These Terms and Conditions (“Terms”) apply to the Fussball Club Cincinnati, LLC (“FCC”) Season Ticket Membership (the “Membership”), which includes the tickets described herein.
I understand and acknowledge that my Membership will automatically renew on August 1st of each year, unless either I or FCC provides notice of cancellation in accordance with this Agreement prior to August 1st of the applicable Membership Year. I understand and acknowledge that I will be automatically charged a recurring Membership fee (the “Membership Fee”) for each year of my Membership, to be paid according to my payment plan until the Membership Fee is paid in full for the applicable year.
FCC sets the terms of the Membership, at its discretion, including the price of the Membership Fee and payment plan for future Membership years. FCC will provide reasonable written notice prior to the date of my Membership renewal date (not less than 30 days prior to August 1st) of any applicable Membership Fee or payment plan adjustments that may apply. FCC may change the annual renewal date of August 1, provided however, that FCC will provide notice not less than 30 days prior to the applicable renewal date.
The Membership, which includes tickets, is a revocable license issued by FCC to the individual or entity name that appears on the account of record. I understand and acknowledge that failure to comply with these Terms, the , or any applicable rules or regulations of FCC, including the Ticket back Terms, shall result in forfeiture of all rights herein, including termination of Membership and forfeiture of access to the tickets, and entitle FCC to pursue all legal remedies available. Failure to comply with these Terms shall not be grounds for reimbursement of any payments received by FCC in connection with the Membership. I further acknowledge that I will be bound and agree to abide by any modification or amendment of the foregoing rules, regulations, and policies.
LIMIT ON TICKET RESALES. I understand that I am prohibited from selling my Membership tickets for more than nine (9) matches during each year of my Membership. I further understand that if I sell my Membership tickets for nine (9) or more matches during a given year of my Membership, my Membership will be put in review and is subject to being locked or my Membership terminated without notice.
ACH PAYMENT AUTHORIZATION. I understand that if I pay for Membership via the Automated Clearing House (“ACH”), the ACH debit(s) to my bank account as designated by me (the “Depository Account”) will be governed by the National Automated Clearing House Association’s Operating Rules and Guidelines, as they may be amended from time to time (collectively, the “Nacha Rules”). By providing my Depository Account information and electing to pay for my Membership via ACH, I explicitly authorize FCC, its financial institution, and any third party service provider used by such parties to electronically debit and credit my Depository Account (and, if necessary, to electronically credit my Depository Account to correct erroneous debits) in accordance with these Terms and in accordance with the payment plan selected by me. If a required payment is reduced by a credit, I authorize FCC to charge the Deposit Account such reduced amount. I understand and agree that the combination of the information provided by me and these Terms constitutes my ACH “Authorization” as defined under the Nacha Rules. This Authorization will be effective as of the date these Terms are accepted by me, and will remain in full force and effect until I cancel such authorization as described below. I represent and warrant that I am the owner or authorized user of the Depository Account that I designate for my Membership payments. I further acknowledge and agree that (i) if the payment plan I select is an automatic payment option, my Depository Account will be debited for the amount agreed upon and with the frequency indicated by my payment plan; (ii) the ACH transactions I authorize pursuant to this Authorization comply with all applicable laws and with the Nacha Rules; and (iii) if an ACH debit is returned unpaid due to insufficient or uncollected funds, I authorize FCC, its financial institution, and their applicable third party service providers to make a one-time electronic fund transfer from my Depository Account to collect a fee in the amount of the lesser of: (a) $25.00; or (b) the highest amount permitted by applicable law (“Return Fee”). I authorize FCC to reinitiate any charge that is rejected as permitted by Nacha Rules. Each charge to the Depository Account will be processed in U.S. Dollars.
CARD PAYMENT AUTHORIZATION. I understand that if I pay for Membership fees described herein via credit or debit card as designated by me (“Payment Method”), such payment will be governed by the rules and guidelines of the applicable payment network, as amended from time to time (collectively, the “Network Rules”). I understand and agree that the combination of the information provided by me on the payment page and these Terms constitutes my authorization as defined in the guidelines of the Network Rules.
By providing my Payment Method to FCC and electing to pay for my Membership fees via my designated Payment Method, I explicitly authorize FCC, its financial institution, and any third-party service provider used by such parties to store such card information on file for quicker transactions in the future and to charge my Payment Method in accordance with these Terms. I further authorize the issuer and payment network of the Payment Method to process such payments. I represent and warrant to FCC that I am the owner or authorized user of the Payment Method. Each charge to the Payment Method will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.
This authorization will be effective as of the date these Terms are accepted by me, and will remain in full force and effect until I cancel such authorization by contacting FCC at 513-977-5425 or Tickets@FCCincinnati.com.
I understand that I have certain rights under the Electronic Fund Transfer Act and its implementing regulation (“Regulation E”) with respect to unauthorized automatic debit payments and the resolution of errors related to automatic debit payments. If I suspect an error in any automatic debit payment transaction, I may contact my bank to preserve those rights; there may be a specified timeframe in which I am required to assert an error. This will not negate my responsibility to pay the Membership Fee, in order to maintain an active Membership, during the investigation by my bank.
I UNDERSTAND AND ACKNOWLEDGE THAT, AT FCC’S DISCRETION, THE AUTOMATICALLY RENEWING MEMBERSHIP WILL CONTINUE ACCORDING TO MY PAYMENT PLAN UNTIL I OPT OUT IN ACCORDANCE WITH THESE TERMS.
PAYMENT AUTHORIZATION FOR AUTOMATIC PAYMENTS OF THE MEMBERSHIP FEE. By checking the box or providing signature to accept these Terms, I authorize FCC to charge the Payment Method, and any subsequent Payment Method I provide to FCC, each year according to my payment plan for the Membership Fee, unless I opt-out of the Membership or FCC terminates my Membership pursuant to these Terms. I acknowledge and agree that my Payment Method will be automatically charged for my Membership Fee starting on or about August 1, 2026 each year according to my payment plan.
If a scheduled payment date falls on a federal holiday or weekend, FCC shall initiate payment on the next business day. FCC will provide reasonable advance written notice (not less than 30 days) of the date on which my Membership will renew and any applicable Membership Fee or payment plan adjustments that may apply.
Only one (1) Payment Method can be designated at a time for the Membership Fee payment(s). I agree to update my Payment Method information if it changes at least three (3) business days prior to August 1st of each year. I authorize FCC to reinitiate any charge that is rejected two or more times, as permitted by network rules. I acknowledge that FCC is not obligated to reinitiate any rejected payment (charge or debit attempt) and if a charge or debit is rejected, FCC may (i) withhold my tickets for an upcoming event until my account is in good standing, or (b) terminate my Membership.
To cancel this authorization, make changes to the Payment Method, payment plan, automatic payments, or ask questions, I can contact FCC at 513-977-5425 or **Tickets@FCCincinnati.com**.
I understand that if I opt-out of automatic Membership Fee payments, I will be responsible for providing timely payment of my Membership Fee according to my payment plan, and if any payment of my Membership Fee is late, FCC may, within its discretion, (i) withhold my tickets for an upcoming event until my account is in good standing, or (b) terminate my Membership. I further understand that until I opt-out of my automatically renewing Membership, my Membership will continue to renew each year, and I will be responsible for the Membership Fee, even if I opt-out of automatic payments.
OPT-OUT PERIOD. I understand that I can opt out of my Membership up to forty-eight (48) hours prior to August 1st of each year (“Opt-Out Deadline”). I CAN OPT OUT OF THE MEMBERSHIP IN ACCORDANCE WITH THESE TERMS BY TIMELY EMAILING TICKETS@FCCINCINNATI.COM OR CALLING FCC AT 513-977-5425 PRIOR TO THE OPT-OUT DEADLINE. I FURTHER UNDERSTAND THAT IF I DO NOT TIMELY OPT OUT OF THE MEMBERSHIP OPTION, I AM AGREEING TO RENEW MY ANNUAL MEMBERSHIP AND MAKE MEMBERSHIP FEE PAYMENTS ACCORDING TO MY PAYMENT PLAN.
Upon opt-out or termination by FCC according to these Terms, you will no longer be obligated for any future Membership Fee payments, but you will not be entitled to any refund for payments of the Membership Fee made prior to your opt-out or termination by FCC according to these Terms.
Notwithstanding the foregoing, I may also opt out of the auto-renewal payment option after the Opt-Out Period provided that I pay the outstanding balance of the Membership Fee for the applicable season as indicated by my payment plan invoice.
PLAYOFFS. Playoffs are at an additional cost above the annual Membership Fee for a Membership. Subject to MLS rules and ticketing policies, you will automatically retain the seat(s) associated with your ticket(s) for all playoff matches, excluding MLS Cup Finals. Notification of playoff pricing will be sent to you prior to the end of the regular season. Upon receipt of playoff ticket pricing information, you may provide notice by the designated date to opt-out of the playoffs, not be charged and have no change to your Membership status. If you opt-in to purchase playoff tickets, your Payment Method will be automatically charged in advance of each playoff round.
ADDITIONAL PAYMENT AUTHORIZATION FOR AUTO-PLAYOFF FEE PAYMENTS: Upon my choosing to opt-in to playoff tickets, I authorize FCC to charge the Payment Method I provide to FCC for (i) the playoff game payments in the amount specified in the playoff pricing notification. I acknowledge that FCC is not obligated to reinitiate any rejected charge and may terminate my playoff ticket opt-in in accordance with these Terms if a charge or debit is rejected. I agree to update my Payment Method information if it changes. To make changes to my Payment Method or ask questions regarding playoff tickets associated with my Membership, I must contact the FCC at 513-977-5425 or Tickets@FCCincinnati.com.
IN-SEASON TOURNAMENTS. Throughout each season, there are multiple in-season tournaments that FCC may qualify for, including, but not limited to the Concacaf Champions Cup and the Leagues Cup. These matches are an additional cost above the annual Membership Fee for a Membership. Subject to applicable ticketing policies, you will automatically retain the seat(s) associated with your ticket(s) for all additional matches in these tournaments, unless posted otherwise. Notification of pricing will be sent to you prior to the club’s entry in the tournament(s). Upon receipt of tournament ticket pricing information, you may provide written notice by the designated date to opt-out of tournament matches, not be charged and have no change to your Membership status. If you opt-in to purchase tournament tickets, your Payment Method will be automatically charged in advance of each round.
ADDITIONAL PAYMENT AUTHORIZATION FOR AUTO-TOURNAMENT FEE PAYMENTS: Upon my choosing to opt-in to tournament tickets, I authorize FCC to charge the Payment Method I provide to FCC for (i) the tournament match payments in the amount specified in the tournament pricing notification. I acknowledge that FCC is not obligated to reinitiate any rejected charge and may terminate my tournament ticket opt-in in accordance with these Terms if a charge or debit is rejected. I agree to update my Payment Method information if it changes. To make changes to my Payment Method or ask questions regarding tournament tickets associated with my Membership, I must contact the FCC at 513-977-5425 or Tickets@FCCincinnati.com.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All sales are final, including each payment of the Membership Fee according to your payment plan, playoff ticket payments as applicable, and tournament ticket payments as applicable, and no refunds of payments hereunder will be made except at FCC’s sole discretion.
CANCELLATION/ REVOCATION OF PAYMENT AUTHORIZATION. I MAY CANCEL OR REVOKE ANY PAYMENT AUTHORIZATION PROVIDED HEREUNDER AT ANY TIME BY CONTACTING FCC WITHIN SUCH TIME AS TO ALLOW FCC A REASONABLE AMOUNT OF TIME TO PROCESS AND ACT ON MY REQUEST. CANCELING OR REVOKING MY CARD PAYMENT AUTHORIZATION WILL NOT AFFECT ANY OBLIGATION I MAY HAVE UNDER THESE TERMS OR WITH RESPECT TO THE ANNUAL MEMBERSHIP FEE. IF I DO NOT PROVIDE ANOTHER PAYMENT METHOD OR OTHERWISE PROVIDE ACCEPTABLE PAYMENT TO FCC FOR AMOUNTS DUE, I UNDERSTAND AND AGREE THAT THE LICENSE TO THE FCC SEASON TICKETS WILL BE REVOKED.
CONSENT TO ELECTRONIC DISCLOSURES AND SIGNATURES. I consent to conducting the transactions related to these Terms and authorizations and to providing and receiving any disclosures, notices, records, tax documents, information or other forms of correspondence related to these Terms and authorizations (“Communication”) by electronic means, such as via email or the Internet, and such consent applies until withdrawn by me as further described below in these Terms. To the extent permitted by applicable law, and without limiting any other rights FCC may have, I consent to FCC communicating with me, in connection with these Terms and authorizations, using any telephone number or email address that I have provided to FCC, or using any telephone number or email address that I provide to FCC in the future. FCC may communicate with me using any current or future means of communication, including, but not limited to, automated telephone dialing equipment, artificial or pre-recorded voice messages, SMS text messages, email directed to me at a mobile telephone service, or email otherwise directed to me. FCC MAY USE SUCH MEANS OF COMMUNICATION EVEN IF I WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, OR EMAILS. Any Communication required to be given to me will be effective if sent by first class mail to the latest address FCC has for me or, except as otherwise required by law, by electronic means to an email address that I have provided to FCC.
I acknowledge that I have the right to receive Communication on paper or in other nonelectronic form, and that I may withdraw my consent to receive Communication via electronic means at any time, at no fee or cost to me; provided that a request for specific Communication on paper or in other non-electronic form will not be treated as a withdrawal of consent to receive Communication via electronic means unless I also provide express notice of such withdrawal of consent in the manner set forth in this paragraph. If I wish to receive specific Communication in paper form at any time, wish to withdraw my consent to send and receive electronic Communication, or need to update my electronic contact information (e.g., my email account address), I must provide notice to FCC at 14 East 4th Street, Cincinnati, OH 45202. FCC will confirm in writing the withdrawal of my consent to receive Communication via electronic means and the effective date of such withdrawal of consent, upon which date FCC will cease to provide Communication via electronic means. If I withdraw my consent, all further Communication will be provided to me in non-electronic form via U.S. mail, at no additional cost to me. I acknowledge that to access, view and retain Communications provided to me electronically, I must have: (1) access to the Internet through means of a computer, tablet, mobile telephone, or other electronic device capable of receiving, accessing, displaying, printing and storing Communication received in electronic form using an Internet browser or other electronic communication application, and (2) a PDF reader (or equivalent software or program) to read and display certain Communications. I will also need a printer if I wish to print out and retain records on paper, and electronic storage if I wish to retain records in electronic form, and an active email address. I acknowledge that FCC reserves the right to revise the hardware and software requirements set forth in this paragraph in a manner consistent with the E-Sign Act (15 U.S.C. § 7001 et seq.) and other relevant federal laws. If FCC’s hardware or software requirements change, and that change would create a material risk that I would not be able to access or retain its electronic records, FCC will provide reasonable notice of the revised hardware or software requirements. My continuing use of electronic services after receiving notice of the change is reaffirmation of my consent.
I understand that FCC may provide an email address to which I can transmit certain questions or comments for FCC about these Terms and authorizations; however, because such email transmissions may not be secure or confidential, I will not transmit any confidential information to such email address, including, for example, any personal information about me. For transmission of any such confidential information, I will use only secure methods, such as U.S. mail, hand delivery by me or electronic communication methods offered by FCC that are expressly represented to be used for confidential communication transmissions.
I AFFIRMATIVELY AGREE (AND, BY ITS APPROVAL OF THIS AUTHORIZATION ACCORDING TO THE TERMS, FCC AGREES) THAT THIS TRANSACTION MAY BE CONDUCTED BY ELECTRONIC MEANS AND THAT MY ELECTRONIC SIGNATURE INCLUDED IN THIS AUTHORIZATION IS INTENDED TO AUTHENTICATE THIS WRITING AND TO HAVE THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE. “ELECTRONIC SIGNATURE” MEANS ANY ELECTRONIC SOUND, SYMBOL OR PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A RECORD AND EXECUTED OR ADOPTED BY A PARTY WITH THE INTENT TO SIGN SUCH RECORD, INCLUDING, WITHOUT LIMITATION, CLICKWRAP, DIGITAL, FACSIMILE OR E-MAIL ELECTRONIC SIGNATURES.
I understand and acknowledge that upon receipt of my completed and electronically signed authorization, FCC may accept the terms herein and approve my authorization by providing written or verbal notice to me or by providing to me any Benefits.
AMENDMENTS. FCC reserves the right it its sole discretion to amend, update or modify this agreement, policies, pricing, and procedures relative to my Membership upon notice.
LIMITATION OF LIABILITY, ARBITRATION, AND CLASS ACTION WAIVER: IN NO EVENT SHALL FCC BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES OF ANY KIND. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THE MEMBERSHIP SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN CINCINNATI, OHIO. I AND FCC AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. I UNDERSTAND THAT I AM WAIVING MY RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
MISCELLANEOUS. These Terms are governed by Ohio law applicable to agreements made and performed entirely in Ohio, without regard to conflicts of laws. Notwithstanding anything to the contrary herein, FCC reserves all rights under all other applicable law. If any provision of these Terms is invalid or unenforceable, such provision will be amended to the minimum extent necessary to make such provision enforceable, and the remainder of the Terms will not be affected.
By checking “I acknowledge and accept FC Cincinnati’s Season Ticket Member Terms” or providing my signature below, I am electronically signing and assenting to these terms and conditions. Upon request, FCC will make available a copy of these terms and conditions. If I do not wish to enroll in the auto-renewing Membership, I should not click the box or sign below, and should contact FCC’s Sales and Service Staff team at (513) 977-5425.
MLS TICKET TERMS
PLEASE READ THIS AGREEMENT COMPLETELY AND CAREFULLY. THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION (INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER). IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
This ticket is a revocable license that only grants the ticketholder a one-time entry to the stadium (the “Stadium”) and a spectator seat, or standing room, for the specified game (the “Event”). Dates and times of the Event are subject to change or cancellation. In the event that the date and/or time of the Event is changed, the term "Event" as used herein shall mean the game played at the newly-specified date and time. No person, regardless of age, may enter the Stadium without a ticket.
The bearer (and/or purchaser) of tickets to the Event (“Bearer”), any individual seeking entry to the Event through the use of a ticket issued to or held by Bearer (including but not limited to minors and all other attendees), and all other persons acting or purporting to act on behalf of anyone gaining admission to the Event (each of the foregoing, including the Bearer, hereinafter a “Holder”), agree that: admission is contingent on Holder’s agreement to the following terms and conditions, those available at www.mlssoccer.com/about/fan-code-of-conduct, and the MLS Spectator Waiver (collectively, the “Terms”); and by purchase, acceptance, and/or use of this ticket to enter the Stadium, Holder and all others who gain entry to the Event (including parking areas or entry gates) using tickets issued to, provided to, or otherwise used to gain admission for the Holder, are deemed to have read the Terms and agreed to be bound by them with the same force and effect as if Holder signed these Terms. Bearer represents and warrants that each person who enters the Stadium through tickets using tickets purchased by, issued to, provided to, or held by the Bearer has authorized Bearer to act on their behalf for purposes of agreeing to these Terms. Failure to comply with any of these Terms shall result in forfeiture of this license and all rights arising hereunder without refund and shall entitle Management to pursue all additional legal remedies available to it. Admission may be refused or withdrawn or Holder ejected at the sole discretion of the Stadium, Major League Soccer, L.L.C. and its affiliates (“MLS”) or the Fussball Club Cincinnati, LLC d/b/a FC Cincinnati and its affiliates (the “Club” and, collectively with the Stadium and MLS, “Management”).
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, or the game is cancelled and not rescheduled for any reason, is a refund of up to the ticket price set by Management (the “Face Value”), unless otherwise provided below. IN NO EVENT SHALL MANAGEMENT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET.
DISPUTE RESOLUTION
THIS IS A SUMMARY OF MANDATORY TERMS. FOR FULL TERMS RELATED TO DISPUTE RESOLUTION AND BINDING ARBITRATION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AND CHOICE OF LAW PLEASE VISIT MLSSOCCER.COM/LEGAL/TERMS-OF-SERVICE.
- ANY CURRENT OR FUTURE DISPUTE RELATING TO THE EVENT OR THE STADIUM ARISING BETWEEN HOLDER AND PERSON OR PARTY INCLUDED WITHIN THE DEFINITION OF “MANAGEMENT” SHALL BE RESOLVED IN BINDING INDIVIDUAL ARBITRATION. THIS ARBITRATION AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
- EITHER PARTY HAS THE ABILITY TO BRING DISPUTES IN SMALL CLAIMS COURT (THIS RIGHT DOES NOT ALLOW A PARTY TO removE or appeal A DISPUTE to a court of general jurisdiction.) Any disagreement as to whether a Dispute is within the jurisdictional limits of small claims court is for a court to decide and any arbitration shall be stayed.
- BEFORE INITIATING ANY ARBITRATION PROCEEDING, A WRITTEN "NOTICE OF DISPUTE" MUST CONTAIN THE FOLLOWING INFORMATION: (i) information sufficient to identify any transaction, activity, and account at issue; (ii) contact information OF THE CLAIMANT (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute (including the date of any transaction or activity at issue) and the relief sought, including a calculation for it. THE NOTICE MUST BE PERSONALLY SIGNED BY HOLDER (AND THEIR COUNSEL, IF REPRESENTED). IF HOLDER HAS A DISPUTE, THEY SHALL SEND A COMPLETED NOTICE OF DISPUTE BY MAIL to AT 14 EAST FOURTH STREET, CINCINNATI, OHIO, 45202, ATTENTION: LEGAL DEPARTMENT. THIS IS A CONDITION PRECEDENT TO ARBITRATION. HOLDER AND MANAGEMENT AGREE TO MAKE A GOOD FAITH EFFORT TO RESOLVE ANY DISPUTE FOR AT LEAST SIXTY (60) DAYS FOLLOWING RECEIPT OF A COMPLETED NOTICE OF DISPUTE. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice OF DISPUTE through the conclusion of this Process.
- IF THE PARTIES CANNOT RESOLVE A DISPUTE WITHIN SIXTY (60) DAYS FOLLOWING RECEIPT OF A COMPLETED NOTICE OF DISPUTE, IT SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION IN CINCINNATI, OHIO AND ADMINISTERED BY National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. THE NAM RULES WILL GOVERN EXCEPT AS SPECIFICALLY MODIFIED. THERE ARE ADDITIONAL PROCEDURES FOR “MASS FILINGS.”
- ANY AND ALL ISSUES RELATING TO ARBITRATION OR THIS DISPUTE RESOLUTION CLAUSE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THESE ARBITRATION PROVISIONS, SHALL BE DELEGATED TO THE ARBITRATOR.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
- THIS AGREEMENT AND ANY DISPUTES ARISING HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS.
IF HOLDER DOES NOT CONSENT TO THESE DISPUTE RESOLUTION PROVISIONS, HOLDER MUST LEAVE OR NOT ENTER THE STADIUM.
Holder and Holder's belongings may be searched upon entering the Stadium, and prohibited items may be confiscated, at the sole discretion of the Management. Holder consents to such searches and waives any and all claims relating to them. If Holder does not consent to such searches, Holder will be denied entry or ejected from the Stadium without refund. Further, Management reserves the right to refuse admission to or eject any person whose conduct, in Management’s sole discretion, violates these Terms or any applicable code of conduct implemented by Management, violates any applicable federal or state law or local order, or is otherwise disorderly, without refund. Inappropriate behavior or abusive language may result in ejection (without refund), forfeiture of season ticket privileges, and/or other legal action. Refund to Holder of the Face Value shall automatically terminate Holder’s rights hereunder.
Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) any description or account (in any form, whether text, data or visual, and including, without limitation, play-by-play data) of the Event for any commercial, non-personal, purpose. Holder agrees not to create, transmit, display, distribute, exploit or sell (or aid in such activity) any photographs, images, videos, livestreams, audio or other form of display or public performance or reproduction of any portion of the Event (the “Works”). Notwithstanding the foregoing, Holder agrees that by using this ticket to enter the Stadium, Holder shall be deemed to have signed this ticket and granted MLS an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. Holder also grants irrevocable permission to MLS, Soccer United Marketing, LLC and the MLS clubs (and each of their respective affiliates, sponsors, licensees, advertisers, broadcasters, designees, partners and agents) a worldwide, irrevocable, perpetual, sublicensable, royalty-free license to use, publish, distribute, edit, modify and/or alter Holder’s image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, transmission, publication or reproduction of the Event, in whole or in part, for any purpose, including without limitation the advertising or promotion of future MLS games or other services provided by MLS or by the Club, without further authorization or compensation and waives all claims and potential claims relating to such use unless prohibited by law.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS arising from or relating in any way to the Event, whether occurring before, during, or after the Event, including, without limitation, the risk of contracting a Communicable Disease or illness (including exposure to a bacteria, virus or other pathogen capable of causing a Communicable Disease or illness), the risk of physical injury or death, however caused, whether by players, by other people or by objects such as balls entering the spectator area, or otherwise, and the risks of lost, stolen or damaged property. Holder hereby waives all claims and potential claims relating to such risks, hazards and dangers.
Holder hereby recognizes and acknowledges that team rosters and player lineups are subject to change at any time prior to, or during, the Event. Holder further acknowledges that Management can make no representation, warranty and/or guarantee arising from or related to the participation or performance of any individual player in the Event, and Management hereby disclaims any and all such representations, warranties, and guarantees, whether express or implied (including, but not limited to, in any advertising or promotional materials related to the Event). Holder agrees that Management shall not be held liable or responsible for any allegation, claim, demand, proceeding, or action arising from or related to the participation or attendance of any individual player, or the performance of any player or team, in the Event, and that no refund will be owed Holder on the basis of non-participation or non-attendance of any individual player. By using this ticket, Holder acknowledges this disclaimer and voluntarily assumes all risks related to the attendance or performance of specific players at the Event.
Holder further recognizes and acknowledges that the license provided by this ticket grants Holder a one-time entry to the Event at its scheduled date and time. In the event that the Event commences at its scheduled date and time but is delayed or postponed at any point prior to its conclusion due to inclement weather or for any other reason (hereinafter a “Suspended Match”), Holder recognizes and acknowledges that this license does not grant re-entry for any date and time scheduled for recommencement of the remainder of the Event. Management, in its sole discretion, will be entitled to determine whether this ticket will permit entry to the Suspended Match at the date and time for which it is rescheduled or at which play resumes, or whether any refunds shall be issued for this ticket.
Management is not responsible for, and may refuse to honor, any duplicate or duplicated, lost, stolen, destroyed or counterfeit tickets. Use of this ticket in violation of any law including, without limitation, the unlawful resale or unlawful attempted resale of this ticket is strictly prohibited and will result in seizure, revocation and/or forfeiture of this license without refund or compensation. This ticket is not redeemable for cash and may not be used for, or in connection with, any commercial or trade purposes including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Club and MLS.
Safety Requirements: Due to the uncertainty related to novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) and other communicable diseases (together referred to herein as “Communicable Diseases”), this ticket and the Holder’s admission to the Stadium are subject to all safety and health requirements and policies put in place by Management. Such policies and requirements as they may be updated from time to time (in the sole determination of the Management) and as they may be communicated to the Holder prior to or during the Event (whether orally or in writing) by, for example, instruction provided by Management personnel or signage in or around the Stadium, are collectively referred to below as the “Safety Requirements”. The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance.
Except as otherwise provided in the MLS Terms of Service (https://www.mlssoccer.com/LEGAL/TERMS-OF-SERVICE), if any provision or part of the foregoing terms and conditions is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and conditions remain valid and binding.