Each ticket for a Miami Open (“Tournament”) session is a revocable license that only grants entry into the Tournament premises and a spectator seat (or a standing location, as applicable) for the applicable Tournament session (the “Event”). The person seeking entry pursuant to such license, and any accompanying minors (“Holder”), agrees that such ticket license is subject to these terms and conditions (“Terms”) and by acceptance and/or use of such ticket for the Event, Holder is deemed to have read and agreed to the Terms. The Terms include and incorporate the Tournament Ticket and Accreditation Policies (https://www.miamiopen.com//policies), provided that these terms shall govern in the event of a conflict. Failure to comply with any of these Terms shall result in forfeiture of such license and all rights arising under it without refund and shall entitle International Players Championship, LLC, SFS Events, LLC and South Florida Stadium LLC (collectively, the “Tournament Parties”) to pursue all legal remedies available. Admission may be refused/revoked and Holder may be ejected in the sole discretion of the Tournament Parties.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, stadium capacity limits result in Holder’s ticket(s) being cancelled or an Event is cancelled and not rescheduled for any reason, is a refund of up to the face value of the ticket set by the Tournament Parties (the “Face Value”). Capacity may be adjusted upward or downward without notice. Notwithstanding the foregoing, if an Event is postponed or cancelled for any reason, reasonable efforts will be made to accommodate individual Holders with proof of purchase for a subsequent Tournament session, if held. The Tournament Parties cannot guarantee ticket availability, exchange of equal value or comparable seat location. The foregoing is limited to individual Event tickets purchased directly through MiamiOpen.com, Ticketmaster.com or Hard Rock Stadium and does to apply to secondary market tickets, complimentary, series, suite or box tickets or tickets issued with sponsorships.
IN NO EVENT SHALL THE TOURNAMENT PARTIES BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING AMOUNTS PAID IN EXCESS OF FACE VALUE. ANY DISPUTE OR CLAIM IN ANY WAY RELATED TO THIS TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION BEFORE JAMS IN MIAMI PURSUANT TO ITS STREAMLINED RULES EXCLUSIVELY ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS THAT IT IS WAIVING ITS RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO ASSERT CLAIMS AS A CLASS ACTION, REPRESENTATIVE ACTION OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS, HOLDER MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
Event schedules (including schedule of play) are subject to change by the Tournament Parties in their sole discretion; no change shall entitle Holder to a refund/remedy if Holder cannot attend or for any other reason. Holder may be relocated to alternative seats in the sole discretion of the Tournament Parties. Relocation shall not entitle Holder to a refund or any other remedy if Holder is relocated to a location of comparable face value.
Holder must comply with all Tournament Parties policies, including security, fan conduct, health and bag policies. Holder and belongings may be searched. Prohibited items may be confiscated. Holder consents to searches and waives any claims relating thereto. If Holder does not consent to such searches, Holder acknowledges the Tournament Parties have the right to deny admission or eject Holder without refund. The Tournament Parties reserve the right to deny or revoke admission of any person who the Tournament Parties, in their sole discretion, determine pose a risk to health/safety or whose conduct violates these Terms, any Tournament Parties policies, or is otherwise disorderly (or complicit therein) without refund.
Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in the same) (1) in any form, any description/account (whether text, data or visual, and including play-by-play data, match scores or related statistical data during match play (from the beginning of a match through its end)) of the Event or related events ( “Data”) for any gambling, commercial/non-personal purpose; (2) any images, videos, audio or other form of display or public performance or reproduction of any portion of the Event ( “Works”) for any commercial/non-personal purpose; or (3) livestreams (on a live or delayed basis, in whole or in part, whether on a free basis or subject to payment) of any portion of the Event (“Streams”). Notwithstanding the foregoing, Holder agrees that by causing its ticket to be scanned upon entry, Holder shall be deemed to have signed the ticket and granted to the Tournament Parties an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works, the Streams, and the Data. Holder also grants irrevocable permission to the Tournament Parties and their respective sponsors, licensees, advertisers, broadcasters, designees, and agents to use, publish, distribute and/or alter Holder’s image, likeness, voice, actions and statements in any medium including audio, video, or images of the Event for any purpose without further authorization or compensation, and waives all claims relating to such use unless prohibited by law.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to the Event and related events, including risk of injury (including death), exposure to communicable diseases, viruses, bacteria or illnesses or the causes thereof, lost, stolen or damaged property whether occurring before, during, or after the Event, however caused. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. BY ENTERING STADIUM PROPERTY, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19.
The Tournament Parties are not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor same. Tickets may not be used for, or in connection with, any form of commercial or trade purposes, including without limitation contests, gambling or gaming activities, without the express written consent of the Tournament Parties. The first ticket with this barcode scanned will be considered valid and all others will be rejected. Use of tickets in violation of law is prohibited and will result in forfeiture without refund.
RELEASE, WAIVER & COVENANT NOT TO SUE; SEVERABILITY
On behalf of Holder and Holder’s Related Persons, Holder releases and covenants not to sue each of the Released Parties with respect to any and all claims that Holder or any of Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties that relate to any of the risks, hazards and dangers described above, including any and all claims that arise out of or relate in any way to Holder’s (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Event (including all risks related thereto, including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Event; or (iii) interaction between Holder and Released Parties personnel present at Events, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. “Related Persons” means Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder’s or their behalf. “Released Parties” means (i) Tournament Parties and each of their respective affiliates, licensees, lessees, sublessees, agents, owners, officers, directors, employees, contractors (and all employees thereof) and other personnel; (ii) all third parties performing services on Tournament premises; and (iii) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, insurers, representatives, successors and/or assigns of each of the foregoing. If any clause of these Terms is determined to be unenforceable, it shall be deemed severed and not affect the enforceability of any other provisions, which shall be enforced as if the Terms did not contain the unenforceable clause.