2021 DUNEDIN BLUE JAYS TICKET TERMS & CONDITIONS
This ticket is a revocable license issued to the buyer and/or bearer (the “Holder”) by Rogers Blue Jays Baseball Partnership (the “Club”) under the terms set forth below (the “Terms”). This ticket permits the Holder to enter the publicly-accessible areas of TD Ballpark (the “Stadium”) at times determined by the Club, 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 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 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 abide by the Terms.
The Club may update the Terms at any time, without notice, and the Holder’s use of this ticket after such change is posted will mean that Holder accepts such change(s). The Holder is solely responsible for reading and understanding the Terms before using this ticket.
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 Party, consents to (a) a reasonable search of their person and belongings by the Club and/or the Stadium owner/operator (being, in the case of the Stadium, the City of Dunedin, Florida) (the “Stadium Operator”), including by use of metal detectors and/or hand wands, and (b) any security and health and safety policies and procedures of the Club and/or the Stadium Operator then in place and which are currently available at www.bluejays.com/healthandsafety. The Club and Stadium Operator reserve the right to change these security and health and safety policies and procedures without notice. Such additional policies shall be incorporated into and form part of the Terms.
The Holder acknowledges and agrees, on their own behalf and on behalf of any Accompanying Party, 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 (a) security-related purposes, and (b) 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).
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 information about 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) the Club is the exclusive owner of all copyrights and other proprietary rights in the Game and the Game Information; and (c) the Club, the opposing club, and each of their respective past, present and future affiliates, agents, officers, employees and owners (collectively, the “Authorized Entities”) will have the unrestricted right and license to use the Holder’s image, likeness, name and/or voice, and/or those of any Accompanying Party, in any live or recorded broadcast, telecast, photograph, video, audio sound, 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 any other trade or other commercial purpose without the prior written consent of the Club. The Holder, on their behalf and on behalf of any Accompanying Party, agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including, without limitation, (a) terms that mandate or prescribe the quantity of tickets available to be purchased, (b) additional requirements regarding Accompanying Parties, and (c) terms regarding the resale or transfer of tickets. The Club 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. A violation of the Terms will give the Club the right to seize the ticket, cancel the associated ticket account and/or refuse admission to and/or eject the Holder and/or any Accompanying Party, as applicable, from the Stadium, in each case, with or without refund. For certainty, it will be considered a violation of these Terms if the Holder, or any Accompanying Party: (a) is in possession of any item or object that the Club or Stadium Operator considers potentially dangerous, hazardous, inappropriate and/or injurious to other persons attending the Stadium (for certainty, such items or objects may be confiscated by the Club or Stadium Operator); (b) appears to be or is intoxicated; (c) engages in conduct deemed by the Club 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; or (d) poses a risk to the health and 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: *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, voluntarily assumes all risks and danger of any injury or other loss incidental to the sport of baseball (including injury from balls, bats or other objects projected into or within the stands), all associated activities (including pre-Game and between-inning activities and promotions) and/or their attendance at the Stadium (including the negligence or misconduct of other spectators).
WARNING – COVID-19: SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2 AND THE COVID-19 CORONAVIRUS DISEASE (INCLUDING ANY STRAINS, VARIANTS, OR MUTATIONS THEREOF) (COLLECTIVELY, “COVID-19”) ARE EXTREMELY CONTAGIOUS AND DANGEROUS AND COULD LEAD TO SEVERE ILLNESS AND/OR DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE (INCLUDING THE STADIUM) REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. NEITHER THE CLUB NOR THE STADIUM OPERATOR CAN GUARANTEE THAT THE HOLDER AND/OR ANY ACCOMPANYING PARTY WILL NOT BECOME EXPOSED TO AND/OR INFECTED WITH COVID-19, INFLUENZA OR ANY OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES (COLLECTIVELY, “COMMUNICABLE DISEASES”) DESPITE ANY SANITIZATION OR OTHER EFFORTS THAT MAY BE IMPLEMENTED IN ORDER TO MITIGATE SUCH DANGERS.
STADIUM POLICIES: The Holder, on their own behalf and on behalf of any Accompany Party, acknowledges and agrees to comply with (a) the Terms and all relevant policies and protocols of the Club and/or the Stadium Operator, including, without limitation, any policies, protocols and rules regarding security, bags, fan conduct and health and safety, currently available at www.bluejays.com/healthandsafety, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between the date purchase of this ticket and the date of the Game, and (b) all applicable laws, policies and guidance of federal, state, provincial, municipal and local authorities (including all current guidance of the Centers for Disease Control and Prevention). The Club and Stadium Operator reserve the right to change these policies, protocols and rules without notice. Such additional policies, protocols and rules shall be incorporated into and form part of the Terms.
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 Party 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 fourteen (14) 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 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.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES: The Holder, on their own behalf and on behalf of any Accompanying Party, acknowledges and expressly 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 and each Accompanying Party understands and expressly assumes the risk that the Holder and any Accompanying Party may be exposed to COVID-19 or any other Communicable Disease. The 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 any other Communicable Disease. The Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Diseases, including COVID-19, that it cannot be guaranteed that the Holder or any Accompanying Party will not be exposed, and that 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.
RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNITY
For the purposes of the following, “Releasees” means all of the following: the Club, MLB Professional Development Leagues, LLC (“MLB PDL”); MLB Advanced Media, L.P.; the Office of the Commissioner of Baseball (“BOC”); Major League Baseball Properties, Inc.; The MLB Network, LLC; each of the Major League Baseball and MLB PDL clubs (collectively, “Clubs”), Ticketmaster, L.L.C.; Ticketmaster Canada LP; the Stadium Operator; 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 (including players).
The holder, on behalf of THE holder, any accompanying party and any of their RESPECTIVE 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, waives, releases, discharges, holds harmless and covenants not to sue the Club AND THE OTHER RELEASEES 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 in any way related 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 Releasees, whether occurring before, during or after the Game, 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 Releasees, and/or (ii) the inherent risks associated with visiting the Stadium, including, without limitation (x) all claims for loss of or damage to property, personal injuries, wrongful death, or exposure to or contraction of COVID-19 or any other Communicable Disease by THE Holder, any Accompanying Party or other individuals exposed to COVID-19 or any other Communicable Disease by THE Holder or any Accompanying Party; and (y) all claims in connection with the application of any security and/or health and safety protocols and policies to THE Holder or any Accompanying Party (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 Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Terms shall not be affected thereby and shall remain valid and fully enforceable.
IF AN ACCOMPANYING PARTY ATTENDS THE GAME WITH THE HOLDER, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH ACCOMPANYING PARTY. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH ACCOMPANYING PARTY, THAT ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE STADIUM.
Holder will indemnify, defend and hold harmless the Releasees 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 in any way related to (a) the Released Claims, (b) the Holder’s and/or any Accompanying Party’s acts or omissions, and/or (c) the failure of the Holder or of any Accompanying Party to comply with 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 RELEASEE, WHETHER ACTIVE OR PASSIVE, STRICT LIABILITY, LATENT, PATENT, OR PRE-EXISTING DEFECTS OR CONDITIONS.
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 cLUB and the hOLDER AND/or the accompanying party, as applicable. 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 Club 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 will be automatically refunded for the amount paid on account of this ticket in as soon as sixty (60) days from the Game date. 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 the Club must seek any exchange or refund from that same source.
For more information, call the Club’s ticket office in Dunedin, Florida at (727) 733-0429.
© 2021 Rogers Blue Jays Baseball Partnership