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, located at the end of the document.
All tickets (each, a “Ticket”) for New York City Football Club, LLC (“New York City FC” or “NYCFC”) matches, and other events (each an “Event”) and their holders, and if a holder is under the age of eighteen (18), such holder’s parent or legal guardian for themselves and on behalf of the holder (collectively, a “Holder”), are subject to the following terms and conditions, the Major League Soccer Spectator Waiver (included below), New York City FC’s Ticket Policy, all Stadium (defined below) Rules of Conduct, and all other policies and guidelines as detailed herein. Dates and times of the Event are subject to change or cancellation. In the event that the date and/or time of the Event is changed, the term “Event” shall mean the game played, or event held, at the newly specified date and/or time.
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 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 and the Stadium Parties (defined below) reserve the right to refuse admission, or eject from the Stadium, any person: who violates any New York City FC, Major League Soccer, L.L.C, or Stadium rules, regulations or policies; who violates any applicable federal, state, or local laws or orders; whose conduct is deemed disorderly or where ejection is necessary 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, the Stadium Parties, and Major League Soccer, L.L.C and its affiliates (“MLS”) reserve 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, Stadium patrons, or Stadium personnel. All bags may be thoroughly searched. As used herein, “Stadium Parties” means: (a) with respect to Yankee Stadium – the New York Yankees Partnership, its parent and subsidiary companies, including all corporations, limited liability companies, general and limited partnerships, successors and assigns and each of their respective past and present officers, limited and general partners, stockholders, owners, members, directors, officers, employees, agents and representatives; and (b) with respect to any other venue in which a game is played or event is held – the owners and operators of such venue.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY IF ADMISSION IS REFUSED OR REVOKED, OR THE GAME IS CANCELLED AND NOT RESCHEDULED FOR ANY REASON, 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, THE STADIUM PARTIES, 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 NEW YORK CITY FOOTBALL CLUB EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE ANY SUCH DISPUTE OR CLAIM IN ANY COURT, WHETHER AS AN INDIVIDUAL, CLASS, OR COLLECTIVE CLAIM, AND WAIVES ANY RIGHT TO ARBITRATE ANY SUCH DISPUTE OR 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 ARTICLE 75 OF NEW YORK’S CIVIL PRACTICE LAW AND RULES. SHOULD ANY CURRENT OR FUTURE DISPUTE, CLAIM OR CAUSE OF ACTION RELATED TO THIS TICKET OR THE EVENT ARISE BETWEEN THE HOLDER AND PERSON OR PARTY INCLUDED WITHIN THE DEFINITION OF MANAGEMENT (“IMPACTED PERSON”), THE HOLDER SHALL SEND A WRITTEN NOTICE DESCRIBING THE ISSUE (A “DISPUTE NOTICE”) TO NEW YORK CITY FOOTBALL CLUB, LLC, AT 600 THIRD AVENUE, 30TH FLOOR, NEW YORK, NY 10016, ATTENTION: LEGAL DEPARTMENT. THE HOLDER AND THE IMPACTED PERSON AGREE TO MAKE A GOOD-FAITH EFFORT TO RESOLVE THE DISPUTE FOR AT LEAST 30 DAYS (THE “NEGOTIATION PERIOD”) FOLLOWING RECEIPT OF THE DISPUTE NOTICE. IF THE HOLDER AND THE IMPACTED PERSON CANNOT RESOLVE THE DISPUTE WITHIN THE NEGOTIATION PERIOD, THE DISPUTE SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION HELD BEFORE A NEUTRAL, SINGLE ARBITRATOR IN NEW YORK CONDUCTED BY THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS”) IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES EFFECTIVE JUNE 1, 2021. 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.
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 the State of New York.
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 STADIUM PARTIES, 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 ILLNESS AND DEATH), DAMAGE TO, OR 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 STADIUM PARTIES, THE CITY PARTIES (DEFINED BELOW), 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. As used herein, “City Parties” means: (a) with respect to Yankee Stadium – the City of New York, the New York City Industrial Development Agency, the New York City Economic Development Corporation, and the City of New York Police Department and their respective trustees, officials, members, officers, directors, employees, agents and servants; and (b) with respect to any other venue in which a Game is played or event is held – the state or local government that may operate, own and/or lease such venue.
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 Parties, 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, THE STADIUM PARTIES AND THE CITY PARTIES.
Holder acknowledges and agrees to comply with: (a) all relevant policies and protocols issued by the New York City Football Club, the City Parties and/or the Stadium Parties, 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 that Holder will not attend any Event if on the day of such Event, any local, state/provincial or federal (including, without limitation, Centers for Disease Control and Prevention (CDC)) regulations applicable to the jurisdiction of the Event require or recommend isolation or quarantine based on test results, symptoms of COVID-19, close contact exposure, or a travel advisory. Holder acknowledges that applicable regulations regarding COVID-19 quarantine and isolation requirements may change from time to time and Holder shall review and comply with such requirements prior to attending the Event.
Safety Requirements: Due to the uncertainty related to COVID-19, this ticket and the Holder’s admission to the Stadium are subject to all safety and health requirements and policies put in place by NYCFC, MLS, the City Parties, or the Stadium Parties, including potential requirements relating to face masks and enhanced health screenings (which may include a requirement that the Holder, and any person in the Holder’s party, be tested for COVID-19 prior to or during the Event). Such policies and requirements, as they may be updated from time to time (in the sole determination of NYCFC, MLS, the City Parties and the Stadium Parties), and as they may be communicated to the Holder prior to, or during, the Event (whether orally or in writing) by, for example, instruction provided by NYCFC, MLS or the Stadium Parties or signage in or around the Stadium, are collectively referred to below as the “Safety Requirements”. The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance.
If any provision or part of the foregoing terms and conditions is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and conditions remain valid and binding.
NEW YORK CITY FOOTBALL CLUB ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT
PLEASE READ THIS ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT (THIS “AGREEMENT” OR THE “MLS SPECTATOR WAIVER”) COMPLETELY AND CAREFULLY BEFORE AGREEING TO THE TERMS HEREIN. 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. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN (18) (“MINOR”), YOU ARE AGREEING TO LET THE MINOR ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THE MINOR MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED; AND THAT YOU ARE GIVING UP THE MINOR’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO THE MINOR OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THIS AGREEMENT, AND THE TEAM ENTITIES HAVE THE RIGHT TO REFUSE TO LET YOU OR THE MINOR PARTICIPATE IN THE ACTIVITY IF YOU DO NOT SIGN THIS FORM.
IN CONSIDERATION of being permitted to enter and remain at Yankee Stadium, 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 Football Club, I, and if I am under the age of eighteen (18), my parent or legal guardian for themselves and on my behalf, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, (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 affiliates, the Stadium Parties and/or the City Parties (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 who smoke, are solid organ or blood stem cell transplant recipients, or have cancer, cerebrovascular disease (e.g., stroke), chronic kidney disease, chronic liver disease, chronic lung diseases (e.g., moderate to severe asthma or chronic obstructive pulmonary disease), dementia or other neurological conditions, diabetes, Down syndrome, heart conditions, hemoglobin blood disorders (e.g., sickle cell disease or thalassemia), HIV infection, immunocompromised status (weakened immune system), mental health conditions (e.g., mood disorders or schizophrenia disorders), obesity, pregnancy, substance abuse disorders (e.g., alcohol, opioid, cocaine), and tuberculosis; 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 STADIUM PARTIES AND CITY PARTIES INCLUDING 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); AND (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.
- Indemnification. I agree to indemnify and hold the Released Parties harmless from any liability, claims, demands, costs, expenses, and attorneys’ fees incurred by any of the Released Parties as a result of (a) my, or any person on my behalf, including the Related Parties, assertion of any claims arising from, relating to, or in connection with activities that I have acknowledged and assumed risk and/or which is covered by the waiver and release under Section 1 and 2; and (b) all claims and amounts related to legal and other actions brought against any of the Released Parties, to the extent such claims are attributable to my negligence or willful misconduct or a violation or 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 ANY CURRENT OR FUTURE DISPUTE, CLAIM, ACTION, OR PROCEEDING RELATED TO, OR ARISING OUT OF, THIS AGREEMENT OR MY PRESENCE AT THE STADIUM (COLLECTIVELY, THE “CLAIMS”) SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. I, ON BEHALF OF MYSELF AND MY RELATED PERSONS, AND THE RELEASED PARTIES EACH AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE ANY SUCH CLAIM IN ANY COURT, WHETHER AS AN INDIVIDUAL, CLASS, OR COLLECTIVE CLAIM, AND WAIVES ANY RIGHT TO ARBITRATE ANY SUCH CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF I, OR ANY OF MY RELATED PERSONS, DO NOT CONSENT TO THIS CLAUSE, I MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY ARTICLE 75 OF THE NEW YORK CIVIL PRACTICE LAWS AND RULES. SHOULD ANY CURRENT OR FUTURE CLAIMS ARISE BETWEEN ME AND THE CLUB, MLS, OR MANAGEMENT, I SHALL SEND A WRITTEN NOTICE DESCRIBING THE ISSUE (A “DISPUTE NOTICE”) TO NEW YORK CITY FOOTBALL CLUB, AT 600 THIRD AVENUE, 30TH FLOOR, NEW YORK, NY 10016, ATTENTION: LEGAL DEPARTMENT. I AND THE CLUB, MLS, AND/OR MANAGEMENT AGREE TO MAKE A GOOD-FAITH EFFORT TO RESOLVE THE DISPUTE FOR AT LEAST 30 DAYS (THE “NEGOTIATION PERIOD”) FOLLOWING RECEIPT OF THE DISPUTE NOTICE. IF I AND THE CLUB, MLS, AND/OR MANAGEMENT CANNOT RESOLVE THE CLAIM WITHIN THE NEGOTIATION PERIOD, I UNDERSTAND THAT THE CLAIM SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION HELD BEFORE A NEUTRAL, SINGLE ARBITRATOR IN NEW YORK, CONDUCTED BY THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS”) IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES EFFECTIVE JUNE 1, 2021. I AGREE THAT 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.
- Class Action Waiver. I agree that all claims described in Section 2 must be arbitrated 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 execution.
I HAVE CAREFULLY READ AND VOLUNTARILY ACCEPT 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 the exposure of 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.