Terms of Use

Last Updated: August 02, 2022

The following are the terms of use (“Terms”) that govern your use of the Account Manager website (the “Site”), which features advanced ticketing transaction technologies and services (collectively referred to as “Advanced Services”). Some of the Advanced Services are provided by Monumental Sports, and some of the Advanced Services are provided by Ticketmaster (“us” or “we”). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. These Terms shall constitute a valid, binding and enforceable legal agreement among you, Monumental Sports and us. There shall be no oral or implied agreement between you and us, you and Monumental Sports, or you, us and Monumental Sports, that shall be binding or enforceable. By visiting or using the Site, you expressly agree to these Terms, as may be updated from time to time.

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Ticketmaster, Live Nation, Event Providers, and their affiliated companies relating to such risks.

Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

Purchase Policy

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change. See the Limitation of Liability section in the Terms of Use for additional limits on our liability.

You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness (including exposure to COVID-19, a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), whether occurring before, during, or after the event, however caused or contracted, and hereby waives all claims and potential claims against Ticketmaster, Live Nation, and Event Providers relating to such risks.

Account Registration

You will be required to register for an account to use the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  • Restrict or inhibit any other person from using the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
  • Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
  • Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Engage in spamming or flooding;
  • Harvest or collect information about Site users;

Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by us, Monumental Sports or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Site and its Content as permitted by these Terms only if, as a condition precedent, you agree that you will not:

  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
  • Link to any portion of the Site other than the URL assigned to the home page of the Site;
  • “Frame” or “mirror” any part of the Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
  • Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
  • Reproduce or scan tickets in a format or medium different from that provided by the Site;
  • Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
  • You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site;
  • Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us, Monumental Sports or our licensors. You may not use our or Monumental Sports trademarks, logos and service marks in any way without our prior written permission.

Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

Purchasing Tickets

The Advanced Services offer you the ability to purchase tickets from individuals and businesses that hold tickets purchased from Monumental Sports. These individuals and businesses are the sellers of the tickets, not us or Monumental Sports. Although we or Monumental Sports may process your payment, or may be the name that you see on your credit card statement, neither we nor Monumental Sports is the seller of the ticket. When you purchase a ticket from a third party via the Advanced Services, the original ticket will automatically be cancelled and invalidated, your credit card will be charged the ticket price and all applicable fees, and you will be issued a new ticket. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by Monumental Sports.

Monumental Sports may require you to pay a fee, to be a season ticket holder, to be on the waiting list to be a season ticket holder or to comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. We and Monumental Sports make no warranty or guarantee about the quantity or quality of tickets that will be available for purchase if you pay such a fee, are a season ticket holder, are on the waiting list to be a season ticket holder or comply with registration or other requirements. Please see Monumental Sports website for further restrictions.

Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Seat views displayed on the Site may not be an exact representation.

Opening acts or guests may sometimes tour with headlining performers. We are not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be canceled, and we may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket price paid and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

Monumental Sports reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Monumental Sports rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.

You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

We are not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances unless those items are specifically included as part of a package. We are not responsible for any delay causing you to arrive late or miss your event for any reason. If our actions result in you missing your event, we will not be liable for more than your total purchase price. We are not responsible for the conditions or the actions of the crowd at any event or for any changes made at the venue including without limitation seating arrangements, stage set-up or venue conditions.

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws.

Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.

Posting Tickets for Sale

If you use the Advanced Services to sell a ticket, you will be the ticket’s seller, not us or Monumental Sports. We and Monumental Sports are only providing certain services that will facilitate your sale. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws, rules and regulations when listing your tickets on any resale platform owned or controlled by us.

Before posting a ticket for sale via the Advanced Services, please consult the website through which you will be posting your ticket for sale, which detail the prices at which you may post tickets for sale via the Advanced Services, the amounts that will be deducted, retained or charged from or over the sale price, the amounts that will be credited or remitted to you, the method by which you will receive such credit or remission and other terms applicable to the posting, sale and funds collection, retention, deduction and payment or crediting processes. Once a ticket has been ordered by a potential purchaser, you will not be able to modify or cancel your posting of that ticket, or to stop that ticket’s sale, even though title to that ticket may not pass to the purchaser until a later time. We or Monumental Sports will collect funds from the purchaser, and Monumental Sports will transmit to you a credit or payment as described elsewhere in these Terms.

By posting a ticket using the Advanced Services, you authorize us and Monumental Sports, upon purchase of the ticket by another person through the Advanced Services, to cancel and invalidate your right to use or convey the ticket, and you acknowledge that the posted ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who acquires that ticket via the Advanced Services (or any person lawfully receiving the ticket from such acquirer). Monumental Sports will be responsible for all payments and credits to you, you will solely hold Monumental Sports responsible for such payment or credit and neither we nor any other person or organization will be liable therefor.

Please note that not all members of the public may be able to purchase, or view listings for, tickets that you post for sale, as Monumental Sports may require potential purchasers to pay a fee, be a season ticket holder, be on the waiting list to be a season ticket holder or comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status.

You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is posted for sale via the Advanced Services, (b) any sold, forwarded or otherwise cancelled or invalidated tickets, or (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another.

If an event for which you sell a ticket via the Advanced Services is cancelled, then you will be obligated to return, within five days of notice by Monumental Sports, the difference between the amount of payments you collected in connection with such sale and the amount of money that Monumental Sports would have refunded to you had you still been the holder of (i.e., as if you had not yet sold) such ticket when the event was cancelled. In such a case, if you did not receive a payment from Monumental Sports but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that Monumental Sports would have refunded to you had you still been the holder of such ticket when the event was cancelled. If an event for which you sell a ticket via the Advanced Services is postponed and the purchaser of such ticket is given a refund of the amount that that purchaser has paid, then you will be obligated to return, within five days of notice by Monumental Sports, all of the payments you collected in connection with such sale, but Monumental Sports will return the ticket to you that you sold so that you can then use it to attend the event. In such a case, if you did not receive a payment from Monumental Sports but instead received a credit, then the credit will be entirely reversed (so that you will no longer have a credit), but Monumental Sports will return the ticket to you that you sold so that you can then use it to attend the event. Any failure by you to pay any amounts owed under this paragraph within such five days will constitute a material breach of these Terms.

The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket.

The following applies only to resale tickets to New York events: If you purchase a resale ticket to an event located in New York, you will receive a refund of the amount you paid for that resale ticket if: (a) the ticketed event is canceled (in which case you will not receive a refund of any order processing and delivery fees); (b) that ticket does not allow you to enter the ticketed event, unless the ticket is canceled due to an act or omission by you; or (c) that ticket fails to conform to its listing description unless you have pre-approved a substitution of tickets.

Sold Tickets

Before we can pay you, we will need to collect your taxpayer information in accordance with applicable laws. Ticketmaster is generally required to file a Form 1099-K report with the IRS if the gross amount of your transactions on our marketplaces is $600 or more in a calendar year. Ticketmaster will generally provide you a copy of the Form 1099-K by January 31 of the following year. Many states may also require Ticketmaster to report when you have made at least $600 in transactions on our marketplaces, although some states may require reporting based on different thresholds. When required, Ticketmaster will generally provide you a copy of any state forms. For more information, please go to our FAQ page 1099-K Form: Answer to Some Common Questions.

Other Purchases and Services

You may be able to access Advanced Services to:

  • purchase or renew season tickets
  • register for season ticket waiting lists
  • purchase rights of refusal for post season event tickets
  • purchase additional suite seats
  • purchase parking
  • purchase ticket packages or single event tickets
  • pay ticket or waiting list deposits
  • engage in other activities

If you elect to engage in any such transaction, then additional terms may apply. Please consult Monumental Sports for additional terms and requirements.

Group Tickets

Monumental Sports may allow a designated person (“Group Manager”) to distribute group tickets. If you are in the group ticket distribution, the Group Manager will send you an email to retrieve print-at-home tickets. You will be responsible for printing out and using your tickets. Either you or the Group Manager will be responsible for paying for the tickets, as applicable. If the Group Manager pays for a ticket, then the Group Manager may cancel ticket distribution at any time, even after you have already retrieved your ticket, in which case you will not be able to use it to attend the event. If you are responsible for paying for a ticket, then the Group Manager may only cancel ticket distribution before you pay for the ticket; once you pay for a ticket the Group Manager will not be able to cancel it. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by Monumental Sports.

Season Ticket Forwarding

The Advanced Services may permit you to forward your season tickets to another person. You can send an email invitation with a link to transfer your tickets and if the recipient accepts your offer, the tickets will be placed into the recipient’s Ticketmaster account. Once the recipient accepts your offer, you will not be able to cancel the tickets.

Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by us or Monumental Sports. You may be required to provide your credit card number and other information in order to pay such fees, which will be processed or collected by us or Monumental Sports. Such fees are not refundable under any circumstances.

If Monumental Sports offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on Monumental Sports website. You should not assume that you will receive a tax deduction for forwarding tickets to a charity or any documents that can be used to support a tax deduction.

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms.

You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. If you violate these Terms, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, each an “Activity”), or season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and we may exercise any other remedy available to us.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR Monumental Sports, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

Indemnification

If anyone brings a claim against us related to your use of the Site or the content, or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, Monumental Sports, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You may assert claims in small claims court if your claims apply;
  • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, Attn: Legal. You may download the forms located at https://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at https://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. However, if your dispute is regarding the re-sale of a ticket for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. If you have an inquiry regarding a ticket re-sale transaction for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450 or ticketexchange@ticketmaster.com.

Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:

Live Nation Entertainment, Inc.
9348 Civic Center Drive
Beverly Hills, CA 90210
(800) 653-8000

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

MSE TERMS AND CONDITONS
 

Terms may be changed at any time without prior notice. For complete, and the most up to date, Terms visit https://monumentalsports.com/health-safety 

BY PURCHASING AND/OR USING TICKETS TO AN NBA OR NHL GAME, HOLDER OF THIS TICKET AGREES THAT (1) USE OF SUCH TICKETS AND ADMISSION TO CAPITAL ONE ARENA (“ARENA”) IS CONDITIONED UPON HOLDER’S AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW, AS WELL AS ANY ADDITIONAL TERMS AND CONDITIONS ESTABLISHED BY THE NHL, THE NBA, THE TEAMS, AND THE ARENA AND (2) HOLDER WILL INFORM ANY GUESTS, COMPANIONS, OR OTHER PERSONS WHO WILL BE USING TICKETS PURCHASED BY OR RECEIVED FROM HOLDER THAT AS TICKET HOLDERS THEMSELVES, THEIR OWN USE OF SUCH TICKETS AND ADMISSION TO THE ARENA ARE ALSO CONDITIONED UPON THEIR AGREEMENT TO THE TERMS AND CONDITIONS BELOW.

WARNING-DESPITE ENHANCED SPECTATOR SHIELDING MEASURES, PUCKS, BASKETBALLS, OR OTHER EVENT-RELATED ITEMS MAY STILL FLY INTO SPECTATOR AREA. SERIOUS INJURY MAY OCCUR. STAY ALERT AT ALL TIMES INCLUDING DURING WARM-UPS AND AFTER PLAY STOPS. IF STRUCK, IMMEDIATELY ASK USHER FOR DIRECTIONS TO THE NEAREST FIRST-AID STATION. 

Due to COVID-19, Holder’s admission to the Arena is subject to all safety and health requirements and policies put in place by the Team, NBA, NHL and Arena, including those intended to prevent and/or control the spread of COVID-19 through personal precautions, social distancing measures, contact tracing, proof of testing negative or proof of vaccination, and requirements relating to face masks and enhanced health screenings (which may include a requirement that Holder, and any person in Holder’s party, be tested for COVID-19 prior to or during the Event). Such policies and requirements may be communicated to Holder prior to or during the Event (either orally or in writing). Holder acknowledges and agrees to comply with all of the safety and health requirements, and attendance at the Event is conditioned on such compliance. Holder expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the safety and health requirements) can eliminate the risk of exposure to COVID-19. Prior to attending the Event, Holder acknowledges reading and understanding the full safety and health requirements found at https://monumentalsports.com/health-safety.

The Holder, on behalf of the Holder; Holder’s heirs, assigns, executors, administrators, next of kin; and any person accompanying the Holder, including minor(s) (individually and collectively, the "Holder"), agrees the Capital One Arena (the “Arena”), the National Basketball Association and the National Hockey League and/or their affiliates (the “NBA” and “NHL”), the member clubs of the NHL and NBA, NHL Enterprises, L.P., the NHLPA and NBAPA and their current and former players, the Washington Wizards or the Washington Capitals and/or its affiliates (the “Teams”), and each of their officers, directors, coaches, players, employees, affiliates and agents are expressly released by Holder from all claims.  HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury (including death), illness and all hazards arising from, or related in any way to, the event or any surrounding activities (in whole or in part) for which this ticket is issued (the "Event"), whether occurring prior to, during, or after the Event, howsoever caused and whether by negligence or otherwise, including specifically but not exclusively danger of injury by hockey pucks, hockey sticks, basketballs, and other equipment, by spectators, coaches or players, or by thrown objects, as well as effects related to the novel coronavirus, COVID-19, which has been declared a worldwide pandemic by the World Health Organization, is extremely contagious, and is believed to be spread mainly from person-to-person and the risk of which cannot be eliminated by precautions, and agrees that the NBA, the NHL, the Arena, the Teams, the NHL Member Clubs, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., the NHLPA and the NBAPA (including their current and former players) and each of their respective affiliates, parents, subsidiaries, agencies, departments, subdivisions, related entities, owners, governors, trustees, officers, directors, partners, shareholders, members, principals, employees and agents (collectively, the “Leagues”) are expressly released from any and all claims arising from or relating to such causes or otherwise occurring at or in connection with the Event, including specifically but not exclusively claims arising from or relating to the negligence of the Leagues.

This ticket is a revocable license and may be withdrawn and admission refused upon the terms set forth below. Re-entry is prohibited. Use of any parking pass is subject to the policies, regulations and procedures instituted by the lot owner/operator.

Holder agrees not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling), in any media now or hereafter existing, any depiction, description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio, game information or other form of exploitation or reproduction of the Event without prior approval of the NBA, the NHL, the Teams or the Arena. This ticket may not be used for, nor may any Holder enter the Arena for, any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes or giveaways, or other commercial purposes without the express written consent of the Teams, the NBA, the NHL, or the Arena. Any use of any NHL, NBA or Teams mark is prohibited without prior written approval of the NHL or NBA or Team, as applicable.

Holder shall review carefully, and abide by, the terms of this license, the policies of the NBA, the NHL, including without limitation the NBA and the NHL Fan Codes of Conduct, the fan guide for the Event and any Arena policies, protocols, or procedures the NBA or NHL may require compliance with or verification of prior to or as a condition of admission to the Arena (collectively, the “Policies”). Breach of any of the Policies, failure to comply with Arena rules or instructions of Arena personnel, or the rules of the NBA, the NHL or the Teams, or the refunding to Holder of the purchase price of this ticket, shall automatically terminate any rights that Holder may have hereunder; shall render illegal and unauthorized Holder’s use of the ticket for any purpose; and shall authorize the Arena, the Teams and/or the NBA or the NHL to withdraw the ticket, refuse admission to the Arena, eject Holder from the Arena, or detain or cause the arrest of Holder. Breach of any of the terms of this license including, but not limited to, the display of offensive language or disruptive behavior shall also subject Holder to all legal remedies available to the NBA, the NHL, the Teams, and the Arena. ENTERING THE PLAYING ICE, COURT, PERFORMANCE AREA OR UNAUTHORIZED AREAS, DISRUPTING AN EVENT AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH AN EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. Only Lincoln Holdings LLC, the Teams, the NBA, the NHL, and their subsidiaries, agents and designees have the right to produce tickets, in any form or medium, including physical or digital, for Arena events. Tickets produced by unauthorized third parties are invalid and will not be honored for entry. Resale or attempted resale of this ticket in violation of applicable law is grounds for seizure or cancellation without refund or other compensation. Lost, stolen, counterfeit, or incorrect event tickets will not be honored.

The Holder, on behalf of Holder and any person accompanying Holder, including minors, grants permission to the NBA, the NHL, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., the Teams, and the Arena (and their designees and agents) to utilize the Holder’s image, name, voice, likeness, actions and/or statements in any live, digital or recorded image, footage, audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereinafter created, or context for any purpose, including advertising, commercial or promotional purposes, without further authorization or compensation. Holder grants to the NBA, the NHL, the Teams and the Arena permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.

Holder and Holder’s belongings may be searched upon entry into the Arena, and Holder consents to such searches and waives any related claims that might arise against the NBA, the NHL, the Teams, any event sponsor, or the Arena. Prohibited items may be confiscated at the sole discretion of the NBA, the NHL, the Teams, and/or the Arena. If Holder elects not to consent to these searches, Holder will be denied entry into the Arena. The Arena, Teams and event sponsors reserve the right to prohibit any protests, demonstrations, or vigils of any nature. Violators are subject to prosecution.

Dates and times of the Event subject to change without notice. ALL SALES ARE FINAL. NO REFUNDS, CANCELLATIONS, CREDITS OR EXCHANGES WILL BE OFFERED. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) if admission is refused or revoked, or the Event is cancelled and not replayed, is a refund of up to the ticket’s face value set by the Team (the “Face Value”).  Once an Event begins, it is deemed fully performed and no refunds will be given. IN NO EVENT SHALL THE TEAMS, THE NBA, THE NHL OR THE ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.

Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between Holder and the Teams, the NBA, the NHL, or the Arena, Holder shall send a written notice describing the issue (a “Dispute Notice”) to Monumental Sports & Entertainment, 601 F Street, NW, Washington DC 20004. Holder and the Teams, the NBA, the NHL, and/or the Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice.  If the parties 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 Washington, DC conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Teams, the NBA, and the NHL are engaged in transactions involving interstate commerce with respect to the Event).   The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to Holder.  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.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. TO THE EXTENT ENFORCEABLE IN THE APPLICABLE JURISDICTION, HOLDER, THE ARENA, THE TEAMS, THE NBA, AND THE NHL AGREE THAT ALL DISPUTES ARISING FROM THESE TERMS AND CONDTIONS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION.  IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA.

Without limiting the foregoing, Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.

THE NHL, THE NBA, THE TEAMS, AND THE ARENA RESERVE THE RIGHT TO MODIFY ANY POLICIES AND TERMS WITHOUT NOTICE AND HOLDER’S USE OF THE TICKET AFTER SUCH CHANGE IS POSTED WILL MEAN THAT HOLDER ACCEPTS SUCH CHANGE. IN THE EVENT ANY PROVISION OF THIS TICKET IS DEEMED INVALID, ILLEGAL OR UNENFORCEABLE BY A COURT OF LAW OR AUTHORIZED ARBITRATOR, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY.

In the event of a conflict between Ticketmaster’s terms and these terms and conditions, these terms and conditions will apply.
 

NHL TERMS AND CONDITIONS

 

THIS TICKET (“TICKET”) IS A REVOCABLE LICENSE. BY PURCHASING AND/OR USING TICKETS TO AN NHL GAME, HOLDER OF THIS TICKET AGREES THAT (1) USE OF SUCH TICKETS AND ADMISSION TO THE ARENA, STADIUM, OR VENUE (“VENUE”) IDENTIFIED IN THE TICKET IS CONDITIONED UPON HOLDER’S AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW, AND (2) HOLDER WILL INFORM ANY GUESTS, COMPANIONS, OR OTHER PERSONS WHO WILL BE USING TICKETS PURCHASED BY OR RECEIVED FROM HOLDER THAT AS TICKET HOLDERS THEMSELVES, THEIR OWN USE OF SUCH TICKETS AND ADMISSION TO THE VENUE ARE ALSO CONDITIONED UPON THEIR AGREEMENT TO THE TERMS AND CONDITIONS BELOW.

TO THE EXTENT ENFORCEABLE IN THE APPLICABLE JURISDICTION, HOLDER, VENUE, AND NHL AGREE THAT ALL DISPUTES ARISING FROM THESE TERMS AND CONDITIONS SHALL BE LITIGATED IN COURT OR ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION; AND, IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE VENUE. 

SAFETY WARNING AND RELEASE/COMPLIANCE WITH NHL POLICIES

WARNING! DESPITE ENHANCED SPECTATOR SHIELDING MEASURES, PUCKS STILL MAY FLY INTO THE SPECTATOR AREA. SERIOUS INJURY CAN OCCUR. STAY ALERT AT ALL TIMES INCLUDING DURING WARMUP AND AFTER PLAY STOPS. IF STRUCK, IMMEDIATELY ASK USHER FOR DIRECTIONS TO MEDICAL STATION.  HOLDER, ON BEHALF OF HOLDER AND ANY PERSON ACCOMPANYING HOLDER, INCLUDING MINOR(S), VOLUNTARILY ASSUMES ALL RISKS OF PROPERTY LOSS AND PERSONAL INJURY, ILLNESS AND ALL OTHER HAZARDS RELATED TO THE GAME AND ATTENDING THE VENUE FOR WHICH A TICKET IS ISSUED, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE GAME, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY, THE DANGER OF INJURY BY HOCKEY PUCKS, STICKS AND OTHER EQUIPMENT, BY SPECTATORS OR PLAYERS, OR BY THROWN OBJECTS, AS WELL AS EFFECTS RELATED TO THE NOVEL CORONAVIRUS, COVID-19, WHICH HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION, IS EXTREMELY CONTAGIOUS, AND IS BELIEVED TO BE SPREAD MAINLY FROM PERSON-TO-PERSON AND THE RISK OF WHICH CANNOT BE ELIMINATED BY PRECAUTIONS, AND AGREES THAT THE NATIONAL HOCKEY LEAGUE, THE VENUE, THE NHL MEMBER CLUBS, NHL ENTERPRISES, L.P., NHL ENTERPRISES CANADA, L.P., THE NHLPA (INCLUDING CURRENT AND FORMER PLAYERS) AND EACH OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, AGENCIES, DEPARTMENTS, SUBDIVISIONS, RELATED ENTITIES, OWNERS, GOVERNORS, TRUSTEES, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, PRINCIPALS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “NHL”) ARE EXPRESSLY RELEASED FROM ANY AND ALL CLAIMS ARISING FROM OR RELATING TO SUCH CAUSES OR OTHERWISE OCCURRING AT OR IN CONNECTION WITH THE GAME, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY CLAIMS ARISING FROM OR RELATING TO THE NEGLIGENCE OF THE NHL.  

HOLDER SHALL REVIEW CAREFULLY, AND ABIDE BY, THE POLICIES OF THE NHL, INCLUDING WITHOUT LIMITATION THE NHL FAN CODE OF CONDUCT, THE FAN GUIDE FOR THE EVENT AND ANY VENUE POLICIES, PROTOCOLS, OR PROCEDURES THE NHL MAY REQUIRE COMPLIANCE WITH OR VERIFICATION OF PRIOR TO OR AS A CONDITION OF ADMISSION TO THE VENUE, INCLUDING THOSE INTENDED TO PREVENT AND/OR CONTROL THE SPREAD OF COVID-19 THROUGH PERSONAL PRECAUTIONS, SOCIAL DISTANCING MEASURES, CONTACT TRACING, AND/OR PROOF OF TESTING NEGATIVE OR PROOF OF VACCINATION, AS APPLICABLE (“NHL POLICIES”). NHL RESERVES THE RIGHT TO REFUSE ADMISSION OR EJECT ANY PERSON THAT FAILS TO ABIDE BY ANY NHL POLICIES. NHL RESERVES THE RIGHT TO MODIFY ANY NHL POLICIES WITHOUT NOTICE.  IN THE EVENT ANY PROVISION OF THIS TICKET SHALL BE DEEMED TO BE INVALID, ILLEGAL, OR UNENFORCEABLE BY A COURT OF LAW OR AUTHORIZED ARBITRATOR, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY.   

NAME/LIKENESS RELEASE

BY USING THE TICKET(S) AND ATTENDING THE GAME, HOLDER, ON BEHALF OF HOLDER AND ANY PERSON ACCOMPANYING HOLDER, INCLUDING MINOR(S), GRANTS THE NATIONAL HOCKEY LEAGUE AND ITS MEMBER CLUBS, THE VENUE, NHL ENTERPRISES, L.P., NHL ENTERPRISES CANADA, L.P., AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “nhl ENTITIES”) PERMISSION TO RECORD HIS/HER IMAGE, NAME, VOICE, LIKENESS, ACTIONS AND/OR STATEMENTS IN ANY IMAGE, FOOTAGE, OR DISPLAY, WHETHER LIVE OR RECORDED, WHICH MAY BE TAKEN AT THE GAME OR AT THE VENUE, AND TO THE USE OF SAME BY THE NHL ENTITIES AT ANY TIME, FOR ANY PURPOSE (INCLUDING ADVERTISING OR PROMOTIONAL PURPOSES), AND IN ANY MEDIA NOW KNOWN OR SUBSEQUENTLY DEVELOPED WITHOUT ADDITIONAL COMPENSATION. THE NHL ENTITIES RESERVE THE RIGHT TO MODIFY ANY NHL POLICIES, INCLUDING THIS RELEASE, WITHOUT NOTICE.

 

UNAUTHORIZED COMMERCIAL USE OF TICKET/UNAUTHORIZED TRANSMISSION

 

GAME TICKETS MAY NOT BE USED FOR ADVERTISING, PROMOTION (INCLUDING CONTESTS AND SWEEPSTAKES) OR OTHER COMMERCIAL PURPOSES WITHOUT PRIOR WRITTEN CONSENT OF THE NHL AND/OR THE APPLICABLE NHL MEMBER CLUB. ANY NON-EDITORIAL OR COMMERCIAL USE OF ANY NHL OR NHL CLUB MARK IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF THE nhl. ANY UNAUTHORIZED TRANSMISSION, PICTURE OR OTHER DEPICTION OR DESCRIPTION OF ANY GAME ACTION, GAME INFORMATION OR OTHER VENUE ACTIVITY IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF THE NHL. NHL RESERVES THE RIGHT TO MODIFY ANY NHL POLICIES WITHOUT NOTICE.

 

NBA TERMS AND CONDITIONS

 

1. PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.

 

2. This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the "Holder"), agrees to all of its terms.  The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by the Washington Wizards and/or its affiliates (the “Team”), the National Basketball Association and/or its affiliates (the "NBA"), and the arena or related arena grounds (including, without limitation, parking areas and entry gates) (the “Arena”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Supplemental Terms”). Supplemental Terms include the health and safety requirements and other terms set forth at the following URL: www.washingtonwizards.com. By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them.

 

3. Due to the uncertainty related to COVID-19, this ticket and the Holder’s admission to the Arena are subject to all safety and health requirements and policies put in place by the Team, NBA, and Arena, including 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) and those policies and requirements described in the Supplemental Terms.  Such policies and requirements as they may be updated from time to time (in the sole determination of the Team, NBA and/or Arena) 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 Team or Arena personnel or signage in or around the Arena, 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.

 

4. The Holder agrees that neither the Holder, nor anyone in the Holder’s party, will attend the Event if any one or more of the following is true on the day of such Event:

 

  • Within the prior 14 days, the Holder has (or any person in the Holder’s party or with whom the Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;

 

  • Within the prior 48 hours, the Holder has (or any person in the Holder’s party or with whom the Holder has had close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention); or

 

  • Within the prior 14 days, the Holder has (or any person in the Holder’s party or with whom the Holder has had close contact has) travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.

5. To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other NBA, Team and Arena rules, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team or the NBA.  Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including pre-Event requirements established by the Team or Arena) may be voided by the Team and this ticket cancelled.

 

6. ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) if admission is refused or revoked, or the Event is cancelled and not replayed, is a refund of up to the ticket’s face value set by the Team (the “Face Value”).   IN NO EVENT SHALL THE TEAM, NBA, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.

 

7. The Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event.  This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Team and NBA.

 

8. Breach of any of these terms, failure to comply with Safety Requirements or NBA, Team and/or Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize the Team and/or the NBA to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund in each case, and subject the Holder to all legal remedies available to the NBA, Team and/or Arena.

 

9. The Holder expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the Safety Requirements described ABOVE) can eliminate the risk of exposure to COVID-19.   COVID-19 is an extremely contagious disease that can lead to severe illness and death.  While people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and underlying medical conditions.   THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury (including death), sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Event, whether occurring prior to, during, or after the Event, however caused and whether by negligence or otherwise.

 

10. On behalf of the Holder and the Holder’s Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.

 

As used herein:

 

  • “Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.

 

  • “Released Parties” means: (i) the National Basketball Association and its member teams (including the Team), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third parties performing services at the Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.

 

11. The Holder and the Holder's belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the NBA, Team and/or Arena, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the NBA, Team or Arena.  If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund.

 

12. The Holder grants permission to the NBA and Team (and their respective designees and agents) to utilize the Holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.  In addition, the Holder grants to the NBA and Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.

 

13. Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the Team, NBA, or Arena, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to Monumental Sports & Entertainment, 601 F Street, NW, Washington DC 20004. The Holder and the Team, NBA, and/or Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice.  If the parties 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 Washington, DC conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective July 1, 2014, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Team and NBA are engaged in transactions involving interstate commerce with respect to the Event).  The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder.  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.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE HOLDER, ARENA, TEAM AND NBA AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION.   IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA. 

 

14. Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.

 

15. If any provision or part of these terms or the Supplemental Terms 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 the Supplemental Terms remain valid and binding.

 

16. In the event of a conflict between Ticketmaster’s terms and these terms and conditions, these terms and conditions will apply.

 

WNBA TERMS AND CONDITIONS

 

1. PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.

 

2. This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the "Holder"), agrees to all of its terms.  The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by the Washington Mystics and/or its affiliates (the “Team”), the Women’s National Basketball Association and/or its affiliates (the "WNBA"), and the arena or related arena grounds (including, without limitation, parking areas and entry gates) (the “Arena”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Supplemental Terms”).  Supplemental Terms include the health and safety requirements and other terms set forth at the following URL: https://eventsdc.com/venue/entertainment-and-sports-arena/health-and-safety. By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them.

 

3. Due to the uncertainty related to COVID-19, this ticket and the Holder’s admission to the Arena are subject to all safety and health requirements and policies put in place by the Team, WNBA, and Arena, including 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) and those policies and requirements described in the Supplemental Terms.  Such policies and requirements as they may be updated from time to time (in the sole determination of the Team, WNBA and/or Arena) 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 Team or Arena personnel or signage in or around the Arena, 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.

 

4. The Holder agrees that neither the Holder, nor anyone in the Holder’s party, will attend the Event if any one or more of the following is true on the day of such Event:

 

  • Within the prior 14 days, the Holder has (or any person in the Holder’s party or with whom the Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;

 

  • Within the prior 48 hours, the Holder has (or any person in the Holder’s party or with whom the Holder has had close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention); or

 

  • Within the prior 14 days, the Holder has (or any person in the Holder’s party or with whom the Holder has had close contact has) travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.

 

5.. To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other WNBA, Team and Arena rules, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team or the WNBA.  Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including pre-Event requirements established by the Team or Arena) may be voided by the Team and this ticket cancelled.

 

6. ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) if admission is refused or revoked, or the Event is cancelled and not replayed, is a refund of up to the ticket’s face value set by the Team (the “Face Value”).  IN NO EVENT SHALL THE TEAM, WNBA, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.

 

7. The Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event.  This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Team and WNBA.

 

8. Breach of any of these terms, failure to comply with Safety Requirements or WNBA, Team and/or Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize the Team and/or the WNBA to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund in each case, and subject the Holder to all legal remedies available to the WNBA, Team and/or Arena.

 

9. The Holder expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the Safety Requirements described ABOVE) can eliminate the risk of exposure to COVID-19.  COVID-19 is an extremely contagious disease that can lead to severe illness and death.  While people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and underlying medical conditions.  THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury (including death), sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Event, whether occurring prior to, during, or after the Event, however caused and whether by negligence or otherwise.

 

10. On behalf of the Holder and the Holder’s Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.

 

As used herein:

 

  • “Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.

 

  • “Released Parties” means: (i) the Women’s National Basketball Association and its member teams (including the Team), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third parties performing services at the Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.

 

11. The Holder and the Holder's belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the WNBA, Team and/or Arena, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the WNBA, Team or Arena.  If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund.

 

12. The Holder grants permission to the WNBA and Team (and their respective designees and agents) to utilize the Holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.  In addition, the Holder grants to the WNBA and Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.

 

13. Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the Team, WNBA, or Arena, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to Washington Mystics, 601 F Street, NW, Washington DC 20004. The Holder and the Team, WNBA, and/or Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice.   If the parties 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 Washington, DC conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective July 1, 2014, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Team and WNBA are engaged in transactions involving interstate commerce with respect to the Event).  The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder.  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.   Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE HOLDER, ARENA, TEAM AND WNBA AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION.  IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA. 

 

14. Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.

 

15. If any provision or part of these terms or the Supplemental Terms 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 the Supplemental Terms remain valid and binding.

 

16. In the event of a conflict between Ticketmaster terms and these terms and conditions, these terms and conditions will apply.

 

NBA G LEAGUE TERMS AND CONDITIONS

 

1.    PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.

 

2.    This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the "Holder"), agrees to all of its terms.  The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by the Capital City Go-Go and/or its affiliates (the “Team”), the NBA G League and/or its affiliates (the "NBA G League"), and any operator of the arena or related arena grounds (including, without limitation, parking areas and entry gates) (the “Arena”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Supplemental Terms”).  SUPPLEMENTAL TERMS INCLUDE THE HEALTH AND SAFETY REQUIREMENTS AND OTHER TERMS SET FORTH AT THE FOLLOWING URL: https://eventsdc.com/venue/entertainment-and-sports-arena/health-and-safety. By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them.

 

3.    Due to the uncertainty related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”), this ticket and the Holder’s admission to the Arena are subject to all safety and health requirements and policies put in place by the Team, NBA G League, and Arena, including any requirements relating to facemasks and/or enhanced health screenings (which may include a requirement that the Holder, and any person for whom the Holder obtains a ticket or is in the Holder’s party, be tested for and/or vaccinated for COVID-19 prior to the Event) and those policies and requirements described in the Supplemental Terms.  Such policies and requirements as they may be updated from time to time (in the sole determination of the Team, NBA G League and/or Arena) 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 Team or Arena personnel or signage in or around the Arena, 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 acknowledges and agrees that attendance at the Event is conditioned on such compliance.

 

4.    The Holder agrees, on behalf of the Holder and Holder’s Related Persons (defined below), that the Holder and each such individual will not attend the Event if, within the prior 14 days, any such individual has tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention (“CDC”)), any one or more of the following is true on the day of such Event:

 

•    Within the prior 14 days, any such individual was exposed to someone who has tested positive for COVID-19;

 

•    Within the prior 48 hours, any such individual has experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”)); anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to the Event should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending; or

 

•    Within the prior 14 days, any such individual has travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.

 

5.    To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other NBA G League, Team and Arena rules, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team or the NBA G League.  Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including pre-Event requirements established by the Team or Arena) may be voided by the Team and this ticket cancelled.

 

6.    ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) IF ADMISSION IS REFUSED OR REVOKED, OR THE EVENT IS CANCELLED AND NOT RESCHEDULED, IS A REFUND OF UP TO THE TICKET’S FACE VALUE SET BY THE TEAM (THE “FACE VALUE”).  IN NO EVENT SHALL THE TEAM, NBA G LEAGUE, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.

 

7.    The Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event.  This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Team and NBA G League.

 

8.    Breach of any of these terms, failure to comply with Safety Requirements or NBA G League, Team and/or Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize the Team and/or the NBA G League to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund or credit in each case, and subject the Holder to all legal remedies available to the NBA G League, Team and/or Arena.

 

9.    THE HOLDER EXPRESSLY ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19.  COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH.  WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN CATEGORIES OF PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS.  THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.

 

10.    On behalf of the Holder and the Holder’s Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.

 

As used herein:

 

•    “Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder or for whom Holder has obtained an Event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.

 

•    “Released Parties” means: (i) the NBA G League and its teams (including the Team), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third parties performing services at the Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.

11.    The Holder and the Holder's belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the NBA G League, Team and/or Arena, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the NBA G League, Team or Arena.  If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund or credit.

 

12.    The Holder grants permission to the NBA G League and Team (and their respective designees and agents) to utilize the Holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.  In addition, the Holder grants to the NBA G League and Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.

 

13.    Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the Team, NBA G League, or Arena, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to Monumental Sports & Entertainment, 601 F Street NW, Washington DC 20004. The Holder and the Team, NBA G League, and/or Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice.  If the parties 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 Washington, DC conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Team and NBA G League are engaged in transactions involving interstate commerce with respect to the Event).  The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder.  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 exclusively to the arbitrator selected pursuant to this provision.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE HOLDER, ARENA, TEAM AND NBA G LEAGUE AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION.  IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA. 

 

14.    Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.

 

15.    If any provision or part of these terms or the Supplemental Terms 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 the Supplemental Terms remain valid and binding.

 

16.    In the event of a conflict between Ticketmaster terms and these terms and conditions, these terms and conditions will apply.