2022 DUNEDIN BLUE JAYS TICKET
TERMS AND CONDITIONS
This ticket is a revocable license issued to the buyer and/or bearer (the “Holder”) by Rogers Blue Jays Baseball Partnership (“RBJBP”) under the following terms and conditions (the “Terms”). This ticket permits the Holder to enter the publicly-accessible areas of TD Ballpark (together with the surrounding grounds and parking areas, the “Stadium”) at times determined by RBJBP, attend the Dunedin Blue Jays regular season home game identified on the ticket (the “Game”) and sit in the seat location identified on the ticket within the Stadium.
By using this ticket, the Holder, on their own behalf and on behalf of any minor or other accompanying party for whom the Holder retains a ticket to attend the Game with the Holder (each of whom the Holder represents have authorized the Holder to act on their behalf in accepting the Terms) (any such minor and/or other accompanying party being referred to herein as an “Accompanying Party”) accepts and agrees to the Terms. RBJBP may update the Terms at any time, without notice, and the Holder’s use of this ticket after any such updated Terms are posted at https://www.milb.com/dunedin/tickets/ticketback will mean that the Holder accepts such updated Terms. The Holder is solely responsible for reading and understanding the Terms before using a Game ticket.
The Holder acknowledges and agrees that each individual wishing to enter the Stadium for the purposes of observing the Game must hold and present their own individual ticket upon entry. The Holder agrees to transfer any individual ticket(s) that they are holding on behalf of any other individual(s) (including any Accompanying Party) to such individual(s) prior to entry.
ENTERING THE STADIUM AND STADIUM SECURITY
This ticket must be produced upon entry to the Stadium and upon request anytime thereafter to confirm its validity and the Holder’s right to access the Stadium and/or its seating/suite areas during Game periods. No re-entry into the Stadium will be permitted. No alcohol, illegal drugs, chemicals, bottles, cans, weapons, bags, knapsacks or hard-sided coolers or briefcases will be permitted into the Stadium. By seeking entry to the Stadium, the Holder, on their own behalf and on behalf of any Accompanying Parties:
(a) consents to security searches, screenings, and/or inspections of the Holder’s and/or any Accompanying Parties’ person, bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise by RBJBP or the Stadium owner/operator (being the City of Dunedin, Florida) (the “Stadium Operator”);
(b) acknowledges and agrees to comply with (i) all relevant policies and protocols of RBJBP and/or the Stadium Operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct, and health and safety, including those available at https://www.milb.com/dunedin/ballpark/TDBallpark and any Stadium rules, code of conduct, and standards of conduct in place from time to time (each, an “Applicable Policy” and collectively, the “Applicable Policies”), and 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. For certainty, Applicable Policies may include, but are not limited to, the requirement for the Holder and each Accompanying Party to present proof of full COVID-19 vaccination, to present a negative COVID-19 test result, to wear face coverings while at the Stadium and/or to undergo symptom screening prior to entering the Stadium; and (ii) all applicable laws, policies, and guidance of federal, state, municipal and local authorities (including all current guidance of the Centers for Disease Control and Prevention);
(c) acknowledges and agrees that RBJBP and the Stadium Operator have no liability for the Holder’s and/or any Accompanying Parties’ person or property; and
(d) acknowledges and agrees that while inside and/or in the vicinity of the Stadium, the Holder’s image and location information, and that of any Accompanying Party, may be recorded by in-Stadium cameras and video surveillance (including broadcast cameras used in connection with television and other broadcasts of the Game), access control scanners, and other systems and technologies in use from time to time and that such recordings and information may be stored and used for security-related purposes and other reasonable purposes related to the Game (e.g. video recordings of fans in Stadium seating may appear in Game broadcasts and/or on the Stadium’s public video display boards).
RBJBP and the Stadium Operator reserve the right to change any of the foregoing referenced policies and procedures without notice. Such additional policies shall be incorporated into and form part of the Terms.
GAME INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
The Holder agrees, on their own behalf and on behalf of any Accompanying Party, that: (a) they 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, including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Game (collectively, the “Game Information”); (b) RBJBP is the exclusive owner of all copyrights and other proprietary rights in the Game and the Game Information; and (c) RBJBP, the opposing Minor League Baseball club, and each of their respective past, present and future affiliates, agents, directors, officers, employees and owners (collectively, the “Authorized Entities”) will have the unrestricted right and license to use the Holder’s or any Accompanying Party’s image, likeness, name, voice, comments and/or other proprietary information 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. The rights granted herein to the Authorized Entities are assignable.
RESTRICTIONS ON TICKETS AND ADDITIONAL TICKET POLICIES
The Game date and time shown on this ticket is subject to change. Any sale, resale, assignment or transfer of this ticket, or any of the rights evidenced thereby, in any manner contrary to applicable law or regulation, as well as any attempt at any of the foregoing, is strictly prohibited. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit and may not be honored. This ticket may not be used for advertising, promotion (including contests, giveaways and sweepstakes) or other trade or other commercial purposes without the prior written consent of RBJBP.
The Holder, on their behalf and on behalf of any Accompanying Parties, further agrees to comply with all terms and conditions presented at the time of purchase or prior to the date of the Game not specifically enumerated herein, including, without limitation, (a) terms that mandate or prescribe the quantity of tickets available to be purchased, (b) additional requirements regarding Accompanying Parties, and (c) terms, limitations, restrictions, or prohibitions regarding the resale or transfer of tickets. RBJBP reserves the right to change these additional terms and conditions without notice. Such additional terms and conditions shall be incorporated into and form part of the Terms.
VIOLATION OF TERMS
*The Holder is responsible for any violation of the Terms either by the Holder or by any Accompanying Party. RBJBP reserves the right, without refund of any portion of the purchase price, to seize the ticket, cancel the associated ticket account and/or refuse admission to and/or eject from the Stadium the Holder and/or any Accompanying Parties if any such person: (a) violates the Terms, including without limitation, any Applicable Policies; (b) is in possession of any item or object that RBJBP and/or the Stadium Operator consider potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items or objects may be confiscated; (c) appears to be or is intoxicated; (d) engages in conduct deemed by RBJBP and/or the Stadium Operator to be improper, disorderly, unbecoming, abusive, illegal or objectionable, or might otherwise interfere with the Game, any ancillary activities, or the reasonable enjoyment of others; (e) uses vulgar or abusive language; or (f) poses a risk to the health or safety of others. The Holder acknowledges that damages may not be an adequate remedy for breach of the Terms and consents to injunctive or other relief which may be sought to enforce same. *
WARNINGS AND ASSUMPTION OF RISK
WARNING – STAY ALERT: PRIOR TO, DURING AND FOLLOWING THE GAME, BASEBALLS, BATS, BAT FRAGMENTS AND OTHER OBJECTS MAY BE THROWN OR HIT INTO THE STANDS. PLEASE STAY ALERT AND BE AWARE OF YOUR SURROUNDINGS. IF YOU ARE CONCERNED WITH YOUR SEAT LOCATION PLEASE CONTACT ANY CUSTOMER SERVICE REPRESENTATIVE FOR AN ALTERNATE SEAT LOCATION, SUBJECT TO AVAILABILITY.
GENERAL ASSUMPTION OF RISK: The Holder recognizes that attendance of the Holder and any Accompanying Parties at the Stadium for the Game is voluntary and may result in personal injury (including death), illness and/or property damage. By using this ticket, by attending or observing the Game, or by attending, observing or participating in any attractions offered in connection with the Game (including, without limitation, warm-ups, practices, and pre-game, post-game or between-inning activities, promotions or competitions), the Holder, on their own behalf and on behalf of any Accompanying Parties, acknowledges and voluntarily assumes all risks and dangers associated with: (a) being a spectator before, during and after a baseball game (including, all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions) and (b) attending or observing the Game, in each case, whether any such risk or damage occurs prior to, during, or subsequent thereto, including specifically (but not exclusively) the danger of being injured by thrown bats; bat fragments; thrown or batted balls; thrown, dropped or launched items; projectiles; persons; animals, other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators. The Holder, on their own behalf and on behalf of any Accompanying Parties, agrees that the Released Entities (as defined at the conclusion of this paragraph) will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered as a result of (X) the Holder’s or any Accompanying Parties’ participation in, attendance at, and/or observation of the Game and/or (Y) the sole, joint or comparative negligence, or strict liability, of the Released Entities (collectively, “Spectator Claims”). “Released Entities” are: (i) RBJBP and the Stadium Operator; (ii) MLB Advanced Media, L.P., the Office of the Commissioner of Baseball, MLB Professional Development Leagues, LLC (“MLB PDL”), Major League Baseball Properties, Inc., The MLB Network, LLC, each of the Major League Baseball and MLB PDL clubs, and all other Major League Baseball related entities; (iii) Ticketmaster, L.L.C. and Ticketmaster Canada LP, and (iv) all past, present, and future corporate affiliates, successors, assigns, players, managers coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities.
WARNING – COVID-19: COVID-19 (AS DEFINED AT THE CONCLUSION OF THIS PARAGRAPH) IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE (INCLUDING THE STADIUM) REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. RBJBP AND THE STADIUM OPERATOR CANNOT GUARANTEE THAT THE HOLDER AND/OR ANY ACCOMPANYING PARTY WILL NOT BECOME EXPOSED TO AND/OR INFECTED WITH COVID-19 OR ANY OTHER COMMUNICABLE DISEASE (AS DEFINED AT THE CONCLUSION OF THIS PARAGRAPH) DESPITE ANY SANITIZATION OR OTHER EFFORTS THAT MAY BE IMPLEMENTED IN ORDER TO MITIGATE SUCH DANGERS. THE HOLDER, ON THEIR OWN BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES AGREES TO (A) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES AND (B) COMPLY WITH ALL RELATED SECURITY AND HEALTH & SAFETY POLICIES OF RBJBP AND THE STADIUM OPERATOR.
“COVID-19” as used herein, means severe acute respiratory coronavirus 2, the COVID-19 coronavirus disease, and any strains, variants or mutations thereof.
“Communicable Disease” as used herein, means COVID-19 and/or any other airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
FAN HEALTH PROMISE: The Holder acknowledges and understands that, if infected with COVID-19 or any other Communicable Disease, the 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, the Holder agrees that neither the Holder nor any Accompanying Party will attend the Game or the Stadium if, within ten (10) days preceding the Game, they have (a) tested positive or presumptively positive for COVID-19 or any other Communicable Disease or been identified as a potential carrier of COVID-19 or any other Communicable Disease; (b) experienced any symptoms commonly associated with COVID-19 or any other Communicable Disease; or (c) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or any other Communicable Disease. The Holder will not use this ticket or knowingly allow an Accompanying Party or any other person to use this ticket or any ticket retained for an Accompanying Party if either of them is required and/or advised (whether pursuant to applicable law or guidance of public health authorities) to self-isolate, quarantine or otherwise refrain from attending at public gathering places. 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 transmissiblecommunicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES: The Holder, on their own behalf and on behalf of any Accompanying Parties, acknowledges, and expressly and voluntarily assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or any other Communicable Disease in the Stadium and in transit to or from the Stadium. By using this ticket, by attending or observing the Game, or by attending, observing or participating in any attractions offered in connection with the Game, the Holder, on their own behalf and on behalf of any Accompanying Party is acknowledging and confirming, both now and in the future, that the Holder understands and expressly assumes the risk that the Holder and/or any Accompanying Parties may be exposed to COVID-19 or other Communicable Diseases. The Holder expressly understands that these risks include contracting COVID-19 or other Communicable Diseases and the associated dangers, medical complications, and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or any other Communicable Disease. The Holder further acknowledges and understands, on their own behalf and on behalf of any Accompanying Parties, that any interaction with the general public poses an inherent risk of being exposed to and contracting a Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that the Holder and/or any Accompanying Parties will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or any other Communicable Disease are risks inherent in the Holder’s decision to use this ticket and attend the Stadium that cannot be eliminated.
GENERAL RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNITY
THE HOLDER, ON THEIR OWN BEHALF AND ON BEHALF OF (X) ANY ACCOMPANYING PARTIES and (Y) any of the HOLDER’S OR ANY ACCOMPANYING PARTIES’ personal representatives, assigns, heirs, next of kin and/OR any other person or entity that may be entitled to make a claim on the holder’s OR accompanying party’s behalf, HEREBY waives, releases, discharges, holds harmless and covenants not to sue THE RELEASED ENTITIES with respect to any claim, liability or demand of whatever kind or nature, either in law or in equity, that may arise in connection with or RELATE in any way to (a) use of this ticket, (b) presence at the stadium, or (c) observing or participating in the Game or any related activities arranged, promoted and/or sponsored by the ReleaseD ENTITIES, including, without limitation, those claims that arise as a result of: (i) in whole or in part, the sole, joint, or comparative negligence, or strict liability, of the ReleaseD ENTITIES, and/or (ii) the inherent risks associated with visiting the Stadium, including, without limitatioN (W) ALL SPECTATOR CLAIMS; (x) all claims for personal injuries, wrongful death, or exposure to or contraction of COVID-19 or any other Communicable Disease by THE Holder, any Accompanying PartIES or other individuals exposed to COVID-19 or any other Communicable Disease by THE Holder or any Accompanying Party; (y) all claims in connection with ANY SECURITY SEARCHES OR SCREENINGS OF THE HOLDER AND/oR ANY ACCOMPANYING PARTIES, OR THE APPLICATION OF THE APPLICABLE POLICIES (INCLUDING ANY HEALTH AND SAFETY PROTOCOLS) TO THE HOLDER AND/OR any Accompanying PartIES; AND/OR (Z) ALL CLAIMS FOR INVASION OR 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 THE HOLDER OR ANY ACCOMPANYING PARTIES FROM THE GAME APPEAR (COLLEcTIVELY, the “Released Claims”).
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 any other Communicable Diseases. If any part hereof is held to be invalid or legally unenforceable for any reason (the “Affected Provision”), the remainder of the Terms shall not be affected thereby and shall remain valid and fully enforceable and the Affected Provision shall be enforced to the maximum extent permitted by law.
IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE GAME WITH THE HOLDER, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) SUCH OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF THE HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (I) SUCH MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE STADIUM WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE STADIUM.
The Holder will indemnify, defend and hold harmless the Released Entities from and against any and all claims, demands, obligations, causes of action, lawsuits, proceedings, damages, liabilities, judgments, fines, losses, costs and expenses (including reasonable attorneys’ fees, disbursements and other legal costs), arising out of, incidental to, or related in any way to (i) the Released Claims, (ii) the Holder’s and/or any Accompanying Parties’ acts or omissions, and/or (c) Holder’s breach of any of the Terms.
HOLDER AGREES THAT THE INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED HEREIN ARE WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OF ANY RELEASED ENTITY, WHETHER ACTIVE OR PASSIVE, STRICT LIABILITY, LATENT, PATENT, OR PRE-EXISTING DEFECTS OR CONDITIONS, AND INCLUDING ANY CLAIMS ARISING OUT OF INGRESS, EGRESS, LOADING AND UNLOADING OF PERSONNEL OR CARGO.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, ANY DISPUTE, CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS, INCLUDING, BUT NOT LIMITED TO, THE HOLDER’S OR ANY ACCOMPANYING PARTY’S ATTENDANCE AT THE GAME, SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION BY A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY THE HOLDER AND/OR THE ACCOMPANYING PARTY, AS APPLICABLE, AND THE APPLICABLE RELEASED ENTITIES. IF THE HOLDER’S OR AN ACCOMPANYING PARTY’S, AS APPLICABLE, PRIMARY PLACE OF RESIDENCE IS IN THE STATE OF FLORIDA, THEN THE PLACE OF ARBITRATION SHALL BE THE CITY OF DUNEDIN OR THE CITY OF CLEARWATER, FLORIDA AND THE ARBITRATION WILL BE CONDUCTED PURSUANT TO THE REVISED FLORIDA ARBITRATION CODE, CHAPTER 682, FLORIDA STATUTES. IF THE HOLDER’S OR AN ACCOMPANYING PARTY’S, AS APPLICABLE, PRIMARY PLACE OF RESIDENCE IS ANYWHERE OTHER THAN IN THE STATE OF FLORIDA, THEN THE PLACE OF ARBITRATION SHALL BE TORONTO, ONTARIO, CANADA AND THE ARBITRATION WILL BE CONDUCTED PURSUANT TO THE ARBITRATION ACT, 1991 (ONTARIO). EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULTS OF ANY ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES. NEITHER THE HOLDER, THE ACCOMPANYING PARTY, AS APPLICABLE, NOR THE APPLICABLE RELEASED ENTITIES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY REMEDIES UNDER APPLICABLE LAW. ANY AWARD, AND ANY JUDGMENT CONFIRMING IT, APPLIES ONLY TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
If the Holder’s or an Accompanying Party’s, as applicable, primary place of residence is in the State of Florida, then the Terms will be governed exclusively by the laws of that state and the federal laws of the United States of America applicable therein, and, subject to the requirement to settle any dispute, claim or cause of action arising out of or in any way related to the Terms by way of mandatory arbitration described above, the exclusive venue for any disputes related to the Terms or the use of this ticket, including the Holder’s or any Accompanying Party’s attendance at the Stadium, will be the courts of the State of Florida, located in Pinellas County, Florida (for state court claims) or the Middle District in Hillsborough County, Florida (for federal court claims). If the Holder’s or an Accompanying Party’s, as applicable, primary place of residence is anywhere other than in the State of Florida, then the Terms will be governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and, subject to the requirement to settle any dispute, claim or cause of action arising out of or in any way related to the Terms by way of mandatory arbitration described above, the exclusive venue for any disputes arising related to the Terms or the use of this ticket, will be the courts of the Province of Ontario, located in the city of Toronto.
RESCHEDULED AND CANCELLED GAME POLICY
This ticket bears no cash value. In the event that a Game is not played on the date specified on the ticket or does not progress to or beyond the point of play constituting a regulation game, then the ticket will be valid for the date upon which such game is rescheduled and should be retained by the Holder. In the event that such game is not rescheduled, then the original purchaser of this ticket may (a) exchange the ticket for a same-priced or lower-priced ticket for any 2022 Dunedin Blue Jays regular season home game, subject to availability or (b) request to be refunded for the amount paid on account of this ticket in as soon as sixty (60) days from the request. Any refund will be processed via the same pay method. No credits will be issued.
For greater certainty, refunds will NOT be issued to the Holder or Accompanying Party merely upon presentation of this ticket and anyone who purchased this ticket from a source other than RBJBP must seek any exchange or refund from that same source.
For more information, call RBJBP’s training ticket office at (727) 733-0429.
© 2022 Rogers Blue Jays Baseball Partnership