Terms & Conditions
THIS EVENT TICKET IS A REVOCABLE LICENSE. HOLDER ACCEPTS ALL RISK SET FORTH HEREIN.
All 2023 access, benefits, promotions, seating locations, and events (including, without limitation, location, dates and times) are subject to change without notice based on the ongoing developments of the COVID-19 pandemic.
The following definitions shall apply to the Terms & Conditions contained herein: “Accompanying Party/Parties” is any accompanying party (or parties) for whom the 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 these Terms); “Ballpark” shall mean the open-air baseball stadium commonly known as Nationals Park, located at 1500 South Capitol Street, SE, Washington, D.C. 20003 and the surrounding areas, including parking lots and parking garages; “Club” shall mean the Washington Nationals Baseball Club, LLC; a “Communicable Disease” shall include COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof; “Event” shall mean the game or event governed by these Terms; “Game Information” shall include any information about the game or related activities to which it grants admission, including, but not limited to, any account, description, picture, photograph, image, video, audio, livestream, reproduction or other information concerning the game or related activities (including play-by-play data, whether text, data or visual); the “Holder” is the ticket holder, on their own behalf, and on behalf of any accompanying minor; and the “Released Parties” shall mean the Club and the Major League Baseball Clubs (“MLB Clubs”), MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), Major League Baseball Properties, Inc., The MLB Network, LLC, 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 MLB Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
By use of this ticket, the Holder acknowledges and agrees that: (a) Holder shall not transmit or aid in transmitting any Game Information in any media, without the express written consent of the Washington Nationals or of the other MLB Clubs; (b) the Club is the exclusive owner of all copyrights and other proprietary rights in the game, related activities, and Game Information; and (c) the Released Parties shall have the perpetual and unrestricted right and license to use Holder’s name, image, likeness and/or voice in any broadcast, telecast, photograph, video and/or sound recording taken in connection with the Event for all purposes and in all media known and unknown throughout the universe. Breach of (a)-(c), above, will automatically terminate the license granted by this ticket and may result in further legal action. The Club reserves the right to change the date and/or start time of any Event without notice and without entitling the Holder to a refund or exchange.
No resale of any ticket is permitted via the Internet or any interactive media, except through www.nationals.com or such other websites that may be authorized by the Club. This ticket shall not be resold or offered for resale in a manner prohibited by any Federal, State or local law, rule, regulation or other applicable law. Unlawful resale or attempted resale of this ticket is grounds for revocation and cancellation of this ticket without compensation. Tickets obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so are void. It is unlawful to reproduce this ticket in any form. The Released Parties shall not be responsible for lost, stolen or duplicated tickets.
The revocable license granted by this ticket may also be terminated by tendering to the Holder the purchase price of this ticket. This ticket may not be used for commercial or trade purposes (including, but not limited to, contests, promotions, sweepstakes or raffles) without the express written consent of the Club.
PROHIBITED ITEMS AND CONDUCT
Any non-clear bags larger than 5” x 7” x ¾” (except those bags purchased at the Ballpark on any given day shall be permissible in the Ballpark only on the date of purchase); any clear bag larger than 16” x 16” x 8”; drawstring bags; soft- or hard- sided coolers; ice chests; backpacks (including, without limitation clear backpacks, except those backpacks purchased at the Ballpark on any given day shall be permissible in the Ballpark only on the date of purchase), luggage; computer and camera bags; non-collapsible umbrellas; brooms, poles and staffs; weapons (including, without limitation, pocket knives), fireworks and other illegal substances; camera lenses larger than 8”, tripods, monopods and selfie sticks; animals (except service animals); beach balls and other inflatable items; laser pens and laser pointers; baseball bats (other than bats purchased at the Ballpark); metal, plastic or glass containers, excepting clear, factory-sealed plastic water bottles no larger than 1-liter, juice boxes, insulin containers and baby food; food items, excepting those contained in single-serving bags; alcohol not purchased at the Ballpark; noisemakers not provided by the Club; skateboards, hoverboards, and wheeled footwear; drones and other unmanned aerial vehicles, self-defense sprays (including, without limitation, pepper spray and mace); and any other item deemed dangerous, inappropriate or in violation of the Guest Conduct Policy.
The Club may determine, in its sole discretion, additional prohibited items for non-baseball events. The use of foul or abusive language or obscene or threatening gestures, fighting, attempts to enter the field or to cause objects to enter the field, and irresponsible or underage consumption of alcoholic beverages, and any other action deemed dangerous, inappropriate, or in violation of the Guest Conduct Policy may result in the guest being ejected, refused initial admission, or arrested, each of which shall be without refund to the guest.
RAINOUTS AND POSTPONEMENTS
In the event of rainouts or other circumstances requiring the postponement of the game identified by the game number hereon or the Event, please refer to nationals.com/rainout for the policy applicable to the affected game and retain possession of this ticket as it may need to be presented at a later time.
ASSUMPTION OF THE RISK
WARNING: The Holder (a) assumes all risk, danger and injury incidental to the game of baseball or related activities incidental to the Event, whether occurring before, during or after the actual playing of the game, including (but not limited to) the danger of being injured by thrown or broken bats, thrown or batted balls or other objects, or by others in attendance; (b) agrees that the Released Parties and each their respective owners, shareholders, partners, agents, players, officers, directors, contractors and employees are not liable for injuries or loss of or damage to personal property resulting from such causes; and (c) Holder releases and holds harmless such persons and entities, regardless of whether any injury or loss is caused by any person’s negligence or otherwise. Batted or thrown balls and bats and other objects can enter spectator areas with great force. Risk cannot be avoided if you attend games or the Event. If you would like to lessen your risk, the Club will exchange your ticket for one in the UPPER DECK OR OTHER REMOTE AREA, or in the event of a sellout, will refund the ticket any time before the first pitch is thrown. The Club may expand its use of netting; no refunds or exchanges will be issued.
ADDITIONAL TERMS AND CONDITIONS:
- No re-entry upon exiting the Ballpark.
- No direct entry to/from Nationals Park and the BetMGM Sportsbook.
- Event dates, times and promotions subject to change without notice. Visit www.nationals.com for updated game information.
- All seating based on availability.
- Ticket prices include taxes.
- Sections and pricing for single game tickets are subject to day of game market based demand changes.
- Children under 2 years of age are admitted to the Ballpark without a ticket and must be seated on the lap of an accompanying adult.
- Per the laws of the District of Columbia, all designated smoking areas outside of the Ballpark have been eliminated. Please refer to the Club’s Guest Conduct Policy for more information.
- If you purchase tickets, you may receive service messages via e-mail from the Club, including optional surveys regarding your Event experience.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
This section is an acknowledgement and express assumption of risk and release of liability in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in and around any part of the Ballpark, or surrounding grounds or parking areas, to which the Holder’s ticket provides access.
WARNING: By using this ticket, Holder acknowledges and confirms, 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 Diseases 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 Diseases.
Holder further acknowledges and understands that:
a) 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; and
b) it cannot be guaranteed that Holder or any Accompanying Party will not be exposed to COVID-19 or Communicable Disease, 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 and cannot be eliminated.
FAN HEALTH PROMISE
Holder further acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, Holder and/or any Accompanying Party 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 remains at all times. Accordingly, Holder further agrees that neither Holder nor any Accompanying Party will attend the Event, if on the date of the Event, they are required or recommended by Health and Safety Rules to stay at home, quarantine or isolate (e.g., as a result of testing positive for, experiencing symptoms of, or being in direct contact with someone who tested positive for, COVID-19 or other Communicable Disease).
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER AND ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, HEREBY WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS AND COVENANTS NOT TO SUE THE CLUB AND THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH), 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: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (i) 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 (ii) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY RULES TO HOLDER OR ANY ACCOMPANYING PARTY.
FOR HOLDERS THAT ARE CALIFORNIA RESIDENTS, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE FAMILIAR WITH AND DO HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
The acknowledgement 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 other Communicable Disease. If any part hereof is deemed invalid or legally unenforceable for any reason, then the remainder of these Terms shall not be affected thereby and shall remain valid and fully enforceable.
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/nationals/ballpark/health-and-safety], all of which may continue to be updated from time to time between the purchase of this ticket and the Event date, and (2) all current guidance of the Centers or Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities (subsections (1) and (2) are collectively, “Health and Safety Rules”). The Club and its designees have the right to deny admission to or eject any person who the Club or such designees determines, in its sole discretion, poses a risk to the health or safety of others and/or whose conduct violates these terms, including the Health and Safety Rules.
WARNING: AN INHERENT RISK OF EXPOSURE TO COVID-19 OR OTHER COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON ITS BEHALF AND ON BEHALF OF ANY 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 THE BALLPARK OWNER/OPERATOR.
MANDATORY AGREEMENT TO ARBITRATE
The Club and Holder and/or any Accompanying Party/Parties each may elect to resolve any and all claims and disputes arising out of or relating in any way to the use of this ticket, except for claims concerning the validity, scope or enforceability of this Arbitration Agreement (which are for a court to decide), through BINDING INDIVIDUAL ARBITRATION.
“Claims” has the broadest reasonable meaning and also includes, without limitation, initial claims, counterclaims, cross-claims and third-party claims; disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity; and data breach or privacy claims. Claims are subject to arbitration even if they arise out of or relate to actions, omissions or other conduct that occurred prior to the date that Holder and/or any Accompanying Party/Parties agrees to these Terms and Conditions by utilizing the ticket.
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. If the Club or Holder and/or any Accompanying Party/Parties elect to resolve a dispute by arbitration, neither shall have the right to a court or jury trial or to participate in a class action or class arbitration. Other customary rights that the Club and Holder and/or any Accompanying Party/Parties would otherwise have if either went to court will not be available or will be more limited in arbitration, including discovery and the right to appeal. The Club and Holder and/or any Accompanying Party/Parties each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF EITHER PARTY ELECTS ARBITRATION, THE APPLICABLE DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties without the express written consent of all 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. Account Holder 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 that both parties agree upon in writing or that is appointed by a court with jurisdiction pursuant to Section 5 of the FAA. The arbitration shall take place in the District of Columbia. The arbitrator shall be authorized to award any relief that would have been available in an individual action in court, provided that the arbitrator’s authority is limited to the Club and Holder and/or any Accompanying Party/Parties alone, except as otherwise specifically stated herein. Any finding, award or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any Claim. The arbitrator’s decision shall be final and binding, except for any appeal rights under the FAA. The Club and Holder and/or any Accompanying Party/Parties agree that this Arbitration Agreement extends to any other parties involved in any Claims. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator and the other provisions in these Terms and Conditions in the event of any conflict.
The Club will be responsible for paying all arbitration fees other than the lower amount of filing fees that Holder and/or any Accompanying Party/Parties would have incurred in either a state or federal court with jurisdiction over the Claims, as applicable. The parties shall also bear the fees and expenses of their own attorneys, experts and witnesses unless otherwise required by applicable law, these Terms and Conditions or the administrator’s rules. If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure. Notwithstanding any other provision herein, the Club or Holder and/or any Accompanying Party/Parties may seek relief in a small claims court (or an equivalent court) for Claims within its jurisdiction; however, if the dispute is transferred, removed, or appealed to a different court, either party may elect to compel arbitration. In addition, the Club or Holder and/or any Accompanying Party/Parties each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Either party may also bring an individual action in court that is limited to preventing the other party from obtaining a provisional remedy or using self-help and that does not involve a request for damages or monetary relief of any kind.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement, subject to two exceptions: (i) if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, and that determination is not reversed on appeal, then this entire Arbitration Agreement shall be void; and (ii) if a court determines that a public injunctive relief Claim may proceed notwithstanding the class action waiver and prohibition against class arbitration, and that determination is not reversed on appeal, then the public injunctive relief Claim will be decided by a court, any individual Claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief Claim until the other Claims have been finally concluded. This Arbitration Agreement will survive the termination of the license granted by Holder and/or any Accompanying Party’s/Parties’ use of the ticket, any death, incapacity, sale or assignment, and/or Holder’s and/or any Accompanying Party’s/Parties’ or the Club’s bankruptcy or insolvency (to the extent permitted by applicable law).
HOLDER AND/OR ANY ACCOMPANYING PARTY/PARTIES HAS/HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT HOLDER AND/OR ANY ACCOMPANYING PARTY/PARTIES MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH BELOW. If Holder and/or any Accompanying Party/Parties does not wish to be bound by this Arbitration Agreement, Holder and/or any Accompanying Party/Parties must notify the Club in writing within sixty (60) days after the date Holder and/or any Accompanying Party/Parties agrees to these Terms and Conditions. Holder and/or any Accompanying Party/Parties must send its request to: Washington Nationals, 1500 South Capitol Street, SE, Washington, DC 20003 Attn: Legal Department. The request must include Holder’s and/or any Accompanying Party’s/Parties’ full name, address, account number, and the statement “I reject the Arbitration Agreement contained in the Washington Nationals 2023 Ticket Terms and Conditions.” If Holder and/or any Accompanying Party/Parties exercises its right to reject arbitration, the other terms of these Terms and Conditions shall remain in full force and effect as if Holder and/or any Accompanying Party/Parties had not rejected arbitration.