Ticket Terms and Conditions
THIS TICKET IS A REVOCABLE LICENSE;
USER ACCEPTS RISK OF ILLNESS/INJURY; NO RE-ENTRY – No Refunds
By using this ticket, holder, on their behalf and on behalf of any minor (“Minor”) and any accompanying party for whom holder retains a ticket to attend the Event (defined below) (each of whom holder represents authorized holder to act on their behalf in accepting applicable Agreement terms) (with Minor, “Accompanying Parties”), agrees to the terms and conditions, including an AGREEMENT TO ARBITRATE/CLASS ACTION WAIVER, at tigers.com/ticketback (“Agreement”) and the Agreement summary below (Agreement controls if any conflict). Holder and Accompanying Parties are, collectively, “Holder”.
AN INHERENT RISK OF EXPOSURE TO COVID-19 AND OTHER COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER (1) ASSUMES ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) WILL COMPLY WITH HEALTH/SAFETY POLICIES OF CLUB AND HOST VENUE OWNER/OPERATOR.
Holder will comply with all Detroit Tigers and host venue policies & protocols. Holder will not transmit/aid in transmitting photographs, images, videos, audio, livestreams or other accounts/descriptions (including play-by-play data) (whether text, data or visual), in any media, about the game/event or related attractions (collectively, “Event”). Holder consents to and waives compensation for use of their image or other personality rights and consents to security searches/screening. MLB Entities (defined below) reserve the right to revoke this license without refund and refuse admission/eject anyone who (a) violates Agreement terms; (b) appears to be or is intoxicated; (c) is deemed by an MLB Entity to be disorderly or a health/safety risk; or (d) uses vulgar or abusive language.
Holder acknowledges/assumes all risks of attending the Event, including, without limitation, contracting COVID-19 or other communicable disease or being injured by bats, balls or other items. Holder releases Club and all other MLB-related entities (“MLB Entities”), host venue, ticket provider, and all successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives, licensees, sponsors, vendors and contractors (collectively, “Releasees”), from claims arising out of the Event, even if due to the sole, joint, or comparative negligence, or strict liability, of Releasees (“Released Claims”) and will indemnify Releasees from and against Released Claims.
HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO RELEASEES TO THE FULLEST EXTENT PERMITTED BY LAW. IF HOLDER CANNOT AGREE FOR ACCOMPANYING PARTIES, ACCOMPANYING PARTIES MUST LEAVE THE EVENT.
ANY CLAIM RELATED TO THIS TICKET SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION. HOLDER MAY NOT JOIN OR CONSOLIDATE CLAIMS OR ARBITRATE AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
This ticket is valid only for this Event; if not played or completed, this ticket will admit Holder to the rescheduled/resumed Event; if not rescheduled/resumed, refunds or credits will be as determined in Club’s discretion.
For purposes of below, “Ballpark” is the defined term for your Club’s ballpark and surrounding areas, including parking lots; “Club” is the defined term for your Club; “Event” is the defined term for the game or event governed by the applicable terms; “Holder” is the defined term for the ticket holder, on their own behalf and on behalf of any accompanying minor; “Accompanying Party” is the defined term for any accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms); “Related Persons” is the defined term for Holder’s and any Accompanying Party’s personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on Holder’s or any Accompanying Party’s behalf; and “Released Parties” is the defined term for your Club and the other Major League Baseball Clubs (“Clubs”), 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 parent, subsidiary, 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.
AN INHERENT RISK OF EXPOSURE TO COVID-19 AND OTHER COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUB AND THE BALLPARK OWNER/OPERATOR.
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Club and/or the Ballpark owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at www.mlb.com/tigers/ballpark/guide#h-content all of which may continue to be updated from time to time between purchase of this ticket and the Event date, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities (subsections (1) and (2) are, collectively, “Health and Safety Rules”).
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), 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, Holder agrees that neither Holder nor any Accompanying Party will attend the Event if, on the date of the Event, they are required or recommended by Health and Safety Rules to stay at home, quarantine and/or isolate (e.g., as a result of testing positive for, experiencing symptoms of, or being in direct contact with someone who tested positive for, COVID-19 or other Communicable Disease). A “Communicable Disease” as used herein is COVID-19, 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.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
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 or other Communicable Disease in the Ballpark. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party 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 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 Holder’s decision to use this ticket that cannot be eliminated.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR RELATED PERSONS, 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, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY RULES TO HOLDER OR ANY ACCOMPANYING PARTY.
HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES 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.”
The acknowledgements 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 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 the Agreement shall not be affected thereby and shall remain valid and fully enforceable.