Tickets to Cincinnati Bengals ("Bengals") games at Paul Brown Stadium ("Stadium") are revocable licenses that only grant a one-time entry into the Stadium and a seat for the specified game (the "Event") with no right of re-entry. The person seeking entry pursuant to such license, and any accompanying minors ("Holder"), agrees that such ticket license is subject to these terms and conditions ("Terms") and by accepting or using them for the Event, Holder is deemed to have read the Terms and agreed to be bound by them. Failure to comply with any Term shall result in forfeiture of such license and all rights arising under it without refund, and shall entitle the NFL, the Bengals and/or the Paul Brown Stadium Ltd. ("PBSL")(individually or collectively, "Management") to pursue all legal remedies available. Admission may be refused or revoked and Holder may be ejected in the sole discretion of Management.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused/revoked, Stadium capacity limits cause Holder's ticket(s) to be cancelled, or the Event is cancelled and not replayed for any reason, is a refund of up to the face value of the ticket set by Management ("Face Value"). Further, Management's liability for any breach of any term of this ticket shall not exceed the Face Value. IN NO EVENT SHALL MANAGEMENT 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. ANY DISPUTE OR CAUSE OF ACTION RELATING TO THIS TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN CINCINNATI. HOLDER AND MANAGEMENT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED INDIVIDUALLY AND WAIVE ANY RIGHT TO LITIGATE/ARBIRTRATE 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.
Management may change the date/time of the Event (and gate openings) in its sole discretion, and no such change shall entitle Holder to a refund or any other remedy if Holder cannot attend. In its sole discretion, Management may relocate Holder, and no such relocation shall entitle Holder to a refund or any other remedy if relocated to a seat of comparable Face Value.
Holder must comply with all Management policies, including without limitation any security and fan conduct policies, health and safety policies and assessments. Holder and any belongings may be searched or assessed prior to or upon Stadium entry. Prohibited items may be confiscated and Holder may be denied admission or have his admission revoked at any time at Management's sole discretion. Holder consents to such searches and waives all claims relating to them; if Holder refuses consent, he acknowledges that Management may deny admission or eject him from the Event without refund. Management reserves the right to deny admission or eject any person who Management solely determines poses a risk to the health/safety of other attendees or whose conduct violates these Terms, any code of conduct, or is otherwise disorderly (or complicit in such conduct) 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 or account (whether text, data or visual, and including, without limitation, play-by-play data) of the Event or related events (collectively, the "Descriptive Data") for any commercial or non-personal, purpose; (2) 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 "Works") for any commercial or non-personal purpose; or (3) livestreams of any portion of the Event or related events (the "Livestreams"). Notwithstanding the foregoing, Holder agrees that by causing his ticket to be scanned upon entry to the stadium, Holder shall be deemed to have signed the ticket and granted the NFL an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works, the Livestreams, and, to the extent permitted by law, the Descriptive Data. Holder also grants irrevocable permission to the NFL, the Bengals and their respective sponsors, licensees, advertisers, broadcasters, designees, partners and agents to use, publish, distribute, edit, modify and/or alter Holder's image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, transmission, publication or reproduction 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 VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to the Event and related events, including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses or the causes thereof, sickness, or lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused, and hereby waives all claims and potential claims relating to such risks, hazards and dangers. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE.
BY ENTERING THE STADIUM AND STADIUM GROUNDS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19. Management is not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor such tickets. Further, this ticket may not be used for, or in connection with, any form of commercial or trade purposes including, but not limited to, any advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Bengals and the NFL. Use of this ticket in violation of any law is strictly prohibited and will result in seizure, revocation or forfeiture without refund.
RELEASE, WAIVER & COVENANT NOT TO SUE
On behalf of Holder and Holder's Related Persons (defined below), Holder releases (and covenants not to sue) each of the Released Parties (defined below) 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 (i) Holder's exposure to COVID-19; (ii) Holder's entry into, or presence within or around, the Event (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Event; or (iii) any interaction between Holder and any personnel of any of the Released Parties present at the Event, 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) the Bengals, PBSL, the NFL, all NFL entities, and all NFL clubs, and each of their respective affiliates, designees, licensees, agents, owners, officers, directors, employees, contractors (and contractor employees) and other personnel; (ii) the direct/indirect owners, lessees/sublessees of the Stadium and related stadium grounds (including, without limitation, parking areas and entry gates); (iii) all third parties performing services at the Stadium; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future in any and all.
Fan Health Promise
Stay-at-home: Holder agrees that neither he, nor anyone in his party, will attend any Event if any one or more of the following is true on the day of such Event:
- Within the prior 14 days, Holder has (or any person in his party or with whom he has close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
- Within the prior 48 hours, Holder has (or any person in his party or with whom he has close contact has) experienced symptoms of COVID-19 (e.g., fever, cough, any breathing issues, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste/smell, congestion, or any other symptoms associated with COVID-19 identified by the CDC);
Ticket Pod Integrity: To ensure social distancing, Holder agrees not to sell, transfer or otherwise provide any Event tickets to anyone other than family with whom Holder has been sheltering (or other trusted acquaintances), unless Holder is selling, transferring or otherwise providing all such tickets (i.e., Holder's full pod of tickets) to one party.