KANSAS CITY CURRENT
TICKET TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION 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.
BY TENDERING PAYMENT FOR A TICKET (DEFINED HEREIN) AND/OR ACCEPTING OR USING A TICKET, HOLDER (DEFINED HEREIN) SIGNIFIES ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Agreement (“Agreement”) is made by and between the purchaser of record of a season ticket membership package (“Account Holder”), the purchaser of record of a Single Game Ticket (defined below) and/or the person who actually uses a Ticket to enter Children’s Mercy Park (the “Venue”) for a Kansas City Current game (“Game”), as applicable (each, the “Holder”), on the one hand, and KC WFC, LLC (“KC Current”) on the other hand (collectively, “Parties”), governing Holder’s purchase and/or use of tickets for admission and seating (each, a “Ticket”) to attend a Game at the Venue. As determined solely by KC Current, Tickets may be offered for a single, specified Game (a “Single Game Ticket”) or through a package providing Account Holder the right to purchase Tickets to multiple Games in one transaction (a “Ticket Package”). This Agreement and applicable terms contained herein apply to Ticket Packages and Single Game Tickets. In consideration of the following promises and mutual covenants, the receipt and adequacy of which are acknowledged, the Parties agree as follows:
I. TERMS AND CONDITIONS OF TICKET USE
1. Compliance with Laws and Venue Rules. Holder will be bound by all terms and conditions upon which Tickets for admission to the Venue are issued and will observe at all times the rules, regulations, policies and limitations related to admission, behavior and use of the Venue, including any security and fan conduct policies, health and safety policies and assessments, and applicable bag policies, as determined on an on-going basis (“Venue Rules”), and all applicable laws, statutes, rules, regulations, guidelines, decisions and orders of any applicable federal, state or local governments, administrative agencies and commissions (collectively, “Laws”). KC Current and the Venue (as applicable) reserve the right to refuse admission, eject, and/or or revoke the right to enter or remain in the Venue, without refund, for anyone failing to comply with Venue Rules or Laws or engaging in any misconduct, as determined by the Venue in its sole discretion. The then-current Venue Rules can be found on the Venue’s website at https://www.sportingkc.com/stadium/. The Venue reserves the right, at any time and with or without notice to Holder, to amend or supplement its Venue Rules as it deems necessary on an on-going basis, and it is Holder’s obligation to be familiar with and comply with the Venue Rules in effect at the time a Ticket is used.
8. Event-data. Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Game. Violators are subject to ejection, in addition to all penalties and remedies provided by law, and in this Agreement.
1. Lost Tickets. KC Current is not responsible for lost, stolen, misplaced or forgotten Tickets. At the sole discretion of KC Current, Tickets may be replaced for an additional cost. If a replacement Ticket is issued, such replacement will be honored over the original, and the original Ticket will be null and void.
2. Assumption of Risk. Holder assumes all risks of injury, loss and other dangers arising from or related to admission to the Venue, including but not limited to spectator or player interaction, facility conditions, flying balls, drones, equipment, parts and any other object(s) and other hazards associated with attending a live soccer event in a public forum, using the Tickets and/or becoming exposed to or contracting an Illness (as defined in Section I.D below), whether occurring prior to, during, or after the Game, howsoever caused and whether by negligence or otherwise. Except to the extent due to their own gross negligence or willful misconduct, to the maximum extent permitted by law, KC Current, the League, and each of their parent(s), subsidiaries, affiliates, related entities, vendors, sponsors, officers, directors, partners, shareholders, owners, members, employees, agents, successors and assigns, whether past, present or future and whether in their institutional or personal capacities (collectively, the “Released Parties”) are not liable or responsible for any loss, damage or injury to any person or property in or around the Venue or in connection with any Game resulting from any cause.
3. Waiver of Liability. On behalf of Holder and Holder’s Related Persons (defined below), 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 in the preceding paragraph, 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 an Illness; (ii) Holder’s entry into, or presence within or around, a Game at the Venue (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols or Security Requirements applicable to each Game; (iii) any interaction between Holder and any personnel of any of the Released Parties present at a Game; or (iv) any act or omission on the part of any of the Released Parties in connection with monitoring or policing protocols applicable to any Game, 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. TO THE EXTENT THAT HOLDER OR ANY OF RELATED PERSONS, OR PERSONS WHO CLAIM THAT THEY CONTRACTED AN ILLNESS FROM HOLDER OR HOLDER'S RELATED PERSONS, FILE A CLAIM, SUIT OR ARBITRATION AGAINST ANY OF THE RELEASED PARTIES ARISING FROM OR RELATING TO THESE TERMS OR A GAME AT THE VENUE, 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 (“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. “Related Persons” means Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Game with Holder or for whom Holder has obtained a Ticket, including but not limited to minors for whom Holder is a parent or legal 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 or their behalf.
1. Safety Requirements. Due to the uncertainty related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”), a Ticket and Holder’s admission to the Venue are subject to all safety and health requirements and policies put in place by the Venue, KC Current and the League, including any requirements relating to facemasks and/or enhanced health screenings (which may include a requirement that the Holder, and any person for whom Holder obtains a ticket or is in the Holder’s party, be tested for and/or vaccinated for COIVD-19 prior to a Game) and those policies and requirements set forth herein. Such policies and requirements as they may be updated from time to time (in the sole determination of the Venue, KC Current and/or the League, as applicable) and as they may be communicated to the Holder prior to or during a Game (whether orally or in writing) by, for example, posting on the Venue website or instructions provided by KC Current or Venue personnel or signage in or around the Venue, are collectively referred to below as the “Safety Requirements”. Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during a Game) and acknowledges and agrees that attendance at a Game is conditioned on such compliance.
2. Assumption of Risk. BY ATTENDING A GAME, HOLDER EXPRESSLY ACKNOWLEDGES AN INHERENTRISK OF EXPOSURETO COVID-19 AND/OR OTHER ILLNESS EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. WHILE PEOPLE OFALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN CATEGORIES OF PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS. HOLDER VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury (including death, sickness (including illness and other risks of exposure to COVID-19, and any strains, variations, adaptations or mutations thereof, the coronavirus that causes COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof each, an “Illness”), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Game, whether occurring prior to, during, or after the Event, however caused and whether by negligence or otherwise.
3. COVID-19 Health Promise. In order to help mitigate the risk of transmission of COVID-19, Holder agrees on behalf of Holder and Holder’s Related Parties, that Holder and each such individual will not attend any Game if any such individual has tested positive for COVID-19 within the past five (5) days. Individuals that come into close contact with someone with COVID-19 should follow CDC recommendations to quarantine, get tested wear a well-fitting mask.
1. Arbitration; No Class Actions. Should any current or future dispute, claim or cause of action related to this Ticket or a Game arise between Holder and KC Current and/or the League, Holder shall send a written notice describing the issue (a “Dispute Notice”) to KC Current Legal Department, 1 Teal Rising Way, Riverside, MO 64150. Holder and KC Current and/or League agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in Kansas City, MO conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021. The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder. 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 exclusively to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. HOLDER, KC CURRENT AND LEAGUE (AS APPLICABLE) AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE VENUE.
2. Waiver and Amendment. Failure to enforce any provision of this Agreement will not be a waiver or prevent enforcement of the same or any other provision of this Agreement. KC Current may amend or supplement the terms and conditions of this Agreement as it deems necessary on an on-going basis. By accepting and/or using a Ticket, Holder is deemed to have read and agreed to the terms of this Agreement then in effect.
II. TERMS SPECIFIC TO SINGLE GAME TICKET PURCHASES ONLY
III. TERMS SPECIFIC TO TICKET PACKAGES ONLY
3. No Rights to Other Events. Account Holder acknowledges and agrees that only the Kansas City Current regular season Games and up to three (3) Challenge Cup games are included in the Ticket Package. As determined by KC Current in its sole discretion, Account Holder may from time to time receive, but is not guaranteed, the right to purchase Single Game Tickets for games or events other than the Games included in the Ticket Package involving the Kansas City Current, including, without limitation, the post-season games conducted by the League (“Post-Season Games”), non-game events at the Venue (regardless of whether or not the KC Current is involved), or any games or events involving KC Current not played at the Venue (e.g. concerts, conventions, collegiate games, international friendlies, and U.S. Soccer-sanctioned games). KC Current may, in its sole discretion, offer Account Holder the ability to purchase Single Game Tickets for the Post-Season Games, non-game events or other games or events, subject to the terms of this Agreement, the rules of event promoters and the Constitution and Bylaws, resolutions, rules and regulations, policies, limitations and interpretations of the League, as determined by the League on an on-going basis, including any Collective Bargaining Agreement between the League and/or its members and other parties; all agreements, consent decrees and settlements of a League, League members and/or other persons in furtherance of League business; and any national network agreements, corporate marketing, licensing, sponsorship or similar agreements between the League and third parties, as each presently exist and as each are hereafter enacted, amended, modified, supplemented, interpreted, made and enforced.
4. Seat Relocation. KC Current reserves the right to relocate and/or revoke specific seat locations due to Venue renovations, fan comfort, health and safety concerns and other circumstances deemed appropriate by KC Current in its sole and absolute discretion.
8. Account Transfers. Absent KC Current’s written consent, which may be withheld or granted in KC Current’s sole discretion, Account Holder has no right to transfer any Account right or privilege, in whole or in part, to any person or entity, to another name, or by an attempt to transfer the seat locations by sale, gift, transfer by will or trust, property settlement, transfer to creditors or any other means. The foregoing shall not be construed as any prohibition on an Account Holder from lawfully selling or transferring the Tickets themselves. Therefore, any attempt to sell or otherwise transfer Account rights and privileges may result in KC Current’s cancellation of this Agreement and/or the Account. Any court order directing the distribution of Tickets or Account rights and privileges to a person or entity not listed as the Account Holder, whether in bankruptcy or otherwise, will result in KC Current’s exercise of its right to immediately terminate this Agreement and the Account (with KC Current promptly refunding to the Account Holder any amounts paid for Tickets to attend Team Games not played as of the effective date of termination, if any).
Notwithstanding the foregoing, KC Current will typically allow an Account Holder to request transfer of the Account to a member of the Account Holder’s immediate family. Any such request must be submitted in writing for KC Current’s approval (which may be granted or withheld in KC Current’s sole discretion) and must be supported by appropriate documentation (e.g., proof of relationship) satisfactory to KC Current.
9. Upgrades. Account Holders who are full-season ticket holders may request an upgrade of the location of the seat locations corresponding to the Tickets. All seat location upgrades will be granted or rejected in the sole discretion of KC Current and are at all times subject to the availability of seats in the Venue.
B. COSTS AND PAYMENT.
C. TERM AND SEASON TICKET PACKAGE RENEWAL.
1. Account Holder Default. If Account Holder fails to pay any amounts when due, fails to perform any duty or obligation hereunder or otherwise materially breaches this Agreement, or if Holder or member of Holder’s party violates any Venue Rules or Laws while using a Ticket, KC Current may, without limiting any of its rights under this Agreement, withhold distribution of Tickets and/or terminate this Agreement (and the corresponding Account(s)) immediately upon notice to Account Holder. Upon termination of this Agreement, Account Holder will forfeit all rights to the Tickets and Account Holder’s obligation to pay the outstanding balance of the any amounts due to KC Current by Account Holder, if any, will be immediately due and payable. Termination of this Agreement will not affect Account Holder’s obligations under this Agreement for amounts due to KC Current or otherwise limit the rights and remedies available to KC Current. KC Current’s acceptance of the partial payment of any amounts due by Account Holder will not constitute a forfeiture or waiver of its right to receive the full amounts owed or of any other right or remedy available to KC Current at law or in equity.
2. KC Current Breach. If Account Holder terminates this Agreement due to a material breach by KC Current, Account Holder’s sole remedy will be a credit or refund, as determined by KC Current, of the amount already paid to KC Current by Account Holder, excluding any amount allocable to Tickets, parking passes or other benefits already received and/or used by Account Holder.
3. Nonoccurrence or Relocation. Notwithstanding anything herein to the contrary, if any Game does not occur at the Venue for any reason or is held at the Venue but at a time and/or date other than originally scheduled, KC Current will not be in breach of this Agreement. If a Game does not occur at the Venue and, as a result, the number of Tickets granted under this Agreement is reduced from the amount specified in the Statement, Account Holder will not be charged for any such Tickets, or, if Account Holder has already made payment for such Tickets, Account Holder will receive a pro rata credit or refund equal to the price of such Tickets as specified in the Statement.
4. For Convenience. KC Current may terminate this Agreement at any time by providing written notice to Account Holder. If applicable, within a reasonable time after termination, KC Current will return a pro rata portion of the amounts paid hereunder for Tickets to Games occurring after the effective date of termination.
Last updated July 12, 2022
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