COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses:
This section is an acknowledgement and express assumption of risk and release of liability in any way related to or arising from being exposed to or contracting COVID-19 (as defined by the World Health Organization) and 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 (collectively, “Communicable Disease”) in and around any part of the ballpark, stadium or surrounding grounds or parking areas, to which the ticket provides access. By holding this ticket, you are acknowledging and confirming on your behalf, and on behalf of any individual who uses this ticket (including any minor children), both now and in the future, that you understand and expressly assume the risk that you may be exposed to COVID-19 or other Communicable Disease. You expressly understand 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. You further acknowledge and understand 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 you will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in your decision to use the ticket that cannot be eliminated. You further acknowledge and understand that, if infected with COVID-19 or other Communicable Disease, you may infect others you subsequently come in contact with, even if you are not experiencing or displaying any symptoms of illness, and that the risk of spreading COVID-19 or other Communicable Disease to others remains at all times. Accordingly, you further agree that you will not utilize this ticket, or knowingly allow another person to utilize the ticket, if within fourteen (14) days preceding the ticketed event, you or the individual using the ticket has:
a) 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
b) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
c) traveled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” health advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”); OR
d) been in direct contact with or the immediate vicinity of (collectively, the “Encounter”) any person who is either confirmed or suspected of being infected with COVID-19 or other Communicable Disease or who has travelled to a Prohibited Country within the fourteen (14) days preceding the Encounter.
You agree that this section is intended to be a binding and full waiver of claims and release of liability with respect to any controversy, claim or dispute that may arise out of or during use of this ticket that is related to exposure to or the contraction of COVID-19 or other Communicable Disease.
SPECIFICALLY, YOU AGREE THAT YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE THE CLUB AND THE ADDITIONAL RELEASED PARTIES NOTED BELOW WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE FOLLOWING YOUR USE OF THE TICKET, OR DURING YOUR PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE CLUB OR OTHER RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING ANY VENUE DURING ANY COMMUNICABLE DISEASE EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. YOU FURTHER AGREE THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF USING TICKETS AND/OR AS A RESULT OF THEM BEING EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY YOU. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED BY YOU ON YOUR OWN BEHALF, AS SET FORTH ABOVE, AND ALSO ON BEHALF OF ANY OTHER INDIVIDUAL WHO USES A TICKET. The “Released Parties” shall include (a) the Office of the Commissioner of Baseball and its related entities (“MLB”), Major League Baseball Properties, Inc. (“MLBPI”) and its related entities, MLB Advanced Media, L.P. (“MLBAM”) and its related entities, each of the Major League Baseball Clubs, and every director, officer, owner, stockholder, trustee, partner, employee, agent, independent contractor and consultant of MLB, MLBPI, MLBAM and the respective related entities and members of each of the foregoing (the “MLB Parties”); (b) the owners and operators of the venues in which the 2020 season will be played (the “Venues”), and event sponsors, contractors, vendors, operators, agencies and advertisers of the MLB Parties and Venues; (c) licensees, and retail, concession, broadcast and media partners of the MLB Parties; (d) press and other media; (e) vendors that may provide testing or medical services; (f) entities and individuals providing accommodation and transportation to or from the Venues; (g) other entities and individuals who enter the Venues; and (h) the respective parent, subsidiary, affiliated and related companies and officers, directors, employees, agents, licensees, contractors, sub-contractors, insurers, representatives, successors, assigns of each of the foregoing entities and persons.
[FOR CALIFORNIA RESIDENTS] YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE FAMILIAR WITH AND DO 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.”
This acknowledgement and express assumption of risk, waiver of claims, and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.
In order to protect the health and safety of the holder of the ticket and all others, the ticket holder must comply with all Club and ballpark/stadium policies, all policies of the Centers for Disease Control and Prevention, and all laws and policies of all applicable federal, state and city authorities, in each case respecting COVID-19 and other Communicable Disease. The Club and its designees have the right to deny admission to or eject any person who the Club or such designees determines, in its sole discretion, poses a risk to the health or safety of others and/or whose conduct violates these terms.
Ticket 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 Club while at the ballpark, stadium or surrounding grounds or parking areas, such as, but not limited to, distancing requirements and the wearing of masks in designated areas.