This ticket solely licenses its holder, on their own behalf and on behalf of any accompanying minor(s), (collectively "Holder") to use the specified seat or standing room at the specified game (the "Game") at BayCare Ballpark (together with surrounding areas, including parking lots, the "Ballpark"), subject to the following agreements and conditions, the violation of which will result in its termination without refund and Holder's removal from the premises, in addition to any other civil and criminal remedies.
By use of this ticket, Holder agrees that:
- Holder will comply with all applicable requirements of law and the rules and regulations of Phillies Florida LLC, The Phillies, Major League Baseball ("MLB") and Minor League Baseball ("MiLB"). Holder may not enter the playing field or non-public areas of the Ballpark.
- Holder assumes all risk incident to attending a baseball game, whether occurring before, during or after the game (including without limitation from thrown or batted balls, thrown bats or fragments thereof and spectators' conduct). This assumption of risk is in addition to and separate from the assumption of risk set forth below in the section titled "Assumption of Risk Related to COVID-19 and Other Communicable Diseases."
- Holder will not transmit or aid in transmitting by any means any information about the Game, including but not limited to any account, description, picture, video, audio, reproduction or other information concerning the Game; Holder's name, likeness and voice may be used in any broadcast, photograph and/or video and/or audio sound recording created in connection with the game for all purposes; and Phillies Florida LLC or The Phillies is the exclusive owner of all copyrights and other proprietary rights in the Game and in such Game information.
- Tickets obtained from unauthorized sources may be invalid, lost, stolen or counterfeit and if so are void. Unlawful sale or attempted sale is prohibited.
- This ticket may not be used for advertising, promotion (including contests and sweepstakes) or other trade or commercial purposes without the express written consent of The Phillies or Phillies Florida LLC as applicable.
- Additionally, the license granted by this ticket may be terminated by tendering the purchase price of this ticket to Holder.
THE LICENSE GRANTED BY THIS TICKET SHALL BE GOVERNED BY FLORIDA LAW (EXCEPT THAT THE FOLLOWING ARBITRATION CLAUSE SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT) AND ANY DISPUTE, CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE GAME SHALL BE SETTLED BY CONFIDENTIAL, MANDATORY, FINAL AND BINDING ARBITRATION HELD IN CLEARWATER AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (INCLUDING THE CONSUMER ARBITRATION RULES, IF APPLICABLE). ANY AND ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY AND SHALL NOT BE ARBITRATED AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY OR CONSOLIDATED OR JOINED WITH OR IN ANY ARBITRATION OR OTHER PROCEEDING INVOLVING A CLAIM OF ANY OTHER PARTY. THE LICENSEE, PHILLIES FLORIDA LLC AND THE PHILLIES WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL.
RAINOUT TICKET POLICY
If a game that is legal under MLB rules is not played starting on the date shown because of a rainout, the following will apply:
If the cancelled game is either not rescheduled or is rescheduled with an existing game to create a double header, the Holder of this rain check (original ticket) is to receive an available ticket of equal or lesser value to a later game, upon presentation hereof, with seat coupon attached, at the box office before the first game of next year's Spring Training; otherwise this rain check is void and its value will remain in the property of Phillies Florida LLC. This rain check (original ticket) is void after one legal game of a doubleheader is played.
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 (AS DEFINED BELOW), 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 PHILLIES AND PHILLIES FLORIDA LLC.
Holder, on their behalf and on behalf of any accompanying party for whom Holder retains a ticket to attend the Game with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms) (“Accompanying Party”), acknowledges and agrees to comply with (1) all relevant policies and protocols issued by The Phillies and Phillies Florida LLC, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at phillies.com/fanhealth, 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 Game 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.
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 Game if within fourteen (14) days preceding the Game, 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 airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
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.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Ballpark. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND HOLDER’S AND ANY ACCOMPANYING PARTY’S PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON HOLDER’S OR ANY ACCOMPANYING PARTY’S BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE PHILLIES, PHILLIES FLORIDA LLC, THE CITY OF CLEARWATER, FLORIDA, THE OTHER MAJOR LEAGUE BASEBALL CLUBS (“CLUBS”), MLB ADVANCED MEDIA, L.P., THE OFFICE OF THE COMMISSIONER OF BASEBALL (“BOC”), MAJOR LEAGUE BASEBALL PROPERTIES, INC., THE MLB NETWORK, LLC, MLB PROFESSIONAL DEVELOPMENT LEAGUES 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 ARE RELATED IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE GAME 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.
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 this agreement shall not be affected thereby and shall remain valid and fully enforceable.