Purchase Terms and Conditions
TICKET PURCHASE AGREEMENT TERMS AND CONDITIONS
EFFECTIVE AS OF OCTOBER 11, 2018
All payments for the tickets are nonrefundable. Licensee shall not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to the Packages and/or Additional Elements.
LICENSEE ACKNOWLEDGES AND AGREES THAT ALL SALES ARE FINAL. LICENSEE FURTHER AGREES THAT NO PARTIAL OR FULL REFUNDS, CANCELLATIONS OR EXCHANGES, FOR ANY REASON, WILL BE MADE, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. ALL PAYMENTS OF THE TOTAL PACKAGE FEE ARE NONREFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.
The Total Ticket Fee is inclusive of all applicable sales or use taxes. Accordingly, unless determined otherwise by a legitimate taxing authority, Licensee shall not be liable for additional payment of sales or use taxes. Notwithstanding the foregoing, Licensee shall pay and/or be responsible for paying any applicable taxes not included in the Total Ticket Fee regardless of when or upon whom such taxes may be levied, assessed or imposed by any such legitimate taxing authority. If such taxes are not collected directly from Licensee by any such legitimate taxing authority and paid by Licensor directly, all such taxes shall be immediately due and payable by Licensee to and upon demand by Licensor. Licensee shall reimburse Licensor for any fees, penalties or interest paid by Licensor with respect to such sales or use taxes.
Each Ticket represents a revocable license (‘License’) to access the State Farm Arena (‘Venue’) solely for the Event (as defined below). Event shall mean each and every night of the Bud Light Super Bowl Music Festival (collectively the ‘Event’). By using a Ticket for admission to attend the Event or any Event, each Ticketholder (‘Ticketholder’), on his/her own behalf and on behalf of any Minor agrees to these terms and conditions as well as those on the reverse of any Ticket. Admission may be refused or withdrawn or Ticketholder ejected in the sole discretion of the NFL, Arena or Licensor, as applicable. The sole and exclusive remedy if admission is refused or withdrawn is a refund of the face value of the Ticket. Licensor reserves the right to terminate the License and this Agreement by tendering to Licensee the Total Ticket Fee. Further, the NFL, Arena and OLE Entities reserve the right, in their sole discretion, with or without refunding any amount paid to revoke the License and refuse admission to and/or eject Ticketholder and/or Minors who: (a) violates the terms and conditions of this Agreement; (b) is or appears to be impaired or intoxicated by illegal substances or alcohol; (c) deliberately conceals alcohol, illegal substances and/or other prohibited items while attempting to enter the Venue; (d) behaves in a manner that is deemed by any of the Released Parties (as defined below) to be improper, disorderly or unbecoming; (e) uses foul and/or abusive language; or (f) displays and/or wears and fails to cover obscene, indecent and/or inappropriate clothing. Ticketholder and his/her belongings may be searched prior to or upon entry into the Venue, and prohibited items may be confiscated. Licensee and Ticketholder, on his/her own and the Minors’ behalf, consents to all reasonable security searches and/or screenings, including the use of metal detectors and physical pat-downs upon entering the Venue, as applicable, and waives all claims against the Released Parties (as defined below) related thereto. Ticketholder must comply with the NFL’s, Arena’s and/or Licensor’s security policies, including any applicable bag policy. If Ticketholder elects not to consent to these searches or comply with these security policies, Ticketholder acknowledges that the NFL, Arena and/or Licensor have the right to deny Ticketholder entry to the Event and/or Events. No refund or other remedy will be provided if Ticketholder is ejected or refused entry due to disorderly conduct or failure to comply with these terms and conditions or any security policies prior to or following entry into the Venue. Licensor, Arena and the NFL make no representations or warranties concerning, without limitation, the condition of the Venue or such Venue’s suitability for any particular purpose, and, Licensee, Ticketholder, on his/her own and the Minors’ behalf, accepts the Venue ‘as is.’ Ticketholder may be relocated to an alternative seating location in the sole discretion of the NFL, Arena and/or Licensor and no such relocation shall entitle Licensee or Ticketholder to a refund, make-good or other remedy if Ticketholder is relocated to a comparable seating location in the Venue.
The NFL, Arena and Licensor strive to provide an accessible environment for all fans. Wheelchair accessible and aisle-transfer (semi-ambulatory) seating locations are offered at various price points and locations, subject to availability. Enhanced accessibility for Ticketholders with hearing loss or low vision and for Ticketholders who are deaf or blind may also be available. In the event such a seating location is required, Licensee must notify Licensor at or before the time of purchase. Please select the location or price point that best fits your needs. For more details regarding wheelchair accessible and/or aisle-transfer seating locations, please call (800) 683-4846.
RESALE/TRANSFER OF PACKAGE
Except to the extent permitted by applicable federal, state or local law, statute, regulation or ordinance, Tickets may not be resold or offered for resale without Licensor’s consent, which may be withheld, conditioned or delayed. Any resale in violation of applicable law will invalidate this Agreement and revoke the License granted hereunder. Furthermore, Licensee shall not use Packages (or any element thereof) or the Restricted Marks (as defined below) for advertising, marketing, promotions or any other commercial purposes, including, without limitation, contests, auctions, sweepstakes and giveaways, without the express written consent of the NFL and Licensor, which may be withheld, conditioned or delayed. No Ticketholder may enter the Venue for, advertising, promotion or any other commercial purposes without the NFL’s, Arena’s or Licensor’s express written consent.
Tickets will be delivered to Licensee in accordance with the policies established by Licensor or its Third-Party Ticket Provider (Ticketmaster). Neither the NFL, Arena nor Licensor is responsible for lost, stolen, or destroyed Tickets.
CANCELLATION OR RESCHEDULING
The location, date and time of the Event and any other Events are subject to change by the NFL, Arena or Licensor, respectively, in each of their sole discretion, and no such change shall entitle Licensee or Ticketholder to a refund or any other remedy in the event that Licensee or Ticketholder cannot attend the Event and/or other Event for any reason due to such change. Any element of the Event may be cancelled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in the NFL’s, Arena’s or Licensor’s sole discretion, as applicable, or due to the actions or events beyond the reasonably foreseeable control of the NFL, Arena or Licensor. Neither the NFL, Arena nor Licensor will be liable to Licensee or any other party because of any failure to perform hereunder due to fire, earthquake, rain, flood, or any other acts of God, power failures, electrical or mechanical difficulties, strikes, lockout, work stoppages or other labor disturbances, governmental regulations or restrictions, terrorism, war, civil disturbances or any other cause or condition, whether similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of the NFL, Arena or Licensor (“Force Majeure”) . Delay in the performance of this Agreement caused by any Force Majeure shall not constitute a breach of this Agreement or a ground for cancellation, suspension or termination hereof. Without limiting anything set forth in this Section, a ticket to the Event is not for a specific artist or aspect of the Event. Artists, schedules, production elements, amenities, and all other aspects of the Event are subject to change without notice and without grounds for refund. If we issue you a refund for a ticket due to a canceled or postponed event per the terms contained herein, we will issue a refund of the Ticket’s face value paid. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
You acknowledge and agree that by purchasing a Ticket to the Event and/or attending the Event and/or using any corresponding amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at the Event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; and (g) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING: You or the Ticketholder may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, fireworks, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the Event premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
LIMITATION OF LIABILITY
BY ENTERING INTO THIS AGREEMENT, LICENSING AND ACCEPTING THE PACKAGE OR ANY ELEMENT THEREOF, LICENSEE (AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS) AND EACH TICKETHOLDER AGREES THAT LICENSOR; THE NFL ENTITIES; THE OLE ENTITIES; THE ARENA ENTITIES AND THEIR RESPECTIVE PARENT COMPANY, SUBSIDIARIES, AFFILIATES, VENDORS, DISTRIBUTORS, AGENCIES AND OTHER PARTIES INVOLVED IN THE EXECUTION OF THE EVENT, DELIVERY OF THE TICKETS OR ANY ELEMENT THEREOF; EACH OF THE FOREGOING ENTITIES RESPECTIVE PAST, PRESENT AND FUTURE LICENSEES, SPONSORS, VENDORS, SUCCESSORS AND ASSIGNS; THE OWNER AND/OR OPERATOR OF THE VENUE; ANY LOCAL OR STATE GOVERNMENTAL BODY ASSOCIATED WITH THE EVENT AND ANY CLUB’S PLAYERS, COACHES AND EMPLOYEES (THE “RELEASED PARTIES”) SHALL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER LOSS SUFFERED BY TICKETHOLDER AND/OR MINORS OR LICENSEE (AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS), FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, THEFT OR VANDALISM, ARISING FROM PARTICIPATION IN, ATTENDANCE AT AND/OR OBSERVATION OF THE EVENT AND/OR ANY EVENT AND/OR THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, INCLUDING 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 TICKETHOLDER AND/OR MINORS FROM THE EVENT AND/OR ANY EVENT APPEAR, WHETHER SUCH RECORDINGS AND PHOTOGRAPHS ARE CAPTURED PRIOR TO, DURING OR SUBSEQUENT TO THE EVENT OR OTHER EVENTS (COLLECTIVELY, THE “RELEASED CLAIMS”). LICENSEE AND EACH TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, HEREBY RELEASES AND FOREVER DISCHARGES THE RELEASED PARTIES FROM AND AGAINST ALL RELEASED CLAIMS. FURTHERMORE, LICENSEE AND EACH TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, COVENANTS NOT TO SUE ANY OF THE RELEASED PARTIES IN CONNECTION WITH ANY OF THE RELEASED CLAIMS. BY ATTENDING THE EVENT AND/OR ANY EVENT, TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT TICKETHOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE MINORS, TICKETHOLDER SHOULD NOT ENTER THE VENUE OR IMMEDIATELY LEAVE WITH THE MINORS. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL ANY LIABILITY OF ANY OF THE RELEASED PARTIES EXCEED THE TOTAL PACKAGE FEE, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
ASSUMPTION OF RISK
TICKETHOLDER ACKNOWLEDGES AND ASSUMES ALL RISKS AND DANGERS ASSOCIATED WITH ATTENDING THE EVENT AND/OR ANY EVENT WHETHER ANY SUCH RISK OR DANGER OCCURS PRIOR TO, DURING OR SUBSEQUENT THERETO.
THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE TICKET OR LICENSEE’S USE OF ANY ELEMENTS THEREOF. THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS MADE BY ANY THIRD-PARTY SALES AGENT OR OTHER THIRD PARTIES IN ANY BROCHURES OR OTHER SALES MATERIALS.
VOICE AND LIKENESS RELEASE
Licensee and each Ticketholder, on behalf of him/herself and the Minors, agree that: (a) Ticketholder and Minors will not transmit or aid in transmitting any photographs, images, videos, or other accounts or descriptions (whether text, data or visual) in any media of all or any part of the Event and/or any Event for commercial purposes (collectively, the “Works”); (b) the Data Parties are the exclusive owner(s) of all copyrights and other proprietary rights in the Event, any Event and the Works and (c) the Data Parties and their respective sponsors, assignees and licensees will have the unrestricted right and license to use Ticketholder’s and/or Minors’ 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, Event or other transmission, distribution, public performance, or reproduction in whole or in part thereof, 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. Ticketholder agrees that by using any Ticket for entry to the Event and/or applicable Event, Ticketholder shall be understood to have accepted the terms and conditions of this Agreement and granted the Data Parties an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works. Licensee and each Ticketholder, on behalf of him/herself and the Minors, grants to the Data Parties and their respective broadcasters and other designees the irrevocable permission to use his or her voice, image, and/or likeness in any media now or hereafter existing in connection with all or any part of the Event and/or applicable Event, for any purpose whatsoever, including the commercial purposes of the Data Parties and their respective sponsors, licensees, advertisers and/or broadcasters, without further permission or compensation and hereby waives all claims or potential claims relating to such use. The rights granted herein to the Data Parties are assignable.
NO TRANSFER OF INTELLECTUAL PROPERTY
Licensee and each Ticketholder shall not use, display or exploit any trademarks, copyrights, trade dress, names, symbols, service marks, emblems or logos of, or other indicia adopted for commercial purposes by Licensor (the “OLE Marks”) or the NFL Entities, including names, symbols, emblems, designs and colors of the NFL and its Clubs, including without limitation the terms “National Football League”, “NFL”, “National Football Conference”, “American Football Conference”, “NFC”, “AFC”, “Super Bowl”, “Pro Bowl”, “NFL Draft”, “NFL International Series”, any associated logos and the NFL Shield design, as well as the full names, nicknames, helmet designs, uniform designs, logos and slogans of the Clubs and any other indicia adopted for commercial purposes by any of the NFL Entities, and all goodwill pertaining thereto (“NFL Marks” together with OLE Marks, the “Restricted Marks”). Nothing herein grants Licensee the right to use the Restricted Marks, which are and shall remain the sole property of Licensor or the NFL Entities, as applicable. Licensee acknowledges and agrees that all right, title and interest in and to the Restricted Marks belongs exclusively to Licensor, the NFL and Clubs, respectively. Licensee agrees that the Restricted Marks possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained by their unauthorized use. Licensee recognizes that irreparable injury would be caused by unauthorized use of any Restricted Marks, and agrees that Licensor or the NFL shall have the right to seek injunctive and other equitable relief in the event of such unauthorized use, and that such remedy would not be exclusive of other legal remedies available to Licensor or the NFL. Licensee shall not challenge the validity or ownership of trademarks, copyrights or other proprietary rights associated with the Restricted Marks.
Licensee will indemnify, defend and hold harmless the Released Parties from and against all third-party 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) this Agreement, (ii) Ticketholder’s and/or Minors’ attendance at, observation of and/or participation in the Event and/or any Event, (iii) Licensee’s (and its employees, agents, representatives, invitees or guests) acts or omissions, or (iv) Licensee’s (and its employees, agents, representatives, invitees or guests) actual or alleged breach of any of the terms, conditions of this Agreement. No partner, investor, officer, director, member, manager, stockholder or other holder of an ownership interest of or in any Released Party shall have any personal liability in respect of such Released Party’s obligations hereunder by reason of his or its status as such limited partner, investor, officer, director, member, manager, stockholder, or other interest holder.
Nothing in this Agreement will create any association, partnership, joint venture or agency relationship between any of the Released Parties and Licensee. Licensee shall not have the power to obligate or bind the Released Parties in any manner. Licensor and Licensee each represents and warrants that such party has the right, power and legal authority to enter into and fully perform this Agreement, and that this Agreement, when executed and delivered by such party will be a legal, valid and binding obligation enforceable against such party in accordance with its terms and conditions. Each party further covenants to comply with all applicable federal, state and local laws, rules and regulations in connection herewith.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (‘ARBITRATION AGREEMENT’)
Licensor cares deeply about maintaining a good relationship with its customers. If Licensee has any issue with the Package or any element thereof (“Dispute”), a telephone call to Licensor’s customer service department will, in all likelihood, resolve the Dispute quickly and amicably; however, there may be instances when a Dispute requires special attention. In such instances, Licensor is committed to working with Licensee to reach a reasonable resolution that satisfies both parties. Licensor can only do so once Licensee brings the Dispute to Licensor’s attention. Therefore, for any Dispute that Licensee may have with Licensor, Licensee acknowledges and agrees to first give Licensor a reasonable opportunity to resolve the Dispute. Therefore, Licensee shall first send a written description of the Dispute to: On Location Events, LLC, 805 Third Avenue, 31st Floor, New York, New York 10022, Attention: Legal Department. Furthermore, Licensee agrees to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after providing notice thereof. If Licensor does not resolve the Dispute within sixty (60) days from receipt of notice thereof, the parties with may pursue a claim in arbitration pursuant to the following terms: Licensee agrees that the sole and exclusive forum and remedy for any Dispute or claims against the Released Parties that cannot be resolved informally and that relate in any way to or arise out of the Package or this Agreement, shall be final and binding arbitration, except to the extent that Licensee has in any manner infringed upon or violated or threatened to infringe upon or violate any Released Parties’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case Licensee acknowledges that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Released Party and/or the applicable third party(ies). The parties hereto acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law apply to arbitrations hereunder (despite any other choice of law provision). Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s supplementary procedures for consumer-related disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in section c-8 of the Supplementary Procedures; for claims exceeding $75,000, the AAA’s commercial arbitration rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Furthermore, if Licensee’s claims do not exceed $75,000 and Licensee has provided notice to and negotiated in good faith with Licensor as described above, if the arbitrator finds that Licensee is the prevailing party in the arbitration, Licensee will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Licensor or Licensee. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA and may be entered in any court having jurisdiction over the parties for purposes of enforcement. The parties hereto shall initiate arbitration in New York County, New York. This section shall survive any termination of this Agreement or the provision of the associated benefits or services to Licensee. The parties agree that any Dispute or claim filed in small claims court are not subject to the arbitration terms contained herein.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN THIRTY (30) DAYS. IF LICENSEE DOES NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, LICENSEE MUST NOTIFY LICENSOR IN WRITING WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE. WRITTEN NOTIFICATION MUST BE MAILED TO ON LOCATION EVENTS, LLC, 805 THIRD AVENUE, 31ST FLOOR, NEW YORK, NEW YORK 10022, ATTENTION: LEGAL DEPARTMENT AND MUST INCLUDE: LICENSEE’S NAME, ADDRESS AND ACCOUNT NUMBER, IF ANY, AND A CLEAR STATEMENT THAT LICENSEE DOES NOT WISH TO RESOLVE ANY DISPUTE THROUGH ARBITRATION.
JURY AND CLASS ACTION WAIVER. BOTH PARTIES AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, TO WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH LICENSEE AND THE ENTITY WITH WHICH LICENSEE HAS A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. FURTHERMORE, LICENSEE AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY DISPUTE, CLAIM OR CAUSE OF ACTION THAT LICENSEE MAY HAS ARISING OUT OF OR RELATED TO THIS AGREEMENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA LICENSEE’S ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.
BY ATTENDING THE EVENT OR ANY EVENT, TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, IS DEEMED, AS PARENT OR GUARDIAN OF THE MINORS OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN, TO HAVE AGREED TO THIS ARBITRATION AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT TICKETHOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AN AGREEMENT ON BEHALF OF THE MINORS, TICKETHOLDER SHOULD NOT ENTER THE VENUE WHERE THE EVENT OR EVENT IS BEING HELD OR IMMEDIATELY LEAVE SUCH VENUE WITH THE MINORS.
CHOICE OF LAW/JURISDICTION
THIS AGREEMENT AND ANY DISPUTE ARISING HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. NOTWITHSTANDING THE ARBITRATION AGREEMENT, EACH PARTY CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, UNLESS NO FEDERAL JURISDICTION EXISTS, IN WHICH CASE EACH PARTY CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY, STATE OF NEW YORK. THE PARTIES WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NONCONVENIENS. PROCESS MAY BE SERVED ON EITHER PARTY IN THE MANNER AUTHORIZED BY APPLICABLE LAW OR COURT RULE. IN ANY ACTION OR SUIT TO ENFORCE ANY RIGHT OR REMEDY UNDER THIS AGREEMENT OR TO INTERPRET ANY PROVISION OF THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES. EACH OF THE PARTIES HEREBY ACKNOWLEDGES AND CONFIRMS THAT SERVICE OF ANY PROCESS, SUMMONS, NOTICE OR DOCUMENT BY U.S. CERTIFIED RETURN RECEIPT REQUESTED MAIL TO SUCH PARTY’S RESPECTIVE ADDRESS SET FORTH HEREIN SHALL BE EFFECTIVE SERVICE OF PROCESS FOR ANY ACTION, SUIT OR PROCEEDING IN THE STATE WITH RESPECT TO ANY MATTERS FOR WHICH IT HAS SUBMITTED TO JURISDICTION PURSUANT HERETO AND WILL TO THE FULLEST EXTENT ENFORCEABLE BY LAW, BE VALID PERSONAL SERVICE UPON AND PERSONAL DELIVERY TO IT. BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES ARISING HEREUNDER.
Licensee may not assign rights or obligations hereunder without the prior written consent of Licensor. Licensor may freely assign this Agreement and shall be fully released from any liability hereunder in the event of such assignment. This Agreement is for the sole benefit of the parties and their permitted assigns and nothing herein, express or implied, is intended to or confers upon any other person or entity (other than the NFL and Arena Entities) any legal or equitable right, benefit or remedy of any nature whatsoever under or due to this Agreement.
If any term or condition of this Agreement is deemed invalid, illegal or incapable of being enforced by any rule of law or public policy, all other terms and conditions hereof will remain in full force and effect. Upon such determination that any term or condition is invalid, illegal, or incapable or being enforced, the parties will, if necessary, negotiate in good faith to modify this Agreement so as to give effect to the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible. No amendment to or modification of this Agreement shall be effective unless in writing and executed by Licensor and Licensee.