IMPORTANT: THIS EVENT TICKET IS A REVOCABLE LICENSE; THIS TICKET LIMITS USER’S LEGAL RIGHTS; USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT; NOT REDEEMABLE FOR CASH.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN.
By using this ticket for admission to Sloan Park and its surrounding areas, including parking lots (collectively, the “Ballpark”) ticket holder (“Holder”), on his/her own behalf, on behalf of any minor (to the extent permitted by law) accompanying Holder to the Event (defined below) (“Minor(s)”) and on behalf of 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 Party(ies)”), accepts and agrees to the following terms and conditions (the “Agreement”) which contains an Arbitration Agreement (defined below) and a class action waiver. By acceptance and/or use of this ticket and by causing this ticket to be scanned upon entry to the Ballpark for the Event, Holder is deemed to have signed this document and thereby agreed to have read the terms contained herein and has agreed to this license and to be bound by its terms. Failure to comply with any of the terms contained herein shall result in forfeiture of the license and all rights arising hereunder without refund, and shall entitle the Chicago Cubs Baseball Club, LLC (“Cubs”), Done & Dusted Productions, Inc. and/or TikTok, Inc. to pursue all legal remedies available. The Cubs may change the terms of the Agreement at any time, without notice, and Holder’s use of this ticket after such change is posted shall mean that Holder accepts such change(s). Holder, Minor(s) and/or Accompanying Parties are solely responsible for reading and understanding the Agreement before using this ticket:
Holder agrees that: (a) neither Holder, Minor(s) nor Accompanying Parties will create, transmit, distribute, display, exploit, misappropriate or sell (or aid in any such activity), other than for personal, non-commercial use, any information about the Event or any entertainment, attractions, pre-Event or post-Event activities, promotions or competitions offered in connection with the Event (collectively, the “Event”) including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively, the “Event Information”); (b) Done & Dusted Productions, Inc. (“Done & Dusted”), TikTok, Inc. (“TikTok”), and/or the Cubs as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; (c) Holder, on their behalf and on behalf of any Minor(s) and/or Accompanying Party(ies), consents to the audio, photo, and video recording of Holder’s, Minor’s and any Accompanying Party(ies)’s name, image, voice, likeness, appearance, comments, actions, statements and any other personal characteristics (collectively, “Likeness”) and (d) Done & Dusted, TikTok, and Cubs will have the unrestricted, irrevocable and royalty free right and license to use Holder’s Likeness and/or other proprietary or public rights and/or those of Minor(s) and Accompanying Parties 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 fully assignable, licensable and sublicensable. The rights granted by Holder are in addition to any fair use or other rights Done & Dusted, TikTok, and Cubs would enjoy in the Appearance as a member of the general public even if the terms set forth in this Agreement were not in place. Holder acknowledges that Holder will receive no payment or other consideration in connection with the Appearance or the rights Holder is granting herein on their behalf and on behalf of any Minor(s) and/or Accompanying Party(ies).
PLEASE BE ADVISED THAT DONE & DUSTED ON BEHALF OF TIKTOK (COLLECTIVELY, THE “PARTIES”), ARE PHOTOGRAPHING, FILMING AND/OR RECORDING THE PROGRAM CURRENTLY ENTITLED “TIKTOK IN THE MIX” (WT) (and by whatever name such program may now or hereafter be referred to, “PROGRAM”), IN THE BALLPARK.
HOLDER (ON THEIR BEHALF AND ON BEHALF OF ANY MINOR(S) AND/OR ACCOMPANYING PARTY(IES) [COLLECTIVELY, “YOU” OR “YOUR”]) ENTRANCE INTO THIS AREA WILL SERVE AS YOUR VOLUNTARY AGREEMENT TO BE PHOTOGRAPHED, FILMED AND/OR OTHERWISE RECORDED AND YOU AGREE THAT THE PARTIES AND THEIR AFFILIATES AND ASSIGNS (INCLUDING WITHOUT LIMITATION EVENT AND PROGRAM SPONSORS, ADVERTISERS, AND MARKETING PARTNERS) MAY USE, AND MAY GRANT OTHERS THE RIGHT TO USE, YOUR LIKENESS (AS PHOTOGRAPHED, FILMED AND/OR RECORDED), WITHOUT LIMITATION OR RESTRICTION, AS PART OF THE EVENT, PROGRAM OR ANY OTHER PRODUCTION, IN ANY MANNER WHATSOEVER AND IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, THROUGHOUT THE UNIVERSE, IN PERPETUITY, INCLUDING IN ADVERTISEMENTS AND PROMOTIONS, WITHOUT PAYMENT TO YOU OF ANY KIND.
THE PARTIES ARE PROCEEDING IN RELIANCE ON THIS NOTICE AND YOUR CONSENT. YOU RELEASE THE PARTIES AND THEIR RESPECTIVE AFFILIATES, DISTRIBUTORS, BROADCASTERS, LICENSEES, SUCCESSORS AND ASSIGNS, FROM ANY CLAIMS, DAMAGES, COSTS, AND CAUSES OF ACTION OF EVERY KIND AND NATURE, INCLUDING PERSONAL INJURY AND PROPERTY DAMAGE, IN CONNECTION WITH YOUR PARTICIPATION IN THE EVENT, PROGRAM, ANY OTHER PRODUCTION AND/OR THE USES DESCRIBED HEREIN.
IF YOU DO NOT AGREE TO THE FOREGOING, PLEASE DO NOT ENTER THE BALLPARK.
Holder, on their behalf and on behalf of any Minor(s) and/or Accompanying Party(ies), (i) consents to allowing the Cubs and/or the Parties to inspect Holder’s, Minor(s)’ and/or Accompanying Parties’ person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise, and (ii) acknowledges and agrees that Holder, Minor(s) and/or Accompanying Party(ies) may be denied entry to or ejected from the Event if Holder, Minor(s) and/or Accompanying Party(ies) is/are in possession of any item or object the Cubs consider potentially dangerous, hazardous, illegal, prohibited, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated and not returned. Holder, on their behalf and on behalf of any Minor(s) and/or Accompanying Party(ies), consents to security searches and/or screening of Holder, Minor(s) and/or Accompanying Party(ies) and waives any claims that Holder, Minor(s) and/or Accompanying Party(ies) might have against the “Released Parties**” (as defined herein). Holder acknowledges the Cubs and the Parties have no liability for Holder’s, Minor(s)’ and/or Accompanying Party(ies)’ person or property.
This ticket is a license revocable with or without cause in the sole and absolute discretion of the Cubs or the Parties. The Cubs and the Parties each reserve the right to terminate the license granted to Holder by this ticket and/or the ticket(s) of Minor(s) and/or Accompanying Party(ies) by tendering to Holder the purchase price printed on this ticket and/or the ticket(s) of Minor(s) and/or Accompanying Party(ies). Further, the Cubs and the Parties reserve the right, without refund of any portion of the purchase price, to revoke the license granted by this ticket and/or the ticket(s) of Minor(s) and/or Accompanying Party(ies) and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated or under the influence of illegal substances; (c) whose conduct violates the applicable guest Code of Conduct or is deemed by any employee, contractor or agent of the Cubs and/or the Parties to be improper, disorderly or unbecoming; (d) who uses vulgar or abusive language; (e) who gains admission or attempts to gain admission to the Ballpark by using a photograph or screenshot of a ticket, an unauthorized or duplicate ticket, or a counterfeit ticket; or (f) who refuses or fails to follow all applicable federal, state, county, city and/or Cubs directives in connection with, and in order to reduce the risk or spread of COVID-19.
ALL EVENT DATES AND TIMES ARE SUBJECT TO CHANGE. THE CUBS, DONE & DUSTED AND TIKTOK ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Holder, on their behalf and on behalf of any Minor(s) and/or Accompanying Party(ies), assumes all risk associated with the purchase of this ticket and/or those of Minor(s) or Accompanying Party(ies) from anyone other than Cubs, the Parties or its designated agents. Neither this ticket nor those of Minor(s) or Accompanying Party(ies) may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Cubs or the Parties, which may be withheld in their sole and absolute discretion. Photographs and/or screenshots of tickets will not be accepted for entry at the Ballpark. No offer to resell or any actual resale of this ticket and/or those of Minor(s) or Accompanying Party(ies) is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any resale referenced above will invalidate the license granted by this ticket and/or those of Minor(s) or Accompanying Party(ies). Neither this ticket nor those of Minor(s) or Accompanying Party(ies) may be resold or offered for resale by anyone other than Cubs, the Parties or any of their designated agents inside the Ballpark, and any person who sells or offers this ticket, those of Minor(s) and/or Accompanying Parties for resale at any price inside the Ballpark will be removed from the Ballpark and may be prosecuted. Holder, on their behalf, and on behalf of any Minor(s) and/or Accompanying Parties, agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including without limitation (1) terms that mandate or prescribe the quantity of tickets available to be purchased, (2) additional requirements regarding Accompanying Parties, and (3) terms regarding the resale or transfer of tickets.
ASSUMPTION OF RISK; WAIVER, RELEASE OF LIABILITY AND COVENANT NOT TO SUE
Holder, on their behalf and on behalf of any Minor(s) and/or Accompanying Parties, (i) recognizes that attendance of Holder, any Minor(s) and/or Accompanying Parties 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) and/or Accompanying Parties; and (ii) acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting a Communicable Disease (as defined below) 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, any Minor(s) and/or any Accompanying Party may be exposed to or contract any Communicable Disease. By using this ticket or by attending, observing or participating in the Event, Holder acknowledges and assumes all risks and dangers associated with Holder, Minor(s) and/or Accompanying Parties (i) being a spectator before, during, and after a live music festival or other Event (ii) attending, observing or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators; and (iii) being exposed to or contracting any Communicable Disease. Holder expressly understands that these risks include contracting any Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting any 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) or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of any Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated. Holder agrees that (a) the Cubs, (b) the Cubs’ respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) the MLB Parties (as defined below); (d) all other Major League Baseball related entities, (e) the Ballpark and the owners, operators and/or landlords thereof, (f) any local or state governmental body associated with the Ballpark, (g) the Chicago Cubs Charities, (h) the Mesa Hohokams, (i) the City of Mesa, AZ, (j) the ticket manufacturer and/or provider, (k) Done & Dusted, (l) TikTok, and (m) 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 (m), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder’s, Minor(s)’, and/or Accompanying Party(ies)’ (x) participation in, attendance at, and/or observation of the Event and/or (y) the negligence of any of the Released Parties (collectively, the “Released Claims”). Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder, Minor(s), and/or Accompanying Party(ies) 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 the Program advertisements, promotions, content, programs, any other production and/or materials in which recordings or photographs of Holder, Minor(s) or Accompanying Parties from the Event appear. The “MLB Parties” as used herein are the Cubs and the other Major League Baseball Clubs (“Clubs”), MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), Major League Baseball Properties, Inc., The MLB Network, LLC, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
BY USING THIS TICKET OR BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON THEIR OWN BEHALF AND ON BEHALF OF MINOR(S) AND/OR ANY ACCOMPANYING PARTIES, 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).
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, Minor(s)’ and/or Accompanying Parties’ attendance at, observation of, and/or participation in the Event, (ii) Holder’s, Minor(s)’ and/or Accompanying Parties’ acts or omissions, or (iii) Holder’s, Minor(s)’ and/or Accompanying Parties’ breach of any of the terms, conditions or representations made in the Agreement.
BREACHING THE EVENT STAGE(S), 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 MINOR(S) AND 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 CUBS AND THE BALLPARK OWNER/OPERATOR.
Holder, on their behalf and on behalf of any Minor(s) and Accompanying Party(ies), acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Cubs and/or Ballpark, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at www.cubs.com/COVID-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 any Communicable Disease (as defined at the conclusion of this paragraph), Holder, Minor(s) and/or any 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, Minor(s) 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, any Communicable Disease). A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
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, PROGRAM 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 ANY COMMUNICABLE DISEASE BY HOLDER, MINOR(S), ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO ANY 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.
HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES 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.”
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 any 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 Cubs and the Parties care deeply about maintaining good relationships with fans and attendees of the Event. If Holder has a problem with Holder’s ticket and/or those of Minor(s) and or Accompanying Party(ies), or the Event, a telephone call to Cubs 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 Cubs (or the Parties, as applicable) agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase and/or use of this ticket and/or those of Minor(s) and/or Accompanying Party(ies), Holder’s, Minor(s)’, and/or Accompanying Party(ies)’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of personal injury, bodily injury or property damage arising out of Holder’s, Minor(s)’, and/or Accompanying Party(ies)’ attendance at and/or participation in the Event and/or the Program (“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 Cubs (or the Parties, as applicable) 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 Cubs (or the Parties, as applicable) would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Cubs (or the Parties, as applicable) each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by JAMS pursuant to the applicable JAMS rules in effect at the time the arbitration is initiated. Holder 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 the city where the Ballpark is located. 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 Cubs (or the Parties, as applicable) 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), Accompanying Party(ies) 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 Cubs (or the Parties, as applicable) will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the Cubs (or the Parties, as applicable) may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Cubs (or the Parties, as applicable) each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of 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).
HOLDER HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT HOLDER MUST EXERCISE THIS RIGHT PROMPTLY. If Holder does not wish to be bound by this agreement to arbitrate, Holder must notify us by mailing a written opt-out notice, postmarked within fourteen (14) days after the date of the Event. Holder must send Holder’s request to: (i) if the Cubs: Chicago Cubs Baseball Club, LLC, Attn: Office of the General Counsel, Re: Arbitration Opt Out, 1060 West Addison Street, Chicago, IL 60613; (ii) if to Done & Dusted: Done & Dusted Productions, Inc. c/o Reback Lee & Company, Inc., 12400 Wilshire Boulevard, Suite 1275, Los Angeles, California 90025 Attn: Alan Reback; and (iii) if to TikTok: TikTok Inc. Attn: Legal Dept. 5800 Bristol Parkway, Suite 100 Culver City, CA 90230, with a copy via email to: [email protected] and with a copy to: DLA Piper LLP, 2000 Avenue of the Stars Suite 400 North Tower, Los Angeles, CA 90067 Attn: Tom K. Ara. Esq., E-mail: [email protected]. The request must include Holder’s full name, address, e-mail address, section, row, seat and account number (if applicable) and the statement “I reject the Arbitration Agreement contained in my Event Ticket.” If Holder exercises the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if Holder 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, to be not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice shall be sent by mail to (i) Chicago Cubs Baseball Club, LLC, Attn: Office of the General Counsel, Re: Arbitration Claim, 1060 West Addison Street, Chicago, IL 60613; (ii) Done & Dusted: Done & Dusted Productions, Inc. c/o Reback Lee & Company, Inc., 12400 Wilshire Boulevard, Suite 1275, Los Angeles, California 90025 Attn: Alan Reback; and (iii) TikTok Inc. Attn: Legal Dept. 5800 Bristol Parkway, Suite 100 Culver City, CA 90230, with a copy via email to: [email protected] and with a copy to: DLA Piper LLP, 2000 Avenue of the Stars Suite 400 North Tower, Los Angeles, CA 90067 Attn: Tom K. Ara. Esq., E-mail: [email protected]. 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).
NOTICE
Retain possession of this ticket until the Event has concluded. This ticket cannot be replaced if lost, stolen or destroyed.
This ticket is good only for this particular Event and no part of the purchase price will be refunded by reason of the failure of Holder to use it for this Event.
Should the Event not take place, this ticket will admit the Holder on the date or dates on which such Event is rescheduled or resumed, as may be announced in the sole discretion of the Parties. No part of the purchase price will be refunded by reason of the failure of the Holder to use this ticket on such rescheduled or resumed date or dates.
REFUND POLICY FOR NON-OCCURRING EVENTS
In the event that the Event for which this ticket is issued does not occur, a refund or credit will be issued according to the refund policy available at www.cubs.com.
Copyright 2023, Chicago Cubs. All rights reserved.