PLEASE READ THESE CREDENTIAL USE CONDITIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY AND YOUR INDEMNITY TO US. PLEASE NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
1. Acceptance and use of this credential (this “Credential”) constitutes (i) agreement by the individual holding this Credential (the “Bearer”), on behalf of Bearer and Bearer’s employer or the entity with which Bearer is obtaining this Credential (collectively, the “Bearer Parties”), to abide by the (A) following terms and conditions (the “Credential Use Conditions”), which are also available at [somoslocales.com], (B) conditions on reporting and transmitting updates regarding the Event (as defined herein), and (C) Soccer United Marketing, LLC (“SUM”), Major League Soccer, L.L.C. (“MLS”), professional soccer teams that play in the MLS (“Club”), and/or applicable Stadium (as defined herein) code of conduct and rules, including any rules governing access to the playing area and (ii) the Bearer’s acknowledgement that it has read these Credential Use Conditions.
2. This Credential is issued for the sole purpose of providing stadium or venue (“Stadium”) access to the Bearer in connection with a SUM operated game or other MLS or SUM operated event at the Stadium, including excerpts thereof, in accordance with the details set forth on the front of this Credential (the “Event”). Compliance with these terms is a condition of all uses permitted by this Credential. Any unauthorized use or violation of any term of this Credential (including, without limitation, requesting autographs, taking non-work related photographs, or making any other personal use of this Credential or the Stadium access conferred by this Credential) automatically and immediately revokes all permissions granted in this Credential and subjects Bearer to ejection from the Stadium, prosecution for criminal trespass, Bearer employer revocation of Credentials for future Events, and any other remedies available under law. MLS, Club, SUM, or their designees, in their sole discretion, may at any time revoke this Credential and/or any of the rights granted hereunder for any reason. The Bearer’s right to enter (or re-enter) and remain at the Stadium is conditioned upon compliance with the terms of this Credential and with any and all applicable policies of MLS, Club, or SUM including, without limitation, any security and conduct policies, and any health and safety policies and assessments (including, without limitation, with respect to the risk of exposure to communicable diseases, viruses, bacteria, or illnesses (e.g., COVID-19)). This Credential must be surrendered upon demand by MLS, Club, or SUM. MLS, Club, or SUM may revoke this Credential at any time in its sole discretion, and reserves the right to deny admission or eject any person who MLS, Club, or SUM, in its sole discretion, determines poses a risk to the health and safety of other attendees and the Bearer waives any claims that Bearer might have against MLS, Club, or SUM with respect thereto.
3. This Credential is issued solely to provide Stadium access to an individual with a legitimate working function at the Event solely to perform such function, and Bearer hereby represents, warrants, and covenants that Bearer is attending the Event solely for such purpose. The Bearer must be on a specific assignment as an employee or agent for the organization to which this Credential is issued. If the Bearer ceases to be an employee or agent for such organization, this Credential is hereby automatically revoked. It is forbidden to lend, sell, or otherwise transfer this Credential, including to post or otherwise distribute any photograph or other depiction of this Credential on any mobile or social networking/media platform, any other website or in any other media now existing or invented in the future. This Credential must be worn by the Bearer in full view at all times when entering and within the Stadium.
4. The Bearer’s right to film, tape, photograph or create other recordings, broadcasts, descriptions, accounts or other publications or reports pursuant to this Credential (“Recordings”) is limited to creation, reproduction, transmission, and distribution by accredited linear television networks of the Event solely for news coverage in the ordinary course of their business (“Media Uses”). Television and radio stations may make Media Uses of Events or excerpts thereof only pursuant to MLS or SUM’s news access guidelines, receipt of which is hereby acknowledged by such stations. Any other Media Uses of Events, including without limitation, books, motion pictures, posters, interactive products, advertising, marketing, promotional contests, sweepstakes, or other trade or merchandising uses, or in any form of media whether now or hereafter known, requires the prior specific written agreement of MLS or SUM. The rights to any Media Use or any other use of Recordings or Events, including, without limitation, all copyright, trademark, and other property or ownership rights in Events, and any intellectual property or other proprietary items created or used in connection therewith, are reserved to and shall remain the sole property of MLS.
5. The Bearer Parties understand that (i) 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 risk of exposure to COVID-19 in any place where people are present; (ii) no precautions, including the protocols that will be implemented from time to time by MLS, Club, or SUM and any of their respective direct and indirect parents, affiliates, subsidiaries, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, and contractors (and all employees of such contractors), and other personnel and/or third parties (including, without limitation, federal and state governmental agencies) (collectively, the “Facilities Protocols”), can eliminate the risk of exposure to COVID-19; (iii) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (A) people with certain underlying medical conditions are or may be especially vulnerable, including, without limitation, 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 (B) 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 (iv) 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. The Bearer Parties on behalf of themselves and their respective successors, assigns, heirs, next of kin, or other persons acting or purporting to act on their behalf (“Related Persons”) fully understand and knowingly and voluntarily assume all risks related to obtaining a Credential and being granted access to, traveling to and from, entering, re-entering, or remaining, and providing services at, the Stadium, including, without limitation, the risk of bodily injury, risk of exposure to communicable diseases, viruses, bacteria, or illnesses (including, without limitation, COVID-19), and the causes thereof, sickness, personal injury, disability, other short-term or long-term health effects, and death, and lost, stolen, or damaged property, which might result not only from the Credential bearer’s own actions, inactions or negligence, but from the actions, inactions, or negligence of any of the Released Parties (as defined below). The Bearer Parties accept personal responsibility for any and all damages, liability, and other losses that they or any of their Related Persons may incur in connection with the foregoing risks.
6. The Bearer Parties, on behalf of themselves and each of their Related Persons, hereby knowingly, voluntarily, and 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, without limitation, 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 their or any of their 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) the Bearer’s exposure to COVID-19; (ii) the Bearer’s provision of services at the Stadium; (iii) the Bearer’s travel to or presence within the Stadium or compliance with any Facilities Protocols or any of the other policies or protocols applicable to the Stadium; (iv) any interaction between the Bearer and any personnel of any of the Released Parties present at the Stadium (including, without limitation, any ushers, ticket-takers, event security, health and safety personnel, or cleaning, concessions, or parking personnel); (v) any of the risks identified above in Section 5, in each case whether caused by any action, inaction, or negligence of any Released Party or otherwise; or (vi) arising from or relation in any way to the Event, whether occurring before, during, or after the Event (including, without limitation, the risk of personal injury or death, however caused, whether by players or objects such as balls, or otherwise, as well as the risks of lost, stolen, or damaged property and all other hazards arising from or related in any way to the Event). Nothing in the release set forth in this Section 6 shall be construed as a release of any claims the Bearer may have against his or her employer or any rights he or she may have to receive workers’ compensation. Additionally, the Bearer Parties jointly and severally agree to indemnify and hold harmless the Released Parties from and against all liability, loss, damages, or expenses resulting from or arising out of (i) Bearer’s presence at the Stadium; (ii) Bearer’s acts or omissions; (iii) the presence at the Event of any cameras, wires, cabling, or other equipment brought on the premises or used by Bearer; and (iv) breach of the terms of this Credential. For the purposes hereof, the “Released Parties” are (i) MLS, SUM, each Club, and each of their respective direct and indirect affiliates, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, and other contractors (and all employees of such contractors), and other personnel; (ii) the direct and indirect owners, lessees, and sublessees of the Stadium; (iii) concessionaires, merchandisers, other vendors, and all other contractors performing services at the Stadium; (iv) other third parties present at or from time to time brought to the Stadium (including, without limitation, medical personnel); and (v) any parents, subsidiaries, affiliated and related companies, and officers, directors, owners, shareholders, 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.
7. Any and all disputes or claims between the parties arising out of or concerning these Credential Use Conditions, or any alleged breach thereof by either party, shall be resolved in the following manner: each party will first endeavor to resolve the dispute or claim by negotiating in good faith for a period of ten (10) days (or such lesser period as is reasonable if the date is less than ten (10) days prior to the Event). The foregoing period shall commence five (5) business days (or such lesser period as is reasonable if the date is less than fifteen (15) days prior to the Event) after the party asserting the dispute or claim delivers written notice thereof to the other party. If the parties are not able to resolve the dispute or claim through good faith negotiation within the aforementioned period, then either party may commence arbitration pursuant to the provisions of this Section. The Bearer Parties agree that (a) any current or future claim, action, or proceeding between them and any of the Released Parties arising out of or relating to these Credential Use Conditions, or the Bearer’s presence at the Stadium (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 Released 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 these Credential Use Conditions shall take place in the city in which the Stadium is located.
8. The Bearer Parties waive any right to commence, or be a party to, any class or collective claims against the Released Parties.
9. The Bearer grants permission to the Released Parties to use the Bearer’s image, likeness, actions, and statements, in perpetuity, in any Media Use relating to the Event in any context for any purpose, including commercial or promotional purposes, without further authorization from or compensation to the Bearer.
10. The Bearer consents to allowing MLS, Club, or SUM to inspect Bearer’s person and any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks, or otherwise, and acknowledges and agrees that Bearer may be denied entry to or ejected from the Event by MLS, Club, or SUM in its sole discretion. Bearer consents to security searches and/or screening of Bearer and waives any claims that Bearer might have against MLS, Club, or SUM.
11. In order to help mitigate the risk of transmission of COVID-19 and other contagious illnesses, the Bearer agrees that he or she will not attend the Event if any one or more of the following is true on the day of such Event: (i) within the 14 days prior to the Event, Bearer has (or any person with whom the Bearer has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19; (ii) within the 48 hours prior to the Event, Bearer has (or any person with whom the Bearer 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); or (iii) within the 14 days prior to the Event, Bearer has (or any person with whom the Bearer has 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.
12. In case of any dispute regarding the terms of this Credential, New York law will apply (without regard to its choice-of-law principles).
13. Bearer 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.