2021 San Francisco Giants Ticket Terms and Conditions
IMPORTANT: YOUR EVENT TICKET IS A REVOCABLE LICENSE;
USER ACCEPTS RISK OF INJURY; authorized reentry only; THIS TICKET LIMITS USER’S LEGAL RIGHTS
SEE BELOW FOR COVID-19 RELATED TERMS
By using this ticket (“Ticket”) to an Event (defined below) at Oracle Park or Scottsdale Stadium [A1] (each and collectively, together with surrounding areas, including parking lots, “Ballpark”), Ticket holder on his/her own behalf and on behalf of any accompanying minor (collectively “Holder”) agrees to the following terms and conditions (the “Agreement”) which contains an AGREEMENT TO ARBITRATE And A class action waiver. China Basin Ballpark Company LLC (“Venue”) and/or San Francisco Giants Baseball Club LLC (“Giants”) may change the terms of the Agreement at any time, without notice, and Holder’s use of this ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using this Ticket. “Accompanying Party” is the defined term for 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). “Related Persons” is the defined term for Holder’s and any Accompanying Party’s personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on Holder’s or any Accompanying Party’s behalf.
Holder agrees that: (a) neither Holder nor any Accompanying Party will transmit or aid in transmitting any photographs, images, videos, audio, livestreams or other accounts or descriptions (including play-by-play data) (whether text, data or visual), in any media, of all or any part of the event to which this ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-game, post-game or between-inning activities, concerts, promotions or competitions offered in connection with the game or 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) the Giants, the Venue, the Office of the Commissioner of Baseball (“BOC”) and MLB Advanced Media, L.P., as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Event and the Event Information; and (c) the Club, the Venue, BOC and its related entities, Major League Baseball Properties, Inc. and its related entities, MLB Advanced Media, L.P. and its related entities, The MLB Network, LLC, each of the Major League Baseball Clubs (each, a “Club”), and each of their respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners (collectively, the “MLB Entities”) and certain current and future sponsors and licensees of such MLB Entities will have the unrestricted right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of any Accompanying Party 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 to the MLB Entities are assignable.
Holder and any Accompanying Party are subject to the rules and policies of the Venue and Giants and (i) consents to allowing the Venue to inspect Holder’s and/or any Accompanying Party’s 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 and/or any Accompanying Party may be denied entry to or ejected from the Event if Holder and/or the Accompanying Party is/are in possession of any item or object that the Venue considers potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder and/or any Accompanying Party and waives any claims arising therefrom that Holder and/or the Accompanying Party might have against the Released Parties (as defined herein). Holder acknowledges that the Giants and Venue have no liability for Holder’s and/or any Accompanying Party’s person or property.
Each Ticket to an Event at the Ballpark is a limited, revocable license (the "Revocable License") granted by the Giants to attend the Event listed on the applicable Ticket. The Giants and Venue reserve the right to terminate the Revocable License granted by this Ticket and/or those of any Accompanying Party by tendering to Holder the purchase price printed on this Ticket and/or those of any Accompanying Party. Further, the Giants and Venue reserve the right in their sole discretion, without refund of any portion of the purchase price, to revoke the Revocable License granted by this Ticket and/or those of any Accompanying Party and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by the Venue to be improper, disorderly or unbecoming; (d) who uses vulgar, derogatory, or abusive language, or (e) who, in the sole judgment of the Giants and/or Venue, is engaging in activity or causing a disturbance that prevents other attendees from fully enjoying the Event.
ALL EVENT TIMES ARE SUBJECT TO CHANGE. THE CLUB AND VENUE ARE NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS.
Holder assumes all risk associated with the purchase of this Ticket and/or those of any Accompanying Party from anyone other than the Giants or its designated agents. Neither this Ticket nor those of any Accompanying Party may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Giants. No offer to resell or resale of this ticket and/or those of any Accompanying Party is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any resale referenced above will invalidate the Revocable License granted by this Ticket and/or those of any Accompanying Party. Neither this Ticket nor those of any Accompanying Party may be resold or offered for resale inside the Ballpark, and any person who sells or offers this Ticket and/or those of any Accompanying Party for resale at any price inside the Ballpark will be removed from the premises.
ASSUMPTION OF RISK RELATED TO PERSONAL INJURY OR PROPERTY DAMAGE
Holder recognizes that attendance of Holder and 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 his/her surroundings and the surroundings of any Accompanying Part(ies). By using this Ticket or by attending, observing or participating in the Event, Holder, on behalf of himself/herself and any Accompanying Party, acknowledges and understands that attendance at the Event constitutes participation in a sports, entertainment and/or recreational activity, and knowingly and voluntarily assumes all risks and dangers associated with Holder and/or any Accompanying Party: (i) being a spectator before, during, and after a baseball game (including all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions), and (ii) attending, observing or participating in the Event, including but not limited to all activities, risks and dangers occurring or originating on and off the playing field, spectator stands, concession areas, convenience areas, and pedestrian areas, 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 bats; bat fragments; thrown or batted balls; 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. Assumed risks in connection with COVID-19 and other Communicable Diseases (as defined below) are addressed below and are not covered by this paragraph.
RELEASE, COVENANT NOT TO SUE, AND INDEMNITY
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR RELATED PERSONS, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY. The “Released Parties” shall mean (a) the MLB Entities (including but not limited to the Club and Venue), (b) the owners and operators of the venues in which the MLB games are played (“Facilities”), and event sponsors, contractors, vendors, operators, agencies and advertisers of the MLB Entities and Facilities, and their successors and assigns; (c) licensees, and retail, concession, broadcast and media partners of the MLB Entities; (d) press and other media; (e) all other Major League Baseball related entities, (f) the Ballpark and each and every owner and operator thereof, (g) any local or state governmental body associated with the Ballpark, (h) the ticket manufacturer and/or provider, (i) vendors that may provide testing or medical services; (j) entities and individuals providing accommodation and transportation to or from the Facilities; (k) other entities and individuals who enter the Facilities; and (l) the respective past, present, and future parent, subsidiary, affiliated and related companies and officers, directors, owners, partners, managers, coaches, players, members, employees, agents, licensees, contractors, sub-contractors, insurers, representatives, successors, assigns of each of the foregoing entities and persons. Without limitation to the foregoing, Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all claims which Holder and/or any Accompanying Party has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder or any Accompanying Party from the Event appear.
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 COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTY, 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 CONSENT TO GRANT OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER MUST 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 and/or any Accompanying Party’s attendance at, observation of, and/or participation in the Event, (ii) Holder’s and/or any Accompanying Party’s acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.
COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses:
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE GIANTS AND THE BALLPARK OWNER/OPERATOR.
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Giants and/or the Ballpark owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, all of which, due to the evolving nature of the COVID-19 pandemic, 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.
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder 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, Holder agrees that neither Holder nor any Accompanying Party will attend the Event if within fourteen (14) days preceding the Event, they have:
(1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
(2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
RESALE TERMS AND POD INTEGRITY
Holder, on their behalf and on behalf of any 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 RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Ballpark. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
Holder consents to health screenings and other precautions related to COVID-19 and other Communicable Disease that may be required as a condition for use of this Ticket, including all precautions required by the league and the Giants while at the Ballpark or surrounding grounds or parking areas, such as, but not limited to, distancing requirements and the wearing of masks in designated areas.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
The Giants and Venue care deeply about maintaining good relationships with fans. If you have a problem with your Ticket and/or those of any Accompanying Party or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.
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.
Unless prohibited by federal law, Holder and the Giants/Venue agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of this Ticket and/or those of any Accompanying Party, Holder’s and/or any Accompanying Party’s participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Holder’s and/or Accompanying Party’s attendance at and/or participation in the Event, any claim based on contract, tort, equity or statute, and the determination of the validity, interpretation or scope of the parties' agreement to arbitrate (“Arbitration Claims”), through BINDING INDIVIDUAL ARBITRATION conducted in the City and County of San Francisco, California, administered by and in accordance with the Streamlined Arbitration Rules and Procedures of JAMS or, if such rules no longer exist, the then existing rules of practice and procedure of JAMS (both sets of rules are collectively referred to as the "Rules of JAMS"), and judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. The arbitrator shall be a retired California or federal judge selected in accordance with the Rules of JAMS. The arbitrator and not a jury will decide the dispute. Holder will be responsible for paying its share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees it would have incurred if it had brought a claim in court. The Giants or Venue will be responsible for any additional arbitration fees. Venue will consider in good faith making a temporary advance of Holder’s share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. Except as otherwise required by law, the parties agree that the arbitration procedure will be confidential, all conduct, statements, promises, offers, views and opinions, oral or written, made during the arbitration by any party or a party's agent, employee or attorney will remain confidential and, where appropriate, will be considered work product and privileged, and the existence and the results of the arbitration will be maintained by the parties and their respective agents, employees and attorneys as confidential at all times. The arbitrator in an arbitration proceeding shall have the power to award any relief that would have been available in court, provided that the arbitrator's authority is limited to Holder, any Accompanying Party, Giants, Venue, MLB Entities, Released Parties, and their affiliates 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. Notwithstanding any other provision, the parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Party, guests of Holder, including guests who are minors, MLB Entities, the Released Parties, and that any Arbitration Claims brought by or against such parties shall be settled under this Arbitration Agreement. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this Arbitration Agreement, you must notify us in writing by either (a) mailing a written opt-out notice, postmarked within forty-five (45) days after executing this Agreement to San Francisco Giants, Attn: Legal Department, Re: Arbitration, 24 Willie Mays Plaza, San Francisco, CA 94107 or (b) emailing a notice to firstname.lastname@example.org within forty-five (45) days of executing this Agreement. The notice must include your full name, address, date, account number, and the statement "I reject the Arbitration Agreement contained in my Giants Ticket Agreement." If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Class Action Waiver ("Class Action Waiver"). In any Arbitration Claim to be resolved by arbitration, neither Holder, any Accompanying Party, nor Giants/Venue will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that parties would have in court will not be available or will be more limited in arbitration, including the right to appeal and discovery rights. Each party understands and agrees that by requiring each other to resolve all disputes through individual arbitration, EACH PARTY IS 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 (E.G., PRIVATE ATTORNEY GENERAL), CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Notwithstanding any other provision herein, Holder and the Giants/Venue may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Giants/Venue 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 (including without limitation Class Action Waiver) 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 shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to the Giants/Venue shall be sent by mail to San Francisco Giants, Attn: Legal Department, Re: Ticket Claim Notice, 24 Willie Mays Plaza, San Francisco, CA 94010. 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 CONSENT TO GRANT OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER MUST IMMEDIATELY LEAVE THE BALLPARK WITH THE MINOR(S).
TICKET USE/REFUND POLICY
NO CASH VALUE, REFUNDS OR EXCHANGES EXCEPT AS PROVIDED
Retain possession of the 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. All pre-game or post-game events at the Ballpark, including but not limited to, pyrotechnic displays, post-game concerts or other promotions are subject to cancellation. No part of the Ticket purchase price will be refunded in the event of such cancellation.
Should the Event not be played or otherwise completed, this ticket will admit the Holder on the date or dates on which such Game is rescheduled or resumed, as may be announced in the sole discretion of the Giants/Venue. 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.
If an Event is cancelled (not rescheduled), the Holder may obtain a refund or credit equal to the purchase price of the Ticket and convenience fee. All other fees are non-refundable. Any refunds will be made to the same card used to purchase the Ticket.
No refunds will be issued for Events that take place. Any single game tickets purchased through Tickets.com, over the phone or online, for games that go un-played will have the face value of the ticket and the convenience fee refunded. All other fees are non-refundable.
Holder, on their behalf and on behalf of any Accompanying Party, 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.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN CONFORMITY WITH THE LAWS OF THE STATE OF CALIFORNIA (EXCLUSIVE OF CONFLICTS OF LAWS PRINCIPLES). WITHOUT LIMITATION TO THE ARBITRATION AGREEMENT, EACH PARTY HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS WHICH IT MAY HAVE TO MAKE ANY OBJECTIONS BASED ON JURISDICTION, VENUE, OR SUFFICIENCY OF PROCESS TO ANY SUIT BROUGHT TO ENFORCE THIS AGREEMENT IN SAN FRANCISCO, CALIFORNIA or SAN MATEO COUNTY, CALIFORNIA AND EACH PARTY AGREES TO VENUE IN SAN FRANCISCO, CALIFORNIA AND SAN MATEO COUNTY, CALIFORNIA OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA.
Any waiver or consent by Venue to any variation from any provision in this Agreement shall be valid only in the specific instance in which it is given, and no such waiver or consent shall be construed as a waiver of any other provision on this Agreement or with respect to any similar instance or circumstance. This Agreement and all the terms and provisions hereof will be binding upon and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns. Except as otherwise provided herein, if any provision of this Agreement will be held invalid or unenforceable, the remainder of this Agreement will not be affected, but will continue to be valid and enforceable to the fullest extent permitted by law.
For a Holder that holds a Seat License, (a) to the extent that the Seat License provides for any rights or benefits (e.g., amenities or parking), Account Holder's eligibility for such rights or benefits arises solely, if at all, by operation of the Seat License and is subject to all of the limitations contained therein, and (b) this Agreement, and any rules or policies implemented hereunder, constitute the terms offered, adopted, and established by Licensor (as that term is defined in the Seat License) and the Giants pursuant to that Seat License, and are binding on the Holder.
ENTERING THE PLAYING FIELD, DISRUPTING A GAME AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH A GAME PARTICIPANT MAY BE PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
[A1]Expanded definition to include surrounding areas/parking lots, and added Scottsdale Stadium to the extent this is intended to apply to Spring Training as well.