Ticket Policies

Infield Box Rules and Regulations. Licensee’s access to and use of the Infield Box shall be subject to all rules, regulations and policies adopted by Manager pertaining to the use of Infield Boxes and attendance at Ballpark Events, including but not limited to the Infield Box Rules and Regulations attached hereto as Exhibit B (the “Rules and Regulations”), which may be modified or amended by Manager from time to time, and any terms and conditions governing Admission Tickets to Ballpark Events, available at https://www.mlb.com/guardians/tickets/info/ticket-policies, which may also be modified or amended by Manager from time to time.

Use of the Infield Box shall also be subject to any and all safety and public health restrictions or requirements (“Public Health Regulations”). Infectious and/or communicable diseases, viruses, bacteria, or illnesses may also be extremely contagious and can lead to severe sickness and death. An inherent risk of exposure to diseases, viruses, bacteria and illnesses exists in any public place regardless of precautions that may be taken. By using an Admissions Ticket to access the Baseball Facility, each ticketholder agrees to assume all risks associated with infectious and/or communicable diseases, viruses, bacteria or illnesses, and agrees to all other terms and rules set forth at https://www.mlb.com/guardians/tickets/info/ticket-policies

Access and Use by Licensee. Licensee and Licensee’s guests shall be entitled to use the Infield Box pursuant to the terms set forth in the Infield Box License and Ticket Agreement (“Agreement”). Access to the Infield Box shall be controlled by, and shall require the presentation by each person using the Infield Box of, an Admission Ticket thereto. Subject to any Public Health Regulations, Licensee shall have the right to enter the Infield Box one and one-half (1½) hours before the announced starting time for each Ballpark Event or consistent with the opening of the Ballpark Facility’s main gate, if different. Licensee shall vacate the Infield Box no later than one-half (½) hour after the conclusion of the Ballpark Event. In addition, Licensee may be given access to the Infield Box at other times (other than the time of a Ballpark Event or other event being held at the Ballpark Facility), upon written request approved by Manager in its sole and absolute discretion. If such request is approved, Manager may impose on Licensee such other terms and conditions as Manager in its sole and absolute discretion may require, including any Public Health Regulations. Licensee and Licensee’s guests shall be bound by and shall observe the terms and conditions upon which Admission Tickets to the Ballpark Facility are issued by Manager, the Commissioner of Major League Baseball, or by the promoter of any Special Event entitled to issue such Admission Tickets—available at https://www.mlb.com/guardians/tickets/info/ticket-policies, which may also be modified or amended by Manager from time to time— including, without limitation, the policy/policies adopted by the issuer of such Admission Tickets with respect to the postponement of the Ballpark Event to which such Admission Tickets pertain.

Access by Manager. Manager and its officers, agents, employees, licensees and representatives shall be entitled to have access to the Infield Box on such occasions and to such extent as Manager, in its sole and absolute discretion, shall deem necessary or appropriate for the proper performance of the duties and obligations required or contemplated to be performed and observed by Manager hereunder, including but not limited to any duties and/or obligations necessary to implement or apply any Public Health Regulations.

Alterations. Licensee shall not make any changes to the Infield Box’s interior or exterior (including any changes to fixtures, furnishings, equipment or decor), without first having submitted a written request for, and having obtained the written approval of Manager, which approval may be granted or withheld by Manager in its sole and absolute discretion. Any such changes permitted by Manager shall be (a) made at Licensee’s sole cost and expense, (b) free of any liens or encumbrances, (c) performed in a good and workmanlike manner, and (d) in compliance with applicable permit, authorization, building and zoning laws or ordinances, and all other laws, ordinances, orders, rules, regulations and requirements of duly constituted governmental authorities. Any fixtures or materials incorporated in or permanently attached to the Infield Box by Licensee shall become part of the Ballpark Facility unless Licensee shall have obtained the written approval of Manager to remove the same prior to the expiration of the term of this Agreement or any renewal of Licensee’s right to use the Infield Box. If so removed, Licensee, at its own expense, shall repair and restore the Infield Box to its original condition, ordinary wear and tear excepted, prior to the incorporation or attachment thereof.

Licensee/Guest Conduct; Compliance with Laws and Rules. Licensee and its guests shall at all times maintain proper decorum while using the Infield Box, and shall comply with all present and future laws, ordinances, orders, rules and regulations of all duly constituted governmental authorities, as well as any Public Health Regulations. Licensee shall be responsible for informing its guests of these Rules and Regulations and all terms and conditions in the Agreement pertaining to Licensee and guest conduct. Licensee and its guests specifically acknowledge and agree to comply with the following statement of policy for fan conduct at each Event, as adopted by Manager on behalf of patrons accessing the Ballpark Facility generally, and in particular, the Infield Box:

1. Major League Baseball rules prohibit fans from entering the playing field, interfering with a ball in play, or negatively disrupting the game in any way. Those failing to comply will face immediate ejection from the Ballpark Facility and possible arrest. The Manager encourages fan participation, and hopes that Licensee and its guests enjoy the Event from the Infield Box, but caution that other fans, including children, are nearby. Foul, abusive, socially unacceptable language and other behavior deemed to be unacceptable fan conduct will subject Licensee and its guests to immediate ejection from the Baseball Facility and possible arrest. Licensee is responsible for each of its guests and/or the behavior of those utilizing their Admission Tickets for the Infield Box.
2. Manager also subscribes to a zero-tolerance, anti-harassment policy for its employees and guests. As such, Manager prohibits harassment that is based on race, color, religion, gender, national origin, age, disability, sexual orientation or other bases protected by local, state and federal law. Such harassment demeans Manager’s employees and guests, and undermines the safe, effective and efficient operation of Manager’s business. In accordance with this policy, Licensee and its guests agree to adhere to the anti-harassment commitment and to ensure that all employees and guests are treated with dignity and respect. To this end, any sexual, racial or harassing and discriminatory language, gestures, visual or physical conduct by Licensee and its guests are strictly prohibited.
3. In the event Licensee or any guest in the Infield Box create a disturbance, cause objects to be thrown or dropped from the Infield Box, interfere with other ticket-holders ability to enjoy the Event, violate these Rules and Regulations, violate any other Ballpark Facility policies (including any Public Health Regulations), and/or adversely affect the health, safety or welfare of the players, Ballpark Facility personnel or other patrons or invitees at the Ballpark Facility, Manager shall have the right, in its sole discretion, to eject the parties responsible for such action from the confines of the Ballpark Facility, in addition to taking any other appropriate actions or remedies available, which shall include but shall not be limited to, revocation of admission ticket rights, and/or Ballpark Facility usage rights

Catering Services; Alcohol. Subject to any Public Health Regulations, food and beverage service shall be provided by a caterer designated by Manager. Any substitutions or modifications to the standard food and beverage package must be provided to Manager no less than forty-eight (48) hours prior to each Event. A selection of inclusive food and non-alcoholic beverages will be available to Licensee and its guests in the Infield Box for each Event. A selection of beer and wine will be available to Licensee and its guests aged twenty-one (21) or older in the Infield Box for each Event. Licensee understands and acknowledges that a portion of the Infield Box Fee has been set aside to pay for inclusive food and beverages for Licensee and its guests. Service of inclusive beer and wine shall be at the sole discretion of the Manager, but shall not continue beyond the middle of the seventh inning for Cleveland Guardians home baseball games at the Ballpark Facility. Spirituous liquor and other non-inclusive alcoholic beverages will be available for purchase by Licensee and its guests aged twenty-one (21) or older in the Infield Box. Service of all spirituous liquor and non-inclusive alcoholic beverages shall be at the sole discretion of the Manager. Manager and its agents reserve the right to ID any Licensee or guest and may choose not to serve alcohol to any Licensee or guest, including but not limited to any intoxicated person, at their sole discretion. Food and beverage services purchased in addition to the inclusive food and beverage package that is provided as part of the Infield Box Fee, will be billed directly to Licensee. Licensee agrees to pay on a timely basis all extra charges and expenses, including any applicable taxes, for catering services incurred by Licensee in connection with the use of the Infield Box by Licensee or Licensee’s guests. Licensee shall be solely responsible for all such payments. No food or beverages other than those purchased from the designated caterer or Ballpark Facility concessionaire may be brought into, prepared or consumed in the Infield Box, and no food or beverages may be removed from the Infield Box without the consent of Manager, its designated caterer or any of their agents

Rainout Policy. Unless otherwise stated herein or in the Agreement, if a Regular Season Game is postponed due to inclement weather or other reasons, the terms and conditions set forth on the Admission Ticket and all Ballpark Facility policies shall apply to Licensee and its guests. For a complete list of Cleveland Indians and Ballpark Facility policies and procedures, please go to: https://www.mlb.com/guardians/ballpark/information/security

Infield Box Credit.

1. In the event that the Infield Box is unavailable for a reason set forth in Section 11, above, any eligible Infield Box credit for a given season will be determined by multiplying the Infield Box Fee by a fraction, the numerator of which is the number of Home Regular Season Games in the year during which the Infield Box was unavailable or unusable, or which were omitted, and the denominator of which is the number of Home Regular Season Games that were scheduled to have been played by the Cleveland Guardians at the Baseball Facility during that year, provided, however, that this credit shall be allocated among all fractional licensees of the Infield Box (if applicable), in Manager’s discretion.
2. In the event that that there are six (6) or more Impacted Home Regular Season Games in a given season, any total eligible Infield Box credit for a given Infield Box in such season will be determined by multiplying the Infield Box Fee by a fraction, the numerator of which is the number of Impacted Home Regular Season Games minus five (5) games, and the denominator of which is the total number of Home Regular Season Games that were scheduled to have been played during that year, provided, however, that this credit shall be allocated among all fractional licensees of the Infield Box (if applicable) in Manager’s discretion.
3. All eligible Infield Box credits will be computed after the conclusion of the Baseball Season. Any credits will be applied to the next installment of the Infield Box Fee payment due to Manager for the next year’s

Disclaimer of Liability and Indemnification. Manager shall not be liable or responsible for any loss, damage, illness or injury to any person or property whatsoever in or around the Infield Box or the Ballpark Facility, resulting from any cause whatsoever, including disease, theft and vandalism, unless due to the gross negligence or willful misconduct of Manager, its employees or agents. Licensee shall indemnify and hold Manager harmless from and against any and all liability, losses, claims, demands, costs and expenses to which Manager may become subject to by reason of the access or use of the Infield Box, or any other part of the Ballpark Facility, by Licensee, its invitees or guests in contravention of the provisions of this Agreement, or arising out of the negligence or willful misconduct of Licensee, its invitees or guests (including theft or vandalism). To the extent that each party has the right to do so, each party agrees to waive its rights of subrogation, which might otherwise exist whenever any loss, cost or expense is covered by insurance.

Miscellaneous. This Agreement, and all the terms and provisions thereof, shall inure to the benefit of and be binding upon the parties thereto, and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns. No amendment or modification to this Agreement shall be effective unless the same is in writing and signed by the parties, provided, however, that Manager reserves the right to modify or amend these Rules and Regulations at any time and from time to time in its sole discretion. This Agreement, together with these Rules and Regulations and all exhibits and schedules attached hereto and thereto, contains the entire written agreement between Licensee and Manager with respect to the matters provided for therein, and shall supersede any oral or written agreement previously made or entered into by Licensee and Manager