SIXTHMAN – THE ROCK BOAT TICKETING CONTRACT

IMPORTANT NOTICE! THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE

“CONTRACT”] CONTAIN:

(A) THE CONTRACT BETWEEN YOU AND CARNIVAL CRUISE LINES [THE

“TICKET CONTRACT”] AND

(B) SUPPLEMENTAL TERMS, CONDIIONS AND LIMITATIONS AS BETWEEN

YOU AND SIXTHMAN, LLC WITH RESPECT TO THE CRUISE.

THESE DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS.

AND CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND

CARNIVAL CRUISE LINES AND BETWEEN YOU AND SIXTHMAN (AS

DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF THIS

CONTRACT, PAYING PARTICULAR ATTENTION TO SECTIONS 1 AND 13

THROUGH 17 OF THE CARNIVAL CRUISE TICKET (below) AND SECTIONS 1

THROUGH 7 OF THE SIXTHMAN, LLC / THE ROCK BOAT SUPPLEMENTAL

TERMS AND CONDITIONS AND RETAIN THEM FOR YOUR FUTURE

REFERENCE.

The Rock Boat Terms and Conditions are subject to change at any time. The last update

of any Supplemental Terms and Conditions occurred on February 29, 2008. The

Carnival ticketing contract text on this page was current as of February 29, 2008, but

could be changed at any time without notice. For the most current Carnival ticketing

contract visit:

http://www.carnival.com/CMS/Static_Templates/ticket_contract.aspx

All references to "Sixthman" shall be understood to include Sixthman, LLC and any

entity wholly owned by Sixthman, LLC or affiliated through ownership with the owners

of Sixthman, LLC. All references to "Carnival" shall be understood to mean Carnival

Cruise Lines. For purposes hereof, each reference to a Carnival "promotional partner"

shall include Sixthman. All references to the "Cruise" or to "The Rock Boat" (or any

variation of the event name) shall be understood to refer to The Rock Boat cruise aboard

a Carnival Cruise Lines vessel. All references to "Guest" shall have the same meaning as

"Passenger" for purposes of this Contract and shall include each person listed on a Ticket

Contract and each person, other than Sixthman personnel, Carnival personnel, and artists

and artist personnel, who embarks on the Cruise or attends any Cruise or Cruise related

event, whether or not listed on a Cruise Ticket Contract. All terms shall be considered

gender neutral and pronouns shall refer to the masculine and feminine as context requires.

Each Guest’s reservation for the The Rock Boat Cruise, acceptance and/or use of the

Ticket Contract, embarkation on the Cruise, and attendance at any Cruise event constitute

the acceptance of and agreement to this Contract, including each and all of the

Supplemental Terms and Conditions hereof and of the Carnival Cruise Lines Ticket

Contract.

By purchasing or accepting the Ticket Contract for the The Rock Boats Cruise, you

represent to and for the benefit of Sixthman and Carnival that you are authorized by all

Guests named in your reservation group, including each minor, if any, to accept and

agree on behalf of each such Guest to be bound by all the Supplemental Terms and

Conditions of this Contract. This Contract is not transferable and you may not sell or

assign it. It is valid only on the vessel and for the voyage and event indicated. This

Contract may not be modified except in writing signed by Sixthman and the Carnival

Cruise Ticket Contract may not be modified except as provided therein. The terms,

conditions and limitations herein shall apply to any and all disputes between you and

Sixthman, regardless whether arising aboard the vessel or in any other place, location or

any mode of transportation whatsoever. All rights, defenses, disclaimers and limitations

of liability set forth herein shall inure to the benefit of Sixthman, and all concessionaires,

independent contractors or other providers of any services or facilities in connection with

or incident to the Guest’s cruise, as well as any of their affiliated or related companies,

parents, subsidiaries, successors, assigns or fictitiously named entities; and all suppliers,

shipbuilders, component part manufacturers; and their owners, operators, managers,

charterers, agents, pilots, officers, crew, employees and vessels. Neither Sixthman, nor

any of its employees have any authority to change, modify, alter or suspend any of the

provisions of the Contract between the Guest and Carnival which shall govern the

relationship between Guest and Carnival exclusively.

SIXTHMAN SUPPLEMENTAL TERMS AND CONDITIONS

The following Supplemental Terms and Conditions are incorporated in and made a part

of the Contract between each Guest and Sixthman. Each reservation or acceptance or

utilization of the Carnival Cruise Ticket Contract or embarkation on the Cruise or

attendance at any Cruise related event constitutes agreement with and acceptance of the

following Supplemental Terms and Conditions, in addition to the terms and conditions of

the Carnival Ticket Contract:

1. Nature of the Cruise

The The Rock Boat Cruise is an event cruise featuring multiple headline musicians.

Nothing contained herein is intended to be, nor shall it be construed as a right or

guarantee to specifically attend any particular concert on any particular date to be

performed by any particular artist. Sixthman and Guest agree that Guest is purchasing

passage on board a specific vessel during a specific period of time during which time it is

anticipated that headline musicians will perform multiple concerts on board the vessel

during the Cruise. Included in such purchase price, but ancillary thereto, is an

entertainment package pursuant to which several artists including will perform at a time

or times during the Cruise which times will be announced prior to sailing and/or during

the Cruise. While every effort is made by Sixthman to avoid conflicting events and

performances, Sixthman cannot guarantee that any Guest will be able to attend every

performance aboard the Cruise. It is also anticipated individual musicians will attend

publicity and promotional events during the Cruise while on board to provide Guests an

opportunity to meet the musicians in person. However, Sixthman can make no guarantee

that any guest will in fact be able to meet any of the musicians in person during the

Cruise or during any shore excursion.

2. Pricing and Payments

Sixthman reserves the right to increase published prices without notice. In the event of

an increase, the Guest has the option of accepting the increased fare or canceling the

reservation without penalty. Payment for the Cruise shall be made in US Dollars.

The minimum payment schedule allows guests to make installment payments on their

cruise over time. The date that you place your reservation will dictate your minimum

deposit amount after which you would be required to make any future payments

according to the schedule.

a. 25% of cruise fees due at the time of reservation and;

b. Additional 25% of cruise fees due on June 20, 2008 and;

c. Additional 25% of cruise fees due on August 20, 2008 and;

d. Final balance of charges due on October 17, 2008

Reservations made after the final payment date of October 17, 2008, require a minimum

50% deposit, and must be paid in full within 30 days of the booking or 35 days from the

departure date (December 12, 2008), whichever comes first.

The Sixthman reservation system will not complete a reservation on a single card that is

declined but will complete a reservation paid for with multiple cards even if one-or-more,

but not all, of the cards are declined. Should your initial payment not meet minimum

payment due at the time of your reservation you will have 48 hours in which to bring

your account into good standing or risk cancellation.

Payments not received by the dates indicated are subject to a late fee of no less than

$35.00 (USD). Any payment not received within 10 days after the scheduled date will be

charged automatically to the credit card on file for the Lead Passenger (as hereinafter

defined) or, in the event the initial payment was made by someone not traveling, the

credit card on file for the initial payment. In such a case the minimum late fee will be

$50.00 (USD). Payments not made or collected within 21 days of the due date will risk

cancellation of the reservation at the cancellation fee outlined below.

In addition to the combined Cruise fare and entertainment fees, Sixthman will collect in

advance all taxes, pre-paid gratuities, port charges and fees, including, without limitation,

a $25.00 booking fee. The parties agree that the consideration for the entertainment

portion of the Cruise including performance by all musicians on board during the Cruise

shall be the sum of $199.00 (USD). The remaining consideration paid by each Guest for

the Cruise shall be allocated to the ship passage portion including stateroom and meals.

The individual making the reservation for the The Rock Boat Cruise is considered the

“Lead Passenger” in whose name the reservation is held. The consideration for the cruise

shall be deemed to be earned when paid and is not refundable.

3. Changes, Transfers and Cancellation

Terms and conditions defined in this paragraph supersede Carnivals’ policies.

Sixthman does offer and RECOMMENDS (but does not require) that each Guest

purchase travel insurance for the Cruise. Because of the nature and uniqueness of the The

Rock Boat Cruise, there is a strict cancellation policy. All changes, transfers or

cancellations may be made only by the Lead Passenger. The Lead passenger, in whose

name the reservation is held, may change the name of any accompanying passenger in the

same cabin once without charge prior to the final payment date. Any other reservation

change, subsequent changes to the name of any accompanying passenger in the same

cabin, or any change prior to the final payment date of October 17, 2008, will be subject

to a minimum $50.00 administrative fee before the change is effected.

Any reservation change made after October 17, 2008, is subject to the following

administrative fee schedule before the change is effected:

October 18, 2008 through November 17, 2008 - $50 per change

November 18, 2008 through December 17, 2008 - $75 per change

Changes or additions made after December 17, 2008 - $100 per change

A reservation for the cruise is valid only for the person(s) named within as Guests and

cannot be transferred without Sixthman's written consent.

With written consent, you may transfer your reservation to another party with a $299

transfer fee charged to the reservation.

Sixthman will not consent to a reservation transfer during any pre-sale period, after an

event sell-out when a waiting list exists, or after the final-payment date.

In the event the reservation is cancelled by the Lead Passenger, Sixthman will make

refunds of payments previously made strictly in accordance with the provisions of this

paragraph. The Lead Passenger and each Guest are strongly urged to consider travel

insurance to protect your trip. In lieu of cancellation, the Lead Passenger may request that

his or her reservation be transferred to another person subject to the written consent of

Sixthman and payment of the above-referenced transfer fee.

The cancellation schedule is as follows:

a. Cancel by June 20, 2008, and get all monies back less $75.00 per-person administrative

fee

b. Cancel between June 21, 2008 and August 20, 2008, and get 50% of monies paid back

less $75.00 per-person administrative fee

c. Cancel between August 21, 2008 and October 17, 2008, and get 25% of monies paid

back less $75.00 per-person administrative fee

d. No refunds of any kind after October 17, 2008.

Guests that have purchased cruise insurance and need to cancel for a covered condition

may be able to make a claim with the insurance carrier to recover any lost payments.

4. Acceptance and Agreement to Carnival Cruise Lines Ticket Contract

By making the reservation for the The Rock Boat Cruise or by the accepting and/or using

the Ticket Contract by the persons named thereon as Guests, and/or embarking on the

Cruise and attending any Cruise-related events, the Lead Passenger and each Guest on the

same reservation, acknowledges he or she has read, understands and agrees to be bound

by each and every term, condition and provision of the Carnival Cruise Line, Inc.

passenger Ticket Contract and agrees to be bound thereby. Each Guest further agrees

that, pursuant to the provisions of paragraph 1(a) of the Carnival Cruise Ticket Contract,

Sixthman, as charterer of the vessel, is included within the term “Carnival” in the Cruise

Ticket Contract and that Sixthman shall be entitled to the benefit of all rights, terms,

conditions, and limitations granted Carnival thereunder as a charterer of the vessel as

though Sixthman were specifically named therein.

5. Breach or Cancellation by Performing Artist

Sixthman has entered into an agreement with each performing artist on The Rock Boat to

be present on board the Cruise and to perform in accordance with terms specified therein.

However, neither Sixthman nor Carnival shall be liable or responsible for failure of any

artist or musician to appear on board or to perform under its agreement. Further, neither

Sixthman nor Carnival shall be liable or responsible for any loss, damage, cost, or

expense of any kind to any Guest or any other person or entity in the event that such

performance is prevented or such loss, damage, cost, or expense is caused by or results

directly or indirectly from any act of God, war, fire, collision, directions of underwriters,

arrest, order or restraint by any government agency or official acting under color of

authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather

conditions and considerations of the safety of the vessel (for which the Master shall be

the sole judge), breakdowns of or damage to the vessel’s hull or machinery, requisition of

the vessel by governmental authority, illness, death of a family member or other cause or

circumstance beyond Sixthman’s reasonable control. In the event of any failure of

contracted artists to perform during the cruise, Sixthman, in its sole discretion, may

engage a replacement artist or artists, or may change, postpone or terminate all or any

part of the Cruise or the entertainment program or change the program or itinerary. In

such case, Sixthman, shall have no liability to any Guest for any loss, damage, cost or

expense whatsoever by reason of such change.

In any other case including without limitation any breach of contract or failure to perform

by any artist or musician, Guest and Sixthman acknowledge that Guest’s actual losses

arising from such breach, cancellation or termination would be difficult if not impossible

to calculate at the time of entry into this Agreement. A number of factors contribute to

these uncertainties including without limitation the fact that Guest has embarked on a

cruise and other substitute entertainment will be provided for Guest’s enjoyment and the

difficulty of arranging substitute entertainment. Therefore, Guest agrees that the remedies

described herein (substitution for any particular artist or musician or partial refund in the

event of cancellation) represent fair compensation in the nature of liquidated damages to

the exclusion of all other damages payable by Sixthman or Carnival, whether direct or

indirect, proximate or incidental or consequential, for such modification, cancellation or

termination of the Cruise by Sixthman. If the Cruise is canceled as the result of any

material breach or gross negligence of Sixthman or of a contracted artist or musician,

Guest shall be entitled to the sum of $125.00 representing a pro-rated amount of the

entertainment portion of the consideration paid by Guest. No Guest shall be entitled to

recover any incidental or consequential losses or damages sustained by him or her. Each

Guest agrees this remedy shall be his or her exclusive remedy.

6. Cancellation of the Cruise

Carnival Cruise Lines has reserved, in paragraph 5 of the Carnival Ticket Contract, the

right to cancel the Cruise, and by extension the Ticket Contract at the port of embarkation

or at any time during the voyage. If the Cruise is cancelled completely prior to

embarkation, each Guest shall receive a refund of his or her passage fare paid. If the

Cruise is cancelled during the voyage, each Guest shall receive a refund of a

proportionate part of his or her passage fare paid. Sixthman shall have no further liability

for damages or compensation of any kind.

7. Forum

It is agreed by and between each Guest and Sixthman that all disputes and matters

whatsoever arising under, in connection with or incident to this agreement or to The Rock

Boat Cruise, including any dispute or matter arising out of or related to Guest’s travel to

the vessel involving Sixthman, shall be litigated if at all, before the United States District

Court for the Southern District of Florida in Miami, or as to those lawsuits to which the

Federal Courts of the United States lack subject matter jurisdiction, before a court located

in Miami-Dade County, Florida, U.S..A. to the exclusion of the courts of any other

county, state or country.

Copyright © 2008 Sixthman, LLC. All Rights Reserved. Sixthman, LLC Privacy Policy