Ticket Policies

North Coast Social Rules & Regulations:

1. Access and Use by Licensee. Access to the NCS Box shall be controlled by, and shall require the presentation by each person using the NCS Box of, an Admission Ticket thereto. Unless otherwise set forth by Manager and subject to any Public Health Regulations, Licensee shall have the right to enter the NCS Box one and one-half (1½) hours before the announced starting time for each Ballpark Event or consistent with the opening of the dedicated entrance to the Ballpark Facility for premium ticketholders, if different. Licensee shall vacate the NCS Box no later than one-half (½) hour after the conclusion of the Ballpark Event. In addition, Licensee may be given access to the NCS 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. 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, including, without limitation, the policy adopted by the issuer of such Admission Tickets with respect to the postponement of the Ballpark Event to which such Admission Tickets pertain.
2. Access by Manager. Manager and its officers, agents, employees, licensees and representatives shall be entitled to have access to the NCS 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.
3. Alterations. Licensee shall not make any changes to the NCS 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 NCS 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 NCS Box. If so removed, Licensee, at its own expense, shall repair and restore the NCS Box to its original condition, ordinary wear and tear excepted, prior to the incorporation or attachment thereof.
4. Maintenance. Licensee shall keep and maintain the NCS Box in good repair, order and condition; normal wear and tear, repairs to the structure in which the NCS Box is located, damage by casualty for which Manager has insurance and repairs necessitated by the act or omission of Manager or its employees, agents or subcontractors excepted; and shall reimburse Manager for (a) the ordinary and customary repair of any damage caused by Licensee or Licensee’s guests to the NCS Box or the property of Manager therein, or (b) the removal or loss of any personal property in the NCS Box supplied by Manager.
5. Licensee/Guest Conduct; Compliance with Laws and Rules. Licensee and its guests shall at all times maintain proper decorum while using the NCS Box, and shall comply with all present and future laws, ordinances, orders, rules and regulations of all duly constituted governmental authorities. 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 NCS Box:
   • 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 NCS 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 NCS Box.
   • 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.
   • In the event Licensee or any guest in the NCS Box create a disturbance, cause objects to be thrown or dropped from the NCS Box, interfere with other ticket-holders ability to enjoy the Event, violate these Rules and Regulations, violate any other Ballpark Facility policies, 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.
6. Catering Services; Alcohol. Food and beverage service shall be provided by a caterer designated by Manager. A selection of inclusive food and non-alcoholic beverages will be available to Licensee and its guests in the NCS Box for each Event. A selection of inclusive beer and wine will be available to Licensee and its guests aged twenty-one (21) or older in the NCS Box for each Event. Licensee understands and acknowledges that a portion of the NCS 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 NCS 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 NCS 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 NCS 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 NCS Box, and no food or beverages may be removed from the NCS Box without the consent of Manager, its designated caterer or any of their agents.
7. Surrender of Premises. Licensee shall surrender possession of the NCS Box to Manager upon expiration or termination of this Agreement, in the same condition as when initially occupied by Licensee, normal wear and tear excepted.
8. No Advertising. Licensee agrees and acknowledges that no advertisements, including without limitation banners/signs, will be permitted that are visible from the outside of the NCS Box.
9. Default; Remedies. If Licensee fails to pay to Manager any installment of the NCS Box Fee or other monetary obligations when due, or otherwise defaults in the performance of any of the material terms, covenants and conditions of this Agreement, Manager may, at its option: (i) withhold distribution of Admission Tickets to Licensee for Ballpark Events, or, if Admission Tickets for any such Ballpark Events have already been distributed to Licensee de-activate the Admission Tickets and/or deny Licensee access to the NCS Box until Licensee’s default is cured, which cure, if such default is monetary, shall require Licensee to pay to Manager any past due NCS Box Fee or other monetary obligation, plus interest, compounded monthly, from the date on which such past due NCS Box Fee or other monetary obligation was scheduled to be due and payable, in an amount equal to five percent (5%) per month; and/or (ii) terminate this Agreement and all of Licensee’s rights under this Agreement, upon written notice to Licensee, at which time Manager will have the right to revoke any Admission Tickets previously issued to Licensee and remove any personal property of Licensee from the NCS Box, notwithstanding Manager’s prior distribution of Admission Tickets to Licensee. In the event of such a termination, all payments previously made by Licensee will remain the property of Manager, and termination of this Agreement will not affect Licensee’s obligation to make all NCS Box Fee payments coming due after the date of termination, including but not limited to any interest payments due therein. Upon termination, Manager will have the right, but no obligation, to re-license the NCS Box to another party. If Manager has other NCS Boxes available for license for its own account, Manager may give priority to its own interests. In the event the NCS Box is licensed by Manager to another party, any NCS Box Fee received from the other party applicable to the remainder of the Term will be applied first to any costs and expenses incurred in re-licensing the NCS Box, including costs and attorney’s fee with respect thereto, and then to the satisfaction of Licensee’s obligations under this Agreement. The remedies provided herein are cumulative and not to the exclusion of any other rights or remedies that may be available to Manager, at law or in equity. No waiver of any default or breach by Licensee hereunder shall be construed to be a waiver or release of any other default or breach of this Agreement at a later time. No failure or delay by Manager in the exercise of any remedy provided for in this Section shall be construed as a forfeiture or waiver of the same or any other remedy at a later time.
10. Reconstruction or Unavailability of NCS Box. Manager reserves the right at its sole discretion to reconstruct, reconfigure and/or repair the NCS Box or Ballpark Facility following any damage or destruction thereto. Manager may also elect to renovate, reconfigure, improve, alter, enhance, or eliminate the NCS Box or any part of the Ballpark Facility how, when and where it may deem necessary. Following any damage or destruction to the NCS Box and/or the Ballpark Facility or before, during or after the course of any renovation, reconfiguration, improvement, alteration, enhancement, or reconstruction of the NCS Box and/or Ballpark Facility, this Agreement shall remain in full force and effect, with the exception that Manager may elect at its sole discretion to:
    • Temporarily or permanently relocate Licensee to another NCS Box located at the Ballpark Facility that is comparable in size, specifications and location to the NCS Box as reasonably determined by the Manager (“Comparable NCS Box”). A Comparable NCS Box may be a NCS Box that contains the same features, is within the same general location and is in the same price category as the NCS Box. In the event a Comparable NCS Box is not readily available within the Ballpark Facility, then Licensee shall be entitled to a credit as provided in Section 12 for any Regular Season Game for which the NCS Box or a Comparable NCS Box was not available, as reasonably determined by Manager, as a result of any damage, destruction, renovation, reconfiguration, repair, improvement, alteration, enhancement, elimination or reconstruction thereto, provided, however, that no compensation shall be made to or claimed by Licensee by reason of any inconvenience or annoyance arising from any move to a Comparable NCS Box or from any renovation, reconfiguration, repair, improvement, alteration, enhancement, elimination or reconstruction of the NCS Box, any adjacent NCS Boxes, or the Ballpark Facility, regardless of the necessity or occasion therefor.
    • Terminate this Agreement as of the date that neither the NCS Box nor a Comparable NCS Box were available, as reasonably determined by the Manager, due to any damage, destruction, renovation, reconfiguration, repair, improvement, alteration, enhancement, elimination or reconstruction to the NCS Box, the Ballpark Facility or any part thereof. In the event this Agreement is terminated by Manager due the unavailability of the NCS Box or a Comparable NCS Box, then Licensee’s sole remedy shall be limited to a credit to the NCS Box Fee (without interest), as set forth in Section 13, for the time in which the NCS Box or a Comparable NCS Box were not available as a result of any damage, destruction, renovation, reconfiguration, repair, improvement, alteration, enhancement, elimination or reconstruction thereto.
11. Relocation and Cancellation of Games. In the event any of Licensee’s Share of Regular Season Games in any season are not played, or rescheduled and played, at the Ballpark by reason of (i) a strike by, or a lockout of, the Major League Baseball Players Association or members thereof, (ii) Regular Season Home Games are relocated to a different location other than the Ballpark, or (iii) Regular Season Games are cancelled for any other reason (including without limitation, Acts of God, storm, fire, flood, inclement weather, earthquake, labor disturbance, war, terrorism, civil commotion, shortages or unavailability of labor, present or future governmental law, ordinance, rule, or regulation, disruption of postal, electrical, telephone or other utility service, or other force majeure event beyond the reasonable control of the Manager) (collectively, an “Impacted Regular Season Game”), the following shall apply:
    • Licensee shall receive a credit beginning with the Impacted Regular Season Game that is the lesser of: (i) Licensee’s fourth (4th) Impacted Regular Season Game in a season, or (ii) the Impacted Regular Season Game that constitutes ten percent (10%) of Licensee’s Share of total Regular Season Games in a season.
    • Licensee hereby agrees that Licensee will receive no credit for any Impacted Regular Season Games in any season unless the number of Licensee’s Share of Impacted Regular Season Games equates to (i) four (4) Impacted Regular Season Games in a season, or (ii) ten percent (10%) of Licensee’s Share of Regular Season Games in a season, whichever is less.
12. Credits. All eligible credits will be computed after the conclusion of the Baseball Season. Any credits will be applied to the next installment of the NCS Box Fee payment due to Manager for the following year’s NCS Box Fee. If there is no invoice to apply this credit to, Licensee will have the option of applying credit to a renewal invoice or receiving a cash payment at the conclusion of the Baseball Season.
13. Postponed Game Policy. Unless otherwise stated herein, if a Regular Season Game is postponed due to inclement weather, the terms and conditions set forth on the Ticket and the Ticketback Terms and Conditions shall apply.
14. Admission Ticket Exchanges. If for any reason (including, without limitation, inclement weather), any Regular Season Game is not played, or is halted (except if such game is suspended) before five (5) innings are played (unless it has become an official game), and is rescheduled to be played at the Ballpark Facility during the year, then Licensee shall have the right to exchange its Admission Tickets from such game for the same number of Admission Tickets to the rescheduled Regular Season Game or another Regular Season Game, provided, however, that (i) there will be no cash refunds, (ii) exchanges for a non-rescheduled Regular Season Game shall be subject to availability, and (ii) any exchanges of Licensee’s Admission Tickets must be for the same price regular season Admission Tickets, subject to availability. All exchanges for Jewel Events shall be subject to Major League Baseball’s policies and procedures.
15. Disclaimer of Liability and Indemnification. Manager shall not be liable or responsible for any loss, damage or injury to any person or property whatsoever in or around the NCS Box or the Ballpark Facility, resulting from any cause whatsoever, including 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 NCS 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.