TERMS AND CONDITIONS FOR INDIANS DESTINATIONS TRIP
By purchasing a Cleveland Indians Destinations trip package (a “Trip”), you (the “Participant”, “You” or “Your”, as applicable) acknowledge Your acceptance of these Terms and Conditions in all respects.
Full payment for the Trip is due to Fenway Sports Management (“FSM,” “We,” or “Us”) upon reservation. Payments must be made in the form of cashier's check, MasterCard, Visa, American Express, or Discover. All presently known government and local taxes on services included in the Trip package are included in the Trip package price.
By providing credit card information (either verbally or in writing) or check to FSM, I am acknowledging my agreement to the Terms and Conditions in all respects, whether or not I have actually provided such acknowledgement in writing. If full payment is not received by FSM upon reservation, FSM's obligation to provide services to the Participant in connection with the Trip may be considered null and void at the sole discretion of FSM, and any partial payments made prior to such date will be forfeited.
A personalized itinerary will be emailed to You no later than one (1) week prior to Your Trip. The itinerary will include, as applicable, confirmation numbers, timing for the scheduled events, seat assignments and other important information for the Trip. If You are staying at one of the designated Destinations hotels, You will receive Your VIP Credentials and game tickets, if applicable, at the hotel upon check in. If You choose not to stay at one of the Destinations designated hotels, You will receive Your credentials and game tickets, if applicable, via FedEx one (1) week prior to Your Trip departure. If You live internationally, any tickets and credentials will be in Your gift bag at the hotel. We do not accept P.O. Boxes as shipping address so please provide a valid address during Your registration that will accept FedEx packages.
You, on behalf of Yourself and Your minor child(ren) (if applicable), hereby grant the Released Parties the worldwide and perpetual right and authority to use, reproduce, distribute, broadcast or otherwise transmit, publish and display in whole or in part, in any and all media now known or hereafter invented, in perpetuity, for any purpose, including in connection with any telecast or broadcast of a Trip game or related event (or any portion thereof), in publications, social media, and for any other commercial purpose, without notification, compensation or additional consideration, unless prohibited by law: (a) Your name and/or photograph; (b) the name(s) and/or photograph(s) of Your minor child(ren) (if applicable); (c) or any other likeness and/or biographical information You may provide in connection with the Trip; and/or any statement You have made or may make concerning the Trip.
Hotels generally require a credit card or cash deposit upon check-in to cover incidental hotel charges. Each Trip participant is solely responsible for all incidental charges incurred at the hotel during the Trip. All incidental charges must be paid directly to the hotel by the Trip participant upon check-out. Any requests for specific room types, including smoking, non-smoking, or specific bedding, are subject to hotel availability at time of check-in, and cannot be guaranteed.
FSM obtains tickets for events in various forms and at different time periods. FSM is not necessarily in physical possession of admission tickets at the time a booking is made or accepted. FSM will be acquiring event tickets on the Participant’s behalf. Special ticket requests, including requests for specific seating locations, are subject to availability and cannot be guaranteed.
For all Trip packages that include a game jersey, all jersey requests must be fully completed and returned to a FSM representative by the date specified on the order form in order to guarantee on-time delivery. FSM cannot guarantee on-time delivery for jerseys not ordered by the date specified on the order form.
Any coach or player appearance included in a Trip shall be subject to such coach or player’s availability. FSM reserves the right in its sole discretion to substitute any coach or player for an alternative coach or player at any time for any reason. The selection of such coach or player shall be determined in the sole discretion of FSM.
All Trip bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. FSM regrets that it cannot make any exceptions to the cancellation policy for illness, personal emergencies or any other circumstances. We strongly encourage the purchase of travel insurance.
FSM is committed to delivering a safe and enjoyable experience for all Trip Participants. Trip Participants shall (a) wear their Trip credentials at all times while participating in any Trip event or activity, (b) obey all instructions of Trip personnel, (c) sit only in his or her ticketed seats and show his or her tickets when requested, and (d) comply with all transportation or venue rules that are posted or provided to him or her, including the terms on the game tickets, and with any instructions of venue or Trip personnel, including any request from venue staff regarding venue operations or emergency procedures. Trip Participants shall not engage in disruptive behavior, including foul, abusive or obscene language or gestures, fighting, throwing objects or fluids, harassment of any other person, or trespassing onto the playing field or any other restricted venue area. Trip Participants shall consume alcoholic beverages responsibly. Violators of the foregoing code of conduct (the “Code of Conduct”) risk immediate ejection from the Trip (as well as the applicable venue) and other penalties, including lifetime bans from venues and future programs operated by FSM or its affiliates and possible arrest, and any such ejection shall be at Trip Participant’s sole cost and expense (including transportation and lodging costs). Without limiting any of its other rights, FSM may decline or cancel the Trip reservation of any Trip Participant if FSM determines, in its sole discretion and at any time, that such Trip Participant violated the Code of Conduct in any trip or program operated by FSM or its affiliates. Any Trip Participant that becomes aware of a security concern or person in need of assistance during the Trip, or observes another person interfering with another participant’s enjoyment of the Trip, should notify FSM, venue or transportation provider personnel or other appropriate authority of such matter immediately.
You acknowledge that FSM is responsible only for arranging and coordinating the transportation, accommodations and other benefits in connection with the Trip. You acknowledge and agree that FSM does not own, operate or otherwise control, and is not an agent for, any of the entities actually providing the transportation, accommodations or other benefits to be provided in connection with the Trip including, without limitation, car rental, air and ground transportation, and hotel accommodations.
To the extent permitted by law, You hereby irrevocably waive all claims of any nature against FSM and the Cleveland Indians Baseball Company Limited Partnership and each of their members, partners, officers, directors, affiliates, sponsors, agents, employees and representatives of FSM and the Cleveland Indians Baseball Company Limited Partnership, MLB Advanced Media, L.P., the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ("Clubs"), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., 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 (the "Released Parties") from and against all claims relating to loss, injury and damage that You or any person traveling with You may suffer during the Trip, and from any property loss, damage or theft that may occur during the Trip including, without limitation, loss or theft of luggage, or any cancellation, delay, or changes to itineraries and schedules or cancellation of baseball games that result from any act of war, terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, weather, strikes or labor disputes, or any other reason beyond the control of the Released Parties (a "Force Majeure Event"). In no event shall You or anyone for whom You provided payment for the Trip be entitled to any refund of any amounts paid for the Trip if the Trip or any portion thereof is cancelled due to a Force Majeure Event.
In addition, You further acknowledge and agree that You are assuming all risk of injury, damage or loss incidental to attending games and other events or activities during the Trip, including, without limitation, those suffered by broken bats and batted balls, and the Released Parties shall not be responsible for any injury, damage or loss suffered by You or anyone for whom You provide payment for the Trip. You hereby also consent to the terms and conditions set forth on the back of each of the game tickets.
FSM reserves the right to accept or decline any person as a member of its Trip or to cancel a Trip completely in its sole discretion. If a Trip is cancelled by FSM for any reason other than a Force Majeure Event or a violation of the Code of Conduct, FSM will remit a full refund to the cancelled party. Such refund shall be the sole and exclusive remedy for the cancelled party.