IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT; THIS TICKET LIMITS USER'S LEGAL RIGHTS
By using this ticket, ticket holder ("Holder"), on his/her own behalf and on behalf of any minor accompanying Holder to the Event (as defined below) ("Minor(s)"), agrees to the following terms and conditions (the "Agreement") which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. Major League Baseball Properties, Inc. ("MLBP") may change the terms of the Agreement at any time, without notice, and Holder's use of this ticket after such change is posted shall mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using this ticket and/or those of Minor(s):
Holder agrees that: (a) neither Holder nor Minor(s) shall transmit or aid in transmitting any information about the game or event to which this ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-game, post-game or between-inning activities, promotions or competitions offered in connection with the game or event (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) MLBP is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (c) MLBP, Major League Baseball Players Association, 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 (collectively, the "MLB Entities") and certain current and future rightsholders, sponsors and licensees of such MLB Entities shall 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 to the MLB Entities are assignable. Holder is subject to any rules and policies which are posted at the Event website.
Holder (i) consents to allowing the MLB Entities 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 is prohibited under the Guest Conduct Policy or that the MLB Entities consider 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 MLB Entities have no liability for Holder's and/or Minor(s)' person or property.
The MLB Entities reserve the right to terminate the license granted by this ticket and/or those of Minor(s) by tendering to Holder the purchase price printed on this ticket and/or those of Minor(s). Further, the MLB Entities reserve the right, without refund of any portion of the purchase price, to revoke the license granted by this ticket and/or those of Minor(s) and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who violates the Guest Conduct Policy, (c) who appears to be or is intoxicated; (d) whose conduct is deemed by any of the MLB Entities to be improper, disorderly or unbecoming; or (e) who uses vulgar or abusive language.
ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE MLB ENTITIES ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Holder assumes all risk associated with the purchase of this ticket and/or those of Minor(s) from anyone other than Publicidad Jastel SA de CV, MLBP or Estadio de Beisbol ("Stadium") or their designated agents. Neither this 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 MLBP. No resale of a ticket is permitted via the internet or any other interactive media. No offer to resell or resale of this ticket and/or those of Minor(s) is permitted to the extent prohibited by any applicable law or regulation. Any resale referenced above shall invalidate the license granted by this ticket and/or those of Minor(s) without any compensation to Holder and/or Minor(s). Neither this ticket nor those of Minor(s) may be resold or offered for resale inside the Stadium, and any person who sells or offers this ticket and/or those of Minor(s) for resale at any price inside the Stadium shall be removed from the premises, have his/her ticket canceled without compensation, 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 this ticket or by attending, observing or participating in the Event, Holder, on behalf of himself/herself and Minor(s), 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 (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 specifically (but not exclusively) 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, (b) the MLB Entities' respective past, present and future licensees, sponsors, rightsholders, and vendors, and all of their successors and assigns, (c) all other Major League Baseball-related entities, (d) the Stadium and the owners and/or operators thereof, (e) the City of Monterrey, (f) any ticket manufacturer or provider, (g) any governmental body associated with the Stadium, and (h) 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 (h), collectively, the "Released Parties"), shall 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)': (x) participation in, attendance at, and/or observation of the Event, and/or (y) 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 EVENT WITH THE MINOR(S).
To the fullest extent permitted by law, Holder shall 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 THE 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 MLB Entities care 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 MLBP 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 MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder's purchase or use of this 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.
In any Arbitration Claim to be resolved by arbitration, neither Holder nor the MLB Entities shall be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the MLB Entities would have in court shall not be available or shall be more limited in arbitration, including the right to appeal. Holder and the MLB Entities each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE 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.
The arbitration shall be conducted in accordance with the International Centre for Dispute Resolution ("ICDR") Procedures, before a single arbitrator who shall be a lawyer with at least fifteen (15) years of experience in general commercial or contractual disputes. The arbitrator shall be selected by mutual agreement of the Parties, or, if the Parties cannot agree, within thirty (30) days of the date of the Notice of Arbitration, then by striking from a list of arbitrators supplied by ICDR. The place of the arbitration shall be Monterrey, Mexico. The language of the arbitration shall be English. The arbitrator shall apply the laws of New York (without regard to conflicts of law rules to the extent that such rules would require the application of the laws of another jurisdiction) and the Parties agreed evidentiary rules (or the ICDR applicable rules in the absence of agreement amongst the Parties) in making a decision. The arbitrator shall have no authority to award punitive, exemplary, or other monetary damages not measured by the prevailing Party's actual damages, except as may be required by statute.
The MLB Entities shall be responsible for paying all administrative costs of the arbitration other than the amount of filing fees Holder may incur. Notwithstanding any other provision herein, Holder and the MLB Entities may seek relief for Arbitration Claims in a small claims court of competent jurisdiction. In addition, Holder and the MLB Entities each may exercise any lawful rights to seek provisional remedies in a court of competent jurisdiction, 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 shall 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 fifteen (15) days after the date of the Event. You must send your request to: Major League Baseball, Attn: Legal Department, Re: Estadio de Beisbol Ticket Arbitration, 245 Park Avenue, New York, NY 10167. The request must include your full name, address, account number, and the statement "I reject the Arbitration Agreement contained in my Estadio de Beisbol 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 bringing a claim 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 shall be sent by mail to Major League Baseball, Attn: Legal Department, Re: Estadio de Beisbol 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 EVENT WITH THE MINOR(S).
Retain possession of this ticket until the game has been played. This ticket cannot be replaced if lost, stolen or destroyed.
This ticket is good only for this particular Event and no part of the purchase price shall be refunded by reason of the failure of Holder to use it for this Event.
Should the game not progress to or beyond a point of play constituting a regulation game under Official Baseball Rule 4.10 (a "Regulation Game"), the MLB Entities shall determine in their sole discretion whether any refunds shall be issued and post such decision on the Event website. Should the game progress to or beyond a point of play constituting a Regulation Game, no refunds shall be issued.