RELEASE OF LIABILITY AND ASSUMPTION OF RISK RELATED TO PERSONAL INJURY AND/OR PROPERTY DAMAGE: The holder of this ticket (“Holder”), including any minor accompanying Holder (“Minor”), assumes all risk, danger, and injury incident to attendance at the game or event (“Event”), whether occurring prior to, at any time during, or after an Event (including, but not limited to, the danger of thrown or broken bats, fragments thereof, and thrown, propelled, or batted balls and other objects (including, but not limited to, promotional items), and injuries caused, in whole or part, by third parties arising therefrom), and agrees that no persons or entities (including, but not limited to, Ticketmaster, L.L.C.; AZPB Limited Partnership dba Arizona Diamondbacks (“Club”) and the other Major League Baseball clubs, Office of the Commissioner of Baseball, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, and their respective affiliates, agents and/or players (each an “MLB Entity”); Arizona Diamondbacks Events and Entertainment LP (“ADEE”); any event promoter; and each of their respective affiliates, employees, contractors, and agents) (collectively, “Released Parties”) are liable for any injury to Holder resulting from such causes and releases and holds harmless such Released Parties. Thrown or broken bats, fragments thereof, and thrown, propelled, or batted balls and other objects can enter spectator areas with great force. The risk of injury cannot be avoided completely if Holder attends the Event. If Holder would like to reduce the risk, this ticket can be exchanged for a ticket located in the upper deck, or in the event of a sellout, a refund in the amount of the face value of this ticket can be provided to Holder at any time before the Event begins.
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 behalf of Holder, Minor and any accompanying parties for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms) (“Accompanying Parties”), agrees to: (a) assume all risks associated with COVID-19 and other communicable diseases; and (b) comply with all related health and safety policies of the Club and/or ADEE, including those set forth at www.dbacks.com/safety.
Holder, on behalf of Holder, Minor, and any Accompanying Parties, acknowledges and agrees to comply with: (a) all relevant policies and protocols issued by the Club and/or ADEE, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at www.dbacks.com/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 (b) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
The use of abusive language, interference with the Event (including throwing objects in the stands or onto the field or stage), entry to the playing field, the stage or any other unauthorized area, and drunken or disorderly behavior are prohibited. Violators are subject to ejection and/or arrest.
IMPORTANT: Holder agrees that: (a) Holder shall not transmit or aid in the transmitting of any information about the Event, including but not limited to any account, description, picture, video, audio, reproduction, or other information concerning the Event (“Event Information”); (b) Club, ADEE, and/or event promoter is the exclusive owner of all copyrights and other proprietary rights in the Event and Event Information; (c) Holder’s and Minor’s name, likeness, and voice taken in connection with the Event may be used in any broadcast, photograph, video, and/or sound recording for all purposes by Club, ADEE, MLB Entities, event promoter, and/or their respective affiliates, sponsors, corporate partners, and broadcast/media partners; (d) this ticket may not be used for any advertising, promotion (including contests or sweepstakes), or other commercial purposes without the express written consent of Club, ADEE, and/or event promoter (as applicable); and (e) no resale of this ticket is permitted: (i) via the internet or any other interactive media, except through a website operated or expressly designated by Club or an MLB Entity with respect to games, or by ADEE or an event promoter with respect to other events; and (ii) if prohibited by any applicable federal, state, or local law or regulation. The license granted by this ticket is revocable and may be terminated by Club, ADEE, and/or event promoter at any time. Event times are subject to change.
ANY DISPUTE, CLAIM, OR CAUSE OF ACTION ARISING OUT OF HOLDER’S ATTENDANCE AT THE EVENT SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, AND BINDING ARBITRATION HELD IN PHOENIX, ARIZONA AND ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS THEN-CURRENT COMMERCIAL ARBITRATION RULES. NEITHER HOLDER NOR CLUB, ADEE, OR EVENT PROMOTER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES. ALL PARTIES WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING ANY CLAIM.
Tickets loaded with D-bucks are valid on the day of the Event and may be used for the purchase of concessions, merchandise (Team Shop store locations), or tickets to a future regular season home game (via advanced tickets sales windows or at the main Box Office). Certain D-bucks may not expire. See www.dbacks.com/dbucks to redeem unexpired D-bucks and for all terms and conditions.
FAN HEALTH PROMISE:
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder, Minor 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 nor any Accompanying Parties 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 behalf of Holder, Minor and any Accompanying Parties, agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including without limitation: (a) terms that mandate or prescribe the quantity of tickets available to be purchased; (b) additional requirements regarding Accompanying Parties; and (c) terms regarding the resale or transfer of tickets.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES:
Holder, on behalf of Holder, Minor and 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 at the ballpark and surrounding areas, including parking lots (“Ballpark”). By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder, Minor 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, Minor or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE:
HOLDER, ON BEHALF OF HOLDER, MINOR, ANY ACCOMPANYING PARTY AND THEIR personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on their behalf, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, MINOR OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER, MINOR 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 COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of these terms shall not be affected thereby and shall remain valid and fully enforceable.