Long Form Ticket Back Language (Postseason)

2022 MAJOR LEAGUE BASEBALL POSTSEASON

TICKET TERMS & CONDITIONS

IMPORTANT: YOUR TICKET IS A REVOCABLE LICENSE WHICH LIMITS HOLDER’S LEGAL RIGHTS**;**HOLDER VOLUNTARILY ASSUMES RISK OF ILLNESS/INJURY; THE MLB ENTITIES ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS; ALL EVENT TIMES ARE SUBJECT TO CHANGE; AUTHORIZED RE-ENTRY ONLY**.**

By purchasing, accepting or using a ticket (“Ticket”) to the Event (as defined below) at Progressive Field (together with its surrounding grounds and parking areas, the “Ballpark”), Ticket holder (“Holder”), on their own behalf and on behalf of any accompanying minor (collectively, “Holder”), agrees to the following terms and conditions (the “Agreement”), which contains an AGREEMENT TO ARBITRATE And A class action waiver. The Office of the Commissioner of Baseball (“BOC”) may change the terms of this Agreement at any time, without notice (“Agreement Updates”), and Holder’s use of this Ticket after Agreement Updates are posted at www.mlb.com/postseasontickets will mean that Holder accepts such Agreement Updates. Holder is solely responsible for reading and understanding the Agreement before using this Ticket.

Holder agrees that: (a) Holder will not 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 baseball game or event at the Ballpark to which the Ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-game, post-game or between-inning activities, promotions, concerts or competitions offered in connection with the baseball game or event at the Ballpark (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) the BOC or MLB Advanced Media, L.P. (“MLBAM”), as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (c) the BOC, Major League Baseball Properties, Inc., MLBAM, The MLB Network, LLC, each of the Major League Baseball Clubs, including the Cleveland Guardians Baseball Company, LLC (“Club”), and each of their respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners (collectively, the “MLB Entities”) and certain current and future sponsors and licensees of such MLB Entities will have the unrestricted right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights 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 MLB Entities are assignable.

Holder, on their own behalf and on behalf of any Accompanying Parties (as defined at the conclusion of this paragraph), (a) consents to security searches, screenings and/or inspection of Holder’s and/or any Accompanying Parties’ person, bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks, pat down search, or otherwise; and (b) acknowledges and agrees to comply with (i) all relevant policies and protocols issued by any MLB Entity and/or the Ballpark owner/operator, including, without limitation, any MLB and/or Ballpark policies and protocols regarding security, bags, fan conduct and health and safety (each, an “MLB Policy” and collectively, the “MLB Policies”), all of which may be updated from time to time between purchase of the Ticket(s) and the Event date, and (ii) all current guidance of the Centers for Disease Control and Prevention and all applicable laws, orders and policies of federal, state, city and local authorities. Holder acknowledges that the MLB Entities have no liability for Holder’s and/or any Accompanying Parties’ person or property. An “Accompanying Party” is any person accompanying Holder to an Event for whom Holder retains a Ticket for the person (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable Agreement terms) (collectively, the “Accompanying Parties”).

Each Ticket to an Event at the Ballpark is a limited, revocable license (the “Revocable License”) granted by the MLB Entities to attend the Event listed on the applicable Ticket. The MLB Entities reserve the right to terminate the Revocable License granted by the Ticket(s) prior to the time the Event actually takes place by tendering to Holder the purchase price printed on the Ticket(s). Further, the MLB Entities reserve the right, without refund of any portion of the purchase price, to revoke the Revocable License granted and refuse admission or eject any person (a) who violates the terms of the Agreement or the terms and conditions of the Club with respect to Ticket purchases or usage that are presented at the time of purchase not otherwise specifically enumerated herein; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by any of the MLB Entities to be improper, disorderly or unbecoming; (d) who uses vulgar, derogatory or abusive language; or (e) who, in the sole judgment of the MLB Entities, is engaging in activity or causing a disturbance prohibiting attendees at the Event from enjoying the Event.

Holder assumes all risk associated with the purchase of the Ticket(s) from anyone other than the BOC, MLB Entities, or their designated agents. The MLB Entities are not responsible for lost, stolen or duplicated tickets. The Ticket(s) may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the BOC. No offer to resell or resale of the Ticket(s) is permitted to the extent prohibited by any applicable federal, state or local law or regulation, or any policy of the MLB Entities, including but not limited to the Club’s Ticket Transfer Restrictions specifically set forth below. Any offer to resell or resale that violates such will invalidate the Revocable License granted by the Ticket(s).

CLUB’S TICKET TRANSFER RESTRICTIONS

Each Holder expressly acknowledges and agrees that Tickets to an Event at the Ballpark are sold for the purpose of permitting a Holder or any subsequent Holder receiving a Permitted Transfer of such Ticket to attend the Event represented by the Ticket. As such, Holder acknowledges to the Club that non-permitted Transfers of Tickets (the “Ticket Transfer Restrictions”) may terminate the Revocable License granted for the usage of the Ticket or constitute a basis for the seizure or cancellation of the Ticket without refund or other compensation.

For purposes of these Ticket Transfer Restrictions the following defined terms shall apply:

  1. Transfer(s)” shall mean any transfer of possession or use of a Ticket(s) by a Holder to a third party (in each instance whether such third party is a person or entity).
  2. Permitted Transfer” shall mean a Transfer that is authorized by or specifically exempted from these Ticket Transfer Restrictions.
  3. Non-Permitted Transfer” shall mean a Transfer specifically prohibited or determined by the Club to be unauthorized under these Ticket Transfer Restrictions.
  4. Resale”, “Resell” or “Reselling” shall mean any Transfer of Ticket(s) in exchange for money or any other thing of value.
  5. Excess Value” shall mean the monetary value derived from the Resale of Ticket(s) in excess of (i) the price established by the MLB Entities or the Club when such Ticket(s) were sold or distributed by the Club, including any tax, service or convenience fees/charges charged by the Club and (ii) fees charged to the Holder by the StubHub Ticket exchange (“StubHub”) in connection with such Resale transaction. Any Holder who needs assistance in determining the actual price of a Ticket may contact the Club to obtain such information.
  6. Broker Activity” shall mean any activity by an individual or entity who purchases or otherwise acquires Ticket(s) with the purpose or intent, as determined by the Club in its sole discretion, to: (i) Resell the Ticket(s), with the intent to realize Excess Value, or (ii) Resell or use the Ticket(s) in a manner that the Club determines violates Club policies.

By the acceptance, possession or use of a Ticket, each Holder of such Ticket (regardless of whether such Holder is the original purchaser or an acquirer of the Ticket from a third party), acknowledges and agrees to the following:

  1. Any Broker Activity involving Ticket(s), as determined in the sole discretion of the Club, is a Non-Permitted Transfer unless specifically approved by the Club, and shall constitute a basis for (i) termination of the Revocable License granted by the Ticket, (ii) the seizure, cancellation or refusal to accept the Ticket without refund or other compensation, and/or (iii) termination of the Revocable License granted for all Tickets that are controlled by or affiliated with such Holder or individuals/entities determined by the Club to be associated with such Holder.
  2. Any Resale or attempted Resale of Ticket(s) by a Holder on a publicly available, secondary ticket marketplace shall occur exclusively on StubHub and is accessible at www.cleguardians.com or www.stubhub.com. Any Resale or attempted Resale of Ticket(s) on a publicly available, secondary ticket marketplace other than StubHub is a Non-Permitted Transfer and may constitute a basis for (i) termination of the Revocable License granted by the Ticket, (ii) the seizure, cancellation or refusal to accept the Ticket without refund or other compensation, and/or (iii) termination of the Revocable License granted for all Tickets that are controlled by or affiliated with such Holder or individuals/entities determined by the Club to be associated with such Holder without refund or other compensation.
  3. Any Resale or attempted Resale of Ticket(s) inside the Ballpark is prohibited, and any person who Resells or offers Ticket(s) for Resale at any price inside the Ballpark will be removed from the Ballpark and may be prosecuted.

For the avoidance of doubt with respect to the application of these Ticket Transfer Restrictions, the following are considered to be Permitted Transfers:

  1. Ticket Transfer activity involving the exchange of Ticket(s) among family members, friends, or ticket partnership groups without realizing Excess Value regardless of the frequency of the Transfers.
  2. Ticket Transfer activity connected with the use of Ticket(s) for any charitable or non-profit purpose.
  3. The Resale of Ticket(s) on StubHub where the purpose for the sale, as determined by the Club in its sole discretion, was unrelated to Broker Activity.

Notwithstanding the provisions of these Ticket Transfer Restrictions with respect to Broker Activity, certain Holders may be permitted to engage in Broker Activity. If a Holder is permitted by the Club to engage in Broker Activity, the Holder and all other parties deemed necessary by the Club (collectively the “Broker Parties”) must agree to be bound by certain additional terms and conditions, set forth in a separate agreement, in writing, between the Club, Holder and the Broker Parties.

COVID-19 NOTICE:

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 (AS DEFINED BELOW), AGREES TO (A) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (B) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF BOC AND THE BALLPARK OWNER/OPERATOR.

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 ten (10) 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 airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.

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 and voluntarily 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, on behalf of Holder and any Related Parties (as defined at the conclusion of this paragraph) both now and in the future, that Holder understands and expressly assumes the risk that Holder and/or any Accompanying Parties 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, on their own behalf and on behalf of any Accompanying Parties, that any interaction with the general public poses an inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder and/or any Accompanying Parties 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. “Related Parties” are any Accompanying Parties as well as Holder’s and any Accompanying Parties’ personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on their behalf.

ASSUMPTION OF RISK OF PERSONAL INJURY, ILLNESS AND/OR PROPERTY DAMAGE

Holder recognizes that attendance of Holder and any Accompanying Parties at the Event is voluntary and may result in personal injury (including illness and death) and/or property damage and agrees to abide by all MLB Policies and to stay alert and remain aware of Holder’s surroundings. By using the Ticket or by attending, observing or participating in the Event, Holder**, on their own behalf and on behalf of any Related Parties,** acknowledges and assumes all risks and dangers associated with**:** (i**) being a spectator**before, during, and after an Event and**/or** (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 but not** limited to 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. Holder, on their behalf and on behalf of any Related Parties, agrees that the Released Parties (as defined at the conclusion of this paragraph) will not be responsible for any personal injury (including illness or death), property damage, or other loss suffered as a result of (x) Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event and/or (y) the sole, joint, or comparative negligence, or strict liability, of the Released Parties (collectively, the “Spectator Claims”). “Released Parties” are: (i) the MLB Entities (including, but not limited to the Club), (b) the MLB Entities’ respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) all other Major League Baseball related entities, (d) Gateway Economic Development Corporation of Greater Cleveland (“Gateway”), (e) any local or state governmental body associated with the Ballpark, (f) the Ticket manufacturer and/or provider, and (g) 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.

GENERAL RELEASE OF LIABILITY AND COVENANT NOT TO SUE

ON THEIR OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, HOLDER 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: (I) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (a) ALL SPECTATOR CLAIMS; (b) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTIES, OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTIES; (c) ALL CLAIMS IN CONNECTION WITH ANY SECURITY SEARCHES OR SCREENINGS OF, OR THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO, HOLDER AND/OR ANY ACCOMPANYING PARTIES; AND/OR (d) ALL CLAIMS 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 OR ANY ACCOMPANYING PARTIES FROM THE EVENT APPEAR (COLLECTIVELY, THE “RELEASED CLAIMS”).

FOR CALIFORNIA RESIDENTS: This Agreement has been executed by Holder with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect. Holder intends to relinquish all claims against the Released Parties, whether or not known or suspected, and expressly waives any and all rights and benefits conferred upon Holder by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads: “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 “Affected Provision”), the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable and the Affected Provision shall be enforced to the maximum extent permitted by law.

BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON THEIR OWN BEHALF AND ON BEHALF OF ANY RELATED 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)** AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER**, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF**: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN**; AND/OR (B) SUCH OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT.** ** IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF**: (I) SUCH MINOR(S), HOLDER SHOULD IMMEDIATELY**LEAVE THE BALLPARK WITH** THOSE MINOR(S**); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE BALLPARK. **

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) the Released Claims, (ii) Holder’s and/or any Accompanying Parties’ acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.

HOLDER AGREES THAT THE INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED HEREIN ARE WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OF ANY RELEASED PARTY, STRICT LIABILITY, LATENT, PATENT, OR PRE-EXISTING DEFECTS OR CONDITIONS, AND INCLUDING ANY CLAIMS ARISING OUT OF INGRESS, EGRESS, LOADING AND UNLOADING OF PERSONNEL OR CARGO.

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.

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER**(“ARBITRATION AGREEMENT”)**

The MLB Entities care deeply about maintaining good relationships with fans. If you or any of your Accompanying Parties have a problem with your Ticket(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 MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase and/or acceptance or Holder’s or any Accompanying Parties’ use of the Ticket(s), Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of illness (including COVID-19 or other Communicable Disease), bodily injury or property damage arising out of Holder’s and/or any Accompanying Parties’ 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 MLB Entities 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 MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the MLB Entities each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH ARE 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 in accordance with its then-existing comprehensive arbitration rules and procedures. Information about arbitration, arbitration procedures and fees may be obtained 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 shall take place in the City of Cleveland, Ohio. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. 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 MLB Entities 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, any Accompanying Parties, Related Parties and/or Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

The MLB Entities 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 MLB Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the MLB Entities 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 Arbitration Agreement, you must notify us by mailing a written opt-out notice, postmarked within thirty (30) days after the date of the Event. You must send your request to: Major League Baseball, Attn: Legal Department, Re: Ticket Arbitration, 1271 Avenue of the Americas, New York, NY 10020. The request must include your full name, address 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 bringing a claim 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 thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the MLB Entities shall be sent by mail to Major League Baseball, Attn: Legal Department, Re: Ticket Claim Notice, 1271 Avenue of the Americas, New York, NY 10020. 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) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER**, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF**: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN**; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT.** ** IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF**: (I) ANY MINOR**(S),** HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THOSE MINOR(S**); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE BALLPARK.**

TICKET REFUND POLICY

Retain possession of the Ticket until the Event has concluded. The Ticket cannot be replaced if lost, stolen or destroyed. The Ticket is good only for the particular Event indicated on the Ticket, and no part of the purchase price will be refunded by reason of the failure of Holder to use it for the Event.

Policy for Resumed or Rescheduled Events: Should the Event be postponed or otherwise not completed, the 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 BOC. No part of the purchase price will be refunded by reason of the failure of the Holder to use the Ticket on such rescheduled or resumed date or dates.

Policy for Unplayed Events: In the event that the series for which this Ticket is issued concludes before the date on which the Event was scheduled to occur (“Unplayed Event”), the following policies shall apply:

  1. for Cleveland Guardians season ticket holders (“Season Ticket Holders”): If one (1) of more Postseason games have been played at the Ballpark, any future Unplayed Events, as part of a strip, will be credited towards the 2023 season (credit will not include transaction fees). If no Postseason games are played at the Ballpark, all funds, including fees, will be returned to the payment form used for purchase.
  2. for non-Season Ticket Holders or single game Postseason purchases: a refund will be issued to the payment form used for payment of the tickets, less any convenience or processing fees associated with the ticket purchase. No credits will be issued and the ticket will have no cash value.
  3. For tickets issued through Major League Baseball’s central office, broadcast partners or participating or non-participating Clubs: a refund will automatically be posted to the payment form used for payment of the ticket. No credits will be issued and the ticket will have no cash value.

For more information please visit www.cleguardians.com or call 216-420-HITS.

Policy for Cancelled or Impacted Events: Due to the evolving nature of the COVID-19 pandemic, MLB may be required to (a) cancel or suspend an Event and not reschedule or resume it, (b) cancel or suspend an Event and reschedule or resume it in a different locale or (c) hold an Event without fans, or with limited fans, in attendance (each, a “COVID-19 Suspension”). If an Event is subject to a COVID-19 Suspension that prevents Holder from using this ticket, a refund will automatically be posted to the payment card used for payment of the ticket. No credits will be issued and the ticket will have no cash value.

BALLPARK RE-ENTRY POLICY

Holder may exit and re-enter Progressive Field only through a dedicated gate located at the Left Field District entry gates. Holder’s Ticket will be scanned upon exit. To re-enter the Ballpark, Holder must present the Ticket to be re-scanned and re-submit to all security protocols. If a gate giveaway is taking place, Holder’s ticket shall be marked so that multiple giveaway items cannot be received. Holder is encouraged to visit www.cleguardians.com for a complete explanation of Ballpark entry/exit privileges.

Commissioner Robert D. Manfred, Jr.

Copyright 2022, Office of the Commissioner of Baseball. All rights reserved.