IMPORTANT: ALL TICKETS ARE REVOCABLE LICENSES; HOLDERS OF ALL TICKETS ACCEPT THE RISK OF ILLNESS/INJURY; NO RE-ENTRY PERMITTED; ALL TICKETS LIMIT THE LEGAL RIGHTS OF HOLDERS
By using any ticket issued by the Tacoma Rainiers (the “Club”), holder, on their behalf and on behalf of any accompanying minor (“Minor”) and any other accompanying party for whom holder retains a ticket to attend the underlying Event (as defined below) with holder (each of whom holder represents have authorized holder to act on their behalf in accepting the applicable Agreement terms) (together with any Minor, “Accompanying Parties”), agrees to the following terms and conditions, including an AGREEMENT TO ARBITRATE/CLASS ACTION WAIVER (the “Agreement”). Holder and any Accompanying Parties are collectively referred to herein as “Holder”.
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 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 STADIUM OWNER/OPERATOR.
Holder agrees to comply with (a) all policies and protocols of the Club and the host venue, Cheney Stadium (together with surrounding grounds and parking areas, “Stadium”), including, without limitation, any policies and protocols regarding security, bags, fan conduct, and health & safety, and all other terms and conditions set forth herein (the “Website”), and all terms and conditions presented at the time of purchase not specifically enumerated herein, including without limitation (i) terms that mandate or prescribe the quantity of tickets available to be purchased, (ii) additional requirements regarding Accompanying Parties, and (iii) terms regarding the resale or transfer of tickets (each, a “Club Policy” and collectively, the “Club Policies”), 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 tickets and the Event date, and (b) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities. Holder acknowledges that the MLB Entities (defined below) have no liability for Holder’s person or property.
Holder hereby acknowledges and agrees that Holder shall comply with all terms and conditions set forth below regarding the game/event or any attractions offered in connection with the game/event (collectively, the “Event”):
1. Event Content. Holder 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 Event to which the ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-game, post-game or between-inning activities, promotions or competitions offered in connection with the Event including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively, the “Event Content”). The Club is the exclusive owner of all Event Content and all copyrights and other proprietary rights in the Event and the Event Content.
2. Holder’s Image. Holder consents to and waives compensation for use of Holder’s image or other personality
rights. The Club, together with MLB Professional Development Leagues LLC (“MLB PDL”), the Office of the Commissioner of Baseball (“BOC”), Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, each of the Major League Baseball clubs and other MLB PDL clubs (collectively, “Clubs”), 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 “MLB Entities”) and certain current and future sponsors and licensees of such MLB Entities will have the unrestricted right and license to use Holder’s 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 the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein to the MLB Entities are assignable.
3. Security/Screening. Holder consents to security searches, screenings and/or inspection of Holder’s person, bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise.
4. Outside Items. No outside food or beverages are permitted. No coolers or oversized bags permitted. All carry bags and purses must be 12” x 12” x 6” or smaller, and are subject to search by Stadium staff.
5. Rainouts. The Club makes every possible attempt to complete or make up every home baseball game (each, a “Game”). However, in the event of a rainout in which five (5) innings have not been completed (4 ½ if the home team is leading), there are two (2) options for the Holder of each ticket of the rainout Game: (a) If the Game is rescheduled, tickets are exchangeable for the date of the rescheduled Game; or (b) If the Game is not replayed, tickets may be exchanged for a regular season Game ticket of equal or lesser value during the current season (excluding July 3rd and the last regular season home Game). Tickets must be exchanged in person at the Stadium Box Office; tickets are not exchangeable over the phone or via email. All ticket exchanges are subject to availability.
6. Exchanges. If unused, tickets may be exchanged in-person at the Stadium Box Office for a ticket of equal or lesser value to a regular season home Game during the current baseball season (excluding Opening Day, July 3rd and the last regular season home Game), subject to availability. Tickets are not exchangeable over the phone or at a Will Call window. Unused Row Box or Reserved tickets are exchangeable for a ticket of equal or lesser value. Please contact your account representative with further questions or concerns. Subject to availability. Exclusions and limitations apply.
7. Ticket License Revocation. The license granted by tickets may be terminated by tendering to Holder the purchase price of the tickets. Tickets may not be used in advertising, promotion (including, but not limited to, contests and sweepstakes) or any other trade purposes without the express written consent of the Club in each instance. The Club and/or MLB Entities reserve the right to revoke the license granted by this ticket without refund and refuse admission or eject anyone who: (a) violates any terms applicable to tickets; (b) appears to be or is intoxicated; (c) is deemed by the Club and/or an MLB Entity to be disorderly; (d) uses vulgar or abusive language; or (e) poses a risk to the health or safety of others. Holder shall not resell tickets, or offer tickets for resale, at a premium in excess of the amount allowed by any federal, state or local law or regulation. Persons who sell or offer tickets for sale at any price on the Stadium premises will be removed from the Stadium premises and prosecuted.
8. Assumption of Risks and Release of Claims. Holder acknowledges and assumes all risks of attending the Event, including, without limitation, contracting COVID-19 or other Communicable Disease (defined below) and all other risks described below in this Section 8.
8.1. Personal Injury, Illness and/or Property Damage. Holder recognizes that attendance of Holder at the Event is voluntary and may result in personal injury (including death), illness and/or property damage and agrees to abide by all Club Policies and to stay alert and remain aware of Holder’s surroundings. By using tickets or by attending the Event, observing or participating in the Event, Holder, on their own behalf and on behalf of any Related Parties (defined below), acknowledges and assumes all risks and dangers associated with: (a) being a spectator before, during, and after an Event (including all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions), and (b) attending, observing or participating in the Event, in each case, whether any such risk or danger 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. Holder, on their behalf and on behalf of any Related Parties, agrees that the Released Parties (defined below) will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered as a result of (x) Holder’s participation in, attendance at, and/or observation of the Event and/or (y) the sole, joint, or comparative negligence, or strict liability, of the Released Parties (collectively, the “Spectator Claims”). “Related Parties” are any Accompanying Parties as well as Holder’s and any Accompanying Parties’ personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on their behalf.
8.2. COVID-19 and Other Communicable Diseases. Holder 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 Stadium. 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. By using tickets, Holder is acknowledging and confirming, on behalf of Holder and any Related Parties both now and in the future, that Holder understands and expressly assumes the risk that Holder 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 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 tickets that cannot be eliminated.
8.3. Fan Health Promise. Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, Holder 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 they will not attend the Event if within fourteen (14) days preceding the Event, they have: (a) 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 (b) experienced any symptoms commonly associated with COVID-19 or 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.
8.4. General Release of Liability and Covenant Not to Sue. Holder releases the Club and all other MLB Entities, the Stadium, the ticket provider, and all successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives, licensees, sponsors, vendors and contractors (collectively, “Released Parties”), from claims arising out of the Event, even if due to the sole, joint, or comparative negligence, or strict liability, of the Released Parties (“Released Claims”) and will indemnify the Released Parties from and against any such Released Claims.
8.4.1. BY USING TICKETS, HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. IF HOLDER IS UNABLE TO AGREE ON BEHALF OF ACCOMPANYING PARTIES, SUCH ACCOMPANYING PARTIES MUST LEAVE THE EVENT.
8.4.2. BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON THEIR OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
8.4.3. ON THEIR OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, HOLDER, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE 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 TICKETS, (B) PRESENCE AT THE STADIUM 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: (I) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE STADIUM, INCLUDING, WITHOUT LIMITATION (a) ALL SPECTATOR CLAIMS; (b) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER,OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER; (c) ALL CLAIMS IN CONNECTION WITH ANY SECURITY SEARCHES OR SCREENINGS OF, OR THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO, HOLDER; AND/OR (d) ALL CLAIMS FOR INVASION OF 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 HOLDER FROM THE EVENT APPEAR.
8.4.4. 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.”
8.4.5. 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.
8.4.6. IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH 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 HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (I) SUCH MINOR(S), HOLDER MUST IMMEDIATELY LEAVE THE STADIUM WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY MUST IMMEDIATELY LEAVE THE STADIUM.
8.4.7. HOLDER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL DEMANDS, SUITS, CLAIMS, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), EXPENSES AND LIABILITY ARISING OUT OF, INCIDENTAL TO OR RELATED IN ANY WAY TO (I) RELEASED CLAIMS, (II) HOLDER’S ACTS OR OMISSIONS, OR (III) HOLDER’S BREACH OF ANY OF THE TERMS, CONDITIONS OR REPRESENTATIONS MADE IN THE AGREEMENT.
8.4.8. 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 PARTY, 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.
8.4.9. ENTERING THE PLAYING FIELD DURING A GAME, OTHERWISE DISRUPTING AN EVENT AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH AN EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
- Mandatory Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”). The Club and MLB Entities care deeply about maintaining good relationships with fans. If Holder has a problem with a ticket or 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.
9.1. ANY CLAIM RELATED TO THIS TICKET SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, FINAL AND BINDING ARBITRATION. HOLDER MAY NOT JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR ARBITRATE AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
9.2. Unless prohibited by federal law, Holder, the Club and the MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s use of tickets, Holder’s participation in, attendance at, and/or observation of an Event, the Agreement, and any related dealings among them, including, without limitation, claims of illness (including COVID-19 or other Communicable Disease), bodily injury or property damage 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.
9.3. In any Arbitration Claim to be resolved by arbitration, neither Holder nor the Club or other MLB Entities will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder, the Club and other MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder, the Club and other MLB Entities 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.
9.4. Arbitrations shall be administered by JAMS in accordance with its then-existing commercial arbitration rules. Holder may obtain information about arbitration, arbitration procedures and fees from JAMS by calling (949) 224-1810 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 on which Holder, the Club and other MLB Entities agree in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Tacoma, Washington. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. 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, the Club and other MLB Entities 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. Holder, the Club and other MLB Entities agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Parties, Related Parties and/or Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
9.5. The MLB Entities will be responsible for paying all arbitration fees other than 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, the Club and other MLB Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder, the Club and other MLB Entities 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).
9.6. HOLDER HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT HOLDER MUST EXERCISE THIS RIGHT PROMPTLY. If Holder does not wish to be bound by this agreement to arbitrate, Holder must notify the Club by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Event. Holder must send any such request to: 2502 South Tyler Street, Tacoma, WA 98405. The request must include Holder’s full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Event Ticket.” If Holder exercises the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if Holder had not rejected arbitration.
9.7. Prior to bringing a claim under this Arbitration Agreement, the claiming party (“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 MLB Entities shall be sent by mail to 2502 South Tyler Street, Tacoma, WA 98405. 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.
9.8. IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT 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) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER MUST IMMEDIATELY LEAVE THE STADIUM WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY MUST IMMEDIATELY LEAVE THE STADIUM.
10.1. Due to the evolving nature of the COVID-19 pandemic, the Club may be required to (a) cancel or suspend an Event and not reschedule or resume it, (b) cancel or suspend an Event and reschedule or resume it in a different locale or (c) hold an Event without fans, or with limited fans, in attendance (each, a “COVID-19 Suspension”). If an Event is subject to a COVID-19 Suspension that prevents Holder from using a ticket, refunds or credits will be as determined in the Club’s discretion.
10.2. Retain possession of tickets until the Event has occurred. Tickets are good and valid only for the underlying Event and no part of the purchase price will be refunded or credited by reason of the failure of Holder to use a ticket for the underlying Event.
10.3. If an Event does not occur on the date it was originally scheduled, tickets will admit Holder on the date or dates on which the underlying Event is rescheduled or resumed, as announced in the sole discretion of the Club. No part of the purchase price will be refunded or credited by reason of the failure of Holder to use tickets on the date the Event is rescheduled or resumed.
10.4. All State and Local taxes are included in ticket price.
10.5. All Event times and dates are subject to change.
10.6. Neither the Club nor the MLB Entities are responsible for lost, stolen or duplicated tickets.
10.7. For updates on rain delays and inclement weather, follow us: @RainiersLand/TacomaRainiers.
*©2021 The Baseball Club of Tacoma, LLC d/b/a Tacoma Rainiers. *