PARK AT YOUR OWN RISK. THE OWNERS AND OPERATORS OF THE BUSCH STADIUM PARKING LOTS ARE NOT RESPONSIBLE FOR DAMAGE OR THEFT TO VEHICLES OR VEHICLE CONTENTS.
1) Terms and Conditions of Parking License
The following terms and conditions form the parking agreement (the “Agreement”) between St. Louis Cardinals, LLC (“Cardinals”) and the owner and operator (collectively, “Licensee”) of the vehicle (the “Vehicle”) for which Licensee pays a fee to park or is otherwise permitted to park at Lot A, Lot B or Lot C (as applicable, the “Parking Lot”), located near Busch Stadium, St. Louis, Missouri 63102 (the “Stadium”). By parking the Vehicle at the Parking Lot, Licensee acknowledges, accepts, and agrees to be bound by the terms and conditions set out herein (the “Agreement”).
Licensee is licensed the use of one (1) parking space in the Parking Lot for, as applicable: (a) the duration of and up to one (1) hour after the any associated same day event at the Stadium and/or Ballpark Village, located at 622 Clark Street, St. Louis, Missouri 63102 (as applicable, the “Event”) or, if no such event, (b) until 11:59PM of the same day. In no event is overnight parking permitted without the separate written permission of the Cardinals. The foregoing license is non-transferable, non-assignable and, unless otherwise stated herein, will terminate upon removal of the Vehicle from the Parking Lot.
2) Cause for Revocation of License
If Licensee is in breach of this Agreement, Licensee hereby grants Cardinals the right, without providing any advance written notice, to immediately terminate this Agreement and Licensee’s parking rights, assert a Parking Violation Fee (defined below), tow the Vehicle at Licensee’s expense and/or pursue any and all other remedies available to Cardinals by virtue of this Agreement and applicable laws, regulations or other governmental ordinances from time-to-time in existence.
3) Types of Vehicles Not Permitted at the Parking Lot
(a) Licensee agrees that the following types of motor vehicles are not permitted at the Parking Lot, and, notwithstanding any amount collected or paid, are not entitled to entry in or use of the Parking Lot:Commercial vehicles, recreational vehicle, boat, trailer, or camper with or without sleeping accommodations;
(b) Unlicensed, uninsured, abandoned or inoperable vehicles;
(c) Any vehicle that, in the opinion of Cardinals, poses any kind of hazard or has hazardous content; or
(d) Vehicles parked for the principal purpose (in the sole and exclusive judgment of the Cardinals) of promotional activities or advertising, or for any other purpose other than the parking of the Vehicle.
Notwithstanding the above, the owner and operator of a vehicle not permitted on the Parking Lot agrees to be subject to this Agreement to any extent such unpermitted vehicle enters upon the Parking Lot; except for the twenty-four (24) hour period established in Section 5(b) hereof, which will not apply. The Cardinals are entitled to immediately remove any unauthorized vehicle in the sole and exclusive discretion of the Cardinals.
4) Rules applicable to Vehicles in Parking Lot
Licensee agrees to strictly follow all of the following rules are applicable to the Parking Lot:
(a) The Vehicle must be operated in accordance with applicable federal, state, city or any other applicable laws and regulations.
(b) Except in the event of an emergency, Licensee is not permitted to conduct repairs or maintenance of any kind to any vehicle in any area of the Parking Lot.
(c) Licensee may not use any area of the Parking Lot for washing the Vehicle,
(d) Licensee may not project music from any sound system,
(e) Licensee may not have barbecues, or other tailgating
(f) Storage of gasoline or other combustible materials, or storage of other materials which may result in odor or infestation problems in and about the Vehicle, other than in the fuel tank thereof, is prohibited.
(g) Licensee must park or relocate the Vehicle where directed by a Parking Lot attendant, if applicable.
(h) Licensee may not park the Vehicle in more than one parking space at the same time.
(i) Licensee may not, with the Vehicle or otherwise, block or impede any entrance to or exit from the Parking Lot, or any pay and display machines or parking meters.
(j) Licensee may not park in any designated accessible (wheelchair) spaces without the bona fide use and display of a currently valid permit issued by an appropriate governmental authority.
(k) Licensee shall keep the Vehicle locked and secure at all times while it is parked on the Parking Lot.
(l) Licensee may not keep any unaccompanied children or pets in the Vehicle.
(m)Licensee is also subject to any and all additional terms and conditions displayed on the signage of the Parking Lot and are subject to any and all of the rules and regulations of Cardinals.
(n) Licensee must follow the instructions of Cardinals personnel or authorized contractors attending to the Parking Lot.
5) No Long Term Parking; Parking Violation Fees
(a) Licensee agrees that the Cardinals may assess an additional charge (a “Parking Violation Fee”) if Licensee causes the Vehicle (i) to overstay the permitted time period during which the Vehicle is permitted in the Parking Lot, and/or (ii) violates any of the rules of the Parking Lot set forth herein. The amount of a Parking Violation Fee will be established in the sole and exclusive discretion of the Cardinals, taking into account the duration of the overstay or seriousness of the breach of rules; provided, however, the Parking Violation Fee will not exceed twice the maximum amount charged on the day of the Event (or applicable day, if no Event is applicable) for and overstay or each instance of a rule violation, cumulatively.
(b) A Vehicle that has remained parked on the Parking Lot and unused for a period greater than twenty-four (24) hours may be presumed abandoned. The Cardinals may remove any abandoned vehicle and dispose of it in accordance with applicable law, at Licensee’s cost. Licensee agrees to be responsible for all Parking Violation Fees, costs of towing and storage of the Vehicle, including, as applicable, costs and fees charged by the tower and storage lots.
6) No Refunds
Once the Vehicle has entered the Parking Lot, Licensee will not be entitled to a refund or an exchange or credit for any other date, including, without limitation, if an Event scheduled to take place on the same time/date is canceled or postponed due to rain, other inclement weather conditions, schedule change, or any other reason.
7) WAIVER AND RELEASE OF LIABILITY
Cardinals and the Related Parties (defined below) assume no responsibility and shall have no liability whatsoever, and Licensee hereby waives, releases, discharges, holds harmless, and covenants not to sue the Released Parties from any property damage, personal or bodily injury, death, loss or damage of any other nature whatsoever including any loss or damage relating to the Licensee’s presence at the Parking Lot and/or the Vehicle or its contents that may arise due to fire, theft, collision, vandalism, removal or relocation of the Vehicle, negligence or gross negligence of any one or more of the Released Parties or any other cause (collectively, the “Released Claims”). Licensee may not make any claim or take any proceedings against any other person in respect of the claims hereby released who might claim contribution from or be indemnified by any one or more of the Released Parties. All of Licensee’s property kept on the Parking Lot will be so kept at Licensee’s sole risk and Licensee shall indemnify and save harmless the Released Parties from any claims arising out of any damage to such property including, without limitation, any subrogation claims by Licensee’s insurers.
In no event shall any of the Released Parties be liable for consequential, punitive, special, exemplary or indirect damages under this Agreement. 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 presence of Licensee and/or the Vehicle at the Parking Lot . 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.
“Released Parties” is a defined term for (a) the Cardinals, (b) the Cardinals’ respective past, present and future Licensees, contractors, sponsors, and vendors, and all of their successors and assigns, (c) all other MLB Entities (defined below), (d) Cardinals Ballpark, LLC, (e) Great Rivers Greenway, and (f) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities (subsections (a) through (e), collectively). “MLB Entities” is a defined term for, collectively, all Major League Baseball clubs (the “Clubs”), MLB Advanced Media, L.P., the Office of the Major League Commissioner (BOC), Major League Baseball Properties, Inc., the MLB Network, LLC, and each of their respective parent, subsidiary, affiliated and released entities, any entity which now, or in the future, controls, is controlled by, or is under common control of the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
Licensee agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, causes of action, losses, damages, liabilities, costs and expenses (including reasonable attorney fees and costs and expenses of litigation) arising out of or in connection with (a) any breach or alleged breach of the Agreement by Licensee, (b) the negligence or any other wrongful conduct on Licensee’s part or anyone for whom Licensee is responsible, (c) any claim arising our of or relating to the presence of the Vehicle at the Parking Lot.
9) Mandatory Arbitration Agreement and Class Action Waiver
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION FOR DISPUTES IN CONNECTION WITH THE EVENT OR THE AGREEMENT (the “Arbitration Agreement”). Unless prohibited by federal law, Licensee and the Cardinals agree to arbitrate, through binding arbitration, the following in accordance with this Arbitration Agreement (collectively, “Arbitration Claims”): (a) all claims or disputes relating in any way to (i) the Agreement, (ii) Licensee’s use of and/or Vehicle’s presence at the Parking Lot, including, without limitation, claims of bodily injury, death, or property damage arising out of Licensee’s presence on or about the Parking Lot, and (iii) the validity, scope or enforceability of this Arbitration Agreement, and (b) any and all claims against any of the Released Parties or in connection with any Released Claim. This Arbitration Agreement involves interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. ch. 1 (“FAA”), and not by state law.
In connection with any Arbitration Claim to be resolved by arbitration hereunder, neither Licensee nor the Cardinals will be able to have a court or jury trial decide any such Arbitration Claims or participate in a class action or class arbitration relating to such Arbitration Claims. Other rights that Licensee and the Cardinals would have in court will not be available or will be more limited in arbitration, including the right to appeal. Licensee and the Cardinals each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH PARTY IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND ALL DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations subject to this Arbitration Agreement will be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. Licensee may obtain information about arbitration, arbitration procedures, and fees from JAMS by calling (800) 352-5267 or visiting www.jamsadr.com. If 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 or that is appointed pursuant to Section 5 of the FAA. The arbitration will take place in the City of St. Louis, Missouri. The arbitration will be presided over by a single arbitrator, who will be selected in accordance with the rules that, as specified above, will govern the arbitration. The arbitrator will be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Licensee and the Cardinals alone, except as otherwise specifically stated herein. The arbitrator will award the costs and fees of the arbitration, including reasonable attorney and expert witness fees, to the prevailing party. The arbitrator’s decision will be final and binding. This Arbitration Agreement will take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
Notwithstanding any other provision herein: (a) Licensee may seek relief for Arbitration Claims in the Small Claims Division of the Circuit Court of the City of St. Louis, Missouri (the “City Small Claims Division”), for Arbitration Claims that otherwise meet the jurisdictional requirements of the City Small Claims Division, (b) Licensee and the Cardinals each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so, (c) if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement will be void, and (d) any Released Party subject to an Arbitration Claim by Licensee may elect to opt out of any proceeding in accordance with this Arbitration Agreement as to claims against such Released Party in the sole discussion of the applicable Released Party. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
Prior to bringing a claim under this Arbitration Agreement, the claimant must give the other party or parties written notice of the Arbitration Claim (“Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to the Cardinals must be sent by mail to St. Louis Cardinals, LLC, Attn: Legal Department, Re: Busch Stadium Parking Claim Notice, 700 Clark Street, St. Louis, MO 63102. Any Claim Notice must: (a) identify the persons making the claim and, if applicable, the parent or guardian of any such person (the “Claimant”) by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.
The Agreement is governed by the laws of the State of Missouri, except the agreement to arbitrate, which is governed by the FAA. The parties stipulate that all claims and disputes between the parties not resolved in accordance with the Arbitration Agreement is exclusively subject to adjudication in a court located in the City of St. Louis, Missouri, including, without limitation, claims to enforce the Arbitration Agreement or any relief granted to a party pursuant to the Arbitration Agreement or in accordance with the FAA. Except as otherwise provided hereunder, in the event any provision of this Agreement or the application of any such provision is held to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and all previous agreements, discussions, communications and correspondence are superseded by the execution hereof.
The Cardinals reserve the right to and may change the terms of the Agreement at any time, without notice, prior to the Event, and Licensee’s use of the Parking Lot after such change is published will mean that Licensee accepts such change(s). Licensee will be solely responsible for reading and understanding the Agreement before using the Parking Lot.
This Agreement is a license agreement and not a lease. No bailment is created hereunder and the Cardinals shall not be deemed to have custody, care and/or control of the Vehicle or any other motor vehicle in the Lot. The Cardinals may not, and is under no obligation to, furnish any guard or security service in and about the Parking Lot. The Cardinals are not responsible for the negligence or willful misconduct, including the criminal acts, of individuals not directly employed by, contracted with the Cardinals (collectively, “Non-Parties”). Licensee assumes all such risks associated by such Non-Parties.
Licensee shall not assign, sublet or otherwise transfer the license or any rights or privileged granted to Licensee hereunder.
In the event that any provision of this Agreement shall be deemed invalid or unenforceable, then such provision shall be deemed stricken from the Agreement and the remaining provisions hereof shall continue in full force and effect.
Cardinals strongly urge you not to leave valuables in the Vehicle at any time, and to lock Licensee’s Vehicle.