IMPORTANT: A PLL GAME TICKET IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF INJURY; A PLL TICKET LIMITS USER’S LEGAL RIGHTS
By using a PLL ticket, ticket holder (“Holder”), on his/her own behalf and on behalf of any minor accompanying Holder to the Game (as defined below) (“Minor(s)”), agrees to the following terms and conditions (the “Agreement”) which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. This Agreement shall be governed by the laws of the State of New York, without regard to applicable conflicts of laws provisions or the principles of comity. Premier Lacrosse League, Inc. (the “PLL”) may change the terms of the Agreement at any time, without notice, and Holder’s use of a PLL ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using a PLL ticket and/or those of Minor(s):
Holder (i) consents to allowing the PLL to inspect Holder’s and/or Minor(s)’ person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks or otherwise, and (ii) acknowledges and agrees that Holder and/or Minor(s) may be denied entry to or ejected from the Game if Holder and/or Minor(s) is/are in possession of any item or object that the PLL considers potentially dangerous, hazardous, inappropriate and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder and/or Minor(s) and waives any claims that Holder and/or Minor(s) might have against the “Released Parties” (as defined herein). Holder acknowledges that the PLL has no liability for Holder’s and/or Minor(s)’ person or property.
The PLL reserves the right to terminate the license granted by a PLL ticket and/or those of Minor(s) by tendering to Holder the purchase price printed on the PLL ticket and/or those of Minor(s). Further, the PLL reserves the right, without refund of any portion of the purchase price, to revoke the license granted by a PLL ticket and/or those of Minor(s) and refuse admission or eject any person (a) who violates the terms of the Agreement; (b) who appears to be or is intoxicated; (c) whose conduct is deemed by the PLL to be improper, disorderly or unbecoming; or (d) who uses vulgar or abusive language. All applicable federal, state, and local laws shall apply and will be strictly enforced at the host venue (“Venue”), by police and/or the PLL. Failure of Holder to obey an instruction, direction, or request of Venue or PLL signage and/or staff or a violation of this Agreement may result in expulsion of Holder from Venue. In no event shall the PLL be liable for any special, consequential, incidental, indirect or exemplary damages of any kind, including, without limitation, any amount paid in excess of face value to a third party for a PLL ticket. In no event will a refund or other remedy be provided if Holder is ejected or refused entry due to disorderly conduct or failure to comply with the Agreement or any security policies prior to or following entry.
Holder agrees that: (a) neither Holder nor Minor(s) will transmit or aid in transmitting any information about the game to which a PLL ticket grants admission 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”) including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Game (collectively, the “Game Information”); (b) the PLL is the exclusive owner of all copyrights and other proprietary rights in the Game and the Game Information; and (c) the PLL and each of its respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners and certain current and future sponsors and licensees of the PLL will have the unrestricted right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of Minor(s) in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Game or other transmission, distribution, public performance, or reproduction in whole or in part of the Game, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation. The rights granted herein to the PLL are assignable.
ALL GAME TIMES ARE SUBJECT TO CHANGE BY THE PLL IN ACCORDANCE WITH ITS SCHEDULING POLICIES OR AS A RESULT OF FORCE MAJEURE EVENTS, TELEVISION SCHEDULING, AND ANY OTHER ACTIONS OR EVENTS BEYOND THE PLL’S CONTROL. THE PLL IS NOT RESPONSIBLE FOR LOST, STOLEN OR DUPLICATED TICKETS. NO REFUND OR OTHER REMEDY WILL BE PROVIDED IF TICKET HOLDER CANNOT ATTEND.
Holder assumes all risk associated with the purchase of a PLL ticket and/or those of Minor(s) from anyone other than the PLL or its designated agents. Neither your PLL ticket nor those of Minor(s) may be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the PLL. No offer to resell or resale of a PLL ticket and/or those of Minor(s) is permitted to the extent prohibited by any applicable federal, state or local law or regulation. Any resale referenced above will invalidate the license granted by a PLL ticket and/or those of Minor(s). Neither a PLL ticket nor those of Minor(s) may be resold or offered for resale inside the Venue, and any person who sells or offers a PLL ticket and/or those of Minor(s) for resale at any price inside the Venue will be removed from the premises and may be prosecuted.
If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
WAIVER AND RELEASE OF LIABILITY
Holder recognizes that attendance of Holder and Minor(s) at the Game is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of his/her surroundings and the surroundings of Minor(s). By using a PLL ticket or by attending, observing or participating in the Game, Holder, on behalf of himself/herself and Minor(s), acknowledges and assumes all risks and dangers associated with Holder and/or Minor(s): (i) being a spectator before, during, and after a lacrosse game (including all warm-ups, practices, pre-game, post-game and between-period activities, promotions and competitions), and (ii) attending, observing or participating in the Game, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by thrown sticks; stick fragments; thrown or deflected balls; thrown, dropped, or launched items (promotional/giveaway items or otherwise); projectiles; persons; animals; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators.
If Holder is concerned with his/her (or Minor’s) seat location, and subject to availability, Holder may be relocated to an alternative seat location at the sole discretion of the PLL, and no such relocation shall entitle Holder to a refund or any other remedy if ticket holder is relocated to a seat of reasonably comparable face value. Holder agrees that: (a) the PLL, (b) the PLL’s past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (c) all other the PLL-related entities, (d) the Venue and the owners and/or operators thereof, (e) any local or state governmental body associated with the Venue, (f) the ticket manufacturer and/or provider, and (g) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities (subsections (a) through (g), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of Holder’s and/or Minor(s)’: (x) participation in, attendance at, and/or observation of the Game and/or (y) the negligence of any of the Released Parties (collectively, the “Released Claims”). Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims which Holder and/or Minor(s) has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder or Minor(s) from the Game appear.
BY ATTENDING AND/OR PARTICIPATING IN THE GAME, HOLDER, ON HIS/HER OWN BEHALF AND ON BEHALF OF MINOR(S), IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE GAME, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE VENUE WITH THE MINOR(S).
Holder will indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder’s and/or Minor(s)’ attendance at, observation of, and/or participation in the Game, (ii) Holder’s and/or Minor(s)’ acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.
ENTERING THE PLAYING FIELD, DISRUPTING A GAME AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH A GAME PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
The PLL cares deeply about maintaining good relationships with fans. If you have a problem with your ticket and/or those of Minor(s) or the Game, contact with a PLL representative may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Holder and the PLL agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or use of a PLL ticket and/or those of Minor(s), Holder’s and/or Minor’s participation in, attendance at, and/or observation of the Game, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Holder’s and/or Minor(s)’ attendance at and/or participation in the Game (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
In any Arbitration Claim to be resolved by arbitration, neither Holder nor the PLL will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the PLL would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the PLL each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its then-existing commercial arbitration rules. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing. The arbitration shall take place in New York, New York. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the PLL alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, Minor(s) and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The PLL and Holder will be equally responsible for paying all arbitration fees Notwithstanding any other provision of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Game, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Game. You must send your request to: Premier Lacrosse League, Inc., Attn: Legal Department, Re: Ticket Terms and Conditions Arbitration, 222 Pacific Coast Highway, Suite 1310, El Segundo, CA 90425. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Ticket Terms and Conditions.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.
Prior to bringing a claim under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to the PLL shall be sent by mail to Premier Lacrosse League, Inc., Attn: Legal Department, Re: Ticket Arbitration Claim Notice, 222 Pacific Coast Highway, Suite 1310, El Segundo, CA 90425. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.
IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE GAME, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE VENUE WITH THE MINOR(S).
- Retain possession of a PLL ticket until the Game has been played. A PLL ticket cannot be replaced if lost, stolen or destroyed.
- A PLL ticket is good only for this particular Game and no part of the purchase price will be refunded by reason of the failure of Holder to use it for this Game.
- Opponent, team rosters, and lineups are subject to change.
- Smoking at the host Venue is restricted to designated locations.
- Children under the age of two (2) do not need a ticket.
- Use, operation, deployment, or monitoring of any aerial vehicle, including, but not limited to, any fixed wing, rotoaircraft, drone, rocket, powered balloons, ultralights, or model aircraft, regardless of whether controlled by line of sight, radio frequency, tethers, or any other means, is prohibited at any time at or near the Venue or its environs. Violators may be subject to prosecution and fines for violations of FAA-regulated airspace restrictions. Any recording, photograph, video, or other content related to an event at the Venue obtained through the use of such aerial vehicles is prohibited and is subject to confiscation.