· If your mobile ticket states “COMPLIMENTARY” or “COMP” then there are no rain check privileges.
· If your mobile ticket states “FUNDRAISER” then a portion of the price of this ticket goes to the sponsoring organization, and the balance is paid to the Gwinnett Stripers. The exchange or rain check value of this ticket is face value minus the fundraiser amount that is stated.
The holder of this ticket is admitted on the following conditions: By use of this ticket, the ticket holder (“Ticket Holder”), on his/her own behalf, and on behalf of any accompanying minor (“Minor(s)”) for whom Ticket Holder retains a ticket to attend the game or event governed by these applicable terms for which the ticket grants admission (“Event”) (each of Ticket Holder and any Minor(s) are collectively referred to herein as the “Holder”), acknowledges and agrees to the following terms and conditions of this ticket agreement herein (“Agreement”): (a) this ticket is a non-transferable revocable license and Atlanta National League Baseball Club, LLC d/b/a Gwinnett Stripers (“ANLBC” or “Club”) reserves the right to revoke such license, in its sole discretion, at any time and for any reason; (b) Holder shall not transmit nor aid in transmitting any information about the Event, including, but not limited to, 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 Event, without the express written consent of ANLBC; (c) ANLBC is the exclusive owner of all copyrights and other proprietary rights in the Event and Event information; (d) by tendering this ticket to enter the Gwinnett Stripers’ (“Stripers”) ballpark facility and surrounding areas, including parking lots (“Ballpark”), Holder hereby consents to security screening, whether by walk-through metal detection, handheld metal detection, bag checks, temperature checks, or otherwise, and Holder hereby acknowledges and agrees that the Released Parties (defined below) assume no liability to Holder’s person or property as a result of any such security screening; and (e) the Released Parties shall have the unrestricted right and license to use Holder’s name, image, and/or likeness taken at or around the Ballpark as included in any broadcast, telecast, photograph, or in any other medium whether now known or hereafter devised. ANLBC reserves the right to terminate the license granted by this ticket by tendering to the Holder the purchase price of this ticket. Further, ANLBC reserves the right, without refund of any portion of the purchase price, to terminate the license granted by this ticket and refuse admission to or eject Holder if Holder violates the terms of this Agreement or the Ballpark’s rules and regulations as set forth at the Ballpark and on https://www.milb.com/gwinnett/ballpark/guide, as may be amended from time to time. This ticket may not be used for advertising, promotions (including sweepstakes or contests), giveaways, gambling or gaming activities, and/or other trade purposes without the express prior consent of ANLBC. Holder, on their behalf and on behalf of any other accompanying party for whom Ticket Holder retains a ticket to attend the Event with Ticket Holder (each of whom Ticket Holder represents have authorized Ticket Holder to act on his/her behalf in accepting the applicable ticket terms) (“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, which include that this ticket must not be resold or offered for resale in any manner not authorized by ANLBC, nor may it be resold or offered for resale in any manner at a price in violation of any federal, state, city, or local law or regulation. Use of this ticket in violation of any law is strictly prohibited and will result in seizure, revocation, and/or forfeiture of this license without refund.
ASSUMPTION OF RISK RELATED TO PERSONAL INJURY AND/OR PROPERTY DAMAGE
Holder acknowledges and agrees that the Event involves risk of bodily injury, sickness, death, and/or stolen, damaged, or loss of property and Holder voluntarily, knowingly, and freely assumes all risks, hazards, and/or dangers incidental to the game of baseball and/or other events, both known and unknown, inherent or otherwise, at the Event or incidental to the Event, whether occurring prior to, during, or subsequent to, the actual playing of the Event, including specifically (but not exclusively), the danger of being injured by thrown or batted balls, thrown or broken bats, bat fragments, persons (including other spectators), animals, or other items, and agrees that the Released Parties are not liable for injuries resulting from such causes.
If less than 5 innings of a Stripers baseball game (4-1/2 if the Stripers are ahead) are played on this date and the game is rescheduled, please contact the ticket office at 678-277-0340 for your options regarding attending the rescheduled game or exchanging your ticket for a future game.
ADDED VALUE INCLUDED (IF ANY) IS LISTED ON THE FRONT OF THIS TICKET, IS INCLUDED IN THE PRICE OF THIS TICKET, AND SHALL EXPIRE UPON CONCLUSION OF THE EVENT FOR WHICH THIS TICKET PROVIDES ADMITTANCE. ALL EVENT TIMES AND SCHEDULE SUBJECT TO CHANGE. SAFEGUARD YOUR TICKETS. ANLBC IS NOT RESPONSIBLE FOR LOST, STOLEN, DESTROYED, DUPLICATED, OR COUNTERFEITED TICKETS.
NO SMOKING IN THE SEATING AREA. SMOKING PERMITTED IN DESIGNATED AREAS ONLY. NO CANS, BOTTLES, OR ALCOHOLIC BEVERAGES PERMITTED IN THE BALLPARK. TICKET PRIVILEGES DO NOT REPRESENT A PROPERTY RIGHT. THE OPPORTUNITY TO RENEW OR PURCHASE A TICKET IS A PRIVILEGE GRANTED BY ANLBC AND MAY BE WITHDRAWN AT ANLBC’S DISCRETION. THIS TICKET IS YOUR TICKET AND WILL ALLOW ENTRY TO BALLPARK THE FIRST TIME IT IS SCANNED AND ALL OTHER TICKETS FOR THIS SEAT (WHETHER PAPER, DIGITAL, OR OTHERWISE) SHALL BECOME VOID. DUPLICATION MAY PREVENT HOLDER’S ADMITTANCE TO THE EVENT. ANLBC IS NOT RESPONSIBLE FOR ANY INCONVENIENCE OR LOSS CAUSED BY DUPLICATION. IN THE EVENT DUPLICATE COPIES APPEAR, ANLBC RESERVES THE RIGHT TO REFUSE ENTRY TO ALL TICKET HOLDERS.
GWINNETT STRIPERS • ADMIT ONE • NO REFUNDS • NO RE-ENTRY UPON EXIT
Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.
Holder acknowledges and understands that, if infected with 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 (“Communicable Disease”), 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.
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.
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/gwinnett/ballpark/guide and https://www.milb.com/gwinnett/ballpark/covid19policies, 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.
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, EXECUTORS, 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 GWINNETT CONVENTION AND VISITOR’S BUREAU, INC., GWINNETT COUNTY, GEORGIA AND ITS BOARD OF COMMISSIONERS, COOLRAY HEATING & COOLING, INC., ANLBC AND THE OTHER MINOR LEAGUE BASEBALL AND MAJOR LEAGUE BASEBALL CLUBS (“CLUBS”), MLB PROFESSIONAL DEVELOPMENT LEAGUES, LLC, 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 EACH OF THE RESPECTIVE OWNERS, GENERAL AND LIMITED PARTNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS 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.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
The Released Parties care deeply about maintaining good relationships with fans. If Holder has a problem with ticket(s) or the Event, 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.
Unless prohibited by federal law, Holder and the Released Parties agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of this ticket, Holder’s participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury, sickness, and/or stolen or damaged property arising out of Holder’s attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope, or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
In any Arbitration Claim to be resolved by arbitration, neither Holder nor the Released Parties will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the Released Parties would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Released Parties each understand and agree that by requiring each other to resolve all disputes through individual arbitration, *_WE 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.
Arbitrations shall be administered by JAMS (“JAMS”) pursuant to the applicable JAMS rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 404-588-0900 or visiting www.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 the city where the Ballpark is located. 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 Holder and the Released Parties 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 parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Party 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.
The Released Parties will be responsible for paying all arbitration fees, except for the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the Released Parties may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Released Parties 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 Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this 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 this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Event. You must send your request to: Atlanta National League Baseball Club, LLC, Attn: Legal Department, Re: Gwinnett Stripers Ticket Arbitration, 755 Battery Avenue SE, Atlanta, Georgia 30339. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Gwinnett Stripers Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, 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 thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the Released Parties shall be sent by mail to Atlanta National League Baseball Club, LLC, Attn: Legal Department, Re: Claim Notice - Gwinnett, 755 Battery Avenue SE, Atlanta, Georgia 30339. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) 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.
IF ANY MINOR IS ACCOMPANYING TICKET HOLDER TO THE EVENT, TICKET HOLDER IS DEEMED TO HAVE AGREED TO THIS AGREEMENT ON BEHALF OF SUCH MINOR AS HIS/HER PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF HIS/HER PARENT OR GUARDIAN. IF TICKET HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT THE FOREGOING RIGHTS, RELEASES, AND WAIVERS ON BEHALF OF THE MINOR, TICKET HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH SUCH MINOR.