SABERCATS, LLC
Ticket Terms & Conditions
1. PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND JURY TRIAL AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED EVENT FOR WHICH IT IS ISSUED.
2. This ticket is a revocable license that only grants a one-time entry into the SaberCats Stadium for the specified game of SABERCATS LLC or any entertainment, attractions, warm-ups, practices, or surrounding activities offered in connection therewith (the “Event”). Unless otherwise announced, no person over five years old may enter the Facility without a ticket, and re-entry is prohibited. The person seeking entry pursuant to this license, and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the "Holder"), agrees that this ticket is subject to the following terms and conditions (the "Agreement"), as well as any other terms and conditions the Houston SaberCats may establish (collectively, all such additional terms, “Supplemental Terms”). Supplemental Terms include, without limitation, the health and safety requirements and other terms rules and policies established by the Facility or Major League Rugby. Holder is solely responsible for reading and understanding the Agreement and Supplemental Terms before using this ticket and by acceptance and/or use of such ticket for the Event, Holder is deemed to have read the Agreement and Supplemental Terms and agrees to be bound by them. The terms of this Agreement or Supplemental Terms may be updated at any time, without notice, and Holder's use of this ticket after such change is posted will mean that Holder accepts such change(s).
3. Due to the uncertainty related to COVID-19, this ticket and the Holder’s admission to the applicable Houston SaberCats event venue, arena, or stadium or related venue, arena, or stadium grounds (including without limitation, parking areas and entry gates) (the “Facility”) are subject to all safety and health requirements and policies put in place by the Houston SaberCats and Facility management, including without limitation requirements relating to face coverings and enhanced health screenings (which may include a requirement that the Holder, and any person in the Holder’s party, show proof of COVID-19 vaccine, negative COVID-19 test prior to the Event) and those policies and requirements described in the Supplemental Terms. Such policies and requirements as they may be updated from time to time between purchase of this ticket and the Event date (in the sole determination of the Houston SaberCats and/or Facility management) and as they may be communicated to the Holder prior to or during the Event (whether orally or in writing) by, for example, instruction provided by Facility personnel or signage in or around the Facility, are collectively referred to below as the “Safety Requirements”. The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance. The Houston SaberCats and Facility management shall have the right to deny admission without a refund to Holder or anyone in Holder's party who refuses to submit to a health screening condition for admission to the Facility, in its sole discretion. In the event of a failed health screening condition by Holder or anyone in Holder’s party, as determined by the Houston SaberCats or Facility management, as applicable, in its sole discretion, Holder’s exclusive remedy shall be an account credit or a refund of the Face Value (defined below) of the ticket as determined by the Houston SaberCats, in its sole discretion.
4. The Holder agrees that neither the Holder, nor anyone in the Holder’s party, will attend the Event if any one or more of the following is true on the day of such Event: a. Within the prior 14 days, the Holder has (or any person in the Holder’s party or with whom the Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19; or b. Within the prior 48 hours, the Holder has (or any person in the Holder’s party or with whom the Holder has had 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).
5. ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY), including if admission is refused or revoked, if Facility capacity limitations result in Holder’s ticket(s) being cancelled, if the Event is relocated outside of SaberCats Stadium, or if the Event is cancelled and not rescheduled/replayed for any reason, or held without spectators, is an account credit or a refund of the face value of the ticket as determined by Houston SaberCats in its sole discretion (“Face Value”). Once an Event begins, it is deemed fully performed and no refunds will be given. No refund or remedy will be provided if the Event is postponed or rescheduled, or if Holder is ejected from or refused entry to the Facility. Further, Management’s liability for breach of any term of this Agreement shall not exceed the Face Value. IN NO EVENT SHALL THE HOUSTON SABERCATS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF THE FACE VALUE FOR THIS TICKET.
6. Breach of any of the terms of this Agreement or Supplemental Terms, failure to comply with Safety Requirements or Facility rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize Management to withdraw the ticket, refuse admission to the Facility, or eject the Holder from the Facility, without refund in each case, and subject the Holder to all legal remedies available to Management.
7. The date and time of the Event (and the opening of Facility doors) are subject to change by the Houston SaberCats in its sole discretion, and no such change shall entitle Holder to a refund or any other remedy if Holder cannot attend the Event or for any other reason. Holder’s seat may be relocated in the sole discretion of the Houston SaberCats, and no such relocation shall entitle Holder to a refund or any other remedy if Holder is relocated to a seat of comparable value as determined by the Houston SaberCats in its sole discretion.
8. Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity), in any medium now or hereafter existing, any information about the Event including, but not limited to: (i) any form, description or account (whether text, data or visual) and including, without limitation, play-by-play data of the Event or related events, or the Facility (collectively, the "Descriptive Data") for any commercial or non-personal purpose; (ii) any photographs, images, videos, audio or other form of display or public performance or reproduction of any portion of the Event or related events, the or Facility (the "Works") for any commercial or non-personal purpose; or (iii) livestreams of any portion of the Event or related events, or the Facility (the "Livestreams"). Notwithstanding the foregoing, Holder agrees that by using this ticket for entry into the Facility, Holder shall be deemed to have signed this ticket and grants the Houston SaberCats an exclusive, worldwide, irrevocable, perpetual, sublicensable, royalty-free license to all rights associated with the Works the Livestreams, and, to the extent permitted by law, the Descriptive Data. Holder agrees that the Houston SaberCats, any applicable third-party promoter, and any featured corporate sponsor/partner, each as applicable, is the exclusive owner of all copyrights and other proprietary rights in the Event or related events.
9. Holder irrevocably grants to the Houston SaberCats and each of its respective past, present, and future parents, subsidiaries, affiliates, related companies, agents, officers, employees, and owners (collectively, the “Entities”) and each of their respective current and future sponsors, advertisers, broadcasters, designees, partners, agents and licensees the unrestricted 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, feature and/or other recording taken at the Facility or in connection with the Event or other transmission, distribution, public performance, or reproduction in whole or in part of the Event, for any and all purposes, including without limitation, advertising, publicity, sales relating thereto, or any other purposes in connection with the Event or Entities and their goods, services or other businesses, worldwide, in perpetuity, and in any and all media now or hereafter known, without further authorization or compensation. Holder acknowledges that Holder has no expectation of privacy in connection with Holder’s attendance at the Event. The rights granted herein to the Entities are assignable.
10. Holder: (a) consents to allowing Facility management to inspect Holder’s person and/or any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks, or otherwise prior to or upon entry into the Facility or at any other time while at the Facility; and (b) acknowledges and agrees that Holder may be denied entry to or ejected from the Event and/or Facility, if Holder is in possession of any item or object that the Houston SaberCats or Facility management considers potentially dangerous, hazardous, inappropriate, and/or injurious to other patrons, and any prohibited items may be confiscated. Holder consents to security searches and/or screening of Holder and waives any claims that Holder might have against the Released Parties (as defined below). Holder acknowledges that neither the Houston SaberCats nor Facility management has any liability for Holder’s person or property.
11. Resale of this ticket is prohibited except as authorized by applicable law. Any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including any pre-Event requirements established by the Houston SaberCats or Facility management) may be voided and this ticket cancelled. Tickets obtained from unauthorized sources may be lost, stolen, or counterfeit and such tickets may not be honored by the Houston SaberCats or Facility management. Holder assumes all risk associated with the purchase of this ticket from anyone other than Houston SaberCats or its designated agents. This ticket may not be used for advertising, promotion, contests, sweepstakes, giveaways, gambling or gaming activities, or other trade or commercial purposes, without the express written consent of the Houston SaberCats. The Houston SaberCats are not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor such tickets. Use of this ticket in violation of any law is strictly prohibited and will result in seizure, revocation and/or forfeiture of this license without refund.
12. The invalidity or unenforceability of any provision of this Agreement or the Supplemental Terms shall not affect the enforceability or effectiveness of any other provision. If any portion of this Agreement or the Supplemental Terms shall be held invalid or unenforceable, such provision will be amended to the minimum extent necessary to make such provision enforceable and the remaining portion(s) thereof shall not be affected thereby and shall remain in full force and effect to the fullest extent permitted by law.
13. Retain possession of this ticket until the Event has occurred. This ticket cannot be replaced if lost, stolen, or destroyed. This ticket is good only for this particular Event and no part of the purchase price will be refunded by reason of the failure of Holder to use it for this Event.
14. ENTERING THE RUGBY FIELD AREA, DISRUPTING AN EVENT, AND/OR ATTEMPTING ANY PHYSICAL CONTACT WITH ANY PLAYER OR EVENT PARTICIPANT IS A CRIME PUNISHABLE BY FINE AND/OR IMPRISONMENT. VIOLATORS MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. SMOKING IS PROHIBITED AT THE FACILITY.
ASSUMPTION OF RISK
15. HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS arising from or relating in any way to the Event, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus, or other pathogen capable of causing a communicable disease or illness); the danger of being injured by flying equipment, promotional materials, or other objects; thrown, dropped, or launched items (including without limitation, t-shirts, beads, or other item thrown by the entertainment crew or other spectators); projectiles; persons (including without limitation players or other spectators); animals; other hazards or distractions; any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators; the risk of lost, stolen or damaged property; and/or personal injury of any kind (including death), whether occurring before, during, or after the Event, including without limitation a rugby game (including all warmups, practices, pre-game, and post-game activities, promotions, and competitions), however caused, and hereby waives all claims and potential claims relating to such risks, hazards and dangers.
16. AN INHERENT RISK OF EXPOSURE TO COVID-19 OR ANY VARIATION THEREOF EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT, INCLUDING THOSE WITH OR WITHOUT MASKS AND ADDITIONAL PERSONAL PROTECTIVE EQUIPMENT ("PPE") OR IMPROPERLY USING MASKS OR PPE. COVID-19 IS AN EXTREMELY CONTAGIOUS VIRUS THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CDC ADVISES THAT SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. BY ENTERING THE FACILITY, FACILITY GROUNDS, OR FACILITY PARKING AREAS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19 OR ANY VARIATION THEREOF. WAIVER, RELEASE OF LIABILITY & COVENANT NOT TO SUE.
17. As used herein: “Related Persons” means Holder's heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder, including but not limited to minors for whom Holder is a parent or guardian (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 (a) the Entities, (b) the Facility and the owners and operators thereof and all local or state governmental bodies associated with the Facility; and (c) all past, present, and future parents, affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives, and independent contractors of such entities.
18. On behalf of Holder and Holder’s Related Persons, on whose behalf Holder represents it has the authority to act with respect to this ticket and the matters herein, Holder RELEASES, WAIVES, and COVENANTS NOT TO SUE each of the Released Parties with respect to any and all claims, including for negligence and/or wrongful death, 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 and damages of any kind or character that arise out of or relate in any way to (i) Holder's exposure to COVID-19 or any variation thereof; (ii) Holder's entry into, or presence within or around, an Event at the Facility (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to each Event; (iii) any interaction between Holder and any personnel of any of the Released Parties present at each Event; (iv) any act or omission on the part of any of the Released Parties in connection with monitoring or policing protocols applicable to each Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. Holder further represents and warrants that Holder's Related Persons have reviewed this Agreement and separately agreed to them.
19. TO THE EXTENT THAT HOLDER OR ANY HOLDER'S RELATED PERSONS, OR PERSONS WHO CLAIM THAT THEY CONTRACTED COVID-19 OR ANY VARIATION THEREOF FROM HOLDER OR HOLDER'S RELATED PERSONS, FILE A CLAIM, SUIT OR ARBITRATION AGAINST ANY OF THE RELEASED PARTIES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE EVENT AT THE FACILITY, HOLDER HEREBY AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST SUCH CLAIM, SUIT OR ARBITRATION TO THE FULLEST EXTENT PERMITTED BY LAW. IT IS ACKNOWLEDGED AND AGREED THAT THE RELEASED PARTIES ARE USING COMMERCIALLY REASONABLE EFFORTS TO ENSURE AND ENFORCE COMPLIANCE WITH APPLICABLE CDC GUIDELINES AND STATE AND LOCAL LAWS FOR PROTECTION AGAINST COVID-19 OR ANY VARIATION THEREOF ("COVID-19 BEST PRACTICES"), HOWEVER, NOTWITHSTANDING, HOLDER AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FOR ANY FAILURE OF THE RELEASED PARTIES TO ENSURE OR ENFORCE ANY COVID-19 BEST PRACTICES.
20. Holder further releases the Released Parties from and against any and all claims which Holder has or may have for invasion of privacy, defamation, violation of any right of publicity, right of privacy, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisements, promotions, content, programs, and/or materials in which recordings or photographs of Holder from the Event appear.
21. BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
22 IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE EVENT WITH THE MINOR(S) OR NOT ENTER THE FACILITY.
23. Holder shall indemnify and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys' fees and expenses), expenses, and liability arising out of, incidental to or related in any way to Holder’s use of the ticket.
DISPUTE RESOLUTION
24. The Houston SaberCats care deeply about maintaining good relationships with fans and are committed to working with Holder to reach a reasonable resolution if Holder has a problem with Holder’s ticket or the Event; however, the Houston SaberCats can only do this if the Houston SaberCats knows about and understands Holder’s issue. Therefore, for any problem or dispute that Holder may have with the Houston SaberCats relating to this Agreement, the Supplemental Terms, Holder’s ticket or the Event, Holder acknowledges and agrees that Holder will first give the Houston SaberCats an opportunity to resolve Holder’s problem or dispute. Accordingly, Holder agrees that, if a dispute arises between Holder and the Houston SaberCats, Holder will first contact the Houston SaberCats customer service to describe the problem and seek a resolution. Holder then agrees to negotiate with the Houston SaberCats in good faith about Holder’s problem or dispute. This should lead to resolution, but if for some reason Holder’s problem or dispute is not resolved satisfactorily within sixty (60) days, then Holder and the Houston SaberCats agree to the following methods to resolve any dispute or claim between them. First, Holder agrees that this Agreement and Supplemental Terms are governed by the law of the State of Texas, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, Holder agrees that Holder will seek arbitration in accordance with the Arbitration Agreement below.
MANDATORY ARBITRATION AGREEMENT & JURY TRIAL & CLASS ACTION WAIVER ("ARBITRATION AGREEMENT")
25. ANY DISPUTE, CLAIM, CONTROVERSY, OR CAUSE OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE SUPPLEMENTAL TERMS, OR BREACH THEREOF, OR THE EVENT, THAT IS NOT RESOLVED INFORMALLY, INCLUDING, BUT NOT LIMITED TO, TORT CLAIMS OF ANY KIND, STATUTORY CLAIMS OF ANY KIND OR ANY OTHER CLAIMS FOR RELIEF UNDER ANY OTHER LEGAL THEORIES, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITRATION SHALL BE HELD IN HOUSTON, TEXAS. THE PREVAILING PARTY IN ALL SUCH ARBITRATIONS SHALL BE ENTITLED TO RECOVER ITS ATTORNEYS' FEES AND COSTS FROM THE OTHER PARTY.
26. EACH PARTY WAIVES THE RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHTS TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING, WITH RESPECT TO ALL CLAIMS HEREUNDER. IF MINOR(S) IS/ARE ACCOMPANYING HOLDER TO THE EVENT, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE HOLDER MUST LEAVE THE EVENT IMMEDIATELY OR NOT ENTER THE FACILITY. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF THE ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE EVENT WITH THE MINOR(S) OR NOT ENTER THE FACILITY. NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
27. READ THIS AGREEMENT AND SUPPLEMENTAL TERMS COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THE EVENT, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY ATTENDING THE EVENT BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE EVENT WHICH CANNOT BE AVOIDED OR ELIMINATED. BY ENTERING THE FACILITY YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUPPLEMENTAL TERMS AND YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE EVENT. YOU HAVE THE RIGHT TO REFUSE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUPPLEMENTAL TERMS BY NOT PERMITTING YOUR CHILD ENTRY TO THE FACILITY.
28. Holder agrees that by use of the ticket and entry into the Facility (including, without limitation, parking areas and entry gates), it shall be construed that Holder has read and consented to accept this Agreement with the same force and effect as if Holder signed this Agreement, including but not limited to, the form waiving and assuming the risk of inherent risks on behalf of a minor child.