By accepting, holding, and/or using this ticket or any electronic form thereof for the ticketed event at the Surprise Stadium (the Surprise Stadium and adjacent parking areas are, collectively, “Venue”), you, on your own behalf and on behalf of any minor accompanying you to the ticketed event (collectively, “you, ”“your,” and/or the “Holder”), agree to these Surprise Stadium Terms & Conditions (“Agreement”). The City of Surprise (“City”) may change the terms of this Agreement at any time, without notice, and your use of the ticket after such change is posted will mean that you accept such change(s). You are solely responsible for reading and understanding the Agreement before using the ticket.
This ticket is a revocable license. The Kansas City Royals Baseball Club, LLC (the “Royals”) and Texas Rangers Baseball Club (the “Rangers”) (collectively, referred to as the “Clubs”) and the City reserve the right to revoke the license granted by this ticket at any time, and admission may be refused or you may be ejected in the sole discretion of the City, the Royals, or the Rangers, subject to a refund of the price originally paid to the City for this ticket, or without a refund if you are disorderly or fail to comply with the terms of this ticket or any of the policies, rules, and/or regulations applicable to the Venue, incorporated in full by this reference and made part of the Agreement between the parties (available at: https://www.surprisestadium.com/stadium-info/policies-rules-regulations). You and your belongings may be searched upon entry into or while inside the Venue, and any prohibited items may be confiscated. If you elect not to consent to a search, you will be refused admission or ejected from the Venue. Smoking is not allowed anywhere in the Venue.
By using this ticket, you agree that: (a) you will not transmit or aid in transmitting any information about the game, tour, program, or other event to which this ticket grants admission (the "Event"), including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively, the "Event Information"); (b) the City, the Royals, and/or the Rangers are the exclusive owners of all copyrights and other proprietary rights in the Event and the Event Information; and (c) the City, the Royals, the Rangers, the Office of the Commissioner of Baseball (“BOC”), MLB Advanced Media, L.P. (“MLBAM”), Major League Baseball Properties, Inc. (“MLBP”) and The MLB Network, LLC (“MLBN”) and each of their respective agents and licensees, have the unrestricted right and license to use your voice and likeness for any purpose in any broadcast, telecast, video or photograph taken in connection with the Event or other transmission or reproduction in whole or in part of the Event.
The initial sale of this ticket by the City will be deemed to have occurred in Surprise, Arizona. By using this ticket, you agree that any and all disputes and claims will be governed by the laws of the State of Arizona and may only be brought in a court in Maricopa County, Arizona. This ticket may not be resold or offered for resale at a premium to the extent prohibited by law. This ticket may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the City, the Royals, and the Rangers. Any person who sells or offers this ticket for resale at any price inside the Venue will be removed from the premises.
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 REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES (AS DEFINED BELOW), AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUBS AND VENUE OWNER/OPERATOR.
Holder, on their behalf and on behalf of any accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms) (“Accompanying Parties”), acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Clubs and/or the Venue owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at https://www.surprisestadium.com/stadium-info/policies-rules-regulations, 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 Event date, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
RESALE TERMS AND POD INTEGRITY
Holder, on their behalf and on behalf of any Accompanying Parties, agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including without limitation (1) terms that mandate or prescribe the quantity of tickets available to be purchased, (2) additional requirements regarding Accompanying Parties, and (3) terms regarding the resale or transfer of tickets.
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder and/or any Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that neither Holder nor any Accompanying Party will attend the Event if within fourteen (14) days preceding the Event, they have:
(1) 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
(2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Venue. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. 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. 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 Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES (AS DEFINED BELOW) WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE VENUE OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE VENUE, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY. The “Released Parties” shall include (a) the BOC, MLBP, MLBAM, MLBN, the Clubs and each of the other Major League Baseball Clubs, and every director, officer, owner, stockholder, trustee, partner, employee, agent, independent contractor and consultant of each of the foregoing and the respective related entities and members of each of the foregoing (the “MLB Parties”); (b) the owners and operators of the Venue, and event sponsors, contractors, vendors, operators, agencies and advertisers of the MLB Parties and Venue; (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 Venue; (g) other entities and individuals who enter the Venue; (h) the City of Surprise and its Mayor and Council Members, managers, officers, boards, commissions, officials, employees, agents, contractors, and volunteers; and (i) 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.
HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) 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.”
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.
All refunds for this ticket will be handled in accordance with the Surprise Stadium Box Office Refund Policy and Procedures, as amended, which is hereby incorporated by this reference, and may be provided upon request. The City may change this policy at any time, without notice. Information on refunds is also available on the Venue website, https://www.surprisestadium.com/stadium-info/policies-rules-regulations, as revised.
If the Event is cancelled or postponed because of rain, inclement weather conditions, or other reasons beyond the control of the City, the Royals, or the Rangers, this ticket will be subject to the Venue's announced rainout policy for the Event. Please retain this ticket until the Venue announces the rainout policy for the Event, which the Venue may do through the media or at its website, www.SurpriseStadium.com.
ASSUMPTION OF RISK RELATED TO PERSONAL INJURY AND/OR PROPERTY DAMAGE:
YOU, ON BEHALF OF YOU, ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, ASSUME ALL RISKS AND DANGERS RELATING TO OR ARISING OUT OF BEING A SPECTATOR AT A PROFESSIONAL BASEBALL GAME (AND RELATED PRE-GAME AND POST-GAME ACTIVITIES) OR OTHER APPLICABLE TYPE OF EVENT, INCLUDING, BUT NOT LIMITED TO: THROWN OR BATTED BALLS; THROWN BATS (OR FRAGMENTS THEREOF); THROWN, DROPPED, OR LAUNCHED GIVEAWAYS OR OTHER ITEMS; OTHER INCIDENTS, HAZARDS, OR ACCIDENTS ASSOCIATED WITH MAJOR SPORTING EVENTS; OR THE NEGLIGENCE OR MISCONDUCT OF OTHER SPECTATORS. YOU AGREE THAT NONE OF THE RELEASED PARTIES WILL BE LIABLE FOR PERSONAL INJURIES (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF PERSONAL PROPERTY RESULTING FROM SUCH CAUSES.