2019 DODGERS TICKET PURCHASE AGREEMENTThis Ticket Purchase Agreement ("Agreement") is entered into by and between the Account Holder and Dodger Tickets LLC (the "Venue"), as of the date that (i) the Account Holder accepts these Terms and Conditions online or (ii) the Account Holder, or someone acting on the Account Holder’s behalf, pays for the Tickets, whether in part or in full, whichever occurs first. By accepting these Terms and Conditions online and/or paying for the Tickets, in part or in full, the Account Holder agrees to the terms and conditions set forth below. 1. For purposes of this Agreement, the "Account Holder" is the person or entity named as the Account Holder on the corresponding My Dodgers Tickets account. The "Account" is the revocable license granted by this Agreement to the Account Holder to purchase the number of Tickets specified on the Account Holder’s My Dodgers Tickets account for the number of Los Angeles Dodgers (the "Team") exhibition and/or regular season home games ("Games") during the "Season" specified on the Account Holder’s My Dodgers Tickets account. The "Bearer" of a Ticket is the person who actually uses the Ticket on the day of the Game. Each "Ticket" represents a revocable license that enables the Bearer to enter the premises of Dodger Stadium on the day of the Game and occupy the seat location shown on the Ticket for that Game. Nothing contained in this Agreement grants or shall be deemed to grant to the Account Holder, and the Account Holder does not have, any right or option whatsoever to purchase Ticket(s) for any season after the Season or for the same seat locations that are assigned to the Account for the Season. Neither tickets nor admission to any playoff games (i.e., Wild Card games, National League Division Series ("NLDS") games, National League Championship Series ("NLCS") games, and World Series games) played at Dodger Stadium (hereinafter individually and collectively referred to as the "Playoff Games"), including, without limitation, during the Season, are included under this Agreement or as part of the Account. If an option to purchase Playoff Tickets is included in the ticket plan purchased by the Account Holder, as specified here, (a) that option is at all times subject to the rules and regulations of Major League Baseball, and (b) the seat locations for any Playoff Tickets purchased pursuant to this Agreement shall be at the sole discretion of the Venue. The Account Holder acknowledges and agrees that neither tickets nor admission to any games, including, without limitation, playoff games, played at a stadium other than Dodger Stadium are included in this Agreement or as part of the Account. If the Account Holder purchases Tickets for all eighty-two (82) Games, and the Team participates in a tie-breaker game(s) at the conclusion of the regular season, the tie-breaker game(s) will constitute a regular season game(s) that the Account Holder will be required to purchase. The Venue will send the tickets for the tie-breaker game(s) to the Account Holder and thereafter invoice the Account Holder for the price of the tickets for the tie-breaker game(s) after the tie-breaker game(s) is played. The Venue reserves the right to (a) move the Account Holder's Seat Locations at any time during the Season upon prior written notice to the Account Holder, (b) place signage and/or netting anywhere inside Dodger Stadium, including, without limitation, in front of the Seat Locations, and (c) allow film crews and photographers to occupy the aisles in and around the area of the Seat Locations. 2. The Account Holder must be a living adult individual or a legal business entity. This Agreement, the Account, and/or any rights that the Account Holder may have hereunder, shall not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Account Holder to any other person or entity. Except as expressly permitted by the Venue or Major League Baseball, the Account Holder, any Bearer, and/or any person or entity having possession of any Ticket(s), shall not sell, resell, assign, or transfer such Ticket(s) to any person or entity for any price. The sale, resale, attempted resale, assignment, or transfer of any Ticket(s) in violation of the terms of this Agreement and/or of any federal, state, or local law, ordinance, rule, or regulation, shall automatically give the Venue the unrestricted right to terminate this Agreement, cancel the Account and the Ticket(s), and revoke the personal license represented thereby, immediately and without having to refund the purchase price of the Ticket(s) to the Account Holder or anyone acting on the Account Holder’s behalf. For purposes of this Agreement, any sale, resale, attempted resale, assignment, or transfer of any Ticket(s) in any manner or at any price by any person or entity other than the Account Holder shall constitute a sale, resale, attempted resale, or transfer of such Ticket(s) by the Account Holder. No Ticket may be used for advertising promotions (including, without limitation, contests and sweepstakes) or other trade purposes without the express written permission of Los Angeles Dodgers LLC (the "Dodgers"). 3. This Agreement and the Account may be terminated, and the personal license represented thereby revoked, immediately by the Venue upon the death of an individual Account Holder and/or upon the breach of any of the terms of this Agreement by the Account Holder, a Bearer, and/or anyone acting with the authorization or on behalf of the Account Holder. This Agreement and the Account may also be terminated, and the personal license represented thereby revoked, immediately by the Venue if the Account Holder (whether an individual or legal entity) becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has otherwise ceased to conduct business. 4. The revocable license represented by a Ticket may be terminated at any time by the Venue if the Account Holder and/or Bearer breaches any of the terms of this Agreement or violates any laws, ordinances, rules, or regulations in effect at Dodger Stadium, or if the Venue, in exercise of its sole and absolute discretion, deems it necessary to revoke the license in order to ensure the public’s safety or the public’s enjoyment of the Games, or for any other reason. 5. The Account Holder must promptly notify the Venue of any change of address. Such notice must be in writing and must include the signature of the individual Account Holder or, if a business entity is the registered Account Holder, of an authorized corporate officer, partner, or member. 6. If any Tickets are misplaced, or if incorrect Tickets are presented for admission, replacement Tickets may be issued by the Venue at its sole discretion. A non-refundable replacement fee of Ten Dollars ($10.00) per Game per Account shall be required before any replacement Tickets are issued. Replacement Tickets will be issued only to the Account Holder and for no more than two (2) Games per Account for the Season. 7. While at Dodger Stadium, all spectators, including, without limitation, Account Holders and Bearers, shall comply with all applicable federal, state, and/or local laws, ordinances, rules, and regulations, and any rules established by the Venue. This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of California and any applicable federal laws without regard to choice of law rules. This Agreement may be amended only by a writing signed by both parties. 8. ASSUMPTION OF RISK: THE ACCOUNT HOLDER AND EACH BEARER OF A TICKET ACKNOWLEDGES THAT HE OR SHE KNOWS AND UNDERSTANDS ALL OF THE RISKS OF HARM OR INJURY TO HIS OR HER PERSON OR PROPERTY THAT MAY RESULT FROM ATTENDING A BASEBALL GAME AND PARTICIPATING AS A SPECTATOR IN SUCH EVENT AND HEREBY EXPRESSLY ASSUMES ALL RISKS AND DANGERS INCIDENTAL TO THE GAME OF BASEBALL, WHETHER OCCURRING PRIOR TO, DURING, OR SUBSEQUENT TO, THE ACTUAL PLAYING OF THE GAME, INCLUDING, BUT NOT LIMITED TO, THE DANGER OF BEING INJURED BY PLAYERS, OTHER FANS, THROWN BATS OR PORTIONS THEREOF, THROWN OR BATTED BALLS OR OTHER OBJECTS OR PROJECTILES, AND AGREES THAT THE VENUE, THE DODGERS, MAJOR LEAGUE BASEBALL PROPERTIES, INC., THE OFFICE OF THE COMMISSIONER OF BASEBALL, AND THE PLAYERS AND TEAMS PARTICIPATING IN THE GAME ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, AND/OR INJURIES RESULTING FROM SUCH CAUSES. 9. The Account Holder and each Bearer of a Ticket shall indemnify, defend, and hold harmless, and covenants not to sue, the Venue, the Dodgers, the Office of the Commissioner of Major League Baseball, all participants in the Games, including the visiting teams, and the respective affiliates, owners, shareholders, directors, officers, employees, representatives, agents, contractors, licensees, heirs, successors, and assigns of any of the aforementioned parties (hereinafter, individually and collectively referred to as the "Indemnified Parties"), from and against any and all demands, claims, suits, causes of action, costs, expenses and attorneys’ fees, and/or any liability whatsoever, for any losses, injuries, and/or damages whatsoever sustained by anyone, whether to their persons and/or property, as a result of or incident to any of the risks assumed in Section 8, above, including, but not limited to, the danger of being injured by players, other fans, thrown bats or portions thereof, thrown or batted balls, or other objects or projectiles. The foregoing indemnity shall apply to any and all costs and expenses incurred by or on behalf of the Indemnified Parties in defending and/or preparing to defend against any such claims, suits, and/or liability. 10. DEFAULT: If the Account Holder fails to pay the Deposit and/or the Total Amount, in full, by the applicable Due Date shown on the front of this Agreement, or otherwise defaults in the performance or observation of any of its obligations under this Agreement, the Venue may, in its sole discretion either: (i) withhold distribution of Tickets and/or admission to the Games until such time as said default(s) is/are cured, or (ii) terminate this Agreement and the Account immediately by giving notice of termination to the Account Holder. The foregoing remedies shall be cumulative and not exclusive of any other right or remedy set forth herein or otherwise available to the Venue in law or at equity. No waiver by the Venue of any default or breach by the Account Holder hereunder, and no failure or delay by the Venue in the exercise of any remedy provided herein, shall be construed to constitute a forfeiture or waiver thereof or of any other right or remedy available to the Venue. 11. The failure of the Venue to seek redress for any violation of, or to insist upon the strict performance of, any covenant, term, condition, representation, and/or warranty set forth in this Agreement will not constitute a waiver of such rights or in any way limit or prevent the subsequent enforcement of any such covenant, term, condition, representation, and/or warranty. The various rights, powers, and/or remedies of the Venue hereto or herein contained will not be considered as exclusive of, but will rather be considered cumulative to, any rights, powers, and/or remedies now or hereafter existing at law or in equity and/or created by this Agreement. 12. While at Dodger Stadium, all spectators, including, without limitation, Account Holders and Bearers, shall not transmit or aid in transmitting any information, description, account, picture, or reproduction of the Game or any entertainment, attractions, warm-ups, practices, pre-game, post-game, or between-inning activities, promotions, or competitions offered in connection with the Game (collectively, the "Game Information"). The Dodgers are the exclusive owner of all copyrights and other intellectual and property rights in the Game Information. 13. By using the Ticket, the Bearer acknowledges and agrees that the Venue, the Dodgers, the other Major League Baseball club playing in the Game ("Visiting Club"), the Office of the Commissioner of Baseball, Major League Baseball Properties, Inc., and Major League Baseball Advanced Media, Inc. shall have the unrestricted right and license to use and exploit the Bearer’s image, voice, and likeness as it appears in any film, photograph, broadcast, telecast, and/or recording made in connection with the Game or at Dodger Stadium in any manner, in all media, worldwide, in perpetuity, including, without limitation, in any advertisements and/or promotional materials for any of the aforementioned entities. 14. All sales are final. No refunds, returns, or exchanges of any kind are permitted. 15. This Agreement constitutes the entire agreement between the parties and the provisions hereof supersede any and all prior and/or contemporaneous agreements or understandings relating to the same subject matter. Terms of Use for My Dodgers TicketsThese Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of the My Dodgers Tickets online functionality ("My Dodgers Tickets"), and all of the services provided by it (collectively, the "Services") which are offered on or available through the pages of this website (this "Website") and our partner websites as set forth herein. By registering to use the Services, you acknowledge that you have read and understand this Agreement and you expressly agree to comply with and be bound its terms. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement between you, Los Angeles Dodgers LLC (the "Dodgers"), and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or the Dodgers may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms of Use on this Website. Any revised, modified or amended Terms of Use will be deemed effective once you visit this Website or otherwise use the Services after such terms are posted. This Agreement was last revised on January 10, 2014. By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of the Dodgers, as such may be amended from time to time, including, without limitation, those terms and conditions printed on each Dodgers game admission ticket ("Ticket"), (2) the terms, conditions and policies set forth in the My Dodgers Tickets help screens, (3) the Terms of Use and Privacy Policy generally applicable to this Website and the websites of each of the Dodgers and Major League Baseball ("MLB"), collectively referred to herein as the "MLB.com Websites", each of which is incorporated as part of this Agreement by this reference. In addition to the foregoing, when you use the StubHub ticket resale marketplace and services (the "StubHub Marketplace"), you will be bound to the terms of the User Agreement and Privacy Policy applicable to the StubHub.com website (the "StubHub Website") and the StubHub Marketplace. StubHub is the official online secondary ticketing provider for MLB.com and the Dodgers. You are encouraged to read all applicable Terms of Use, User Agreements, and Privacy Policies before you engage in any transaction on My Dodgers Tickets and/or the StubHub Marketplace. By engaging in a transaction on My Dodgers Tickets, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, you represent the same to be true: 1. Eligibility and Registration. If you wish to list a Ticket from your My Dodgers Tickets account to sell such Ticket on the StubHub Marketplace or to forward a Ticket through the Ticket Forward function of My Dodgers Tickets ("Forward"), you must first register with My Dodgers Tickets. To qualify for registration, you must be at least 18 years of age. By registering with My Dodgers Tickets and accessing the Services, you are representing to us that you are at least 18 years of age. The Dodgers or Tickets.com may suspend or terminate your My Dodgers Tickets account if you are not qualified to use the Services. 2. Dodgers Ticket Holders and Applicable Games. Not all Ticket account holders of record are authorized by the Dodgers to use My Dodgers Tickets to sell Tickets on the StubHub Marketplace or to forward Tickets through Forward. Finally, only Tickets for Dodgers home games at Dodger Stadium, as designated by the Dodgers from time to time may be listed from a My Dodgers Tickets account to be sold on the StubHub Marketplace or forwarded through Forward. 3. Accuracy of Information. You agree, and by using the Services you represent and warrant, that the information you provide to anyone in connection with your use of the Services (including, without limitation, Tickets.com, the Dodgers, MLB Advanced Media L.P. ("MLBAM"), and/or StubHub) is true and accurate in all respects. None of Tickets.com, the Dodgers, MLBAM or StubHub guarantees the truth or accuracy of any statements or representations made by My Dodgers Tickets users. None of Tickets.com, the Dodgers, MLBAM or StubHub will be liable or bear any responsibility for statements made by other My Dodgers Tickets users. 4. Specific Terms Governing Selling and Buying Tickets Through My Dodgers Tickets. If you sell a Ticket through the StubHub Marketplace, in addition to the Terms of Use specifically applicable to the StubHub Website and the StubHub Marketplace, you agree to be bound by the following terms:
5. Specific Terms Governing Use of Forward. If you forward a Ticket through Forward, you agree to be bound to the following terms. If you are a qualified My Dodgers Tickets account holder of record and are forwarding a Ticket, you are referred to below as the"Sender". If you are receiving a forwarded Ticket, you are referred to below as the"Recipient".
6. Termination of Participation. The Dodgers may, in their sole discretion, and at any time, terminate, suspend, or restrict your use of the Services immediately and without notice, with or without cause, including, without limitation, if the Dodgers determine that (A) you have violated the terms of this Agreement or any other applicable terms, conditions, or restrictions, (B) you have violated, or attempted to violate, the rights of other My Dodgers Tickets participants, (C) you have violated any policy, rule, regulation, or direction of the Dodgers relating to either the Dodgers and/or Dodger Stadium, as each may be amended from time to time by the Dodgers in their sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation, or order, including, without limitation, any such law, statute, ordinance, rule, regulation, or order regarding fraudulent activity. None of Tickets.com, the Dodgers, or MLBAM will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (i) you will cease use of the Services, (ii) any of your Ticket transactions for future game dates may be cancelled, (iii) set-offs and debits may be taken against your account, and (iv) any other actions available to the Dodgers, Tickets.com, or MLBAM, either at law or in equity, may be taken against you. 7. Legality of Transaction. None of the Dodgers, Tickets.com, or MLBAM makes any assurance that the Services or the StubHub Marketplace complies with applicable Federal, state, municipal, or other local law or regulation. Users of the Services and/or the StubHub Marketplace assume all risk in connection with any transaction conducted with the Services and/or on the StubHub Marketplace, including without limitation, any sale and purchase of a Ticket through the StubHub Marketplace. 8. Trademarks. No ownership or other rights in or to the trademarks and/or copyrighted material contained on any of this Website, the MLB.com Websites or the StubHub Website is granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree that you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever. 9. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. NONE OF TICKETS.COM, THE DODGERS, OR MLBAM WARRANT THAT (A) THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THIS WEBSITE, THE MLB.COM WEBSITES, OR THE STUBHUB WEBSITE (OR ANY SERVERS THAT MAKE THE SERVICES AND/OR THE STUBHUB MARKETPLACE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE DODGERS, TICKETS.COM, OR MLBAM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES AND/OR THE STUBHUB MARKETPLACE ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM, THE DODGERS, MLBAM, OR AN AUTHORIZED REPRESENTATIVE OF TICKETS.COM, THE DODGERS, OR MLBAM, WILL CREATE A WARRANTY OF ANY KIND. 10. LIMITATION OF LIABILITY. NONE OF TICKETS.COM, THE DODGERS, MLBAM, OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES WILL BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING, WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (I) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM, THE DODGERS, OR MLBAM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER MY DODGERS TICKETS PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, THE DODGERS, MLBAM, OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WHATSOEVER. 11. INDEMNITY. EACH PERSON WHO USES THE SERVICES AND/OR THE STUBHUB MARKETPLACE AGREES TO SAVE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE DODGERS, MLBAM, TICKETS.COM, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, PENALTIES, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND/OR THE STUBHUB MARKETPLACE AND THEIR USE. 12. Compliance with Laws. You agree that you will not use the Services or the StubHub Marketplace for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, and orders regarding ticketing, including, but not limited to ticket resale. 13. No Guarantee of Security. None of Tickets.com, the Dodgers, or MLBAM guarantees secure access to either the Dodgers or the My Dodgers Tickets Website and none of the Dodgers, Tickets.com, or MLBAM assures the security of any information provided by you in connection with the Services or the StubHub Marketplace. 14. Password Use. In order to use the Services, you will be required to register with My Dodgers Tickets, and as part of such registration, you will receive a user name and password. You are solely responsible for maintaining the confidentiality of your user name and password, and are solely responsible for all actions that occur under your user name and password. 15. General. This Agreement will be governed in all respects by the laws of the State of California without regard to conflict of law principles. You agree that any action arising out of or relating to these terms will be submitted to binding arbitration, held in Los Angeles, California, pursuant to the Commercial Rules of the American Arbitration Association, and that the terms of such action, the names of the parties, all documents filed in connection with such arbitration, and any award by the arbitrator (or other resolution of such matter) will be confidential. This Agreement sets forth the entire understanding and agreement between the parties with relation to the subject matter of this Agreement, and it is understood that there are no oral representations, understandings, or agreements covering the same subject matter as this Agreement. In case any provision of this Agreement will be invalid, illegal, or unenforceable, such provision will be severed from this Agreement and the validity, legality, and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. Headings in this Agreement are used for convenience of reference only and will not in any way define or affect the meaning, construction, or scope of the provisions captioned. No delay of, or omission in the exercise of any right, power, or remedy accruing to the Dodgers, Tickets.com, or MLBAM under this Agreement will impair any such right, power, or remedy, nor will it be construed as a waiver of any future exercise of any right, power, or remedy. |