SEATTLE SOUNDERS FC TICKET PURCHASE POLICY AND SPECTATOR WAIVER
The following ticket purchase terms and conditions (“Ticket Policy”) apply to all tickets purchased (each a “Ticket”) to a Seattle Sounders FC (“Sounders FC”) Event (as defined below). Each Ticket constitutes a limited revocable license that only grants Ticket Holder one-time entry into Stadium for a spectator seat, standing room, or other viewing area for a specified Event, which may be revoked at any time by Sounders FC for any reason. Sounders FC expressly reserves the right not to refund or reissue any Ticket purchased through ticket resellers or secondary markets. All sales are final. Sounders FC reserves the right not to replace or honor lost, destroyed, counterfeit or stolen Tickets. This Ticket Policy may be amended and updated from time to time at the exclusive discretion of Sounders FC or Major League Soccer (“MLS”).
“Account” shall mean the electronic file record together with certain data and information provided by an individual (“Account Holder”) whom is an Original Purchaser for the purchase of any Tickets online or over the phone, that may be provided at the time of purchase or at any point thereafter.
“Account Data” shall mean data collected from an Account Holder that may include but is not limited to Account Holder’s name, birthdate, address, phone number, email, payment information, excluding full credit/debit card numbers, and other information which may otherwise be known as Personally Identifiable Information, biographical or qualitative information, records of customer service inquiries, past transactions and invoices, and any and all other information provided voluntarily by Account Holder or as required by Sounders FC or Ticket Agent to maintain an active Account in good standing.
“Account Manager” shall mean the online/website based portal provided by Sounders FC and Ticket Agent which may contain some or all of the Account Data together with other Account Holder information, and which serves as the primary portal for Account Holders, Alliance Members, and Original Purchasers to access, manage, resell, and transfer their Tickets to Events, including the review of invoices and addition of or editing of required Account information.
“Alliance Member” shall have the meaning defined in the Sounders FC Alliance Member Rules, which incorporate the Ticket Policy by reference.
“Event” shall mean any ticketed Sounders FC match, including but not limited to regular season, playoff, exhibition, international friendly, or any other competition hosted and ticketed by Sounders FC on behalf of or in partnership with any organizing entity, including MLS, US Soccer Federation, CONCACAF, or FIFA or their agents, subsidiaries, and designees (collectively “Promoter”)—match, or group of matches where a ticket is required for entry.
“Event Cancellation” or “Event Disruption” shall mean any circumstance which forces a change to one or more Events, including, but not limited to: (a) a cancelled Event that will not be rescheduled (“Event Cancellation”); (b) an Event is not able to be hosted with fans or with limitations on venue capacities; or (c) an Event is disrupted, interrupted or otherwise rendered impossible to host as originally scheduled (collectively “Event Disruption”).
“Stadium” shall mean all locations or venues where a Ticket to an Event is offered for sale by Sounders FC, including primarily Lumen Field located in Seattle, Washington which is managed and operated by First and Goal, Inc. on behalf of the Washington State Public Stadium Authority, but may include additional venues on an Event-by-Event basis.
“Mobile Ticketing” shall mean the purchase, use, receipt, maintenance or management of any Ticket via the official Sounders FC mobile application, the official mobile application of Ticket Agent, and specifically including the use of features commonly referred to as a “passbook” or “wallet” on a mobile device, or other approved digital methods to access and manage tickets.
“Original Purchaser” shall mean the individual who purchases a Ticket for any Event directly from Sounders FC, the ticket box office at the Stadium, or through Ticket Agent on a primary purchase basis only. Original Purchaser does not include a Ticket Broker or a purchase from a Ticket Broker.
“Refund” Sounders FC does not provide cash or cash equivalent refunds on Ticket purchases, including, but not limited to Single Match Plan, Season Ticket Plan, and Partial Plan. For purposes of this definition, “Refund” means a return of the full-face value amount of the Ticket price, not including taxes, facility fees, or service fees associated with the original charge, to the Original Purchaser in the original form of payment.
“Reschedule” shall include any circumstance where the date, time, location, or opponent for a specific Event is changed by Sounders FC or MLS.
“Secondary Purchaser” shall mean any individual or entity who purchases a Ticket for an Event from an Original Purchaser, a ticket reseller or other vendor in the secondary ticket market, or who receives a Ticket for an Event by transfer from any person or entity, including but not limited to the Original Purchaser through any platform, including but not limited to ticket agent account manager or Sounders FC’s mobile application.
"Ticket Agent” shall mean Sounders FC designated third-party ticket provider.
“Ticket Holder” shall mean any individual who possesses a valid Ticket together with anyone attending the Event with the Ticket Holder (which persons the Ticket Holder represents have authorized the Ticket Holder to act on their behalf for purposes of agreeing to the terms herein) including, but not limited to, minors whom the Ticket Holder is accompanying, and other persons acting or purporting to act on the Ticket Holder’s behalf.
“Ticket Transfer” shall mean forwarding, distributing, transferring or selling a Ticket, in any format, to any person. For example, a Ticket Transfer may occur through a Ticket Holder’s Account Manager or Mobile Ticketing platform.
2. General Terms. The Ticket Holder agrees that: admission is contingent on Ticket Holder’s agreement to the this Ticket Policy, those available at www.mlssoccer.com/about/fan-code-of-conduct, and the MLS Spectator Waiver (collectively, the “Terms”); and by using this ticket to enter the Stadium, Ticket Holder is deemed to have read the Terms and agreed to be bound by them with the same force and effect as if Ticket Holder signed these Terms. 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 Ticket Holder ejected, without refund, at the sole discretion of the Stadium, MLS, or Sounders FC and its affiliates (the “Club” and, collectively with the Stadium and MLS, “Management”). Ticket Holder may not use this ticket for advertising, promotion or other commercial purposes (including contests, sweepstakes and giveaways) without the express written consent of Management. Ticket Holders may be provided access to a mobile version of Ticket Holder’s Account through a Mobile Ticketing platform. Access to Mobile Ticketing may require opting-in to certain tracking features or location services or notification services and separate data privacy policies. Sounders FC is not obligated to provide Mobile Ticketing to any Account Holder.
3. Ticket Purchase.
3.1 Season Ticket Plan. A “Season Ticket Plan” is a ticket purchase option where a Ticket is purchased for all Events included in the then current Sounders FC season, as designated in advance by Sounders FC and as more specifically defined in the Alliance Member Rules. Original Purchasers of a Season Ticket Plan shall be governed by the Alliance Member Rules as provided to Season Ticket Plan Ticket Holders
3.2 Single Match Plan. A “Single Match Plan” is a ticket purchase option where a Ticket is purchased for an individual Event throughout the then current Sounders FC season.
3.3 Flex Plan. A “Flex Plan” is a flexible ticket purchase option which includes a specific number of tickets or specific amount of credit on an Account to purchase some or all ticketing products, or other flexible product offered by Sounders FC at any time during the year. Flex Plans are designated and confirmed at the time of sale.
3.4 Group Ticket. A “Group Ticket” is a group ticket option with special pricing that is purchased for a single match and is designated at the time of sale as a Group Ticket package or purchase by Sounders FC. Sounders FC may make available a Group Ticket purchase option for one or more Events. Sounders FC does not warrant that Group Tickets will be available in any specific quantity, section location or Event, and all Group Tickets are subject to inventory availability. Group Ticket leaders who purchase Group Tickets on behalf of a group hereby warrant that they have read this Ticket Policy and are responsible for communicating all information provided by Sounders FC with respect to the Group Tickets experience to all members of their group. All experiences associated with Group Tickets are subject to availability and cancellation due to restricted access to certain portions of the Stadium, team schedule changes or other circumstances outside the control of Sounders FC and may not be replaced. Group Tickets purchases may require execution of additional release and waivers of liability and other rights. If so required, Sounders FC shall not be obligated to provide the experience to any member of the group who does not return a completed waiver and release. For purposes of Rescheduled, Cancelled or Disrupted Events, please contact your Group Ticket representative for more information on options, otherwise, all Group Tickets shall be treated as Single Match Plan.
3.5 Partial Plan. A “Partial Plan” is a ticket purchase option that is purchased for a specific group of Events, that is offered as a multi-match package which includes more than one (1) match and less than all matches. Partial Plans are designated and confirmed at time of sale by Sounders FC.
4. Stadium Security and Entrance Requirements. All Ticket Holders acknowledge and agree that Lumen Field, Starfire Sports, MLS, MLS Next Pro, US Soccer Federation, CONCACAF, FIFA and Sounders FC, or any federal, state, or local governmental jurisdiction, may at any time deploy any measure to keep fans, Event participants, and employees and staff safe at any of the above identified entity venues including but not limited to Lumen Field and Starfire Sports, or any other venue where Sounders FC, Tacoma Defiance, or any other ticketed Event operated by Sounders FC may arise. Ticket Holder and Ticket Holder’s belongings may be searched upon entry, prohibited items may be confiscated and Ticket Holder waives all claims relating to such search and/or confiscation. This Ticket Policy may utilize, employ, change, alter, or amend security screening, ingress and egress, including but not limited to health check points, temperature screenings, vaccine verification requirements, mask requirements and other safety and security policies, including the size, shape, and type of bags allowed inside and any items prohibited from any or all Events. For a current list of all prohibited items and for the then current bag and security policy please visit https://www.lumenfield.com/plan-your-visit/stadium-guide. In addition to security screenings, health screening policies may be developed, amended, adapted or modified at any time and with little notice to fans to limit the spread of communicable disease, pathogen or virus, as required by local authorities. Lumen Field, Starfire Sports and any other venue for a Sounders FC Event may refuse or deny entry to any person for any reason at any time.
5. Data Privacy and Security.
5.2 Data Use. Sounders FC reserves the right to collect, store and use any information, including Account Data, for the purpose of notifying Ticket Holder about a transaction, including Event details, Event Reschedules, Cancellations, and other communications related to the fulfillment, management and administration of Tickets and Events. By purchasing a Ticket, Ticket Holders consent to receive commercial and promotional emails, including but not limited to, information about upcoming Events and the sale of goods and services, from Sounders FC, Ticket Agent and MLS marketing, promotions, and sponsors, unless Ticket Holder expressly opts out in accordance with the then current opt-out procedures as provided in each communication. Sounders FC has the right to process aggregate anonymized Account Data (“Aggregated Data”) for analytical purposes, including to evaluate, improve, and review ticket sales, products, marketing, and for other internal business purposes. Sounders FC may share Aggregate Date with Ticket Agent or other third parties necessary to process Ticket purchase, distribution, or other means, including security or other screening requirements at the point of entry in the Stadium or any venue, and unless otherwise limited, for any other commercial purposes. Notwithstanding the foregoing, Sounders FC does not sell Account Data for any commercial purpose.
6. Ticket Holder Personality Release. Ticket Holders hereby grant to Sounders FC, Lumen Field, MLS, Soccer United Marketing LLC (“SUM”), and Promoters’ entities and their assignees or designees (“Rights Owners”) irrevocable permission in perpetuity and on behalf of Ticket Holders’ accompany minors to use their photograph, video or audio recording, voice or likeness, to the extent captured during any Event and related activities including Soccer Celebration, Soundcheck promotional activities, pre/during/post-match experiences and all other in-Stadium activities, including any broadcast, in whole or in part, any derivatives thereof, in any media now in use or created afterwards, for any purpose whatsoever, including commercial purposes of Sounders FC, Lumen Field or MLS, USL or Promoter and their licensees, sponsors, promoters, advertisers and broadcasters. Parents or guardians can revoke this license to use the likeness, voice, photograph or audio or video recording of their minor children or legal dependents, provided that they do so in writing to Sounders FC, Attn: Minor Personality Rights, 1901 Oakesdale Ave. SW, Renton, WA 98057, specifying the incidence of use for which permission is revoked, and with sufficient identification of the subject and specific photo, video or audio used and contact information to provide Sounders FC an opportunity to reasonably comply with the request and certify its compliance.
7. No Right to Transmit. The Ticket Holder will 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, any photographs, images, videos, livestreams, audio or other form of display or public performance or reproduction of any portion of the Event (the “Works”) for any commercial, non-personal, purpose. Notwithstanding the foregoing, Ticket Holder agrees that by using this ticket to enter the Stadium, Ticket Holder shall be deemed to have signed this ticket and granted Management an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. Ticket Holder also grants irrevocable permission to Management (and their sponsors, licensees, advertisers, broadcasters, designees and agents) to use, publish, edit, and alter Ticket 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.
8. Additional Ticket Policies.
8.1 Ticket Resale, Transfer, and Donation Policy. Sounders FC is only responsible for Tickets distributed to Original Purchaser. Any and all fraudulent resales, double distributions, and invalid copies of barcodes presented at gates, in whatever form, are invalid for entry and may be refused by Sounders FC or rejected at the point of entry or ticket scan for an Event. Each Ticket Transfer or Ticket sale through Sounders FC.com, Ticket Agent, and certain other third-party secondary market sellers may generate a new, unique barcode associated with that ticket, which may invalidate any previously issued ticket barcode for the same seat. By instructing Sounders FC or Ticket Agent to forward, distribute, transfer or sell a ticket, Ticket Holder authorizes Ticket Agent and Sounders FC to issue to the recipient a valid ticket complete with full rights due and owing to any valid Ticket Holder and to cancel and invalidate any ticket previously issued for the same seat at the same Event. Misuse of the transfer, resell, or forwarding features for all tickets may result in a revocation of your revocable ticket license. In addition, purposefully misrepresenting any seat location information by any Ticket Holder through any platform may result in the revocation of the revocable ticket license for any future matches purchased by the same Account Holder. Sounders FC is not responsible for a misleading or purposely misrepresented seat location that is purchased on the secondary ticket resale market. Original Purchasers who are unable to use, resell or transfer their seats for any Event may donate their match tickets to Sounders FC community partners through www.SoundersFC.com/community or their Account Manager. Notwithstanding the foregoing, Sounders FC and MLS may, at any time, make any Ticket non-transferrable and disable any transfer feature within its mobile application or Ticket Agent mobile platform.
8.2 Children Ticket Policy. All children who are at least three (3) years of age are required to have a purchased Ticket for admittance to an Event. Children less than three (3) years of age are not required to have a Ticket but will not guaranteed a seat. Children who are at least sixteen (16) years of age or older as of the date of the first match of the then-current regular season may have a Season Ticket transferred in their name pursuant to the ticket transfer terms.
8.3 Ticket Broker Policy. Sounders FC reserves the right in its sole and exclusive discretion to prevent Ticket Brokers from purchasing tickets for any Event in any combination, including but not limited to, Season Tickets or Single Match Tickets. At any time, it is determined that an Original Purchaser purchases Tickets with the intent or effect of reselling those tickets and thereby operating as a “Ticket Broker,” Sounders FC may suspend the Original Purchaser Account, suspend or revoke any outstanding unused Tickets without Refund and prevent them from purchasing any new tickets in the future. Any Original Purchaser who attempts by act, omission, actions or effect to contravene this Ticket Policy, or whom purposefully supplies false or misleading information to Sounders FC which tends to disguise the purchaser’s identity or intent to act as a Ticket Broker or utilizes technology to do the same, may also be deemed a Ticket Broker and have their account immediately suspended and all unused tickets revoked, without Refund. Sounders FC does not guarantee any Ticket to any Event purchased from a Ticket Broker. In no event will a Ticket Broker be treated as an Original Purchaser under this Ticket Policy. This provision shall not affect the Ticket Transfers conducted, in good faith, by any Original Purchaser. All Tickets sold by a Ticket Broker shall remain subject to this Ticket Policy.
8.4 League Ticket Policies and League Events. Sounders FC Ticket Policy may be amended from time to time in order to comply with MLS and Promoter rules regarding ticket purchases (collectively “League Rules”). If at any time League Rules conflict with Sounders FC Ticket Policy, then League Rules shall control. Some Events may be controlled and ticketed by Sounders FC on behalf of or as directed by MLS, a third-party league, tournament or competition, or an Event managed by a Promoter, regardless of whether or not Sounders FC is a participating team or host for the Event (“League Events”). Sounders FC is not obligated to provide an opportunity to purchase a Ticket for any League Event. Sounders FC reserves the right to exclude League Events from Ticket plans including the any Season Ticket Plan, at its sole and exclusive discretion. All pre-sales, sales windows or other opportunities to purchase Tickets to League Events shall be governed by the terms, policies and rules published at the time of sale.
9. Fan Code of Conduct. At all times all Ticket Holders are bound by the then-current MLS Fan Code of Conduct (Fan Code of Conduct | MLSsoccer.com), Lumen Field Code of Conduct (Lumen Field - Stadium Guide: Fan Code of Conduct) and Sounders FC Code of Conduct, and other policies as required by USL, Promoter, or other Event venues, which may my modified from time to time. All Ticket Holders agree to comply with all directions from Lumen Field event staff, including alcohol enforcement, security services, and guest service representatives. Abusive behavior is grounds for removal from Lumen Field. Any violations of the Code of Conduct may result in immediate removal of the Ticket Holder and their companions. Other disciplinary measures, including suspension from future matches or attendance bans may be enforced. Sounders FC supports an inclusive culture where all fans are and feel welcomed and will not tolerate any racist, homophobic, xenophobic, sexist, transphobic or other hateful, demeaning speech directed at any other individual or group of people.
10. Seats and Experience.
10.1 Pitch Side Experience. MLS may make available to Sounders FC the possibility to sell Tickets and Sounders FC may sell Tickets to certain hospitality areas that include premium pitch side seating or may otherwise provide access to pitch side areas to Ticket Holders in the form of surprise and delight and experiential opportunities. All Ticket Holders who are provided access to pitch side areas at any time are advised that those areas may include uneven or slippery surfaces, walking on turf field and concrete, may include stepping over cables, cords, and other infrastructure, and are uncovered and exposed to all weather elements. Additionally, ALL TICKET HOLDERS WHO ARE PROVIDED ACCESSS TO PITCH SIDE AREAS ASSUME ALL ADDITIONAL RISKS INCLUDING THE RISK OF INJURY TO PERSON OR PROPERTY INCLUDING DEATH, AND SPECIFICALLY BUT NOT LIMITED TO CONCUSSION, WHETHER KNOWN OR UNKOWN, ASSOCIATED WITH THAT ACCESS, INCLUDING SPECIFICALLY BUT NOT LIMITED TO THE INCIDENCE OF SOCCER BALLS OR PLAYERS LEAVING THE FIELD OF PLAY AND ENTERING THE CURTILEGE SURROUNDING THE FIELD OF PLAY INCLUDING DESIGNATED PITCH SIDE AREAS.
10.2 Seats/Standing Areas. Certain sections of the Stadium may include fan experiences where fans typically stand for the entirety of the match. Sitting and standing sections are determined by historic experience and Sounders FC shall not provide any indication on any Ticket whether a section is sitting or standing. Sounders FC does not make any warranty with respect to accuracy of any designated sitting or standing sections on third-party sites, including but not limited to, Ticket Broker, Ticket Agent or ticket providers. All Ticket Purchasers are advised to consult with Sounders FC representatives if sitting versus standing is of a concern before purchase. All sales from Sounders FC and Ticket Agent are final. In certain circumstances it may become necessary for Sounders FC to close sections of a venue, rows within a venue or certain seats due to construction, League Rules, health and safety of fans, staff or players, security, match operations, or otherwise. In the event this occurs for any specific Event or a group of Events, the Original Purchaser of any effected Ticket product shall be contacted by Sounders FC to discuss all options.
10.3 ADA Compliant Seats. Lumen Field includes disabled seats (wheelchair convertible) and companion seats throughout the Stadium at all price levels. Disabled seating and access are fully compliant with the Americans with Disabilities Act (ADA). All ADA rows are non-standing. Please contact Customer Service at Sounders FC to secure ADA seats for one or more Events at 1-877-MLS-GOAL (1-877-657-4625).
11. Reschedule; Cancellation; Disruption. An Event Reschedule, Cancellation or Disruption may arise for any reason whatsoever, including but not limited to any circumstances outside of Sounders FC or MLS or other Event Promoter’s control such as, acts of God (fire, flood, storms, hurricane, earthquakes, tornadoes, etc.), acts of terrorism or public enemy, war, civil disturbance, sabotage, accidents, insurrections, blockades, communicable disease or contagion (including Covid-19), acts of any governmental or quasi-governmental authority, labor strikes, lockouts or other labor disturbance or interruption or any other like event.
11.1 Event Reschedule; Remedies. Should any Event be rescheduled for any reason, any valid, unused, issued Ticket shall either be honored for the new Event date, time, location and/or opponent or the Ticket shall be re-issued by Sounders FC to the Original Purchaser for the new Event date, time, location and/or opponent, at Sounders FC’s exclusive discretion and control. No ticket for a Rescheduled Event shall be eligible for a Refund. All Ticket Purchasers shall automatically have the new Event date, time, location and/or opponent loaded into their Account, Ticket Agent Account Manager, or to their Mobile Ticketing stored ticket in the Seattle Sounders FC Mobile Application but may need to update the pass stored in their device’s “passbook” or “wallet” feature as the case may be. Should Sounders FC determine, in its sole and exclusive discretion, to reissue tickets for the Rescheduled Event, all reissued tickets will be sent to the address on file for the Original Purchaser, for all seats associated with that Account. Sounders FC is not responsible for shipping, forwarding or otherwise distributing reissued tickets to Secondary Purchasers or recipients of a Ticket Transfer who would not automatically receive these updates.
11.2 Event Cancellation; Remedies. Should an Event be Cancelled for any reason, the following shall apply: (a) an Original Purchaser of a Single Match Plan shall automatically receive a Refund for the Cancelled Event; and (b) an Original Purchaser of a Partial Plan Purchase shall receive a Refund pro-rata for the Cancelled Event. Sounders FC may provide Single Match Plan or Partial Plan purchases an option for credit on account or exchange, at its exclusive discretion and control. Secondary Purchasers shall have no right to receive a Refund or credit for any Cancelled Events from Sounders FC, and Sounders FC shall have no obligation whatsoever to Secondary Purchasers for a Cancelled Event.
11.3 Event Disruption; Remedies. A Disrupted Event includes any Event that due to League Rules or local authorities less than 100% of the fixed seats in the venue can be utilized, or due to circumstances outside of Sounders FC’s control, an originally scheduled group of Events, including up to the entire season are truncated, reformatted, amended or modified by MLS. Should an Event be deemed Disrupted by Sounders FC, the following shall apply: (a) an Original Purchaser of a Single Match Plan shall automatically receive a Refund for that Event; (b) an Original Purchaser of a Partial Plan Purchase shall receive a Refund pro-rata for the Event or Events that are Disrupted.
12. Acknowledgement of Risks. Ticket 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 COVID-SARS2 aka Covid-19 or any other 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. Ticket Holder hereby waives all claims and potential claims relating to such risks, hazards and dangers.
13. Release; Waiver of Liability; Covenant Not to Sue. TICKET HOLDER 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 TICKET HOLDER MAY HAVE OR HEREAFTER ACCRUE AGAINST ANY OF THE RELEASED PARTIES AS A RESULT OF OR THAT RELATE IN ANY WAY TO (I) EXPOSURE TO ANY COMMUNICABLE DISEASE; (II) 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 TICKET HOLDER 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 EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION, OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) MAJOR LEAGUE SOCCER, L.L.C. AND ITS AFFILIATES (“MLS”), SOCCER UNITED MARKETING, LLC (“SUM”), THE MEMBERS OF MLS AND EACH OF THE MLS TEAMS OPERATED BY THEM, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT AFFILIATES, MEMBERS, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, INVITEES, AND CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS), AND OTHER PERSONNEL (COLLECTIVELY, INCLUDING MLS, SUM, AND THE TEAM ENTITIES, THE “MLS PARTIES”); (II) SEATTLE SOCCER LLC. AND SEATTLE SOUNDERS FC; (III) THE DIRECT AND INDIRECT OWNERS, LESSEES, AND SUBLESSEES OF THE STADIUM; (IV) CONCESSIONAIRES, MERCHANDISERS, OTHER VENDORS, AND ALL OTHER CONTRACTORS PERFORMING SERVICES AT THE STADIUM; (V) OTHER THIRD PARTIES PRESENT AT OR FROM TIME TO TIME BROUGHT TO THE STADIUM (INCLUDING, WITHOUT LIMITATION, MEDICAL PERSONNEL); AND (VI) 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.
14. Indemnification. Ticket Holders agrees to indemnify and hold the Released Parties harmless from any liability, claims, demands, costs, expenses, and attorneys’ fees incurred by any of the Released Parties as a result of (a) Ticket Holders assertion of any claims arising from, relating to, or in connection with activities that Ticket Holder has acknowledged and assumed risk and/or which is covered by the waiver and release; and (b) all claims and amounts related to legal and other actions brought against any of the Released Parties, to the extent such claims are attributable to Ticket Holder’s negligence or willful misconduct or a violation or breach of this Agreement.
15. Limitation of Liability. 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. TICKET HOLDER AND MANAGEMENT EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF TICKET HOLDER DOES NOT CONSENT TO THIS CLAUSE, TICKET HOLDER MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
THE DATE AND TIME OF THE EVENT AS WELL AS THE OPPONENT ARE ALL SUBJECT TO CHANGE BY THE MLS OR EVENT PROMOTER IN THEIR SOLE DISCRETION, OR AS A RESULT OF OTHER ACTIONS OR EVENTS BEYOND THE MLS’ OR PROMOTER’S CONTROL WITHOUT REFUND. NO REFUND WILL BE PROVIDED IF TICKET HOLDER CANNOT ATTEND. IF GAME OR EVENT IS CANCELLED AND NOT REPLAYED, THE SOLE AND EXCLUSIVE REMEDY IS A REFUND OR CREDIT OF THE FACE VALUE OF THE TICKET TO THE ORIGINAL PURCHASER OF THE TICKET.
16. Governing Law. Ticket Holders acknowledge and agree that this Ticket Policy and all aspects of the relationship between Sounders FC and Ticket Holder regarding the acquisition, use, and repurchase of a revocable ticket license shall be governed by the laws of the State of Washington, without regard to conflict of laws, and jurisdiction shall be situate in King County, Washington. Ticket Agent may have a different choice of law and jurisdiction imposed upon Ticket Holder which it will make available through its platform.
17. Severability. Except as otherwise provided in the MLS Terms of Service (https://www.mlssoccer.com/LEGAL/TERMS-OF-SERVICE)))), 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.