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Ticket Policies

Postseason Ticket Policy FAQ

Q: I prefer to sell my tickets on a website other than StubHub. Can I do that? 
A: No, StubHub is the exclusive secondary ticket marketplace for the Cleveland Indians.

Q: Why can I only sell my tickets on StubHub?
A:   The Cleveland Indians have chosen StubHub to be its exclusive secondary ticket marketplace due to several factors including its commitment to customer service and the fact that StubHub provides refunds in the event a ticket transfer on its website is fraudulent. The Cleveland Indians, StubHub and Major League Baseball have been partners for several years and the Cleveland Indians believe the use of StubHub as an exclusive secondary ticket marketplace will provide Cleveland Indians fans with a superior level of customer service.

Q: What amount can I sell my tickets for on StubHub? 
A: While there is no limit to the amount one can sell tickets on StubHub, the Cleveland Indians Ticket Transfer Restrictions prohibit certain resale activity, including activity by someone that acquires tickets with the purpose of reselling the tickets, including those that resell with the intent to realize a profit. As such, if the Club determines that your ticket activity rises to such a level, then it will deem such a transaction or transactions violate its Ticket Transfer Policies.

Q: Am I able to buy tickets and then auction them off at a higher amount than I paid for if the proceeds go to charity? 
A: Yes, the resale or transfer of a Ticket to aid a charitable purpose is permitted.   

Q: What happens if I violate the Cleveland Indians Ticket Transfer Policy?
A:   A violation of the Cleveland Indians Ticket Transfer Policy may lead to the seizure or cancellation of the Ticket without a refund. It also could lead to the future seizure or cancellation of all tickets that are controlled by or affiliated with the holder of the ticket.

Q: Can I sell more than 50% of the tickets I purchased?   
A: No. Unless otherwise authorized by the Club, such transactions would be viewed as Broker Activity and would violate the Cleveland Indians' Ticket Transfer Policies. Those reselling or attempting to resell more than 50% of their tickets may have their tickets cancelled without refund.   

Q: What if I have one extra ticket that I cannot get rid of. Can I sell the ticket on StubHub for more than I paid for it?
A: Yes. The Cleveland Indians do not view that single transaction as one that would be deemed to be Broker Activity, and therefore violate its Ticket Transfer Policies.

Q: How do I know what number of sales or level of profit constitutes Broker Activity?   
A: If you intend to purchase or acquire tickets with the mindset to simply resell the tickets and/or to make a profit in the future on the resale of the tickets, then you should not conduct the transaction as it violates the Cleveland Indians Ticket Transfer Policies.   

Postseason Ticket Back Language

2017 CLEVELAND INDIANS POSTSEASON

TICKET TERMS & CONDITIONS

 

IMPORTANT: YOUR GAME TICKET IS A REVOCABLE LICENSE; 
USER ACCEPTS RISK OF INJURY; AUTHORIZED RE-ENTRY ONLY

By purchasing, accepting or using a ticket ("Ticket") to the Event (as defined below) at Progressive Field ("Ballpark"), Ticket holder ("Holder"), on his/her own behalf and on behalf of any minor accompanying Holder to the Event ("Minor(s)"), agrees to the following terms and conditions (the "Agreement"), which contains an AGREEMENT TO ARBITRATE and a Class Action Waiver.

The Cleveland Indians Baseball Company, LLC ("Club") may change the terms of this Agreement at any time, without notice, and Holder's acceptance, continued possession or use of the Ticket after such change is posted at the Club's website accessible at www.Indians.com will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using the Ticket and/or those of Minor(s).

Holder agrees that: (a) neither Holder nor Minor(s) will transmit or aid in transmitting any information about 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 Club, the Office of the Commissioner of Baseball ("BOC"), and/or Major League Baseball Properties, Inc., 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 and each of their respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners (collectively, the "MLB Entities") and permitted 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 Minor(s) 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.

Holder is subject to the rules and policies of the Club, and Holder (i) consents to allowing the Club or its designated agents to inspect Holder's and/or Minor(s)' person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise, and (ii) acknowledges and agrees that Holder and/or Minor(s) may be denied entry to or ejected from the Event if Holder and/or Minor(s) is/are in possession of any item or object that the Club considers potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder and/or Minor(s) and waives any claims that Holder and/or Minor(s) might have against the "Released Parties" (as defined herein). Holder acknowledges that the Club has no liability for Holder's and/or Minor(s)' person or property.

The Club reserves the right, in its sole discretion, to terminate the revocable license granted by the Ticket and/or those of Minor(s) prior to the time the Event actually takes place by tendering to Holder the purchase price printed on the Ticket and/or those of Minor(s). The Club also reserves the right, in its sole discretion and without refund of any portion of the purchase price, to revoke the license granted by the Ticket and/or those of Minor(s) and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by it to be improper, disorderly or unbecoming; (d) who uses vulgar or abusive language; or (e) who, in the sole judgment of the Club, is engaging in activity or causing a disturbance prohibiting attendees at the Event from enjoying the Event.

ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE CLUB IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.

Holder assumes all risk associated with the purchase of the Ticket and/or those of Minor(s) from anyone other than the Club or its designated agents. Neither the Ticket nor those of Minor(s) may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Club.

TICKET TRANSFER RESTRICTIONS

Each Holder expressly acknowledges and agrees that the Club sells Tickets to an Event at the Ballpark 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 may terminate the revocable license granted by the Club 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). A "Permitted Transfer" is a Transfer that is authorized by or specifically exempted from these Ticket Transfer Restrictions. A "Non-Permitted Transfer" is a Transfer specifically prohibited or determined by the Club to be unauthorized under these Ticket Transfer Restrictions.
  2. "Resale", "Resell" or "Reselling" shall mean any Transfer of a Ticket in exchange for money or any other thing of value.
  3. "Profit" shall mean any financial gain derived from the Resale of a Ticket or Tickets above the amount spent to purchase the Ticket(s), including any tax and service or convenience fees/charges.
  4. "Broker Activity" shall mean any activity by an individual or entity whom purchases or otherwise acquires a Ticket(s) with the purpose or intent of Reselling the Ticket(s), including but not limited to the intent to realize a Profit, 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.

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

  1. Any Broker Activity 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 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 a Ticket by a Holder on a publicly available, secondary ticket marketplace shall occur exclusively on the StubHub ticket marketplace ("StubHub") accessible at www.Indians.com or www.stubhub.com. Any Resale or attempted Resale of a Ticket 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 Club for the usage of the Tickets, (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 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 a Ticket inside the Ballpark is 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.

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 family members, friends, or ticket partnership groups without realizing a Profit regardless of the frequency of the Transfers.
  2. The Resale of a Ticket on StubHub where the purpose for the sale, as determined by the Club in its sole discretion, was unrelated to Broker Activity.

WAIVER AND RELEASE OF LIABILITY

Holder recognizes that attendance of Holder and Minor(s) at the Event is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of his/her surroundings and the surroundings of Minor(s). By using the Ticket or by attending, observing or participating in the Event, Holder acknowledges and assumes all risks and dangers associated with Holder and/or Minor(s) (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 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) 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 (subsections (a) through (g), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder's and/or Minor(s)' participation in, attendance at, and/or observation of the Event and/or the negligence of any of the Released Parties (collectively, the "Released Claims"). Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder or Minor(s) from the Event appear. 

BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).

Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys' fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder's and/or Minor(s)' attendance at, observation of, and/or participation in the Event, (ii) Holder's and/or Minor(s)' acts or omissions, or (iii) Holder's breach of any of the terms, conditions or representations made in the Agreement.

ENTERING THE PLAYING FIELD, DISRUPTING AN EVENT AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH AN EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER ("ARBITRATION AGREEMENT")

The Club cares deeply about maintaining good relationships with fans. If you have a problem with your Ticket and/or those of Minor(s) or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.

Unless prohibited by federal law, Holder and the Club agree to arbitrate any and all claims and disputes relating in any way to Holder's purchase, acceptance or use of the Ticket and/or those of Minor(s), Holder's and/or Minor(s)' participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Holder's and/or Minor(s)' attendance at and/or participation in the Event ("Arbitration Claims"), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and not by state law. 

In any Arbitration Claim to be resolved by arbitration, neither Holder nor the 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.

Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA 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 Indians alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, Minor(s) and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. 

The 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).

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 Indians 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. 

Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to 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, 245 Park Avenue, New York, NY 10167. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.

IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S). 

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. 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 Club. 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. All Events and Event Activities are subject to cancellation. Holder is encouraged to visit www.indians.com for a complete explanation of entry/exit privileges and any Ticket refund/exchange policy. 

Regular Season Ticket Back Language

SHORT-FORM TICKET BACK LANGUAGE

IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE; AUTHORIZED RE-ENTRY ONLY
USER ACCEPTS RISK OF INJURY; ALL GAME DATES/TIMES ARE SUBJECT TO CHANGE

By using this ticket ("Ticket") for the event ("Event") at Progressive Field ("Ballpark"), the Ticket holder ("Holder"), on behalf of himself/herself and any minor(s) accompanying Holder ("Minor"), agrees to the terms and conditions available at www.indians.com/____ (the "Agreement"), also available at the Ballpark box office. Certain terms of the Agreement are summarized below. In the event of a conflict, the Agreement controls.

WARNING: Holder acknowledges and assumes all risks and dangers associated with the Event or any other promotions or activities before, during or after the Event ("Event Activities"), including, but not limited to, the danger of being injured by equipment, objects or persons entering spectator areas ("Risks"), and further acknowledges that attendance is voluntary, and hearby releases, to the furthest extent permitted by law the Cleveland Indians Baseball Company, LLC ("Indians"), Gateway Economic Development Corporation of Greater Cleveland ("Gateway"), Major League Baseball ("MLB"), and all related entities and affiliates, together with their respective agents, players, coaches, officers, employees, owners, directors, members, licensees, sponsors, and vendors (collectively, the "Released Parties") for personal injuries (including death) or loss of personal property resulting from such Risks or any incidents associated with crowds of people.

The revocable license granted by the Ticket will be terminated, and ejection, detention or arrest may result for violating any law or any Ballpark/Event policy, including, entering or throwing anything onto the playing field, offensive language or disruptive behavior. Holder consents to security searches and/or screening and waives all related claims. The resale of the Ticket in violation of applicable law, regulation or the policies of the Indians, MLB and/or their designated agents will invalidate the license granted by the Ticket, and Holder assumes all risks associated with the purchase of the Ticket from unauthorized sources. Holder shall not transmit any images of or information about the Event or the Event Activities. Holder and any Minor consent to and waive compensation for use of their images or other personality rights in connection with the Event or Event Activities. The Ticket shall not be used for advertising, promotion (including contests/sweepstakes), or for other trade purposes. The Ticket is only good for the particular Event indicated and no part of the purchase price will be refunded by the non-use of the Ticket. All Events and Event Activities are subject to cancellation. Holder is encouraged to visit www.indians.com for a complete explanation of Ticket termination rights, Ticket refund/exchange policies and other important rules, regulations and policies with respect to Tickets and access to the Ballpark.

ANY DISPUTE, CLAIM, OR CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION HELD IN CUYAHOGA COUNTY, OHIO. HOLDER SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY

BY ATTENDING THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF AN ACCOMPANYING MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR.

 

 

LONG-FORM TICKET BACK LANGUAGE

 

2017 CLEVELAND INDIANS

ticket terms & conditions

 

IMPORTANT: YOUR GAME TICKET IS A REVOCABLE LICENSE;
USER ACCEPTS RISK OF INJURY; AUTHORIZED RE-ENTRY ONLY

By using a ticket ("Ticket") to the Event (as defined below) at Progressive Field ("Ballpark"), Ticket holder ("Holder"), on his/her own behalf and on behalf of any minor accompanying Holder to the Event ("Minor(s)"), agrees to the following terms and conditions (the "Agreement") which contains an AGREEMENT TO ARBITRATE And A class action waiver. The Cleveland Indians Baseball Company, LLC ("Club") may change the terms of the Agreement at any time, without notice, and Holder's use of the Ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using the Ticket and/or those of Minor(s).

 

Holder agrees that: (a) neither Holder nor Minor(s) will transmit or aid in transmitting any information about 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 Club, the Office of the Commissioner of Baseball ("BOC"), and/or Major League Baseball Properties, Inc., 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 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 and/or those of Minor(s) 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.

Holder is subject to the rules and policies of the Club, and Holder (i) consents to allowing the Club or its designated agents to inspect Holder's and/or Minor(s)' person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise, and (ii) acknowledges and agrees that Holder and/or Minor(s) may be denied entry to or ejected from the Event if Holder and/or Minor(s) is/are in possession of any item or object that the Club considers potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder and/or Minor(s) and waives any claims that Holder and/or Minor(s) might have against the "Released Parties" (as defined herein). Holder acknowledges that the Club has no liability for Holder's and/or Minor(s)' person or property.

The Club reserves the right to terminate the license granted by the Ticket and/or those of Minor(s) prior to the time the Event actually takes place by tendering to Holder the purchase price printed on the Ticket and/or those of Minor(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 by the Ticket and/or those of Minor(s) and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by it to be improper, disorderly or unbecoming; (d) who uses vulgar or abusive language; or (e) who, in the sole judgment of the Club, is engaging in activity or causing a disturbance prohibiting attendees at the Event from enjoying the Event.

ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE CLUB IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.

Holder assumes all risk associated with the purchase of the Ticket and/or those of Minor(s) from anyone other than the Club or its designated agents. Neither the Ticket nor those of Minor(s) may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Club. No offer to resell or resale of the Ticket and/or those of Minor(s) is permitted to the extent prohibited by any applicable federal, state or local law or regulation, or any policy of the Club. Any unauthorized resale will invalidate the license granted by a Ticket. Neither the Ticket nor those of Minor(s) may be resold or offered for resale inside the Ballpark, and any person who sells or offers the Ticket and/or those of Minor(s) for resale at any price inside the Ballpark will be removed from the premises and may be prosecuted.

WAIVER AND RELEASE OF LIABILITY

Holder recognizes that attendance of Holder and Minor(s) at the Event is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of his/her surroundings and the surroundings of Minor(s). By using the Ticket or by attending, observing or participating in the Event, Holder acknowledges and assumes all risks and dangers associated with Holder and/or Minor(s) (i) being a spectator before, during, and after a baseball game (including all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions) 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 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) 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 (subsections (a) through (g), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder's and/or Minor(s)' participation in, attendance at, and/or observation of the Event and/or the negligence of any of the Released Parties (collectively, the "Released Claims"). Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder or Minor(s) from the Event appear.

BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).

Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys' fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder's and/or Minor(s)' attendance at, observation of, and/or participation in the Event, (ii) Holder's and/or Minor(s)' acts or omissions, or (iii) Holder's breach of any of the terms, conditions or representations made in the Agreement.

ENTERING THE PLAYING FIELD, DISRUPTING AN EVENT AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH AN EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER ("ARBITRATION AGREEMENT")

 

The Club cares deeply about maintaining good relationships with fans. If you have a problem with your Ticket and/or those of Minor(s) or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.

 

Unless prohibited by federal law, Holder and the Club agree to arbitrate any and all claims and disputes relating in any way to Holder's purchase or use of the Ticket and/or those of Minor(s), Holder's and/or Minor(s)' participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Holder's and/or Minor(s)' attendance at and/or participation in the Event ("Arbitration Claims"), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and not by state law.

 

In any Arbitration Claim to be resolved by arbitration, neither Holder nor the 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.

 

Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA 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 Indians alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, Minor(s) and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

 

The 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).

 

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 Indians 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.

 

Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to 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, 245 Park Avenue, New York, NY 10167. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.  

 

IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).

 

TICKET USE/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.

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 Club. 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. All Events and Event Activities are subject to cancellation. Holder is encouraged to visit www.indians.com for a complete explanation of entry/exit privileges and any Ticket refund/exchange policy.

Postseason Ticket Transfer Restrictions

CLUB'S TICKET TRANSFER RESTRICTIONS

 

By purchasing, accepting or using a ticket ("Ticket") to a Cleveland Indians postseason baseball game ("Event") at Progressive Field ("Ballpark"), Ticket holder ("Holder"), on his/her own behalf and on behalf of any minor accompanying Holder to the Event ("Minor(s)"), 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 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). A "Permitted Transfer" is a Transfer that is authorized by or specifically exempted from these Ticket Transfer Restrictions. A "Non-Permitted Transfer" is a Transfer specifically prohibited or determined by the Club to be unauthorized under these Ticket Transfer Restrictions.
  2. "Resale", "Resell" or "Reselling" shall mean any Transfer of a Ticket in exchange for money or any other thing of value.
  3. "Profit" shall mean any financial gain derived from the Resale of a Ticket or Tickets above the amount spent to purchase the Ticket(s), including any tax and service or convenience fees/charges.
  4. "Broker Activity" shall mean any activity by an individual or entity whom purchases or otherwise acquires a Ticket(s) with the purpose or intent of Reselling the Ticket(s), including but not limited to the intent to realize a Profit, 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.
  5. "Club" shall mean the Cleveland Indians Baseball Company, LLC, and each of its past, present and future subsidiaries, affiliates, agents, officers, employees and owners.
  6. "BOC" shall mean the Office of the Commissioner of Baseball.
  7. "MLB Entities" shall mean the BOC, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, each of the Major League Baseball Clubs, and each of their respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners.

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

  1. Any Broker Activity 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 Ticket, (ii) the seizure or cancellation of 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 a Ticket by a Holder on a publicly available, secondary ticket marketplace shall occur exclusively on the StubHub ticket marketplace ("StubHub") accessible at www.Indians.com or www.stubhub.com. Any Resale or attempted Resale of a Ticket 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 or cancellation of 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 a Ticket inside the Ballpark is 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.

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 family members, friends, or ticket partnership groups without realizing a Profit regardless of the frequency of the Transfers.
  2. The Resale of a Ticket on StubHub where the purpose for the sale, as determined by the Club in its sole discretion, was unrelated to Broker Activity.

 

Group Ticket Sales

CLEVELAND INDIANS GROUP TICKET SALES

TERMS AND CONDITIONS

The purchaser of Cleveland Indians group tickets ("Group Tickets") on behalf of himself/herself and the representative entity or group of people (collectively the "Group") shall be entitled to use the Group Tickets pursuant to these Cleveland Indians Group Ticket Sales Terms and Conditions ("Terms and Conditions") for the Cleveland Indians baseball game(s) at Progressive Field ("Ballpark") as indicated on the Group Ticket invoice (the "Invoice"), which shall be incorporated herein by reference. 

By tendering a payment to the Cleveland Indians Baseball Company, LLC ("Cleveland Indians"), creating a group account through My Indians Tickets ("Group Account"), accepting Group Tickets, and/or redeeming any Group Tickets for admission to any Cleveland Indians baseball game, the Group and each Group Ticket Holder expressly agrees to be bound by the following:  

  1. The purchase of Group Tickets to the Ballpark shall require the placement of a non-refundable/non-transferable Group Ticket deposit ("Deposit") as set forth on the Invoice.
  2. Group Ticket seat locations, pricing and game date(s) are subject to availability. Additional Group Tickets may be added to an original reservation at a later date, subject to availability. Since Cleveland Indians individual game tickets are dynamically priced, Group Tickets reserved at a later date may be priced differently than those Group Tickets previously reserved. All other information concerning Group Ticket seat locations, parking, food options, pricing and/or game date(s) will be set forth on the Invoice. In the event there is a conflict between the terms contained in these Terms and Conditions and the more specific terms contained in the Invoice, the more specific terms contained in the Invoice shall control. 
  3. Full payment for Group Tickets is required at least thirty (30) days in advance of the Group outing. In the event Group Tickets are reserved within thirty (30) days from the date of the Group outing, then full payment is required at the time of the reservation. All payments for Group Tickets must be made through the Cleveland Indians Group Sales Department.
  4. Group Ticket sales are final and no refunds or exchanges will be made, except as expressly provided in these Terms and Conditions, the Invoice or pursuant to the Cleveland Indians rainout/exchange policies located at www.indians.com. If the Ballpark gates open for the scheduled game date event, then food will be served for the picnic areas, Club seating and Private Suites, rain or shine.
  5. Each Group Ticket is a limited, revocable license (the "Revocable License") granted by the Cleveland Indians to attend the baseball game at the Ballpark listed on the applicable Group Ticket. Notwithstanding any other provision contained herein, the Group acknowledges and agrees that the Revocable License may be terminated by the Cleveland Indians at any time with or without cause in the sole discretion of the Cleveland Indians.
  6. A Group representative ("Group Account Holder") will have the option to manage the Group Tickets digitally, or may choose to have the Group Tickets printed by the Cleveland Indians for an additional service and handling fee. The Cleveland Indians reserve the right to set a limit on how many Group Tickets a Group may purchase.
  7. The Group Tickets and the Group Account shall be subject to all of the following:  

(a) the Terms and Conditions;

(b) the Ticketback language on the back of each Group Ticket (which are incorporated by reference);

(c) all Ballpark and ticketing policies and procedures located on the Cleveland Indians website at www.indians.com;

(d) any instructions or warning on any signage at the Ballpark; and

(e) any terms or conditions issued orally or in writing by authorized Cleveland Indians or Ballpark personnel.

The Cleveland Indians reserve the right to amend or supplement these Terms and Conditions by (i) providing written notice to the Group Account Holder or (ii) posting such revisions or amendments to the Terms and Conditions on www.indians.com when adopted by the Cleveland Indians. It is the responsibility of the Group to read and comply with all information. The Cleveland Indians are not responsible for problems, losses or inconveniences experienced because a Group did not read information regarding the Group Account or these Terms and Conditions, or because the information was mailed to a former or incorrect physical or e-mail address.

  1. Group Accounts shall not be assigned or transferred in any manner without the express consent of the Cleveland Indians. In the event of any purported transfer, offer of transfer, or attempted transfer of a Group Account, the Cleveland Indians have the right, but not the obligation, to terminate the Group Account by providing written notice to the Group. Only the Group Account Holder of record is allowed to make any changes to the Group Account. The Group Account Holder or other Group representative should contact the Cleveland Indians by mail or phone if contact information changes. The Cleveland Indians reserve the right to require any representative of the Group to provide proof of identity and authorization to act before making any Group Account changes.
  2. By attending any Cleveland Indians baseball game, the holder of the Group Ticket ("Group Ticket Holder") assumes all risk and danger incidental to the baseball game, and all other activities, promotions or events at the Ballpark before, during or after the baseball game, including, but not limited to, the danger of being injured by equipment, objects or persons entering spectator areas. By attending the baseball game, each Group Ticket Holder further acknowledges that his/her attendance at the baseball game and all game events are voluntary, and therefore releases, to the furthest extent permitted by law, the Cleveland Indians, Gateway Economic Development Corporation of Greater Cleveland, Tickets.com, and all entities and affiliates associated with Major League Baseball ("MLB") together with their respective agents, players, officers, employees and owners for injuries or loss of personal property resulting from all risk and danger incidental to the baseball game and the risks or any incidents associated with crowds of people.
  3. Group Tickets are intended for those individuals identified as members of the Group or associated with the Group. The Cleveland Indians reserve the right to revoke or terminate the Revocable License granted through the Group Tickets without any refund or compensation if in the Cleveland Indians sole discretion, the Group, the Group Account Holder or a Group Ticket Holder violates any of these applicable Terms and Conditions or otherwise acts in any manner that could negatively affect the experience of any other person at the Ballpark. Neither the Group Ticket nor these Terms and Conditions confer any property right to the Group or the Group Ticket Holder.
  4. Group Tickets are subject to additional restrictions and may not be available for all Ballpark Events. Group Tickets are not available to ticket brokers or ticket resellers. The sale, attempted sale or transfer in some other manner of Group Tickets above face value, as established by the Cleveland Indians, or similar commercial activities involving the brokering or reselling of Group Tickets is prohibited. Any sale, attempted sale or other transfer of Group Tickets above the face value of the Group Ticket shall constitute a material breach of the Terms and Conditions. In addition to the terms set forth herein, Group Tickets shall not be transferred, resold or offered for resale in a manner or at a price in violation of any existing law or regulation.
  5. Without the express, written consent from the Cleveland Indians, the Group Account and Group Tickets obtained by the Group shall not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes.
  6. The Cleveland Indians expressly reserve the right to:

(a) change Group Ticket and/or Group Account policies and prices at any time and for any reason;

(b) charge an administrative fee in connection with any reissuance of any Group Tickets that are lost or stolen or any approved correction or change to the Group Account information; or

(c) refuse to sell Group Tickets to any individual or entity, including, but not limited to, individuals or entities who:

(i)    fail to comply with any applicable payment deadline or other condition or restriction;

(ii)   transfer, sell, or attempt to sell Group Tickets in violation of the terms set forth herein; or

(iii) engage in, or permit the use of their Group Tickets by any person who engages in, conduct prohibited by Cleveland Indians or Ballpark policies;

  1. The Cleveland Indians reserve the right to suspend, modify, replace and/or cancel the Group Account at any time in its sole discretion. Any errors or mismanagement of the Group Account by the Group or a Group member shall not be the responsibility of the Cleveland Indians. The Cleveland Indians are not responsible for lost Group Tickets, stolen Group Tickets, or Group Tickets left at another location. Group Tickets may be replaced at the sole discretion of the Cleveland Indians who may impose an additional cost. Stolen Group Tickets will be replaced only upon written request made by the Group, accompanied with a police report identifying the theft of the Group Tickets. In the event the Cleveland Indians replace any Group Ticket, the replacement Group Ticket will be honored over the original Group Ticket in all cases and the original Group Ticket will be null and void.
  2. All pre-game or post-game events at the Ballpark, including but not limited to, pyrotechnic displays, post-game concerts or other promotions are subject to cancellation and no part of the Group Ticket purchase price will be refunded in the event of such cancellation.
  3. Each Group Ticket Holder understands and agrees that all belongings may be searched upon entry or at any time while inside the Ballpark, and any prohibited item may be confiscated. If a Group Ticket Holder does not consent to a search, then he/she will be refused admission or ejected from the Ballpark.
  4. Each Group Ticket Holder that attends a baseball game at the Ballpark grants the Cleveland Indians, MLB, the MLB Clubs and their authorized sponsors permission to utilize, in any media whatsoever, the Group and/or each Group Ticket Holder's voice, image and likeness in any broadcast, photograph, video and/or audio sound recording taken in connection with the baseball game.
  5. In consideration for being allowed to purchase Group Tickets, each Group Ticket Holder agrees that ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THE PURCHASE, SALE OR USE OF CLEVELAND INDIANS TICKETS OR ATTENDANCE AT THE CLEVELAND INDIANS GAMES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. Group Ticket Holders WAIVE ALL RIGHTS TO A TRIAL BY JURY in any action or proceeding involving any claim regarding the Group Tickets and/or these Terms and Conditions Any claim arising from the purchase, sale or use of Group Tickets shall be governed by the laws of the State of Ohio. The arbitration shall be held in Cuyahoga County, Ohio, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Group Ticket Holders agree that the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Ohio, provided that: (1) the arbitrator shall not have authority to award consequential damages (regardless of foreseeability) or punitive damages; and (2) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act. 

Regular Season Ticket Agreement

CLEVELAND INDIANS REGULAR SEASON TICKET
TERMS AND CONDITIONS

This Cleveland Indians Regular Season Ticket Agreement (the "Agreement") is entered into between the purchaser of Cleveland Indians regular season tickets ("Account Holder") and the Cleveland Indians Baseball Company, LLC ("Cleveland Indians").

By purchasing Cleveland Indians regular season tickets ("Ticket(s)"), and in consideration of the promises and mutual covenants herein, and for other good and valuable consideration, the receipt and sufficing of which is hereby acknowledged by the parties, the parties agree as follows:

  1. All Ticket sales are final and no refunds or exchanges will be made, except as expressly provided in this Agreement.
  2. Each Ticket to a Cleveland Indians baseball game is a limited, revocable license (the "Revocable License") granted by the Cleveland Indians to attend the baseball game at Progressive Field ("Ballpark") listed on the applicable Ticket. The "Account" is the Revocable License granted by this Agreement to the Account Holder to purchase the number of Tickets specified on the Ticket invoice ("Invoice") provided to Account Holder by the Cleveland Indians for the price set forth on the Invoice. Notwithstanding any other provision of this Agreement, the Account Holder acknowledges and agrees the Revocable License may be terminated by the Cleveland Indians at any time with or without cause in the sole discretion of the Cleveland Indians. The Cleveland Indians reserve the right to set a limit on how many Tickets an Account Holder may purchase and further reserve the right to modify or change all terms and conditions set forth in this Agreement.
  3. The terms and conditions applicable to the Tickets and the Account include those provided:
    1. in this Agreement;
    2. on each Ticket (which are incorporated by reference in this Agreement);
    3. on the Cleveland Indians website at www.indians.com;
    4. on any signage at Progressive Field;
    5. orally or in writing by authorized Cleveland Indians or Ballpark personnel.

The Cleveland Indians reserve the right to amend or supplement the terms and conditions contained in this Agreement by providing either (i) written notice to Account Holder or (ii) posting such revisions or amendments to the terms and conditions on www.indians.com when adopted by the Cleveland Indians. It is the responsibility of Account Holder to read and comply with all information. The Cleveland Indians are not responsible for problems, losses or inconveniences experienced because Account Holder did not read information regarding the Account or this Agreement, or because the information was mailed to a former or incorrect physical or e-mail address.

  1. Accounts shall not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Account Holder to any other person or entity without the express consent of the Cleveland Indians. In the event of any purported transfer, offer of transfer, or attempted transfer of an Account, the Cleveland Indians have the right, but not the obligation, to terminate this Agreement and the Account by providing written notice to Account Holder and tendering the remaining pro rata portion of the amount paid by Account Holder within a reasonable time after providing such notice. Only the Account Holder of record is allowed to make changes to the Account. Account Holders should contact the Cleveland Indians by mail or phone if contact information changes. The Cleveland Indians reserve the right to require an Account Holder to provide proof of identity and authorization to act before making any Account changes.
  2. 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 Account Holder's Account at www.triberewards.com, and shall be subject to the terms and conditions applicable to the Tickets and the Account as set forth herein.
  3. The Cleveland Indians reserve the right to revoke or terminate the Revocable License granted to an Account Holder through this Agreement or granted through a Ticket without any refund or compensation if, in the Cleveland Indians sole discretion, an Account Holder, Registered Share Partner or Ticket Holder violates the terms of this Agreement or otherwise acts in any manner that in the opinion of the Cleveland Indians, could negatively affect the experience of any other person at the Ballpark or violates other policies and regulations of the Cleveland Indians.
  4. The sale, attempted sale or otherwise transfer for value of over 50% of Tickets in an Account to persons or entities that are not Registered Share Partners or similar commercial activities involving the Tickets shall define an Account as a "Broker Account" for the purposes of this Agreement. Any gifting of Tickets or the authorized sale or transfer of Tickets to Registered Share Partners shall not constitute a sale or transfer of Tickets for purposes of defining a Broker Account as set forth herein.
  5. Account Holders may be requested by the Cleveland Indians to self-identify an Account as a Broker Account or a non-Broker Account based upon the definition of such in paragraph 7 of this Agreement. All Account Holders shall respond to such request truthfully. The parties agree it is a material breach of this Agreement for an Account Holder to fail to disclose to the Cleveland Indians the person or entity's Account as a Broker Account (e.g. an Account whereby over 50% of Tickets are sold, attempted to be sold or otherwise transferred for value to any person or entity that is not an authorized Registered Share Partner). Those Account Holders that identify their Account as a non-Broker Account are required to notify the Cleveland Indians in the event their status changes and over 50% of the Tickets in the Account are sold, attempted to be sold or otherwise transferred for value to a person or entity not identified as a Registered Share Partner. Failure to notify the Cleveland Indians of a changed status to a Broker shall also be a material breach of this Agreement.
  6. Certain Accounts may be eligible to receive benefits, experiences and/or discounts ("Benefits"), including but not limited to Tribe Rewards, in addition to their Tickets. Determinations about Accounts that qualify for such Benefits are at the sole discretion of the Cleveland Indians and may require becoming a member to a Cleveland Indians season ticketholder membership program. Benefits and/or membership rights may be modified, revoked or terminated by the Cleveland Indians, as to an Account, at any time and for any reason, without compensation or damages of any kind. Broker Accounts may not be eligible for Benefits or membership privileges.
  7. Tickets shall not be resold or offered for resale in a manner or at a price (i) in violation of any existing law, policy or regulation, or (ii) contrary to the rules and regulations of this Agreement.
  8. Absent express, written consent from the Cleveland Indians, the Account and Tickets obtained by the Account Holder shall not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes.
  9. Subject to the Cleveland Indians right to terminate the Revocable License granted by it at any time as set forth in paragraph 2 above, Ticket Accounts are offered on a single-regular season basis only. Accordingly, an Account does not entitle the Account Holder or any Registered Share Partner to Tickets for a particular seat or seating area in any subsequent year and only permits access to such seats for the current year such access at all times subject to the rights of the Cleveland Indians as set forth in this Agreement.    Under no circumstances shall an Account or this Agreement confer any ownership, property or leasehold rights in Tickets for Account Holders or Registered Share Partners. Ticket sales are subject to any changes, limitations and/or deadlines that have been or may be imposed by the Cleveland Indians. In particular, the Cleveland Indians expressly reserve the right to:
    1. change Ticket and/or Account policies and prices at any time and for any reason;
    2. disallow Benefits or apply Benefits differently to different Accounts, including without limitation Broker Accounts, as such term is defined herein;
    3. charge an administrative fee in connection with any reissuance of Tickets that are lost or stolen or any approved correction or change to Account information; or
    4. refuse to sell Tickets to any individual or entity, including, but not limited to, individuals or entities who:
      1. fail to comply with any applicable payment deadline or other condition or restriction of this Agreement;
      2. misrepresent or fail to properly disclose to the Cleveland Indians whether an Account is a Broker Account or a non-Broker Account; or
      3. engage in, or permit the use of their Tickets by any person who engages in, conduct prohibited by Cleveland Indians or Ballpark policies;
  10. The Account does not entitle the Account Holder to tickets for any Tie-Breaker Game(s), American League Wild Card Game(s), American League Division Series ("ALDS"), American League Championship Series ("ALCS") or World Series (collectively, a "Post-Season Game"), exhibition games or other events held at the Ballpark (collectively, a "Non-Regular Season Event"). Subject to the limitations set forth in paragraph 15 below, the Cleveland Indians may, in its sole discretion, offer tickets to the Account Holder, through the Account, for Non-Regular Season Events. All Non-Regular Season Events shall be subject to the terms of this Agreement, any rules set forth by Major League Baseball ("MLB") or the applicable Non-Regular Season Event promoter, or any other additional terms and conditions adopted for the Non-Regular Season Event.
  11. If the Cleveland Indians are authorized by MLB to issue Post-Season Game tickets, eligible Account Holders may be entitled to purchase Post-Season Game tickets in accordance with rules and regulations adopted by the Cleveland Indians directly attributable to Post-Season Game tickets and made available to such eligible Account Holder following MLB authorization to issue tickets ("Post-Season Regulations"). Not all Accounts, including Broker Accounts, may be eligible for Post-Season Game priority seating or tickets. All terms and conditions that apply to Tickets, including those contained in this Agreement as specified in the Post-Season Regulations, shall apply to Post-Season Game Tickets purchased by eligible Account Holders. Post-Season Game Tickets may be subject to additional terms and conditions. All eligible Account Holders understand and acknowledge that their seats may be relocated from regular season seating locations.
  12. The Cleveland Indians may provide an electronic ticket exchange and/or transfer system (the "System") to Account Holders. Any and all use of the System is subject to the terms and conditions of this Agreement and with those associated with accessing the System. The Cleveland Indians reserve the right to suspend, modify, replace and/or cancel the System at any time in their sole discretion. The Cleveland Indians reserve the right to cancel access to the System in the event any Account Holder or Registered Share Partner violates this Agreement and/or the terms and conditions associated with accessing the System.
  13. Any errors or mismanagement of the System by Account Holder or a Registered Share Partner shall not be the responsibility of the Cleveland Indians. The Cleveland Indians are not responsible for lost Tickets, stolen Tickets, or Tickets left at another location. Tickets may be replaced at the sole discretion of the Cleveland Indians who may impose an additional cost. Stolen Tickets will be replaced only upon written request made by the Account Holder, accompanied with a police report identifying the theft of the Tickets. In the event the Cleveland Indians replace any Ticket, the replacement Ticket will be honored over the original Ticket in all cases and the original Ticket will be null and void.
  14. All pre-game or post-game events at the Ballpark, including but not limited to, pyrotechnic displays, post-game concerts or other promotions are subject to cancellation and no part of the Ticket purchase price will be refunded in the event of such cancellation.
  15. By attending any Cleveland Indians baseball game, the holder of the Ticket ("Ticket Holder") assumes all risk and danger incidental to the baseball game, and all other activities, promotions or events at the Ballpark before, during or after the baseball game, including, but not limited to, the danger of being injured by equipment, objects or persons entering spectator areas. By attending the baseball game, each Ticket Holder further acknowledges that his/her attendance at the baseball game and all game events are voluntary, and therefore releases, to the furthest extent permitted by law, the Cleveland Indians, Gateway Economic Development Corporation of Greater Cleveland, Tickets.com, and all entities and affiliates associated with Major League Baseball ("MLB") together with their respective agents, players, officers, employees and owners for injuries or loss of personal property resulting from all risk and danger incidental to the baseball game and the risks or any incidents associated with crowds of people.
  16. Each Ticket Holder understands and agrees that all belongings may be searched upon entry or at any time while inside the Ballpark, and any prohibited item may be confiscated. If a Ticket Holder does not consent to a search, then he/she will be refused admission or ejected from the Ballpark.
  17. Each Ticket Holder that attends a baseball game at the Ballpark grants the Cleveland Indians, MLB, the MLB Clubs and their authorized sponsors permission to utilize, in any media whatsoever, the Account Holder's voice, image and likeness in any broadcast, photograph, video and/or audio sound recording taken in connection with the baseball game attended by Account Holder.
  18. In consideration for being allowed to purchase Tickets, each Account Holder agrees that ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THE PURCHASE, SALE OR USE OF CLEVELAND INDIANS TICKETS OR ATTENDANCE AT THE CLEVELAND INDIANS GAMES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. Account Holders and the Cleveland Indians WAIVE ALL RIGHTS TO A TRIAL BY JURY in any action or proceeding involving any claim regarding the Tickets and/or this Agreement. Any claim arising under this Agreement shall be governed by the laws of the State of Ohio. The arbitration shall be held in Cuyahoga County, Ohio, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Account Holders and the Cleveland Indians agree that the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Ohio, provided that: (1) the arbitrator shall not have authority to award consequential damages (regardless of foreseeability) or punitive damages; and (2) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act.
  19. The Cleveland Indians may terminate this Agreement at any time upon providing written notification to Account Holder. Unless such termination is the result of a material breach of the terms and conditions explained herein, in which case Account Holder shall not be entitled to any refund, future credit, or damages of any kind, the Cleveland Indians shall refund the pro rata portion of the Ticket Fees for the remaining home games in the term to the Account Holder within a reasonable time.
  20. By tendering a payment to the Cleveland Indians, creating the Account, accepting Tickets, and/or redeeming any Tickets for admission to any Cleveland Indians baseball game, Account Holder expressly agrees to be bound by this Agreement.