TAMPA BAY ROWDIES AL LANG STADIUM
TICKET TERMS & CONDITIONS
IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE
USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT;
THIS TICKET LIMITS USER”S LEGAL RIGHTS
NOTICE TO A MINOR CHILD’S NATURAL GUARDIAN
READ THIS AGREEMENT COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASED PARTIES (DEFINED BELOW) USE REASONABLE CARE IN PROVIDING THE EVENT (DEFINED BELOW), THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY ATTENDING THE EVENT BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE EVENT WHICH CANNOT BE AVOIDED OR ELIMINATED. BY ENTERING THE STADIUM (DEFINED BELOW) YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE EVENT. YOU HAVE THE RIGHT TO REFUSE THE TERMS AND CONDITIONS OF THIS AGREEMENT BY NOT PERMITTING YOUR CHILD ENTRY TO THE STADIUM.
By using this ticket, ticket holder (“Holder”), on his/her own behalf and on behalf of:
(a) any minor accompanying Holder to the Event (as defined below) (“Minor”);
(b) any person, including any Minor, accompanying Holder to the Event for whom Holder retains a ticket to attend the Event with Holder (“Accompanying Party”) (each of whom Holder represents has authorized Holder to act on their behalf in accepting the applicable terms); and
(c) Holder’s and any Accompanying Party’s personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on Holder’s or any Accompanying Party’s behalf (collectively, the “Related Persons”),
Holder agrees to the following terms and conditions (the “Agreement”) which contains a MANDATORY ARBITRATION AGREEMENT And A class action waiver. Rowdies Soccer, LLC (“Rowdies” or “Club”) may change the terms of the Agreement at any time, without notice, and Holder’s use of this ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using this ticket and/or those of any Accompanying Party:
Except as otherwise specifically provided for herein, this Agreement shall be governed by and construed in accordance with Florida law, without giving effect to conflict of laws principles.
Holder agrees that: (a) neither Holder nor any Accompanying Party will transmit or aid in transmitting any information about the Event to which this ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-Event, post-Event or during-Event activities, promotions or competitions offered in connection with the Event (collectively, 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 Rowdies are the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (c) the Rowdies, the United Soccer League (“USL”), each of the USL Clubs (collectively, the “Clubs”) and each of their respective past, present and future parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the USL and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities (collectively, the “USL Entities”) and certain current and future sponsors and licensees of the USL Entities will have the unrestricted right and license to use Holder’s and any Accompanying Party’s image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of any Accompanying Party in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein to the USL Entities are assignable. Holder and any Accompanying Party are subject to all rules and policies relating to the Event, this ticket and the Stadium which are posted at www.rowdiessoccer.com.
Holder (i) consents to allowing the Rowdies to inspect Holder’s and/or any Accompanying Party’s person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise ,and (ii) acknowledges and agrees that Holder and/or any Accompanying Party may be denied entry to or ejected from the Event and/or the Stadium if Holder and/or any Accompanying Party is/are in possession of any item or object that the Rowdies consider potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder and/or any Accompanying Party and waives any claims that Holder and/or any Accompanying Party might have against any of the “Released Parties” (as defined herein). Holder acknowledges that the USL Entities, including without limitation the Rowdies, have no liability for Holder’s and/or any Accompanying Party’s person or property.
The Rowdies reserve the right to terminate the license granted by this ticket and/or those of any Accompanying Party by tendering to Holder the purchase price printed on this ticket and/or those of any Accompanying Party. Further, the Rowdies reserve the right, without refund of any portion of the purchase price, to revoke the license granted by this ticket and/or those of any Accompanying Party and refuse admission or eject any person (a) who violates the terms of this Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by the Rowdies to be improper, disorderly or unbecoming; or (d) who uses vulgar or abusive language.
ENTERING THE PLAYING FIELD, DISRUPTING A EVENT AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH A EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. SMOKING IS PROHIBITED INSIDE THE STADIUM.
ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE USL ENTITIES, INCLUDING THE ROWDIES, ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Holder, on Holder’s behalf and on behalf of any Accompanying Party, 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 any Accompanying Party, and (3) terms regarding the resale or transfer of tickets.
Holder assumes all risk associated with the purchase of this ticket and/or those of any Accompanying Party from anyone other than the Rowdies, authorized Stadium personnel or their designated agents. Neither this ticket nor those of any Accompanying Party may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes, without the express written consent of the Rowdies. No offer to resell or resale of this ticket and/or those of any Accompanying Party is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any resale referenced above will invalidate the license granted by this ticket and/or those of any Accompanying Party. Neither this ticket nor those of any Accompanying Party may be resold or offered for resale within the interior premises or on the exterior premises of the Stadium at which the Event is to be held (such interior and exterior premises being collectively referred to herein as the “Stadium”), and any person who sells or offers this ticket and/or those of any Accompanying Party for resale at any price at the Stadium will be removed from the Stadium premises and may be prosecuted.
This ticket is valid only for the date and time specified on the ticket-face, except as otherwise approved by the Rowdies.
The Holder should retain possession of this ticket until the Event has been played. This ticket cannot be replaced if lost, stolen or destroyed.
This ticket is good only for this particular Event and no part of the purchase price will be refunded by reason of the failure of Holder to use it for this Event.
Should the Event not be played or otherwise completed, this ticket will admit the Holder on the date or dates on which such Event is rescheduled or resumed, as may be announced in the sole discretion of the Rowdies. No part of the purchase price will be refunded by reason of the failure of the Holder to use this ticket on such rescheduled or resumed date or dates.
Should the Event not progress to or beyond a point of play constituting an official soccer match under USL rules and regulations (a “Regulation Event”), the Rowdies will determine in their sole discretion whether any refunds will be issued or other accomodations made and will post such decision at www.rowdiessoccer.com. Should the Event progress to or beyond a point of play constituting a Regulation Event, no refunds will be issued.
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 HOLDER’S BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTY AND THEIR RESPECTIVE RELATED PERSONS, 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 CLUB AND THE STADIUM OWNER/OPERATOR.
Holder, on Holder’s behalf and on behalf of any Accompanying Party and their respective Related Persons, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Club and/or the Stadium owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently posted at www.Rowdiesbaseball.com, 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.
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other “Communicable Disease” (as that term is defined at the conclusion of this paragraph), Holder and/or any Accompanying Party 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:
- 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
- experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
- 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 Holder’s behalf and on behalf of any Accompanying Party, 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 at the Stadium. By using this ticket, Holder, on Holder’s behalf and on behalf of any Accompanying Party, 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, on Holder’s behalf and on behalf of any Accompanying Party, 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.
WAIVER AND RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR RESPECTIVE RELATED PERSONS, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES 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 STADIUM OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY ANY OF 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 ANY ONE OR MORE OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE STADIUM, 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 ANY OTHER INDIVIDUAL(S) 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 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 of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
Holder recognizes that attendance of Holder and any Accompanying Party at the Event is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of his/her surroundings and the surroundings of any Accompanying Party. By using this ticket or by attending, observing or participating in the Event, Holder, on behalf of himself/herself and any Accompanying Party, acknowledges and assumes all risks and dangers associated with Holder and/or any Accompanying Party: (i) being a spectator before, during, and after an Event (including all warm-ups, practices, pre-Event, post-Event and between-Event activities, promotions and competitions) and (ii) attending, observing and/or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by thrown or kicked soccer balls; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators. Holder agrees that (a) the USL Entities, including without limitation Rowdies Baseball Club, LLC, Tampa Bay Rays Baseball Ltd. and 501SG LLC, (b) the USL Entities’ respective past, present and future licensees, sponsors, vendors and all of their successors and assigns, (c) all other USL-related entities, (d) the City of St. Petersburg, Florida, and its various agencies, departments and subdivisions, (e) the Stadium and the owners and operators thereof and all local or state governmental bodies associated with the Stadium, (f) the ticket manufacturer and/or provider, and (g) all past, present and future affiliates, successors, assigns, players, coaches, employees, partners, members, owners, directors, officers, managers, agents, representatives and independent contractors of such entities (the parties described in subsections (a) through (g) of this paragraph being collectively referred to herein as the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder’s and/or any Accompanying Party’s: (x) participation in, attendance at, and/or observation of the Event and/or (y) the negligence of any of the Released Parties (collectively, the “Released Claims”). Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder and/or any Accompanying Party has or may have 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 Holder or any Accompanying Party from the Event appear.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTY, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
HOLDER IS HEREBY DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ACCOMPANYING PARTY AS THEIR PARENT, GUARDIAN OR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY ACCOMPANYING PARTY, HOLDER SHOULD NOT PERMIT SUCH ACCOMPANYING PARTY TO ENTER THE STADIUM.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER
(“ARBITRATION AGREEMENT”)
The Rowdies care deeply about maintaining good relationships with fans. If you have a problem with your ticket and/or those of any Accompanying Party or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Holder and the USL Entities, including without limitation the Rowdies, agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of this ticket and/or those of any Accompanying Party, Holder’s and/or any Accompanying Party participation in, attendance at, and/or observation of the Event, this Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Holder’s and/or any Accompanying Party’s attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
In any Arbitration Claim to be resolved by arbitration, neither Holder nor the USL Entities, including without limitation the Rowdies, will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the USL Entities, including without limitation the Rowdies, would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the USL Entities, including without limitation the Rowdies, each understands and agrees that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in St. Petersburg, Florida. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the USL Entities alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Party and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The Rowdies will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the USL Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the USL Entities each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Event. You must send your request to: Rowdies Soccer, LLC, Attn: Legal Department, Re: Arbitration, One Tropicana Drive, St. Petersburg, FL 33705. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Event Ticket.” If you exercise the right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to bringing a claim under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, of not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the USL Entities, including without limitation the Rowdies, shall be sent by mail to Rowdies Soccer, LLC, Attn: Legal Department, Re: Claim Notice, One Tropicana Drive, St. Petersburg, FL 33705. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.
HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY ACCOMPANYING PARTY AS THEIR PARENT OR GUARDIAN OR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF ANY ACCOMPANYING PARTY, HOLDER SHOULD NOT PERMIT SUCH ACCOMPANYING PARTY TO ENTER THE STADIUM.
