Each ticket for a Miami Open (“Tournament”) session at Hard Rock Stadium and the surrounding Miami Open campus (the “Tournament Premises”) is a revocable license that only grants one-time entry into the Tournament Premises and a spectator seat or a standing location (as specified on ticket) for the applicable Tournament session (the “Event”) with no right of re-entry. The person seeking entry pursuant to such ticket license, and any accompanying minors (“Holder”), agrees that such ticket license is subject to these terms and conditions (“Terms”) and by purchase, acceptance, and/or use of such ticket for the Event, Holder is deemed to have read the Terms, understood them, and agreed to be bound by them. The Terms include and incorporate the Tournament Ticket and Accreditation 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 the 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. Admission may be refused or evoked and Holder may be ejected for any reason 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 without cause, stadium capacity limits result in cancellation, the Event is cancelled and not rescheduled for any reason, or for any breach of the Terms, 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 not apply to secondary market tickets, complimentary, series, suite or box tickets or tickets issued with sponsorships.
IN NO EVENT SHALL HOLDER BE ENTITLED TO SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THE TICKET. ANY DISPUTE OR CLAIM IN ANY WAY RELATED TO THE TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION BEFORE JAMS IN MIAMI PURSUANT TO ITS STREAMLINED RULES AND APPLYING FLORIDA SUBSTANTIVE LAW, REGARDLESS OF WHERE HOLDER RESIDES OR FROM WHERE HOLDER PURCHASED THEIR TICKET. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO ASSERT 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.
Event schedules (including schedule of play) are subject to change by the Tournament Parties in their sole discretion; no such change shall entitle Holder to a refund or remedy at law or in equity if Holder cannot attend or for any other reason. Holder may also be relocated to alternative seats in the sole discretion of the Tournament Parties, and no relocation shall entitle Holder to a refund or other remedy if Holder is relocated to a location of comparable Face Value.
Holder must comply with all Tournament Parties policies, including without limitation any policies addressing security, fan conduct, health and safety, and bags. Holder and Holder’s belongings may be searched or assessed. Prohibited items may be confiscated. Holder consents to such searches and assessments and waives all claims relating thereto. If Holder does not consent to such searches, Holder acknowledges the Tournament Parties have the right to deny or revoke Holder’s admission or eject Holder without refund. The Tournament Parties reserve the right to deny or revoke the admission of any person who the Tournament Parties determine, in their sole discretion, poses a risk to the health or safety of other attendees 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 such activity) (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 or related events (“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 or related events (“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, partners, 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 and potential claims relating to such use unless prohibited by law.
HOLDER KNOWINGLY 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, or lost, stolen or damaged property whether occurring before, during, or after the Event, however caused. The Tournament Parties and Released Parties are not responsible for any loss or damage howsoever caused to Holder or Holder’s property to the maximum extent permitted by law. 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. ACCORDING TO THE CDC, 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, any advertising, promotions, 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 seizure, revocation, and forfeiture without refund.
RELEASE, WAIVER & COVENANT NOT TO SUE
On behalf of Holder and Holder’s Related Persons, Holder knowingly and voluntarily 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, without limitation, any and all claims that arise out of or relate in any way to Holder’s (i) entry into, or presence within or around, the Event (including all risks related thereto, including without limitation in parking areas or entry gates, or associated with locations near Tournament play) or compliance with any protocols applicable to the Event; or (ii) 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.
As used herein:
“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 direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and all employees thereof) and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Tournament Premises, Stadium, and related Stadium grounds (including, without limitation, parking areas and entry gates); (iii) all third parties performing services on Tournament Premises; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, subcontractors, 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.
If any provision of these Terms is determined to be invalid, illegal, or 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 invalid, illegal, or unenforceable provision.