TIME, OPPONENT, DATE, TEAM ROSTERS AND LINEUPS ARE SUBJECT TO CHANGE. NO RE-ENTRY. NO REFUNDS EXCEPT AS PROVIDED FOR HEREIN. THIS TICKET MAY NOT BE RESOLD WITHIN ONE THOUSAND FIVE HUNDRED (1,500) FEET FROM THE PHYSICAL STRUCTURE OF YANKEE STADIUM (TOGETHER WITH SURROUNDING GROUNDS AND PARKING AREAS, THE “STADIUM”) UNDER PENALTY OF LAW.
IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE (“LICENSE”); HOLDER VOLUNTARILY ASSUMES RISK OF ILLNESS/INJURY; NO RE-ENTRY PERMITTED; THIS TICKET LIMITS HOLDER’S LEGAL RIGHTS
By using this ticket (“Ticket”) for admission to the Stadium, Ticket holder, on their own behalf and on behalf of any accompanying minor (together, “Holder”), agrees to the following terms and conditions (the “Agreement”), including an AGREEMENT TO ARBITRATE And A class action waiver. The Office of the Commissioner of Baseball (“MLB”) may update the terms of the Agreement at any time, without notice (“Agreement Updates”), and Holder’s use of this Ticket after Agreement Updates are posted at www.mlb.com/postseasontickets will mean that Holder accepts such Agreement Updates. Holder is solely responsible for reading and understanding the Agreement before using this Ticket.
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE INCLUDING THE STADIUM REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES (AS DEFINED BELOW), AGREES TO (A) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (B) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF MLB AND THE STADIUM OWNER/OPERATOR. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES AGREES TO FOLLOW ALL APPLICABLE FEDERAL, STATE, COUNTY, CITY AND MLB/STADIUM DIRECTIVES IN CONNECTION WITH, AND IN ORDER TO REDUCE THE RISK OR SPREAD OF DISEASE OR SICKNESS.
Holder agrees that: (a) Holder will not 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 to which this Ticket grants 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 (the “Game”) or any other event (collectively with the Game, the “Event”) including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Game (the “Game Information”) or other Event; (b) MLB or MLB Advanced Media, L.P. (“MLBAM”), as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Game and the Game Information; and (c) MLB, Major League Baseball Properties, Inc., MLBAM, The MLB Network, LLC, each of the Major League Baseball Clubs (each, a “Club”) including the New York Yankees (the “Yankees”), and each of their respective past, present and future 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 MLB and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the “MLB Entities”) and certain current and future sponsors and licensees of such MLB Entities will have the unrestricted, irrevocable, assignable right and license to use Holder’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 the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation or consideration, notification or permission, unless otherwise prohibited by applicable law.
Holder, on their own behalf and on behalf of any Accompanying Parties (as defined at the conclusion of this paragraph), (a) consents to security searches, screenings and/or inspection of Holder’s and/or any Accompanying Parties’ person, bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise; and (b) acknowledges and agrees to comply with (i) all relevant policies and protocols issued by any MLB Entity and/or the Stadium owner/operator, including, without limitation, any MLB and/or Stadium policies and protocols regarding security, bags, fan conduct and health and safety (each, an “MLB Policy” and collectively, the “MLB Policies”), all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this Ticket and the Event date, and (ii) all current guidance of the Centers for Disease Control and Prevention and all applicable laws, orders and policies of federal, state, city and local authorities. Holder acknowledges that the MLB Entities have no liability for Holder’s and/or any Accompanying Parties’ person or property. An “Accompanying Party” is 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 Agreement terms) (collectively, the “Accompanying Parties”).
The MLB Entities reserve the right to terminate the license granted by this Ticket by tendering to Holder the purchase price printed on this Ticket. Further, the MLB Entities reserve the right, without refund of any portion of the purchase price, to revoke the license granted by this Ticket and refuse admission to, or eject from, the Event, Holder and any Accompanying Parties if any such person (a) violates the terms of the Agreement, including without limitation any MLB Policy; (b) is or appears to be impaired; (c) conceals alcohol, illegal substances and/or other prohibited items while attempting to enter the Stadium; (d) acts in a manner that is unruly, disruptive or illegal; (e) uses derogatory, foul and/or abusive language and/or gestures; (f) displays and/or wears and fails to cover obscene, indecent and/or inappropriate clothing; (g) exposes him/herself; (h) otherwise violates the Stadium’s Code of Conduct, ordinances, rules, requirements, directives and/or regulations; or (i) poses a risk to the health or safety of others. Holder acknowledges and agrees that the Yankees’ ban on derogatory, foul and/or abusive language and/or gestures and obscene, indecent and/or inappropriate clothing (i.e., clauses (e) and (f) above) does not violate Holder’s right to free speech and/or expression and that such time, place and manner of the restrictions are reasonable to maintain a family-friendly atmosphere for minors, ensure the safety of all guests and sports participants, and preserve the enjoyment of the Game for all. In addition, Holder further acknowledges and agrees that by entering the Stadium, Holder hereby consents to the ban on derogatory, foul and/or abusive language and/or gestures and obscene, indecent and/or inappropriate clothing and waives, to the fullest extent Holder may legally and effectively do so, any objection Holder may now or hereafter have to such ban and the penalties that the Yankees may impose for any violation of same.
This Ticket may not be used for advertising, promotions of any kind (e.g., self-promotions, product promotions, ticket promotions, business promotions or commercial promotions) or any other commercial purposes, including, without limitation, contests, auctions, sweepstakes and giveaways, without the express written consent of MLB.
Any direct or indirect sale, resale, auction, assignment or transfer (collectively, “Resale”) of Tickets must be done in accordance with any applicable federal, state or local law, statute, rule, directive, regulation or ordinance including, but not limited to, NY Art & Cult Affr § 25 et seq. (the “Laws”). Any Resale in violation of Laws constitutes a material breach of the License. Any attempt by two (2) or more persons to gain admission with both a cancelled Ticket and any reissued Ticket whether as part of a Resale transaction and/or otherwise transferred by Licensee constitutes a material breach of the License. NEW YORK LAW PROVIDES THAT: (a) THE UNLAWFUL RESALE OF FIVE (5) OR MORE TICKETS WITHOUT HAVING FIRST PROCURED A LICENSE FROM THE NEW YORK SECRETARY OF STATE IS PUNISHABLE BY IMPRISONMENT OF UP TO ONE (1) YEAR AND FINES OF UP TO $2,000.00 OR MORE; (b) THE USE OF ANY MACHINE, DEVICE, COMPUTER PROGRAM OR COMPUTER SOFTWARE THAT NAVIGATES OR RUNS AUTOMATED TASKS ON RETAIL TICKET PURCHASING WEBSITES IN ORDER TO BYPASS SECURITY MEASURES TO PURCHASE TICKETS IS ILLEGAL; AND (c) THE RESALE OF ANY TICKET WITHIN ONE THOUSAND FIVE HUNDRED (1,500) FEET FROM THE PHYSICAL STRUCTURE OF THE STADIUM (INCLUDING ANY BUILDING OR OTHER STRUCTURE AT WHICH TICKETS ARE OFFERED FOR FIRST SALE TO THE PUBLIC) IS PROHIBITED UNDER PENALTY OF LAW. THE YANKEES RESERVE THE RIGHT TO REQUIRE PROOF OF A PROPERLY ISSUED NEW YORK TICKET RESELLER LICENSE. Holder assumes all risks associated with the purchase of this Ticket via Resale or the secondary market.
Views and lines of sight from the Holder’s seat(s) may be impacted by numerous conditions including: (a) as a result of Game/Stadium conditions (e.g., on-deck circles, coaches boxes, umpires, referees, players, coaches, managers, etc.); (b) protective devices/netting; (c) the manner of play and/or the field configuration; (d) Stadium signage; (e) Stadium and production personnel (e.g., grounds crew, security, cameramen, photographers, etc.) and their equipment (e.g., sound equipment, cables, etc.); (f) other guests/fans and their property (e.g., hats, umbrellas, etc.); and (g) configuration of the Stadium’s seating bowl (e.g., aisle seating, ADA seating, etc.). Such conditions shall not entitle Holder to any compensation, credits, rebates, refunds, offsets, make-goods or other remedies.
During any sporting event, it shall be illegal for any person other than a sports participant to: (a) knowingly enter or remain unlawfully upon the playing area; (b) subject a sports participant to contact by means of any substance, object or dangerous instrument; (c) place, drop, toss or hurl any substance, object or dangerous instrument onto the playing area; (d) strike, slap, kick or otherwise subject to physical contact a sports participant; and (e) attempt to do (b), (c) or (d) with the intent to cause physical injury to a sports participant or with the intent to disrupt a sporting event. Any person who violates the foregoing may be guilty of a misdemeanor punishable by imprisonment and/or fine as well as civil penalties of up to $25,000.
Holder, on their behalf and on behalf of any Accompanying Parties, agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including without limitation (a) terms that mandate or prescribe the quantity of Tickets available to be purchased, (b) additional requirements regarding Accompanying Parties, and (c) terms regarding the resale or transfer of Tickets.
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 within fourteen (14) days preceding the Event, 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; OR
(b) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(c) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with 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 and voluntarily 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 Stadium. By using this Ticket, Holder is acknowledging and confirming, on behalf of Holder and any Related Parties (as defined at the conclusion of this paragraph) both now and in the future, that Holder understands and expressly assumes the risk that Holder and/or any Accompanying Parties 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, on their own behalf and on behalf of any Accompanying Parties, that any interaction with the general public poses an inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder and/or any Accompanying Parties 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. “Related Parties” are any Accompanying Parties as well as Holder’s and any Accompanying Parties’ personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on their behalf.
ASSUMPTION OF RISK OF PERSONAL INJURY, ILLNESS AND/OR PROPERTY DAMAGE
Holder recognizes that attendance of Holder and any Accompanying Parties at the Event is voluntary and may result in personal injury (including death), illness and/or property damage and agrees to abide by all MLB Policies and to stay alert and remain aware of Holder’s surroundings. By using this Ticket or by attending, observing or participating in the Event, Holder, on their own behalf and on behalf of any Related Parties, acknowledges and assumes all risks and dangers associated with: (a) being a spectator before, during, and after a baseball game (including all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions), and (b) attending, observing or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, 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.
At any time before or during the Game, if a Holder is concerned with the location identified on the Ticket, the Holder should contact a Yankees representative; provided that: (a) any requested relocation is subject to availability; (b) any alternate seat or standing location may be in a section and/or level of the Stadium and/or within a price category that is not in the same section and/or level and/or price category of the location identified on the Ticket; and (c) any Holder requesting relocation is responsible for paying the incremental price increase, if any, of the price for the available alternate location. Relocation to a seat or standing location at a lower price than the price of the original ticketed location will not result in a refund or credit.
Holder, on their behalf and on behalf of any Related Parties, agrees that the Released Parties (as defined at the conclusion of this paragraph) will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered as a result of (x) Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event and/or (y) the sole, joint, or comparative negligence, or strict liability, of the Released Parties (collectively, the “Spectator Claims”). “Released Parties” are: (i) the MLB Entities; (ii) the MLB Entities’ respective past, present and future licensees, sponsors and vendors; (iii) the owner and/or operator of the Stadium and any local or state governmental body associated with the Stadium including the City of New York, the New York City Industrial Development Agency, the New York City Economic Development Corporation and the City of New York Police Department; (iv) the Ticket manufacturer, provider and/or agent; and (v) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, trustees, partners, members, directors, officers, owners, agents, representatives, servants and independent contractors of each of the foregoing entities listed in subsections (i) through (v).
GENERAL RELEASE OF LIABILITY AND COVENANT NOT TO SUE
ON THEIR OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, HOLDER 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 STADIUM 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: (I) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE STADIUM, INCLUDING, WITHOUT LIMITATION (a) ALL SPECTATOR CLAIMS; (b) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTIES, OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTIES; (c) ALL CLAIMS IN CONNECTION WITH ANY SECURITY SEARCHES OR SCREENINGS OF, OR THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO, HOLDER AND/OR ANY ACCOMPANYING PARTIES; AND/OR (d) ALL CLAIMS 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 AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OF HOLDER OR ANY ACCOMPANYING PARTIES FROM THE EVENT APPEAR (COLLECTIVELY, THE “RELEASED CLAIMS”).
FOR CALIFORNIA RESIDENTS: This Agreement has been executed by Holder with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect. Holder intends to relinquish all claims against the Released Parties, whether or not known or suspected and expressly waive any and all rights and benefits conferred upon Holder by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads: “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 “Affected Provision”), the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable and the Affected Provision shall be enforced to the maximum extent permitted by law.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON THEIR OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) SUCH OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (I) SUCH MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE STADIUM WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE STADIUM.
Holder will indemnify, defend and hold harmless the Released Parties from and against any and 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) Released Claims, (ii) Holder’s and/or any Accompanying Parties’ acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.
HOLDER AGREES THAT THE INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED HEREIN ARE WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OF ANY RELEASED PARTY, WHETHER ACTIVE OR PASSIVE, STRICT LIABILITY, LATENT, PATENT, OR PRE-EXISTING DEFECTS OR CONDITIONS, AND INCLUDING ANY CLAIMS ARISING OUT OF INGRESS, EGRESS, LOADING AND UNLOADING OF PERSONNEL OR CARGO.
NOTICE: FOR THE SAFETY OF EVERY GUEST, ALL PERSONS SPECIFICALLY CONSENT TO AND ARE SUBJECT TO METAL DETECTOR AND PHYSICAL PAT-DOWN INSPECTIONS OF THEIR PERSON AND PROPERTY PRIOR TO ENTRY INTO THE STADIUM. HOLDER waives any claims that Holder might have against the RELEASED PARTIES RELATING TO SUCH INSPECTIONS. ANY PERSON, ITEM OR PROPERTY THAT COULD AFFECT SAFETY SHALL BE DENIED ENTRY. Stadium policies are posted at Stadium entrances and available at www.mlb.com/yankees/ballpark/information. No items will be stored at the Stadium. Only authorized vehicles and vehicles dropping off or picking up disabled guests will be permitted curbside at the Stadium. No other vehicles are permitted curbside for any reason. The Yankees reserve the right to change Stadium policies without prior notice.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
The MLB Entities care deeply about maintaining good relationships with fans. If you or any of your Accompanying Parties have a problem with this Ticket or the Event, 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, Holder and the MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s or any Accompanying Parties’ use of this Ticket, Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of illness (including COVID 19 or other Communicable Disease), bodily injury or property damage arising out of Holder’s and/or any Accompanying Parties’ attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be 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 Holder nor the MLB Entities will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the MLB Entities 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 SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. You may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 800-352-5267 or visiting www.jamsadr.com. If JAMS 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 shall take place in the city where the Stadium is located. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the MLB Entities alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Parties, Related Parties and/or Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The MLB Entities will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the MLB Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the MLB Entities each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. 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 shall 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 shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or 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 thirty (30) days after the date of the Event. You must send your request to: Major League Baseball, Attn: Legal Department, Re: Ticket Arbitration, 1271 Avenue of the Americas, New York, NY 10020. The request must include your full name, address and the statement “I reject the Arbitration Agreement contained in my Event Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to bringing a claim under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the MLB Entities shall be sent by mail to Major League Baseball, Attn: Legal Department, Re: Ticket Claim Notice, 1271 Avenue of the Americas, New York, NY 10020. 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 MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE STADIUM WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE STADIUM.
ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE MLB ENTITIES ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Retain possession of this Ticket until the Game has been played or other Event has occurred. This Ticket is good only for this particular Event and no part of the purchase price will be refunded or credited by reason of the failure of Holder to use it for this Event.
POLICY FOR RESUMED OR RESCHEDULED GAMES OR EVENTS
Should a Game not be played or completed or should any other Event not occur on the date it was originally scheduled, this Ticket will admit Holder on the date or dates on which this Event is rescheduled or resumed, as announced in the sole discretion of MLB. No part of the purchase price will be refunded or credited by reason of the failure of Holder to use this Ticket on the date the Event is rescheduled or resumed. In the event that any Game (other than for Games not played) is not played to completion, as defined by MLB, or is rescheduled, the Ticket which permits entry into the Stadium to the Game specifically identified on the face of the Ticket (i.e., American League Wild Card Game, American League Division Series Home Game 1, Home Game 2 and Home Game 3; American League Championship Series Home Game 1, Home Game 2, Home Game 3 and Home Game 4; or World Series Home Game 1, Home Game 2, Home Game 3 and Home Game 4) is to be used for the next Game scheduled to be played at the Stadium irrespective of any previously announced schedule for Games.
REFUND/CREDIT INSTRUCTIONS FOR TICKETS TO GAME(S) NOT PLAYED.
NO TICKET SHOULD BE RETURNED. TICKETS HAVE NO CASH VALUE. NO RE-ENTRY.
In the event the Game indicated on the face of this Ticket is not played, the amount paid for this Ticket will be either credited or refunded as follows:
FULL/PARTIAL SEASON TICKET LICENSEES (“Licensee(s)”): As selected by the Licensee on “My Yankees Account” prior to paying the Postseason invoice, the amount paid to the Yankees for the Ticket will be: (a) CREDITED to the Licensee’s Season Ticket Account for the immediately following Regular Season; or (b) REFUNDED to the Licensee of record via the same method as the Postseason payment was made by the Licensee. Please allow 4-6 weeks for refund processing. In the event the Licensee fails to make any selection, the amount paid to the Yankees for the Ticket will be automatically credited in accordance with subsection (a), herein.
TICKETMASTER TELEPHONE AND INTERNET PURCHASES: Holders who purchased Tickets through Ticketmaster, over the telephone or via the Internet, will receive a refund from Ticketmaster issued as a credit to the credit card used for the original Ticket purchase.
Please do not hesitate to contact the Yankee Stadium Ticket Office at (212) YANKEES or via email at [email protected], if you have any questions.
POLICY FOR CANCELLED OR IMPACTED GAMES AND OTHER EVENTS
Due to the evolving nature of the COVID-19 pandemic, MLB may be required to (a) cancel or suspend an Event and not reschedule or resume it, (b) cancel or suspend an Event and reschedule or resume it in a different locale or (c) hold an Event without fans, or with limited fans, in attendance (each, a “COVID-19 Suspension”). If a Game or other Event is subject to a COVID-19 Suspension that prevents Holder from using this Ticket, the REFUND/CREDIT INSTRUCTIONS FOR TICKETS TO GAME(S) NOT PLAYED will apply.
1. Be advised that the Yankees reserve the right to take appropriate action against individuals who fraudulently obtain Tickets for wheelchair accessible and/or companion seats, including, without limitation, ejection and legal action.
2. The Yankees make no representations or warranties concerning, without limitation, the condition of the Stadium or its suitability for any particular purpose and Holder accepts the Stadium “AS IS.”
3. THIS LICENSE SHALL BE GOVERNED AND CONSTRUED BY NEW YORK LAW, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF.
4. IN NO EVENT WILL THE MLB ENTITIES BE LIABLE TO HOLDER OR ANY TICKET PURCHASER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES EVEN IF THE MLB ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. No general partner of the Yankees shall have any personal liability with respect to any of the Yankees’ obligations under this License by reason of his/her/its/theirs status as general partner. In addition, no limited partner, member, officer, director, stockholder or other holder of any ownership interest of or in the Yankees shall have any personal liability with respect to the Yankees’ obligations under this License by any reason of his/hers/its/theirs status as limited partner, member, officer, director, stockholder, interest holder or otherwise.
6. The number of innings in a regulation game shall be determined by MLB and may be shortened in accordance with MLB rules. The Yankees make no representation, warranty and/or guarantee that nine (9) innings will be played in any regulation game.