TERMS AND CONDITIONS
Tickets to Indy Eleven (“Club”) games at Michael A. Carroll Stadium are revocable licenses that only grant a one-time entry into the stadium and a seat, or a standing location, for the specified game (the “Event”) with no right of re-entry. The person with this ticket or these tickets, and any accompanying minors (“Holder”), are bound by these terms and conditions (“Terms”). Failure to comply with any of these Terms may result in forfeiture of such license without refund, and shall entitle the United Soccer League (“USL”) and Club (individually or collectively, “Management”) to pursue all legal remedies available. Admission may be refused or revoked and Holder may be ejected in the sole discretion of Management.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES WILL BE PERMITTED, EXCEPT AS MANDATED BY LAW. IN NO EVENT SHALL MANAGEMENT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF THE FACE VALUE FOR THIS TICKET OR THESE TICKETS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THIS TICKET OR THESE TICKETS OR THE GAME SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN INDIANAPOLIS, INDIANA. HOLDER AND MANAGEMENT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
The date, time, and gate-opening of the Event are subject to change by Management in its sole discretion, and no such change shall entitle Holder to a refund or any other remedy if Holder cannot attend or for any other reason. Holder may be relocated in the sole discretion of Management, and no such relocation shall entitle Holder to a refund or any other remedy if Holder is relocated to a seat of comparable Face Value.
Holder must comply with all Club and stadium policies, including without limitation any security and fan conduct policies, health and safety policies and assessments, and any applicable bag policies. Holder and Holder’s belongings may be searched or assessed prior to or upon entry into the stadium. Prohibited items may be confiscated and Holder may be denied admission or have his or her admission revoked at any time at the sole discretion of Management. Holder consents to such searches and assessments and waives all claims relating to them. If Holder does not consent to such searches and assessments, Holder may be denied admission to or ejected from the Event without refund. Management may deny admission to or eject any person who Management, in its sole discretion, determines poses a risk to the health and safety of other attendees or whose conduct violates these Terms, any applicable code of conduct, or is otherwise disorderly (or complicit in such conduct) without refund.
Holder will not create, transmit, display, distribute, exploit, misappropriate, or sell (or aid in such activity) (1) in any form, any description or account (whether text, data, or visual, and including, play-by-play data) of the Event or related events (collectively, the “Descriptive Data”) for any commercial or non-personal, purpose; (2) any photographs, images, videos, audio or other form of display or public performance or reproduction of any portion of the Event or related events (the “Works”) for any commercial or non-personal purpose; or (3) livestreams of any portion of the Event or related events (the “Livestreams”). Notwithstanding the foregoing, Holder agrees that by causing his or her ticket to be scanned upon entry to the stadium, Holder shall be deemed to have signed this ticket or these tickets and granted the USL an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works, the Livestreams, and, to the extent permitted by law, the Descriptive Data. Holder also grants irrevocable permission to the USL, Club, and their respective sponsors, licensees, advertisers, broadcasters, designees, and agents to use, publish, distribute, edit, modify, and alter Holder’s image, likeness, voice, actions, and statements in any medium including, without limitation, any audio, video, film, photographs, social media, transmission, publication, or reproduction of the Event for any purpose without further authorization or compensation, and waives all claims and potential claims relating to such use unless prohibited by law.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS, AND DANGERS incident to the Event and related events – including but not limited to the Honda Fun Zone, IUPUI parking lots and other associated game day event areas – including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses or the causes thereof, sickness, 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. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS MAY BE ESPECIALLY VULNERABLE.
BY ENTERING THE STADIUM AND STADIUM GROUNDS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19. Management is not responsible for lost, stolen, destroyed, duplicated, or counterfeit tickets and may refuse to honor such tickets. Further, this ticket may not be used for, or in connection with, any form of commercial or trade purposes without the express written consent of Club and the USL. Use of tickets in violation of any law is strictly prohibited and may result in seizure, revocation, and forfeiture of this license without refund.
RELEASE, WAIVER & COVENANT NOT TO SUE
On behalf of Holder and Holder’s Related Persons (defined below), Holder releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that Holder or any of Holder’s Related Persons may have (or hereafter accrue), against any of the Released Parties, that relate to any of the risks, hazards, and dangers described above, including without limitation any and all claims that arise out of or relate in any way to (i) Holder’s exposure to COVID-19; (ii) Holder’s entry into, or presence within or around, the Event (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Event; or (iii) any interaction between Holder and any personnel of any of the Released Parties present at the Event, in each case whether caused by any action, inaction, or negligence of any Released Party or otherwise.
As used herein:
- “Related Persons” means Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of this release), and other persons acting or purporting to act on Holder’s or their behalf.
- “Released Parties” means: (i) Club, United Soccer League and its other professional member clubs, and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and all employees of such contractors) and other personnel; (ii) all third parties performing services at the Stadium; and (iii) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.
COVID-19 HEALTH PROTOCOLS
Stay-at-home: Holder agrees that neither Holder, nor anyone in Holder’s party, will attend any Event if any one or more of the following is true on the day of such Event:
- Within the prior 14 days, Holder has (or any person in Holder’s party or with whom Holder has close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
- Within the prior 48 hours, Holder has (or any person in Holder’s party or with whom Holder has close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue, or any other symptoms associated with COVID-19 identified by the CDC);
- Within the prior 14 days, Holder has (or any person in Holder’s party or with whom Holder has close contact has) travelled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
Ticket Pod Integrity: To help maintain social distancing guidelines, Holder agrees that Holder will not sell, transfer or otherwise provide any of Holder’s Event tickets to anyone other than family with whom Holder has been sheltering (or other trusted acquaintances), unless Holder is selling, transferring or otherwise providing all such tickets (i.e., Holder’s full pod of tickets) to one party.