BALLPARK PASS AGREEMENT
This Ballpark Pass Agreement (this “Agreement”) is entered into between the purchaser of the Ballpark Pass (“Account Holder”) and Pittsburgh Associates (the “Pirates”).
In consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
THIS AGREEMENT CONTAINS AN AUTOMATIC RENEWAL FEATURE. YOU WILL BE CHARGED, AND PAYMENTS WILL CONTINUE TO BE PROCESSED, FOR THE BALLPARK PASS MONTHLY UNTIL YOU OPT-OUT. YOU WILL BE OFFERED THE OPPORTUNITY TO OPT-OUT MONTHLY DURING AN OPT-OUT PERIOD. PLEASE SEE SECTION 2 FOR DETAILS.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WITH A CLASS ACTION AND JURY TRIAL WAIVER. THE ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR THE PIRATES RESOLVE ANY CLAIM.
1. GENERAL TERMS AND CONDITIONS
a. Account Holder hereby agrees to purchase a Ballpark Pass or Ballpark Pass Plus (each plan, a “Ballpark Pass”), which shall consist of one (1) Standing Room Only ticket to all regular season Pirates home games or one (1) Upper Bleacher (or equivalent) ticket to all regular season Pirates home games while valid depending on the selected plan (excluding Opening Day on April 4, 2025). Ballpark Passes purchased for September will include all regular season Pirates home games played during October at no additional cost. Ballpark Passes do not include post-season games.
b. Each individual game ticket is a limited, revocable license issued by the Pirates to attend the baseball game listed on the applicable ticket.
c. All Ballpark Pass sales are final and no refunds or exchanges will be made, except as expressly provided in this Agreement. The Pirates reserve the right to set a limit on how many Ballpark Passes an Account Holder may purchase.
d. The terms and conditions applicable to the Ballpark Pass include those provided:
i. in this Agreement;
ii. on each individual game ticket;
iii. on the Pirates website at www.pirates.com (including, without limitation, the Guest Conduct standards posted online at www.pirates.com/a-z);
iv. on any signage in PNC Park; and
v. orally or in writing by authorized team or stadium personnel,
each of which are incorporated by reference in this Agreement.
e. The Pirates reserve the right to amend or supplement the terms and conditions contained in this Agreement at any time. The Pirates may amend or supplement this Agreement either by providing written notice to Account Holder or by posting information about and/or amendments or supplements to the terms and conditions online at www.pirates.com. It is the responsibility of Account Holder to read and comply with all updated terms and conditions at all times. The Pirates are not responsible for problems, losses, or inconveniences experienced because Account Holder did not read information regarding the Ballpark Pass or this Agreement or because the information was mailed to a former or incorrect physical or e-mail address.
f. Ballpark Passes are not transferrable. This Agreement, the Ballpark Pass, Ballpark Pass tickets, and any rights Account Holder may have hereunder shall not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by Account Holder to any other person or entity without the express written consent of the Pirates. Only Account Holder of record is allowed to make any changes to the Ballpark Pass. The Pirates reserve the right to require Account Holder to provide proof of identity and authorization to act before making any Ballpark Pass changes. It is the responsibility of Account Holder to notify the Pirates of any changes in Account Holder’s contact information.
g. Account Holder agrees that it is a material breach of this Agreement for Account Holder to (or attempt to) sell, trade, forward, or otherwise transfer any Ballpark Pass tickets without the express written consent of the Pirates.
h. Without the express written consent of the Pirates, the Ballpark Pass and Ballpark Pass tickets shall not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes.
j. Ballpark Passes do not confer any ownership or leasehold rights on Account Holder. Ballpark Passes are offered on a single-season basis only. The purchase of a Ballpark Pass for the current season does not entitle Account Holder to purchase a Ballpark Pass in any subsequent season. Ballpark Passes in future seasons are subject to any changes, limitations, and/or deadlines that have been or may be imposed by the Pirates.
k. Account Holder hereby gives permission to the Pirates to contact Account Holder about Account Holder’s Ballpark Pass and other commercial opportunities via mail, email, phone, or text message. Account Holder may revoke this authorization at any time by emailing such request to ticketservices@pirates.com.
2. AUTOMATIC RENEWAL; TERMINATION BY ACCOUNT HOLDER: Account Holder acknowledges and agrees that this Agreement and the Ballpark Pass is subject to automatic renewal during the 2025 regular season. The initial term of this Agreement and the Ballpark Pass will be for one (1) month or the remainder of the month during which Account Holder initially purchased the Ballpark Pass, whichever is shorter. This Agreement and the Ballpark Pass will automatically renew for successive one (1) month periods during the 2025 regular season (April through September) unless either Account Holder or the Pirates elect to terminate this Agreement and the Ballpark Pass as set forth herein. Ballpark Passes purchased for September will include all regular season Pirates home games played during October at no additional cost. If Account Holder does not wish to purchase the Ballpark Pass for any month, Account Holder must notify the Pirates by email at passoptout@pirates.com no later than 5:00 p.m. EST on the 20th day of the preceding month. Any such termination will be effective as of the end of the month in which such notice was properly received. For example, if Account Holder does not wish to purchase the Ballpark Pass for May, Account Holder must notify the Pirates by email at passoptout@pirates.com no later than 5:00 p.m. EST on April 20th and such termination will be effective as of April 30th. If Account Holder does not terminate their Ballpark Pass as set forth herein, Account Holder agrees to purchase the Ballpark Pass for the subsequent month.
3. PAYMENT: The cost of the Ballpark Pass depends on the selected plan. Account Holder will make their first payment for their Ballpark Pass on the date Account Holder first placed their order. If Account Holder’s Ballpark Pass automatically renews for subsequent months pursuant to Section 2, Account Holder will be automatically charged on or around the 25th day of each month for the following month. For example, if Account Holder automatically renews the Ballpark Pass for May, Account Holder will be charged on or around April 25th. Each payment will be automatically deducted from Account Holder’s credit or debit card as stated in Section 4 below.
4. PAYMENT AUTHORIZATION: At the time that payment is initially due under this Agreement, Account Holder is required to provide a form of payment for any future payments due under this Agreement. It is the responsibility of Account Holder to keep current credit or debit card information on file with the Pirates and to notify the Pirates of any changes to such information in a timely fashion. Account Holder hereby agrees and authorizes the Pirates, or their agents, service providers, successors, or assigns, to charge the identified form of payment (or any subsequent debit or credit card(s) Account Holder provides to the Pirates) in the amounts and on the dates set forth above for the 2025 season. Account Holder may revoke this payment authorization by emailing ticketservices@pirates.com in such time and manner as to afford the Pirates a reasonable opportunity to act upon Account Holder’s request. If Account Holder revokes this authorization, Account Holder will still be responsible for paying all amounts owed under this Agreement. If any payment subject to this Agreement is returned unpaid, Account Holder authorizes the Pirates to resubmit a charge up to two (2) additional times (or any greater number permitted by law) and/or cancel Account Holder’s Ballpark Pass immediately. Account Holder understands that its bank may charge a fee if a payment is returned for insufficient funds, and that the Pirates will have no liability for any such fee.
5. ASSUMPTION OF RISK AND RELEASE: Account Holder, on their behalf and on behalf of any accompanying parties, assumes all risk and danger incidental to attending a game, occurring in and around any part of PNC Park or surrounding grounds, at any time prior to, during, or subsequent to the game (including, but not limited to, injuries from balls, bats, or other objects entering the stands, including objects projected into the stands for entertainment purposes). Account Holder, on their behalf and on behalf of any accompanying parties, agrees to waive and release any claim that the Pirates, PNC Park, the Sports & Exhibition Authority of Pittsburgh and Allegheny County, the Office of the Commissioner of Baseball, the Major League Baseball Clubs, each of their respective affiliates, and each of their respective partners, shareholders, members, officers, directors, employees, agents, representatives, operators, vendors, and sponsors are liable or responsible for losses or injuries to person or property arising from or related in any way to Account Holder’s or any accompanying party’s attendance at a game. Please stay alert and be aware of your surroundings.
6. MISCELLANEOUS
a. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles. ACCOUNT HOLDER AGREES THAT ALL CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PURCHASE, SALE, OR USE OF PIRATES TICKETS OR ATTENDANCE AT PIRATES GAMES (“CLAIMS”) SHALL BE RESOLVED EXCLUSIVELY THROUGH MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION HELD IN PITTSBURGH, PA. Account Holder agrees that all Claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. Account Holder WAIVES ALL RIGHTS TO A JURY TRIAL in any action or proceeding involving any Claim.
b. The Pirates may terminate this Agreement and the Ballpark Pass at any time by providing written notice to Account Holder. In the event of termination, the Pirates shall refund the pro rata portion of the license fee for the remainder of the current month to Account Holder within a reasonable time, unless termination is the result of Account Holder’s material breach of the terms and conditions of this Agreement, in which case Account Holder shall not be entitled to any refund, future credit, or damages of any kind.
c. By tendering a payment to the Pirates, accepting tickets, or redeeming any tickets for admission to any game, Account Holder expressly agrees to be bound by these terms and conditions.