IMPORTANT: YOUR GAME TICKET IS A REVOCABLE LICENSE;
USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT
By using this ticket, ticket holder (“Holder”), on his/her own behalf and on behalf of any minor accompanying Holder to the Game (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. Padres L.P. (the “Padres”) or the Office of the Commissioner of Baseball (“BOC”) 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) will transmit or aid in transmitting any photographs, images, videos, audio, livestreams or other accounts or descriptions (including play-by-play) (whether text, data or visual) (collectively, the "Game Information"), in any media, all or any part of the game 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 (collectively, the "Game"); (b) the BOC or Major League Baseball Properties, Inc., as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Game and the Game Information; and (c) the Padres, the BOC, Major League Baseball Properties, Inc., 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 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 Game or other transmission, distribution, public performance, or reproduction in whole or in part of the Game, 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 (i) consents to allowing the Padres 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 Game if Holder and/or Minor(s) is/are in possession of any item or object that the Padres 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 neither the Padres nor the MLB Entities have any liability for Holder’s and/or Minor(s)’ person or property.
This ticket must be presented for admission to Petco Park (the “Ballpark”), retained by Holder during the Game and shown to any Padres employee upon request. The Padres 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 Padres 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 appears to be or is intoxicated; (c) whose conduct is deemed by the Padres to be improper, disorderly or unbecoming; or (d) who uses vulgar or abusive language.
If Holder requires a seat with disability access, Holder may contact the Padres ticket office to exchange this ticket for an accessible seat location (subject to availability).
For Member policies, terms and conditions regarding benefits such as Ticket Trades and Unused Season Ticket Nights, visit www.padres.com.
The purchase or presentation of this ticket does not guarantee receipt of a promotional item.
ALL GAME TIMES ARE SUBJECT TO CHANGE. THE PADRES 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 Padres 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 Padres. 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 Ballpark, and any person who sells or offers this 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 Game 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 Game, Holder 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 Game, 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 Padres, (b) the Padres’ past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) the MLB Entities, (d) all other Major League Baseball related entities, (e) the Ballpark and the owners and/or operators thereof, (f) any local or state governmental body associated with the Ballpark, (g) the ticket manufacturer and/or provider, 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”), 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)’ (x) participation in, attendance at, and/or observation of the Game 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 Game appear.
BY ATTENDING AND/OR PARTICIPATING IN THE GAME, 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 GAME, 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 Game, (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 A GAME AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH A GAME PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESS
This section is an acknowledgment and express assumption of risk and release of liability in any way related to or arising from being exposed to or contracting COVID-19 (as defined by the World Health Organization) and 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 (collectively, “Communicable Disease”) in and around any part of the Ballpark or surrounding grounds or parking areas to which a ticket provides access. By having a ticket or other invitation to an event at the Ballpark, Holder is acknowledging and confirming on Holder’s behalf (including any Minor), both now and in the future, that Holder understands and expressly assumes the risk that Holder 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 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 a ticket or other invitation that cannot be eliminated. Holder further acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, Holder may infect others Holder subsequently comes in contact with, even if Holder is not experiencing or displaying any symptoms of illness, and that the risk of spreading COVID-19 or other Communicable Disease remains at all times. Accordingly, Holder further agrees that Holder will not utilize a ticket and/or enter the Ballpark or knowingly allow another person to utilize a ticket and/or enter the Ballpark, if within fourteen days preceding the event, Holder: (i) 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 (ii) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR (iii) travelled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” health advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”); OR (iv) has been in direct contact with or in the immediate vicinity of (collectively, the “Encounter”) any person who is either confirmed or suspected of being infected with COVID-19 or other Communicable Disease or who has travelled to a Prohibited Country within the fourteen days preceding the Encounter.
Holder agrees that this section is intended to be a binding and full waiver of claims and release of liability with respect to any controversy, claim or dispute that may arise out of or during use of a Ticket that is related to exposure to or the contraction of COVID-19 or other Communicable Disease.
SPECIFICALLY, HOLDER AGREES THAT HOLDER, ON BEHALF OF HOLDER AND THEIR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE THE PADRES AND THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE FOLLOWING USE OF A TICKET OR INVITATION, OR DURING ANY PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE PADRES OR OTHER RELEASED PARTIES, INCLUDING, WIHTOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (i) THE NEGLIGENCE OR ANY OF THE RELEASED PARTIES, AND/OR (ii) THE INHERENT RISKS ASSOCIATED WITH VISITING ANY VENUE DURING ANY COMMUNICABLE DISEASE PANDEMIC OR EPIDEMIC, INCLUDING THE COVID-19 PANDEMIC. HOLDER FURTHER AGREES THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO MINORS AND/OR FAMILY MEMBERS, AS A RESULT OF USING THE TICKETS/INVITATION AND/OR AS A RESULT OF THEM BEING EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER. TO THE EXTENT PERMITTED BY LAW, HOLDER FURTHER AGREES THAT IT IS HOLDER’S INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED INTO ON HOLDER’S OWN BEHALF, AS SET FORTH ABOVE, AND ALSO ON BEHALF OF ANY GUEST OF HOLDER.
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.”
This acknowledgment and express assumption of risk, waiver of claims and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.
In order to protect the health and safety of all fans, Holder must comply with all of the Padres’ and Ballpark policies, all policies of the Centers for Disease Control and Prevention and all laws and policies of all applicable federal, state, county and city authorities, in each case respecting COVID-19 and other Communicable Disease. The Padres and its designees have the right to deny admission to or eject any person who the Padres or such designees determines, in its sole discretion, poses a risk to the health and safety of others and/or whose conduct violates these terms.
Holder consents to health screenings and other precautions related to COVID-19 and other Communicable Disease that may be required as a condition for use of a ticket and/or entry into the Ballpark, including all precautions required by the BOC and the Padres while at the Ballpark or surrounding grounds or parking areas, such as, but not limited to, distancing requirements and the wearing of all masks in designated areas.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
The Padres care deeply about maintaining good relationships with fans. If you have a problem with your ticket and/or those of Minor(s) or the Game, 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 Padres 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 Game, 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 Game (“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 Padres 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 Padres would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Padres 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 JAMS, a national provider of arbitration services, 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 visiting www.jamsadr.org. 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 San Diego. 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 Padres 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 Padres 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 Game took place, whichever is less. Notwithstanding any other provision herein, Holder and the Padres may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Padres 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 Game, 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 Game. You must send your request to: San Diego Padres, Attn: Legal Department, 100 Park Boulevard, San Diego, CA 92101. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Padres 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 the Padres shall be sent by mail to San Diego Padres, Attn: Legal Department, Re: Claim Notice, 100 Park Boulevard, San Diego, CA 92101. 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 GAME, 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).
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 Game and no part of the purchase price will be refunded by reason of the failure of Holder to use it for this Game.
Should the Game not be played or otherwise completed, this ticket will admit the Holder on the date or dates on which such Game is rescheduled or resumed, as may be announced in the sole discretion of the BOC. No part of the purchase price will be refunded by reason of the failure of the Holder to use this ticket on such rescheduled or resumed date or dates.
Copyright 2016, Office of the Commissioner of Baseball. All rights reserved.