SPRING TRAINING SEASON TICKET TERMS AND CONDITIONS
This Spring Training Season Ticket Agreement (this “Agreement”) is entered into between the purchaser of Spring Training season tickets (“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 SPRING TRAINING SEASON TICKETS ANNUALLY UNTIL YOU OPT-OUT. YOU WILL BE OFFERED THE OPPORTUNITY TO OPT-OUT ANNUALLY DURING AN OPT-OUT PERIOD, WHICH WILL BE SPECIFIED IN THE APPLICABLE SEASON’S NOTICE OF AUTOMATIC RENEWAL, WHICH WILL BE SENT TO YOU PRIOR TO THE START OF EACH SEASON. PLEASE SEE SECTION 3 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 Spring Training season ticket package, which shall consist of tickets to a designated number of individual Pirates Spring Training games. Each individual game ticket is a limited, revocable license issued by the Pirates to attend the baseball game listed on the applicable ticket.
b. The “Account” is the revocable license granted by this Agreement to purchase the tickets specified in the Account Holder’s personalized URL for the price set forth in the Account Holder’s personalized URL. All Account 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 Spring Training season tickets an Account Holder may purchase.
c. The terms and conditions applicable to the Account include those provided:
i. in this Agreement;
ii. on each individual game ticket;
iv. on any signage in LECOM Park; and
v. orally or in writing by authorized team or stadium personnel,
each of which are incorporated by reference in this Agreement.
d. 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/springtraining. 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 Account or this Agreement or because the information was mailed to a former or incorrect physical or e-mail address.
e. The Pirates reserve the right to revoke or terminate the license granted to Account Holder through this Agreement or granted through an individual ticket without any refund or compensation if, in the Pirates’ sole discretion, Account Holder or an individual ticket holder violates any of the applicable terms and conditions explained herein or otherwise acts in any manner that could negatively affect the experience of any other persons within LECOM Park.
f. Accounts are not transferrable. This Agreement, the Account, 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 express written consent from the Pirates. In the event of any purported transfer, offer of transfer, or attempted transfer, the Pirates shall have the right, but not the obligation, to terminate this Agreement and the Account by providing written notice to Account Holder and tendering the remaining pro rata portion of the amount paid by Account Holder within a reasonable time after providing such notice. Only Account Holder of record is allowed to make any changes to the Account. The Pirates reserve the right to require Account Holder to provide proof of identity and authorization to act before making any Account 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 Account tickets to a third-party ticket broker, agency, or individual who purchases, sells, and/or otherwise transfers game tickets without the express written consent of the Pirates.
h. In the event of a material breach of this Agreement by Account Holder, the Pirates shall have the right, but not the obligation, to terminate the Account. In the event that the Pirates terminate the Account under this paragraph, Account Holder agrees to pay the Pirates liquidated damages in an amount equal to any balance remaining on the invoice for the Account at the time of termination.
i. The Pirates may provide an electronic ticket resale and/or transfer system (the “System”). Any and all use of the System is subject to the terms and conditions associated with the Account and with accessing the System. The Pirates reserve the right to suspend, modify, replace and/or cancel the System at any time in their sole discretion. The Pirates reserve the right to disengage Account Holder’s access to electronically post for sale and forward tickets or revoke Account Holder’s Account if the Account and/or System terms and conditions are violated.
j. Absent express, written consent from the Pirates, the Account and tickets obtained by Account Holder shall not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes.
k. Spring Training season ticket plans do not confer any ownership or leasehold rights on Account Holder. Spring Training season ticket plans are offered on a single-season basis only. The purchase of Spring Training season tickets for the current season does not entitle Account Holder to purchase Spring Training season tickets or to have tickets for a particular seat or seating area in any subsequent year. Spring Training season ticket sales in future seasons are subject to any changes, limitations and/or deadlines that have been or may be imposed by the Pirates. In particular, the Pirates expressly reserve the right to:
i. change Spring Training season ticket policies and prices at any time and for any reason;
ii. apply components of Spring Training season ticket purchases, such as policies, prices, or Benefits, differently to different persons or entities, including, without limitation, persons who are engaged in reselling tickets (whether licensed to do so or not);
iii. charge an administrative fee in connection with any reissuance of tickets that are lost or stolen or any approved correction or change to Account information; or
iv. refuse to sell future Spring Training season tickets to any individual or entity, including, but not limited to, individuals or entities who:
A. fail to comply with any applicable payment deadline or other condition or restriction;
B. resell tickets to third parties (whether licensed to do so or not); or
C. engage in, or permit the use of their tickets by any person who engages in, conduct prohibited by team or stadium policies, including, without limitation, the Guest Conduct standards posted online https://www.mlb.com/pirates/spring-training/ballpark/information
l. Certain Account Holders may be eligible to receive benefits, experiences and discounts (“Benefits”) in addition to their game tickets at no additional charge. The Pirates have sole discretion to determine which Account Holders qualify for such Benefits. Benefits may be modified, revoked, or terminated by the Pirates, as to an individual Account Holder or all Account Holders, at any time and for any reason, without compensation or damages of any kind. Account Holders that resell more than 50% of the tickets purchased through their Account may not be eligible for any Benefits.
m. The Pirates are not responsible for lost tickets, stolen tickets, or tickets left at another location. Tickets may be replaced at the sole discretion of the Pirates and the Pirates may impose an additional cost on replacement tickets in their sole discretion. Stolen Spring Training season tickets will be replaced only upon written request made by Account Holder, accompanied by a police report identifying the theft of the tickets. In the event the Pirates replace any ticket, the replacement ticket will be honored over the original ticket in all cases and the original ticket will be null and void.
n. Account Holder hereby gives permission to the Pirates to contact Account Holder about Account Holder’s tickets 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 [email protected].
o. Account Holder, on their behalf and on behalf of any individual who uses Account Holder’s ticket(s), including any minor(s) (each, an “Accompanying Party”), grants the Pirates and Major League Baseball (and their current and future sponsors, licensees, designees, and agents) the unrestricted right and license to use Account Holder’s and any Accompanying Party’s image, likeness, name, voice, comments, and/or other proprietary or public rights in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual, and/or other recording taken in connection with a game or other transmission, distribution, public performance, or reproduction in whole or in part of a game, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation or further authorization.
2. PAYMENT OPTIONS
Account Holder may elect to make payment in full for their 2022 Spring Training season tickets via debt or credit card by calling their designated account manager or Ticket Services at 941-747-3031, or by check made payable to “Pittsburgh Pirates” and mailed to Pirate City, 1701 27th Street East, Bradenton, FL 34208, Attn: Ticket Sale Manager.
If Account Holder does not elect to make payment in full for their 2022 Spring Training season tickets, Account Holder will make as many as two (2) approximately equal payments, depending on the date Account Holder first placed their order for 2022 Spring Training season tickets (“Initial Payment Date”).
Account Holder will make their first payment for their 2022 Spring Training season tickets on their Initial Payment Date and will make up to one (1) additional payment on the date set forth in the chart below. Each payment will carry a 0% Annual Percentage Rate and will be automatically deducted from Account Holder’s credit or debit card as stated in Section 4 below.
The following chart shows when Account Holder will be automatically charged for the 2022 season based on Account Holder’s Initial Payment Date:
|INITIAL PAYMENT DATE||INSTALLMENT CHARGES|
|By December 1, 2021||Two (2) installments to be charged on: the Initial Payment Date; and January 10, 2022.|
|After December 1, 2021||One (1) installment to be charged on the Initial Payment Date.|
If Account Holder’s Account automatically renews for subsequent seasons pursuant to Section 3, Account Holder will be automatically charged on or around 10/31 and 1/10 prior to such season. Such payments shall apply to Spring Training season tickets for the following season. Exact payment dates for each season following the 2022 season will be confirmed in the annual Notice of Automatic Renewal.
1. AUTOMATIC RENEWAL: Account Holder agrees that if after the conclusion of a season, the Pirates choose to offer Account Holder the opportunity to purchase Spring Training season tickets for a subsequent season, this Agreement is subject to automatic renewal. If the Pirates choose to offer Account Holder the opportunity to purchase Spring Training season tickets for a subsequent season, the Pirates will provide Account Holder with a written Notice of Automatic Renewal by electronic transmission at least thirty (30) days and not more than sixty (60) days prior to the cancellation deadline stated in the Notice of Automatic Renewal. The Notice of Automatic Renewal will also identify the seat(s) offered to Account Holder for the subsequent season and state the amount due for renewal, which may be higher than the rate for the previous season. If Account Holder does not wish to purchase Spring Training season tickets for the subsequent season, Account Holder must provide the Pirates with written notice pursuant to the instructions provided in the Notice of Automatic Renewal on or before the cancellation deadline. Account Holder may also cancel their automatic renewal by completing the Pirates STH Opt-Out Form located in the Account Holder’s personalized URL. If Account Holder does not cancel their account as set forth herein, Account Holder agrees to purchase Spring Training season tickets for the subsequent season on the terms set forth in the Notice of Automatic Renewal.
2. PAYMENT AUTHORIZATION: At the time that payments are initially due under this Agreement, Account Holder is required to provide a form of payment for any future payments due under the terms of this Agreement or renewals that may be offered. 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 and 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 2022 season, and in the amount stated in Account Holder’s Notice of Automatic Renewal for any subsequent seasons. Note that as set forth in Section 3, Account Holder’s Spring Training season tickets in subsequent seasons may be at a higher rate or for seat(s) in a different location. Account Holder may revoke this payment authorization by emailing [email protected] 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 the terms of 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 Account 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.
3. COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES: Account Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 (as defined by the World Health Organization) or 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 (collectively, “Communicable Disease”) in and around any part of LECOM Park or surrounding grounds or parking areas to which Account Holder’s ticket provides access. Account Holder acknowledges and confirms, both now and in the future, that Account Holder understands and expressly assumes the risk that Account Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Account 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. Account 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 Account Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Account Holder’s and any Accompanying Party’s decision to attend a game that cannot be eliminated.
Account Holder further acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, Account Holder and/or any Accompanying Parties 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 to others remains at all times. Accordingly, Account Holder agrees that neither Account Holder nor any Accompanying Party will attend a game if within ten (10) days preceding the game they have:
(a) 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;
(b) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease;
(c) traveled 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
(d) been in direct contact with or in the immediate vicinity of (an “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 ten (10) days preceding the Encounter.
ACCOUNT HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES AND THEIR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, SUCH PERSON’S (A) USE OF THE TICKET, (B) PRESENCE AT LECOM PARK OR (C) PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING LECOM PARK, INCLUDING, WITHOUT LIMITATION, (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY ACCOUNT HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY ACCOUNT HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO ACCOUNT HOLDER OR ANY ACCOMPANYING PARTY. The “Released Parties” shall include (a) the Pirates and the other Major League Baseball Clubs (“Clubs”), Pittsburgh Associates of Florida, LLC, LECOM Concessions, LLC, 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 parents, subsidiaries, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (the “MLB Parties”); (b) the owners and operators of LECOM Park, and event sponsors, contractors, vendors, operators, agencies and advertisers of the MLB Parties and LECOM Park; (c) licensees, and retail, concession, broadcast and media partners of the MLB Parties; (d) press and other media; (e) vendors that may provide testing or medical services; (f) entities and individuals providing accommodation and transportation to or from LECOM Park; (g) other entities and individuals who enter LECOM Park; and (h) the respective parents, subsidiaries, affiliated and related entities and officers, directors, employees, agents, licensees, contractors, sub-contractors, insurers, representatives, successors and assigns of each of the foregoing entities and persons.
ACCOUNT HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT ACCOUNT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR SIMILAR PROVISIONS OF OTHER JURISDICTIONS, INCLUDING, BUT NOT LIMITED TO, PENNSYLVANIA) 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 to or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
In order to protect the health and safety of Account Holder and all others, Account Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with: (a) all Pirates and LECOM Park policies and protocols, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time, and (b) all policies and current guidance of the Centers for Disease Control and Prevention, and all applicable laws and policies of federal, state or local authorities, in each case respecting COVID-19 and other Communicable Disease. The Pirates and their designees have the right to deny admission to or eject any person who the Pirates 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 and conditions.
4. 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 LECOM Park or surrounding grounds, including, but not limited to, the stands, concourses and concession areas, 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 Released Parties are liable or responsible for losses or injuries to person or property arising 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.
a. This Agreement and its terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles. In consideration for being allowed to purchase a Spring Training season ticket plan, Account Holder agrees that ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THE PURCHASE, SALE OR USE OF PIRATES TICKETS OR ATTENDANCE AT PIRATES GAMES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. Account Holder and the Pirates WAIVE ALL RIGHTS TO A TRIAL BY JURY in any action or proceeding involving any claim. The arbitration shall be held in Allegheny County, Pennsylvania, and judgment on the award rendered by the arbitrator may be entered by any court of competent jurisdiction. Account Holder and the Pirates agree that the arbitrator shall have authority to award legal and equitable relief available in the courts of the Commonwealth of Pennsylvania, provided that: (1) the arbitrator shall not have authority to award consequential damages (regardless of foreseeability) or punitive damages; and (2) any and 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. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act.
b. The Pirates may terminate this Agreement 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 season to Account Holder within a reasonable time, unless termination is the result of Account Holder’s material breach of the terms and conditions explained herein, 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, creating the Account, accepting tickets, or redeeming any tickets for admission to any game, Account Holder expressly agrees to be bound by these terms and conditions.