Ticket Policies

CLEVELAND GUARDIANS
TICKET TERMS & CONDITIONS – REGULAR SEASON
IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE; HOLDER ACCEPTS RISK OF ILLNESS AND/OR INJURY; THIS TICKET LIMITS HOLDER’S LEGAL RIGHTS; ALL TICKET SALES ARE FINAL AND THERE ARE NO REFUNDS OR CANCELLATIONS BY HOLDER;AUTHORIZED RE-ENTRY ONLY.
By purchasing or using a ticket or any electronic form thereof, (collectively, the “Ticket”) to the Event at Progressive Field (or any other venue in which Cleveland Guardians “home” Games may be played) (collectively, and together with surrounding areas, including parking lots, the “Ballpark”), Ticket Holder, on his/her/their own behalf and on behalf of (i) any minor accompanying Holder to the Event; and/or (ii) any other Accompanying Party, agrees to the following terms and conditions (the “Agreement”), which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. The Cleveland Guardians Baseball Company, LLC (“Club”) may change the terms of the Agreement at any time, without notice, and Holder’s and/or Accompanying Party’s use of the Ticket(s) after such change is posted will mean that Holder and Accompany Party accept such change(s). Holder is solely responsible for reading and understanding the Agreement before using the Ticket and/or those of any Accompanying Party. Except as otherwise set forth herein, the Agreement shall control if there is a conflict with: (a) the paper or digital invoice (“Invoice”); (b) any Ticket (in digital or printed form); and/or (c) any other terms and conditions. Unless otherwise defined in the Agreement, capitalized terms are defined in Section 17.

1. TICKET PLAN & LICENSE INFORMATION:
   1. TICKET LICENSE:
      1. Each Ticket to an Event at the Ballpark is a limited, revocable license (the “License”) granted by the Club to attend the Event listed on the applicable Ticket, and unless otherwise specifically set forth on the Ticket or herein, only permits: (A) entry to the publicly-accessible areas of the Ballpark on the date of the applicable Event at times determined by the Club; (B) sitting in the designated seat in the section and row as indicated on the Ticket (a “Seat”), if applicable, or (C) standing in a designated Standing Room Only (“SRO”) section. Valid Tickets must be presented to enter the Ballpark. Risk of loss/theft of Ticket(s) passes to Holder upon receipt of the Ticket(s). For purposes of the License, the Holder shall be deemed a licensee with respect to the Ticket.
      2. The Club reserves the right to terminate the License granted by the Ticket and/or those of any Accompanying Party prior to the time the Event actually takes place by tendering to Holder the purchase price printed on the Ticket(s). Further, the Club reserves the right, in its sole discretion and without refund of any portion of the purchase price, to revoke the License granted and refuse admission or eject any person who, in the sole judgment of the Club: (a) violates the terms of the Agreement; (b) appears to be or is intoxicated; (c) engages in conduct deemed to be improper, disorderly or unbecoming; (d) uses or displays vulgar, derogatory or abusive language; (e) wears obscene, indecent or inappropriate clothing; (f) engages in activity or causes a disturbance prohibiting attendees at the Event from enjoying the Event; (g) refuses to comply with any Health-related Conditions; and/or (h) engages in conduct that appears to jeopardize the safety of attendees at the Event.
      3. Any opportunity granted by the Club to license Tickets of any kind is a privilege, revocable at any time, in the Club’s sole and absolute discretion. Holder acknowledges and agrees that it does not have any reasonable expectation, right or privilege to any Tickets to any other Events not included in the Ticket Plan, or to renew the License for any subsequent season.
      4. The Club reserves the right to restrict, modify, alter, change and/or amend the License and any Seat(s) or SRO areas as a result of: (A) MLB requirements; (B) applicable laws; (C) alteration of the Ballpark; and/or (D) other reasons beyond the control of the Club. If a Seat or SRO area is not available due to any of the aforementioned reasons for an Event, then the Club will use commercially reasonable efforts to provide Holder with the opportunity to license a Ticket elsewhere in the Ballpark, subject to availability and as determined by Club in its sole discretion. If the Club is unable to provide Holder with the opportunity to license a Ticket elsewhere in the Ballpark for the Event, then Holder shall be entitled, as its sole remedy, to a credit in an amount equal to the Established Price of the Ticket for the Event to which the seat(s) was/were determined by the Club to be unavailable. Such credit may be applied towards the purchase of Tickets to another Event within 12 months of the originally scheduled Event, subject to availability.
      5. The License is a personal privilege and does not under any circumstances confer upon Holder any title, interest or estate in real property or any leasehold interest in any Seat, suite or any other area in the Ballpark.
      6. In addition to the terms and conditions set forth herein, the purchase of Ticket(s) shall also be subject at all times to the terms and conditions set forth by MLB and any Event promoter, as applicable.
   2. Season Tickets:
      1. The License granted for a package of regular season tickets (“Season Tickets”) shall be limited to the Events covered by the specific Ticket Plan and/or the applicable agreement for Season Tickets (the “Season Ticketholder Agreement”). Season Tickets shall be subject to additional terms and conditions contained in the Season Ticketholder Agreement, and each Holder of Season Tickets agrees to be bound by the terms and conditions of this Agreement and the Season Ticketholder Agreement. The terms and conditions in the Season Ticketholder Agreement shall control in the event of a conflict with this Agreement.
      2. The Club reserves the right to grant or not grant any license for any subsequent regular season or any other Event(s) for any reason whatsoever and pursuant to such terms and conditions as the Club determines.
      3. The Club may extend the opportunity to purchase Tickets to Jewel Event(s) (for the Seats or other seats) under such terms and conditions as the Club determines in its sole discretion. If granted the opportunity, Holder must purchase all Tickets to all potential Jewel Event(s) for each Seat offered by the Club and, if not, all offered and remaining Tickets to Jewel Event(s) will be released for public sale or otherwise allocated by the Club, and Holder will not be entitled to any compensation, credits, rebates, refunds, offsets, make-goods or other remedies.
      4. In order to purchase and/or maintain your Ticket Plan, you may be required to provide affirmative consent to participate in the Club’s Auto-Renewal Recurring Payment Plan (“Continuous Enrollment Plan”) Additional information regarding the Club’s Continuous Enrollment Plan is located at https://www.mlb.com/guardians/tickets/ticket-policies/continuousenrollment.
      5. The date(s) and frequency of the charges for the Ticket Plan will depend on the payment option selected.
   3. Premium Tickets:
      1. Tickets for Premium Areas (each, a “Premium Ticket”) may be subject to additional terms and conditions contained in the specific Premium Agreements. Each Holder of a Premium Ticket agrees to be bound by the terms and conditions of this Agreement and the applicable Premium Agreement. The terms and conditions in the applicable Premium Agreement shall control in the event of a conflict with this Agreement.
      2. The amount payable on the Invoice may include the cost of a menu of ballpark fare food, non-alcoholic beverages and, for certain Premium areas, alcoholic beverages. Holder understands and agrees that the types of food and beverages offered shall be determined by the Concessionaire and are subject to change (all in the sole and absolute discretion of the Concessionaire). Any food and beverages to be provided to Holder by the Concessionaire during any Event shall be deemed to have been provided to Holder by the Concessionaire in accordance with the License or any separate agreement entered into between Holder and the Concessionaire.
   4. Group Tickets:
      1. Tickets for an organized group (“Group Tickets”) are subject to additional terms and conditions contained in a Group Ticket Agreement executed by the Group leader on behalf of the Group. Each Holder of a Group Ticket agrees to be bound by the terms and conditions of this Agreement and the Group Ticket Agreement. The terms and conditions in the specific Group Ticket Agreement shall control in the event of a conflict with this Agreement.
      2. The License for each Holder of a Group Ticket is limited to the Event and Seat(s) or Standing Room Only areas identified on the Ticket(s).
2. TICKET ACCOUNT:
   1. The License covers each Account, including Holder’s My Guardians Tickets Account, pursuant to which the Holder is permitted to purchase, license and/or use Tickets for the Event identified on each such Ticket. The Account may be terminated by the Club, with or without cause, including the failure to pay for any Tickets.
   2. All information provided for an Account (e.g., name, billing/mailing/email addresses, phone, etc.), must be accurate and the Account Holder’s own and true personal and/or business information. False or misleading information constitutes a material breach of the License. The Club reserves the right to require valid identification and/or other proof of information related to the Account. Each Holder shall only have one (1) Account. If the Account is registered in the name of a business entity, a contact person (who will not be considered the Account Holder) must be identified.
   3. The Club may take any action that it deems appropriate including issuing a warning, terminating the License for any Tickets, temporarily or permanently suspending an Account, if: (i) the License, this Agreement or any other Club policies are breached and/or violated; (ii) the Club is unable to verify or authenticate Holder’s information; (iii) the Club believes that Holder's conduct may cause legal liability for the Club or any of its affiliates; (iv) it is necessary for the safety and/or protection of patrons at the Ballpark; or (v) to address fraud or misconduct. The Club may review Ticket and/or Account activity for fraud which may result in the termination of the License and/or automatic cancellation or suspension of an Account.
3. PAYMENT:
   1. Payment of any Invoice by anyone other than an Account Holder, and receipt and/or acceptance of payment thereof by the Club, does not constitute or effectuate an assignment or transfer of the License. The License, the Account and/or any duties, obligations, rights and privileges may not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, to any other person or entity without the express written consent of the Club.
   2. Failure to make full payment of the entire Established Price for all Tickets in an Account on such dates and pursuant to such terms and conditions established by the Club constitutes a material breach of the License and this Agreement. Any payment option granted by the Club is merely an accommodation and does not entitle an Account Holder to: (i) any portion of Tickets and/or Events if the full Established Price is not paid; and/or (ii) apportion any payment to any Tickets and/or number of Events.
   3. Any and all sums due hereunder from an Account Holder, whether the Established Price or otherwise, if not paid when due, shall bear interest at the lesser of: (i) one percent (1%) per month; or (ii) the maximum rate then permitted by applicable law from the date due until paid. Such interest charge shall be in addition to, and not in lieu of, all other rights and remedies available to the Club.
4. SECURITY POLICY: Holder and Accompanying Party are subject to the rules and policies of the Club, and Holder (i) consents on behalf of Holder and Accompanying Party to allowing the Club or its designated agents to inspect Holder’s and/or any Accompanying Party’s person and/or any bags, clothing, or other articles for health, safety and security purposes, whether by walk-through metal detection, handheld metal detection, bag checks, physical pat-downs, or other reasonable measures; (ii) consents on behalf of Holder and Accompanying Party to health-related conditions for attendance that are now or may later be established by MLB Entities or the Club, including any requirements pertaining to disease or virus testing, vaccinations, the wearing of masks and/or social distancing (the “Health-related Conditions”) and (iii) acknowledges and agrees that Holder and/or any Accompanying Party may be denied entry to or ejected from the Event if Holder and/or any Accompanying Party fail to adhere to Health-related Conditions and/or is/are in possession of any item or exhibit/exhibits any condition that the Club or MLB Entities consider potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to health and security searches and/or screening of Holder and/or any Accompanying Party and waives any claims that Holder and/or any Accompanying Party might have against the Released Parties (as defined herein). Holder acknowledges that the Club has no liability for Holder’s and/or any Accompanying Party’s person or property.
   
   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.
5. EVENT INFORMATION: Holder agrees that: (a) neither Holder nor any Accompanying Party will transmit or aid in transmitting any information about the Event at the Ballpark, including, but not limited to, any image, video, livestream, audio or other accounts or descriptions about the Event (collectively, the “Event Information”); (b) the Club, the Office of the Commissioner of Baseball (“BOC”), and/or MLB Advanced Media, L.P., as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (c) the Club, BOC, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, each of the other Major League Baseball Clubs (together with the Club, the “MLB Clubs”), and 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 MLB Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (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 and/or those of any Accompanying Party 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 are assignable.
6. BALLPARK DECORUM: Holder acknowledges and agrees that the Club’s ban on vulgar, derogatory or abusive language and/or gestures and obscene, indecent and/or inappropriate clothing does not violate Holder’s right to free speech and/or expression and that such time, place and manner of the restrictions are reasonable to maintain a family-friendly atmosphere, ensure the safety of guests and players, and preserve the enjoyment of the Event for all. Holder further acknowledges and agrees that by entering the Ballpark, Holder consents to the ban on derogatory, foul and/or abusive language/gestures and obscene, indecent and/or inappropriate clothing, and waives, to the fullest extent permitted by law, any objection Holder may now or hereafter have to such ban and the penalties that the Club may impose for any violation of same.
7. TICKET PURCHASE AND TRANSFER RESTRICTIONS:
   1. Each individual or entity purchasing, acquiring and/or using a Ticket expressly acknowledges and agrees that the Club sells Tickets to an Event at the Ballpark for the purpose of permitting the purchasing individual or entity, or any subsequent Holder receiving a Permitted Transfer of such Ticket to attend the Event represented by the Ticket. As such, each individual or entity that purchases, acquires or uses a Ticket acknowledges to the Club that non-permitted transfers of Tickets (the “Ticket Transfer Restrictions”) may terminate the revocable License granted by the Club for the usage of Ticket(s) or constitute a basis for the seizure or cancellation of the Ticket(s) without refund or other compensation. For purposes of this section, Tickets shall include any parking pass sold by the Club for an Event.
   2. By the acceptance, possession or use of a Ticket(s), each Holder (regardless of whether such Holder is the original purchaser of the Ticket(s) from the Club or an acquirer of the Ticket(s) from a third party), on his/her/their behalf and on behalf of any Accompanying Party, acknowledges and agrees to the following:
      1. Only Holder(s) permitted by the Club, and subject to, and bound by, additional terms and conditions set forth in a separate written agreement with the Club, are permitted to engage in Broker Activity (collectively an “Authorized Broker Party”).
      2. Any Broker Activity by a non-Authorized Broker Party involving a Ticket, 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 Club for the use of the Ticket, (ii) the seizure or cancellation of the Ticket without refund or other compensation, and/or (iii) termination of the Revocable License granted by the Club of all Tickets and the Account(s) that are controlled by or affiliated with the violating 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) by a Holder on a publicly available, secondary ticket marketplace shall occur exclusively on the Club’s authorized ticket marketplace(s) (collectively, an “ATM”) that will be specifically designated and/or accessible at www.cleguardians.com or identified by the Club through other channels or means. Any Resale or attempted Resale of Ticket(s) on a publicly available, secondary ticket marketplace other than an ATM is a Non-Permitted Transfer and may constitute a basis for (a) termination of the Revocable License granted by the Club for use of the Ticket, (b) the seizure, cancellation or refusal to accept the Ticket without refund or other compensation, and/or (c) termination of the Revocable License granted for all Tickets and the Account(s) 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.
      4. Any Resale or attempted Resale of a Ticket inside the Ballpark is strictly prohibited, and any person who Resells or offers a Ticket for Resale at any price inside the Ballpark will be removed from the Ballpark and may be prosecuted.
   3. Subject to the above and any subsequent rules established by the Club or MLB Entities, Tickets may be sold, gifted, or transferred to registered Ticket account partners (“Registered Share Partners”) at any time. All Registered Share Partners shall be identified and registered through the Holder’s Account and shall be subject to the terms and conditions applicable to the Tickets and the Account. 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 Tickets amongst the Holder and Registered Share Partners, together with their family members, friends, or associates so long as the Club determines that (i) there was not intent to realize Excess Value regardless of the frequency of the Transfers, and (ii) such transfers comply with any and all additional conditions and any subsequent rules established by the Club or MLB Entities.
      2. The Resale of a Ticket(s) where the purpose for the sale, as determined by the Club in its sole discretion, was unrelated to Broker Activity, so long as any such transfers comply with any and all additional conditions and any subsequent rules established by the Club or MLB Entities.
   4. Notwithstanding the forgoing, no offer to resell or resale of a Ticket is permitted to the extent prohibited by any applicable federal, state or local law or regulation, and any unauthorized Resale will invalidate the Revocable License granted by a Ticket.
      
      THE CLUB IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS AND HOLDER ASSUMES ALL RISKS ASSOCIATED WITH THE PURCHASE OF ANY TICKET(S) FROM ANYONE OTHER THAN THE CLUB OR ITS DESIGNATED AGENTS.
8. TICKET USE; POSTPONED/CANCELLED EVENT POLICY:
   1. Tickets are not subject to any refund by Holder and shall bear no cash value.
   2. Holder shall 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 to use it for the Event.
   3. Should the Event be postponed or otherwise not completed, the Club may reschedule or resume the Event on a new date or dates, at its sole discretion. Holder of a Ticket for an Event that is postponed or otherwise not completed may be given the option to (i) use the Ticket on the date or dates on which such Event is rescheduled or resumed, or (ii) exchange the Ticket for a Ticket comparable in price and location for a future Event date(s), as may be announced in the sole discretion of the Club, and subject to availability. Ticket exchanges must occur prior to any communicated exchange deadline. Tickets are no longer valid after the applicable exchange deadline has passed. No part of the purchase price will be refunded by reason of the failure of a Holder to use a Ticket on such rescheduled, resumed or future Event date or dates. All Events and Event activities are subject to modification or cancellation. For more information about the Club’s Postponed/Cancelled Event Policy, please visit https://www.mlb.com/guardians/tickets/ticket-policies/rainout
      
      ALL EVENT TIMES AND EVENT SCHEDULES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
9. ADDITIONAL TICKET CONDITIONS/RESTRICTIONS:
   1. In addition to the foregoing, Holder and/or any Accompanying Party agree that any violation of any terms and/or conditions presented at or after the time of purchase not specifically enumerated in this Agreement, including without limitation (i) terms that mandate or prescribe the quantity of Tickets available to be purchased, (b) additional requirements regarding Accompanying Parties, and/or (c) additional terms regarding the resale or transfer of Tickets (the “Additional Conditions”) shall constitute a basis for (i) termination of the Revocable License granted by the Club for the use of the Ticket, (ii) the seizure or cancellation of the Ticket without refund or other compensation, and/or (iii) termination of the Revocable License granted by the Club of all Tickets and the Account(s) that are controlled by or affiliated with the violating Holder or individuals/entities determined by the Club to be associated with such Holder, including but not limited to any Registered Share Partner or Accompanying Party.
   2. Tickets may not be used for advertising, promotion (including contests, giveaways or sweepstakes), or other trade or commercial purposes without the written consent of the Club. Any violation of the foregoing is the sole responsibility of Holder.
   3. The Club reserves the right to take appropriate action against individuals who fraudulently obtain Tickets for wheelchair accessible and/or companion seats, including ejection and legal action.
10. PROMOTION/GIVEAWAY POLICY: Any promotion or giveaway at the Ballpark shall be subject to the limitations set forth for the specific promotion or giveaway. Giveaways are limited to predetermined quantity units unless otherwise noted, and offered while supplies last at the Holder’s point of entry to the Ballpark. Only one giveaway per person will be given to the Holder upon entering or exiting the Ballpark; such method of distribution will be determined by the Club at its sole discretion.
11. PHOTOSENSITIVITY WARNING: The Ballpark has recently upgraded its light system. Please be aware that throughout the course of Events, Ballpark lighting may flash, strobe, alternate colors, or otherwise adjust, which may not be suitable for patrons who are susceptible to photosensitive conditions, including photosensitive epilepsy.
12. GENERAL INFORMATION:
    1. All rosters, lineups, coaches and managers and Event dates, times and Seat(s) are subject to change. Licensor shall not be: (i) liable for any failure to and/or delay in performing and/or complying with its obligations under this Agreement as a result (directly or indirectly) of any Force Majeure Event; and (ii) obligated to settle or vote to settle any strike, lockout or work stoppage or other labor disturbance (including any MLB strike or lockout) to avoid a Force Majeure Event from continuing.
    2. The number of innings in a regulation game shall be determined by MLB and may be shortened in accordance with MLB rules. Licensor makes no representation, warranty and/or guarantee that nine (9) innings will be played in any regulation game. The number of Games in a Regular Season shall be determined by MLB. Licensor makes no representation, warranty and/or guarantee that a Regular Season will be comprised of eighty-one (81) Games.
    3. The Club makes no representations or warranties concerning the condition of the Ballpark or its suitability for any particular purpose and Holder accepts the Ballpark “AS IS.”
    4. This Agreement shall be governed and construed by the laws of the State of Ohio, without giving effect to conflict of laws principles thereof, except that the Arbitration Agreement shall be governed and construed by the FAA.
    5. IN NO EVENT WILL THE CLUB AND/OR ANY OTHER RELEASED PARTY BE LIABLE TO HOLDER OR ANY ACCOMPANYING PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES EVEN IF THE CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    6. The License and any other licenses that may be granted by the Club shall in all respects be subordinate to the rules and policies of MLB and its related entities, as may be amended from time to time.
13. ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY:
    1. HOLDER RECOGNIZES THAT ATTENDANCE OF HOLDER AND ANY ACCOMPANYING PARTY AT THE EVENT IS VOLUNTARY AND MAY RESULT IN ILLNESS, PERSONAL INJURY (INCLUDING DEATH) AND/OR PROPERTY DAMAGE AND AGREES TO STAY ALERT AND REMAIN AWARE OF HIS/HER SURROUNDINGS AND THE SURROUNDINGS OF ANY ACCOMPANYING PARTY. BY USING THE TICKET OR BY ATTENDING, OBSERVING OR PARTICIPATING IN THE EVENT, HOLDER, ON BEHALF OF HOLDER AND ANY ACCOMPANYING PARTY, ACKNOWLEDGES AND ASSUMES ALL RISKS, HAZARDS AND/OR DANGERS ASSOCIATED WITH HOLDER AND/OR ANY ACCOMPANYING PARTY (I) BEING A SPECTATOR BEFORE, DURING, AND AFTER THE EVENT (INCLUDING ALL WARM-UPS, PRACTICES, PRE-EVENT, POST-EVENT AND BETWEEN-INNING OR INTERMISSION ACTIVITIES, PROMOTIONS AND COMPETITIONS) AND/OR (II) ATTENDING, OBSERVING OR PARTICIPATING IN THE EVENT, IN EACH CASE, WHETHER ANY SUCH RISK, HAZARD AND/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, ACCIDENTS, INJURIES OR ILLNESS ASSOCIATED WITH NATURAL OCCURRENCES, CROWDS OF PEOPLE OR THE ACTIONS, NEGLIGENCE OR MISCONDUCT OF OTHER SPECTATORS.
    2. THE FOREGOING RISKS SET FORTH ABOVE INCLUDE ALL RISKS THAT ARE IN ANY WAY RELATED TO OR ARISING FROM BEING EXPOSED TO OR CONTRACTING ANY COMMUNICABLE AND/OR INFECTIOUS DISEASES, VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSES THEREOF (A “COMMUNICABLE DISEASE”) IN THE BALLPARK. ACCORDINGLY, 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 AND ANY ACCOMPANYING PARTY MAY BE EXPOSED TO ANY COMMUNICABLE DISEASE. HOLDER EXPRESSLY UNDERSTANDS THAT THESE RISKS INCLUDE CONTRACTING ANY COMMUNICABLE DISEASE AND THE ASSOCIATED DANGERS, MEDICAL COMPLICATIONS AND PHYSICAL AND MENTAL INJURIES, BOTH FORESEEN AND UNFORESEEN, THAT MAY RESULT FROM CONTRACTING ANY 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 DISEASETHAT IT CANNOT BE GUARANTEED THAT HOLDER OR ANY ACCOMPANYING PARTY WILL NOT BE EXPOSED, AND THAT AS SUCH, POTENTIAL EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE ARE RISKS INHERENT IN HOLDER’S DECISION TO USE THIS TICKET THAT CANNOT BE ELIMINATED.
    3. HOLDER, ON BEHALF OF HOLDER, 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 (“RELATED PERSONS”), AGREES THAT (A) 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) ANY LOCAL OR STATE GOVERNMENTAL BODY ASSOCIATED WITH THE BALLPARK, INCLUDING GATEWAY ECONOMIC DEVELOPMENT CORPORATION OF GREATER CLEVELAND (“GATEWAY”), (E) THE TICKET MANUFACTURER AND/OR PROVIDER, AND (F) ALL PAST, PRESENT AND FUTURE AFFILIATES, SUCCESSORS, ASSIGNS, PLAYERS, MANAGERS, COACHES, EMPLOYEES, PARTNERS, MEMBERS, DIRECTORS, OFFICERS, OWNERS, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS OF SUCH ENTITIES (SUBSECTIONS (A) THROUGH (F), COLLECTIVELY, THE “RELEASED PARTIES”), WILL NOT BE RESPONSIBLE FOR AND FURTHER WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO THE FOLLOWING “RELEASED CLAIMS”: 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 ANY OF THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF OR RELATE TO: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES; (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 ANY COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO ANY COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY RULES TO HOLDER OR ANY ACCOMPANYING PARTY; AND (3) 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 PARTY AT THE EVENT APPEAR.
    4. HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (I) ANY MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN AND/OR (II) ANY OTHER ACCOMPANYING PARTY AS AN AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (A) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH SUCH MINOR AND/OR (B) ANY OTHER ACCOMPANYING PARTY, THEN THE ACCOMPANYING PARTY IS NOT AUTHORIZED TO ATTEND THE EVENT WITHOUT SEPARATELY PURCHASING A TICKET TO THE EVENT.
    5. 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. 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.
    6. FOR CALIFORNIA RESIDENTS, THE HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT THEY ARE FAMILIAR WITH AND DO HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDE 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.
14. INDEMNIFICATION: HOLDER AGREES TO 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 (A) HOLDER’S AND/OR ACCOMPANYING PARTY’S ATTENDANCE AT, OBSERVATION OF, AND/OR PARTICIPATION IN THE EVENT, (B) HOLDER’S AND/OR ACCOMPANYING PARTY’S ACTS OR OMISSIONS, OR (C) HOLDER’S BREACH OF ANY OF THE TERMS, CONDITIONS OR REPRESENTATIONS MADE IN THE AGREEMENT.
15. FAN HEALTH PROMISE:
    1. AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON HIS/HER/THEIR BEHALF AND ON BEHALF OF ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH ANY COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUB, THE MLB ENTITIES AND GATEWAY.
    2. Holder, on his/her/their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Club, the MLB Entities and/or Gateway, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at www.mlb.com/guardians/ballpark/information/security, all of which 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 (subsections (1) and (2) are, collectively, “Health and Safety Rules”).
    3. Holder further acknowledges and understands that, if infected with any Communicable Disease, 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 Parties will attend the Event if, on the date of the Event, they are required or recommended by Health and Safety Rules to stay at home, quarantine and/or isolate.
16. MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
    1. The Club cares deeply about maintaining good relationships with fans. If you have a problem with a Ticket, a Ticket for any Accompanying Party or the Event itself, 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.
    2. Unless prohibited by federal law, Holder and the Club agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of a Ticket, Holder’s and/or an Accompanying Party’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, illness or property damage arising out of Holder’s and/or any Accompanying Party’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.
    3. In any Arbitration Claim to be resolved by arbitration, neither Holder nor the Club 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 Club would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Club each understand and agree that by requiring each other to resolve all disputes through individual arbitration, *BOTH 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.
    4. 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 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 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 Cleveland Guardians 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 Party 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.
    5. The Club 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 Club may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Club 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).
    6. 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 seven (7) days after the date of the Event. You must send your request to: Cleveland Guardians Baseball Company, LLC, Attn: General Counsel, Re: Arbitration Agreement, 2401 Ontario Street, Cleveland, OH 44115. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my 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.
    7. Prior to initiating a lawsuit or an arbitration proceeding under the 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 one or more of the MLB Entities other than the Club 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.
    8.   HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF (I) ANY MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN AND/OR (II) ANY OTHER ACCOMPANYING PARTY AS AN AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF (A) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH SUCH MINOR AND/OR (B) ANY OTHER ACCOMPANYING PARTY, THEN THE ACCOMPANYING PARTY IS NOT AUTHORIZED TO ATTEND THE EVENT WITHOUT SEPARATELY PURCHASING A TICKET TO THE EVENT.
17. For purposes of this Agreement, unless otherwise defined herein or the context requires a different definition, the following terms shall have the following meanings:
    1. “Accompanying Party” means any party accompanying Holder including any person (including any minor) admitted into the Ballpark by the Ticket (each of whom Holder represents have authorized Holder to act on their behalf in accepting the Agreement terms).
       “Account” means the Ticket Account covered by the License.
       “Broker Activity” means any activity by an individual or entity to purchase or otherwise acquire Ticket(s) with the purpose or intent, as determined by the Club, to Resell the Ticket(s), including but not limited to the intent to realize Excess Value, as determined by the Club in its sole discretion. Broker Activity shall not include the use of a Ticket for any charitable or non-profit purpose.
       “Commissioner” means the Commissioner of Baseball.
       “Concessionaire” means the Ballpark’s concessionaire – Delaware North Companies Sportservice, Inc.
       “Established Price” means the price fixed at the time of sale by the Club for admission to the Ballpark.
       “Event(s)” mean(s) all charitable, religious, civic, political, sport (including any Game and Jewel Events), entertainment and other events held in the Ballpark, including any warm-ups, practices, pre-event, post-event or between inning/intermission activities, promotions, concerts or competitions offered in connection with the game or event held at the Ballpark.
       “Excess Value” means the monetary value derived from the Resale of Ticket(s) in excess of (i) the Established Price, including any tax, service or convenience fees/charges charged by the Club and (ii) fees charged to the Holder in connection with such Resale transaction. Any Holder who needs assistance in determining the Established Price of a Ticket may contact the Club to obtain such information.
       “Force Majeure Event” means any of the following: (i) act of God; (ii) Health Emergency; (iii) hostility (whether war is declared or not), civil war, rebellion, revolution, insurrection, act of terrorism or enemy action; (iv) military or usurped power or confiscation, nationalization or national, state and/or local government sanction, regulation, restriction or emergency (declared or undeclared); (v) riot, crime or civil commotion; (vi) unavoidable casualty, fire or earthquake; (vii) interruption or failure of electricity or utilities, electrical, utilities or mechanical difficulty, inability to obtain labor, lack of materials, strike (regardless of the cause), lockout, work stoppage or other labor disturbance; (viii) order by MLB; (ix) adverse weather condition (e.g., rain, snow, lightning, etc.); or (x) any other cause or condition, whether similar or dissimilar to any of the foregoing, beyond the reasonable control of the Club.
       “Game(s)” mean(s) the Club’s Regular Season home game(s) played in the Ballpark.
       “Group Ticket Agreement” means the agreement between the Club and a group organizer for multiple Tickets to an Event at the Ballpark.
       “Health Emergency” means disease (including Communicable Disease), plague, famine, epidemic, pandemic, public health emergency, contagions and/or communicable diseases irrespective of cause that results in a national, state and/or local crisis, quarantine, public health emergency and/or extraordinary public security or health measures (such as shelter-in-place, stay-at-home or social/physical distancing directives) declared by any national, state and/or local government or regulatory body and/or MLB.
       “Holder” means the holder of any Ticket including any Accompanying Party.
       “Jewel Event(s)” mean(s) any home games participated in by the Club in the Ballpark during the MLB postseason or other event(s) designated by MLB as a "Jewel Event".
       “Laws” mean applicable federal, state or local laws, statutes, rules, directives, and/or regulations.
       “MLB” means Commissioner, BOC and its related entities operating as “Major League Baseball”.
       “Non-Permitted Transfer” means a Transfer specifically prohibited or determined by the Club to be unauthorized under the Club’s Ticket Transfer Restrictions.
       “Permitted Transfer” means a Transfer that is authorized by or specifically exempted from the Club’s Ticket Transfer Restrictions.
       “Person” means an individual or other legal entity.
       “Premium Agreements” means the ticket, license and food and beverage agreements (as applicable) required by Holder to license Tickets in the Premium Areas.
       “Premium Areas” mean areas in the Ballpark designated by the Club as a “Premium Area”, including The Carnegie Club, Victory Club, North Coast Social, Infield Boxes, Party Suites and Private Suites.
       “Regular Season” means the Club’s regular season as established, changed and/or modified by MLB.
       “Resale” or “Resell” means any Transfer of a Ticket in exchange for money or any other thing of value.
       “Seat” means the Section, Row and Seat in the Stadium identified on the Ticket.
       “Season Ticketholder Agreement” means the agreement between the Club and a Holder for a series of Regular Season Games at the Ballpark during a Cleveland Guardians baseball season.
       “Ticket Plan” means the plan pursuant to which the Tickets are licensed by Holder and includes Season Tickets, Group Tickets, Suite Tickets, Premium Tickets, General Seating Tickets and individual Event Tickets.
       “Ticket Transfer Restrictions” means the restrictions set forth in Section 7 of this Agreement and any other Ticket restrictions set forth by the Club at the time of, or prior to, the sale of the Ticket to Holder.
       “Transfer(s)” means 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).