Orlando City Soccer Holdings, LLC - Ticket Terms
Each ticket is a revocable license that grants the ticketholder a one-time entry to the stadium and its surrounding premises (the “Stadium”) and a spectator or standing room only seat, with no right of re-entry, for the game, match, or event specified on the ticket (the “Event”), including pre-Event festivities (i.e., Mane Street Plaza) (this “License”). Admission to Holder may be refused, withdrawn, or ejected at the sole discretion of the Stadium, Major League Soccer, L.L.C. (“MLS”), Soccer United Marketing, LLC (“SUM”), National Women’s Soccer League, L.L.C. (“NWSL”), Orlando Sports Enterprises, LLC, and its affiliates (the “Club” and collectively with the Stadium, MLS, SUM, NWSL, “Management”). The holder, on behalf of the holder and any accompanying minors (collectively, the "Holder"), seeking entry pursuant to this License, agrees that admission is contingent on the Holder’s agreement to the following terms and conditions, as well as those available at www.mlssoccer.com/fan-code-of-conduct and at www.orlandocitysc.com/stadium (collectively, the “Terms”), that Holder is deemed to have read the Terms, and agrees to be bound by them. Failure to comply with any of the Terms shall result in forfeiture of this License and all rights arising hereunder without refund and shall entitle Management to pursue all additional legal remedies available to it.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES. THE SOLE AND EXCLUSIVE REMEDY IF ADMISSION IS REFUSED OR REVOKED, STADIUM CAPACITY LIMITATIONS RESULT IN TICKET CANCELLATION, IF THE EVENT IS NOT PLAYED AT THE STADIUM FOR ANY REASON, OR IF THE EVENT IS PLAYED WITHOUT FANS, A CREDIT OF UP TO THE TICKET PRICE SET BY MANAGEMENT’S SOLE DISCRETION (THE “FACE VALUE”) MAY BE OFFERED, UNLESS OTHERWISE PROVIDED BELOW OR IN AN EXISTING AGREEMENT WITH THE CLUB. IN NO EVENT SHALL MANAGEMENT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, AND IN NO EVENT SHALL ANY DAMAGES EXCEED THE FACE VALUE OF THE TICKET. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO OR ARISING FROM THIS LICENSE SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, AND FINAL MEDIATION IN ORLANDO, FLORIDA, AND IF NECESSARY, FOLLOWED BY CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN ORLANDO, FLORIDA. HOLDER AND MANAGEMENT EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT. ALL TERMS HEREIN SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES.
The date, time, opening of the gates, and/or cancellation of the Event, are all subject to change based on Management’s sole discretion, or as a result of events beyond Management’s control, and no such change or cancellation shall entitle the Holder to a refund or other remedy if the Holder does not attend the Event for any reason. Holder may be relocated to any alternative seat in the sole discretion of the Club, and no such relocation shall entitle Holder to a refund or any other remedy, if Holder is relocated to a seat of reasonably comparable face value as determined by the Club.
Holder must comply with all Event Terms including without limitation policies addressing security and fan conduct, health and safety, and bags. Holder and Holder's belongings may be searched upon entering the Stadium, and prohibited items may be confiscated, at the sole discretion of the Management. Holder consents to such searches and waives any and all claims relating to them. If Holder does not consent to such searches, Holder will be denied entry or ejected from the Stadium without refund. Further, Management reserves the right to refuse admission to or eject any Holder whose conduct, in Management’s sole discretion, violates the Terms, any applicable code of conduct, or is otherwise disorderly, without refund. Inappropriate behavior or abusive language may result in ejection (without refund), forfeiture of ticket privileges, and/or other legal action. The conclusion of each Event shall terminate all rights of the Holder provided by this License.
Holder agrees not to create, transmit, display, distribute, exploit, misappropriate, or sell (or aid in such activity) any description or account (in any form, whether text, data or visual, and including, without limitation, play-by-play data) of the Event for any commercial, non-personal, purpose. Holder agrees not to create, transmit, display, distribute, exploit, or sell (or aid in such activity) any photographs, images, videos, livestreams, broadcasts, audio, or other form of display including public performance or reproduction of any portion of the Event (the “Works”). Notwithstanding the foregoing, Holder agrees that by using this ticket to enter the Stadium, Holder shall be deemed to have signed this ticket and granted Management an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. Holder also grants irrevocable permission to Management (and their sponsors, licensees, advertisers, broadcasters, designees, and agents) to use, publish, edit, and alter Holder’s image, likeness, voice, actions, and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, publication, or reproduction of the Event for any purpose without further authorization or compensation and Holder waives all claims and potential claims relating to such use unless prohibited by law.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS, AND DANGERS arising from or relating in any way to the Event, the Stadium, or the Stadium’s environs, whether occurring before, during, or after the Event, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), the risk of physical injury or death, however caused, whether by players or coaching staff, by other people, or by objects such as balls entering the spectator area, an act of God, inclement weather, or otherwise, and the risks of lost, stolen, or damaged property. Holder hereby waives all claims and potential claims relating to such risks, hazards, and dangers.
Management is not responsible for, and may refuse to honor, any duplicate or duplicated, lost, stolen, destroyed, or counterfeit tickets. Use of this ticket in violation of any law including, without limitation, the unlawful resale or unlawful attempted resale of this ticket is strictly prohibited and will result in seizure, revocation, and/or forfeiture of this License without refund or compensation. This ticket is not redeemable for cash and may not be used for, or in connection with, any commercial or trade purposes including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling, or gaming activities, without the express written consent of Management.
Holder shall defend, indemnify, and hold harmless the Management and their past, present and future owners, officers, directors, employees, interns, contractors, vendors, volunteers, agents, affiliates, successors, managers, members, sponsors, shareholders, and assigns from and against all claims (whether alleged, adjudicated, or otherwise including third party claims and claims between the parties), actions, damages, liabilities, losses and expenses, to the extent attributable to Holder’s negligence, fault, or misconduct while in or around the Stadium or its environs.
All applicable federal, state, and/or local laws, regulations, orders, ordinances, and otherwise, shall and will be strictly enforced by the Management. Holder shall obey all instructions, directions, and requests of Management, all Stadium signage, and all of Management’s rules, regulations, and Terms.
Holder fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented from time to time by Management and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Stadium Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Holder’s spouse, family members (including minors), and other contacts; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. BY ENTERING THE STADIUM, HOLDER FULLY UNDERSTANDS AND KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS RELATED TO ITS ENTRY INTO, AND PRESENCE IN, THE STADIUM, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES. HOLDER ACCEPTS PERSONAL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITY, AND OTHER LOSSES THAT HOLDER OR ANY OF HOLDER’S RELATED PERSONS MAY INCUR IN CONNECTION WITH THE FOREGOING RISKS.
ON BEHALF OF HOLDER AND EACH OF HOLDER’S RELATED PERSONS, HOLDER HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH AND ALL OF THE RELEASED PARTIES FROM (OR WITH RESPECT TO) ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION, AND CLAIMS FOR DAMAGES, WHETHER PAST, PRESENT, OR FUTURE, AND WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH HOLDER’S DEATH, PERSONAL INJURY, ILLNESS, DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, WHICH HOLDER, OR ANY OF HOLDER’S RELATED PERSONS, MAY HAVE OR HEREAFTER ACCRUE AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF OR THAT RELATE IN ANY WAY TO (I) HOLDER’S EXPOSURES TO COVID-19; (II) HOLDER’S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE STADIUM OR COMPLIANCE WITH THE STADIUM PROTOCOLS OR ANY OTHER POLICIES OR PROTOCOLS APPLICABLE TO THE STADIUM; (III) ANY INTERACTION BETWEEN HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE STADIUM (INCLUDING, WITHOUT LIMITATION, ANY USHERS, TICKET-TAKERS, EVENT SECURITY, HEALTH AND SAFETY PERSONNEL, OR CLEANING, CONCESSIONS, OR PARKING PERSONNEL); OR (IV) ANY OF THE RISKS IDENTIFIED HEREIN, IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION, OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
For the purposes hereof, the “Released Parties” are: (i) MLS, SUM, NWSL, the members of MLS and NWSL and the Club operated by them, and each of their respective direct and indirect affiliates, owners, members, administrators, designees, licensees, agents, officers, directors, employees, sponsors, invitees, and contractors (and all employees of such contractors), the direct and indirect owners, lessees, and sublessees of the Stadium and surround premises of Stadium, and other personnel (collectively, including MLS, SUM, NWSL and the Club entities, “Management”); (ii) concessionaires, merchandisers, other vendors, and all other contractors performing services at the Stadium; (iii) other third parties present at or from time to time brought to the Stadium (including, without limitation, medical personnel); and (iv) any parents, subsidiaries, affiliated and related companies, and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors, and/or assigns of each of the foregoing entities and persons, whether past, present, or future, and whether in their institutional or personal capacities.
COVID-19 HEALTH PROMISE
In order to help mitigate the risk of transmission COVID-19, Holder agrees to the following:
Stay-at-home: Holder agrees that neither Holder, nor anyone in Holder’s party, will attend any Event if any one or more of the following is true on the day of such Event:
- Within the fourteen (14) days prior to the Event, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
- Within the forty-eight (48) hours prior to the Event, Holder has (or any person in Holder’s party or with whom Holder has 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 Health Canada, as applicable); and
- Within the fourteen (14) days prior to the Event, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) traveled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
Ticket Block/Pod Integrity: To help maintain social distancing guidelines, Holder agrees that Holder will use his or her best efforts to not sell, transfer (if available) or otherwise provide any of Holder’s tickets to anyone other than family with whom Holder has been sheltering (or other trusted acquaintances), unless Holder is selling, transferring (if available) or otherwise providing all such tickets (i.e., Holder’s full block/pod of tickets) to one party.