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The following Terms & Conditions for use (this "Agreement") describes the terms and conditions under which the services of this FanCaveTickets.com website (this "Website") are provided. By accessing this Website and using any service provided by this Website, including but not limited to viewing any of its content or purchasing any ticket or merchandise, or utilization of any resources, information, content, materials and results or output derived from such services or products on the Website, you expressly agree to be bound by this Agreement, including the terms of our Privacy Policy, and all applicable laws and regulations governing the use of this Website. We suggest that you access and become familiar with these pages, including but not limited to our Privacy Policy and Our Policy regarding ticket purchases, as you read this Agreement. If you do not agree with this Agreement, Privacy Policy, or Policy regarding ticket purchases, then you are not authorized to use the Website.
FanCaveTickets.com may revise and update these Terms & Conditions from time to time without notification to its users. Accordingly, we encourage our users to regularly check this Agreement for changes.
1. Introduction
This Agreement, and use of the website, is an online service provided by FanCaveTickets.com, a Michigan company (sometimes referred to herein as the "Company", "we" or "our") with a principal place of business in Michigan. The website consists of ticketing services, which may include facilitation of the purchase or sale of tickets to live events, access to other ticket resources, and related content provided by the Company and by third parties. FanCaveTickets.com is a secondary seller of tickets and the prices of the tickets sold on this Website may be at, above, or below face value of the actual event tickets.
This Website is subject to the terms and restrictions contained herein and is for private personal use by consumers only ("Users"). Any other use or attempt to use this Website, or any of the services provided through this Website for commercial purposes, directly or indirectly, by you or by a third party is strictly prohibited.
2. Changes in Terms and Conditions
The Company reserves the right to modify, suspend, or discontinue any aspect or feature of this Website, or this Agreement at any time. This includes but is not limited to, the right to change or discontinue any service provided by the Company, content displayed on this Website, hours of availability, and equipment needed for access or to use this Website, at any time. FanCaveTickets.com shall not be liable to you or any third party for any modification, suspension, or discontinuance. The failure of FanCaveTickets.com to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. Unless expressly stated otherwise, any new features that augment or enhance the current services provided though this Website also will be subject to the provisions of this Agreement.
3. Permitted Use of This Website
This Website is the property of FanCaveTickets.com and your access to this Website is with our permission. Any unauthorized access or use will be, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Website, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies.
4. Prohibited Use of this Website
You are prohibited from doing any act that has the effect of undermining the integrity of our system, this Website, our services and the method by which we provide our services to users.
As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:
a. Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Website;
b. Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Website for any other purpose, including but not limited to purchasing tickets;
c. Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Website, its hardware and connections, or prohibits, denies or delays access to this Website by others;
d. Purchase tickets to any event offered through this Website for the purposes of reselling those tickets, except as permitted by applicable law. If we determine that you are purchasing an irregularly large number of tickets to an event or multiple events, we will presume that you are purchasing such tickets for resale purposes and at our sole election, we will cancel your transaction(s) and restrict your access to this Website;
e. Download or copy any content displayed on this Website for purposes other than preserving information for your personal use;
f. Establish any deep link or other connection to any specific page or pages of this Website other than the home page, without Company's prior written permission;
g. Deploy or facilitate the use or deployment of any automatic or manual device, process or means to circumvent, avoid or defeat any of our security measures or systems, including but not limited to the "CAPTCHA" system used as part of this Website's ticket purchasing process. The CAPTCHA system requires the typing of characters on your computer screen, and you expressly agree that the typing will only be done manually by you on the keyboard of the computer you are using to access this Website;
h. Access, reload or refresh this Website's transactional event or ticketing pages, or make any other request to this Website's transactional servers, more than once during any two second interval; or
i. Request more than 500 pages of this Website in any twenty-four-hour period.
j. You expressly agree that you will use this Website only for lawful purposes. You will not post or transmit through this Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of the Company, (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISP's, suppliers and vendors.
Any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other consumer from using or enjoying this Website is expressly prohibited.
5. Transaction and Processing Fees
There is no fee for accessing this Website and viewing our content and the content of third parties that we display.
If you decide to purchase tickets or other merchandise, you agree to pay, in addition to the price for the ticket or merchandise, other fees and charges that we may impose, including but not limited to, convenience fees, processing fees, method of delivery fees, and other miscellaneous fees. The amount of each fee may vary, depending on the tickets or merchandise you purchase and the method you select to receive your tickets or merchandise.
Fees and charges, including (but not limited to) charges for issuance, convenience, handling, processing, shipping, delivery, (including but not limited to, charges for Federal Express, UPS, DHL, or other courier delivery), and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit.
You are urged to review all pages displayed during your completion of a purchase. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction.
6. Links to Other Websites
We may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with FanCaveTickets.com. Any content, product or service provided by other websites is under the exclusive control of such third parties and not FanCaveTickets.com. Your access to and use of any other Website, and any transaction in which you engage on any other website, is subject to the applicable user agreements and privacy policies of that website. By access and use of any other website, you expressly disclaim all liability of FanCaveTickets.com with respect to your, or third party's actions on these other websites. The Company reserves the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.
7. Electronic Communications
Subject to the Privacy Policy, when you purchase tickets or merchandise from us, or when you become a registered user with us to facilitate future transactions, you are communicating with us electronically and by doing so, you consent to receive electronic communications from us regarding a purchase you are making or an event to which you have purchased tickets. Additionally, by consenting to accept electronic communications from us, you also agree that all agreements, disclosures and notices, including any updates to this Agreement, may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing.
In addition, when you purchase tickets or merchandise from us, or when you become a registered user with us, you agree that you have established a business or personal relationship with the Company and its partners and you consent to receive email notices or advertisements from us in the future about
events, products or services that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, you should unsubscribe now.
8. Downloading of Intellectual Property
Other than third party materials that FanCaveTickets.com uses in accordance with applicable law and content posted by Users, FanCaveTickets.com owns all Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof, trademarks, service marks and trade names (collectively, the "NDI Elements"). The NDI Elements are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any NDI Elements to any third party (including, without limitation, the display and distribution of the NDI Elements via your own or a third party website) without FanCaveTickets.com's express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the NDI Elements. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. FanCaveTickets.com neither warrants nor represents that your use of the NDI Elements will not infringe rights of third parties.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Website are registered and unregistered marks of FanCaveTickets.com or are otherwise used in accordance with applicable law. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without FanCaveTickets.com's written permission. Your use of the Trademarks displayed on this Website, except as provided in these Terms & Conditions, is strictly prohibited. FanCaveTickets.com will aggressively enforce its intellectual property rights to the fullest extent of the law.
9. Disclaimers, Limitation of Liability, Releases
YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, IF ANY. NEITHER THE COMPANY OR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OTHER THAN THOSE IN THIS TERMS & CONDITIONS DOCUMENTATION, OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE DISCLAIMERS CONTAINED IN THIS AGREEMENT APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND YOU ASSUME THE RISK OF INJURY FROM ANY OF THE FOREGOING.
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT WILL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, THE COMPANY, ITS INFORMATION PROVIDERS, OR CONTENT PROVIDERS WILL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM USING THIS WEBSITE. NONE OF THE FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ANY LIABILITY THAT THE COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES MAY HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT EXPENDED BY YOU WITH US DURING THE TRANSACTION GIVING RISE TO THE CLAIM; OR (B) $100. IF YOU ARE A RESIDENT OF A STATE THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN THE FOREGOING PROVISION WILL NOT APPLY TO YOU.
10. Trademarks
FanCaveTickets.com takes great care in the development and protection of its trademarks, service marks and logos and reserves all rights of ownership of its trademarks. Nothing contained in this Website should be construed as granting by implication, estoppel, or otherwise, a license or right to use any trademarks displayed on this Website without the prior written permission of FanCaveTickets.com, or their respective owners.
11. Copyright Compliance
To ensure compliance with the Digital Millennium Copyright Act ("DMCA") FanCaveTickets.com will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance to the DMCA by providing FanCaveTickets.com with the following information in writing:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
b. Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Website (such as the URL(s) of the claimed infringing material);
c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. A statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
f. Your physical or electronic signature.
Please send all written correspondence of alleged infringements to: FanCaveTickets.com
5505 Prancer Dr. SE
Caledonia, MI 49316
You may also contact FanCaveTickets.com's Copyright Agent by email (sales@fancavetickets.com) or telephone (1-800-936-5338, ext. 0)
12. Content
A portion of the content for this Website may be supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on this Website by anyone other than our authorized spokespersons while acting in their official capacities.
13. Breach
Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transactions you may have with us and restrict or deny your access to our Website and services, including any services we provide through channels other than the Internet. You acknowledge and agree that monetary damages may not be a sufficient remedy to the Company for a breach of this Agreement and you consent to injunctive or other equitable relief for any alleged breach.
14. Binding Arbitration
Any dispute relating to or arising from your purchase of any tickets or other merchandise through this Website; or arising under this Agreement, in which monetary damages are being sought, will be resolved by binding arbitration conducted in accordance with the Commercial Rules of the American Arbitration Association. To the extent practicable, hearings will be conducted via telephone or other electronic means intended to facilitate a forum in which a hearing may be had. Any in-person arbitration proceeding will take place in Kent County, Michigan, USA. Upon conclusion of the arbitration, any court having jurisdiction over the matter may enter judgment on any award issued in the arbitration.
15. Legal Proceedings
Any legal proceeding, which is commenced for the purposes of seeking injunctive or other equitable relief, will be adjudicated by a court of competent jurisdiction sitting in the State of Michigan, County of Kent and you and the Company expressly consent to the personal jurisdiction of the State and Federal courts sitting in Kent County, Michigan.
16. Indemnification
You agree that you will, at your expense, indemnify, defend, settle, and hold the Company, its parent company, and their respective directors, officers, shareholders, employees, agents, and assigns harmless from and against all claims and expenses, including attorneys' fees, arising out of your use of this Website, including but not limited to any use of this Website that is not authorized by this Agreement. In addition, you will pay any judgment awarded against us or any settlement agreed to by you, and any authorized expenses incurred by us. FanCaveTickets.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with FanCaveTickets.com in asserting any available defenses.
17. Notices
All notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: FanCaveTickets.com, 5505 Prancer Dr. SE, Caledonia, MI 49316. Notice will be deemed effective 3 days after deposit with the United States Postal Service or courier. In addition, the Company may provide notice to you by either email or by registered courier, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing.
18. Force Majeure
FanCaveTickets.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
19. Governing Law, Severability, and Waiver
This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. This Agreement, as updated from time to time, constitutes the full, final, and entire agreement between us, with respect to the terms and conditions of use of this Website and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not constitute a waiver of our right to enforce the terms of this Agreement in the future for a similar breach.
20. Contact
Please report any violations of these Terms & Conditions by contacting FanCaveTickets.com, 5505 Prancer Dr. SE, Caledonia, MI 49316. Questions about the Terms & Conditions may be directed to sales@fancavetickets.com.
TERMS AND CONDITIONS
This ticket is a revocable license that only grants the ticketholder a one-time entry to the 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 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. 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 Collins hill high school, Gwinnett County public schools (and its affiliates), Atlanta cup 2022, r & j sports and its affiliates.
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. 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. 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 arbitrate 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.
Holder and holder's belongings may be searched upon entering the stadium, and prohibited items may be confiscated, at the sole discretion of the 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 privileges, and/or other legal action. Refund to holder of the face value shall automatically terminate holder’s rights hereunder.
Holder agrees not to 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 for any commercial, non-personal, purpose. Holder agrees not to create, transmit, display, distribute, exploit, or sell (or aid in such activity) any photographs, images, videos, livestreams, audio or other form of display or public performance or reproduction of any
portion of the event (the “works”). 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 R & J Sports (and its affiliates) and the Atlanta Cup exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the works. Holder also grants irrevocable permission to R & J Sports (and its affiliates) and the Atlanta Cup (and their sponsors, licensees, advertisers, broadcasters, designees and agents) to use, publish, edit, and alter holder’s image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, 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 arising from or relating in any way 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 risk of physical injury or death, however caused, whether by players, by other people or by objects such as balls entering the spectator area, or otherwise, and the risks of lost, stolen or damaged property. Holder hereby waives all claims and potential claims relating to such risks, hazards, and dangers.
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 R & J sports (or its affiliates.)
Covid-19 health promise
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.
· Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting covid-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.
------------------------------------------------------------------------------------------------------------------- Arbitration and release and waiver of liability agreement
Please read carefully. 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 the grounds of Collins Hill High School (“Fahring Field’,) and any other locations associated with the Atlanta Cup 2022 including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the “stadium”) for a game or other event of, I, 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 R & J Sports, Gwinnett County Public schools, and the Atlanta Cup 2022, 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: Fan Cave Tickets LLC and its affiliates (I) R & J Sports, LLC and its affiliates (“R & J”), The Atlanta Cup LLC (“AC”), and the Gwinnett County school district and its affiliate, This release covers the members of each organization 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, (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.
Governing law. I agree that this agreement shall be governed by the laws of the state of Georgia without regard to choose 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 judicial arbitration and mediation services, inc. (“jams”) pursuant to the federal arbitration act (“faa”); (b) the faa is applicable because R & J Sports 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 jams comprehensive arbitration 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 Atlanta, Georgia.
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.
TERMS AND CONDITIONS
This ticket is a revocable license that only grants the ticketholder a one-time entry to the 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 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. 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 Collins hill high school, Gwinnett County public schools (and its affiliates), Atlanta cup 2022, r & j sports and its affiliates.
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. 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. 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 arbitrate 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.
Holder and holder's belongings may be searched upon entering the stadium, and prohibited items may be confiscated, at the sole discretion of the 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 privileges, and/or other legal action. Refund to holder of the face value shall automatically terminate holder’s rights hereunder.
Holder agrees not to 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 for any commercial, non-personal, purpose. Holder agrees not to create, transmit, display, distribute, exploit, or sell (or aid in such activity) any photographs, images, videos, livestreams, audio or other form of display or public performance or reproduction of any
portion of the event (the “works”). 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 R & J Sports (and its affiliates) and the Atlanta Cup exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the works. Holder also grants irrevocable permission to R & J Sports (and its affiliates) and the Atlanta Cup (and their sponsors, licensees, advertisers, broadcasters, designees and agents) to use, publish, edit, and alter holder’s image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, 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 arising from or relating in any way 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 risk of physical injury or death, however caused, whether by players, by other people or by objects such as balls entering the spectator area, or otherwise, and the risks of lost, stolen or damaged property. Holder hereby waives all claims and potential claims relating to such risks, hazards, and dangers.
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 R & J sports (or its affiliates.)
Covid-19 health promise
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.
· Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting covid-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.
------------------------------------------------------------------------------------------------------------------- Arbitration and release and waiver of liability agreement
Please read carefully. 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 the grounds of Collins Hill High School (“Fahring Field’,) and any other locations associated with the Atlanta Cup 2022 including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the “stadium”) for a game or other event of, I, 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 R & J Sports, Gwinnett County Public schools, and the Atlanta Cup 2022, 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: Fan Cave Tickets LLC and its affiliates (I) R & J Sports, LLC and its affiliates (“R & J”), The Atlanta Cup LLC (“AC”), and the Gwinnett County school district and its affiliate, This release covers the members of each organization 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, (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.
Governing law. I agree that this agreement shall be governed by the laws of the state of Georgia without regard to choose 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 judicial arbitration and mediation services, inc. (“jams”) pursuant to the federal arbitration act (“faa”); (b) the faa is applicable because R & J Sports 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 jams comprehensive arbitration 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 Atlanta, Georgia.
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.