These terms and conditions which contain an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER ("T&Cs") govern and control the purchase of any Ticket Plan by the purchaser ("Licensee") from the New York Yankees Partnership ("Licensor"). Licensor reserves the right at any time, and without prior notice, to modify, amend or supplement the T&Cs and/or the License and use of any Ticket after such modification, amendment or supplement constitutes Licensee’s acceptance of any modification, amendment or supplement of the T&Cs. The T&Cs control if there is a conflict with: (x) the paper or digital invoice ("Invoice"); and/or (y) any Ticket (including the back of any Ticket). Unless otherwise defined in the T&Cs, capitalized terms are defined in Section 16.
(a) The T&Cs, the Invoice and/or Ticket do not constitute an offer. The purchase of any Ticket Plan shall not be completed, until the potential Licensee both: (i) acknowledges acceptance of and agrees to be bound by these T&Cs (i.e., by signature or on-line click acceptance, the "Offer"); and (ii) receives written notice of Licensor's acceptance, which is conditioned upon Licensee's compliance with the T&Cs, and confirmation of the Ticket Plan purchase. Licensor's acceptance establishes the grant of the License.
(b) Luxury Suite Licenses and Tickets are subject to the terms and conditions contained in the specific Luxury Suite License Agreement.
2. TICKET PLAN & LICENSE INFORMATION:
(i) Each Ticket represents a separate limited, non-renewable license revocable at the sole and absolute discretion of the Licensor with or without cause (the “License”) and which only permits: (A) entry to the Event identified on the Ticket and the publicly-accessible areas of the Facility (or applicable portion thereof) at times determined by Licensor; and (B) sitting in the Seat, unless the Ticket is designated “General Admission.” Valid Tickets must be presented to enter the Facility. Risk of loss/theft of Ticket(s) passes to Licensee upon receipt of the Ticket(s).
(ii) The purchase of any other Tickets of any kind shall be subject to the terms and conditions as set forth, from time to time, by MLB, Licensor or the Event promoter, as applicable. Any opportunity granted by Licensor to license Tickets of any kind is a privilege revocable, at any time, in Licensor’s sole and absolute discretion. Licensee acknowledges and agrees that it does not have any reasonable expectation, right or privilege to: (A) any Tickets to any other Game not included in the Ticket Plan or any other Events held at the Facility; or (B) renew the License for any subsequent Spring Training Season or Regular Season where applicable.
(iii) Licensor reserves the right to restrict, modify, alter, change and/or amend the License and any Seat(s) as a result of: (A) MLB requirements; (B) Laws; (C) alteration of the Facility; and/or (D) other reasons beyond the control of Licensor (excluding circumstances covered by the rain check policy). If the Seat(s) is/are not available due to any of the aforementioned reasons, then Licensor will use commercially reasonable efforts to provide Licensee with the opportunity to license a Ticket elsewhere in the Facility, subject to availability and as determined by Licensor. If Licensor is unable to provide Licensee with the opportunity to license a Ticket elsewhere in the Facility to a Game, then Licensee shall be entitled, as its sole remedy, to a credit in an amount equal to the Purchase Price for the Game to which the Seat(s) was/were determined by Licensor to be unavailable. Such credit may be applied towards the purchase of Tickets to another Game within 12 months of the originally scheduled Game, subject to availability.
(iv) The License, the T&Cs, the terms and conditions contained on the backs of any Tickets and the Facility Rules contain the entire agreement of Licensor and Licensee with respect to the matters provided for herein (the “Agreement”) and shall supersede any representations or agreements previously made or entered into by either Licensor or Licensee (whether oral or written).
(v) The License is a personal privilege and does not under any circumstances confer upon Licensee any title, interest or estate in real property or any leasehold interest in the Suite or the Facility or any other interest or rights of any kind in any specific real or personal property.
(b) Season Tickets:
(i) The License is limited to the Games in the Spring Training Season or Regular Season covered by the Ticket Plan. Licensor reserves the right to grant or not grant any license to Licensee for any subsequent Spring Training Season, Regular Season or any other Event(s) for any reason whatsoever and pursuant to such terms and conditions as Licensor determines.
(c) Suite Tickets:
(i) The License is limited to providing Licensee and Licensee’s guests/invitees the use of and access to the suite (the “Suite”) during the applicable Event – all as identified on the front of the Confirmation Email. Licensee and Licensee’s guests/invitees shall be entitled to use and access the Suite at times determined by Licensor. Notwithstanding the foregoing, Licensor and its officers, employees, agents, contractors and representatives shall have the right to access the Suite at all times. Licensor reserves the right at any time, and without prior notice, to modify, amend or supplement the T&Cs of the License.
(d) Group Tickets and General Seating Tickets:
(i) The License is limited to the Event and Seat(s) identified on the Ticket(s).
(a) The License covers each Account pursuant to which the Licensee is permitted to license Tickets for the Event identified on each such Ticket. The Account may be terminated by Licensor, with or without cause, including, but not limited to, Licensee’s failure to pay.
(b) All Licensee's account information provided (e.g., name, billing/mailing/email addresses, phone, etc.), including as reflected on Licensee's My Steinbrenner Field Account, must be the Licensee's own and true personal or business information. All payments for the Tickets must be made directly by the Licensee (i.e., by the Licensee's check or credit card). False or misleading information constitutes a material breach of the License and T&Cs. Licensor reserves the right to require valid identification and/or other proof of information related to the Account. Licensee can only be one (1) Person to whom/which an Account is registered in Licensor's database. If the Account is registered in the name of a business entity, a contact person (who will not be considered the Licensee) must be identified. Payment of any Invoice by anyone other than Licensee, and receipt and/or acceptance of payment thereof by Licensor, does not constitute or effectuate an assignment or transfer of the License. The License, the Account and/or any duties, obligations, rights and privileges may not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by Licensee to any other person or entity without the express written consent of Licensor.
(a) Failure to make full payment of the entire Purchase Price for all Tickets on such dates and pursuant to such terms and conditions established by Licensor constitutes a material breach of the License and T&Cs. Any payment plan granted by Licensor is merely an accommodation and does not entitle Licensee to: (i) any portion of Tickets and/or Events if the full Purchase Price is not paid; and/or (ii) apportion any payment to any Tickets and/or number of Events.
(b) Any and all sums due hereunder from Licensee, whether the Purchase Price or otherwise, if not paid when due, shall bear interest at the lesser of: (i) one percent (1%) per month; or (ii) the maximum rate then permitted by applicable Law from the date due until paid. Such interest charge shall be in addition to, and not in lieu of, all other rights and remedies available to Licensor.
(c) Licensee shall pay and/or be responsible for paying all Taxes regardless of: (i) when levied, assessed or imposed or (ii) upon whom levied, assessed or imposed. If such Taxes are not collected directly from Licensee by the charging or collecting authority and/or entity, all such Taxes shall be promptly due and payable by Licensee to and upon written demand by Licensor. Licensee shall reimburse Licensor for any fee, penalty, interest or other charge paid by Licensor in respect to any Taxes. As used herein, “Taxes” mean any and all use, sales, privilege, rental, admission, amusement, entertainment, occupancy and other taxes, charges, impositions, levies, fees and assessments that are or may be assessed, levied or imposed with respect to the Tickets (including with respect to the use of and/or access to the Suite but specifically excluding Licensor’s income taxes).
(a) Licensor's policies (the "Policy(ies)") include the following:
(i) Subject to such exceptions as may be determined by Licensor, the Licensee must be age 18 or older.
(ii) Licensor may limit the maximum number of Tickets that Licensee is allowed to purchase for a Game(s) (“Ticket Limit”) at Licensor’s own discretion. If a Ticket Limit is in place, Licensee will only be permitted to purchase, control, coordinate, manage or direct (collectively, “control”) the amount of Tickets as determined by Licensor. Examples of how the Ticket Limit can be exceeded include: (A) Ticket(s) controlled by any Person related to Licensee; or (B) Account(s) that is/are in any way tied, linked or related to a specific Person or group that is in any way affiliated with each other or under common ownership, control or direction. Use of aliases, separate forms of payment or separate Persons or third parties to circumvent the Ticket Limit constitutes a material breach of the License and T&Cs. A Ticket Limit will be strictly enforced when applicable. Licensor may refuse any sale and revoke any License that violate a Ticket Limit. Licensor reserves the right to make exceptions to a Ticket Limit.
(iii) Licensor reserves the right to terminate the License by tendering to Licensee and/or the Holder the Purchase Price. Further, Licensor reserves the right, in its sole and absolute discretion, with or without refunding the Purchase Price, to revoke the License and refuse admission to and/or eject any Person who: (A) violates the terms of the License and T&Cs and/or the Ticket; (B) is or appears to be impaired; (C) conceals alcohol, illegal substances and/or other prohibited items while attempting to enter the Facility; (D) acts in a manner that is unruly, disruptive or illegal; (E) uses derogatory, foul and/or abusive language and/or gestures; (F) displays and/or wears and fails to cover obscene, indecent and/or inappropriate clothing; (G) exposes him/herself; (H) otherwise violates the Facility policies, ordinances, rules, requirements, directives and/or regulations (collectively, "Facility Rules"); or (I) violates any Law. Licensee/Holder acknowledges and agrees that Licensor’s ban on derogatory, foul and/or abusive language and/or gestures and obscene, indecent and/or inappropriate clothing does not violate Licensee’s/Holder’s right to free speech and/or expression and that such time, place and manner of the restrictions are reasonable to maintain a family-friendly atmosphere for minors, ensure the safety of all guests and sports participants, and preserve the enjoyment of the Event for all. In addition, Licensee further acknowledges and agrees that by entering the Facility, Licensee hereby consents to the ban on derogatory, foul and/or abusive language and/or gestures and obscene, indecent and/or inappropriate clothing and waives, to the fullest extent Licensee may legally and effectively do so, any objection Licensee may now or hereafter have to such ban and the penalties that Licensor may impose for any violation of same.
(v) No Ticket may be used for advertising, promotion (including contests, giveaways or sweepstakes), charitable, trade or commercial purposes without Licensor’s consent. Any violation of the foregoing is the sole responsibility of Licensee. Licensor will investigate any violations of the License and/or T&Cs. The failure of Licensee and/or Holder to cooperate with any investigation constitutes a material breach of the License and T&Cs.
6. RAIN CHECK POLICY:
(a) Tickets are not subject to any refund and shall bear no cash value.
(b) If a Game is not played or does not progress to a point of play which constitutes a regulation game (as defined by MLB) is not played, this Ticket will constitute a rain check (“Rain Check”) that can either be: (i) used for admission to the rescheduled Game, if any, subject to certain doubleheader limitations or (ii) if the Game is not rescheduled, Licensee may obtain a refund by returning this Ticket to the ORIGINAL POINT OF PURCHASE. Ticket refunds will be made in the original form of payment. Refunds will not be accepted after December 31st of the current year. For double headers, a Rain Check will be void after a legal game is played in the first game.
(c) Spring Training Season Ticket Holders Only: In the event a regulation game (as defined by MLB) is not played, this Ticket may be used for the rescheduled Game(s) of the current Spring Training season. In the event that a Spring Training Game(s) is canceled and not rescheduled: (i) the season ticket holder's account will automatically be credited for the canceled Spring Training Game and applied to the next Spring Training season; or (ii) the season ticket holder may request a refund by written request to the George M. Steinbrenner Field Ticket Office before December 31st of the current year. For double headers, a Rain Check will be void after a Spring Training Game is played in the first Game of the double header.
(d) All Other Events: Licensee shall have the right, within twelve (12) months of the date of the scheduled event, to exchange this Ticket for a comparably priced and situated ticket to attend a rescheduled presentation of the same event or another similar event, as designated by Licensor in its sole and absolute discretion.
7. RESALE OF TICKETS:
Any direct or indirect sale, resale, auction, assignment or transfer (collectively, "Resale") of Tickets must be done in accordance with Laws. Any Resale in violation of Laws constitutes a material breach of the License and T&Cs. 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 Licensee constitutes a material breach of the License and T&Cs. LICENSEE OR ANY 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 THESE T&C’S AND/OR OF ANY LAWS, SHALL GIVE LICENSOR THE UNRESTRICTED RIGHT TO TERMINATE THE LICENSE, CANCEL THE ACCOUNT, AND REVOKE THE LICENSE REPRESENTED THEREBY, IMMEDIATELY AND WITHOUT HAVING TO REFUND THE PURCHASE PRICE TO LICENSEE OR HOLDER OF THE TICKET OR ANYONE ACTING ON THEIR BEHALF. Licensee assumes all risks associated with the Resale of any Tickets covered by the License and the purchase of any Ticket via Resale or the secondary market.
(a) During all batting practices, fielding practices, warm-ups and the course of all Games and the baseball game experiences, baseballs and bats and fragments thereof may be thrown or hit anywhere in the Facility. For the safety of every guest, all guests must stay alert and be aware of their surroundings at all times while visiting the Facility. Accordingly, guests who are concerned with their original ticketed location by reason of the foregoing, at any time before, during or after the Game and the Game experiences, should contact any Guest Relations representative to request that they be relocated; however, please remember that: (i) any requested relocation is subject to availability, and (ii) any alternate seat or standing location may be in a section and/or level of the Facility and/or within a price category that is not in the same section and/or level and/or price category of the guests' original ticketed location, regardless of their original ticketed location.
(b) No compensation, credits, rebates, refunds, offsets, make-goods or other remedies will be provided for views and lines of sight impacted by conditions including: (i) as a result of Game/Event/ Facility conditions (e.g., on-deck circles, coaches boxes, umpires, referees, players, coaches, managers, etc.); (ii) protective devices/netting; (iii) the manner of play and/or the field configuration; (iv) Facility signage; (v) Stadium/Facility and production personnel (e.g., groundscrew, security, cameramen, photographers, etc.) and their equipment (e.g., sound equipment, cables, etc.); (vi) other guests/fans and their property (e.g., hats, umbrellas, etc.); and (vii) configuration of the Stadium's seating bowl (e.g., aisle seating, ADA seating, etc.).
9. SECURITY POLICY:
(a) NOTICE: FOR THE SAFETY OF EVERY GUEST, ALL PERSONS SPECIFICALLY CONSENT TO AND ARE SUBJECT TO METAL DETECTOR AND PHYSICAL PAT-DOWN INSPECTIONS OF THEIR PERSON AND PROPERTY PRIOR TO ENTRY INTO THE FACILITY. LICENSEE/HOLDER WAIVES ANY CLAIMS THAT LICENSEE/HOLDER MIGHT HAVE AGAINST THE RELEASED PARTIES RELATING TO SUCH INSPECTIONS. ANY PERSON, ITEM OR PROPERTY THAT COULD AFFECT SAFETY SHALL BE DENIED ENTRY.
(b) ENTERING THE PLAYING FIELD, 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.
10. EVENT INFORMATION:
(a) Games: Licensee/Holder agrees that: (i) Licensee/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 Game at the Stadium 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 Game including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Game (collectively, the “Game Information”); (ii) the Office of the Commissioner of Baseball and its related entities (“MLB”), MLB Advanced Media, L.P. (“MLBAM”), the applicable MLB Club, the applicable Minor League Club or Licensor, as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Game and the Event Information related thereto; and (iii) MLB, Major League Baseball Properties, Inc., MLBAM, MLB Professional Development Leagues, LLC, each of the Major League Baseball clubs, including the Licensor (the “MLB Clubs”), each of the Minor League Baseball clubs, including the Tampa Tarpons (the “Minor League Clubs”), The MLB Network, LLC, and 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 MLB Clubs, Minor League Clubs or MLB and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the “MLB Parties”) and certain current and future sponsors, assignees and licensees of such MLB Parties will have the unrestricted, irrevocable, assignable right and license to use Licensee’s/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 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 or consideration, notification or permission, unless otherwise prohibited by applicable law.
(b) All Other Events: Licensee/Holder agrees that: (i) Licensee/Holder will not transmit or aid in transmitting any photographs, images, videos, audio, livestreams or other accounts or descriptions (whether text, data or visual), in any media, of all or any part of the Event to which the Ticket grants admission including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively, the “Event Information”); (ii) the Licensor and/or the Event promoter is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information related thereto; and (iii) Licensor and/or the Event promoter and 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 Licensor or the Event promoter and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the “Event Parties”) and certain current and future sponsors, assignees and licensees of such Event Parties will have the unrestricted, irrevocable, assignable right and license to use Licensee’s/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 or consideration, notification or permission, unless otherwise prohibited by applicable law.
11. WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION:
(a) Licensee recognizes that Licensee’s/Holder’s attendance at the Event is voluntary and may result in personal injury (including death, sickness and disease) and/or property damage. By using any Ticket covered by the License or by attending, observing or participating in the Event, Licensee/Holder acknowledges and assumes all risks and dangers associated with Licensee/Holder: (i) 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 (ii) 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, accidents, sickness and/or disease associated with crowds of people or the negligence or misconduct of other spectators.
(b) At any time before or during the Event, if a Licensee/Holder is concerned with the Seat, the Licensee/Holder should contact a Licensor representative; provided that: (i) any requested relocation is subject to availability; (ii) any alternate seat or standing location may be in a section and/or level of the Stadium and/or within a price category that is not in the same section and/or level and/or price category of the location identified on the Ticket; and (iii) any Licensee/Holder requesting relocation is responsible for paying the incremental price increase, if any, of the price for the available alternate location. Relocation to a seat or standing location at a lower price than the price of the original ticketed location will not result in a refund or credit.
(c) Licensee/Holder agrees that (i) the MLB Parties; (ii) FSL Bomber Baseball, L.L.C.; (iii) the owner and/or operator of the Facility and Event sponsors, contractors, vendors, operators, agencies and advertisers of the MLB Parties and the Facility; (iv) any local or state governmental body associated with the Facility including the State of Florida, Hillsborough County, the City of Tampa and Tampa Sports Authority (the “City Parties”); (v) the Ticket manufacturer, provider and/or agent; (vi) licensees, and retail, concession, broadcast and media partners of the MLB Parties; (vii) press and other media; (viii) vendors that may provide testing or medical services; (ix) entities and individuals providing accommodation and transportation to or from the Facility; (x) other entities and individuals who enter the Facility; and (xi) all past, present and future parent, subsidiary, affiliated and related companies and affiliates, successors, assigns, players, managers, coaches, employees, trustees, partners, members, directors, officers, owners, agents, licensees, representatives, insurers, servants, independent contractors and subcontractors of each of the foregoing entities listed in subsections (i) through (x) (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 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”).
(d) Licensee/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 which Licensee/Holder has or may have 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 Licensee/Holder from the Event appear, whether such recordings and photographs are captured prior to, during or subsequent thereto.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, LICENSEE/HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
LICENSEE/HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF LICENSEE/HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY MINOR(S), LICENSEE/HOLDER SHOULD IMMEDIATELY LEAVE THE FACILITY WITH SUCH MINOR(S).
(e) Licensee/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: (i) use of the Tickets; (ii) attendance at, observation of, and/or participation in the Event; (iii) acts or omissions; or (iv) breach of any of the terms, conditions or representations made in the License and T&Cs.
12. COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES:
(a) 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 INCLUDING THE FACILITY REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. LICENSEE/HOLDER AGREES TO: (i) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES; AND (ii) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE LICENSOR AND THE FACILITY.
Licensee/Holder acknowledges and agrees to comply with: (i) all relevant policies and protocols issued by the Licensor and/or the Facility, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available https://www.milb.com/tampa/ballpark/gmsfield 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 the Ticket and the ticketed Event date; and (ii) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
(b) FAN HEALTH PROMISE
(i) Licensee/Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this subsection), Licensee/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, Licensee/Holder agrees that Licensee/Holder 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.
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.
(c) RESALE TERMS AND POD INTEGRITY
(i) Licensee/Holder 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 Party(ies) and (C) terms regarding the resale or transfer of Tickets.
(d) ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
(i) Licensee/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 Facility. By using the Ticket, Licensee/Holder is acknowledging and confirming, both now and in the future, that Licensee/Holder understands and expressly assumes the risk that Licensee/Holder may be exposed to COVID-19 or other Communicable Disease. Licensee/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. Licensee/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 Licensee/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 Licensee’s/Holder’s decision to use the Ticket that cannot be eliminated.
(e) RELEASE OF LIABILITY AND COVENANT NOT TO SUE
(i) LICENSEE/HOLDER, ON BEHALF OF LICENSEE/HOLDER AND THEIR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, 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 (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THE TICKET, (B) PRESENCE AT THE FACILITY OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE LICENSOR OR OTHER RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (X) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES AND/OR (Y) THE INHERENT RISKS ASSOCIATED WITH VISITING THE FACILITY, INCLUDING, WITHOUT LIMITATION (I) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY LICENSEE/HOLDER, OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY LICENSEE/HOLDER; AND (II) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO LICENSEE/HOLDER.
(ii) The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are 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 these terms shall not be affected thereby and shall remain valid and fully enforceable.
(a) Licensee shall be in material default upon the occurrence of any of the following (each a “Default"): (i) Licensee fails to pay in full any portion of the full Purchase Price or any other amounts when due; (ii) any violation and/or breach of any Policy; (iii) Licensee or any Holder engages in any illegal activity or commits any material breach or repeat violation of any of the Agreement, License, T&Cs or Facility Rules; (iv) Licensee either voluntarily files for bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or any similar proceedings, as applicable, or involuntarily has a proceeding instituted against it and such proceeding is not dismissed within 30 days; and/or (v) Licensee makes a general assignment for the benefit of creditors.
(b) Upon the occurrence of any Default, Licensor may, in addition to all other rights and remedies that it may have, at its option and with or without notice to Licensee, do any of the following: (i) withhold distribution or void barcodes of Tickets or deny entry into the Facility until the Default is cured; and/or (ii) terminate the License.
(c) Licensor shall be entitled to recover from Licensee, and Licensee shall pay to Licensor: (i) all damages Licensor may incur by reason of the Default; (ii) all reasonable attorneys' and professionals' fees and expenses and litigation costs (including arbitration fees and costs) incurred in connection with the Default; and (iii) the costs and expenses incurred by Licensor to re-license the Seat(s). In addition to the foregoing, Licensee shall be responsible and liable for the applicable interest referred to in subsection 4(b), above, applied upon all of the foregoing.
(d) Licensee acknowledges that under Laws, Licensor is a "lost volume seller" with respect to the sale and purchase of Tickets. Licensor shall have no obligation to mitigate its damages as a result of any Default or failure or misrepresentation by Licensee. The decision whether to re-license any Tickets in the Seats and the terms and conditions pursuant to which any Tickets may be re-licensed shall be made by Licensor. Any amounts received by Licensor from any re-license of any Tickets after termination of the License shall not reduce any of Licensee's obligations and liabilities.
(e) The remedies contained herein are cumulative and shall not limit or exclude any other right or remedy set forth herein or otherwise available to Licensor at law or in equity, including Licensor's right to receive indemnification. No waiver by Licensor of any Default or breach by Licensee of its obligations hereunder shall be construed to be a waiver or release of any other subsequent Default or breach by Licensee hereunder and no failure or delay by Licensor in the exercise of any remedy provided for herein shall be construed to constitute a waiver thereof or of any other right or remedy available to Licensor.
14. MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”):
(a) Licensor cares deeply about maintaining good relationships with fans. If Licensee/Holder has a problem, 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, Licensee and Licensor agree to arbitrate any and all claims and disputes relating in any way to the Agreement, the License, the T&Cs the purchase or use of any Ticket Plan and/or Ticket, the participation in, attendance at, and/or observation of any Event by Licensee and any Holder (including any accompanying minor) (collectively, for purposes of this Arbitration Agreement, the “Covered Licensees”), and any related dealings between them, including claims of personal injury (including illness and death) or property damage arising out of attendance at and/or participation in any Event by any Covered Licensees (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of the 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 Covered Licensees nor Licensor will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Covered Licensees and Licensor would have in court will not be available or will be more limited in arbitration, including the right to appeal. Covered Licensees and Licensor each understand and agree that by requiring each other to resolve all disputes through individual arbitration, THE COVERED LICENSEES AND LICENSOR 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. Covered Licensees 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 Covered Licensees 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 Covered Licensees and Licensor agree that the Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, all Covered Licensees 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 Licensees will be responsible for paying Covered Licensee’s share of any Arbitration Fees, but only up to the amount of the filing fees Covered Licensees 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, Covered Licensees and Licensor may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Covered Licensees 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 License and T&Cs, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then the entire Arbitration Agreement shall be void. If any portion of the 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 the Arbitration Agreement. This Arbitration Agreement will survive the termination of the License and T&Cs and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
(f) LICENSEE HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT LICENSEE MUST EXERCISE THIS RIGHT PROMPTLY. If Licensee does not wish to be bound by the Arbitration Agreement, Licensee must notify Licensor by mailing a written opt-out notice, postmarked within seven (7) days after Licensee acknowledges acceptance of and agrees to be bound by these T&Cs. Licensee must send the request to: GMS Field, Attn: Ticket Office, Re: Arbitration, 1 Steinbrenner Drive, Tampa, Florida 33614. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in the Ticket Terms and Conditions.” If Licensee exercises the right to reject arbitration, the other terms of the License and T&Cs shall remain in full force and effect as if Licensee had not rejected arbitration.
(g) Prior to bringing a claim under the 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 one or more of Licensor shall be sent by mail to: GMS Field, Attn: Ticket Office, Re: Tickets Terms and Conditions 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.
LICENSEE IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY HOLDER (INCLUDING ACCOMPANYING MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN). IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF ANY ACCOMPANYING MINOR(S), LICENSEE SHOULD IMMEDIATELY LEAVE THE FACILITY WITH SUCH ACCOMPANYING MINOR(S).
15. GENERAL INFORMATION:
(a) All rosters, lineups, coaches and managers and Event dates, times and Seat(s) are subject to change. Licensor shall not be: (i) liable for any failure to and/or delay in performing and/or complying with its obligations under these T&Cs as a result (directly or indirectly) of any Force Majeure Event; and (ii) obligated to settle or vote to settle any strike, lockout or work stoppage or other labor disturbance (including any MLB strike or lockout) to avoid a Force Majeure Event from continuing.
(b) The number of innings in a Game shall be determined by the applicable MLB Parties and may be shortened by the applicable MLB Parties. Licensor makes no representation, warranty and/or guarantee that nine (9) innings will be played in any Game.
(c) 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 ejection and legal action.
(d) Licensor makes no representations or warranties concerning the condition of the Facility or its suitability for any particular purpose and Licensee/Holder accepts the Facility “AS IS.”
(e) THE AGREEMENT, LICENSE AND T&CS SHALL BE GOVERNED AND CONSTRUED BY FLORIDA LAW, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF.
(f) IN NO EVENT WILL LICENSOR AND/OR ANY OTHER RELEASED PARTY BE LIABLE TO LICENSEE, HOLDER OR ANY TICKET PURCHASER 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.
(g) No general partner of Licensor shall have any personal liability with respect to any of Licensor's obligations under the Agreement, License and/or T&Cs by reason of his/her/its/theirs status as general partner. In addition, no limited partner, member, officer, director, stockholder or other holder of any ownership interest of or in Licensor shall have any personal liability with respect to Licensor's obligations under the T&Cs by any reason of his/hers/its/theirs status as limited partner, member, officer, director, stockholder, interest holder or otherwise.
(h) The License and any other licenses that may be granted by Licensor shall in all respects be subordinate to: (i) rules and policies of MLB and its related companies; and (ii) the Policies, including the Facility Rules, all as may be amended.
(i) This Agreement and these T&Cs contain the entire understanding of the parties with respect to the matters provided for herein and supersede any representations previously made or entered into by either party (whether oral or written). No amendment, modification or waiver to this Agreement and these T&Cs shall be valid or enforceable unless in writing and signed by both parties. Licensor's exercise of any decision, determination, grant and/or reservation of right shall be at Licensor's sole and absolute discretion. Whenever the words “include”, “includes”, or “including” are used, they shall be deemed to be followed by the words “without limitation” and/or “but not limited to”.
(j) Additional terms and conditions may apply.
For purposes of these T&Cs and the License, unless otherwise defined herein or the context requires a different definition, the following terms shall have the following meanings:
“Accompanying Party” means any party accompanying Licensee/Holder including any person admitted into the Facility by the Ticket (each of whom Licensee/Holder represents have authorized Licensee/Holder to act on their behalf in accepting the applicable T&Cs).
“Account” means the Ticket Account covered by the License.
“Club” means the New York Yankees Baseball Club.
“Facility” means the Stadium and the Himes Player Development Complex located in Tampa, Florida, and areas surrounding the Facility, including parking lots.
“Event(s)” mean(s) all charitable, religious, civic, political, sport (including any Game), entertainment and other events held in the Facility.
“Force Majeure Event” means any of the following: (i) act of God; (ii) Health Emergency; (iii) hostility (whether war is declared or not), civil war, rebellion, revolution, insurrection, act of terrorism or enemy action; (iv) military or usurped power or confiscation, nationalization or national, state and/or local government sanction, regulation, restriction or emergency (declared or undeclared); (v) riot, crime or civil commotion; (vi) unavoidable casualty, fire or earthquake; (vii) interruption or failure of electricity or utilities, electrical, utilities or mechanical difficulty, inability to obtain labor, lack of materials, strike (regardless of the cause), lockout, work stoppage or other labor disturbance; (viii) order by the MLB; (ix) adverse weather condition (e.g., rain, snow, lightning, etc.); or (x) any other cause or condition, whether similar or dissimilar to any of the foregoing, beyond the reasonable control of Licensor.
“Game(s)” mean(s) the applicable baseball game to which the Ticket provides entry into the applicable Facility.
“Health Emergency” means disease (including Communicable Disease), plague, famine, epidemic, pandemic, public health emergency, contagions and/or communicable diseases irrespective of cause that results in a national, state and/or local crisis, quarantine, public health emergency and/or extraordinary public security or health measures (such as shelter-in-place, stay-at-home or social distancing directives) declared by any national, state and/or local government or regulatory body and/or the governing body for the Games.
“Holder” means the holder of any Ticket including any accompanying minor and any Accompanying Party.
“Laws” mean applicable federal, state or local laws, statutes, rules, directives, regulations and ordinances.
“Person” means an individual or other legal entity.
“Purchase Price” means the price fixed at the time of sale by the Licensor for admission to the Facility and printed or endorsed on each Ticket.
“Regular Season” means the Tampa Tarpons regular season as established, changed and/or modified by MLB.
“Seat” means the Section, Row and Seat in the Stadium identified on the Ticket.
“Spring Training Season” means the Club’s spring training season as established, changed and/or modified by MLB.
“Stadium” means George M. Steinbrenner Field located in Tampa, Florida.
“Ticket(s)” mean(s) any evidence of the right of entry to the Stadium or Facility sold by the Licensor or Licensor’s agent expressly authorized to make the first sale of such evidence of the right of entry to the Stadium or Facility. Each Ticket represents a separate License that only permits the Holder the right to: (i) enter the publicly-accessible areas of the Stadium or Facility at times determined by Licensor; (ii) attend the Event identified on the Ticket; and (iii) sit in the seat location identified on the Ticket.
“Ticket Plan” means the plan pursuant to which the Tickets are licensed by Licensee and includes Season Tickets, Group Tickets, Suite Tickets and General Seating Tickets.