MARLINS PARK TICKET TERMS & CONDITIONS
IMPORTANT: YOUR MARLINS PARK EVENT TICKET IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT; THIS TICKET LIMITS USER'S LEGAL RIGHTS
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS AGREEMENT COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASED PARTIES (DEFINED BELOW) USE REASONABLE CARE IN PROVIDING THE EVENT (DEFINED BELOW), THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY ATTENDING THE EVENT BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE EVENT WHICH CANNOT BE AVOIDED OR ELIMINATED. BY ENTERING THE FACILITY (DEFINED BELOW) YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE EVENT. YOU HAVE THE RIGHT TO REFUSE THE TERMS AND CONDITIONS OF THIS AGREEMENT BY NOT PERMITTING YOUR CHILD ENTRY TO THE FACILITY.
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. The MLB Entities (defined below) may change the terms of the Agreement at any time, without notice, and Holder's use of this 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 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, photograph, image, video, audio, livestream, reproduction or other information concerning the Event (including, without limitation, play-by-play data), whether text, data, or visual, in any media (collectively, the "Event Information"); (b) Marlins Teamco LLC ("Marlins"), the Office of the Commissioner of Baseball ("BOC"), 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 Marlins, Marlins Funding LLC, Marlins Holdings LLC, the BOC, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, each of the Major League Baseball Clubs, Marlins Stadium Operator, LLC, Marlins Stadium Developer, LLC, 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, including, but not limited to, any rights created or recognized by §540.08, Florida Statutes. The rights granted herein to the MLB Entities are assignable. Holder is subject to any rules and policies which are posted at www.marlins.com.
In addition, Holder: (a) 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 (b) acknowledges and agrees that Holder and/or Minor(s) may be denied entry to or ejected from the Event, Marlins Park, and/or other applicable Event venue (together with Marlins Park, each, a "Facility" and, collectively, the "Facilities"), if Holder and/or Minor(s) is/are in possession of any item or object 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 below). Holder acknowledges that the MLB Entities have no liability for Holder's and/or Minor(s)' person or property.
This ticket is a revocable license, revocable in the sole discretion of the MLB Entities, and only grants entry into the specified Facility and a spectator seat/standing room (as applicable) for the specified Event. 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 or any of the rules, restrictions, or policies of the MLB Entities; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by any of the MLB Entities to be improper, disorderly, or unbecoming; or (d) 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 the Marlins or its 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 the Marlins. No offer to resell or resale of this ticket and/or those of Minor(s) is permitted to the extent prohibited by any applicable federal, state, or local law or regulation. Any resale referenced above will invalidate the license granted by this ticket and/or those of Minor(s). Neither this ticket nor those of Minor(s) may be resold or offered for resale inside the Facility, and any person who sells or offers this ticket and/or those of Minor(s) for resale at any price inside the Facility 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 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): (a) 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 (b) 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, and vendors, and all of their successors and assigns; (c) all other Major League Baseball related entities; (d) Marlins Stadium Operator, LLC and Marlins Stadium Developer, LLC; (e) City of Miami; (f) Miami-Dade County; (g) Tickets.com, Inc. and any other ticket manufacturer or provider of this ticket; (h) the owners and operators of the Facilities; (i) any local or state governmental body associated with the Facilities; and (j) 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 (j), 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)': (i) participation in, attendance at, and/or observation of the Event; and/or (ii) 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).
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: (a) Holder's and/or Minor(s)' attendance at, observation of, and/or participation in the Event; (b) Holder's and/or Minor(s)' acts or omissions; or (c) 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. SMOKING IS PROHIBITED AT THE FACILITIES.
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 the Marlins' customer service team at 1-305-480-1300 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. 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 MLB Entities 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 MLB Entities would have in court will not be available or will 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.
Arbitrations shall be administered by the American Arbitration Association ("AAA") in accordance with its then-existing commercial arbitration rules. 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 Miami, Florida. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. 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 MLB Entities 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 MLB Entities 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 MLB Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the MLB Entities 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: Miami Marlins, Attn: Legal Department, Re: Marlins Park Ticket Arbitration, 501 Marlins Way, Miami, FL 33125. The request must include your full name, address, account number, and the statement, "I reject the Arbitration Agreement contained in my Marlins Park 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 thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one (1) or more of the MLB Entities shall be sent by mail to Miami Marlins, Attn: Legal Department, Re: Marlins Park Ticket Claim Notice, 501 Marlins Way, Miami, FL 33125. 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 Event has occurred. 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 will be refunded by reason of the failure of Holder to use it for this Event. Should the Event 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 will determine in their sole discretion whether any refunds will be issued and post such decision at www.marlins.com.
Should the Event progress to or beyond a point of play constituting a Regulation Game, no refunds will be issued.