This Houston Astros Season Ticket Agreement (the Agreement) is entered into between the purchaser of Houston Astros regular season tickets (Account Holder) and the Houston Astros LLC (Houston Astros).
By purchasing Houston Astros regular season tickets (Ticket(s)), and in consideration of the promises and mutual covenants herein, and for other good and valuable consideration, the receipt and sufficing of which is hereby acknowledged by the parties, the parties agree as follows:
1. All Ticket sales are final and no refunds or exchanges will be made, except as expressly provided in this Agreement.
2. Each Ticket to a Houston Astros baseball game is a limited, revocable license granted by the Houston Astros to attend the baseball game at Minute Maid Park (Ballpark) identified on the applicable Ticket. The Account is the revocable license granted by this Agreement to the Account Holder to purchase the number of Tickets specified on the Ticket invoice (Invoice) provided to Account Holder by the Houston Astros for the price set forth on the Invoice. The Houston Astros reserve the right to set a limit on how many Tickets the Account Holder may purchase.
3. The terms and conditions applicable to the Tickets and the Account include those provided:
(a) in this Agreement;
(b) on each Ticket (which are incorporated by reference in this Agreement);
(c) on the Houston Astros website at www.astros.com;
(d) pursuant to the Houston Astros Automatic Renewal Program;
(e) on any signage at Minute Maid Park;
(f) in writing by authorized Houston Astros or Ballpark personnel.
The Houston Astros reserve the right to amend or supplement the terms and conditions contained in this Agreement by providing written notice to Account Holder. Information about, and/or revisions or amendments to the terms and conditions may be posted on www.Astros.com from time to time. It is the responsibility of Account Holder to read and comply with all information. The Houston Astros are not responsible for problems, losses or inconveniences experienced because Account Holder did not read information regarding the Account or this Agreement, or because the information was mailed to a former or incorrect physical or e-mail address.
4. Accounts shall not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Account Holder to any person or entity without the express written consent of the Houston Astros. In the event of any purported transfer, offer of transfer, or attempted transfer of an Account to a person or entity, the Houston Astros have the right, but not the obligation, to terminate this Agreement and the Account by providing written notice to Account Holder and tendering the remaining pro rata portion of the amount paid by Account Holder within a reasonable time after providing such notice. Only the Account Holder of record is allowed to make any changes to the Account. Account Holders should contact the Houston Astros by mail or phone if contact information changes. The Houston Astros reserve the right to require an Account Holder to provide proof of identity and authorization to act before making any Account changes.
5. The Houston Astros reserve the right to revoke or terminate the license granted to an Account Holder through this Agreement or granted through a Ticket without any refund or compensation if, in the Houston Astros sole discretion, an Account Holder or Ticket Holder violates any of the applicable terms and conditions set forth herein or otherwise acts in any manner that could negatively affect the experience of any other person at the Ballpark.
6. The sale, attempted sale or otherwise transfer for value of over 50% of Tickets originally purchased to other persons or entities shall define an Account as a "Broker Account" for the purposes of this Agreement, and shall constitute a material breach of this Agreement.
7. In the event of a material breach of this Agreement by Account Holder, the Houston Astros shall have the right, but not the obligation, to terminate the Account.
8. Certain Accounts may be eligible to receive benefits, experiences and/or discounts ("Benefits"), in addition to their Tickets. Determinations about Accounts that qualify for such Benefits are at the sole discretion of the Houston Astros and may require becoming a member to a Houston Astros season ticketholder membership program. Benefits and/or membership rights may be modified, revoked or terminated by the Houston Astros at any time and for any reason, without compensation or damages of any kind. Broker Accounts may not be eligible for Benefits or membership privileges.
9. Tickets shall not be resold or offered for resale in a manner or at a price in violation of this Agreement, any existing law, policy or regulation.
10. Absent express, written consent from the Houston Astros, the Account and Tickets obtained by the Account Holder shall not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes.
11. Tickets are offered on a single-regular season basis only. The Account does not confer any ownership or leasehold rights on Account Holders. The Account does not entitle the Account Holder to tickets for a particular seat or seating area in any subsequent year. Ticket sales in future seasons are subject to any changes, limitations and/or deadlines that have been or may be imposed by the Houston Astros. In particular, the Houston Astros expressly reserve the right to:
(a) change Ticket and/or Account policies and prices at any time and for any reason;
(b) disallow Benefits or apply Benefits differently to different Accounts, including without limitation Broker Accounts;
(c) charge an administrative fee in connection with any reissuance of Tickets that are lost or stolen, or any approved correction or change to Account information;
(d) refuse to sell future Tickets to any individual or entity, including, but not limited to, individuals or entities who:
(i) fail to comply with any applicable payment deadline or other condition or restriction;
(ii) misrepresent or fail to properly disclose to the Houston Astros whether an Account is a Broker Account or a non-Broker Account; or
(iii) engage in, or permit the use of their Tickets by any person who engages in, conduct prohibited by Houston Astros or Ballpark policies.
12. If Account Holder violates any provision of this Agreement, such Account shall be deemed a "Disqualified Account." Houston Astros reserve the right, in its" sole discretion, to not issue tickets to the Disqualified Account for any Tie-Breaker Game(s), American League Wild Card Game(s), American League Division Series ("ALDS"), American League Championship Series ("ALCS") or World Series (collectively, "Post-Season Games"), exhibition games or other events held at the Ballpark (collectively the "Non-Regular Season Events"). The Houston Astros may, in its sole discretion, offer tickets to the Account Holder, through the Account, for Non-Regular Season Events, subject to any rules set forth by Major League Baseball ("MLB") or the applicable Non-Regular Season Event promoter.
13. If the Houston Astros are authorized by MLB to issue Postseason Game tickets, eligible Account Holders may be entitled to purchase one ticket for every possible Postseason Game for each seat held in the Account. Not all Accounts, including Broker Accounts, may be eligible for Postseason Game priority seating or tickets. All terms and conditions that apply to Tickets, including those contained in this Agreement, shall apply to Postseason Game Tickets purchased by eligible Account Holders. Postseason Game Tickets may be subject to additional terms and conditions. The Houston Astros reserve the right to offer eligible Account Holders relocated seats for Postseason Games. To the extent that any Postseason games purchased by an Account Holder are not played, Account Holders will be offered the opportunity to request the amount paid for un-played Postseason games be applied to future Ticket charges. In the event that an Account Holder opts to have such amounts applied to future Ticket charges, however, such decision does not automatically confer any right on the Account Holder to purchase Tickets in the future. The Houston Astros reserve the right to refund any amounts paid for un-played Postseason games to Account Holder, without interest or damages of any kind, in the event that the Houston Astros determine, in their sole discretion, not to grant Account Holder a license to purchase Tickets in the future.
14. The Houston Astros may provide an electronic ticket exchange and/or transfer system (the "System") to Account Holders. Any and all use of the System is subject to the terms and conditions of this Agreement and with those associated with accessing the System. The Houston Astros reserve the right to suspend, modify, replace and/or cancel the System at any time in their sole discretion. The Houston Astros reserve the right to cancel access to the System in the event any Account Holder violates this Agreement and/or the terms and conditions associated with accessing the System.
15. Any errors or mismanagement of the System by Account Holder shall not be the responsibility of the Houston Astros. The Houston Astros are not responsible for lost Tickets, stolen Tickets, or Tickets left at another location. Tickets may be replaced at the sole discretion of the Houston Astros who may impose an additional cost. Stolen Tickets will be replaced only upon written request made by the Account Holder, accompanied with a police report identifying the theft of the Tickets. In the event the Houston Astros replace any Ticket, the replacement Ticket will be honored over the original Ticket in all cases and the original Ticket will be null and void.
16. All pre-game or post-game events at the Ballpark, including but not limited to, pyrotechnic displays, post-game concerts or other promotions are subject to cancellation. No part of the Ticket purchase price will be refunded in the event of such cancellation.
17. By attending any Houston Astros baseball game, the holder of the Ticket ("Ticket Holder") assumes all risk and danger incidental to the baseball game, and all other activities, promotions or events at the Ballpark before, during and after the baseball game, including, but not limited to, the danger of being injured by baseballs, equipment, objects or persons entering spectator areas. By attending the baseball game, each Ticket Holder further acknowledges that his/her attendance at the baseball game and all game events are voluntary, and therefore Ticket Holder releases, to the furthest extent permitted by law, the Houston Astros, Tickets.com, and all entities and affiliates associated with Major League Baseball ("MLB") together with their respective agents, players, officers, employees and owners for injuries or loss of personal property resulting from all risk and danger incidental to the baseball game and the risks or any incidents associated with crowds of people.
18. Each Ticket Holder understands and agrees that all belongings may be searched upon entry or at any time while inside the Ballpark, and any prohibited item may be confiscated. If a Ticket Holder does not consent to a search, then he/she will be refused admission or ejected from the Ballpark.
19. Each Ticket Holder that attends a baseball game at the Ballpark grants the Houston Astros, MLB, the MLB Clubs and their authorized sponsors permission to utilize, in any media whatsoever, the Ticket Holder"s voice, image and likeness in any broadcast, photograph, video and/or audio sound recording taken in connection with the baseball game attended by Ticket Holder.
20. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN CONFORMITY WITH THE LAWS OF THE STATE OF TEXAS (EXCLUSIVE OF CONFLICTS OF LAWS PRINCIPLES). EACH PARTY HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS WHICH IT MAY HAVE TO MAKE ANY OBJECTIONS BASED ON JURISDICTION, VENUE, OR SUFFICIENCY OF PROCESS TO ANY SUIT BROUGHT TO ENFORCE THIS AGREEMENT IN HARRIS COUNTY, TEXAS. ADDITIONALLY, EACH PARTY AGREES TO VENUE IN HARRIS COUNTY, TEXAS OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
21. The Houston Astros may terminate this Agreement at any time upon providing written notification to Account Holder. Unless such breach is the result of a material breach of the terms and conditions explained herein, in which case Account Holder shall not be entitled to any refund, future credit, or damages of any kind, the Houston Astros shall refund the pro rata portion of the Ticket Fees for the remaining home games in the term to the Account Holder within a reasonable time.
22. By tendering a payment to the Houston Astros, signing up for the Account, accepting Tickets, and/or redeeming any Tickets for admission to any Houston Astros baseball game, Account Holder expressly agrees to be bound by this Agreement.
For purposes of below, “Ballpark” is the defined term for Minute Maid Park and surrounding areas, including parking lots; “Club” is the defined term for Houston Astros, LLC; “Event” is the defined term for the game or event governed by the applicable terms; “Holder” is the defined term for the ticket holder, on their own behalf and on behalf of any accompanying minor; “Accompanying Party” is the defined term for any accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms); “Related Persons” is the defined term for Holder’s and any Accompanying Party’s personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on Holder’s or any Accompanying Party’s behalf; and “Released Parties” is the defined term for the Club and the other Major League Baseball Clubs (“Clubs”), MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), Major League Baseball Properties, Inc., The MLB Network, LLC, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
In partial consideration for the license granted by this ticket to attend the Major League Baseball game or other Event to which this ticket grants admission, the Holder acknowledges and agrees to the terms and conditions set forth below on Holder's own behalf and on behalf of any minor(s) attending the Event with Holder ("Minor(s)"). If Holder does not agree to the terms and conditions or is not authorized to grant any release of liability hereunder, Holder and any Minor(s) should immediately leave the Ballpark.
By use of this ticket, Holder agrees that: (a) Holder shall not transmit or aid in transmitting any information about the Event (the "Information"); (b) Club is the exclusive owner of all copyrights and other proprietary rights in the Event and Information; and (c) the name, photograph, picture, voice, image or other likeness of Holder and/or any Minor(s) taken in conjunction with the Event ("Image(s)") may be used by Club and its assignees for any purpose whatsoever. Notwithstanding the foregoing, Holder, by attending the Event, hereby (i) irrevocably consents and grants to Club the unrestricted, perpetual, worldwide, royalty-free, fully paid-up and assignable license to use and exploit the Images or Information for any purpose whatsoever and (ii) waives all claim(s) that may arise based on the use of the Images or Information for all purposes.
Holder acknowledges and agrees that Club may revoke the license granted by this ticket at any time by tendering to Holder the purchase price of this ticket.
No resale of a ticket is permitted without Club's prior written consent.
By use of this ticket, Holder assumes all risk and danger incidental to or related to any Event, whether occurring prior to, during, or subsequent to any Event, including specifically but not exclusively, the danger of being injured by thrown or broken bats or thrown or batted balls. Holder further agrees that the Club, any employee or player of the Club, Major League Baseball, The Office of the Commissioner of Baseball, the National League, the American League, Participating Major League Baseball Clubs, their Agents, Players, Tickets.com, LLC and/or its affiliated entities and/or individuals, are not liable for damages or injuries resulting from such causes. By use of this ticket, Holder is deemed to have given a full release of liability to the entities and individuals listed above (on Holder's and on behalf of any Minor(s)) to fullest extent permitted by law.
Additionally, Holder agrees to comply with the security and other guest policies of Minute Maid Park ("Policies") as may be amended from time to time in Club's sole discretion. Policies are available at www.astros.com/ballpark and are incorporated herein by this reference. Without limiting the foregoing, Club reserves the right to, in its sole discretion inspect any vehicles, bags, clothing, or articles prior to entry onto Minute Maid Park property and deny entry of any items deemed inappropriate or potentially harmful to the stadium, its patrons or staff.
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUB AS SET FORTH AT WWW.MLB.COM/ASTROS/FANS/UPDATES/SAFETY AND THE BALLPARK OWNER/OPERATOR.
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Club and/or the Ballpark owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at WWW.MLB.COM/ASTROS/FANS/UPDATES/SAFETY, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this ticket and the Event date, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder and/or any Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that neither Holder nor any Accompanying Party will attend the Event if within fourteen (14) days preceding the Event, they have:
(1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
(2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
RESALE TERMS AND POD INTEGRITY
Holder, on their behalf and on behalf of any Accompanying Parties, agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including without limitation (1) terms that mandate or prescribe the quantity of tickets available to be purchased, (2) additional requirements regarding Accompanying Parties, and (3) terms regarding the resale or transfer of tickets.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Ballpark. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR RELATED PERSONS, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY.
[FOR CALIFORNIA RESIDENTS] HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “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.”
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.