TERMS AND CONDITIONS
IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE;
HOLDER ACCEPTS RISK OF INJURY; THIS TICKET LIMITS HOLDER’S LEGAL RIGHTS
This Ticket is a License revocable with or without cause in the sole and absolute discretion of the Licensor. Use of this Ticket for admission to the Facility constitutes the acceptance of Holder of the following terms and conditions and all other terms and conditions which relate to the Ticket, including the T&Cs set forth at https://www.milb.com/tampa/tickets/ticketterms – all as established by the Licensor. Unless otherwise defined, all capitalized terms shall have the meaning set forth in the T&Cs. The key provisions of the License are summarized below; provided, the T&Cs control in the event of any conflict between the key provisions and the T&Cs:
This Ticket grants Holder the license to: (a) enter the publicly-accessible areas of the Facility (or applicable portion thereof) on dates and at times determined by Licensor; (b) attend the Event on the date set forth on the Ticket; and (c) sit in the Seat, unless this Ticket is designated “General Admission.” No resale or offer to resell this Ticket is permitted to the extent prohibited by any applicable federal, state or local law or regulation.
The Holder agrees that: (a) Holder will not transmit or aid in transmitting any photographs, images, videos, audio, livestreams or other accounts or descriptions (including play-by-play data) (whether text, data or visual), in any media, about the Event or any attractions offered at the Facility in connection therewith; (b) Licensor will have the unrestricted, irrevocable, assignable right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Event or the Facility or other transmission, distribution, public performance, or reproduction in whole or in part of the Event or Facility, for all purposes, worldwide, in perpetuity, and in any and all media now or hereafter known, without compensation or consideration, notification or permission, unless otherwise prohibited by applicable law; and (c) Holder will be subject to and consents to all security inspections and/or screenings, including the use of metal detectors and physical pat-downs, and waives all claims against the Licensor and the City of Tampa related thereto. Licensor reserves the right to refuse admission to or eject from the Facility any person, item or property that poses a threat to safety.
WARNING: Please stay alert and be aware of your surroundings at all times. During all batting practices, fielding practices, warm-ups and the course of all Games and the baseball game experiences, baseballs and bats and fragments thereof may be thrown or hit anywhere in the Facility. If Holder is concerned about the location of the Seat, relocation may be requested. All relocations are subject to availability, may be in a different area in the Facility and may require additional payment. 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 INCLUDING THE FACILITY REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER AGREES TO: (a) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES; AND (b) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF LICENSOR INCLUDING THOSE SET FORTH IN THE T&CS AT https://www.milb.com/tampa/tickets/ticketterms. IN CONNECTION WITH THE EVENT, HOLDER AGREES TO FOLLOW ALL APPLICABLE FEDERAL, STATE, COUNTY, CITY AND LICENSOR DIRECTIVES IN CONNECTION WITH, AND IN ORDER TO REDUCE THE RISK OR SPREAD OF DISEASE OR SICKNESS.
WAIVER AND RELEASE OF LIABILITY: The Holder recognizes that attendance at the Event is voluntary and may result in personal injury (including illness and death) or property damage. The Holder assumes all risk and danger incidental to the Event, including the sport of baseball, the danger of batted balls and bats and fragments thereof and exposure to any contagious disease (including COVID-19). Holder agrees that: (a) the New York Yankees Partnership, FSL Bomber Baseball, LLC and the MLB Parties; (b) each of the MLB Parties’ respective past, present and future licensees, sponsors and vendors; (c) the City Parties; (d) the Ticket manufacturer, provider and/or agent; and (e) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, trustees, general and limited partners, members, directors, officers, owners, agents, representatives, servants and independent contractors of each of the foregoing entities, shall not be responsible for any personal injury (including illness and death), property damage, or other loss suffered in connection with the Event. Holder releases the parties set forth in (a) through (e), above from any and all claims which Holder may have for any other cause of action arising out of the License, use of this Ticket and/or attendance at, observation of, and/or participation in the Event.
(a) Unless specifically stated herein, this Ticket is not subject to any refund and shall bear no cash value.
(b) If a Game is not played or does not progress to a point of play which constitutes a regulation game (as defined by MLB) is not played, this Ticket will constitute a rain check (“Rain Check”) that can either be: (i) used for admission to the rescheduled Game, if any, subject to certain doubleheader limitations or (ii) if the Game is not rescheduled, Licensee may obtain a refund by returning this Ticket to the ORIGINAL POINT OF PURCHASE. Ticket refunds will be made in the original form of payment. Refunds will not be accepted after December 31st of the current year. For double headers, a Rain Check will be void after a legal game is played in the first game.
(c) Spring Training Season Ticket Holders Only: In the event a regulation game (as defined by MLB) is not played, this Ticket may be used for the rescheduled Game(s) of the current Spring Training season. In the event that a Spring Training Game(s) is canceled and not rescheduled: (i) the season ticket holder's account will automatically be credited for the canceled Spring Training Game and applied to the next Spring Training season; or (ii) the season ticket holder may request a refund by written request to the Facility’s Ticket Office before December 31st of the current year. For double headers, a Rain Check will be void after a Spring Training Game is played in the first Game of the double header.
(d) All Other Events: Licensee shall have the right, within twelve (12) months of the date of the scheduled event, to exchange this Ticket for a comparably priced and situated ticket to attend a rescheduled presentation of the same event or another similar event, as designated by Licensor in its sole and absolute discretion.
BY ATTENDING THE EVENT, HOLDER AGREES THAT ANY DISPUTE, CLAIM, OR CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS LICENSE AND THE TICKET SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. HOLDER AND THE LICENSOR SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE AS A REPRESENTATIVE MEMBER OF A PUTATIVE CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
BY ATTENDING THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY AND AGREEMENT TO ARBITRATE TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ANY MINOR, HOLDER SHOULD NOT ENTER THE FACILITY OR IMMEDIATELY LEAVE WITH SUCH MINOR.
1. Time, opponent, date, team rosters, lineups and seating locations are subject to change.
2. The number of innings in a Game shall be determined by the applicable MLB Parties and may be shortened by the applicable MLB Parties. Licensor makes no representation, warranty and/or guarantee that nine (9) innings will be played in any Game.
3. Ticket price includes Florida State Sales Tax.
4. All persons over the age of three (3) years must have a Ticket for admission.
5. This Ticket may not be used for advertising, promotions (including contests and sweepstakes) or other trade or commercial purposes without the express written consent of Licensor.
6. Tickets obtained from sources other than Licensor or its authorized agencies may be lost, stolen or counterfeited tickets and in such cases, will not be honored. Tickets cannot be replaced if lost, destroyed or stolen.
7. Licensor reserves the right to change all Facility policies without prior notice.
8. In no event will Licensor be liable for any direct, indirect, consequential, exemplary, incidental, special or punitive damages or for lost profits, revenues or business opportunities even if Licensor has been advised of the possibility of such damages.
9. The License shall be governed by Florida law, without giving effect to conflict of laws principles thereof.