These terms and conditions which contain an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER ("T&Cs") govern and control the purchase of any Ticket Plan by the purchaser ("Licensee") from DT Soccer, LLC ("Licensor"). Licensor reserves the right at any time, and without prior notice, to modify, amend or supplement the T&Cs and/or the License and use of any Ticket after such modification, amendment or supplement constitutes Licensee’s acceptance of any modification, amendment or supplement of the T&Cs. The T&Cs control if there is a conflict with: (x) the paper or digital invoice ("Invoice"); (y) any Ticket (in digital or printed form); and/or (z) any other terms and conditions (except with respect to any Premium Agreement). Unless otherwise defined in the T&Cs, capitalized terms are defined in Section 15.
1. ACCEPTANCE:
(a) The T&Cs, the Invoice and/or Ticket do not constitute an offer. The purchase of any Ticket Plan shall not be completed, until the potential Licensee both: (i) acknowledges acceptance of and agrees to be bound by these T&Cs (i.e., by email confirmation, by signature or on-line click acceptance, the "Offer"); and (ii) receives written notice of Licensor's acceptance, which is conditioned upon Licensee's compliance with the T&Cs, and confirmation of the Ticket Plan purchase. Licensor's acceptance establishes the grant of the License.
(b) Tickets for Premium Areas are subject to additional terms and conditions contained in the specific Premium Agreements.
(c) ALL TICKET SALES ARE FINAL AND THERE ARE NO REFUNDS OR CANCELLATIONS BY LICENSEE.
2. TICKET PLAN & LICENSE INFORMATION:
(a) License:
(i) Each Ticket represents a separate limited, non-renewable license revocable at the sole and absolute discretion of the Licensor with or without cause (the “License”) and which only permits: (A) entry to the Event identified on the Ticket and the publicly-accessible areas of the Stadium at times determined by Licensor; and (B) sitting in the Seat, unless the Ticket is designated “General Admission.” Valid Tickets must be presented to enter the Stadium. Risk of loss/theft of Ticket(s) passes to Licensee upon receipt of the Ticket(s). For purposes of the License, a Holder shall be deemed a Licensee with respect to the Holder’s specific Ticket.
(ii) The purchase of any other Tickets of any kind shall be subject to the terms and conditions as set forth, from time to time, by MLS, Licensor or the Event promoter, as applicable. Any opportunity granted by Licensor to license Tickets of any kind is a privilege revocable, at any time, in Licensor’s sole and absolute discretion. Licensee acknowledges and agrees that it does not have any reasonable expectation, right or privilege to: (A) any Tickets to any other Game not included in the Ticket Plan or any other Events held at the Stadium; or (B) renew the License for any subsequent Regular Season.
(iii) Licensor reserves the right to restrict, modify, alter, change and/or amend the License and any Seat(s) as a result of: (A) MLS requirements; (B) Laws; (C) alteration of the Stadium; and/or (D) other reasons beyond the control of Licensor. If the Seat(s) is/are not available due to any of the aforementioned reasons for a Game, then Licensor will use commercially reasonable efforts to provide Licensee with the opportunity to license a Ticket elsewhere in the Stadium, subject to availability and as determined by Licensor. If Licensor is unable to provide Licensee with the opportunity to license a Ticket elsewhere in the Stadium to a Game, then Licensee shall be entitled, as its sole remedy, to a credit in an amount equal to the Established Price of the Ticket for the Game to which the Seat(s) was/were determined by Licensor to be unavailable. Such credit may be applied towards the purchase of Tickets to another Game within 12 months of the originally scheduled Game, subject to availability.
(iv) The License, the T&Cs, the terms and conditions contained on any Tickets and the fan code of conduct contain the entire agreement of Licensor and Licensee with respect to the matters provided for herein (the “Agreement”) and shall supersede any representations or agreements previously made or entered into by either Licensor or Licensee (whether oral or written).
(v) The License is a personal privilege and does not under any circumstances confer upon Licensee any title, interest or estate in real property or any leasehold interest in the Suite or the Stadium or any other interest or rights of any kind in any specific real or personal property.
(b) Season Tickets:
(i) The License is limited to the Games in the Regular Season covered by the Ticket Plan. Licensor reserves the right to grant or not grant any license to Licensee for any subsequent Regular Season or any other Event(s) for any reason whatsoever and pursuant to such terms and conditions as Licensor determines.
(ii) Auto renewal enrollment (“Auto Renewal”) is required to purchase your Charlotte FC ticket plan (“Ticket Plan”). You will remain enrolled in Auto Renewal each season for your Ticket Plan unless you cancel your enrollment prior to a date specified by us in a renewal notice (the “Renewal Date”) sent to you prior to the start of the season to which the notice applies (the “Renewal Notice”). You may cancel your Auto Renewal enrollment at any time before the Renewal Date specified in each Renewal Notice. Any Auto Renewal cancellation request sent by you will be effective on the date the cancellation request is received by us. Any Auto Renewal cancellation request received by us after the Renewal Date specified in the Renewal Notice will be effective for the Charlotte FC regular season immediately following the Charlotte FC regular season set forth in the Renewal Notice. Cancellation requests may be sent to tickets@charlottefootballclub.com, by contacting your Ticket Account Representative or via your Official Charlotte FC Account Manager. The amount charged for renewing your Ticket Plan may increase each season and any increase will be set forth in the Renewal Notice. The date(s) and frequency of the charges for renewing your Ticket Plan shall depend on the payment option you selected previously with us.
(c) Suite Tickets:
(i) The License is limited to providing Licensee and Licensee’s guests/invitees the use of and access to the suite (the “Suite”) during the applicable Event – all as identified on the front of the confirmation email. Licensee and Licensee’s guests/invitees shall be entitled to use and access the Suite at times determined by Licensor. Notwithstanding the foregoing, Licensor and its officers, employees, agents, contractors and representatives shall have the right to access the Suite at all times. Licensor reserves the right at any time, and without prior notice, to modify, amend or supplement the T&Cs of the License.
(ii) The amount payable by Licensee, as reflected on the front of the confirmation email, may include the cost of a menu of stadium fare food, non-alcoholic beverages and domestic beer. The types of food and beverages that make up the stadium fare menu shall be determined by the Concessionaire and is subject to change (all in the sole and absolute discretion of the Concessionaire). Any and all other alcoholic beverages will be made available at an additional cost to Licensee, which cost shall be determined by the Concessionaire in its sole and absolute discretion. Other food menu items may be available at an additional cost to Licensee, as agreed upon and provided for in a separate agreement that may be entered into between Licensee and the Concessionaire. Any food and beverages to be provided to Licensee by the Concessionaire during any Event shall be deemed to have been provided to Licensee by the Concessionaire in accordance with the License or any separate agreement entered into between Licensee and the Concessionaire.
(d) Group Tickets, General Seating Tickets and Individual Event Tickets:
(i) The License is limited to the Event and Seat(s) identified on the Ticket(s).
3. ACCOUNT:
(a) The License covers each Account pursuant to which the Licensee is permitted to license Tickets for the Event identified on each such Ticket. The Account may be terminated by Licensor, with or without cause, including Licensee’s failure to pay.
(b) All Licensee's account information provided (e.g., name, billing/mailing/email addresses, phone, etc.), must be the Licensee's own and true personal or business information. All payments for the Tickets must be made directly by the Licensee (i.e., by the Licensee's check or credit card). False or misleading information constitutes a material breach of the License and T&Cs. Licensor reserves the right to require valid identification and/or other proof of information related to the Account. Licensee can only be one (1) Person to whom/which an Account is registered in Licensor's database. If the Account is registered in the name of a business entity, a contact person (who will not be considered the Licensee) must be identified. Payment of any Invoice by anyone other than Licensee, and receipt and/or acceptance of payment thereof by Licensor, does not constitute or effectuate an assignment or transfer of the License. The License, the Account and/or any duties, obligations, rights and privileges may not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by Licensee to any other person or entity without the express written consent of Licensor.
4. PAYMENT:
(a) Failure to make full payment of the entire Established Price for all Tickets on such dates and pursuant to such terms and conditions established by Licensor constitutes a material breach of the License and T&Cs. Any payment option granted by Licensor is merely an accommodation and does not entitle Licensee to: (i) any portion of Tickets and/or Events if the full Established Price is not paid; and/or (ii) apportion any payment to any Tickets and/or number of Events.
(b) Any and all sums due hereunder from Licensee, whether the Established Price or otherwise, if not paid when due, shall bear interest at the lesser of: (i) one percent (1%) per month; or (ii) the maximum rate then permitted by applicable Law from the date due until paid. Such interest charge shall be in addition to, and not in lieu of, all other rights and remedies available to Licensor.
(c) Licensee shall pay and/or be responsible for paying all Taxes regardless of: (i) when levied, assessed or imposed or (ii) upon whom levied, assessed or imposed. If such Taxes are not collected directly from Licensee by the charging or collecting authority and/or entity, all such Taxes shall be promptly due and payable by Licensee to and upon written demand by Licensor. Licensee shall reimburse Licensor for any fee, penalty, interest or other charge paid by Licensor in respect to any Taxes.
(d) AUTO DRAFT AUTHORIZATION FOR SEASON TICKET PAYMENT PLAN. As a season ticket holder for Charlotte FC season tickets (“Season Tickets”), you agree to participate in a payment plan for your Season Tickets on the payment terms you have indicated to Licensor. You acknowledge and agree that you have an obligation to purchase your Season Tickets pursuant to the ticket plan you’ve purchased. You hereby authorize Licensor, its successors and assigns, to charge your credit/debit card (or withdraw from your bank account via “Electronic Funds Transfer”, if so selected by you) for your annual Season Tickets in installments on a reoccurring basis (as determined by Licensor each season) until the Season Tickets are paid in full ("Auto Draft"), under the terms of your ticket plan and based upon the payment information you have provided in your Season Tickets account. You understand each Auto Draft withdrawal will occur on an installment schedule set by Licensor prior to each season. Unless otherwise instructed by you, you agree to be charged in accordance with the payment plan in which you participated during the preceding season.
You agree to provide reasonable advance written or electronic notice (no less than 30 days) before the date on which your credit/debit card will be charged (or funds withdrawn, if selected by you) for your Season Tickets at the then-published rates. You acknowledge the price of your Season Tickets shall be determined each year by Licensor, in accordance with the terms of your ticket plan. You may opt-out of this Auto Draft for your Season Tickets throughout the year for any reason by providing Licensor a minimum of seven (7) days written notice by either (a) U.S. mail, certified return receipt requested addressed to Charlotte Football Club, Attn: Ticket Operations, 8600 McAlpine Park Drive, Charlotte, North Carolina 28211, (b) via email to Tickets@CharlotteFootballClub.com, or (c) by visiting CharlotteFootballClub.com/tickets/renewals-club-ga and selecting the opt out form. Such notice will be effective upon receipt by Licensor. Upon cancellation of participation in Auto Draft, you shall not be entitled to any refund for installment payments made prior to such termination and you shall remain obligated to purchase Season Tickets each year by the payment deadline imposed by Licensor for such season in accordance with the terms of your ticket plan. You acknowledge and agree that, unless otherwise cancelled, this Auto Draft authorization shall remain in effect for so long as your Season Tickets remain in effect.
You understand that Licensor reserves the right, upon written notification, to modify your payment plan for future seasons and/or terminate this Auto Draft in Licensor’s sole discretion. You acknowledge and agree that you are responsible for overdraft, insufficient funds, and other service charges that may be imposed in connection with the Auto Draft. You may terminate this Auto Draft without warning if payments are returned or unpaid or upon any notification from your bank that payments are not authorized or the bank account is closed, or any other notification requiring similar action under the applicable laws. In the event of any conflict or dispute of this authorization with your ticket plan, the ticket plan for your Season Tickets shall control. Nothing herein shall be determined to modify or alter the terms of your Season Tickets ticket plan and at all times the terms and conditions of the Season Tickets ticket plan shall remain in full force and effect.
CANCELLATION OF AUTO DRAFT DOES NOT CANCEL YOUR SEASON TICKETS TICKET PLAN AND ALL RIGHTS AND OBLIGATIONS UNDER THE SEASON TICKETS TICKET PLAN SHALL REMAIN IN FULL FORCE AND EFFECT FOR AS LONG AS YOUR SEASON TICKETS REMAIN IN EFFECT.
5. POLICIES:
(a) Licensor's policies (the "Policy(ies)") include the following:
(i) Subject to such exceptions as may be determined by Licensor, the Licensee must be age 18 or older.
(ii) A Licensee is only permitted to purchase, control, coordinate, manage or direct (collectively, “control”) six (6) Tickets-per-Game (the “Ticket Limit”). Examples of how the Ticket Limit can be exceeded include: (X) Ticket(s) controlled by any Person related to Licensee; or (Y) Account(s) that is/are in any way tied, linked or related to a specific Person or group that is in any way affiliated with each other or under common ownership, control or direction. Use of aliases, separate forms of payment or separate Persons or third parties to circumvent the Ticket Limit constitutes a material breach of the License and T&Cs. The Ticket Limit will be strictly enforced. Licensor may refuse any sale and revoke any License that violates the Ticket Limit. Licensor reserves the right to make exceptions to the Ticket Limit.
(iii) To purchase Tickets to Games, Licensee must be a legal resident, domiciled and/or have a principal place of business located in the Territory (the "Territory Limit"). Licensor can determine whether a Licensee, which includes: (A) any Person related to Licensee; or (B) any Account(s) that is/are in any way tied, linked, or related to a specific Person or group that is in any way a legal resident, domiciled and/or has a principal place of business located in the Territory. Falsely claiming a legal residence/domicile at a post office box/commercial mail receiving agency located in the Territory, redirecting mail from inside/outside the Territory or using addresses of Persons or third parties located in the Territory constitutes a material breach of the License and T&Cs. Licensor will strictly enforce the Territory Limit policy, refuse to sell to any Person that would cause this policy to be violated and revoke Licenses relating to any Account that violates this policy. Licensor reserves the right to make exceptions to the Territory Limit policy.
(iv) Licensor reserves the right to terminate the License by tendering to Licensee and/or the Holder the Established Price. Further, Licensor reserves the right, in its sole and absolute discretion, with or without refunding the Established Price, to revoke the License and refuse admission to and/or eject any Person who: (A) violates the terms of the License and any ticketing and/or Stadium T&Cs; (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 Guest Code of Conduct; (I) interferes with any ball in the field of play or any Sports Participant attempting to make a play on any ball; or (J) violates any Law. Licensee/Holder acknowledges and agrees that Licensor’s ban on derogatory, foul and/or abusive language and/or gestures and obscene, indecent and/or inappropriate clothing does not violate Licensee’s/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 Event for all. In addition, Licensee further acknowledges and agrees that by entering the Stadium, Licensee 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 Licensee may legally and effectively do so, any objection Licensee may now or hereafter have to such ban and the penalties that Licensor may impose for any violation of same.
(v) No Ticket may be used for advertising, promotion (including contests, giveaways or sweepstakes), charitable, trade or commercial purposes without Licensor’s consent. Any violation of the foregoing is the sole responsibility of Licensee. Licensor will investigate any violations of the License and/or T&Cs. The failure of Licensee and/or Holder to cooperate with any investigation constitutes a material breach of the License and T&Cs.
(b) Licensor may take any action that Licensor deems appropriate including issuing a warning, temporarily or permanently suspending an Account and/or denying access to an Account, if: (i) the License, any T&Cs and/or any Policy are breached and/or violated; (ii) Licensee breaches the Account's terms of use; (iii) Licensor is unable to verify or authenticate Licensee’s information; (iv) Licensor believes that Licensee's conduct may cause legal liability for Licensor; or (v) necessary for the safety and/or protection of patrons or to address fraud or misconduct. Licensor may review Account activity for fraud which may result in automatic cancellation of Account activity and temporary or permanent suspension of the Account.
6. RESCHEDULED, UNAVAILABLE, SUSPENDED AND FUTURE MATCHES:
The date, time and location of the Game or Event (and the opening of the gates) are subject to change by Licensor in its sole discretion, and no such change shall entitle Licensee to a refund or other remedy if unable to attend or for any other reason. The sole and exclusive remedy if admission is refused or revoked for reasons other than a breach by Licensee, or a Game or Event is cancelled or is otherwise unavailable for any reason and not replayed, is a credit up to the face value of the Ticket as set by Licensor (the “Face Value”). If Licensee purchased a Ticket(s) directly from Club and has fully paid for Ticket(s) to a Game or Event and entry to such Game or Event is denied for reasons other than a breach of these Terms (including the Stadium T&C’s) by Licensee, then Club will issue a credit to my account for the Face Value. Nothing herein, including without limitation the Club’s issuance of Tickets, shall operate as or constitute any representation, warranty, covenant or guarantee by Licensor that any number of Games shall be open to the public, played at the Stadium or other facilities, or played before a full capacity audience, and no Releasee shall have any liability whatsoever with respect to any unplayed or unavailable Games or unavailable Events other than as expressly set forth in these Terms. Nothing in the Tickets, a payment plan, an Invoice, or these Terms grants a right to postseason Games, future Games, events or anything other than the Event(s) indicated on the Ticket(s) purchased and paid for by Licensee, subject to the remainder of these Terms.
IN THE EVENT THAT THE GAME OR EVENT COMMENCES AT ITS SCHEDULED DATE AND TIME BUT IS DELAYED OR POSTPONED AT ANY POINT PRIOR TO ITS CONCLUSION DUE TO INCLEMENT WEATHER OR FOR ANY OTHER REASON (HEREINAFTER A “SUSPENDED MATCH”), LICENSEE RECOGNIZES AND ACKNOWLEDGES THAT THIS LICENSE DOES NOT GRANT RE-ENTRY FOR ANY DATE AND TIME SCHEDULED FOR RECOMMENCEMENT OF THE REMAINDER OF THE GAME OR EVENT. LICENSOR, IN ITS SOLE DISCRETION, WILL BE ENTITLED TO DETERMINE WHETHER THIS TICKET WILL PERMIT ENTRY TO THE SUSPENDED GAME AT THE DATE AND TIME FOR WHICH IT IS RESCHEDULED OR AT WHICH PLAY RESUMES, OR WHETHER ANY REFUNDS OR CREDITS SHALL BE ISSUED FOR THE SUSPENDED GAME TICKET.
7. RESALE OF TICKETS:
Any sale, resale, auction, assignment or transfer (collectively, "Resale") of Tickets must be done in accordance with Laws. Any Resale in violation of Laws constitutes a material breach of the License and T&Cs. Any attempt by 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 and T&Cs.
8. WARNINGS:
(a) For the safety of every guest, all guests must stay alert and be aware of their surroundings at all times while visiting the Stadium. Accordingly, guests who are concerned with their original ticketed location by reason of the foregoing, at any time before, during or after the Game and the Game experiences, should contact any Guest Relations representative to request that they be relocated; however, please remember that: (i) any requested relocation is subject to availability, and (ii) 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 guests' original ticketed location, regardless of their original ticketed location.
(b) No compensation, credits, rebates, refunds, offsets, make-goods or other remedies will be provided for views and lines of sight impacted by conditions including: (i) as a result of Game/Event/Stadium conditions (e.g., player benches, referees, players, coaches, managers, etc.); (ii) protective devices/netting; (iii) the manner of play and/or the field configuration; (iv) Stadium signage; (v) Stadium and production personnel (e.g., grounds crew, security, cameramen, photographers, etc.) and their equipment (e.g., sound equipment, cables, etc.); (vi) other guests/fans and their property (e.g., hats, umbrellas, etc.); and (vii) configuration of the Stadium's seating bowl (e.g., aisle seating, ADA seating, etc.).
9. SECURITY POLICY:
(a) 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. LICENSEE/HOLDER WAIVES ANY CLAIMS THAT LICENSEE/HOLDER MIGHT HAVE AGAINST THE RELEASED PARTIES RELATING TO SUCH INSPECTIONS. ANY PERSON, ITEM OR PROPERTY THAT COULD AFFECT SAFETY SHALL BE DENIED ENTRY.
(b) During any sporting event, it shall be illegal for any person other than a Sports Participant to: (i) knowingly enter or remain unlawfully upon the playing area; (ii) subject a Sports Participant to contact by means of any substance, object or dangerous instrument; (iii) place, drop, toss or hurl any substance, object or dangerous instrument onto the playing area; (iv) strike, slap, kick or otherwise subject to physical contact a Sports Participant; and (v) attempt to do (ii), (iii) or (iv) with the intent to cause physical injury to a Sports Participant or with the intent to disrupt a sporting event.
10. EVENT INFORMATION:
(a) Games: Licensee/Holder agrees that: (i) Licensee/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 at the Stadium to which the Ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-game, post-game or between-half activities, promotions or competitions offered in connection with the Game including any account, description, picture, video, audio, reproduction or other information concerning the Game (collectively, the “Game Information”); (ii) MLS is the exclusive owner of all copyrights and other proprietary rights in the Game and Game Information related thereto; and (iii) MLS and Club will have the unrestricted, irrevocable, assignable, royalty-free (without further payment) right and license to use Licensee’s/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 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 any and all media now or hereafter known, without compensation or consideration, notification or permission, unless otherwise prohibited by applicable law.
(b) All Other Events: Licensee/Holder agree that: (i) Licensee/Holder will not transmit or aid in transmitting any photographs, images, videos, audio, livestreams or other accounts or descriptions (whether text, data or visual), in any media, of all or any part of the Event to which the Ticket grants admission including any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively, the “Event Information”); (ii) the Licensor and/or the Event promoter is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information related thereto; and (iii) Licensor and/or the Event promoter and 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 Licensor or the Event promoter and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the “Event Parties”) and certain current and future sponsors, assignees and licensees of such Event Parties will have the unrestricted, irrevocable, assignable, royalty-free (without further payment) right and license to use Licensee’s/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.
11. WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION:
(a) Licensee recognizes that Licensee’s/Holder’s attendance at the Game or Event is voluntary and may result in personal injury (including illness and death) and/or property loss or damage. By using any Ticket covered by the License or by attending, observing or participating in the Game or Event, Licensee/Holder acknowledges and assumes all risk of personal injury and property loss or damage arising out of, during or related to attendance at the Stadium, any Game or Event or otherwise incidental to any sports competition (including the sport of soccer). Licensor shall not be liable or responsible for any personal injury or property loss or damage in, about or around the Stadium and/or any portion thereof and/or parking lots, resulting from any cause whatsoever, including personal injury or property loss or damage resulting from kicked, deflected, redirected or thrown balls, theft, vandalism, criminal activities, misconduct by other patrons and/or negligence.
(b) At any time before or during the Event, if a Licensee/Holder is concerned with the Seat, the Licensee/Holder should contact a Licensor representative; provided that: (i) any requested relocation is subject to availability; (ii) 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 (iii) any Licensee/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.
(c) Licensee/Holder agrees that (i) MLS and MLS Parties, (ii) Club; (iii) the Event promoter; (iv) the owner and/or operator of the Stadium and sponsors, contractors, vendors, operators, agencies and advertisers of the MLS and Club, the Event promoter and the Stadium; (v) any local or state governmental body associated with the Stadium; (vi) the Ticket manufacturer, provider and/or agent; (vii) licensees, and retail, concession, broadcast and media partners of the MLS and Club, and/or Event promoter; (viii) press and other media; (ix) vendors that may provide testing or medical services; (x) entities and individuals providing accommodation and transportation to or from the Stadium; (xi) other entities and individuals who enter the Stadium; and (xii) all past, present and future parent, subsidiary, affiliated and related companies and affiliates, successors, assigns, players, managers, coaches, employees, trustees, partners, members, directors, officers, owners, agents, licensees, representatives, insurers, servants, independent contractors and subcontractors of each of the foregoing entities listed in subsections (i) through (xii) (collectively, the “Released Parties”) will not be responsible for any personal injury (including illness and death), property damage, or other loss suffered as a result of Licensee’s/Holder’s: (A) participation in, attendance at, and/or observation of the Game or Event; and/or (B) the negligence of any of the Released Parties (collectively, the “Released Claims”).
(d) Licensee/Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Licensee/Holder 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 and/or materials in which recordings or photographs of Licensee/Holder from the Game or Event appear, whether such recordings and photographs are captured prior to, during or subsequent thereto.
BY ATTENDING THE GAME AND/OR PARTICIPATING IN THE EVENT, LICENSEE/HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
LICENSEE/HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF LICENSEE/HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY MINOR(S), LICENSEE/HOLDER SHOULD IMMEDIATELY LEAVE THE STADIUM WITH SUCH MINOR(S).
(e) Licensee/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 Licensee’s/Holder’s: (i) use of the Tickets; (ii) attendance at, observation of, and/or participation in the Event; (iii) acts or omissions; or (iv) breach of any of the terms, conditions or representations made in the License and T&Cs.
12. DEFAULT:
(a) Licensee shall be in material default upon the occurrence of any of the following (each a “Default"): (i) Licensee fails to pay in full any portion of the full Established Price or any other amounts when due; (ii) any violation and/or breach of any Policy; (iii) Licensee or any Holder engages in any illegal activity or commits any material breach or repeat violation of any of the Agreement, License, T&Cs or Stadium T&Cs; (iv) Licensee either voluntarily files for bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or any similar proceedings, as applicable, or involuntarily has a proceeding instituted against it and such proceeding is not dismissed within 30 days; and/or (v) Licensee makes a general assignment for the benefit of creditors.
(b) Upon the occurrence of any Default, Licensor may, in addition to all other rights and remedies that it may have, at its option and with or without notice to Licensee, do any of the following: (i) withhold distribution or void Tickets or deny entry into the Stadium until the Default is cured; and/or (ii) terminate the License.
(c) Licensor shall be entitled to recover from Licensee, and Licensee shall pay to Licensor: (i) all damages Licensor may incur by reason of the Default; (ii) all reasonable attorneys' and professionals' fees and expenses and litigation costs (including arbitration fees and costs) incurred in connection with the Default; and (iii) the costs and expenses incurred by Licensor to re-license the Seat(s). In addition to the foregoing, Licensee shall be responsible and liable for the applicable interest referred to in subsection 4(b), above, applied upon all of the foregoing.
(d) Licensor shall have no obligation to mitigate its damages as a result of any Default or failure or misrepresentation by Licensee. The decision whether to re-license any Tickets in the Seats and the terms and conditions pursuant to which any Tickets may be re-licensed shall be made by Licensor. Any amounts received by Licensor from any re-license of any Tickets after termination of the License shall not reduce any of Licensee's obligations and liabilities.
(e) The remedies contained herein are cumulative and shall not limit or exclude any other right or remedy set forth herein or otherwise available to Licensor at law or in equity, including Licensor's right to receive indemnification. No waiver by Licensor of any Default or breach by Licensee of its obligations hereunder shall be construed to be a waiver or release of any other subsequent Default or breach by Licensee hereunder and no failure or delay by Licensor in the exercise of any remedy provided for herein shall be construed to constitute a waiver thereof or of any other right or remedy available to Licensor.
13. MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”):
(a) Licensor cares deeply about maintaining good relationships with fans. If Licensee/Holder has a problem, 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.
(b) Unless prohibited by federal law, Licensee/Holder and Licensor agree to arbitrate any and all claims and disputes relating in any way to the meaning, interpretation, application, or enforcement of this Agreement, the License, the T&Cs the purchase or use of any Ticket Plan and/or Ticket, the participation in, attendance at, and/or observation of any Event by Licensee and any Holder (including any Accompanying Party) (collectively, for purposes of this Arbitration Agreement, the “Covered Licensees”), and any related dealings between them including, but not limited to, claims of discrimination, personal injury (including illness and death) or property damage arising out of attendance at and/or participation in any Event by any Covered Licensees including the determination of arbitrability as well as the validity, scope and/or enforceability of this Arbitration Agreement (“Arbitration Claims”), through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
(c) In any Arbitration Claim to be resolved by arbitration, neither Licensee nor Licensor will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Licensee and Licensor would have in court will not be available or will be more limited in arbitration, including the right to appeal. Licensee and Licensor each understand and agree that by requiring each other to resolve all disputes through individual arbitration, THE LICENSEE AND LICENSOR 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.
(d) Arbitrations shall be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. In the case of a court ordered arbitration, the demand for arbitration must be filed in accordance with JAMS’s rules within thirty (30) calendar days from the date of entry of the court order or such other time period as determined by the court. Licensee may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 212-751-2700 or visiting 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 Charlotte, North Carolina. 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 Licensee and Licensor 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 Licensee and Licensor agree that the Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, all Licensee and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
(e) Payment of all filing, administration, hearing and other fees (“Arbitration Fees”) will be governed by JAMS's rules. Licensee will be responsible for paying Licensee share of any Arbitration Fees, but only up to the amount of the filing fees Licensee would have incurred in the state or federal court in North Carolina, whichever is less. Notwithstanding any other provision herein, Licensee and Licensor may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Licensee and Licensor 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 License and T&Cs, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then the entire Arbitration Agreement shall be void. If any portion of the 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 the Arbitration Agreement. This Arbitration Agreement will survive the termination of the License and T&Cs and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
(f) Prior to bringing an Arbitration Claim under the Arbitration Agreement, the party seeking to bring the Arbitration Claim (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 30 days, to resolve the Arbitration Claim. Any Claim Notice to one or more of Licensor shall be sent by mail to: Charlotte Football Club 800 South Mint Street, Charlotte, North Carolina 28202. Any Claim Notice must (i) identify the Claimant by name, address, email address, and telephone number; (ii) explain the nature of the Arbitration Claim and the relief demanded; and (iii) 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.
(g) Notwithstanding Sections 13(b) – (f), above, in the event the dispute involves: (i) Licensee’s failure to pay the full amounts due for the Tickets covered by the Account; and/or (ii) Licensee’s failure to participate in the arbitration in good faith, or frustrates the arbitration process and/or the arbitration process reaches an impasse, then as a result of any of the foregoing, Licensor, at its sole option, shall be relieved from the Arbitration Agreement and may immediately proceed with any legal action, suit or proceeding in the State Courts of North Carolina located in Mecklenburg County. In the event Licensee rejects the arbitration agreement the exclusive venue for any legal action, suite or proceeding in connection with this Agreement shall be the State Courts of North Carolina in Mecklenburg County. Licensee expressly and irrevocably accepts and submits to the exclusive jurisdiction and venue of the aforesaid courts in personam and waives any claim that such forum is inconvenient, inappropriate or any similar claim.
(h) Licensee further acknowledges and agrees that if Licensor is forced to proceed under Section 13(g) with respect to any dispute, such dispute is likely to involve complicated and difficult issues. Accordingly, Licensee hereby irrevocably and unconditionally waives any right it may have to a trial by jury in respect to any litigation contemplated hereunder. Licensee further certifies and acknowledges that: (i) no representative, agent or attorney of Licensor has represented, expressly or otherwise, that Licensor would not, in the event of litigation, seek to enforce Licensee’s waiver of a trial by jury; (ii) it understands and has considered the implications of Licensee’s waiver of a trial by jury; (iii) it makes such waiver voluntarily; and (iv) it has induced Licensor to enter into this Agreement by, among other things, its waiver of a trial by jury and the certifications contained in Sections 13(h)(i) – (iv).
(j) LICENSEE IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY HOLDER (INCLUDING ACCOMPANYING PARTY(IES) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN). IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF ANY ACCOMPANYING PARTY(IES), LICENSEE SHOULD IMMEDIATELY LEAVE THE STADIUM WITH SUCH ACCOMPANYING PARTY(IES).
(k) Except as necessary in connection with a judicial challenge to or enforcement of an arbitration award, or unless otherwise required by law or judicial decision, the parties agree that the arbitration procedure will be confidential. All conduct, statements, promises, offers, views and opinions, oral or written, expressed during the arbitration by any party or a party’s agent, employee or attorney will remain confidential and, where appropriate, will be considered work product and privileged and the existence and the results of the arbitration will be maintained by the parties and their respective agents, employees, professionals and attorneys as confidential at all times.
14. GENERAL INFORMATION:
(a) All rosters, lineups, coaches and managers and Event dates, times and Seat(s) are subject to change. Licensor makes no representation, warranty and/or guarantee arising from or related to the participation or performance of any individual player in the Game or Event, and Club and MLS Parties hereby disclaim any and all such representations, warranties, and guarantees, whether express or implied (including, but not limited to, in any advertising or promotional materials related to the Game or Event). Licensee agrees that Club and MLS Parties shall not be held liable or responsible for any allegation, claim, demand, proceeding, or action arising from or related to the participation or attendance of any individual player, or the performance of any player or team, in the Event, and that no refund will be owed Licensee on the basis of non-participation or non-attendance of any individual player. By using this ticket, Licensee acknowledges this disclaimer and voluntarily assumes all risks related to the attendance or performance of specific players at the Game or Event. Licensor shall not be: (i) liable for any failure to and/or delay in performing and/or complying with its obligations under these T&Cs as a result (directly or indirectly) of any Force Majeure Event; and (ii) obligated to settle or vote to settle any strike, lockout or work stoppage or other labor disturbance (including any MLS strike or lockout) to avoid a Force Majeure Event from continuing.
(b) Be advised that Licensor reserves the right to take appropriate action against individuals who fraudulently obtain Tickets for wheelchair accessible and/or companion seats, including ejection and legal action.
(c) These T&Cs and all of Licensee’s rights herein are subject to all rules, regulations and requirements of or issued by, MLS, as they presently exist and as they may, from time to time, be entered into, created or amended (collectively, “MLS Rules”). These T&Cs (and any amendment hereto) may be submitted to MLS promptly following full execution and delivery, and MLS may have the right to approve these T&Cs as a condition subsequent to its continuing effectiveness. These T&Cs will be binding on the parties until and unless MLS does not approve these T&Cs pursuant to such condition subsequent. All parties to these T&Cs acknowledge and agree that (i) Licensor’s right to operate an MLS team is subject to the terms and conditions of a confidential Expansion Agreement with the MLS and (ii) if such Expansion Agreement is (or the rights granted to Licensor under the Expansion Agreement are) terminated for any reason, no party to or beneficiary of these T&Cs shall have any right of recourse to MLS Parties, which claims are hereby waived and released. This section may not be amended or modified without the consent of the MLS, who shall have the right to enforce this provision in accordance with its terms.
(d) Licensor makes no representations or warranties concerning the condition of the Stadium or its suitability for any particular purpose and Licensee/Holder accepts the Stadium “AS IS.”
(e) THE AGREEMENT, LICENSE AND T&CS SHALL BE GOVERNED AND CONSTRUED BY NORTH CAROLINA LAW, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF EXCEPT THAT THE ARBITRATION AGREEMENT SHALL BE GOVERNED AND CONSTRUED BY THE FAA.
(f) IN NO EVENT WILL LICENSOR AND/OR ANY OTHER RELEASED PARTY BE LIABLE TO LICENSEE 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 LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(g) No general partner of Licensor shall have any personal liability with respect to any of Licensor's obligations under the Agreement, License and/or T&Cs 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 Licensor shall have any personal liability with respect to Licensor's obligations under the T&Cs by any reason of his/hers/its/theirs status as limited partner, member, officer, director, stockholder, interest holder or otherwise.
(h) The License and any other licenses that may be granted by Licensor shall in all respects be subordinate to: (i) rules and policies of MLS; and (ii) the Stadium T&Cs including the fan code of conduct, all as may be amended.
(i) These T&Cs contain the entire understanding of the parties with respect to the matters provided for herein and supersede any representations previously made or entered into by either party (whether oral or written). No amendment, modification or waiver to this Agreement and these T&Cs shall be valid or enforceable unless in writing and signed by both parties. Licensor’s exercise of any decision, determination, grant and/or reservation of right shall be at Licensor's sole and absolute discretion. Whenever the words “include”, “includes”, or “including” are used, they shall be deemed to be followed by the words “without limitation” and/or “but not limited to”.
(j) Additional terms and conditions may apply.
15. DEFINITIONS:
For purposes of these T&Cs and the License, unless otherwise defined herein or the context requires a different definition, the following terms shall have the following meanings:
“Accompanying Party” means any party accompanying Licensee/Holder including any person (including any minor) admitted into the Stadium by the Ticket (each of whom Licensee/Holder represents have authorized Licensee/Holder to act on their behalf in accepting the applicable T&Cs).
“Account” means the Ticket Account covered by the License.
“Club” means the Charlotte Football Club.
“Communicable Disease” means any airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses (including COVID-19), bacteria or illnesses or the causes thereof including any strains, variants or mutations thereof.
“Concessionaire” means the Stadium’s concessionaire – Levy Premium Foodservice Limited Partnership
“Established Price” means the price fixed at the time of sale by the Licensor for admission to the Stadium and printed or endorsed on each Ticket.
“Event(s)” mean(s) all charitable, religious, civic, concert, political, sport (including any Game), entertainment and other events held in the Stadium.
“Force Majeure Event” means any of the following: (i) act of God; (ii) Health Emergency; (iii) hostility (whether war is declared or not), civil war, rebellion, revolution, insurrection, act of terrorism or enemy action; (iv) military or usurped power or confiscation, nationalization or national, state and/or local government sanction, regulation, restriction or emergency (declared or undeclared); (v) riot, crime or civil commotion; (vi) unavoidable casualty, fire or earthquake; (vii) interruption or failure of electricity or utilities, electrical, utilities or mechanical difficulty, inability to obtain labor, lack of materials, strike (regardless of the cause), lockout, work stoppage or other labor disturbance; (viii) order by MLS; (ix) adverse weather condition (e.g., rain, snow, lightning, etc.); or (x) any other cause or condition, whether similar or dissimilar to any of the foregoing, beyond the reasonable control of Licensor.
“Game(s)” mean(s) the Club’s Regular Season home game(s) played in the Stadium.
“Health Emergency” means disease (including Communicable Disease), plague, famine, epidemic, pandemic, public health emergency, contagions and/or communicable diseases irrespective of cause that results in a national, state and/or local crisis, quarantine, public health emergency and/or extraordinary public security or health measures (such as shelter-in-place, stay-at-home or social/physical distancing directives) declared by any national, state and/or local government or regulatory body and/or MLS.
“Holder” means the holder of any Ticket including any Accompanying Party.
“Laws” mean applicable federal, state or local laws, statutes, rules, directives, regulations and ordinances.
“MLS” means “Major League Soccer, L.L.C.”.
“MLS Parties” means Major League Soccer, L.L.C. and its affiliates, Soccer United Marketing, LLC (“Sum”), the members of MLS and each of the MLS teams operated by them, and each of their respective direct and indirect affiliates, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees and contractors (and all employees of such contractors), and other personnel.
“Person” means an individual or other legal entity.
“Premium Agreements” means the ticket, license and food and beverage agreements (as applicable) required by Licensor to license Tickets in the Premium Areas.
“Premium Areas” mean areas in the Stadium designated by Licensor as “Premium Areas” and include the Registrix Reserve, Gallery Suite, Gridiron Club and Executive Suites.
“Regular Season” means the Club’s regular season as established, changed and/or modified by MLS.
“Seat” means the Section, Row and Seat in the Stadium identified on the Ticket.
“Sports Participant” means any referee, player, coach, manager, security personnel, groundskeeper, Stadium operations employee or any other sanctioned participant, such as musicians, band members, color guards, etc.
“Stadium” means Bank of America Stadium located at 800 S. Mint Street Charlotte, North Carolina and the areas surrounding the Stadium, including parking lots.
“Stadium T&Cs” means security policies, health and safety policies and assessments, gate and bag policies, the fan code of conduct and other policies found on https://www.charlottefootballclub.com/
“Taxes” mean any and all use, sales, privilege, rental, admission, amusement, entertainment, occupancy and other taxes, charges, impositions, levies, fees and assessments that are or may be assessed, levied or imposed with respect to the Tickets (including with respect to the use of and/or access to the Suite but specifically excluding Licensor’s income taxes).
“Territory” means: (i) the State of North Carolina and (ii) the State of South Carolina.
“Ticket(s)” mean(s) any evidence of the right of entry to the Stadium sold by the Licensor or Licensor’s agent expressly authorized to make the first sale of such evidence of the right of entry to the Stadium. Each Ticket represents a separate License that only permits the Holder the right to: (i) enter the publicly-accessible areas of the Stadium at times determined by Licensor; (ii) attend the Event identified on the Ticket; and (iii) sit in the seat location identified on the Ticket.
“Ticket Plan” means the plan pursuant to which the Tickets are licensed by Licensee and includes Season Tickets, Group Tickets, Suite Tickets, General Seating Tickets and individual Event Tickets. Premium Ticket Plans will be governed and controlled by the applicable Premium Agreements.
16. COMMUNICABLE DISEASES:
(a) AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING COVID-19) EXISTS IN ANY PUBLIC PLACE INCLUDING THE STADIUM REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. LICENSEE AGREES TO: (i) ASSUME ALL RISKS ASSOCIATED WITH COMMUNICABLE DISEASES (INCLUDING COVID-19); AND (ii) COMPLY WITH ALL RELATED HEALTH AND SAFETY POLICIES OF THE LICENSOR AND THE STADIUM.
(b) Licensee/Holder acknowledges and agrees to comply with: (i) all relevant policies and protocols issued by the Licensor and/or the Stadium including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, all of which may continue to be updated from time to time between purchase of the Ticket and the ticketed Event date; and (ii) all current guidance of the Centers for Disease Control and Prevention (“CDC”) and all applicable Laws and policies of federal, state, city and local authorities (subsections (i) and (ii) are, collectively, “Health and Safety Policies”).
(c) Licensee/Holder acknowledges and understands that, if infected with any Communicable Disease (including COVID-19), Licensee/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, Licensee/Holder agrees that neither Licensee/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 Polices 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, any Communicable Disease including COVID-19).
(d) Licensee/Holder acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting Communicable Diseases (including COVID-19) in the Stadium. By using the Ticket, Licensee/Holder is acknowledging and confirming, both now and in the future, that Licensee/Holder understands and expressly assumes the risk that Licensee/Holder may be exposed to Communicable Disease (including COVID-19). Licensee/Holder expressly understands that these risks include contracting Communicable Disease (including COVID-19) and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting a Communicable Disease (including COVID-19). Licensee/Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting a Communicable Disease (including COVID-19) that it cannot be guaranteed that Licensee/Holder will not be exposed, and that as such, potential exposure to or contraction of any Communicable Disease (including COVID-19) are risks inherent in Licensee’s/Holder’s decision to use the Ticket that cannot be eliminated.
(e) LICENSEE/HOLDER, ON BEHALF OF LICENSEE/HOLDER AND THEIR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, 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 (INCLUDING FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (i) USE OF THE TICKET, (ii) PRESENCE AT THE STADIUM OR (iii) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE LICENSOR OR OTHER RELEASED PARTIES, INCLUDING THOSE CLAIMS THAT ARISE AS A RESULT OF: (A) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES AND/OR (B) THE INHERENT RISKS ASSOCIATED WITH VISITING THE STADIUM, INCLUDING (I) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF ANY COMMUNICABLE DISEASE (INCLUDING COVID-19) BY LICENSEE/HOLDER, OR OTHER INDIVIDUALS EXPOSED TO ANY COMMUNICABLE DISEASE (INCLUDING COVID-19) BY LICENSEE/HOLDER; AND (II) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY POLICIES TO LICENSEE/HOLDER.
(f) The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are 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 any Communicable Disease (including COVID-19). If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of these terms shall not be affected thereby and shall remain valid and fully enforceable.