Athletics Las Vegas Ballpark – Secure Your Spot for Priority Access

By purchasing Priority Access (as defined below) for the Athletics’ Ballpark in Las Vegas, Nevada, you agree to be bound by the Athletics’ policies and procedures regarding such Priority Access, including these terms and condition of this agreement (the “Agreement”). Please also note (i) that your $19.01 purchase of Priority Access is nonrefundable, and (ii) that Paragraph Fourteen of this Agreement contains a provision requiring binding arbitration of disputes between you and Athletics Investment Group LLC d/b/a the Athletics (“Athletics”, “us” or “we”). If you do not agree to these terms, please do not purchase Priority Access.

1. Eligibility. All individuals who are eighteen (18) years of age or older may purchase Priority Access (one-time purchase; maximum one purchase per person) and participate in the program.
2. Priority Access. Fans interested in securing season tickets for regular season games or events at the Athletics’ Ballpark in Las Vegas, Nevada scheduled to open to the public in 2028 (“Ballpark”) are encouraged to purchase Priority Access.

Subject to availability and these terms, your purchase of Priority Access will give you to the opportunity to select 2028 season tickets and related benefits for purchase before such opportunities are provided to the general public (“Priority Access”). Details regarding the process for the sale of season tickets for the Ballpark are being finalized. Your purchase ensures that you will receive information regarding the sale of season tickets for the Ballpark as they become available.

“Events” are defined as certain events that are made available to you for purchase by the Athletics, which may include, but are not limited to, Athletics Major League Baseball home games and other ticketed events at the Ballpark, in all cases subject to availability and as may be offered in the Athletics’ sole discretion.

THE ATHLETICS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT TICKETS WILL BE AVAILABLE TO YOU FOR ANY PARTICULAR EVENT OR PARTICULAR NUMBER OF EVENTS. YOU UNDERSTAND THAT PURCHASING PRIORITY ACCESS DOES NOT PLACE YOU ON A NUMBERED WAITLIST OR PROVIDE SPECIFIC PRIORITY IN TERMS OF WHEN YOU WILL BE CONTACTED OR WHICH TICKETS, IF ANY, MAY BE AVAILABLE TO YOU.

3. Cost. The one-time, non-refundable fee (“Fee”) for Priority Access is nineteen dollars and one cent ($19.01). The costs associated with season tickets and admission for Events at the Ballpark have yet to be determined and will be in addition to the Fee.
4. Contacting You. By purchasing Priority Access, you authorize us and our affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact you, in our discretion, using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, email, or any similar methods then in use and automated email systems in order to provide you with information about this Agreement, the potential purchase of season tickets and related benefits, including information about payments and games, other events at the Ballpark, and other marketing purposes. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement, the potential purchase of season tickets and related benefits, or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. However, the Messaging Parties are not under any obligation to monitor, record, retain, or reproduce such recordings, unless required by applicable law. This consent is a material part of the consideration for us to enter into this Agreement, and you may not revoke it unless otherwise required by law or as otherwise allowed in this Agreement. In the event that the foregoing sentence is held to be unenforceable, then you may revoke consent to autodialed calls and text messages by writing to us at vegas@athletics.com or Athletics, 400 Ballpark Drive, W. Sacramento, California 95691. To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you. To stop emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties’ emails.

You agree that if your name, mailing address, telephone number, and/or email address change after you purchase Priority Access, it is your responsibility to provide updated contact information to Athletics or the party designated by Athletics and to ensure such party properly confirms receipt of this information. Any update of your contact information is not valid until acknowledged. Failure to ensure a proper update of your contact information means you may lose the opportunity to participate in the Priority Access program or purchase tickets and related benefits for Events at the Ballpark. In the event Athletics attempts to contact you regarding your Priority Access purchase but is unable to do so because you did not maintain accurate contact information, or you fail to respond to inquiries, the Athletics may retain the Fee.

The Athletics are not responsible for any communications that they may send that are not received by you or otherwise unopened, undeliverable, incomplete, illegible, inaccurate, damaged, stolen, late or lost.

5. Process. Details regarding the process for the sale season tickets, and admission to Events at the Ballpark are being finalized. When those details are finalized, those who purchased Priority Access will receive information regarding the ticket sale process. You understand and agree that there are a limited number of Priority Access opportunities available for purchase, and you may not have the opportunity to purchase Priority Access. If you are offered the opportunity to purchase, you understand that if you do not complete your purchase when presented with the opportunity to do so, you may lose your opportunity to purchase tickets or related benefits for Events at the Ballpark.

If you purchase Priority Access, you will be given the opportunity to purchase season tickets and/or related benefits, subject to availability and as determined in the Athletics sole discretion. The Fee for Priority Access remains non-refundable, even if you do not proceed with purchasing season tickets and/or any related benefits that are offered to you as a result of your Priority Access.

6. Tickets and/or Related Benefits Purchased. If you agree to purchase tickets and related benefits for Events at the Ballpark, you will enter into one or more agreements regarding the rights and responsibilities you have as a ticket holder. All ticket purchases, and your access to all applicable Events hereunder, shall be governed by all terms and conditions applicable to Athletics and Major League Baseball ticket purchases, including, without limitation, (i) the terms and conditions relating to Athletics season partial plans and group ticket purchases that may be separately provided to you by the Athletics, and (ii) any ticket-back or similar language accompanying your tickets, and (iii) the terms and conditions relating to Athletics season tickets, partial plans, and group ticket purchases that may be separately provided to you by the Athletics.
7. Tickets and/or Related Benefits Not Purchased; Waitlist. In the event you purchase Priority Access but do not get the opportunity to purchase season tickets or related benefits because of limited availability, or you decline the tickets offered to you or fail to timely respond to an inquiry, you will have two options. If a waitlist is created for Athletics season tickets, you may elect to join this waitlist. If no such waitlist is created or you do not wish to join the waitlist, your Priority Access Fee payment remains non-refundable .
8. Cancellation. You may cancel your participation in the Priority Access Program by contacting the Athletics by writing to us at vegas@athletics.com or Athletics, New Ballpark, 400 Ballpark Drive, West Sacramento, California 95691, or contacting the party designated by Athletics. Requesting a cancellation terminates all rights associated with the Priority Access Program and this Agreement. Except as provided in this Agreement, you are not entitled to a refund of the Fee. In the event Athletics determines that you have provided false information related to your purchase of Priority Access, or you violate any of the Athletics fan policies, including but not limited to the Code of Conduct, Athletics reserves the right to terminate this Agreement and/or your Priority Access.
9. Transfer. You may not sell, assign, or otherwise transfer your rights under this Agreement. Such rights are personal to you. In the event Athletics determines you have in any way transferred your rights under this Agreement, Athletics may terminate this Agreement and/or your Priority Access. Athletics may transfer their rights under this Agreement at any time.
10. Termination. Athletics may terminate this Priority Access program at any time for any reason.

CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROGRAM OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE ATHLETICS MAY REMOVE ANY PARTICPANT(S) RESPONSIBLE FOR THE ATTEMPT AND ATHLETICS, MLB, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Changes to the Program. Athletics reserves the right to, in its sole discretion, cancel, modify, or suspend the Priority Access program and/or modify these terms at any time and for any reason without providing notice. Athletics may at any time vary, revise, amend, withdraw, substitute, add or remove any of the terms and conditions of this Agreement without notice to you. It is your responsibility to check these terms periodically for changes. The Athletics will endeavor to provide notice to you of such modifications, to be communicated through one or several methods as determined and selected solely by the Athletics. Changes to these terms and conditions shall be deemed effective as of their stated effective or modification date.
12. Release and Indemnity. By purchasing Priority Access, you expressly agree to forever waive, release, discharge, and covenant not to sue Athletics, and/or any of its past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners, assigns and employees of any owners or entity owners), employees, agents, attorneys, directors, officers, shareholders, contractors, successors, assigns and insurers (collectively “Athletics Related Parties”), for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, including, but not limited to, all those arising out of or in any way related to your purchase of Priority Access; these terms; the legality of these terms; the negligence of Athletics or any Athletics Related Party; any purchase of tickets at the Ballpark; any participation in the Priority Access program; and/or any presence at any MLB ballpark or on the field (collectively, the “Released Claims”). You represent and warrant that you own and/or have the authority to release the Claims stated herein expressly waives Section 1542 of the California Civil Code, which provides:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Further, by purchasing Priority Access, you expressly agree to at all times defend, hold harmless, and indemnify the Athletics and all Athletics Related Parties from and against any and all Claims of any kind or nature whatsoever (including reasonable attorneys’ fees and disbursements) arising out of or in any way related to the Released Claims, your acts or omissions and/or your breach of any term or condition set forth in this Agreement.

13. Choice of Law. These terms shall be construed and interpreted according to the laws of the state of California without regard to choice of law principles.
14. Arbitration Agreement. Unless prohibited by federal law or unless you reject this Arbitration Agreement in accordance with the procedures set forth below, as a condition of participating in the Priority Access program, you agree that any and all claims and disputes relating in any way to your purchase of Priority Access, this Agreement or the parties’ dealings with one another (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, shall be resolved through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.

In any claim or dispute to be resolved by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. If you bring a representative action under any statute wherein your rights to bring such representative action are deemed unwaivable (such as the California Private Attorneys General Act of 2004), you must bring such claims in arbitration. Other rights that you or we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You understand and agree that by agreeing to resolve all disputes through individual arbitration, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.

Arbitrations shall be administered by the American Arbitration Association (“AAA”) or JAMS pursuant to the applicable arbiter’s applicable rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling (800) 778-7879 or visiting www.adr.org and from JAMS at www.jamsadr.org. If AAA or JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing. The arbitration shall take place in Oakland, California or another location reasonably determined by the Athletics. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including but not limited to our employees, affiliated companies, assigns, vendors, service providers and agents.

You and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void as it pertains to representative actions. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH HEREIN. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within forty-five (45) days after the date you purchase Priority Access. You must send your request by writing to us atvegas@athletics.com or Athletics, Vegas Ballpark, 400 Ballpark Drive, West Sacramento, California 95691. The request must include your full name, address, and the state “I reject the Arbitration Agreement contained in my agreement to purchase Priority Access on MM/DD/YYYY.” If you exercise the right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration. If you reject arbitration or if an Arbitration Claim is not subject to arbitration under this Agreement, then you (a) consent to the exclusive jurisdiction of the courts in West Sacramento, California and waive any objections on such venue, including but not limited to any claims based on lack of personal jurisdiction or inconvenient forum; (b) agree that all claims must be brought on an individual basis; and (c) waive any right you may have to a trial by jury.

15. Warranties; Limitation of Liability. You acknowledge and agree that the 19.01 Priority Access program is being provided on an AS-IS basis and EXPRESSLY WAIVE ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

To the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than your actual out-of-pocket expenses, and you further waive all rights to have damages multiplied or increased.

16. Miscellaneous. A waiver by Athletics of any breach or default of this Agreement shall not be deemed to be a waiver of any other prior or subsequent breach or default of any provision of this Agreement. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.

This Agreement constitutes the entire, integrated agreement of the parties with respect to the subject matter of this Agreement. It is understood that there are no oral agreements between the parties affecting this Agreement and that this Agreement supersedes and cancels any and all previous negotiations, agreements, and understandings, if any, between the parties. There are no other representations or warranties between the parties and all reliance with respect to any representations is totally upon the representations contained in this Agreement. Each party’s obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other party, whether express, implied, in fact or in law.