New York Red Bulls 2021 Ticket Policy
The purchase and/or use of tickets, and attendance at any event held at the arena currently known as Red Bull Arena, located at 600 Cape May Street, Harrison, NJ 07029, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the “Arena”) is subject to the following terms and conditions:
ALL TICKET SALES ARE FINAL. THERE ARE NO REFUNDS OR EXCHANGES EXCEPT AS SET FORTH HEREIN. TICKETS MAY NOT BE TRANSFERRED OR RESOLD, EXCEPT PURSUANT TO RBNY (AS DEFINED BELOW) POLICIES OR AS OTHERWISE PERMITTED BY LAW. DATES AND TIMES OF THE EVENT ARE SUBJECT TO CHANGE OR CANCELLATION AND NO SUCH CHANGE SHALL ENTITLE THE HOLDER TO A REFUND EXCEPT AS SET FORTH HEREIN. THE SOLE AND EXCLUSIVE REMEDY OF HOLDER 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 RBNY; PROVIDED, THAT NEITHER RBNY NOR ANY OTHER SOCCER PARTY (AS DEFINED BELOW) SHALL BE REQUIRED TO ISSUE A REFUND SO LONG AS THE HOLDER IS GIVEN THE RIGHT, WITHIN 12 MONTHS OF THE DATE OF THE ORIGINAL EVENT, TO ATTEND A RESCHEDULED PERFORMANCE OF THE SAME OR TO EXCHANGE A TICKET FOR A COMPARABLE TICKET TO ANOTHER SIMILAR EVENT AS DESIGNED BY MLS OR RBNY IN THEIR SOLE DISCRETION.IN NO EVENT SHALL ANY SOCCER PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND PRINTED PURCHASED PRICE OF THE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, A TICKET SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. HOLDER AND THE SOCCER PARTIES 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 HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE ARENA. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
The holder of an original ticket to an Event (the “Ticket”), on behalf of itself and any accompanying minors (collectively, "Holder"), agrees admission is contingent on agreement to comply with (a) the terms and conditions herein, (b) the Arena Rules of Conduct available at http://www.newyorkredbulls.com/redbullarena/stadium-policies, (c) Major League Soccer L.L.C.’s (“MLS”) Fan Code of Conduct available at http://www.mlssoccer.com/fan-code-of-conduct, (d) the MLS Spectator Waiver set forth below, and (e) to the extent applicable, the Mobile Ticketing Policies available at https://www.newyorkredbulls.com/mobiletickets (collectively, the “Terms”). By using a Ticket to enter the Arena, Holder is deemed to have read the Terms and agreed to be bound by them.
Each Ticket is a revocable license that only grants the Holder a one-time entry to the Arena and a spectator seat for the specified match or other event listed on the front of the Ticket (the “Event”), which may be withdrawn and admission refused any time upon refunding the face value of (printed on) the Ticket (“Ticket Value”), all as determined in the sole discretion of RBNY and MLS. Each of Red Bull New York, Inc., Red Bull Arena, Inc. (together referred to herein as, “RBNY”) and MLS reserve the right to: (a) eject, or refuse to admit, any ticketholder without a refund from the premises for disorderly behavior, inappropriate behavior or abusive language or for failing to comply with the Terms, any other posted regulations of RBNY or MLS or any other terms and conditions contained herein, and may result in forfeiture of season ticket privileges and/or other legal action (as determined in RBNY’s sole discretion); and (b) confiscate any bottles, cans, coolers or other prohibited items listed in any posted regulations of RBNY or MLS. RBNY and MLS reserve the right to reject duplicate, lost, stolen or counterfeit tickets.
Holder and Holder's belongings may be searched upon entering the Arena. Holder consents to such searches and waives any and all claims relating to them. If Holder does not consent to such searches, Holder may be denied entry or ejected from the Arena (in the sole discretion of RBNY) without refund. Refund to Holder of the Ticket Value shall automatically terminate Holder’s rights hereunder.
RBNY is mobile ticketing only. Information, policies and terms on mobile tickets are set forth at https://www. newyorkredbulls.com/mobiletickets and are a part of these terms and conditions. Tickets may not be used for advertising, promotion (including contests, giveaways or sweepstakes) or other commercial or trade purposes without the express prior written consent of the RBNY or MLS (“Commercial Use”). The unauthorized Commercial Use of a ticket, or resale or attempted resale of a Ticket on RBNY property or as otherwise prohibited by law, is grounds for seizure, cancellation and/or revocation of the Ticket license without refund or compensation.
RBNY’s sale of season tickets (i.e., Red Memberships) during any MLS season is limited to no more than eight (8) per individual or entity. The foregoing restriction does not apply to Supporter Clubs, Corporate Partners, Training Partners, Broker Partners, or Youth Soccer Partners of RBNY and/or its affiliates, or individuals or entities that are not Resellers (as defined below). Further, except for RBNY Broker Partners, individuals and/or entities who purchase tickets with the intent to resell those tickets (“Resellers”) are not eligible to purchase tickets under RBNY’s “Group Tickets” program - i.e., 15 or more tickets to any single New York Red Bulls home game.
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 a Ticket to enter the Arena, Holder shall be deemed to have signed such Ticket and granted RBNY and MLS an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. Holder also grants irrevocable permission to MLS and RBNY (and their sponsors, licensees, advertisers, broadcasters, designees and agents) to use, publish, edit, and alter Holder’s image, likeness, voice, biography, actions and statements (collectively, such Holder’s “Likeness”) in any manner and in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, publication or reproduction of the Event for any purpose (including in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event), in perpetuity without further authorization or compensation and waives all claims and potential claims relating to such use unless prohibited by law.
Each Holder: (a) VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS ARISING FROM OR RELATING IN ANY WAY TO THE ARENA OR EVENT, INCLUDING, WITHOUT LIMITATION, THE RISK OF CONTRACATING 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 PERSONAL INJURY OR DEATH, HOWEVER CAUSED, WHETHER BY PLAYERS, BY OTHER PEOPLE OR BY OBJECTS SUCH AS BALLS ENTERING THE SPECTATOR AREA, OR OTHERWISE, THE RISK OF LOST, STOLEN OR DAMAGED PROPERTY AND ALL OTHER HAZARDS ARISING FROM OR RELATED IN ANY WAY TO THE ARENA OR EVENT, WHETHER OCCURING PRIOR TO, DURING OR AFTER THE EVENT (INCLUDING, WITHOUT LIMITATION, THE RISK OF INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OR MISCONDUCT OF THE SOCCER PARTIES (AS DEFINED BELOW) OR OTHER SPECTATORS) and (b) agrees to release and hold harmless each of MLS, RBNY, Red Bull Arena, Inc., RBNY Academy, Inc., Red Bull GmbH, Red Bull Soccer International, Soccer United Marketing, LLC, the promoters and each of their respective employees, players, musicians, officers, directors, members, partners, owners, affiliates, sponsors, contractors, and other agents and their respective affiliates, members, directors, officers, employees, contractors, agents and players (each, a “Soccer Party”, and collectively, the “Soccer Parties”) from any loss, damage or injury (including death) relating to the Arena or Event, including, without limitation, resulting from such Holder’s attendance at an Event.
COVID-19 Health Promise
In order 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 or attempt to enter the Arena if any one or more of the following is true on the day of such Event:
· Within 14 days prior to the Event, Holder has (or any person in Holder’s party 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.
MLS Spectator Waiver
PLEASE READ CAREFULLY BEFORE ACCESSING THE ARENA. 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 and remain at the Arena for any Event, 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 New York Red Bull, Inc., Red Bull Arena, Inc., RBNY Academy, Inc., Red Bull GmbH, and Red Bull Soccer International (collectively, the “Team Entities”) and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Arena 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 ARENA, 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 ARENA OR COMPLIANCE WITH THE ARENA PROTOCOLS OR ANY OTHER POLICIES OR PROTOCOLS APPLICABLE TO THE ARENA; (III) ANY INTERACTION BETWEEN ME AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE ARENA (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.
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) THE DIRECT AND INDIRECT OWNERS, LESSEES, AND SUBLESSEES OF THE ARENA; (III) CONCESSIONAIRES, MERCHANDISERS, OTHER VENDORS, AND ALL OTHER CONTRACTORS PERFORMING SERVICES AT THE ARENA; (IV) OTHER THIRD PARTIES PRESENT AT OR FROM TIME TO TIME BROUGHT TO THE ARENA (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 New Jersey, without regard to choice 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 Arena (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 the MLS Parties 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 Hudson County, New Jersey.
- 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 Arena for which I am present for or participate in, and all Claims arising therefrom, from the date of execution.
I HAVE CAREFULLY READ AND VOLUNTARILY AGREE TO THIS AGREEMENT; I understand its terms and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights and that by signing this Agreement, I will not be able to sue the Released Parties if I suffer any illness, injury, or death for any reason due to the exposure of COVID-19; and I understand that it is a material inducement for my admission to and continued presence at the Arena and that the MLS Parties and the other Released Parties are relying upon it; and, I further agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by any of the MLS Parties or other Released Parties.