. Access to the Event site is PROHIBITED and refused to, but not limited to, people who:
   • Are under the influence of drugs or any other illegal substances.
   • Are clearly suffering from alcohol intoxication which, in the Event staff’s sole discretion, has caused You to be in a impaired state.
   • Have been previously banned from festivals and/or other events by either 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’s 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. If You would like to promote one of Your events, then please visit the official Company website for more information.
   • Act in violation of the provisions of one or more articles of these regulations or in the spirit thereof.
2. Please note all ticket holders will 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, or may be used to, disrupt the course of the Event, jeopardize the safety of other ticketholders or disturb the peace. The security guards reserve the right to confiscate these objects 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: PERMITTED AND FORBIDDEN OBJECTS

1. The following is a non-exclusive list of what You may NOT bring, or have another person bring on Your behalf, into the Event:
   • NO glass of any kind
   • NO weapons of any kind
   • NO paint of any kind including paint markers and spray paint
   • NO fireworks
   • NO illegal substances
   • NO illegal drugs or substances or drug paraphernalia
   • NO prescription drugs unless You have a valid prescription with Your name clearly listed on the prescription and the amount of medication is limited to the dosage required for the duration of the Event
   • NO prescription drugs that are being shared with others
   • NO products that are being used or may be used for an unintended purpose that could be hazardous to Your health or others
   • 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 pacifiers
   • NO unsealed over the counter medications/vitamins
   • NO vending without permit allowed
   • NO bicycles, scooters, go carts, or ATVs
   • NO pets
   • NO coolers
   • NO outside food or drinks
   • NO open containers
   • NO multi pocket backpacks (no larger than 21″ tall x 10” wide x 14″ deep)
   • NO deodorant or perfume in aerosol
   • NO tripod for cameras
   • NO projectiles or explosives
   • NO knives or sharp objects
   • NO flammable products or aerosol cans
   • NO open fires
   • NO water guns or misters
   • NO chairs
   • NO flyers, stickers, posters
   • NO drones and/or other similar flying apparatus
   • NO sleeping bags
   • NO professional cameras or GoPros
   • NO item that can be used as a means to disturb the peace, endanger the safety of the crowd and/or inflict damage to people and goods in the sole discretion of Event staff.
   • NO glow sticks or LED gloves.
   • NO masks or clothing that obstructs the face.
   • NO Camelbaks or Bota Bags
2. Subject to the discretion of the venue, You may bring the following objects to the Event:
   • Simple disposable or pocket cameras (non-professional).
   • Small or medium backpacks (no larger than 21″ tall x 10” wide x 14″ deep) may be permitted, however some venues prohibit all backpacks. Please contact the venue directly for details.
   • Cell phones.
   • Sunglasses, hats, fanny packs.
   • Sealed lip balm, gum, and mints.
   • Service animals if You are a person with disabilities, or service animals in-training if You are wearing appropriate apparel and You 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 heynow@silverwrapper.com or visit the official Company website for details at www.silverwrapper.com.

ARTICLE 5: CONDUCT AT THE EVENT

1. 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 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, or discriminatory.
   • Be under the influence of drugs or any other illegal substances.
   • Be clearly suffering from alcohol intoxication that, in the Event staff’s sole discretion, has caused You to be in a 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.
   • 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 or part of the venue.
   • 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.
   • Act in violation of the provisions of one more articles of these regulations or the spirit thereof.
2. 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: UNAUTHORIZED SALE OR USE OF TICKET OR CREDENTIALS

1. Anyone caught forging entry tickets, credentials, or any other special admission ticket 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.
2. Anyone caught tampering with or sharing their Ticket will be immediately ejected and banned from the Event.
3. 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.
4. The resale, attempted resale, or purchase of Your Ticket at a price higher than the official purchase price from the authorized ticket agent Ticketfly, 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 Ticketfly or other Company-authorized sale channels listed on the official Company website.
5. 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 7: RECORDINGS

1. By attending the Event, You give Your express consent to the fact that You may be photographed and filmed and that these images can be registered, stored, transmitted, broadcast/streamed, rebroadcast, and sold for commercial purposes. Your name, image and/or Your likeness may be captured as part of and/or used in connection with any broadcast/stream, audio and/or visual recording, audio-visual recording, photograph, or other reproduction or other publication of the Event (the “Footage”) may also be used for any other purpose, including, but not limited to, commercial purposes on behalf of Company, its parent company, and their respective affiliates, subsidiaries and third party commercial partners, including sponsors to the Event, without any compensation to You and you waive all other rights in and to those images and likenesses, including, but not limited to, all claims of so-called moral rights. This Footage may be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.
2. 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.
3. 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 8: MERCHANDISE

1. Official T-shirts and souvenirs are only on sale within the Event site.

ARTICLE 9: PARKING

1. The Company disclaims all responsibility from losses or damages to vehicles parked on or near the Event.
2. The Company is not responsible for losses or damage to any vehicle towed from the Event site.

ARTICLE 10: REFUSE

1. 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. You can also find garbage containers in the parking lots.
2. The bathroom facilities at the Event are free of charge. It is forbidden to use any other location as a bathroom facility.

ARTICLE 11: ZERO TOLERANCE DRUGS POLICY

1. The Company has a zero tolerance policy regarding drugs. It is forbidden to use, distribute, sell and/or to be in possession of drugs on the Event site. 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 Venue 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 the 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.
2. 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 drug activity, relying in part on security cameras placed throughout the Event.
3. Some events may, but are not required to, offer amnesty bins.
4. 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 12: ADDITIONAL AMENITIES

1. ATMs may be available at the Event site.
2. Some open-air stages are fitted with large screens enabling anybody who is standing further away to enjoy the Event.

ARTICLE 13: ADA ACCOMMODATIONS

1. If You would like additional information about available ADA accommodations, please e-mail the Company at heynow@silverwrapper.com or visit the official Company website for details at www.silverwrapper.com.

ARTICLE 14: EVENT SAFETY

1. Due to weather or other conditions, the floors and/or Event grounds may in whole, or in part, slippery.

ARTICLE 15: MEDICAL CARE

1. 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 arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
2. You hereby agree to release and hold harmless the Company Parties (defined below) from any liability arising out of or in connection any acts or omissions related to Your medical care.
3. 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, whether or not caused by the negligence or gross negligence of organizers or their agents.

ARTICLE 16: INDEMNIFICATION

1. You hereby indemnify and hold harmless the Company, its parent companies, affiliates, and subsidiaries and their representatives, officers, directors, owners, members, trustees, agents, employees, successors and assigns, the Venue, Ticketfly and any other designated ticketing agent, Event sponsors, the promoter(s), and the performing artists, including, but not limited to, their respective management, their agents, their staff and their designees (collectively, the “Company Parties”) from any loss, liability, damage or cost in any way arising out of or related to Your negligence or misconduct at, around, or while traveling to or from, the Event.
2. 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 or related to the Event, your attendance at the Event, or your travel to and from the Event, whether or not caused by the negligence or gross negligence of the Company Parties.
3. 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 SECTION 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 17: MISCELLANEOUS PROVISIONS

1. In no event shall the Company Parties be liable for any claim for loss of life or injury unless written notice is given within six (6) months from the day of the loss of life or injury. No suit for any cause may be maintained against Parties unless it is commenced within one (1) year after the Event. The parties hereto specifically consent to personal jurisdiction of said courts. You hereby waive Your right to a jury trial.
2. 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 unless otherwise specified.
3. You understand that the Company Parties and all related parties, including but not limited to their 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 in the Venue regardless of fault or reason, so act accordingly. The Company recommends that you do not bring any valuables to the Event.
4. In the event of the cancellation of the Event, your sole remedy shall be for the refund of the value of the ticket, excluding any fees or service charges, and in no case shall you be entitled to any other damages, including but not limited to incidental and/or consequential damages.
5. 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 our new terms and conditions will be posted to this website address.
6. 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.