IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE; AUTHORIZED RE-ENTRY ONLY
USER ACCEPTS RISK OF INJURY; ALL EVENT DATES/TIMES ARE SUBJECT TO CHANGE
By acceptance and/or use of this ticket, or any electronic form thereof, (collectively, the "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/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 ("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"), will not be responsible for any personal injury (including death), 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 an accompanied Minor(s), 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 accompanied Minor(s), Holder should immediately leave the Ballpark with the Minor(s).
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 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 Minor 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/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/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.
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.
2020 CLEVELAND INDIANS
Ticket Terms & Conditions - Regular season
IMPORTANT: YOUR EVENT 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 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 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 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.
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 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 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; 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.
TICKET 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), 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 ("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.
- (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.
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 there was not intent to realize Excess Value regardless of the frequency of the Transfers.
- 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.
The Club reserves the right to revoke or terminate the Revocable License for Tickets granted to a Holder through this Agreement without any refund or compensation if, in the Club's sole discretion, a Holder 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.
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 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. In addition to restrictions on the sale of a Ticket as set forth by 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. Any unauthorized resale will invalidate the Revocable 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 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 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.