This Season Ticket Agreement (the "Agreement") is entered into between the purchaser of the season tickets ("Account Holder") and Pittsburgh Associates, LP ("Pirates" or "Club") (collectively the "Parties"). In consideration of the promises and mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the Parties agree as follows:
1. Account Holder hereby agrees to purchase a season ticket package which shall consist of tickets to a designated number of individual Pirates games. Each individual game ticket is a limited, revocable license issued by the Pirates to attend the baseball game listed on the applicable ticket.
2. The "Account" is the revocable license granted by this Agreement to purchase the tickets specified in the Season Ticket Invoice provided to Account Holder by the Pirates for the price set forth on the Season Ticket Invoice. All Season Ticket Account sales are final and no refunds or exchanges will be made, except as expressly provided in this Agreement. The Pirates reserve the right to set a limit on how many season tickets an Account Holder may purchase.
3. The terms and conditions applicable to the Account include those provided:
(a) in this Agreement;
(b) on each individual game ticket (which are incorporated by reference in this Agreement);
(d) on any signage in PNC Park; and
(e) orally or in writing by authorized team or stadium personnel.
The Pirates reserve the right to amend or supplement the terms and conditions contained in this Agreement at any time. The Pirates may amend or supplement either by providing written notice to Account Holder or by posting information about, and/or revisions or amendments to the terms and conditions online at www.pirates.com. It is the responsibility of Account Holder to read and comply with all updated terms and conditions at all times. The Pirates are not responsible for problems, losses or inconveniences experienced because Account Holder did not read information regarding the Account or this Agreement or because the information was mailed to a former or incorrect physical or e-mail address.
4. The Pirates reserve the right to revoke or terminate the license granted to an Account through this Agreement or granted through an individual ticket without any refund or compensation if, in the Pirates' sole discretion, an Account Holder or an individual ticket holder violates any of the applicable terms and conditions explained herein or otherwise acts in any manner that could negatively affect the experience of any other persons within PNC Park.
5. Pirates season ticket plans are not transferrable. This Agreement, the Account, and any rights Account Holder may have hereunder shall not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Account Holder to any other person or entity without express written consent from the Pirates. In the event of any purported transfer, offer of transfer, or attempted transfer, the Pirates have the right, but not the obligation, to terminate this Agreement and the Account by providing written notice to Account Holder and tendering the remaining pro rata portion of the amount paid by Account Holder within a reasonable time after providing such notice. Only the Account Holder of record is allowed to make any changes to the Account. Account Holders should contact the Pirates by mail or phone if contact information changes. The Pirates reserve the right to require an Account Holder to provide proof of identity and authorization to act before making any Account changes.
6. The Parties agree that it is a material breach of this Agreement for Account Holder to (or attempt to) sell, trade, forward, or otherwise transfer Account tickets to a third party ticket broker, agency, or individual who purchases, sells, and/or otherwise transfers game tickets without the express written consent of the Pirates.
7. In the event of a material breach of this Agreement by Account Holder, the Pirates shall have the right, but not the obligation, to terminate the Account. In the event that the Pirates terminate the account under this paragraph, Account Holder agrees to pay the Pirates liquidated damages in an amount equal to any balance remaining on the Invoice for the Account at the time of termination.
8. The Pirates may provide an electronic ticket resale and/or transfer system (the "System"). Any and all use of the System is subject to the terms and conditions associated with the Account and with accessing said System. The Pirates reserve the right to suspend, modify, replace and/or cancel the System at any time in their sole discretion. The Pirates reserve the right to disengage Account Holder's access to electronically post for sale and forward tickets or revoke Account Holder's Account if the Account and/or System Terms & Conditions are violated.
9. Absent express, written consent from the Pirates, the Account and tickets obtained by the Account Holder shall not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes.
10. Season tickets plans do not confer any ownership or leasehold rights on Account Holder. Season ticket plans are offered on a single-season basis only. The purchase of season tickets for the current season does not entitle an Account Holder to purchase season tickets or to have tickets for a particular seat or seating area in any subsequent year. Season ticket sales in future seasons are subject to any changes, limitations and/or deadlines that have been or may be imposed by the Pirates. In particular, the Pirates expressly reserve the right to:
(a) change season ticket policies and prices at any time and for any reason;
(b) apply components of season ticket purchases, such as policies, prices, or Benefits, differently to different persons or entities, including without limitation persons who are engaged in reselling tickets (whether licensed to do so or not);
(c) charge an administrative fee in connection with any reissuance of tickets that are lost or stolen or any approved correction or change to Account information; or
(d) refuse to sell future season tickets to any individual or entity, including, but not limited to, individuals or entities who:
i. fail to comply with any applicable payment deadline or other condition or restriction;
ii. resell tickets to third parties (whether licensed to do so or not); or
iii. engage in, or permit the use of their tickets by any person who engages in, conduct prohibited by team or stadium policies, including without limitation the Guest Conduct standards posted online www.pirates.com/a-z;
11. If the Pirates are authorized by Major League Baseball to issue Post-Season tickets, Account Holder may be entitled to purchase one ticket for every possible Post-Season game for each seat held in the account. Account Holder may not resell any Post-Season tickets for a premium in excess of any amount allowed by federal, state or local law. If Account Holder sells or offers to sell any Post-Season tickets at or near PNC Park, he or she will be removed from the premises and prosecuted, and could lose future rights to purchase tickets from the Pirates. Post-Season tickets may be subject to additional terms and conditions. The Pirates reserve the right to offer Account Holder relocated seats for Post-Season games. To the extent that any Post-Season games purchased by an Account Holder are not played, Account Holder may be offered the opportunity to seek a refund of amounts paid for unplayed Post-Season games, less any applicable service charges or fees, or to request that amounts paid for unplayed Post-Season games be applied to future ticket charges. In the event that an Account Holder opts to have such amounts applied to future ticket charges, however, such decision does not automatically confer any right on the Account Holder to purchase tickets in the future, including without limitation, season tickets. The Pirates reserve the right to refund any amounts paid for unplayed Post-Season games to Account Holder, without interest or damages of any kind, in the event that the Pirates determine, in their sole discretion, not to grant Account Holder a license to purchase tickets in the future.
12. Certain Account Holders may be eligible to receive benefits, experiences and discounts ("Benefits") in addition to their game tickets at no additional charge. The Pirates have sole discretion to determine which Account Holders qualify for such benefits. Benefits may be modified, revoked or terminated by the Pirates, as to an individual Account Holder or all Account Holders, at any time and for any reason, without compensation or damages of any kind. Account Holders that resell more than 50% of the tickets purchased through their Account may not be eligible for any Benefits.
13. The Pirates are not responsible for lost tickets, stolen tickets, or tickets left at another location. Tickets may be replaced at the sole discretion of the Pirates and the Pirates may impose an additional cost on replacement tickets in their sole discretion. Stolen season tickets will be replaced only upon written request made by the Account Holder, accompanied with a police report identifying the theft of the tickets. In the event the Pirates replace any ticket, the replacement ticket will be honored over the original ticket in all cases and the original ticket will be null and void.
14. Account Holder hereby gives permission to the Pirates to contact Account Holder about Account Holder's tickets and other commercial opportunities via mail, email, phone, or text message. Account Holder may revoke this authorization at any time emailing such request to email@example.com.
15. Account Holder and Account Holders' guests grant the Pirates and Major League Baseball (and their current and future sponsors, licensees, designees, and agents) the unrestricted right and license to use Account Holder's and Account Holder's guests' 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 a game or other transmission, distribution, public performance, or reproduction in whole or in part of a game, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation or further authorization.
16. PAYMENT AUTHORIZATION: In the event Account Holder elects to pay for his/her season ticket package in multiple installments as offered by the Pirates, Account Holder is required to provide a form of payment at the time that payments are initially due under this Agreement that will be used for any future payments due under the terms of this Agreement. Account Holder hereby agrees and authorizes the Pirates, or their agents, service providers and successors or assigns, to charge the identified form of payment (or any subsequent debit or credit card(s) Account Holder provides to the Pirates) in the amounts and on the dates set forth on Account Holder's season ticket invoice. You may revoke this payment authorization by emailing firstname.lastname@example.org in such time and manner as to afford the Pirates a reasonable opportunity to act upon your request. If Account Holder revokes this authorization, Account Holder will still be responsible for paying all amounts owed under the terms of this Agreement. If any payment subject to this Agreement is returned unpaid, Account Holder authorizes the Pirates to resubmit a charge up to two additional times (or any greater number permitted by law) and/or cancel your Account immediately. Account Holder understands that its bank may charge a fee if a payment is returned for insufficient funds, and that the Pirates will have no liability for any such fee.
17. By attending any Pittsburgh Pirates baseball game, the Account Holder (individually and on behalf of any minor accompanying Account Holder to the baseball game ("Minor(s)") and any accompanying ticket holders assumes all risk, hazard and danger associated with, (i) being a spectator before, during, and after the baseball game (including all warm-ups, practices, pre-game, post-game and between-inning or intermission activities, promotions and competitions) and/or (ii) attending, observing or participating in the game or game events, in each case, whether any such risk, hazard and/or danger occurs prior to, during or subsequent thereto, including but not limited to 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 or illness associated with crowds of people or the actions, negligence or misconduct of other spectators. By attending the baseball game, Account Holder and any accompanying ticket holders further acknowledges that his/her attendance at the baseball game and all game events are voluntary, and therefore releases, to the furthest extent permitted by law, the Pirates, PNC Park, the Sports and Exhibition Authority, Major League Baseball, the Participating Clubs, and all of their respective parents, subsidiaries, affiliated entities, players, coaches, officers, members, managers, employees, partners, sponsors, and agents for injuries or loss of personal property resulting from all risk and danger incidental to the baseball game and the risks or any incidents associated with crowds of people.
18. COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses: This section is an acknowledgement and express assumption of risk and release of liability in any way related to or arising from being exposed to or contracting COVID-19 (as defined by the World Health Organization) and 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 (collectively, "Communicable Disease") in and around any part of PNC Park or surrounding grounds or parking areas, to which Account Holders' ticket provides access. Account Holder acknowledges and confirms on his/her behalf, and on behalf of any individual who uses Account Holder's ticket(s) (including any Minors), both now and in the future, that Account Holder understands and expressly assumes the risk that Account Holder may be exposed to COVID-19 or other Communicable Disease. Account 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. Account 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 Account 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 Account Holder's decision to use his or her tickets that cannot be eliminated. Account Holder further acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, Account Holder may infect others he/she subsequently comes in contact with, even if Account Holder is not experiencing or displaying any symptoms of illness, and that the risk of spreading COVID-19 or other Communicable Disease to others remains at all times. Accordingly, Account Holder further agrees that he/she will not utilize his/her tickets, or knowingly allow another person to utilize Account Holder's tickets, if within fourteen (14) days preceding the ticketed event, Account Holder or the individual using the ticket has:
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) traveled to a country that is subject to a U.S. State Department Level 4 "Do Not Travel" health advisory or a CDC Level 3 Travel Health Notice (each, a "Prohibited Country"); OR
d) been in direct contact with or the immediate vicinity of (collectively, the "Encounter") any person who is either confirmed or suspected of being infected with COVID-19 or other Communicable Disease or who has travelled to a Prohibited Country within the fourteen (14) days preceding the Encounter.
Account Holder agrees that this section is intended to be a binding and full waiver of claims and release of liability with respect to any controversy, claim or dispute that may arise out of or during use of this ticket that is related to exposure to or the contraction of COVID-19 or other Communicable Disease.
SPECIFICALLY, ACCOUNT HOLDER AGREES THAT HE/SHE, ON BEHALF OF ACCOUNT HOLDER AND HIS/HER PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE THE CLUB AND THE ADDITIONAL RELEASED PARTIES NOTED BELOW 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, EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE FOLLOWING ACCOUNT HOLDER'S USE OF THE TICKET, OR DURING ACCOUNT HOLDER'S PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE CLUB OR OTHER RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING ANY VENUE DURING ANY COMMUNICABLE DISEASE EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. ACCOUNT HOLDER FURTHER AGREES THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO MINORS AND/OR FAMILY MEMBERS, AS A RESULT OF USING TICKETS AND/OR AS A RESULT OF THEM BEING EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY ACCOUNT HOLDER. TO THE EXTENT PERMITTED BY LAW, ACCOUNT HOLDER FURTHER AGREES THAT IT IS ACCOUNT HOLDER'S INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED BY ACCOUNT HOLDER ON ACCOUNT HOLDER'S OWN BEHALF, AS SET FORTH ABOVE, AND ALSO ON BEHALF OF ANY OTHER INDIVIDUAL WHO USES A TICKET. The "Released Parties" shall include (a) the Office of the Commissioner of Baseball and its related entities ("MLB"), Major League Baseball Properties, Inc. ("MLBPI") and its related entities, MLB Advanced Media, L.P. ("MLBAM") and its related entities, each of the Major League Baseball Clubs, and every director, officer, owner, stockholder, trustee, partner, employee, agent, independent contractor and consultant of MLB, MLBPI, MLBAM and the respective related entities and members of each of the foregoing (the "MLB Parties"); (b) the owners and operators of the venues in which the 2021 season will be played (the "Venues"), and event sponsors, contractors, vendors, operators, agencies and advertisers of the MLB Parties and Venues; (c) licensees, and retail, concession, broadcast and media partners of the MLB Parties; (d) press and other media; (e) vendors that may provide testing or medical services; (f) entities and individuals providing accommodation and transportation to or from the Venues; (g) other entities and individuals who enter the Venues; and (h) the respective parent, subsidiary, affiliated and related companies and officers, directors, employees, agents, licensees, contractors, sub-contractors, insurers, representatives, successors, assigns of each of the foregoing entities and persons.
ACCOUNT HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT ACCOUNT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR SIMILAR PROVISIONS OF OTHER JURISDICTIONS, INCLUDING BUT NOT LIMITED TO PENNSYLVANIA) WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
This acknowledgement and express assumption of risk, waiver of claims, and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.
In order to protect the health and safety of the holder of the ticket and all others, Account Holder must comply with all Club and ballpark/stadium policies, all policies of the Centers for Disease Control and Prevention, and all laws and policies of all applicable federal, state and city authorities, in each case respecting COVID-19 and other Communicable Disease. The Club and its designees have the right to deny admission to or eject any person who the Club or such designees determines, in its sole discretion, poses a risk to the health or safety of others and/or whose conduct violates these terms.
Account Holder consents to health screenings and other precautions related to COVID-19 and other Communicable Disease that may be required as a condition for use of this ticket, including all precautions required by the league and the Club while at the ballpark, stadium or surrounding grounds or parking areas, such as, but not limited to, distancing requirements and the wearing of masks in designated areas.
19. In consideration for being allowed to purchase a season ticket plan, Account Holder agrees that ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THE PURCHASE, SALE OR USE OF PIRATES TICKETS OR ATTENDANCE AT PIRATES GAMES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. Account Holder and the Pirates WAIVE ALL RIGHTS TO A TRIAL BY JURY in any action or proceeding involving any claim. Any claim arising under this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. The arbitration shall be held in Allegheny County, Pennsylvania, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Account Holder and the Pirates agree that the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Pennsylvania, provided that: (1) the arbitrator shall not have authority to award consequential damages (regardless of foreseeability) or punitive damages; and (2) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act.
20. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by any arbiter or court of competent jurisdiction, then such provision shall be deemed to be ineffective to the extent of such invalidity, illegality, or unenforceability without invalidating or rendering unenforceable the remaining provisions of the Agreement.
21. The Pirates may terminate this Agreement at any time upon providing written notification to Account Holder. In the event of termination, the Pirates shall refund the pro rata portion of the license fee for the remaining home games in the term to the Account Holder within a reasonable time, unless termination is the result of Account Holder's material breach of the terms and conditions explained herein, in which case Account Holder shall not be entitled to any refund, future credit, or damages of any kind.
22. By tendering a payment to the Pirates, creating the Account, accepting tickets, or redeeming any tickets for admission to any game, Account Holder expressly agrees to be bound by these terms and conditions.