SEASON TICKET MEMBER AGREEMENTRegular Season Ticketholder Agreement
CINCINNATI REDS SEASON TICKET MEMBER
ADDITIONAL TERMS AND CONDITIONS
THESE ADDITIONAL TERMS AND CONDITIONS are a material part of and incorporated by reference into, the Agreement by and between the “Account Holder” and The Cincinnati Reds LLC (the “Club” or “Reds”) governing use of the Tickets and the Account.
By purchasing Cincinnati Reds season ticket(s) (each a “Ticket” or collectively, the “Tickets”), and in consideration of the promises and mutual covenants herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the Account Holder and the Club agree as follows:
*TICKET IS A REVOCABLE LICENSE. *Each Ticket to a Cincinnati Reds baseball game is a limited, revocable license (the "Revocable License") granted by the Club to attend the Cincinnati Reds baseball game listed on the applicable Ticket at Great American Ball Park (the “Ballpark”). The Account Holder acknowledges and agrees the Revocable License for all Tickets held by a season ticket account (the “Account”) as well as the Account itself may be terminated by the Club at any time with or without cause in the Club’s sole discretion. The Revocable license is subject to the rules and regulations of the Ballpark, Baseball Park Management Company, LLC, the Reds and Major League Baseball as well as all applicable federal, state and local laws, regulations, ordinances, declarations and orders (collectively, “Laws”).
TERMS AND CONDITIONS FORM THE AGREEMENT. The terms and conditions applicable to the Tickets and the Account include each of the following:
- the Season Ticket Agreement;
- these Additional Terms and Conditions;
- on the Club's website at www.reds.com/terms and at www.reds.com/seasonagreement.
Each of the foregoing are incorporated by reference into a single agreement referred to as the “Agreement”).
The Club reserves the right to amend or supplement the terms and conditions contained in this Agreement by providing either (i) written notice to Account Holder or (ii) posting such revisions or amendments to the terms and conditions on www.reds.com/terms when adopted by the Club.
*NON-REFUNDABLE DEPOSITS. *The purchase of Tickets pursuant to the Agreement may require Account Holder to place a non-refundable season ticket deposit ("Deposit") as set forth in the Invoice or Season Ticket Agreement. Failure by Account Holder to make any payment on or before the dates set forth in the Invoice or abide by the terms and conditions of this Agreement will be a breach of this Agreement and, in addition to any other remedies the Club may have under applicable law or at equity, upon written notice and subject to statutory cure rights under applicable law (if any), the Club may terminate this Agreement and declare the entire unpaid balance for the remainder of the entire Term due and payable. The foregoing remedies of the Club shall not be to the exclusion of any other right or remedy set forth herein or otherwise available to the Club. No waiver by the Club of any default or breach by Account Holder of its obligations hereunder shall be construed to be a waiver or release of any other subsequent default or breach by Account Holder hereunder, and no failure or delay by the Club in the exercise of any remedy provided for herein shall be construed a forfeiture or wavier thereof or of any other right or remedy available to the Club.
NO PROMOTIONAL USE OF TICKETS. Neither the Tickets nor any other benefits associated with the Tickets may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Reds, which consent may be withheld in the Reds’ sole discretion.
*FORCE MAJEURE EVENTS. *In the event of a riot, war, terrorism, or rebellion, fire, flood, severe storm, accident, pandemic, epidemic, state of emergency (national, state or local), declaration, order or rule of the Office of the Commissioner of Baseball, other act of God, event beyond the control of the Reds, a player strike, management lockout, walk out, postponement or any other work stoppage (each a “Force Majeure Event”) makes it impractical or impossible for the Reds to play any home games at the Ballpark during a Season, or causes the postponement or cancellation of one or more home games or any other event scheduled to take place at the Ballpark, or if such Force Majeure Event otherwise renders any seat licensed under this Agreement unusable or prevents the Reds from providing any other product or service under this Agreement, then the Reds’ obligations under the agreement shall be suspended during the period of such inability, and such inability shall not be deemed a breach of this Agreement by the Reds. If, as a consequence of such Force Majeure Event, (A) the Reds’ home games are postponed and not rescheduled to be played during that season (i.e., cancellation as confirmed by the Office of the Commissioner of Major League Baseball) or (B) patrons are not permitted to attend games in person, the fees payable under this Agreement for that season shall be abated for each such game that is not rescheduled on a pro-rata basis (based on the number of home games scheduled for the applicable Season) and, at the election of Account Holder either (x) applied as a credit towards future payment obligations of Account Holder hereunder or (y) at the direction of Account Holder (as evidenced by a written and signed request) refunded within 60-days of the confirmed cancellation of games by the Office of the Commissioner of Major League Baseball or, in the case of a prohibition of patrons in attendance at games, at the direction of Account Holder (as evidenced by a written and signed request) within 90-days of the date of the originally scheduled game. The remedies set forth in the immediately preceding sentence shall be the exclusive remedies for any cancelled game or for being deprived of access to the Ballpark due to a Force Majeure Event.
USE OF NAME, IMAGE AND LIKENESS. Account Holder understands that, and grants the Club and Major League Baseball a license to use, his/her image, likeness and name may be used as part of any live or recorded video display or other transmission in any media of all or part of the event as well as any printed material disseminated by the Club for any purpose related to the business of the Club and/or Major League Baseball.
MOVEMENT OF SEAT LOCATION. The Reds reserve the right to move the seat location at any time if such modification is required to comply with Laws or the directives of Major League Baseball. We are currently working under the assumption that we are operating at a 100% capacity in 2021. If that changes and we have to operate at a lower occupancy percentage for 2021 and therefore are not able to offer you your seat location due to covid-19, health and/or government regulations, we will work to secure seats as close to your current location as possible. In that case, if your relocated seats are not satisfactory, you may request a refund or roll your money over to 2022 season tickets where your original seats will be made available for your purchase.
POSTSEASON PLAY. So long as Account Holder ticket package qualifies for postseason purchase, is in good standing and subject to the Account Holder's satisfaction of the terms and conditions of the Agreement, if the Club qualifies for the Major League Baseball postseason play (Wild Card, League Division Series, League Championship Series and the World Series), the Account Holder will have the option to purchase Tickets played at the Ballpark at the prices established by the Club and Major League Baseball and in accordance with the policies and procedures established by the Club for each of the Club postseason games played at the Ballpark.
NO ASSIGNMENT OF ACCOUNTS. Account Holder may not assign or transfer the Account in any manner, whether in whole or in part, voluntarily or by gift, bequest, or operation of law, to any other person or entity without the express written consent of the Club, which consent may be withheld, qualified or conditioned in the sole discretion of the Club.
PERMITTED; NON-PERMITTED TRANSFER OF TICKETS
- Definitions. With respect to the Club's Ticket Transfer Restrictions, the terms below shall have the following meaning:
- "Transfer(s)" shall mean any transfer of possession or use of a Ticket by a Ticket Holder or Account Holder to a third party (in each instance whether such third party is a person or entity).
- "Permitted Transfer" shall mean a Transfer that is authorized by or specifically exempted from these Ticket Transfer Restrictions.
- "Non-Permitted Transfer" shall mean a Transfer specifically prohibited or determined by the Club to be unauthorized under these Ticket Transfer Restrictions.
- "Resale", "Resell" or "Reselling" shall mean any Transfer of a Ticket in exchange for money or any other thing of value.
- "Excess Value" shall mean the monetary value derived from the Resale of a Ticket or Tickets in excess of (i) the price established by the Club when such Ticket or Tickets were sold or distributed by the Club, including any tax, service or convenience fees/charges charged by the Club and (ii) fees charged to the Ticket Holder by the `Holder who needs assistance in determining the actual price of a Ticket may contact the Club to obtain such information.
- "Broker Activity" shall mean any activity by an individual or entity who purchases or otherwise acquires a Ticket with the purpose or intent, as determined by the Club in its sole discretion, to: (i) Resell the Ticket, with the intent to realize Excess Value, or (ii) Resell or use the Ticket in a manner that the Club determines violates Club policies.
- "Broker Account" shall mean a Ticket Account determined by the Club to be engaged in Broker Activity.
- Non-Permitted Transfers. By the acceptance, possession or use of a Ticket purchased pursuant to this Agreement, each Ticket Holder and the Account Holder (regardless of whether such Ticket Holder is the original purchaser from the Club or an acquirer of the Ticket from a third party), acknowledges and agrees to the following:
- Any Broker Activity involving a Ticket, as determined in the sole discretion of the Club, is a Non-Permitted Transfer unless specifically approved by the Club, and shall constitute a basis for (i) termination of the revocable license granted by the Club for the use of the Ticket, (ii) the seizure or cancellation of the Ticket without refund or other compensation, and/or (iii) termination of the revocable license granted by the Club of all Tickets that are controlled by or affiliated with such Ticket Holder or individuals/entities determined by the Club to be associated with such Ticket Holder.
- Any Resale or attempted Resale of a Ticket inside the Ballpark is prohibited, and any person who Resells or offers a Ticket for Resale at any price inside the Ballpark will be removed from the Ballpark and may be prosecuted.
- Permitted Transfers. For the avoidance of doubt with respect to the application of the Ticket Transfer Restrictions, the following are considered to be Permitted Transfers:
- Ticket Transfer activity involving the exchange of Tickets amongst family members, friends, and/or associates so long as the Club determines there was not intent to realize Excess Value regardless of the frequency of the Transfers.
- Ticket Transfer activity connected with the use of a Ticket for any charitable or non-profit purposes.
- The Resale of a Ticket on StubHub where the purpose for the sale, as determined by the Club in its sole discretion, was unrelated to Broker Activity.
- Notwithstanding the provisions of the subsection above with respect to Broker Activity, certain Account Holders may be permitted to operate as a Broker Account. If an Account is permitted by the Club to operate as a Broker Account and to conduct ticket sales as a Broker Account, the Account Holder and all other parties deemed necessary by the Club (collectively the "Broker Parties") must agree to be bound by certain additional terms and conditions, set forth in a separate agreement, in writing, between the Club and the Ticket Broker Parties.
- This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio.
- If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
ASSUMPTION OF RISK. ACCOUNT HOLDER ACKNOWLEDGES THAT HE/SHE/IT KNOWS AND UNDERSTANDS ALL OF THE RISKS OF HARM OR INJURY TO HIS OR HER PERSON OR PROPERTY WHICH MAY RESULT FROM ATTENDING A BASEBALL GAME AND PARTICIPATING AS A SPECTATOR IN SUCH EVENT AND HEREBY EXPRESSLY ASSUMES ALL RISKS AND DANGERS INCIDENTAL TO THE GAME OF BASEBALL, WHETHER OCCURRING PRIOR TO, DURING, OR SUBSEQUENT TO, THE ACTUAL PLAYING OF THE GAME, INCLUDING BUT NOT LIMITED TO, THE DANGER OF BEING INJURED BY PLAYERS, OTHER FANS, THROWN BATS OR BROKEN PORTIONS THEREOF, THROWN OR BATTED BALLS OR OTHER OBJECTS OR PROJECTILES, AND AGREE THAT THE VENUE AND THE PLAYERS AND TEAMS PARTICIPATING IN THE GAME ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, AND/OR INJURIES RESULTING FROM SUCH CAUSES.
AGREEMENT TO BINDING ARBITRATION. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN HAMILTON COUNTY, OHIO AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN-CURRENT COMMERCIAL ARBITRATION RULES. NEITHER ACCOUNT HOLDER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY REMEDIES AVAILABLE UNDER APPLICABLE LAW. ANY AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
*GOVERNING LAW. *This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio.
COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES. 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 (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, surrounding grounds or parking areas, to which the Ticket provides access. The Account Holder acknowledges and confirms for him/herself and on behalf of any individual who uses the Ticket (including any minor children), both now and in the future, that the Account Holder understands and expressly assumes the risk that the Account Holder may be exposed to COVID-19 or other Communicable Disease. Account Holder expressly understand 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 will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in the Account Holder’s decision to use the Ticket that cannot be eliminated. The Account Holder further acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, the Account Holder may infect others the Account Holder subsequently come in contact with, even if the Account Holder are not experiencing or displaying any symptoms of illness, and that the risk of spreading COVID-19 or other Communicable Disease to others remains at all times. Accordingly, the Account Holder further agree that the Account Holder will not utilize this Ticket, or knowingly allow another person to utilize the Ticket, if within fourteen (14) days preceding the ticketed event, the Account Holder or the individual using the Ticket has:
· 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
· experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
· 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
· been in direct contact with or 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 (14) days preceding the Encounter.
Account 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 this Ticket that is related to exposure to or the contraction of COVID-19 or other Communicable Disease.
SPECIFICALLY, THE ACCOUNT HOLDER AND THE ACCOUNT HOLDER’S 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 CLUB AND THE ADDITIONAL RELEASED PARTIES NOTED BELOW 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, EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE FOLLOWING THE ACCOUNT HOLDER’S USE OF THE TICKET, OR DURING PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE CLUB OR OTHER RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING ANY VENUE DURING ANY COMMUNICABLE DISEASE EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. THE ACCOUNT HOLDER FURTHER AGREE 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 MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF USING TICKETS AND/OR AS A RESULT OF THEM BEING EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY THE ACCOUNT HOLDER . TO THE EXTENT PERMITTED BY LAW, THE ACCOUNT HOLDER FURTHER AGREE THAT IT IS THE ACCOUNT HOLDER’S INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED BY THE ACCOUNT HOLDER ON THE ACCOUNT HOLDER’S OWN BEHALF, AS SET FORTH ABOVE, AND ALSO ON BEHALF OF ANY OTHER INDIVIDUAL WHO USES A TICKET.
The “Released Parties” shall include (a) the Office of the Commissioner of Baseball and its related entities (“MLB”), Major League Baseball Properties, Inc. (“MLBPI”) and its related entities, MLB Advanced Media, L.P. (“MLBAM”) and its related entities, each of the Major League Baseball Clubs, and every director, officer, owner, stockholder, trustee, partner, employee, agent, independent contractor and consultant of MLB, MLBPI, MLBAM and the respective related entities and members of each of the foregoing (the “MLB Parties”); (b) the owners and operators of the venues in which the 2021 season will be played (the “Venues”), and event sponsors, contractors, vendors, operators, agencies and advertisers of the MLB Parties and Venues; (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 the Venues; (g) other entities and individuals who enter the Venues; and (h) the respective parent, subsidiary, affiliated and related companies and officers, directors, employees, agents, licensees, contractors, sub-contractors, insurers, representatives, successors, assigns of each of the foregoing entities and persons.
This acknowledgement 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 the holder of the Ticket and all others, the Account Holder must comply with all Club and Ballpark policies, all policies of the Centers for Disease Control and Prevention, and all laws and policies of all applicable federal, state and city authorities, in each case respecting COVID-19 and other Communicable Disease. 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.
Account 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 this Ticket, including all precautions required by the league and the Club while at the ballpark, stadium or surrounding grounds or parking areas, such as, but not limited to, distancing requirements and the wearing of masks in designated areas.