IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE; AUTHORIZED RE-ENTRY ONLY
USER ACCEPTS RISK OF ILLNESS AND INJURY; EVENT DATES/TIMES ARE SUBJECT TO CHANGE
By acceptance and/or use of a ticket, or any electronic form thereof, (collectively, the “Ticket”) for the event (“Event”) at Progressive Field (“Ballpark”), the Ticket holder (“Holder”), on behalf of (i) himself/herself, (ii) any minor(s) accompanying Holder, and/or (iii) any other accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable Ticket terms)(collectively with any accompanying minor an “Accompanying Party”), agrees to the terms available at www.indians.com/ticketpolicies (the “Agreement”), also available at the Ballpark box office or by calling (216) 420-HITS to request a copy. 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/activities before, during or after the Event (“Event Activities”), acknowledges that attendance is voluntary, and further agrees that the Cleveland Indians Baseball Company, LLC (“Indians”), Gateway Economic Development Corporation of Greater Cleveland, Major League Baseball (“MLB”), and all related entities and affiliates, together with their respective owners, officers, directors, employees, agents, licensees, sponsors, and vendors (collectively, the “Released Parties”), will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered in connection with the Event/Event Activities, the negligence of any of the Released Parties or any other incidents caused by crowds of people. By attending the Event/Event Activities, Holder is deemed to have given a full release of liability to the Released Parties to the fullest extent permitted by law from any and all claims which Holder, and/or any Accompanying Party, has or may have for causes of action arising out of attendance at, observation of and/or participation in the Event/Event Activities. If Holder does not wish to or is not authorized to grant such rights, releases and waivers on behalf of an Accompanying Party, Holder should immediately leave the Ballpark with each Accompanying Party.
COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to COVID-19 exists in any public place regardless of precautions that may be taken. Holder, on his/her behalf and on behalf of any Accompanying Party, agrees to (1) assume all risks associated with COVID-19 and other communicable diseases; and (2) comply with all related health and safety policies of the Indians and the Ballpark owner/operator, including those set forth at www.indians.com/ticketpolicies.
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 health and security searches and/or screening and waives all related claims, and also consents to health-related conditions for attendance, including any requirements pertaining to the wearing of masks and/or social distancing. 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 or aid in transmitting any images, videos, audio, livestreams or other accounts or descriptions about the Event/Event Activities in any media. Holder and any Accompanying Party consent to and waive compensation for use of their images or other personality rights in connection with the Event/Event Activities. The Ticket shall not be used for advertising, promotion (including contests), 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/Event Activities are subject to modification or cancellation. Please visit www.indians.com for a complete explanation of Ticket termination rights, Ticket refund/exchange policies and other important terms with respect to Tickets and access to the Ballpark.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
*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. NEITHER THE HOLDER NOR THE RELEASED PARTIES SHALL 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. *
2021 CLEVELAND INDIANS
TICKET TERMS & CONDITIONS – REGULAR SEASON
IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE;
USER ACCEPTS RISK OF ILLNESS AND/OR INJURY; AUTHORIZED RE-ENTRY ONLY
By using a ticket (“Ticket”) to the Event (as defined below) at Progressive Field (or any other venue in which the 2021 Cleveland Indians “home” games may be played) (collectively, and together with surrounding areas, including parking lots, the “Ballpark”), Ticket holder (“Holder”), on his/her own behalf and on behalf of (i) any minor accompanying Holder to the Event; and/or (ii) any other accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable Ticket terms) (collectively, an “Accompanying Party”), 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 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.
Holder agrees that: (a) neither Holder nor any Accompanying Party will transmit or aid in transmitting any information about the game or event at the Ballpark to which the Ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-event, post-event or between-inning/intermission activities, promotions, concerts or competitions offered in connection with the game or event at the Ballpark (collectively, the “Event”), 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 “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 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 and 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.
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 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 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 considers 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.
Each Ticket to an Event at the Ballpark is a limited, revocable license (the “Revocable License”) granted by the Club to attend the Event listed on the applicable Ticket. The Club reserves the right to terminate the Revocable 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 Revocable License granted 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, derogatory or abusive language; (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; (f) who refuses to comply with any Health-related Conditions; and/or (g) whose condition or conduct jeopardizes the safety of attendees at the Event.
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.
TICKET PURCHASE AND TRANSFER RESTRICTIONS
Each individual or entity purchasing, acquiring or using a Ticket expressly acknowledges and agrees that the Club sells Tickets to an Event at the Ballpark for the purpose of permitting that 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 the Club’s Ticket Transfer Restrictions the following defined terms shall apply:
“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).
“Permitted Transfer” shall mean a Transfer that is authorized by or specifically exempted from these Ticket Transfer Restrictions.
“Non-Permitted Transfer” shall mean a Transfer specifically prohibited or determined by the Club to be unauthorized under these Ticket Transfer Restrictions.
“Resale” or “Resell” shall mean any Transfer of a Ticket in exchange for money or any other thing of value.
“Excess Value” shall mean the monetary value derived from the Resale of Ticket(s) in excess of (i) the price established by the MLB Entities or the Club when such Ticket(s) were sold or distributed by the Club, including any tax, service or convenience fees/charges charged by the Club and (ii) fees charged to the Holder by the StubHub Ticket exchange (“StubHub”) in connection with such Resale transaction. Any Holder who needs assistance in determining the actual price of a Ticket may contact the Club to obtain such information.
“Broker Activity” shall mean 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.
By the acceptance, possession or use of a Ticket(s), each Holder (regardless of whether such Holder is the original purchaser from the Club or an acquirer of the Ticket(s) from a third party), on his behalf and on behalf of any Accompanying Party, acknowledges and agrees to the following:
(a) 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.
(b) 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 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.
(c) 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.
In addition to the foregoing, Holder and 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 (a) terms that mandate or prescribe the quantity of Tickets available to be purchased, (b) additional requirements regarding Accompanying Parties, and (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 that are controlled by or affiliated with such Holder or individuals/entities determined by the Club to be associated with such Holder, including but not limited to any Accompanying Party.
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 Cleveland Indians account at www.triberewards.com (“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:
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.
The Resale of a Ticket(s) on StubHub 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.
The Club reserves the right to revoke or terminate the Revocable License for Tickets granted to a Holder and/or Accompanying Party through this Agreement without any refund or compensation if, in the Club’s sole discretion, a Holder, Accompanying Party or Registered Share Partner violates the terms of this Agreement, acts in any manner that in the opinion of the Club could negatively affect the experience of any other person at the Ballpark, or violates other policies and regulations of the Club, including any Additional Conditions.
Notwithstanding the provisions of these Ticket Transfer Restrictions with respect to Broker Activity, certain Holders may be permitted to engage in Broker Activity. If a Holder is permitted by the Club to engage in Broker Activity, the Holder and all other parties deemed necessary by the Club (collectively the “Broker Parties”) must agree to be bound by certain additional terms and conditions, set forth in a separate agreement, in writing, between the Club, Holder and the Broker Parties.
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 any ticket(s) from anyone other than the Club or its designated agents. Tickets may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Club. In addition to restrictions on the sale of a Ticket as set forth by the Club, 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. Any unauthorized resale will invalidate the Revocable License granted by a Ticket. Tickets may not be resold or offered for resale inside the Ballpark, and any person who sells or offers a Ticket for resale at any price inside the Ballpark will be removed from the premises and may be prosecuted.
ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY
HOLDER RECOGNIZES THAT ATTENDANCE OF HOLDER AND ANY ACCOMPANYING PARTY 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 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 OR ILLNESS ASSOCIATED WITH CROWDS OF PEOPLE OR THE ACTIONS, NEGLIGENCE OR MISCONDUCT OF OTHER SPECTATORS.
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 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 COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS 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 MINOR(S) FROM THE EVENT APPEAR
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.
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (a “Communicable Disease”). 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.
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 (i) Holder’s and/or Accompanying Party’s attendance at, observation of, and/or participation in the Event, (ii) Holder’s and/or Accompanying Party’s acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.
COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUB AND GATEWAY.
Holder, on 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 and/or the Ballpark owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at https://www.mlb.com/indians/ballpark/information/security, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this Ticket and the Event date, (2) all Additional Conditions, and (3) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
In addition to the assumptions of risk and releases stated herein, Holder, on behalf of Holder, any Accompanying Party and their Related Persons, further acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Ballpark. By using this Ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other 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 within fourteen (14) days preceding the Event, they have:
1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
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.
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.
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 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 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, 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.
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, 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.
*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. *
** 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 to use it for the Event.
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 use the Ticket on the date or dates on which such Event is rescheduled or resumed or for a future Event date(s), 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 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. Holder is encouraged to visit www.indians.com for a complete explanation of entry/exit privileges and any Ticket refund/exchange policy.