Monster Energy AMA Supercross Championship Ticket Terms and Conditions
1. PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED EVENT FOR WHICH IT IS ISSUED.
2. This ticket is a revocable personal license, and the holder of this ticket, on behalf of the holder and any accompanying minor or legally incapacitated adult, including a minor or legally incapacitated adult holding a separate ticket (individually and collectively, the “Holder”), agrees to be bound by all of its terms and conditions. The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by Feld Entertainment, Inc. (“FEI,” “we,” “us”, “our”), Monster Energy AMA Supercross Championship (“Supercross”), American Motorcyclist Association (“AMA”), and any operator of the arena or related arena grounds (including, without limitation, parking areas and entry gates) (the “Arena”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Additional Terms”). Additional Terms include any health and safety requirements and other terms, as may be updated from time to time, set forth at the following URL: https://corp.feldentertainment.com/en/terms-of-use/us/. By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and conditions and agreed to be bound by them.
3. ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) IF ADMISSION IS REFUSED OR REVOKED, OR THE EVENT IS CANCELLED AND NOT RESCHEDULED, IS A REFUND OF UP TO THE TICKET’S FACE VALUE SET BY FEI (THE “FACE VALUE”). IN NO EVENT SHALL FEI, SUPERCROSS, OR AMA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.
The Event date and time (and gate opening) are subject to change by FEI, Supercross, AMA and/or the Arena, in their sole discretion, and no such change shall entitle the Holder to a refund or other remedy if the Holder cannot attend or for any other reason. The Holder may be relocated in the sole discretion of FEI, Supercross, AMA, or the Arena, and no such relocation shall entitle the Holder to a refund or other remedy.
4. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT THE HOLDER’S LEGAL RIGHTS, INCLUDING THE HOLDER’S RIGHT TO FILE A LAWSUIT IN COURT. THE HOLDER HAS THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION AS SET FORTH BELOW. THIS IS A SUMMARY OF MANDATORY TERMS. For full terms related to dispute resolution, please visit https://corp.feldentertainment.com/en/terms-of-use/us/, which terms the Holder agrees will apply. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THE TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN FAIRFAX COUNTY, VIRGINIA. THE HOLDER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THE HOLDER UNDERSTANDS THAT THEY ARE WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT AND THE LAWS OF THE COMMONWEALTH OF VIRGINIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW.
5. The Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in any such activity): (i) in any form, any description or account (whether text, data or visual, and including, without limitation, play-by-play data) of the Event or related events (collectively, “Descriptive Information”) for any commercial or non-personal, purpose; (ii) any images, videos, audio, or other form of display, public performance, or reproduction of any portion of the Event or related events (“Event Works”) for any commercial or non-personal purpose; or (iii) livestreams of any portion of the Event or related events (“Livestreams”). Notwithstanding the foregoing, the Holder agrees that by causing their ticket to be scanned upon entry to the Event, the Holder shall be deemed to have signed the ticket and granted FEI an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Event Works, Livestreams, and Descriptive Information.
6. The Holder grants irrevocable permission to FEI, Supercross and AMA (and their respective sponsors, licensees, advertisers, broadcasters, designees, partners and agents) to use, publish, distribute and/or modify the Holder’s image, likeness, voice, actions and statements in any media, including in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation, and the Holder waives all claims and potential claims relating to such use unless prohibited by applicable law.
7. THE HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incidentto the Event and related events, including the risk of personal injury (including death), exposure to communicable diseases, viruses, bacteria or illnesses, or the causes thereof, or lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused, and hereby waives all claims and potential claims relating to such risks, hazards and dangers. NOVEL CORONAVIRUS SARS-COV-2 (TOGETHER WITH ANY VARIATION THEREOF, “COVID-19”) IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CDC ADVISES THAT SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. BY ENTERING THE ARENA, THE HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19. The Holder acknowledges and agrees to comply with the safety requirements put in place by FEI and/or the Arena, including any such policies and requirements described in the Additional Terms, and all applicable laws, policies, orders, protocols, and guidelines issued by federal, state, and local authorities respecting COVID-19 and other communicable diseases (collectively, “Safety Requirements”), and acknowledges and agrees that attendance at the Event is conditioned on such compliance.
8. FEI is not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor them. Tickets may not be used for, or in connection with, any form of commercial purposes including, without limitation, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming, without the prior, express written consent of FEI. Use of tickets in violation of law is strictly prohibited and will result in seizure, revocation and/or forfeiture of the license without refund.
9. Breach of any of these terms, failure to comply with Safety Requirements or FEI, Supercross, AMA, and/or the Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize FEI to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund or credit in each case, and subject the Holder to all legal remedies available to FEI, Supercross, AMA, and/or the Arena.
10. On behalf of the Holder and the Holder’s Related Persons (as defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (as defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. Holder understands that the foregoing release discharges the Released Parties from any and all liability or claims the Holder or Holder’s Related Persons may have against the Released Parties with respect to but not limited to bodily injury, personal injury, illness, death, property damage and any and all other liability that may arise out of or be attributable to Holder’s attendance at the Event, including but not limited to those claims that may be unknown to Holder, or which Holder does not suspect to exist at this time. On behalf of the Holder and Holder’s Related Persons, the Holder expressly waives all rights, benefits, and protections Holder or Holder’s Related Persons may have under California Civil Code Section 1542 (and any and all similar laws), which reads 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.
As used herein:
- “Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder or for whom the Holder has obtained an Event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.
- “Released Parties” means: (i) FEI, Supercross, AMA, and each of their respective direct and indirect owners, affiliates, riders and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third parties performing services at the Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, attorneys, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.
11. The Holder and the Holder’s belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of FEI, Supercross, AMA, and/or the Arena, and the Holder hereby consents to the foregoing and waives any related claims that might arise against FEI, Supercross, AMA, and/or the Arena. If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund or credit.
12. Except as specifically provided herein, if any provision of these terms or the Additional Terms is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
13. In the event of a conflict between any applicable ticket service provider’s terms and these terms and conditions, these terms and conditions will apply.