This Ticket Agreement (the "Agreement") is entered into between the purchaser of the ticket(s) ("Account Holder") and Pittsburgh Associates of Florida, LLC ("Marauders" or "Club") (collectively the "Parties"). In consideration of the promises and mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, Account Holder, on their own behalf and on behalf of any accompanying minor(s) and any other accompanying party for whom Account Holder retains a ticket to attend the game with Account Holder (each of whom Account Holder represents have authorized Account Holder to act on their behalf in accepting the applicable Agreement terms) (together with accompanying minor(s), “Accompanying Party”) and Club agree as follows:
1. Account Holder hereby agrees to purchase one or more tickets to a designated number of individual Bradenton Marauders games (each, an “Event”). Each individual game ticket is a limited, revocable license issued by the Marauders to attend the baseball game listed on the applicable ticket.
2. All sales are final and no refunds or exchanges will be made, except as expressly provided in this Agreement. The Marauders reserve the right to set a limit on how many season tickets an Account Holder may purchase.
3. The terms and conditions applicable to the Account include those provided:
(a) in this Agreement;
(b) on each individual game ticket (which are incorporated by reference in this Agreement);
(d) on any signage in LECOM Park; and
(e) orally or in writing by authorized team or stadium personnel.
The Marauders reserve the right to amend or supplement the terms and conditions contained in this Agreement at any time. The Marauders may amend or supplement either by providing written notice to Account Holder or by posting information about, and/or revisions or amendments to the terms and conditions online at www.bradentonmarauders.com/ticketback. It is the responsibility of Account Holder to read and comply with all updated terms and conditions at all times. The Marauders are not responsible for problems, losses or inconveniences experienced because Account Holder did not read information regarding the Account or this Agreement or because the information was mailed to a former or incorrect physical or e-mail address.
4. The Marauders reserve the right to revoke or terminate the license granted to an Account through this Agreement or granted through an individual ticket without any refund or compensation if, in the Marauders' sole discretion, an Account Holder or an individual ticket holder violates any of the applicable terms and conditions explained herein or otherwise acts in any manner that could negatively affect the experience of any other persons within LECOM Park.
5. Marauders tickets are not transferrable. This Agreement, the Account, and any rights Account Holder may have hereunder shall not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Account Holder to any other person or entity without express written consent from the Marauders. In the event of any purported transfer, offer of transfer, or attempted transfer, the Marauders have the right, but not the obligation, to terminate this Agreement and the Account by providing written notice to Account Holder and tendering the remaining pro rata portion of the amount paid by Account Holder within a reasonable time after providing such notice. Only the Account Holder of record is allowed to make any changes to the Account. Account Holders should contact the Marauders by mail or phone if contact information changes. The Marauders reserve the right to require an Account Holder to provide proof of identity and authorization to act before making any Account changes.
6. The Parties agree that it is a material breach of this Agreement for Account Holder to (or attempt to) sell, trade, forward, or otherwise transfer Account tickets to a third party ticket broker, agency, or individual who purchases, sells, and/or otherwise transfers game tickets without the express written consent of the Marauders.
7. In the event of a material breach of this Agreement by Account Holder, the Marauders shall have the right, but not the obligation, to terminate the Account. In the event that the Marauders terminate the account under this paragraph, Account Holder agrees to pay the Marauders liquidated damages in an amount equal to any balance remaining on the Invoice for the Account at the time of termination.
8. The Marauders may provide an electronic ticket resale and/or transfer system (the "System"). Any and all use of the System is subject to the terms and conditions associated with the Account and with accessing said System. The Marauders reserve the right to suspend, modify, replace and/or cancel the System at any time in their sole discretion. The Marauders reserve the right to disengage Account Holder's access to electronically post for sale and forward tickets or revoke Account Holder's Account if the Account and/or System Terms & Conditions are violated.
9. Absent express, written consent from the Marauders, the Account and tickets obtained by the Account Holder shall not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes.
10. Tickets plans do not confer any ownership or leasehold rights on Account Holder. Ticket plans are offered on a single-season basis only. The purchase of season tickets for the current season does not entitle an Account Holder to purchase season tickets or to have tickets for a particular seat or seating area in any subsequent year. Ticket sales in future seasons are subject to any changes, limitations and/or deadlines that have been or may be imposed by the Marauders. In particular, the Marauders expressly reserve the right to:
(a) change season ticket policies and prices at any time and for any reason;
(b) apply components of season ticket purchases, such as policies, prices, or Benefits, differently to different persons or entities, including without limitation persons who are engaged in reselling tickets (whether licensed to do so or not);
(c) charge an administrative fee in connection with any reissuance of tickets that are lost or stolen or any approved correction or change to Account information; or
(d) refuse to sell future season tickets to any individual or entity, including, but not limited to, individuals or entities who:
i. fail to comply with any applicable payment deadline or other condition or restriction;
ii. resell tickets to third parties (whether licensed to do so or not); or
iii. engage in, or permit the use of their tickets by any person who engages in, conduct prohibited by team or stadium policies, including without limitation the Guest Conduct standards posted online www.bradentonmarauders.com/ticketback
11. If the Marauders are authorized by Major League Baseball to issue Post-Season tickets, Account Holder may be entitled to purchase one ticket for every possible Post-Season game for each seat held in the account. Account Holder may not resell any Post-Season tickets for a premium in excess of any amount allowed by federal, state or local law. If Account Holder sells or offers to sell any Post-Season tickets at or near LECOM Park, he or she will be removed from the premises and prosecuted, and could lose future rights to purchase tickets from the Marauders. Post-Season tickets may be subject to additional terms and conditions. The Marauders reserve the right to offer Account Holder relocated seats for Post-Season games. To the extent that any Post-Season games purchased by an Account Holder are not played, Account Holder may be offered the opportunity to seek a refund of amounts paid for unplayed Post-Season games, less any applicable service charges or fees, or to request that amounts paid for unplayed Post-Season games be applied to future ticket charges. In the event that an Account Holder opts to have such amounts applied to future ticket charges, however, such decision does not automatically confer any right on the Account Holder to purchase tickets in the future, including without limitation, season tickets. The Marauders reserve the right to refund any amounts paid for unplayed Post-Season games to Account Holder, without interest or damages of any kind, in the event that the Marauders determine, in their sole discretion, not to grant Account Holder a license to purchase tickets in the future.
12. Certain Account Holders may be eligible to receive benefits, experiences and discounts ("Benefits") in addition to their game tickets at no additional charge. The Marauders have sole discretion to determine which Account Holders qualify for such benefits. Benefits may be modified, revoked or terminated by the Marauders, as to an individual Account Holder or all Account Holders, at any time and for any reason, without compensation or damages of any kind. Account Holders that resell more than 50% of the tickets purchased through their Account may not be eligible for any Benefits.
13. The Marauders are not responsible for lost tickets, stolen tickets, or tickets left at another location. Tickets may be replaced at the sole discretion of the Marauders and the Marauders may impose an additional cost on replacement tickets in their sole discretion. Stolen season tickets will be replaced only upon written request made by the Account Holder, accompanied with a police report identifying the theft of the tickets. In the event the Marauders replace any ticket, the replacement ticket will be honored over the original ticket in all cases and the original ticket will be null and void.
14. Account Holder hereby gives permission to the Marauders to contact Account Holder about Account Holder's tickets and other commercial opportunities via mail, email, phone, or text message. Account Holder may revoke this authorization at any time emailing such request to [email protected]
15. Account Holder and Account Holders' guests grant the Marauders and Major League Baseball (and their current and future sponsors, licensees, designees, and agents) the unrestricted right and license to use Account Holder's and Account Holder's guests' 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 a game or other transmission, distribution, public performance, or reproduction in whole or in part of a game, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation or further authorization.
PAYMENT AUTHORIZATION: In the event Account Holder elects to pay for his/her season ticket package in multiple installments as offered by the Marauders, Account Holder is required to provide a form of payment at the time that payments are initially due under this Agreement that will be used for any future payments due under the terms of this Agreement. Account Holder hereby agrees and authorizes the Marauders, or their agents, service providers and successors or assigns, to charge the identified form of payment (or any subsequent debit or credit card(s) Account Holder provides to the Marauders) in the amounts and on the dates set forth on Account Holder's season ticket invoice. You may revoke this payment authorization by emailing [email protected] in such time and manner as to afford the Marauders a reasonable opportunity to act upon your request. If Account Holder revokes this authorization, Account Holder will still be responsible for paying all amounts owed under the terms of this Agreement. If any payment subject to this Agreement is returned unpaid, Account Holder authorizes the Marauders to resubmit a charge up to two additional times (or any greater number permitted by law) and/or cancel your Account immediately. Account Holder understands that its bank may charge a fee if a payment is returned for insufficient funds, and that the Marauders will have no liability for any such fee.
COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses: 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 REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUB AND THE BALLPARK OWNER/OPERATOR.
Account Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Club and/or the Ballpark owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at https://www.milb.com/bradenton/ballpark/information 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 (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
18. 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:
(1) 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
(2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(3) 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 communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
19. Resale Terms and Pod Integrity: 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 (1) terms that mandate or prescribe the quantity of tickets available to be purchased, (2) additional requirements regarding Accompanying Parties, and (3) terms regarding the resale or transfer of tickets.
20. Assumption of Risk and Release of Liability: By attending any Pittsburgh Marauders baseball game, the Account Holder (individually and on behalf of any Accompanying Party) and any accompanying ticket holders assumes all risk, hazard and danger associated with, (i) being a spectator before, during, and after the baseball game (including all warm-ups, practices, pre-game, post-game and between-inning or intermission activities, promotions and competitions) and/or (ii) attending, observing or participating in the game or game events, in each case, whether any such risk, hazard and/or danger occurs prior to, during or subsequent thereto, including but not limited to 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, accidents or illness associated with crowds of people or the actions, negligence or misconduct of other spectators. By attending the baseball game, Account Holder and any accompanying ticket holders further acknowledges that his/her attendance at the baseball game and all game events are voluntary.
Account Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in LECOM Park and surrounding areas, including parking lots (the “Ballpark”). By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, 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 CLUB, LECOM PARK, THE CITY OF BRADENTON, MLB PROFESSIONAL DEVELOPMENT LEAGUES LLC, the other Major League Baseball AND MINOR LEAGUE BASEBALL Clubs (“clubs”), MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), Major League Baseball Properties, Inc., The MLB Network, LLC, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the “RELEASED PARTIES”) WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY.
HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.
21. In consideration for being allowed to purchase a season ticket plan, Account Holder agrees that ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THE PURCHASE, SALE OR USE OF PIRATES TICKETS OR ATTENDANCE AT PIRATES GAMES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION before a single arbitrator appointed by JAMS in accordance with its then governing comprehensive arbitration rules and procedures. Account Holder and the Marauders WAIVE ALL RIGHTS TO A TRIAL BY JURY in any action or proceeding involving any claim. Any claim arising under this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. The arbitration shall be held in Allegheny County, Pennsylvania, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Account Holder and the Marauders agree that the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Pennsylvania, provided that: (1) the arbitrator shall not have authority to award consequential damages (regardless of foreseeability) or punitive damages; and (2) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act.
22. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by any arbiter or court of competent jurisdiction, then such provision shall be deemed to be ineffective to the extent of such invalidity, illegality, or unenforceability without invalidating or rendering unenforceable the remaining provisions of the Agreement.
23. The Marauders may terminate this Agreement at any time upon providing written notification to Account Holder. In the event of termination, the Marauders shall refund the pro rata portion of the license fee for the remaining home games in the term to the Account Holder within a reasonable time, unless termination is the result of Account Holder's material breach of the terms and conditions explained herein, in which case Account Holder shall not be entitled to any refund, future credit, or damages of any kind.
24. By tendering a payment to the Marauders, creating the Account, accepting tickets, or redeeming any tickets for admission to any game, Account Holder expressly agrees to be bound by these terms and conditions.