IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT
By using this ticket, ticket holder (“Holder”), on his/her own behalf, on behalf of any minor accompanying Holder to the Event (defined below) (“Minor(s)”) and on behalf of 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) (“Accompanying Party(ies)”), agrees to the following terms and conditions (the “Agreement”) which contains an AGREEMENT TO ARBITRATE And A class action waiver. The Chicago Cubs Baseball Club, LLC (“Cubs”) may change the terms of the Agreement at any time, without notice, and Holder’s use of this ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using this ticket and/or those of Minor(s) and/or Accompanying Parties:
Holder agrees that: (a) neither Holder, Minor(s) nor Accompanying Parties will transmit or aid in transmitting, other than for personal, non-commercial use, any information about the event to which this ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-Event, post-Event or between-inning activities, promotions or competitions offered in connection with the Event (collectively, the “Event) including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively, the “Event Information”); (b) neither Holder, Minor(s) nor Accompanying Parties will transmit or aid in transmitting any photographs, images, videos, audio, livestreams or other accounts or descriptions (including play-by-play data) (whether text, data or visual), in any media, of all or any part of the Event or related events, without the express written consent of the Cubs; (c) the Cubs and/or third-party event promoter, as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (d) the Cubs and certain of its current and future sponsors, designees and licensees of Cubs will have the unrestricted and royalty free right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of Minor(s) and Accompanying Parties in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein to the Cubs are assignable.
Holder (i) consents to allowing the Cubs to inspect Holder’s, Minor(s)’ and/or Accompanying Parties’ person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise, and (ii) acknowledges and agrees that Holder, Minor(s) and/or Accompanying Party(ies) may be denied entry to or ejected from the Event if Holder, Minor(s) and/or Accompanying Party(ies) is/are in possession of any item or object the Cubs consider potentially dangerous, hazardous, prohibited, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder, Minor(s) and/or Accompanying Party(ies) and waives any claims that Holder, Minor(s) and/or Accompanying Party(ies) might have against the “Released Parties” (as defined herein). Holder acknowledges the Cubs have no liability for Holder’s, Minor(s)’ and/or Accompanying Party(ies)’ person or property.
The Cubs reserve the right to terminate the license granted by this ticket and/or those of Minor(s) by tendering to Holder the purchase price printed on this ticket and/or those of Minor(s). Further, the Cubs reserve the right, without refund of any portion of the purchase price, to revoke the license granted by this ticket and/or those of Minor(s) and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct violates the applicable guest Code of Conduct or is deemed by any employee, contractor or agent of the Cubs to be improper, disorderly or unbecoming; (d) who uses vulgar or abusive language or (e) who gains admission or attempts to gain admission to Ballpark by using a photograph or screenshot of a ticket.
ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE CUBS ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Holder, on their behalf and on behalf of any Minor(s) and/or Accompanying Party(ies), assumes all risk associated with the purchase of this ticket and/or those of Minor(s) or Accompanying Party(ies) from anyone other than Cubs or its designated agents. Neither this ticket nor those of Minor(s) or Accompanying Party(ies) may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Cubs. Photographs and/or screenshots of tickets will not be accepted for entry at Ballpark. No offer to resell or resale of this ticket and/or those of Minor(s) or Accompanying Party(ies) is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any resale referenced above will invalidate the license granted by this ticket and/or those of Minor(s) or Accompanying Party(ies). Neither this ticket nor those of Minor(s) or Accompanying Party(ies) may be resold or offered for resale by anyone other than Cubs or its designated agents inside Wrigley Field and its surrounding areas, including parking lots (the “Ballpark”), and any person who sells or offers this ticket, those of Minor(s) and/or Accompanying Parties for resale at any price inside the Ballpark will be removed from the premises and may be prosecuted. Holder, on their behalf, and on behalf of any Minor(s) and/or 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; WAIVER, RELEASE OF LIABILITY AND COVENANT NOT TO SUE
Holder, on their behalf and on behalf of any Minor(s) and/or Accompanying Parties, (i) recognizes that attendance of Holder, any Minor(s) and/or Accompanying Parties at the Event is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of his/her surroundings and the surroundings of Minor(s) and/or Accompanying Parties; and (ii) 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, any Minor(s) and/or any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. By using this ticket or by attending, observing or participating in the Event, Holder acknowledges and assumes all risks and dangers associated with Holder, Minor(s) and/or Accompanying Parties (i) being a spectator before, during, and after a baseball game or other Event (including all warm-ups, practices, pre-Event, post-Event and between-inning activities, promotions and competitions) (ii) attending, observing or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by thrown bats; bat fragments; thrown or batted balls; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators; and (iii) being exposed to COVID-19 or other Communicable Disease (as defined below). 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, Minor(s) 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. Holder agrees that (a) the Cubs, (b) the Cubs’ respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) the MLB Parties (as defined below); (d) all other Major League Baseball related entities, (e) the Ballpark and the owners, operators and/or landlords thereof, (f) any local or state governmental body associated with the Ballpark, (g) the Chicago Cubs Charities, (h) the Mesa Hohokams, (i) the City of Mesa, AZ, (j) the ticket manufacturer and/or provider, and (k) 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 (k), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder’s and/or Minor(s)’ (x) participation in, attendance at, and/or observation of the Event and/or (y) the negligence of any of the Released Parties (collectively, the “Released Claims”). Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder, Minor(s) or Accompanying Parties from the Event appear. The “MLB Parties” are used herein are 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.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S) AND/OR ANY ACCOMPANYING PARTIES, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).
Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder’s, Minor(s)’ and/or Accompanying Parties’ attendance at, observation of, and/or participation in the Event, (ii) Holder’s, Minor(s)’ and/or Accompanying Parties’ acts or omissions, or (iii) Holder’s, Minor(s)’ and/or Accompanying Parties’ breach of any of the terms, conditions or representations made in the Agreement.
ENTERING THE PLAYING FIELD, DISRUPTING AN EVENT AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH AN EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES
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 MINOR(S) AND 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 AND THE BALLPARK OWNER/OPERATOR.
Holder, on their behalf and on behalf of any Minor(s) and Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Cubs and/or Ballpark, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at cubs.com/COVID-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, Minor(s) 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, Minor(s) 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.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER, MINOR(S), ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, 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, MINOR(S), ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR(S) OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER, MINOR(S) OR ANY ACCOMPANYING PARTY.
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.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
The Cubs care deeply about maintaining good relationships with fans. If you have a problem with your ticket and/or those of Minor(s) or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Holder and the Cubs agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of this ticket and/or those of Minor(s), Holder’s and/or Minor(s)’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Holder’s and/or Minor(s)’ attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, 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 Arbitration Claim to be resolved by arbitration, neither Holder nor the Cubs will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the Cubs would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Cubs each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL 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 shall be administered by JAMS pursuant to the applicable JAMS rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 800-352-5267 or visiting 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 shall take place in the city where the Ballpark is located. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the Cubs alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. 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, Minor(s) and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The Cubs will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the Cubs may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Cubs 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 the 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. 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 the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within fourteen (14) days after the date of the Event. You must send your request to: Chicago Cubs Baseball Club, LLC, Attn: Office of the General Counsel, Re: Arbitration Opt Out, 1060 West Addison Street, Chicago, IL 60613. The request must include your full name, address, e-mail address, section, row, seat and account number (if applicable) and the statement “I reject the Arbitration Agreement contained in my Event Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to the Cubs shall be sent by mail to Chicago Cubs Baseball Club, LLC, Attn: Office of the General Counsel, Re: Arbitration Claim, 1060 West Addison Street, Chicago, IL 60613. Any Claim Notice must (a) identify 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.
IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).
Retain possession of this ticket until the Event has been played. This ticket cannot be replaced if lost, stolen or destroyed.
This ticket is good only for this particular Event and no part of the purchase price will be refunded by reason of the failure of Holder to use it for this Event.
Should the Event not be played or otherwise completed, this ticket will admit the Holder on the date or dates on which such Event is rescheduled or resumed, as may be announced in the sole discretion of the Cubs. No part of the purchase price will be refunded by reason of the failure of the Holder to use this ticket on such rescheduled or resumed date or dates.
REFUND POLICY FOR NON-OCCURRING EVENTS
In the event that the Event for which this ticket is issued does not occur, a refund or credit will be issued according to the refund policy available at cubs.com.
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