Q2 Stadium Ticket Policy and Waiver
Revocable License. This ticket is a revocable license that only grants the ticketholder a one-time entry to Q2 Stadium (the “Stadium”) and a spectator seat, or standing room, for the specified game (the “Event”). Dates and times of the Event are subject to change or cancellation. The ticket holder, on behalf of the holder and any accompanying minors (collectively, the "Holder"), agrees that admission is contingent on Holder’s agreement to the following terms and conditions, those available at www.mlssoccer.com/fan-code-of-conduct, and the MLS Spectator Waiver (collectively, the “Terms”); and by using this ticket to enter the Stadium, Holder is deemed to have read the Terms and agreed to be bound by them. Failure to comply with any of these Terms, shall result in forfeiture of this license and all rights arising hereunder without refund and shall entitle Management to pursue all additional legal remedies available to it. Admission may be refused or withdrawn or Holder ejected at the sole discretion of the Stadium, Major League Soccer, L.L.C. and its affiliates (“MLS”) or Austin FC and its affiliates (the “Club” and, collectively with the Stadium and MLS, “Management”).
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, or the game is not played for any reason, is a refund of up to the ticket price set by Management (the “Face Value”), unless otherwise provided below. For purposes of clarity, Holder will not be entitled to a refund if the Event is postponed, delayed, or rescheduled; rather, Holder’s ticket for such Event will be honored for the rescheduled or resumed Event. If the Event is cancelled and not rescheduled for any reason, except as provided by law or under any applicable season-ticket-membership terms and conditions, Management shall not issue a refund provided you are given the right, within twelve (12) months of the Event, to exchange this ticket for a ticket comparable in price and location to another similar event as designated by Management. IN NO EVENT SHALL MANAGEMENT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS TICKET SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN AUSTIN, TEXAS. THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. HOLDER AND MANAGEMENT EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. THE PREVAILING PARTY (AS DETERMINED BY THE ARBITRATOR) SHALL BE AWARDED ALL FILING FEES AND RELATED ADMINISTRATIVE COSTS. 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.
Security Procedures. Holder and Holder's belongings may be searched upon entering the Stadium and prohibited items may be confiscated at the sole discretion of Management. Holder consents to such searches and waives any and all claims relating to them. If Holder does not consent to such searches, Holder will be denied entry or ejected from the Stadium without refund. Further, Management reserves the right to refuse admission to or eject any person whose conduct, in Management’s sole discretion, violates these Terms, any applicable code of conduct, or is otherwise disorderly without refund. Inappropriate behavior or abusive language may result in ejection (without refund), forfeiture of season-ticket and/or future ticketing privileges, and/or legal action. Refund to Holder of the Face Value shall automatically terminate Holder’s rights hereunder.
No Broadcasting. Holder agrees not to film, record, create, transmit, display, distribute, exploit, misappropriate, or sell (or aid in such activity) any description or account (in any form, whether text, data, or visual, and including, without limitation, play-by-play data) of the Event, or any description thereof, by any means (including, without limitation, radio or television broadcasting, whether broadcast “live” or by means of film, tape, or other technology, including, but not limited to, camera and video-enabled cellular telephones) (collectively, the “Works”) for any commercial, non-personal, purpose. Notwithstanding the foregoing, Holder agrees that by using this ticket to enter the Stadium, Holder shall be deemed to have signed this ticket and granted MLS and the Club an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works.
Use of Image Holder grants to Management or any other sports league or conference or association, and/or any third-party event organizer hosting the Event at Stadium (and their designees, agents, and partners) an exclusive, worldwide, irrevocable, perpetual, sub-licensable, royalty-free right and license to use, publish, edit, and alter Holder’s image, likeness, voice, actions, and statements in any medium including, without limitation, live or recorded audio, video, social media and photographic display, exhibition, publication, reproduction or other transmission, in whole or in part, made of or at the Event at the Stadium in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. Holder waives all claims and potential claims relating to such use unless prohibited by law.
Assumption of Risk. HOLDER VOLUNTARILY ASSUMES ALL RISK, HAZARD, AND DANGER arising from or related to the Event, whether occurring before, during, or after the Event, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), the danger of physical injury or death, however caused, whether by projectiles (whether or not applicable to the event), players, participants, other patrons, game and other event equipment, or otherwise, the risk of lost, stolen or damaged property, and agree that Management, any sports league, and any other sports teams playing in Stadium, and other individuals producing, performing, or participating in the Event are not liable for any injuries attributable to such causes.
Redeemability Management is not responsible for, and may refuse to honor, any duplicate or duplicated, lost, stolen, destroyed, or counterfeit tickets. Use of this ticket in violation of any law including, without limitation, the unlawful resale or unlawful attempted resale of this ticket is strictly prohibited and will result in seizure, revocation and/or forfeiture of this license without refund or compensation. This ticket is not redeemable for cash and may not be used for, or in connection with, any commercial or trade purposes including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling, or gaming activities without the express written consent of Club and MLS.
Seating Changes. The Club reserves the right to temporarily or permanently relocate Holder’s seat during the Event for any reasonable purpose in the Club’s sole discretion, including but not limited to broadcast, safety, or security reasons, in which case the Club will make reasonable efforts to relocate Holder’s seats to comparable seats of similar or greater value.
COVID-19 Health Promise. In order to help mitigate the risk of transmission of the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) and other contagious illnesses, Holder agrees to the following:
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 14 days prior to the Event, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
- Within the 48 hours prior to the Event, 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 Centers for Disease Control and Prevention or Health Canada, as applicable);
- Within the 14 days prior to the Event, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) traveled 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 Block/Pod Integrity (if applicable). To help maintain any applicable social-distancing guidelines, Holder agrees that Holder will use his or her best efforts to not sell, transfer (if available), or otherwise provide any of Holder’s tickets to anyone other than family with whom Holder has been sheltering (or other trusted acquaintances), unless Holder is selling, transferring (if available), or otherwise providing all such tickets (i.e., Holder’s full block/pod of tickets) to one party.
MLS SPECTATOR WAIVER
PLEASE READ CAREFULLY BEFORE ACKNOWLEDGING YOUR CONSENT TO THESE TERMS. THIS ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT (THIS “AGREEMENT”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to enter and remain at Q2 Stadium, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the “Stadium”) for a home game or other event of Austin FC, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, and other persons acting or purporting to act on my or their behalf (collectively, “Related Persons”), hereby acknowledge and agree as follows:
- Acknowledgments of COVID-19 and Other Risks. I fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented from time to time by Two Oak Ventures LLC, Austin StadCo LLC (d/b/a Q2 Stadium), Austin TeamCo LLC (d/b/a Austin FC), Major League Soccer, L.L.C., the City of Austin, the respective subsidiaries and affiliates of each of the foregoing entities, and all of their respective direct and indirect, past, present and future officers, directors, members, managers, shareholders, partners, owners, agents, representatives, attorneys, employees, sponsors, licensees, contractors, successors, and assigns (collectively, the “Team Entities”) and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Stadium Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, family members, and other contacts; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO MY ENTRY INTO, AND PRESENCE IN, THE STADIUM, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES. I ACCEPT PERSONAL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITY, AND OTHER LOSSES THAT I OR ANY OF MY RELATED PERSONS MAY INCUR IN CONNECTION WITH THE FOREGOING RISKS.
- Release, Waiver of Liability, and Covenant Not to Sue. (A) ON BEHALF OF MYSELF AND EACH OF MY RELATED PERSONS, I HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASE, WAIVE, AND DISCHARGE (AND COVENANT NOT TO SUE), EACH AND ALL OF THE RELEASED PARTIES FROM (OR WITH RESPECT TO) ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION, AND CLAIMS FOR DAMAGES, WHETHER PAST, PRESENT, OR FUTURE, AND WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH MY DEATH, PERSONAL INJURY, ILLNESS, DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, WHICH I OR ANY OF MY RELATED PERSONS MAY HAVE OR HEREAFTER ACCRUE AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF OR THAT RELATE IN ANY WAY TO (I) MY EXPOSURE TO COVID-19; (II) MY TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE STADIUM OR COMPLIANCE WITH THE STADIUM PROTOCOLS OR ANY OTHER POLICIES OR PROTOCOLS APPLICABLE TO THE STADIUM; (III) ANY INTERACTION BETWEEN ME AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE STADIUM (INCLUDING, WITHOUT LIMITATION, ANY USHERS, TICKET-TAKERS, EVENT SECURITY, HEALTH AND SAFETY PERSONNEL, OR CLEANING, CONCESSIONS, OR PARKING PERSONNEL); OR (IV) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1, IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION, OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
(B) FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) MAJOR LEAGUE SOCCER, L.L.C. AND ITS AFFILIATES (“MLS”), SOCCER UNITED MARKETING, LLC (“SUM”), THE MEMBERS OF MLS AND EACH OF THE MLS TEAMS OPERATED BY THEM, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT AFFILIATES, MEMBERS, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, INVITEES, AND CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS), AND OTHER PERSONNEL (COLLECTIVELY, INCLUDING MLS, SUM, AND THE TEAM ENTITIES, THE “MLS PARTIES”); (II) THE DIRECT AND INDIRECT OWNERS, LESSEES, AND SUBLESSEES OF THE STADIUM; (III) CONCESSIONAIRES, MERCHANDISERS, OTHER VENDORS, AND ALL OTHER CONTRACTORS PERFORMING SERVICES AT THE STADIUM; (IV) OTHER THIRD PARTIES PRESENT AT OR FROM TIME TO TIME BROUGHT TO THE STADIUM (INCLUDING, WITHOUT LIMITATION, MEDICAL PERSONNEL); AND (V) 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.
- Indemnification. On behalf of myself and each of my Related Persons, I agree to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with (i) my presence at the Stadium, or the adjacent grounds or structures, (ii) the breach of this Agreement, or (iii) any illness, injury, or death for any reason due to exposure to COVID-19.
- Governing Law. I agree that this Agreement shall be governed by the laws of the State of Texas, without regard to choice-of-law principles.
- Arbitration Agreement. I agree that (a) any current or future claim, action, or proceeding between me and any of the Released Parties arising out of or relating to this Agreement, or my presence at the Stadium (collectively, the “Claims”), must be submitted for confidential, final, and binding arbitration to the American Arbitration Association (“AAA”) pursuant to the Federal Arbitration Act (“FAA”); (b) the FAA is applicable because the MLS Parties are engaged in transactions involving interstate commerce; (c) the arbitration shall proceed before a single arbitrator; (d) the arbitration shall be conducted in accordance with the applicable AAA rules and procedures; (e) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (f) the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law; (g) judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (h) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (i) any arbitration conducted pursuant to this Agreement shall take place in Austin, Texas.
- Class Action Waiver. I agree that all claims described in Section 4 must be pursued on an individual basis only. By signing this Agreement, I hereby waive my right to commence, or be a party to, any class or collective claims against the Released Parties.
- Severability. I agree that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
- Term. This Agreement is perpetual in nature and applies to all activities and events at the Stadium for which I am present for or participate in, and all Claims arising therefrom, from the date of execution.
I HAVE CAREFULLY READ AND VOLUNTARILY CONSENT TO THIS AGREEMENT; I understand its terms and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights and that by signing this Agreement, I will not be able to sue the Released Parties if I suffer any illness, injury, or death for any reason due to exposure to COVID-19; and I understand that it is a material inducement for my admission to and continued presence at the Stadium and that the MLS Parties and the other Released Parties are relying upon it; and, I further agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by any of the MLS Parties or other Released Parties.