IMPORTANT: YOUR RIGHT TO ENTER THE PREMISES, WHETHER OR NOT EVIDENCED BY A GAME TICKET OR OTHER DOCUMENT OR INSTRUMENT OR ENTIRELY INTANGIBLE IN NATURE, IS A REVOCABLE LICENSE;
ADMITTEE ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT; THESE TERMS AND CONDITIONS LIMIT AND OTHERWISE AFFECT ADMITEE’S LEGAL RIGHTS
By choosing to enter the Premises (as defined below) (entering the Premises is referred to as “Admission”), you (“Admittee” or “you”), on your own behalf and on behalf of any minor accompanying you to the Game (as defined below) (each a “Minor”), agree to the following terms and conditions (the “Agreement”) which contains an AGREEMENT TO ARBITRATE And A class action waiver. This Agreement is governed by the laws of the State of Missouri, without regard to applicable conflicts of laws provisions or the principles of comity. The Kansas City Royals Baseball Club, LLC (the “Royals”) may change these Terms and Conditions, and thus the terms of the Agreement between Admittee and the Royals, at any time, effective immediately upon being posted on the Royals’ website; and proceeding with Admission after such change is effective means that Admittee and any Minor accepts such change. Admittee is solely responsible for ascertaining and understanding the then-currently effective Terms and Conditions, and thus the terms of the Agreement then in place between Admittee and the Royals, at all times, which Terms and Conditions are in the form then posted on the Royals’ website at the time of Admission. Kauffman Stadium, including all portions and parts thereof (and including all areas within the area bounded by roads identified as Dubiner Circle to the north, Red Coat Lane to the east, Royal Way to the south and Lancer Lane to the west) is referred to as the “Ballpark,” and the Ballpark (together with the parking lots, roads and other areas located within the Jackson County Sports Complex gates, is referred to as the “Premises.”
Admittee agrees that: (a) neither Admittee nor any Minor will transmit or aid in transmitting any photographs, images, videos, audio, livestreams or other accounts or descriptions (including play-by-play data) (whether text, data or visual), in any media, of all or any part of the game or other event held at the Premises and as to which Admittee chooses to proceed with 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 or event (collectively, the “Game”) including any account, description, picture, video, audio, reproduction or other information concerning the Game (collectively, the “Game Information”); (b) the Royals 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 Royals, 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 the MLB Entities have the unrestricted right and license to use Admittee’s image, likeness, name, voice, comments and other proprietary or public rights and those of any Minor in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual 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 all media now or hereafter known, without compensation. The rights granted herein to the MLB Entities are assignable.
Admittee (i) consents to allowing the Royals to inspect Admittee’s and any Minor’s person and 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 Admittee and any Minor may be denied entry to or ejected from the Premises if Admittee or any Minor is in possession of any item or object that the Royals consider potentially dangerous, hazardous, inappropriate or injurious to other patrons, and any prohibited items may be confiscated. Admittee consents to security searches and screening of Admittee and any Minor and waives any Released Claims (as defined below) that Admittee or any Minor might have against the Released Parties (as defined below). Admittee acknowledges that the Royals have no liability for any loss, damage or injury to Admittee’s or any Minor’s person or property, even if caused by the act or neglect of any of the Releases Parties.
The Royals reserve the right to terminate the license granted to Admittee, and any Minor, to enter the Premises under these Terms and Conditions by tendering to Admittee the purchase price assigned to such Admission by the Royals. Further, the Royals reserve the right, without refund of any portion of the purchase price, to revoke the license granted to Admittee, and any Minor, to enter the Premises under these Terms and Conditions, and to refuse admission or eject any person (a) who violates the terms of the Agreement, (b) who appears to be or is intoxicated or otherwise under the influence of a controlled substance, (c) whose conduct is deemed by any employee or agent of the Royals to be improper, disorderly or unbecoming, or (d) who uses vulgar or abusive language. Smoking at the Ballpark is restricted to designated locations throughout the Ballpark.
ALL GAME TIMES ARE SUBJECT TO CHANGE. THE ROYALS ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Admittee assumes all risk associated with any purchase or purported purchase from anyone other than the Royals or its designated agents of the license to obtain Admission (by Admittee or any Minor) pursuant to these Terms and Conditions . No license to obtain Admission (by Admittee or any Minor) pursuant to these Terms and Conditions may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Royals. No offer to resell or resale of the license to obtain Admission (by Admittee or any Minor) pursuant to these Terms and Conditions is permitted to the extent prohibited by any applicable federal, state or local law or regulation.
WAIVER AND RELEASE OF LIABILITY
Admittee recognizes that attendance of Admittee and any Minor at the Game is voluntary and may result in illness, personal injury (including death) and property damage and agrees to stay alert and remain aware of Admittee’s surroundings and the surroundings of each Minor. By Admission, observing or participating in the Game, Admittee, on behalf of Admittee and each Minor, acknowledges and assumes all risks and dangers associated with Admittee and each Minor (i) being a spectator before, during, and after the 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 after, 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, including the contraction of, or infection by, a communicable disease or virus. Admittee agrees that: (a) the Royals; (b) the Royals’ past, present and future licensees, sponsors, and vendors, and all of their successors and assigns; (c) all other Major League Baseball related entities; (d) Kansas City Chiefs Football Club, Inc., Jackson County, Missouri and the Jackson County Sports Complex Authority; (e) if Admittee’s license to obtain Admission to the Premises is represented by a physical ticket or other physical documentation, the ticket manufacturer or provider; and (f) 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 (f), collectively, the “Released Parties”), will not be responsible for any illness, personal injury (including death), property damage, or other loss suffered as a result of Admittee’s or any Minor’s (x) participation in, attendance at, or observation of the Game, or Admission to the Premises, or (y) the negligence of any of the Released Parties or other individuals (collectively, the “Released Claims”). Admittee hereby releases, forever discharges, and covenants not to sue the Released Parties from and against all Released Claims and any other claims that Admittee or any Minor 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 or materials in which recordings or photographs of Admittee or any Minor from the Game appear.
BY ATTENDING OR PARTICIPATING IN THE GAME, ADMITTEE, ON ADMITTEE’S OWN BEHALF AND ON BEHALF OF EACH MINOR, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IF ANY MINOR IS ACCOMPANYING ADMITTEE TO THE GAME, ADMITTEE IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF EACH MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF ADMITTEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF EACH MINOR, ADMITTEE SHOULD IMMEDIATELY LEAVE THE PREMISES WITH THE MINOR.
Admittee will indemnify, defend and hold harmless the Released Parties from and against 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) Admittee’s or any Minor’s attendance at, observation of, or participation in the Game, or Admission to the Premises, (ii) Admittee’s or any Minor’s acts or omissions, or (iii) Admittee’s breach of any of the terms, conditions or representations made in the Agreement.
ENTERING THE PLAYING FIELD, DISRUPTING A GAME OR ATTEMPTING ANY PHYSICAL CONTACT WITH A GAME PARTICIPANT IS A CRIME PUNISHABLE BY FINE OR IMPRISONMENT OR BOTH. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
If Admittee or any Minor suffers any illness or personal injury in connection with the Game, the Released Parties may use their discretion as to whether or not Admittee or any Minor should be transported to an on-site first aid station or off-site medical facility for examination, x-ray, anesthetic, medical, surgical or dental diagnosis or treatment and hospital care (collectively, “Medical Care”). Admittee hereby accepts full responsibility for all costs and expenses associated with any transportation or Medical Care administered to Admittee or any Minor and releases the Released Parties from all liability associated with any transportation and Medical Care.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
The Royals care deeply about maintaining good relationships with fans. If you have a problem relating to your Admission to the Premises or those of any Minor 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, Admittee and the Royals each agree that they will arbitrate all claims and disputes arising out of or relating in any way to Admittee’s purchase of the license granted to Admittee, or any Minor, to enter the Premises, Admittee’s or any Minor’s participation in, attendance at, or observation of the Game or Admission to the Premises, the Agreement, and any related dealings between them, including claims of bodily injury or property damage arising out of or relating in any way to Admittee’s or any Minor’s attendance at or participation in the Game (“Arbitration Claims”) through BINDING INDIVIDUAL ARBITRATION. The arbitrator will have the power to rule on his or her own jurisdiction, including any dispute as to the existence, formation, scope, or validity of the Arbitration Agreement and to the arbitrability of any claim. This Arbitration Agreement involves interstate commerce and is 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 Admittee nor the Royals will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Admittee and the Royals would have in court will not be available or will be more limited in arbitration, including the right to appeal. Admittee and the Royals 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 WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate the claims of multiple parties.
Arbitrations will be administered by the American Arbitration Association (“AAA”) in accordance with its then-existing commercial arbitration rules. You 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 the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration will take place in Kansas City, Missouri. The arbitration will be presided over by a single arbitrator, who will be selected in accordance with the rules that, as specified above, govern the arbitration. The arbitrator will be authorized to award any relief that would have been available in court, except that the arbitrator’s authority is limited to Admittee, any Minor and the Royals alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision will be final and binding. This Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including Minors and the Released Parties. This Arbitration Agreement will take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The Royals will be responsible for paying all arbitration fees other than the amount of filing fees Admittee would have incurred if Admittee had filed a lawsuit in the state court located in Jackson County, Missouri. 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 will 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 will 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 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 days after the date of the Game at which the Arbitration Claim arose. You must send your request to Kansas City Royals Baseball Club, LLC, Attn: President, Re: Game Arbitration, Kauffman Stadium, One Royal Way, Kansas City, Missouri 64129. The request must include your full name, address, and the statement “I reject the Arbitration Agreement contained in my Game Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement will remain in full force and effect as if you had not rejected arbitration.
Prior to bringing a claim under this Arbitration Agreement, the Claimant must 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 Royals must be sent by mail to Kansas City Royals Baseball Club, LLC, Attn: President, Re: Game Arbitration, Kauffman Stadium, One Royal Way, Kansas City, Missouri 64129. 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 A MINOR IS ACCOMPANYING ADMITTEE TO THE GAME, ADMITTEE IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF THE MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF ADMITTEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF EACH ACCMPANIED MINOR, ADMITTEE SHOULD IMMEDIATELY LEAVE THE PREMISES WITH THE MINOR.
If the Game is canceled or postponed because of rain, inclement weather conditions, or other reasons beyond the control of the Royals, Admittee’s license to obtain Admission to the Premises will be subject to the Royals’ announced rainout policy for the Game. If Admittee’s license to obtain Admission to the Premises is represented by a physical ticket or other physical documentation, please retain your physical ticket or other physical documentation until the Royals announce the rainout policy for the Game, which the Royals may do through the media or at its website, www.royals.com.
Effective Date: June 24, 2020