Cardinals Ticket Terms and Conditions
(DATED: November 22, 2024)
1. Conditions of Admission
This ticket is a limited, revocable personal license (the “Revocable License”) granted by St. Louis Cardinals, LLC (the “Cardinals”) directly or, if applicable, on behalf of an Event Host (defined below) to Licensee (defined below), and, Licensee by using or conveying this ticket, agrees to these Cardinals Ticket Terms and Conditions (the “Agreement”). Licensee may also request a copy of the Agreement upon request at the box office at Busch Stadium, 700 Clark Street, St. Louis, Missouri 63102 (the “Stadium”), by calling (314) 345-9000 or at cardinals.com/ticketback. This Agreement will control if there is any conflict with the terms contained on the ticket. As used in this Agreement: (a) “Licensee” is a defined term for (i) an adult with legal capacity who purchases or otherwise acquires this ticket for personal use or for use of a Minor (defined below) or any other individual in accordance with this Agreement and/or (ii) any other individual who is a holder of the ticket at any time regardless of whether such individual is the original purchaser or recipient of the ticket or an acquirer of the ticket from a third party notwithstanding whether or not such individual is actually admitted to the Venue upon presentation of this ticket, and (b) “Minor” is a defined term for, inclusively, one or more individuals under the age of eighteen (18) and any other individual without legal capacity for whom Licensee retains a ticket or for whom the Licensee provides the ticket for use.
Licensee is admitted to the Stadium or other applicable venue to which the ticket provides access, including their respective surrounding grounds and parking areas (collectively, the “Venue”) for the game, tour, performance or other event for which the ticket grants Licensee admission (as applicable, the “Event”) at the location specified on the ticket on condition of Licensee’s agreement to the terms of the Agreement.
Licensee agrees: (a) not to transmit or aid in transmitting, in any media, any information about all or any part of the Event, including, but not limited to, any account, description, photographs, images, video, audio, livestream, reproduction, or other information (including play-by-play data or any statistical data), whether text, data, or visual, concerning the Event (collectively, the “Event Information”), (b) Cardinals and each of the Cardinals respective past, present, and future subsidiaries, affiliates, agents, officers, employees, and owners are the exclusive owners of all intellectual property rights to the Event and the Event Information, and (c) Cardinals, the MLB Entities (defined below), and each of their respective designees, have the unrestricted right and license to use Licensee’s image, voice, likeness, name, comments, and/or any other proprietary or public rights in any live or recorded broadcast, telecast, video, photograph, image, depiction, audio, audiovisual and/or other recording made in connection with any portion of 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, for any purpose whatsoever, including commercial and promotional purposes.
The Cardinals and/or any other host of Event (collectively, with the Cardinals, the “Event Hosts”) reserve the right to reassign or, as applicable, relocate the Licensee, from the seating location stated on or otherwise applicable to the ticket to an alternate location if and when, in the Event Hosts’ sole discretion, any such modification to the Revocable License (defined below) under this Agreement is necessary or appropriate for purposes of access and control of the Venue, health, safety or security of the occupants of the Venue, management of the Event, or as required to comply with applicable laws, regulations, and protocols, or requirements of the MLB Entities in connection with the Venue and/or the Event.
2. Cause for Refusal of Admission or Ejection
The Revocable License for the Event at the Venue only grants entry into the Venue and a specified spectator seat, club area, or standing room (as applicable) for the duration of the Event. The Event Hosts reserve the right to terminate the Revocable License granted by this ticket at any time, for any reason or no reason, and any such revocation will be in the Event Hosts’ sole and exclusive discretion. Admission may be refused or Licensee may be ejected in the sole discretion of Event Hosts, subject to a refund of the price originally paid to the Event Host in accordance with this Agreement for this ticket, or without a refund if Licensee (a) fails to comply with any applicable law, (b) acts in an improper, disorderly, or unbecoming manner, including without limitation, uses vulgar or abusive language, or engages in conduct deemed by the Event Hosts to be improper, disorderly or unbecoming, (c) is or appears to be intoxicated, (d) does not present a valid ticket upon request, or (e) fails to meet or comply with (i) the terms of the Agreement, (ii) any rules applicable to the Venue or (iii) any instruction provided by any authorized representative of the Event Host regarding conduct in contravention to the rules of the Venue and/or the safety of other individuals present at the Venue. The Venue code of conduct is available at cardinals.com/security.
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. ALL TOBACCO USE AND VAPING OF ANY KIND IS PROHIBITED.
3. Inspection Policy; Consent to Search
Licensee and Licensee’s belongings may be searched, whether by walk-through metal detection, handheld metal detection, bag checks, or otherwise, upon entry into the Venue or at any time while on the Venue premises, and any item or object prohibited by Venue rules or that the Event Hosts consider potentially dangerous, hazardous, inappropriate, and/or injurious to other patrons (collectively, “Prohibited Items”) may be confiscated. By tendering this ticket, Licensee consents to such search and screenings and waives any related claims that Licensee may have against the Event Hosts in connection with any such inspection and/or confiscation of Prohibited Items. If the Licensee does not consent to such search and screenings, Licensee will be refused admission or ejected from the Venue.
A summary of the Venue inspection policy and a partial list of Prohibited Items may be accessed at cardinals.com/security.
4. Assumptions of Risks at the Venue
Licensee, on behalf of Licensee, any Accompanying Party, recognizes that attendance of Licensee or any Accompanying Party at the Event is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of game play and surroundings. By using this ticket or by attending, observing or participating in the Event, Licensee, on behalf of Licensee, any Accompanying Party, acknowledges and assumes all risk and dangers incidental to the game of baseball or otherwise to the Event, whether occurring prior to, during or subsequent to the Event, including the risks of lost, stolen or damaged property, personal injury or death. Such risks being assumed by Licensee specifically include the risk of injury being a spectator before, during, and after an Event (including all warm-ups, practices, pre-game, post-game, and between-inning activities, promotions, and competitions) by thrown bats, bat fragments, thrown or batted balls, other thrown, dropped or launched items, projectiles or other hazards or distractions, animals, incidents or accidents or transmission of disease associated with crowds of people or the negligence or misconduct of other individuals.
5. Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses
This section is an acknowledgement and express assumption of risk and release of liability in any way related to or arising from being exposed to or contracting, in or around any part of the Venue, Communicable Disease (defined below). By presenting this ticket for admission to the Event, Licensee is acknowledging and confirming, on their behalf and on behalf of any Accompanying Party (defined below), both now and in the future, that Licensee understands and expressly assumes the risk that Licensee or any Accompanying Party may be exposed to Communicable Disease.
“Accompanying Party” is a defined term for a Minor or any party for whom Licensee obtains and/or retains a ticket to attend the Event and for whom Licensee represents to have authorization to act on such other party’ s behalf in accepting the applicable ticket terms.
A “Communicable Disease” is a defined term for the coronavirus that causes COVID-19, any strains, variants, or mutations thereof, and/or any other airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
AN INHERENT RISK OF EXPOSURE TO OTHER COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. LICENSEE, ON LICENSEE’S BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTY, AGREES TO (a) ASSUME ALL RISKS ASSOCIATED WITH COMMUNICABLE DISEASES, AND (b) COMPLY WITH ALL RELATED HEALTH AND SAFETY POLICIES OF THE EVENT HOSTS AND THE VENUE.
Licensee, on Licensee’s behalf and on behalf of any Accompanying Party, acknowledges and agrees to comply with (a) all relevant policies and protocols issued by the Event Hosts and/or the Venue, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at cardinals.com/health-and-safety-policies (collectively, “Health and Safety Policies”), all of which may continue to be updated from time to time between purchase of this ticket and the Event date, (b) all current guidance of the Centers for Disease Control and Prevention and (c) all applicable laws and policies of federal, state, city and local authorities.
Event Hosts and any of their respective designees have the right to deny admission to or eject any person who the Event Hosts or such designees determine, in their sole discretion, poses a risk to the health or safety of others and/or whose conduct violates Health and Safety Policies. Licensee assumes all risk of not being admitted to the Venue as a result of a violation of Health and Safety Policies, despite presenting an otherwise valid ticket.
By using this ticket, Licensee is acknowledging and confirming, both now and in the future, that Licensee understands and expressly assumes the risk that Licensee and any Accompanying Party may be exposed to a Communicable Disease. Licensee expressly understands that these risks include contracting a Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting a Communicable Disease. Licensee further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease that it cannot be guaranteed that Licensee or any Accompanying Party will be free from exposure to a Communicable Disease, and that as such, potential exposure to or contraction of a Communicable Disease are risks inherent in Licensee’s decision to use this ticket that cannot be eliminated.
6. Fan Health Promise
Licensee acknowledges and understands that, if infected with a Communicable Disease (as defined at the conclusion of this paragraph), Licensee and/or any Accompanying Party may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Licensee agrees that neither Licensee 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 a Communicable Disease).
7. Consent to Medical Transit and Treatment and Assumption of Responsibility for Costs
If Licensee or any Accompanying Party suffers any illness or personal injury in connection with the Event, Licensee authorizes the Released Parties (defined below) to use their discretion as to whether or not Licensee should be transported to an on-site first aid station or off-site medical facility and/or receive an examination, x-ray, anesthetic, medical, surgical or dental diagnosis or treatment and hospital care (collectively, as applicable, “Medical Transit and Treatment”). Licensee hereby accepts full responsibility for all costs and expenses associated with any such Medical Transit and Treatment administered to Licensee and releases the Released Parties from any and all liability associated with any such Medical Transit and Treatment.
8. GENERAL WAIVER, RELEASE OF LIABILITY and covenant not to sue
Licensee, on behalf of Licensee, any Accompanying Party, and any of their respective Related Persons (defined below), waives, releases, discharges, holds harmless, and covenants not to sue the Released Parties with respect to any Released Claim (defined below).
“MLB Entities” is a defined term for, collectively, all Major League Baseball clubs (the “Clubs”), MLB Advanced Media, L.P., the Office of the Major League Commissioner (“BOC”), Major League Baseball Properties, Inc., the MLB Network, LLC, and each of their respective parent, subsidiary, affiliated and released entities, any entity which now, or in the future, controls, is controlled by, or is under common control of the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
“Related Persons” is a defined term for Licensee’s and Accompanying Party’s respective personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on Licensee’s or any Accompanying Party’s behalf.
“Released Claim” is a defined term for any claim, liability or demand of whatever kind or nature, either in law or in equity, including, without limitation, those claims that arise as a result of: in whole or in part, the sole, joint, or comparative negligence, or strict liability, of the Released Parties, that may arise in connection with, or relate in any way to: (a) use of this ticket, (b) presence at the Venue, including, without limitation, the inherent risks associated with visiting the Venue and all claims for personal injuries, wrongful death or exposure to or contraction of a Communicable Disease by Licensee, any Accompanying Party, or other individuals exposed to a Communicable Disease by Licensee or any Accompanying Party, (c) participation in the Event or any related activities arranged, promoted and/or sponsored by the Released Parties, (d) refusal of admission of the Licensee, removing the Licensee or any other holder of the ticket from the Venue or any other License Revocation (defined below), (e) claims for costs of transportation and/or Medical Transit and Treatment or (f) claims that Licensee 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 Licensee from the Event appear.
“Released Parties” is a defined term for (a) the Cardinals, (b) the Cardinals’ respective past, present and future licensees, contractors, sponsors, and vendors, and all of their successors and assigns, (c) all other MLB Entities, (d) Cardinals Ballpark, LLC, (e) any other party that is one of the Event Hosts not already referenced in this sentence, (f) the ticket manufacturer, ticket platform or any other provider of this ticket to the Original Licensee, 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 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, are interpreted to be as broad and inclusive as is permitted by law. 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.
BY ENTERING THE VENUE AND/OR ATTENDING THE EVENT, LICENSEE IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
LICENSEE IS DEEMED TO HAVE GIVEN ALL OF THE GRANTS OF RIGHTS, RELEASES AND WAIVERS AND AGREED TO ASSUME RESPONSIBILITIES SET FORTH IN THIS AGREEMENT ON BEHALF OF ANY MINOR holding the ticket and/or granted admission by presenting such ticket. IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS AND ASSUME RESPONSIBILITIES ON BEHALF OF THE MINOR, LICENSEE MAY NOT PERMIT THE MINOR TO ENTER THE VENUE OR ATTEND THE EVENT AND/OR SHOULD IMMEDIATELY CAUSE THE MINOR TO LEAVE THE EVENT.
9. Limitation of Liability and Agreement to Hold Harmless
To the extent permitted by applicable law, and notwithstanding anything to the contrary in this Agreement, the total aggregate liability of Event Hosts to Licensee arising out of or in connection with (a) the ticket, the Revocable License, and/or Licensee’s presence at the Venue or Event, (b) Licensee’s use or prevention of use of the ticket, ejection, removal or relocation of Licensee from or within the Venue, (c) any deactivation, cancellation or revocation of the ticket (prior or after presentation by the Licensee for admission to an Event), (d) any exercise of a License Revocation, or (e) Medical Transit and Treatment, or (f) any other actual or alleged act or omission of the Event Hosts in absence of negligence, bad faith or willful misconduct shall in no event exceed the Original Distribution Price (defined below). Any Licensee who needs assistance in determining the Original Distribution Price may contact the Event Hosts to obtain such information.
Licensee agrees to 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 any Released Claim.
10. Prohibition Against Commercial Use
This ticket may not be used for any commercial, promotional, or trade purposes (including door prizes, contests, promotions or sweepstakes) without the prior expressed written consent of Cardinals. Any use of this ticket for commercial purpose or improper offer or completed resale referenced above will invalidate the Revocable License granted by this ticket and the holder of any such ticket will be refused entry or removed from the Venue. Any photographic, video, audio or any other multi-media representation collected, in any medium and in any form, while present on the Venue premises is expressly prohibited from public or commercial use in any medium without the prior written consent of the Cardinals and/or the BOC.
11. Ticket Transfer Restrictions
This ticket may not be resold or offered for resale on the Venue premises. Any person violating this provision may be subject to prosecution. Notwithstanding anything in this Agreement to the contrary, expressed or implied, no offer to resell or for resale of this ticket is permitted to the extent prohibited by any applicable federal, state, or local law or regulation.
Licensee expressly acknowledges and agrees that this and any tickets to an Event at the Venue are sold for the purpose of permitting a Licensee or any subsequent Licensee receiving a Permitted Transfer (defined below) of such ticket to attend the Event represented by the ticket. As such, Licensee acknowledges that non-permitted Transfers of tickets (the “Ticket Transfer Restrictions”) may terminate the Revocable License granted for the usage of the ticket or constitute a basis for the seizure or cancellation of the ticket without refund or other compensation.
As used in this Agreement, the following defined terms shall apply:
- “ATM” is a defined term for the Event Hosts’ authorized ticket marketplace(s) that will be specifically designated and/or accessible at cardinals.com or identified by the Event Hosts through other channels or means.
- “Broker” is a defined term for any individual or entity who engages in Broker Activity, as determined by the Event Hosts in its sole discretion.
- “Broker Activity” is a defined term for any activity that indicates, as determined by the Event Hosts in Event Hosts’ sole discretion, to resell the ticket, with or without realization of Excess Value, in a commercial manner that is inconsistent with personal, non-commercial use, which may include, without limitation, one or more of the following activities: (i) the sale or attempted sale or listing for sale of the ticket on multiple ATMs (or any other secondary ticket marketplace), (ii) Licensee’s engaging in the sale or attempted sale or listing for sale of the Event ticket in an ATM (or any other secondary ticket marketplace) account that also lists tickets associated with multiple venues, (iii) Licensee’s utilization of software or other technology or tactics to allow automated listing and price adjustments of the ticket on an ATM (or any other secondary ticket marketplace), (iv) the sale or attempted sale or ATM (or any other secondary ticket marketplace) listing for sale of over fifty percent (50%) of the total inventory of Event tickets of the Licensee for the year in which any ticket is associated, (v) engaging in a frequency of listing and/or Transfers inconsistent with personal, non-commercial activities, (vi) engaging in Transfers to third-parties that are commercial ticket resellers, and (vii) Transfers to or other coordination with affiliates to market the ticket via an ATM or otherwise.
- “Excess Value” is a defined term for the monetary value derived from the Resale of ticket in excess of the (i) Original Distribution Price and (ii) fees charged to the Licensee by the ATM in connection with such Resale transaction.
- “License Revocation” is a defined term for any of the following actions by the Event Host, which the Event Host may take without prior notice to any Licensee: (i) termination of the Revocable License granted by the ticket, including, without limitation, deactivation, cancellation or revocation of the ticket, (ii) the seizure, cancellation or refusal to accept the ticket without refund or other compensation, and/or (iii) termination of the Revocable License granted for all tickets that are controlled by or affiliated with such Licensee or individuals/entities determined by the Event Hosts to be associated with such Licensee, or in the case of Broker Activity, any tickets associated with such Broker Activity, each (items (i) through (iii), above) without refund or other compensation.
- “Non-Permitted Transfer” is a defined term for a Transfer specifically prohibited or determined by the Event Hosts to be unauthorized under these Ticket Transfer Restrictions.
- “Original Distribution” is a defined term for the original sale or other distribution of the ticket by the Event Hosts to the Original Licensee.
- “Original Distribution Conditions” is a defined term for any special restriction that the Event Host places on the Original Distribution, including, without limitation, not specifically enumerated in this Agreement, including, without limitation, (i) terms that mandate or prescribe the quantity of tickets available to be purchased, (ii) additional requirements regarding any Accompanying Party, and (iii) terms restricting the resale or transfer of tickets.
- “Original Distribution Price” is a defined term for the price established by the MLB Entities or the Event Hosts when such ticket was first sold or distributed by the Event Hosts to the Original Licensee, including any inclusive tax, service or convenience fees/charges charged by the Event Hosts.
- “Original Licensee” is a defined term for the first Licensee to which the Event Host delivers or distributes the ticket.
- “Permitted Transfer” is a defined term for a Transfer that is authorized by or specifically exempted from these Ticket Transfer Restrictions.
- “Resale”, “Resell” or “Reselling” is a defined term for any Transfer of ticket in exchange for money or any other thing of value.
- “Transfer(s)” is a defined term for any transfer of possession or right to use of the ticket by a Licensee to a third party (in each instance whether such third party is a person or entity).
By the acceptance, possession or use of a ticket, Licensee acknowledges and agrees that each of the following are a Non-Permitted Transfer and will be cause for the Event Host to exercise a License Revocation:
- Any Broker Activity involving ticket, as determined in the sole discretion of the Event Hosts, is a Non-Permitted Transfer unless specifically approved by the Event Hosts;
- Any Resale or attempted Resale of ticket on a publicly available, secondary ticket marketplace other than an ATM;
- Any Resale or attempted Resale of ticket at the Venue; or
- Any Resale or attempted Resale of ticket in a manner that is not permitted under the Original Distribution Conditions (including, without limitation, via an ATM).
Any Resale or attempted Resale of ticket by a Licensee on a publicly available, secondary ticket marketplace shall occur exclusively on an ATM For the avoidance of doubt with respect to the application of these Ticket Transfer Restrictions, the following are considered to be Permitted Transfers:
- Ticket Transfer activity involving the exchange of ticket among family members, friends, or ticket partnership groups without realizing Excess Value regardless of the frequency of the Transfers.
- Ticket Transfer activity connected with the use of ticket for any charitable or non-profit purpose that has been previously disclosed to the Event Hosts.
- The Resale of ticket on an ATM where the purpose for the sale, as determined by the Event Hosts in its sole discretion, was unrelated to Broker Activity.
Notwithstanding the provisions of these Ticket Transfer Restrictions with respect to Broker Activity, certain Licensees may be permitted to engage in Broker Activity. If a Licensee is permitted by the Event Hosts to engage in Broker Activity, the Licensee and all other parties deemed necessary by the Event Hosts (collectively the “Broker Parties”) must agree to be bound by certain additional terms and conditions, set forth in a separate agreement, in writing, between the Event Hosts, Licensee and the Broker Parties.
12. Other Cause for License Revocation
From time to time, the Event Host may offer tickets for sale or other distribution subject to Original Distribution Conditions. Any Original Distribution that violates the Original Distribution Conditions, as determined by the Event Host in Event Hosts’ sole discretion, is cause for a License Revocation, including, without limitation, any use of multiple ticket accounts associated with the same individual, entity or method of payment (e.g., credit card) in a manner that circumvents the Original Distribution Conditions.
Notwithstanding anything in this Agreement to the contrary, the Event Hosts may, at Event Hosts’ sole discretion, exercise a License Revocation of any ticket without cause upon providing a refund of the Original Distribution Price in accordance with this Agreement.
13. No Refunds or Exchanges
Except as expressly provided in this Agreement: (a) the Licensee will not be entitled to any refund, including the amount paid for the ticket or other amount referenced on the face of the ticket, and (b) the Licensee will not be entitled to exchange the ticket for any other Event.
THE EVENT HOSTS ARE NOT RESPONSIBLE FOR LOST, STOLEN, OR DUPLICATED TICKETS.
14. Postponement, Cancellation and Refund Policies
ALL EVENT TIMES ARE SUBJECT TO CHANGE.
If the Event is canceled or postponed due to rain, other inclement weather conditions or any other reason, or the Event proceeds under circumstances by which the seating capacity of the Venue is reduced, this ticket will be subject to Event Hosts’ announced policy for the Event. Licensee must retain the ticket until the Event Hosts announce the policy for the Event, which may be through the media or cardinals.com. When the Event is a Major League Baseball game, should the game progress to or beyond a point of play constituting a regulation game, no refunds will be issued. Otherwise, refunds for abbreviated Events will be issued only in accordance with the Event Hosts’ announced policy for the Event.
When the applicable ticket policy for an Event includes a refund or a refund is otherwise permitted in accordance with this Agreement, in no event will the Event Hosts issue a refund that exceeds the Original Distribution Price. The Event Hosts reserve the right to issue any and all refunds to the Original Licensee, even if the Original Licensee is not the Licensee at the time the refund policy or decision comes into effect. If the Original Licensee purchased the ticket as part of a full or partial season ticket package or any other package, the refund will be calculated on the basis of average ticket price of the applicable package paid by the Original Licensee. Unless expressly provided otherwise in an applicable Event refund policy, the Event Hosts will not be responsible for refunds to Licensees who are not the Original Licensee.
15. Mandatory Arbitration Agreement and Class Action Waiver
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION FOR DISPUTES IN CONNECTION WITH THE EVENT OR THE AGREEMENT (the “Arbitration Agreement”).
If the Licensee has any problem with this ticket and/or the Event, Licensee should first contact the Cardinals customer service team at [email protected] to attempt to resolve the matter quickly and amicably. Any dispute not resolved informally in such a manner must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Licensee and the Event Hosts agree to arbitrate, through binding arbitration, the following in accordance with this Arbitration Agreement (collectively, “Arbitration Claims”): (a) all claims or disputes relating in any way to (i) the Agreement, (ii) Licensee’s purchase or use of this ticket, (iii) Licensee’s participation in, attendance at, and/or observation of the Event, including, without limitation, claims of bodily injury, death, or property damage arising out of Licensee’s presence on or about the Venue or attendance at the Event, and (iv) the validity, scope or enforceability of this Arbitration Agreement, and (b) any and all claims against any of the Released Parties or in connection with any Released Claim; provided, however, Arbitration Claims may not include claims arising out of any other written agreement executed by the Licensee and the Event Hosts, including, without limitation, ticket consignment agreements, group sales agreements and/or sponsorship agreements. This Arbitration Agreement involves interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. ch. 1 (“FAA”), and not by state law.
In connection with any Arbitration Claim to be resolved by arbitration hereunder, neither Licensee nor the Event Hosts will be able to have a court or jury trial decide any such Arbitration Claims or participate in a class action or class arbitration relating to such Arbitration Claims. Other rights that Licensee and the Event Hosts would have in court will not be available or will be more limited in arbitration, including the right to appeal. Licensee and the Event Hosts each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH PARTY IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND ALL DISPUTES MUST 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 subject to this Arbitration Agreement will be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. Licensee 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 will take place in St. Louis, Missouri. The arbitration will be presided over by a single arbitrator, who will be selected in accordance with the rules that, as specified above, will govern the arbitration. The arbitrator will be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Licensee and the Event Hosts alone, except as otherwise specifically stated herein. The arbitrator will award the costs and fees of the arbitration, including reasonable attorney and expert witness fees, to the prevailing party. The arbitrator’s decision will be final and binding. This Arbitration Agreement will take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
Notwithstanding any other provision herein: (a) Licensee may seek relief for Arbitration Claims in the Small Claims Division of the Circuit Court of the City of St. Louis, Missouri (the “City Small Claims Division”), for Arbitration Claims that otherwise meet the jurisdictional requirements of the City Small Claims Division, (b) Licensee and the Event Hosts each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so, (c) if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement will be void, and (d) any Released Party subject to an Arbitration Claim by Licensee may elect to opt out of any proceeding in accordance with this Arbitration Agreement as to claims against such Released Party in the sole discussion of the applicable Released Party. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it will 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).
Prior to bringing a claim under this Arbitration Agreement, the claimant must give the other party or parties written notice of the Arbitration Claim (“Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to the Event Hosts must be sent by mail to St. Louis Cardinals, LLC, Attn: Legal Department, Re: Busch Stadium Claim Notice, 700 Clark Street, St. Louis, MO 63102. Any Claim Notice must: (a) identify the persons making the claim and, if applicable, the parent or guardian of any such person (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.
LICENSEE IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF LICENSEE DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR, LICENSEE MAY NOT PERMIT THE MINOR TO ATTEND THE EVENT AND/OR IMMEDIATELY CAUSE THE MINOR TO LEAVE THE EVENT.
16. Promotions and Giveaways
The Event Hosts may, from time to time and in the sole and exclusive discretion of the Event Hosts, offer gate giveaways and other promotions for an Event. Gate giveaways are subject to change. The most current description of the item and requirements for eligibility will be available via cardinals.com/promotions.
Giveaway items will be distributed on the day of the applicable game when the gates open, on a first-come, first-served basis, until all designated inventory has been distributed or for a duration of time determined in the sole discretion of Event Hosts. There is no guarantee that a gate giveaway will be available by the scheduled start of a game. Distribution of gate giveaways may be suspended if the Event Hosts determine that a game may be delayed due to adverse weather or for any other cause.
Each ticketed guest meeting the eligibility requirements will receive one (1) giveaway item (while supplies last). Guests with multiple tickets must exit and reenter the ballpark in order to receive multiple giveaway items. Children under the age of three need a ticket in order to receive a promotion item.
Giveaway dates, items, and quantities are subject to change in the sole discretion of the Event Hosts. The availability of giveaway items cannot be guaranteed due to potential shipping delays, postponement or cancellation of a game or for any other causes. If a giveaway item is not available when gates open for the applicable game, the Event Hosts will, at its sole discretion, determine and announce a make-good policy for eligible ticketholders, which policy may include an alternative giveaway item or voucher. The Event Hosts reserve the right to modify any such make-good policy in its discretion.
17. Postseason Games
Notwithstanding anything in this Agreement to the contrary, when the ticket is used for admission to an MLB Postseason game, including without limitation, the National League Wild Card, the National League Division Series, the National League Championship Series or the World Series, the terms and conditions available at mlb.com/postseasontickets will apply in place of those set forth herein.
18. Miscellaneous
The Event Hosts reserve the right to and may change the terms of the Agreement at any time, without notice, prior to the Event, and Licensee’s use of this ticket after such change is posted will mean that Licensee accepts such change(s). Licensee will be solely responsible for reading and understanding the Agreement before using this ticket.
The Agreement is governed by the laws of the State of Missouri, except the agreement to arbitrate, which is governed by the FAA. The parties stipulate that all claims and disputes between the parties not resolved in accordance with the Arbitration Agreement is exclusively subject to adjudication in a court located in the City of St. Louis, Missouri, including, without limitation, claims to enforce the Arbitration Agreement or any relief granted to a party pursuant to the Arbitration Agreement or in accordance with the FAA. Except as otherwise provided hereunder, in the event any provision of this Agreement or the application of any such provision is held to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and all previous agreements, discussions, communications and correspondence are superseded by the execution hereof.