IMPORTANT: YOUR ROGER DEAN CHEVROLET STADIUM EVENT TICKET IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT; THIS TICKET LIMITS USER’S LEGAL RIGHTS
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS AGREEMENT COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASED PARTIES (DEFINED BELOW) USE REASONABLE CARE IN PROVIDING THE EVENT (DEFINED BELOW), THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY ATTENDING THE EVENT BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE EVENT WHICH CANNOT BE AVOIDED OR ELIMINATED. BY ENTERING THE FACILITY (DEFINED BELOW) YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE EVENT. YOU HAVE THE RIGHT TO REFUSE THE TERMS AND CONDITIONS OF THIS AGREEMENT BY NOT PERMITTING YOUR CHILD ENTRY TO THE FACILITY.
(DATED: January 29, 2021)
1. Conditions of Admission
This ticket is a personal license, and, by using or conveying this ticket, Licensee (defined below) agrees to these Ticket Terms & Conditions (the “Agreement”). Licensee may also request a copy of the Agreement upon request at the box office at Roger Dean Chevrolet Stadium, 4751 Main St, Jupiter, Florida 33458 (the “Stadium”), by calling (561) 630-1828 or at www.rogerdeanchevroletstadium.com/ticketterms. This Agreement is made with Jupiter Stadium, Ltd. (JSL) d/b/a Roger Dean Chevrolet Stadium, and will control if there is any conflict with the terms contained on the ticket. As used in this Agreement, (a) “Holder” is a defined term for an adult with legal capacity who purchases or otherwise acquires this ticket for personal use or for use of a Minor (defined below) or any other individual in accordance with this Agreement, (b) “Minor” is a defined term for, inclusively, one or more individuals under the age of eighteen (18) and any other individual without legal capacity for whom Holder retains a ticket or for whom the Holder provides the ticket for use, and (c) “Licensee” is a defined term, for, as applicable, Holder, on behalf of Holder or a Minor, and/or any other individual who is admitted to the Venue upon presentation and retention of this ticket.
Licensee is admitted to the Stadium or other applicable venue to which the ticket provides access, including their respective surrounding grounds and parking areas (collectively, the “Venue”) for the game, tour, performance or other event for which the ticket grants Licensee admission (as applicable, the “Event”) on condition of Licensee’s agreement to the terms of the Agreement.
Licensee agrees: (a) not to transmit or aid in transmitting, in any media, any information about all or any part of the Event, including, but not limited to, any account, description, photographs, images, video, audio, livestream, reproduction, or other information (including play-by-play data or any statistical data), whether text, data, or visual, concerning the Event (collectively, the “Event Information”), (b) JSL, Marlins Teamco LLC and its affiliates (the “Marlins”), St. Louis Cardinals, LLC, and its affiliates (the “Cardinals”), and each of their respective past, present, and future subsidiaries, affiliates, agents, officers, employees, and owners (collectively, with the Cardinals and Marlins, the “Event Hosts”) are the exclusive owners of all intellectual property rights to the Event and the Event Information, and (c) Event Hosts, the MLB Entities (defined below), and each of their respective designees, have the unrestricted right and license to use Licensee’s image, voice, likeness, name, comments, and/or any other proprietary or public rights in any live or recorded broadcast, telecast, video, photograph, image, depiction, audio, audiovisual and/or other recording made in connection with any portion of the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation, for any purpose whatsoever, including commercial and promotional purposes, including, but not limited to, any rights created or recognized by Florida Statutes §540.08. The rights granted herein to any of Event Hosts and/or MLB Entities are assignable. Holder is subject to any rules and policies which are posted at www.rogerdeanchevroletstadium.com.
The Event Hosts reserve the right to reassign or, as applicable, relocate the Licensee, from the seating location stated on or otherwise applicable to the ticket to an alternate location if and when, in the Event Hosts’ sole discretion, any such modification to the license under this Agreement is necessary or appropriate for purposes of access and control of the Venue, health, safety or security of the occupants of the Venue, management of the Event, or as required to comply with applicable laws, regulations, and protocols, or requirements of the MLB Entities (defined below) in connection with the Venue and/or the Event.
The Event Hosts are intended beneficiaries of this Agreement, and may, as they deem necessary, directly exercise and/or enforce all rights, claims, defenses and/or any other action otherwise available to JSL in accordance with this Agreement as if Event Hosts were parties hereto.
2. Cause for Revocation of License
This ticket is a revocable license, and only grants entry into the Venue and a spectator seat, club area, or standing room (as applicable) for the Event. The Event Hosts reserve the right to revoke the license granted by this ticket at any time, and any revocation will be in the Event Hosts’ sole and exclusive discretion. Admission may be refused or Licensee may be ejected in the sole discretion of Event Hosts, subject to a refund of the price originally paid to Event Hosts or other host of the Event for this ticket, or without a refund if Licensee (a) fails to comply with any applicable law, (b) acts in an improper, disorderly, or unbecoming manner, including without limitation, uses vulgar or abusive language, or engages in conduct deemed by the Event Hosts to be improper, disorderly or unbecoming, (c) is or appears to be intoxicated, (d) does not present a valid ticket upon request, or (e) fails to meet or comply with the terms of the Agreement or any rules applicable to the Venue.
ENTERING THE PLAYING FIELD, DISRUPTING AN EVENT, AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH AN EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. ALL TOBACCO USE AND VAPING OF ANY KIND IS PROHIBITED.
3. Inspection Policy; Consent to Search
Licensee and Licensee’s belongings may be searched, whether by walk-through metal detection, handheld metal detection, bag checks, or otherwise, upon entry into the Venue or at any time while on the Venue premises, and any item or object prohibited by Venue rules or that the Event Hosts consider potentially dangerous, hazardous, inappropriate, and/or injurious to other patrons (collectively, “Prohibited Items”) may be confiscated. By tendering this ticket, Licensee consents to such search and screenings and waives any related claims that Licensee may have against the Event Hosts. If the Licensee does not consent to such search and screenings, Licensee will be refused admission or ejected from the Venue.
4. COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses
This section is an acknowledgement and express assumption of risk and release of liability in any way related to or arising from being exposed to or contracting, in or around any part of the Venue, the coronavirus that causes COVID-19 (SARS-CoV-2) or other Communicable Disease (defined below). By presenting this ticket for admission to the Event, Licensee is acknowledging and confirming, on their behalf and on behalf of any Accompanying Party (defined below), both now and in the future, that Licensee understands and expressly assumes the risk that Licensee or any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. “Accompanying Party” is a defined term for any party for whom Holder obtains and/or retains a ticket to attend the Event and for whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms.
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. LICENSEE, ON LICENSEE’S BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTY, AGREES TO (a) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (b) COMPLY WITH ALL RELATED HEALTH AND SAFETY POLICIES OF THE EVENT HOSTS AND THE VENUE.
Licensee, on Licensee’s behalf and on behalf of any Accompanying Party, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Event Hosts and/or the Venue, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety , currently available at www.rogerdeanchevroletstadium.com/health-and-safety-policies (collectively, “Health and Safety Policies”), all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this ticket and the Event date, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
Event Hosts and any of their respective designees have the right to deny admission to or eject any person who the Event Hosts or such designees determine, in their sole discretion, poses a risk to the health or safety of others and/or whose conduct violates Health and Safety Policies. Licensee assumes all risk of not being admitted to the Venue as a result of a violation of Health and Safety Policies, despite presenting an otherwise valid ticket.
5. Fan Health Promise
Licensee acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Licensee and/or any Accompanying Party may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Licensee agrees that neither Licensee nor any Accompanying Party will attend the Event if within fourteen (14) days preceding the Event, they have:
(1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
(2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
6. Resale Terms and Pod Integrity
Licensee, on their behalf and on behalf of any Accompanying Party, agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including, without limitation, (1) terms that mandate or prescribe the quantity of tickets available to be purchased, (2) additional requirements regarding any Accompanying Party, and (3) terms regarding the resale or transfer of tickets.
7. ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Licensee acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Venue. By using this ticket, Licensee is acknowledging and confirming, both now and in the future, that Licensee understands and expressly assumes the risk that Licensee and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Licensee expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Licensee further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Licensee or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Licensee’s decision to use this ticket that cannot be eliminated.
8. RELEASE OF LIABILITY AND COVENANT NOT TO SUE
Licensee, on behalf of Licensee, any Accompanying Party, and any of their respective Related Persons (defined below), waives, releases, discharges, holds harmless, and covenants not to sue the Released Parties (defined below) with respect to any claim, liability or demand of whatever kind or nature, either in law or in equity, that may arise in connection with, or relate in any way to (a) use of this ticket, (b) presence at the Venue or (c) participation in the Event or any related activities arranged, promoted and/or sponsored by the Released Parties, including, without limitation, those claims that arise as a result of: (1) in whole or in part, the sole, joint, or comparative negligence, or strict liability, of the Released Parties, and/or, (2) the inherent risks associated with visiting the Venue, including, without limitation (X) all claims for personal injuries, wrongful death or exposure to or contraction of COVID-19 or other Communicable Disease by Licensee, any Accompanying Party, or other individuals exposed to COVID-19 or other Communicable Disease by Licensee or any Accompanying Party; and (Y) all claims in connection with the application of any Health and Safety Policies to Licensee or any Accompanying Party (collectively, “Released Claims”). “MLB Entities” is a defined term for, collectively, all Major League Baseball clubs (the “Clubs”), MLB Advanced Media, L.P., the Office of the Major League Commissioner (BOC), Major League Baseball Properties, Inc., the MLB Network, LLC, and each of their respective parent, subsidiary, affiliated and released entities, any entity which now, or in the future, controls, is controlled by, or is under common control of the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. “Related Persons” is a defined term for Licensee’s and Accompanying Party’s respective personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on Licensee’s or any Accompanying Party’s behalf. “Released Parties” is a defined term for (a) JSL and JS Stadium, Inc., (b) the Cardinals and the Cardinals’ past, present and future officers, members, agents, employees, licensees, contractors, sponsors, and vendors, and all of their successors and assigns, (c) the Marlins, Marlins Funding LLC, Marlins Holdings LLC, and each of their past, present and future officers, members, agents, employees, licensees, contractors, sponsors, and vendors, and all of their successors and assigns, (d) Jupiter Hammerheads Baseball Club, Inc., Palm Beach Cardinals, LLC, and each of their respective past, present and future officers, members, agents, employees, licensees, contractors, sponsors, and vendors, and all of their successors and assigns, (e) all other MLB Entities, (f) Minor League Baseball and all member clubs, (g) the ticket manufacturer or provider of this ticket, (h) Palm Beach County, and (i) 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 (i), collectively).
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.
9. GENERAL WAIVER AND RELEASE OF LIABILITY
Licensee recognizes that attendance of Licensee at the Event is voluntary and may result in personal injury (including death) and/or property damage and agrees to stay alert and remain aware of game play and surroundings. By using this ticket or by attending, observing or participating in the Event, Licensee acknowledges and assumes all risk and dangers incidental to the game of baseball or otherwise to the Event, whether occurring prior to, during or subsequent to the Event, including the risks of lost, stolen or damaged property, personal injury or death. Such risks being assumed by Licensee specifically include the risk of injury being a spectator before, during, and after an Event (including all warm-ups, practices, pre-game, post-game, and between-inning activities, promotions, and competitions) by thrown bats, bat fragments, thrown or batted balls, thrown, dropped or launched items, projectiles or other hazards or distractions, animals, incidents or accidents or transmission of disease associated with crowds of people or the negligence or misconduct of other individuals.
Licensee 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 Licensee 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 Licensee from the Event appear.
BY ENTERING THE VENUE AND/OR ATTENDING THE EVENT, LICENSEE IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE GRANTS OF RIGHTS, RELEASES AND WAIVERS AND AGREED TO ASSUME RESPONSIBILITIES SET FORTH IN THIS AGREEMENT ON BEHALF OF ANY MINOR, INCLUDING, WITHOUT LIMITATION, GENERALLY, AS SET FORTH IN THIS SECTION 9, AND, IN CONNECTION WITH COMMUNICABLE DISEASE AS SET FORTH IN SECTIONS 4, 5, 6, 7 AND 8 HEREOF. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS AND ASSUME RESPONSIBILITIES ON BEHALF OF THE MINOR, HOLDER MAY NOT PERMIT THE MINOR TO ENTER THE VENUE OR ATTEND THE EVENT AND/OR SHOULD IMMEDIATELY CAUSE THE MINOR TO LEAVE THE EVENT.
Licensee must 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) Licensee’s attendance at, observation of, and/or participation in the Event; (ii) Licensee’s acts or omissions; or (iii) Licensee’s breach of any of the terms, conditions, or representations made in the Agreement.
10. Consent to Medical Transit and Treatment and Assumption of Responsibility for Costs
If Licensee suffers any illness or personal injury in connection with the Event, Licensee authorizes the Released Parties to use their discretion as to whether or not Licensee should be transported to an on-site first aid station or off-site medical facility for examination, x-ray, anesthetic, medical, surgical or dental diagnosis or treatment and hospital care (collectively, “Medical Care”). Licensee hereby accepts full responsibility for all costs and expenses associated with any such transportation and/or Medical Care administered to Licensee and releases the Released Parties from any and all liability associated with any such transportation and Medical Care.
11. Prohibition Against Commercial Use
This ticket may not be used for any commercial, promotional, or trade purposes (including door prizes, contests, promotions or sweepstakes) without the prior expressed written consent of Event Hosts. This ticket may not be resold or offered for resale on the Venue premises. Any person violating this provision may be subject to prosecution. No offer to resell or for resale of this ticket is permitted to the extent prohibited by any applicable federal, state, or local law or regulation. Any use of this ticket for commercial purpose or improper offer or completed resale referenced above will invalidate the license granted by this ticket and the holder of any such ticket will be refused entry or removed from the Venue.
12. No Refunds or Exchanges
Except as expressly provided in this Agreement: (a) the Licensee will not be entitled to any refund, including the amount paid for the ticket or other amount referenced on the face of the ticket, and (b) the Licensee will not be entitled to exchange the ticket for any other Event.
THE EVENT HOSTS ARE NOT RESPONSIBLE FOR LOST, STOLEN, OR DUPLICATED TICKETS.
13. Postponement/Cancellation Policy
ALL EVENT TIMES ARE SUBJECT TO CHANGE.
If the Event is canceled or postponed due to rain, other inclement weather conditions or any other reason, or the Event proceeds under circumstances by which the seating capacity of the Venue is reduced, this ticket will be subject to Event Hosts’ announced policy for the Event. Licensee must retain the ticket until the Event Hosts announce the policy for the Event, which may be through the media or rogerdeanchevroletstadium.com. When the Event is a Major League Baseball or Minor League Baseball game, should the game progress to or beyond a point of play constituting a regulation game, no refunds will be issued. Otherwise, refunds for abbreviated Events will be issued only in accordance with the Event Hosts’ announced policy for the Event.
When the applicable ticket policy includes a refund, in no event will the Event Hosts issue a refund that exceeds the original ticket price paid to the Event Host. The Event Hosts reserve the right to issue any and all refunds to the direct purchaser of the ticket from the Event Hosts (the “Original Holder”), even if the Original Holder is not the present Licensee. If the Original Holder purchased the ticket as part of a full or partial season ticket package or any other package, the refund will be calculated on the basis of average ticket price of the applicable package paid by the Original Holder. Unless expressly provided otherwise in an applicable Event refund policy, the Event Hosts will not be responsible for refunds to Licensees who are not the Original Holder.
14. Mandatory Arbitration Agreement and Class Action Waiver
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION FOR DISPUTES IN CONNECTION WITH THE EVENT OR THE AGREEMENT (the “Arbitration Agreement”).
If the Licensee has any problem with this ticket and/or the Event, Licensee should first contact the Stadium customer service team at (561) 775-1818 to attempt to resolve the matter quickly and amicably. Any dispute not resolved informally in such a manner must be resolved in accordance with this Arbitration Agreement.
Unless prohibited by federal law, Licensee and the JSL agree to arbitrate, through binding arbitration, the following in accordance with this Arbitration Agreement (collectively, “Arbitration Claims”): (a) all claims or disputes relating in any way to (i) the Agreement, (ii) Licensee’s purchase or use of this ticket, (iii) Licensee’s participation in, attendance at, and/or observation of the Event, including, without limitation, claims of bodily injury, death, or property damage arising out of Licensee’s presence on or about the Venue or attendance at the Event, and (iv) the validity, scope or enforceability of this Arbitration Agreement, and (b) any and all claims against any of the Released Parties or in connection with any Released Claim; provided, however, Arbitration Claims may not include claims arising out of any other written agreement executed by the Licensee and the JSL, including, without limitation, ticket consignment agreements, group sales agreements and/or sponsorship agreements. This Arbitration Agreement involves interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. ch. 1 (“FAA”), and not by state law.
In connection with any Arbitration Claim to be resolved by arbitration hereunder, neither Licensee nor the JSL will be able to have a court or jury trial decide any such Arbitration Claims or participate in a class action or class arbitration relating to such Arbitration Claims. Other rights that Licensee and the JSL would have in court will not be available or will be more limited in arbitration, including the right to appeal. Licensee and the JSL each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH PARTY IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND ALL DISPUTES MUST 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 subject to this Arbitration Agreement will be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. Licensee may obtain information about arbitration, arbitration procedures, and fees from JAMS by calling (800) 352-5267 or visiting www.jamsadr.com. If JAMS 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 or that is appointed pursuant to Section 5 of the FAA. The arbitration will take place in Miami, Florida. The arbitration will be presided over by a single arbitrator, who will be selected in accordance with the rules that, as specified above, will govern the arbitration. The arbitrator will be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Licensee and the Event Hosts alone, except as otherwise specifically stated herein. The arbitrator will award the costs and fees of the arbitration, including reasonable attorney and expert witness fees, to the prevailing party. The arbitrator’s decision will be final and binding. This Arbitration Agreement will take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The Event Hosts will be responsible for paying all arbitration fees other than the amount of filing fees Licensee would have incurred in the state or federal court where the Event took place. Notwithstanding any other provision herein: (a) Licensee must seek relief for Arbitration Claims in the Small Claims Court of the Palm Beach County Civil Court, State of Florida (the “Small Claims Court”), for Arbitration Claims that otherwise meet the jurisdictional requirements of the Small Claims Court, (b) Licensee and the JSL each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so, (c) if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement will be void, and (d) any Released Party subject to an Arbitration Claim by Licensee may elect to opt out of any proceeding in accordance with this Arbitration Agreement as to claims against such Released Party in the sole discussion of the applicable Released Party. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, 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 Event. You must send your request to: Jupiter Stadium, Ltd., c/o Miami Marlins, Attn: Legal Department, Re: Roger Dean Chevrolet Stadium Ticket Arbitration, 501 Marlins Way, Miami, FL 33125. The request must include your full name, address, account number, and the statement, “I reject the Arbitration Agreement contained in my Roger Dean Chevrolet Stadium Ticket.” 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 must give the other party or parties written notice of the Arbitration Claim (“Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to the JSL must be sent by mail to Jupiter Stadium, Ltd., c/o Miami Marlins, Attn: Legal Department, Re: Roger Dean Chevrolet Stadium Ticket Arbitration, 501 Marlins Way, Miami, FL 33125. Any Claim Notice must: (a) identify the persons making the claim and, if applicable, the parent or guardian of any such person (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.
HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY MINOR 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, HOLDER MAY NOT PERMIT THE MINOR TO ATTEND THE EVENT AND/OR IMMEDIATELY CAUSE THE MINOR TO LEAVE THE EVENT.
JSL reserves the right to and may change the terms of the Agreement at any time, without notice, prior to the Event, and Licensee’s use of this ticket after such change is posted will mean that Licensee accepts such change(s). Licensee will be solely responsible for reading and understanding the Agreement before using this ticket.
The Agreement is governed by the laws of the State of Florida, except the agreement to arbitrate, which is governed by the FAA. The parties stipulate that all claims and disputes between the parties not resolved in accordance with the Arbitration Agreement is exclusively subject to adjudication in a court located in the Palm Beach County, Florida, including, without limitation, claims to enforce the Arbitration Agreement or any relief granted to a party pursuant to the Arbitration Agreement or in accordance with the FAA. Except as otherwise provided hereunder, in the event any provision of this Agreement or the application of any such provision is held to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and all previous agreements, discussions, communications and correspondence are superseded by the execution hereof.
IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF INJURY; NO RE-ENTRY UPON EXIT; THIS TICKET LIMITS USER’S LEGAL RIGHTS