TICKET TERMS, ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT
IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE (“LICENSE”)
HOLDER ACCEPTS RISK OF INJURY; THIS TICKET LIMITS HOLDER’S LEGAL RIGHTS
The terms and conditions of your ticket have been updated to address circumstances related to COVID-19, read them at the end of the document.
All tickets (each, a “Ticket”) for New York City Football Club, LLC (“New York City FC”) matches, and other events (each an “Event”) and their holders are subject to New York City FC’s Ticket Policy, all Stadium (defined below) Rules of Conduct, and all other policies and guidelines as detailed herein.
Each Ticket is the property of New York City Football Club, LLC. Each Ticket is a revocable license that may be revoked at the sole discretion of New York City FC, with or without cause, at any time, in which case the holder of the Ticket may be refused admission to Yankee Stadium or any other facility at which the applicable Event is being held (the “Stadium”).
New York City FC reserves the right to refuse admission or eject from the Stadium any person who violates any New York City FC, Major League Soccer or Stadium rules, regulations or policies, whose conduct is deemed disorderly or for the protection of Stadium patrons. All persons seeking entry into the Stadium specifically consent to and are subject to metal detector and physical pat-down inspections prior to entry. New York City FC and Major League Soccer, L.L.C and its affiliates (“MLS”) reserves the right to inspect any bags, clothing or other articles prior to entry into the Stadium and to prohibit entry or require removal of any items that New York City FC deems inappropriate or potentially injurious to the Stadium, other patrons of the Stadium or field personnel. All bags may be thoroughly searched.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY IF ADMISSION IS REFUSED OR REVOKED, IS A REFUND UP TO THE TICKET PRICE SET BY NEW YORK CITY FC (the “Face Value”), UNLESS OTHERWISE PROVIDED BELOW. IN NO EVENT SHALL NEW YORK CITY FOOTBALL CLUB OR MLS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS TICKET SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. HOLDER AND MANAGEMENT EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
IN THE EVENT OF A CANCELLATION, RESCHEDULING OR RELOCATION OF AN EVENT, NEW YORK CITY FC AND/OR MLS SHALL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY TICKET SO LONG AS THE PURCHASER OF THE TICKET IS GIVEN THE RIGHT, WITHIN TWELVE MONTHS OF THE ORIGINALLY SCHEDULED DATE OF THE EVENT, TO ATTEND A RESCHEDULED PERFORMANCE OF THE SAME EVENT OR TO EXCHANGE THE TICKET FOR ANOTHER TICKET THAT IS COMPARABLE IN PRICE AND LOCATION TO ANOTHER SIMILAR EVENT, AS DESIGNATED BY NEW YORK CITY FC IN ITS SOLE DISCRETION.
Any direct or indirect sale, resale, auction, assignment, or transfer of any Ticket (collectively, “Resale”) must be done in accordance with all applicable laws. Any Resale or attempted Resale of any Ticket in violation of any applicable law violates New York City FC’s Ticket Policy and will entitle New York City FC and/or MLS to revoke the Ticket and/or cancel the Ticket holder’s account immediately without having to refund the face value of the Ticket. New York State law prohibits the resale of any Tickets within one thousand five hundred feet from the physical structure of any Stadium located in New York State.
Tickets may not be used for advertising, promotion (including contests, giveaways, or sweepstakes) or other trade or commercial purposes without the express written consent of New York City FC.
BY USING A TICKET, THE TICKET HOLDER AGREES THAT: (A) HE OR SHE SHALL NOT TRANSMIT OR AID IN TRANSMITTING ANY INFORMATION ABOUT THE EVENT TO WHICH THE TICKET GRANTS ADMISSION, INCLUDING, BUT NOT LIMITED TO, ANY ACCOUNT, DESCRIPTION, RESULTS, PICTURE, VIDEO, AUDIO, REPRODUCTION OR OTHER INFORMATION CONCERNING THE EVENT (COLLECTIVELY, "EVENT INFORMATION"); (B) NEW YORK CITY FC, MAJOR LEAGUE SOCCER, L.L.C. AND/OR SOCCER UNITED MARKETING, LLC IS THE EXCLUSIVE OWNER OF ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE EVENT AND ALL EVENT INFORMATION; AND (C) NEW YORK CITY FC, THE OTHER PARTICIPATING CLUB, MAJOR LEAGUE SOCCER, L.L.C., SOCCER UNITED MARKETING, LLC AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES SHALL HAVE THE UNRESTRICTED RIGHT AND/OR LICENSE TO USE OR GRANT ANY OTHER PARTY THE RIGHT TO USE THE HOLDER’S VOICE, IMAGE OR LIKENESS, INDIVIDUALLY OR AS PART OF A CROWD, SHOT WITH OR WITHOUT OTHER ATTENDEES OF THE EVENT, AND THAT SUCH HOLDER’S VOICE, IMAGE OR LIKENESS MAY BE INCLUDED IN ANY FOOTAGE, PHOTOGRAPH, POSTER, ADVERTISEMENT OR RECORDING OF THE EVENT, IN EACH CASE, VIA ANY MEDIA AND FOR ANY PURPOSE IN PERPETUITY.
Each purchaser or holder of a Ticket consents to New York City FC and its agents sharing information about him or her and his or her account with Major League Soccer, L.L.C., Soccer United Marketing, LLC, any of New York FC’s affiliated and subsidiary companies and their respective sponsors, advertisers, promotional and/or marketing partners. Each purchaser or holder of a Ticket hereby authorizes New York City FC to share such information with others to the extent permitted by law.
DURING ALL PRACTICES, WARM-UPS AND THE COURSE OF THE EVENT, BALLS MAY BE KICKED, THROWN OR HIT INTO THE STANDS. FOR EVERYONE'S SAFETY, PLEASE STAY ALERT AND BE AWARE OF YOUR SURROUNDINGS. ANY GUEST WHO IS CONCERNED WITH HIS OR HER SEAT LOCATION SHOULD CONTACT ANY NEW YORK CITY FC CUSTOMER SERVICE REPRESENTATIVE FOR AN ALTERNATE SEAT LOCATION.
EACH TICKET HOLDER VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), LOSS OF PERSONAL PROPERTY AND ALL OTHER HAZARDS INCIDENTAL TO THE GAME OF SOCCER OR OTHERWISE ARISING FROM OR RELATED IN ANY WAY TO THE EVENT, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT. MORE SPECIFICALLY, BY USING A TICKET, THE HOLDER OF THE TICKET HEREBY ASSUMES ALL RISK OF INJURY RESULTING FROM OR IN CONNECTION WITH THE EVENT, INCLUDING, WITHOUT LIMITATION, THE RISK OF CONTRACTING A COMMUNICABLE DISEASE OR ILLNESS (INCLUDING EXPOSURE TO A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), THE RISK OF INJURY OR DEATH, HOWEVER CAUSED, WHETHER BY EVENT PARTICIPANT OR DUE TO THE NEGLIGENCE OR MISCONDUCT OF OTHER SPECTATORS, AND THE RISKS OF LOST, STOLEN OR DAMAGED PROPERTY. EACH TICKET HOLDER AGREES THAT NEW YORK CITY FC, MAJOR LEAGUE SOCCER, L.L.C., SOCCER UNITED MARKETING, LLC, THE STATE OF AND CITY OF NEW YORK, THE PROMOTER(S) AND PARTICIPANTS INVOLVED IN THE EVENT, AND EACH OF THEIR RESPECTIVE EMPLOYEES, PLAYERS, MUSICIANS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, DIRECT AND INDIRECT OWNERS, AFFILIATES, SPONSORS, CONTRACTORS AND OTHER AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM SUCH CAUSES.
Each Ticket holder agrees to abide by all applicable rules, regulations and policies established from time to time by New York City FC, Major League Soccer, L.L.C. and the Stadium, including without limitation, the New York City FC Fan Code of Conduct, any applicable New York City FC policies and any applicable Stadium rules and policies, including without limitation any Yankee Stadium policies that apply while New York City FC plays its home matches at Yankee Stadium. Each Ticket holder further acknowledges that he or she will be bound and agree to abide by any modification or amendment of any of such rules, regulations and policies that may be adopted from time to time.
Each purchaser or holder of a Ticket acknowledges and agrees that he or she has no expectation, nor any right or privilege, whether implied or otherwise, to purchase or receive Tickets for any game or event other than the Event for which the Ticket has been issued, or for any subsequent season(s), or for any rescheduled game or event held at any location other than the location for which the Ticket has been issued, including, without limitation, any right to renew any membership, season ticket or other license for any subsequent season(s).
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 AS WELL AS A CIVIL PENALTY OF UP TO $25,000. VIOLATORS WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
New York City FC reserves the right at any time, without notice, to modify, amend or supplement any of the foregoing terms, conditions, and policies in its sole discretion.
COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses
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 STADIUM REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. TICKET HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF ANY ACCOMPANYING MINOR(S) (COLLECTIVELY, THE “HOLDER”) AGREES TO: (a) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES; AND (b) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE NEW YORK CITY FC AND THE STADIUM.
Holder acknowledges and agrees to comply with: (a) all relevant policies and protocols issued by the Club and/or the Stadium, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this ticket and the ticketed event date; and (b) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
COVID-19 Health Promise
In order to help mitigate the risk of transmission of the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) and other contagious illnesses, Holder agrees to the following:
Stay-at-home: Holder agrees that neither Holder, nor anyone in Holder’s party, will attend any Event if any one or more of the following is true on the day of such Event:
- Within the 14 days prior to the Event, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
- Within the 48 hours prior to the Event, Holder has (or any person in Holder’s party or with whom Holder has close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention or Health Canada, as applicable);
- Within the 14 days prior to the Event, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) traveled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
Ticket Block/Pod Integrity: To help maintain social distancing guidelines, Holder agrees that Holder will use his or her best efforts to not sell, transfer (if available) or otherwise provide any of Holder’s tickets to anyone other than family with whom Holder has been sheltering (or other trusted acquaintances), unless Holder is selling, transferring (if available) or otherwise providing all such tickets (i.e., Holder’s full block/pod of tickets) to one party.
PLEASE READ CAREFULLY BEFORE ACKNOWLEDGING YOUR CONSENT TO THESE TERMS. THIS ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT (THIS “AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to enter and remain at Yankee Stadium or any other facility at which an New York City Football Club match is being held, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the “Stadium”) for a home game or other event of New York City FC, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, and other persons acting or purporting to act on my or their behalf (collectively, “Related Persons”), hereby acknowledge and agree as follows:
- Acknowledgments of COVID-19 and Other Risks. I fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented from time to time by New York City Football Club, LLC, Major League Soccer, L.L.C. and its affiliate, the City of New York (collectively, the “Team Entities”) and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Stadium Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, family members, and other contacts; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO MY ENTRY INTO, AND PRESENCE IN, THE STADIUM, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES. I ACCEPT PERSONAL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITY, AND OTHER LOSSES THAT I OR ANY OF MY RELATED PERSONS MAY INCUR IN CONNECTION WITH THE FOREGOING RISKS.
- Release, Waiver of Liability, and Covenant Not to Sue. (A) ON BEHALF OF MYSELF AND EACH OF MY RELATED PERSONS, I HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASE, WAIVE, AND DISCHARGE (AND COVENANT NOT TO SUE), EACH AND ALL OF THE RELEASED PARTIES FROM (OR WITH RESPECT TO) ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION, AND CLAIMS FOR DAMAGES, WHETHER PAST, PRESENT, OR FUTURE, AND WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH MY DEATH, PERSONAL INJURY, ILLNESS, DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, WHICH I OR ANY OF MY RELATED PERSONS MAY HAVE OR HEREAFTER ACCRUE AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF OR THAT RELATE IN ANY WAY TO (I) MY EXPOSURE TO COVID-19; (II) MY TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE STADIUM OR COMPLIANCE WITH THE STADIUM PROTOCOLS OR ANY OTHER POLICIES OR PROTOCOLS APPLICABLE TO THE STADIUM; (III) ANY INTERACTION BETWEEN ME AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE STADIUM (INCLUDING, WITHOUT LIMITATION, ANY USHERS, TICKET-TAKERS, EVENT SECURITY, HEALTH AND SAFETY PERSONNEL, OR CLEANING, CONCESSIONS, OR PARKING PERSONNEL); OR (IV) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1, IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION, OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE. (B) FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) MAJOR LEAGUE SOCCER, L.L.C. AND ITS AFFILIATES (“MLS”), SOCCER UNITED MARKETING, LLC (“SUM”), THE MEMBERS OF MLS AND EACH OF THE MLS TEAMS OPERATED BY THEM, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT AFFILIATES, MEMBERS, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, INVITEES, AND CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS), AND OTHER PERSONNEL (COLLECTIVELY, INCLUDING MLS, SUM, AND THE TEAM ENTITIES, THE “MLS PARTIES”); (II) THE DIRECT AND INDIRECT OWNERS, LESSEES, AND SUBLESSEES OF THE STADIUM; (III) CONCESSIONAIRES, MERCHANDISERS, OTHER VENDORS, AND ALL OTHER CONTRACTORS PERFORMING SERVICES AT THE STADIUM; (IV) OTHER THIRD PARTIES PRESENT AT OR FROM TIME TO TIME BROUGHT TO THE STADIUM (INCLUDING, WITHOUT LIMITATION, MEDICAL PERSONNEL); (V) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES, AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS OF EACH OF THE FOREGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT, OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES; AND (VI) NEW YORK CITY FOOTBALL CLUB, LLC AND THE CITY OF NEW YORK.
- Indemnification. On behalf of myself and each of my Related Persons, I agree to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any breach of this Agreement.
- Governing Law. I agree that this Agreement shall be governed by the laws of the State of New York, without regard to choice of law principles.
- Arbitration Agreement. I agree that (a) any current or future claim, action, or proceeding between me and any of the Released Parties arising out of or relating to this Agreement, or my presence at the Stadium (collectively, the “Claims”), must be submitted for confidential, final, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to the Federal Arbitration Act (“FAA”); (b) the FAA is applicable because the MLS Parties are engaged in transactions involving interstate commerce; (c) the arbitration shall proceed before a single arbitrator; (d) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (e) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (f) the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law; (g) judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (h) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (i) any arbitration conducted pursuant to this Agreement shall take place in New York, New York.
- Class Action Waiver. I agree that all claims described in Section 4 must be pursued on an individual basis only. By signing this Agreement, I hereby waive my right to commence, or be a party to, any class or collective claims against the Released Parties.
- Severability. I agree that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
- Term. This Agreement is perpetual in nature and applies to all activities and events at the Stadium for which I am present for or participate in, and all Claims arising therefrom, from the date of my attendance at the Stadium.
I HAVE CAREFULLY READ AND VOLUNTARILY CONSENT TO THIS AGREEMENT; I understand its terms and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights and that by signing this Agreement, I will not be able to sue the Released Parties if I suffer any illness, injury, or death for any reason due to exposure to COVID-19; and I understand that it is a material inducement for my admission to and continued presence at the Stadium and that the MLS Parties and the other Released Parties are relying upon it; and, I further agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by any of the MLS Parties or other Released Parties.