Goodyear Ballpark Ticket Terms and Conditions

GOODYEAR BALLPARK

TICKET TERMS AND CONDITIONS

IMPORTANT: YOUR GAME TICKET IS A REVOCABLE LICENSE;
USER ACCEPTS RISK OF INJURY; AUTHORIZED RE-ENTRY ONLY

By using a ticket (“Ticket”) to the Event (as defined below) at Goodyear Ballpark (together with surrounding areas, including parking lots, “Ballpark”), Ticket holder (“Holder”), on his/her own behalf and on behalf of any minor accompanying Holder to the Event (“Minor(s)”), agrees to the following terms and conditions (the “Agreement”) which contains an AGREEMENT TO ARBITRATE And A class action waiver. The terms of this Agreement may change at any time, and Holder’s use of the Ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using the Ticket and entering the Ballpark.

Holder agrees that: (a) neither Holder nor Minor(s) will transmit or aid in transmitting any information about the baseball game or event at the Ballpark to which the Ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-game, post-game or between-inning activities, promotions, concerts or competitions offered in connection with the baseball game or event at the Ballpark (collectively, the “Event”), including, but not limited to, any photographs, images, videos, audio, livestreams or other accounts or descriptions (including play-by-play data) (whether text, data or visual), in any media, of all or any part of the Event (collectively, the “Event Information”) without the written consent of the Cleveland Guardians Baseball Company, LLC (“Cleveland Guardians”) or The Cincinnati Reds, LLC (“Cincinnati Reds”); (b) the Office of the Commissioner of Baseball (“BOC”), and/or MLB Advanced Media, L.P., as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (c) the Cleveland Guardians, the Cincinnati Reds, BOC, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, each of the other Major League Baseball Clubs and each of their respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners (collectively, the “MLB Entities”) and certain current and future sponsors and licensees of such MLB Entities will have the unrestricted right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of Minor(s) in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein are assignable.

Holder is subject to the rules and policies of the MLB Entities and the City of Goodyear, and Holder (i) consents to allowing the MLB Entities, the City of Goodyear, and/or their designated agents to inspect Holder’s and/or Minor(s)’ person and/or any bags, clothing, or other articles for health, safety and security purposes, whether by walk-through metal detection, handheld metal detection, physical pat downs, bag checks or other reasonable measures, (ii) consents to health-related conditions for attendance that are now or may later be established by the MLB Entities or the City of Goodyear, including any requirements pertaining to the wearing of masks and/or social distancing (the “Health-related Conditions”), and (iii) acknowledges and agrees that Holder and/or Minor(s) may be denied entry to or ejected from the Event if Holder and/or Minor(s) is/are in possession of any item or exhibit/exhibits any condition that the MLB Entities or the City of Goodyear consider potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to health and security searches and/or screening of Holder and/or Minor(s) and waives any claims that Holder and/or Minor(s) might have against the “Released Parties” (as defined herein). Holder acknowledges that neither the MLB Entities nor the City of Goodyear have liability for Holder’s and/or Minor(s)’ person or property.

Each Ticket to an Event at the Ballpark is a limited, revocable license (the “Revocable License”) granted to the Holder to attend the Event listed on the applicable Ticket. The MLB Entities reserve the right to terminate the Revocable License granted by the Ticket prior to the time the Event actually takes place by tendering to Holder the purchase price printed on the Ticket. Further, the MLB Entities reserve the right, in their sole discretion and without refund of any portion of the purchase price, to revoke the Revocable License granted and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by any of the MLB Entities to be improper, disorderly or unbecoming; (d) who uses vulgar, derogatory or abusive language; (e) who, in the sole judgment of the MLB Entities, is engaging in activity or causing a disturbance prohibiting attendees at the Event from enjoying the Event; (f) who refuses to comply with any Health-related Conditions; and/or (g) whose condition or conduct jeopardizes the safety of attendees at the Event.

ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE MLB ENTITIES ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.

Holder assumes all risk associated with the purchase of the Ticket and/or those of Minor(s) from anyone other than the MLB Entities or their designated agents. Neither the Ticket nor those of Minor(s) may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the MLB Entities. No offer to resell or resale of the Ticket and/or those of Minor(s) is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any unauthorized resale will invalidate the Revocable License granted by a Ticket. Neither the Ticket nor those of Minor(s) may be resold or offered for resale inside the Ballpark, and any person who sells or offers the Ticket and/or those of Minor(s) for resale at any price inside the Ballpark will be removed from the premises and may be prosecuted.

FORCE MAJEURE EVENTS

In the event of a riot, war, terrorism, or rebellion, fire, flood, severe storm, accident, pandemic, epidemic, state of emergency (national, state or local), declaration, order or rule of the Office of the Commissioner of Baseball, other act of God, event beyond the control of the Released Parties (as defined below), a player strike, management lockout, walk out, postponement or any other work stoppage (each a “Force Majeure Event”) makes it impractical or impossible for the Event to be held at the Ballpark, causes the postponement or cancellation of one or more Spring Training baseball games or any other event scheduled to take place at the Ballpark, or otherwise renders any seat licensed under this Agreement unavailable, unusable or prevents the Released Parties from providing any other product or service under this Agreement, then the Released Parties’ obligations under the agreement shall be suspended during the period of such inability, and such inability shall not be deemed a breach of this Agreement by the Released Parties. If, as a consequence of such Force Majeure Event, (a) the Event is postponed and not rescheduled, at the Ballpark or (b) patrons are not permitted to attend the Event in person, the fees and costs paid for the Ticket to such Event shall be, at the election of Holder, either: (x) applied as a credit towards future payment obligations of Holder hereunder, or (y) at the direction of Holder (as evidenced by a written and signed request) refunded within 60-days of the confirmed cancellation of the Event by the Office of the Commissioner of Baseball or, in the case of a prohibition of patrons in attendance at games, at the direction of Holder (as evidenced by a written and signed request) within 60-days of the date of the originally scheduled game. The remedies set forth in the immediately preceding sentence shall be the exclusive remedies for any cancelled game or for being deprived of access to the Ballpark due to a Force Majeure Event.

WAIVER AND RELEASE OF LIABILITY

Holder recognizes that attendance of Holder and Minor(s) at the Event is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of his/her surroundings and the surroundings of Minor(s). By using the Ticket or by attending, observing or participating in the Event, Holder acknowledges and assumes all risks, hazards and/or dangers associated with Holder and/or Minor(s) (i) being a spectator before, during, and after a baseball game (including all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions) and/or (ii) attending, observing or participating in the Event, in each case, whether any such risk, hazard and/or danger occurs prior to, during or subsequent thereto, including but not limited to the danger of being injured by thrown bats; bat fragments; thrown or batted balls; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents, accidents or illnesses associated with crowds of people or the actions, negligence or misconduct of other spectators. Holder agrees that (a) the MLB Entities, (b) the MLB Entities’ respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) all other Major League Baseball related entities, (d) the City of Goodyear, Arizona, (e) any other local or state governmental body associated with the Ballpark, (f) the Ticket manufacturer and/or provider, and (g) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities (subsections (a) through (g), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered as a result of Holder’s and/or Minor(s)’ participation in, attendance at, and/or observation of the Event and/or the negligence of any of the Released Parties (collectively, the “Released Claims”). Holder hereby further releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder or Minor(s) from the Event appear.

BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).

FOR CALIFORNIA RESIDENTS, THE HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT THEY ARE FAMILIAR WITH AND DO HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDE AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

To the fullest extent permitted by law, Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder’s and/or Minor(s)’ attendance at, observation of, and/or participation in the Event, (ii) Holder’s and/or Minor(s)’ acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.

ENTERING THE PLAYING FIELD, 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.

COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES.

AN INHERENT RISK OF EXPOSURE TO COVID-19 AND OTHER COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUB AND THE BALLPARK OWNER/OPERATOR.

Holder, on their behalf and on behalf of Minor(s) and any accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms) (“Accompanying Parties”), acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the MLB Entities and/or the Ballpark owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, all of which may continue to be updated from time to time between purchase of this ticket and the Event date, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities (subsections (1) and (2) are, collectively, “Health and Safety Rules”).

FAN HEALTH PROMISE

Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder, Minor(s) and/or Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that neither Holder nor any Accompanying Party will attend the Event if, on the date of the Event, they are required or recommended by Health and Safety Rules to stay at home, quarantine and/or isolate (e.g., as a result of testing positive for, experiencing symptoms of, or being in direct contact with someone who tested positive for, COVID-19 or other Communicable Disease). A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.

ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES

Holder, on their behalf and on behalf of any Minor(s) and Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Ballpark. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder, Minor(s) and/or any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder, Minor(s) and/or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.

RELEASE OF LIABILITY AND COVENANT NOT TO SUE

HOLDER, ON BEHALF OF HOLDER, MINOR(S), ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR(S), ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR(S) OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY RULES TO HOLDER, MINOR(S) OR ANY ACCOMPANYING PARTY.

The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)

The MLB Entities care deeply about maintaining good relationships with fans. If you have a problem with your Ticket and/or those of Minor(s) or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.

Unless prohibited by federal law, Holder and the MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of the Ticket and/or those of Minor(s), Holder’s and/or Minor(s)’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury, illness or property damage arising out of Holder’s and/or Minor(s)’ attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.

In any Arbitration Claim to be resolved by arbitration, neither Holder nor the MLB Entities will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the MLB Entities each understand and agree that by requiring each other to resolve all disputes through individual arbitration, BOTH ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.

Arbitrations shall be administered by JAMS pursuant to the applicable JAMS rules in effect at the time the arbitration is initiated (except any rules authorizing class arbitration). You may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 800-352-5267 or visiting www.jamsadr.com. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Maricopa County, Arizona. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the MLB Entities alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, Minor(s) and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

The MLB Entities will be responsible for paying all administrative costs of the arbitration other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the MLB Entities may seek relief for Arbitration Claims in a small claims court of competent jurisdiction. In addition, Holder and the MLB Entities each may exercise any lawful rights to seek provisional remedies in a court of competent jurisdiction, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Event. You must send your request to: Goodyear Ballpark, Attn: General Manager, Re: Spring Training Arbitration Clause Opt-Out, 1933 S. Ballpark Way, Goodyear, AZ 85338. The request must include your full name, address, ticket location or ticket account number, the date attending the Event(s), and the statement “I reject the Arbitration Agreement contained in my Spring Training Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.

Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice shall be sent by mail to Goodyear Ballpark, Attn: General Manager, Re: Ticket Claim Notice, 1933 S. Ballpark Way, Goodyear, AZ 85338. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.

IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).

TICKET USE/REFUND POLICY

Retain possession of the Ticket until the Event has concluded. The Ticket cannot be replaced if lost, stolen or destroyed. The Ticket is good only for the particular Event indicated on the Ticket, and no part of the purchase price will be refunded by reason of the failure of Holder to use it for the Event.

Should the Event be postponed or otherwise not completed due to rain or otherwise, the MLB Entities may reschedule or resume the Event on a new date or dates, at their sole discretion. Holder of a Ticket for an Event that is postponed or otherwise not completed may be given the option to use the Ticket on the date or dates on which such Event is rescheduled or resumed or for a future Event date(s), as may be announced in the sole discretion of the MLB Entities. No part of the purchase price will be refunded by reason of the failure of the Holder to use the Ticket on such rescheduled, resumed or future Event date or dates. All Events and Event activities are subject to modification or cancellation. Holder is encouraged to visit www.goodyearbp.com for a complete explanation of entry/exit privileges and any Ticket refund/exchange policy.

GIVEAWAY POLICY

While supplies last at the Holder’s point of entry. Giveaways are limited to a predetermined quantity units, unless otherwise noted. Only one giveaway per person will be given to the Holder of the ticket upon entering or exiting the Ballpark; such method of distribution will be determined by the Cleveland Guardians or Cincinnati Reds, as applicable, at its sole discretion. Holder is encouraged to visit www.goodyearbp.com for details and restrictions. SCHEDULE SUBJECT TO CHANGE WITHOUT NOTICE.

THIS TICKET IS A REVOCABLE LICENSE. USER ACCEPTS RISK OF INJURY. ALL EVENT DATES/TIMES ARE SUBJECT TO CHANGE. RELEASEES ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.

By acceptance/use of this ticket (“Ticket”) for the event (“Event”) at Goodyear Ballpark (“Ballpark”), the Ticket holder (“Holder”), on behalf of (i) himself/herself, and (ii) any accompanying party for whom Holder retains a ticket to the Event (each of whom Holder represents have authorized Holder to act on their behalf in accepting the Ticket terms)(collectively, an “Accompanying Party”), agrees to the terms and conditions available at www.mlb.com/goodyear (“Ballpark Terms”), also available at the Ballpark box office. Certain Ballpark Terms are summarized below. In the event of a conflict, the Ballpark Terms control.

WARNING: Holder acknowledges and assumes all risks and dangers associated with the Event or any promotions/activities before, during or after the Event (“Event Activities”), acknowledges that attendance is voluntary, and agrees that the City of Goodyear, The Cincinnati Reds LLC, Cleveland Guardians Baseball Company, LLC, Major League Baseball and all related entities and affiliates, together with their respective owners, directors, officers, employees, agents, licensees, sponsors, and vendors (collectively, the “Releasees”), will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered in connection with the Event/Event Activities, the negligence of any of the Releasees or any other incidents caused by crowds of people. By attending the Event/Event Activities, Holder is deemed to have given a full release of liability to the Releasees to the fullest extent permitted by law from any claims which Holder, and/or any Accompanying Party, has or may have for causes of action arising out of attendance at, observation of and/or participation in the Event/Event Activities.

AN INHERENT RISK OF EXPOSURE TO COVID-19 AND OTHER COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON HIS/HER BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTY, AGREES TO ASSUME ALL RISKS ASSOCIATED WITH ANY COMMUNICABLE DISEASE AND COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE RELEASEES.

The revocable license granted by this Ticket will be terminated, and ejection, detention or arrest may result for violating any law, the Ballpark Terms or any other Ballpark/Event policy. Holder consents to health and security searches/screenings, health related conditions for attendance, and waives all related claims. The resale of this Ticket in violation of applicable law, regulation or the policies of the Releasees will invalidate the license granted by this Ticket, and Holder assumes all risks associated with the purchase of this Ticket from unauthorized sources. Holder shall not transmit or aid in transmitting any images, videos, audio, livestreams or other accounts or descriptions about the Event/Event Activities in any media. Holder and any Accompanying Party consent to and waive compensation for use of their images or other personality rights in connection with the Event/Event Activities. This Ticket shall not be used for advertising, promotion (including contests/sweepstakes), or for other trade purposes.

This Ticket is only good for the Event indicated. All Events/Event Activities are subject to modification or cancellation. Visit www.goodyearbp.com for a complete explanation of entry/exit privileges and any ticket refund/exchange policy.

ANY DISPUTE, CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL AND BINDING ARBITRATION HELD IN MARICOPA COUNTY, AZ. THE HOLDER SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS/ENTITIES, OR ARBITRATE AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.