By using “My Steinbrenner Field Account” (the “Account”), each Account Licensee (the “Account Holder”) agrees to the following terms and conditions (the “Agreement”) which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. Licensor may change the terms of the Agreement at any time, without notice, and Account Holder’s use of the Account after such change is posted will mean that Account Holder accepts such change(s). Account Holder is solely responsible for reading and understanding the Agreement before using the Account. All Tickets purchased through the Account shall be subject to the terms and conditions set forth at https://www.milb.com/tampa/tickets/ticketterms (the “T&Cs”). Unless otherwise defined herein, all capitalized terms shall have the meaning set forth in the T&Cs. In the event of a conflict between the T&Cs and the Agreement, the T&Cs shall control and govern.
- Each Account is issued a unique password which must be safeguarded by the Account Holder. The Account Holder shall be absolutely and unconditionally responsible for anyone accessing the Account with Account Holder's password and for all resulting transactions.
- The benefits, features and functionality for each Account (“Account Benefits”), as set forth on the New York Yankees, Tampa Tarpons or GMS Field websites, where applicable, and/or in any other New York Yankees, Tampa Tarpons or GMS Field brochures, pamphlets or collateral material, where applicable, are provided to the Account Holder (proof of identification shall be required) in the sole and absolute discretion of Licensor and are subject to availability, change, modification and/or cancellation at any time, with or without notice and with or without substitution. Said Account Benefits are subject to restrictions, terms and conditions as Licensor deems appropriate and may be changed, modified, amended, supplemented or cancelled (a “change”) at any time by Licensor. Any use of the Account and/or any Ticket constitutes Account Holder’s acceptance of the such restrictions, terms and conditions. Furthermore, any use of the Account and/or Tickets after any change constitutes Account Holder’s acceptance of such change. Account Holder acknowledges and agrees that Account Benefits are not necessarily exclusive to Account Holder and may be provided to other ticket licensees at the sole and absolute discretion of Licensor. The Account and Account Benefits provided, from time to time, are provided at the discretion of Licensor and the discontinuance and or termination (either temporarily or permanently) of the Account and/or the unavailability and/or change of any Account Benefits provided as part of the Account shall neither constitute a breach of the License, for which, the Account Holder acknowledges that no consideration has been provided, and shall not entitle any Account Holder to any compensation, credits, rebates, refunds, make goods or any other consideration.
- Licensor may screen Account activity for signs of fraud, which may result in automatic cancellation of Account activity and temporary or permanent suspension of Accounts. Accounts may be reinstated in the sole and absolute discretion of Licensor.
- Any direct or indirect Resale of any Tickets covered by the Account must be done in accordance with any applicable Laws. Any Resale in violation of Laws constitutes a material breach of the Account. Any attempt by two (2) or more persons to gain admission with both a cancelled ticket and any reissued Ticket whether as part of a Resale transaction and/or otherwise transferred by Account Holder constitutes a material breach of the Account. ACCOUNT HOLDER SHALL NOT SELL, RESELL, ASSIGN OR TRANSFER ANY TICKET TO ANY PERSON OR ENTITY FOR ANY PRICE WHILE ON THE PREMISES OF THE FACILITY AND IF NOT ON THE PREMISES OF THE FACILITY, FOR A PRICE WHICH IS ABOVE THE PURCHASE PRICE. THE SALE, RESALE, ATTEMPTED RESALE, ASSIGNMENT OR TRANSFER OF ANY TICKET IN ANY MANNER OR AT ANY PRICE WHICH VIOLATES THE TERMS OF THIS AGREEMENT OR THE T&C’S AND/OR OF ANY LAWS, SHALL GIVE LICENSOR THE UNRESTRICTED RIGHT TO TERMINATE THE TICKET LICENSE, CANCEL THE ACCOUNT, AND REVOKE THE TICKET LICENSE REPRESENTED THEREBY, IMMEDIATELY AND WITHOUT HAVING TO REFUND THE PURCHASE PRICE TO ACCOUNT HOLDER. Account Holder assumes all risks associated with the Resale of any Tickets covered by the Account and the purchase of any Ticket via Resale or the secondary market.
- No Ticket(s) may be used for advertising, promotion (including contests, giveaways or sweepstakes) charitable, trade or commercial purposes without the Licensor’s consent. The use of any Ticket for commercial or other transactions involving the Tickets in violation of applicable law and/or the Ticket License, with or without the knowledge of the Account Holder, is the sole responsibility of Account Holder, who shall remain absolutely and unconditionally responsible for any violations and/or breach of the Ticket License.
- Licensor may take any action that we deem appropriate in our sole discretion (including, without limitation, issuing a warning, temporarily or permanently suspending an Account and/or any Account Benefits, denying access to an Account and/or any Account Benefits) if: (a) Account Holder breaches the Ticket License or the terms of use relating to the Account and/or Account Benefits; (b) Account Holder or any person in possession of any Ticket(s) fails to or is unwilling to cooperate with any investigation into any breach of the Ticket License or violation of the terms of use relating to the Account and/or Account Benefits; (c) Licensor is unable to verify or authenticate any information Account Holder provides concerning the Account; (d) Licensor believes that Account Holder's conduct may cause legal liability for Account Holder or for Licensor; or (e) to the extent Licensor may deem necessary for the protection of the safety of patrons or to address fraud or misconduct.
- WAIVER AND RELEASE OF LIABILITY
(a) Account Holder recognizes that attendance at the Event is voluntary and may result in personal injury (including death, illness, sickness and disease) and/or property damage. By using any Ticket covered by the Account or by attending, observing or participating in the Event, Account Holder acknowledges and assumes all risks and dangers associated with the Licensee/Holder being a spectator at the Event. If the Event is a Game, such risk and dangers include, without limitation, 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, accidents illness, sickness and/or disease associated with crowds of people or the negligence or misconduct of other spectators.
(b) Account Holder agrees that (i) the MLB Parties; (ii) the MLB Parties’ respective past, present and future licensees, sponsors and vendors; (iii) FSL Bomber Baseball, L.L.C.; (iv) the City Parties; (v) the Event promoter; (vi) the Ticket manufacturer, provider and/or agent; and (vii) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, trustees, partners, members, directors, officers, owners, agents, representatives, servants and independent contractors of each of the foregoing entities listed in subsections (i) through (vii) (collectively, the “Released Parties”) will not be responsible for any personal injury (including illness and death), property damage, or other loss suffered as a result of any Licensee’s/Holder’s: (x) participation in, attendance at, and/or observation of the Event; and/or (y) the negligence of any of the Released Parties (collectively, the “Released Claims”). Account Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other 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 related to the Event, whether such recordings and photographs are captured prior to, during or subsequent thereto.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, ACCOUNT HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
- Account 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 Licensee’s/Holder’s: (a) attendance at, observation of, and/or participation in the Event; (b) acts or omissions; or (c) breach of any of the terms, conditions or representations made in the Agreement and the T&Cs.
- MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
(a) Licensor cares deeply about maintaining good relationships with fans. If Account Holder has a problem with the Account and/or Ticket covered by the Account, 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.
(b) Unless prohibited by federal law, Account Holder and Licensor agree to arbitrate any and all claims and disputes relating in any way to the Account, the purchase or use of any Ticket covered by the Account, the participation in, attendance at, and/or observation of any Event (including by any Licensee, Holder and/or any accompanying minor, collectively, for purposes of this Arbitration Agreement, the “Covered Parties”), the Agreement, and any related dealings between them, including, without limitation, claims of personal injury (including illness and death) or property damage arising out of attendance at and/or participation in any Event by Covered Parties (“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.
(c) In any Arbitration Claim to be resolved by arbitration, neither the Covered Parties nor Licensor will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that the Covered Parties and Licensor would have in court will not be available or will be more limited in arbitration, including the right to appeal. The Covered Parties and Licensor 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.
(d) Arbitrations shall be administered by JAMS in accordance with its then-existing commercial arbitration rules. The Covered Parties may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 305-371-5267 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 Tampa, Florida. 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 the Covered Parties and Licensor 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, all Covered Parties 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.
(e) Payment of all filing, administration, hearing and other fees (“Arbitration Fees”) will be governed by the JAMS's rules. Covered Parties will be responsible for paying Covered Parties’ share of any Arbitration Fees, but only up to the amount of the filing fees Covered Parties would have incurred in the state or federal court in Florida, whichever is less. Licensor will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Notwithstanding any other provision herein, the Covered Parties and Licensor may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, the Covered Parties and Licensor 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 and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
(f) ACCOUNT HOLDER HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT ACCOUNT HOLDER MUST EXERCISE THIS RIGHT PROMPTLY. If Account Holder does not wish to be bound by this agreement to arbitrate, Account Holder must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the first use of the Account. Account Holder must send the request to: GMS Field, Attn: Ticket Office, Re: Arbitration, 1 Steinbrenner Drive, Tampa, Florida 33614. The request must include Account Holder’s full name, address, account number, and the statement “I reject the Arbitration Agreement contained in the My Steinbrenner Field Account Terms and Conditions.” If Account Holder exercises the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if Account Holder had not rejected arbitration.
(g) Prior to bringing a claim under this Arbitration Agreement, the party seeking to bring a claim (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 30 days, to resolve the Arbitration Claim. Any Claim Notice to Licensor shall be sent by mail to GMS Field, Attn: Ticket Office, Re: My Steinbrenner Field Account Claim Notice, 1 Steinbrenner Drive, Tampa, Florida 33614. Any Claim Notice must (i) identify the Claimant by name, address, email address, and telephone number; (ii) explain the nature of the Arbitration Claim and the relief demanded; and (iii) 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.
ACCOUNT HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY LICENSEE, HOLDER AND ACCOMPANYING MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF ACCOUNT HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF ANY ACCOMPANYING MINOR(S), ACCOUNT HOLDER SHOULD IMMEDIATELY LEAVE THE FACILITY WITH SUCH ACCOMPANYING MINOR(S).
- GENERAL INFORMATION
(a) Be advised that Licensor reserves the right to take appropriate action against individuals who fraudulently obtain Tickets for wheelchair accessible and/or companion seats, including, without limitation, ejection and legal action.
(b) Licensor makes no representations or warranties concerning, without limitation, the Account and/or the condition of the Facility or its suitability for any particular purpose and Account Holder accepts the Facility “AS IS.”
(c) THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED BY FLORIDA LAW, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF.
(d) IN NO EVENT WILL LICENSOR AND/OR ANY OTHER RELEASED PARTY BE LIABLE TO ACCOUNT HOLDER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional terms and conditions may apply.
