CHICAGO FIRE FC TICKETING TERMS AND CONDITIONS
2023 Chicago Fire Ticket Terms
General Terms: This ticket is a revocable license that only grants the ticketholder a one-time entry to any stadium at which the Club (as defined below) plays (the “Stadium”) and a spectator seat, or standing room, for the specified game (the “Event”). Dates, times and the location of the Event covered hereunder are subject to change or cancellation. In the event that the date, time and/or location of the Event is changed, the term “Event” as used herein shall mean the game played at the newly specified date, time and location. The holder, and if the holder is under the age of eighteen (18), holder’s parent or legal guardian for themselves and on behalf of the holder (collectively, "Holder"), agrees that: agrees that: admission is contingent on Holder’s agreement to the following terms and conditions, the Chicago Fire FC Membership Ticketing Terms and Conditions (if applicable), as well as those available at www.mlssoccer.com/about/fan-code-of-conduct and the MLS/Club Spectator Waiver (collectively, the “Terms”); and by using this ticket to enter the Stadium, Holder is deemed to have read the Terms and agreed to be bound by them with the same force and effect as if Holder signed these Terms. Failure to comply with any of these Terms, shall result in forfeiture of this license and all rights arising hereunder without refund and shall entitle Management to pursue all additional legal remedies available to it. Admission may be refused or withdrawn or Holder ejected at the sole discretion of the Stadium, operators of the Stadium, including the City of Chicago, Chicago Park District, Illinois Sports Facilities Authority, ASM Global, Village of Bridgeview and Ovations Food Services, L.P. (collectively “Stadium Operators”), Major League Soccer, L.L.C. and its member clubs and affiliates (“MLS”) or the Chicago Fire Football Club L.L.C. and its affiliates (the “Club” and, collectively with the Stadium, Stadium Operators, and MLS, “Management”).
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, or the game is cancelled and not rescheduled for any reason, is a refund of up to the ticket price set by Management (the “Face Value”), unless otherwise provided below. IN NO EVENT SHALL MANAGEMENT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS TICKET SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. HOLDER AND MANAGEMENT EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE ANY SUCH DISPUTE OR CLAIM IN ANY COURT, WHETHER AS AN INDIVIDUAL, CLASS, OR COLLECTIVE CLAIM, AND WAIVES ANY RIGHT TO ARBITRATE ANY SUCH DISPUTE OR 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 STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT. SHOULD ANY CURRENT OR FUTURE DISPUTE, CLAIM OR CAUSE OF ACTION RELATED TO THIS TICKET OR THE EVENT ARISE BETWEEN THE HOLDER AND PERSON OR PARTY INCLUDED WITHIN THE DEFINITION OF MANAGEMENT (“IMPACTED PERSON”), THE HOLDER SHALL SEND A WRITTEN NOTICE DESCRIBING THE ISSUE (A “DISPUTE NOTICE”) TO CHICAGO FIRE FOOTBALL CLUB, AT 1 N. DEARBORN, SUITE 1300, CHICAGO, ILLINOIS 60602, ATTENTION: LEGAL DEPARTMENT. THE HOLDER AND THE IMPACTED PERSON AGREE TO MAKE A GOOD-FAITH EFFORT TO RESOLVE THE DISPUTE FOR AT LEAST 30 DAYS (THE “NEGOTIATION PERIOD”) FOLLOWING RECEIPT OF THE DISPUTE NOTICE. IF THE HOLDER AND THE IMPACTED PERSON 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 CHICAGO, ILLINOIS CONDUCTED BY THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS”) IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES EFFECTIVE JUNE 1, 2021. 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.
Holder and Holder's belongings may be searched or screened upon entering the Stadium, and prohibited items may be confiscated, at the sole discretion of the Management. Holder consents to such searches and screenings and waives any and all claims relating to them. If Holder does not consent to such searches and screenings, Holder will be denied entry or ejected from the Stadium without refund. Further, Management reserves the right to refuse admission to or eject any person whose conduct, in Management’s sole discretion, violates these Terms, any applicable code of conduct, or is otherwise disorderly, without refund. Inappropriate behavior or abusive language may result in ejection (without refund), forfeiture of season ticket privileges, and/or other legal action. Refund to Holder of the Face Value shall automatically terminate Holder’s rights hereunder.
Certain price levels of tickets grant access to premium areas of the Stadium, including club level, and in some cases field access or access to hospitality areas not available except to those with access passes or credentials (“Premium Ticket Holders”). Premium Ticket Holders agree that under no circumstances shall they permit other individuals who are not Premium Ticket Holders to access the premium areas of the Stadium. The Club and the Stadium reserve the right at any time to change, alter or amend any and all polices related to access, ingress/egress and behavior within Premium Ticket Holder areas, including as may arise on an event-by-event basis. The Club makes no guarantee that all amenities in Premium Ticket Holder areas will be the same for every match.
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 this ticket to enter the Stadium, Holder shall be deemed to have signed this ticket and granted Management an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. Holder also grants irrevocable permission to Management (and their sponsors, licensees, advertisers, broadcasters, designees and agents) to use, publish, edit, and alter Holder’s image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, 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. All data collected by the Club connected to purchase of this ticket shall be subject to the Major League Soccer Data Privacy and Security Policy (http://www.mlssoccer.com/privacy-policy)). The Club may additionally use non-personal and non-personally identifiable information of a biographic or demographic nature as pooled with the same or similar data from other Ticket holders for purpose of analysis, to improve the service, systems and products offered by the Club.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS arising from or relating in any way to the Event, whether occurring before, during, or after 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 including COVID-19 and any variants thereof), the risk of physical injury or death, however caused, whether by players, by other people or by objects such as balls entering the spectator area, or otherwise, and the risks of lost, stolen or damaged property. Holder hereby waives all claims and potential claims relating to such risks, hazards and dangers.
Management is not responsible for, and may refuse to honor, any duplicate or duplicated, lost, stolen, destroyed or counterfeit tickets. Use of this ticket in violation of any law including, without limitation, the unlawful resale or unlawful attempted resale of this ticket is strictly prohibited and will result in seizure, revocation and/or forfeiture of this license without refund or compensation. Any attempt by two or more persons to gain admission to a match or other event with both a cancelled ticket and a reissued ticket will constitute a material breach of the Terms. This ticket is not redeemable for cash and may not be used for, or in connection with, any commercial or trade purposes including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Club and MLS.
In the event a match is canceled, rescheduled or relocated due to inclement weather, a scheduling conflict, a Force Majeure Event (as defined below) or otherwise, the Club shall contact you with information on the rescheduled date, time and place of such event and/or any other remedies offered by the Club. Tickets are not subject to any refund, unless specified by the Club, shall bear no cash value, and Licensee shall not earn interest on funds held by the Club. A Force Majeure Event includes rain, fire, flood, other acts of nature, acts of God, acts of war or terrorism, federal, state, or local governmental orders or restrictions, pandemics (including COVID-19), epidemics, severe threats to public health and safety, lockouts, strikes, labor disputes, work stoppage, unavoidable accident, legal restrictions, electronic or electrical interference, telecommunications difficulties, system failure, technical failure, failure of any third party system or product, decisions by MLS or the Stadium, threats to player safety including field quality and any other cause beyond the Club’s control.
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 that Holder will not attend any Event if on the day of such Event, any local, state/provincial or federal (including, without limitation, Centers for Disease Control and Prevention (CDC) or Public Health Agency of Canada (PHAC)) regulations applicable to the jurisdiction of the Event require or recommend isolation or quarantine based on test results, symptoms of COVID-19, close contact exposure, or a travel advisory. Holder acknowledges that applicable regulations regarding COVID-19 quarantine and isolation requirements may change from time to time and Holder shall review and comply with such requirements prior to attending the Event.
Safety Requirements: Due to the uncertainty related to COVID-19, this ticket and the Holder’s admission to the Stadium are subject to all safety and health requirements and policies put in place by Management, including potential requirements relating to face masks and enhanced health screenings (which may include a requirement that the Holder, and any person in the Holder’s party, be tested for COVID-19 prior to or during the Event). Such policies and requirements as they may be updated from time to time (in the sole determination of the 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 Management personnel or signage in or around the Stadium, 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.
General: The Club's and the opponent club's rosters, lineups, coaches and the venue and dates and times for each match and other event are all subject to change. The terms are severable. In the event any provision of the Terms are held illegal or unenforceable, such provision shall be severed and shall be inoperative and may be replaced or modified by the Club with a similar term which complies with existing law. In such case, the remaining terms and conditions shall not be affected, and, provided that the fundamental terms and conditions of the Terms remain legal and enforceable, the remainder of the Terms shall remain operative and binding. The Terms may be amended from time to time in order to comply with MLS, and/or promoter rules regarding ticket purchases, postponements, and other guidance (collectively, “League Policies”). MLS reserves the right to issue amended and revised League Policies prior to the start of any MLS soccer season. Any amended and revised League Policies issued prior to the start of any MLS soccer season that conflict with these terms and conditions, shall be controlling.
CHICAGO FIRE FOOTBALL CLUB
EVENT ATTENDEE ARBITRATION, RELEASE AND WAIVER OF LIABILITY AGREEMENT
PLEASE READ THIS COMPLETELY AND CAREFULLY BEFORE SIGNING as it affects your rights and includes your agreement to assume all risks of injury or illness from the Event, including any risk of being exposed to and potentially contracting the COVID-19 virus. It also includes your release and waiver of any related claims or liability for everyone involved, including the Chicago Fire Football Club. Because the CDC indicates that senior citizens and individuals with underlying medical conditions are at higher risk of severe illness from COVID-19 (including those with lung, kidney, liver, or autoimmune diseases; serious heart conditions; obesity; diabetes; or asthma), we encourage such patrons to take extra precautions to remain safe. COVID-19 is extremely contagious, and no amount of safety precautions can eliminate the risk of exposure. 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.
IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN (18) (“MINOR”), YOU ARE AGREEING TO LET THE MINOR ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THE MINOR MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED; AND THAT YOU ARE GIVING UP THE MINOR’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO THE MINOR OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THIS AGREEMENT, AND THE TEAM ENTITIES HAVE THE RIGHT TO REFUSE TO LET YOU OR THE MINOR PARTICIPATE IN THE ACTIVITY IF YOU DO NOT SIGN THIS FORM.
IN CONSIDERATION of being permitted to enter and remain at any stadium at which the Club plays, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the “Stadium”) for a home game or other event of Chicago Fire Football Club (“Event”), I, and if I am under the age of eighteen (18), my parent or legal guardian for themselves and on my behalf, on behalf of myself and my heirs, assigns, executors, administrators, next of kin (collectively including minor children, “Related Persons”), hereby acknowledge and agree as follows:
1. 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 Chicago Fire Football Club, LLC and its affiliates (“CFFC”), Major League Soccer, L.L.C. (“MLS”), Soccer United Marketing, LLC (”SUM”), the Stadium, operators of the Stadium, including the City of Chicago, Chicago Park District, Illinois Sports Facilities Authority, ASM Global, Village of Bridgeview and Ovations Food Services, L.P. (collectively, the “Team Entities”) and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Stadium 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 who smoke, are solid organ or blood stem cell transplant recipients, or have cancer, cerebrovascular disease (e.g., stroke), chronic kidney disease, chronic liver disease, chronic lung diseases (e.g., moderate to severe asthma or chronic obstructive pulmonary disease), dementia or other neurological conditions, diabetes, Down syndrome, heart conditions, hemoglobin blood disorders (e.g., sickle cell disease or thalassemia), HIV infection, immunocompromised status (weakened immune system), mental health conditions (e.g., mood disorders or schizophrenia disorders), obesity, pregnancy, substance abuse disorders (e.g., alcohol, opioid, cocaine), and tuberculosis; 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.
In addition, I fully understand that incidental to my and any of my minor children’s entry at the Stadium and attendance at the Event, I/we may be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, dismemberment, and death, and that such participation may also involve the risk of severe economic and property loss and damage. I understand that these risks may result from the actions, negligence and failure to act of myself and others (including but not limited to other individuals in attendance at the Stadium and the Released Parties as defined below) and from the condition of any property, facilities or equipment used. I also understand that there may be risks involved which are not known to me or to the Released Parties and may not be foreseen or reasonably foreseeable by any of us at this time or at the time of the Event. I/we knowingly and voluntarily assume all of the foregoing risks, which risks may include, among other things, muscle injuries, broken bones, concussions and death, as well as the risk of any negligence by other participants or by the Released Parties, and the risk of injury caused by the condition of any property, facilities or equipment used during the Event, and accept personal responsibility for any injury (including, but not limited to, personal injury, disability, dismemberment and death), illness, damage, loss, claim, liability, or expense, of any kind or nature, that I/we or my/our property may suffer arising out of or in connection with my/our entry at the Stadium or attendance at the Event.
ON BEHALF OF MYSELF AND MY RELATED PERSONS, I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO MY AND MY MINOR CHILDREN’S ENTRY INTO, AND PRESENCE IN, THE STADIUM, 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, 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.
2. Release, Waiver of Liability, and Covenant Not to Sue. 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 OR MY MINOR CHILDREN’S 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) OUR EXPOSURE TO COVID-19; (II) MY/OUR TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE STADIUM, ATTENDANCE AT THE EVENT, OR COMPLIANCE WITH THE STADIUM PROTOCOLS OR ANY OTHER POLICIES OR PROTOCOLS APPLICABLE TO THE STADIUM; (III) ANY INTERACTION BETWEEN MYSELF/US 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); OR (IV) ANY OF THE RISKS IDENTIFIED ABOVE, IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION, OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE. ON BEHALF OF MYSELF AND EACH OF MY RELATED PERSONS, I FURTHER AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, SUITS, OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH MY OR MY RELATED PERSONS’ VIOLATION OF THIS AGREEMENT OR EVENT CONDUCT.
FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) THE TEAM ENTITIES, MLS AND ITS AFFILIATES, 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 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, 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.
3. Indemnification. I agree to indemnify and hold the Released Parties harmless from any liability, claims, demands, costs, expenses, and attorneys’ fees incurred by any of the Released Parties as a result of (a) my, or any person on my behalf, including the Related Persons, assertion of any claims arising from, relating to, or in connection with activities that I have acknowledged and assumed risk and/or which is covered by the waiver and release under this Agreement; and (b) all claims and amounts related to legal and other actions brought against any of the Released Parties, to the extent such claims are attributable to my negligence or willful misconduct or a violation or breach of this Agreement.
4. Terms of Event Attendance. On behalf of myself and my Related Persons, I agree to event terms appearing on the ticket and all the following Terms of Event Attendance in this Section. I/we agree to comply with all Stadium and Event rules including COVID-19 health and safety and screening requirements. I/we acknowledge that I/we, my/our vehicle, or my/our belongings as well as those of any guests or passengers may be searched upon entering the Stadium, and prohibited items may be confiscated, at the sole discretion of the Team Entities. I/we consent to such searches and waive any and all claims relating to them. I/we acknowledge that the Team Entities reserve the right to refuse admission to or eject any person whose conduct, in their sole discretion, violates these terms, any applicable code of conduct or federal or state law or local order, or is otherwise disorderly, without refund. Inappropriate behavior or abusive language may result in ejection (without refund), forfeiture of future event privileges, and/or other legal action. I/we agree 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. I/we further agree 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, I/we agree that by entering the Stadium and agreeing to these terms, I/we shall be deemed to have granted CFFC, MLS, and SUM an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. I/we also grant irrevocable permission to MLS, CFFC, and SUM (and their sponsors, licensees, advertisers, broadcasters, designees and agents) to use, publish, edit, and alter my/our image, likeness, name, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, publication or reproduction of the Event for any purpose without further authorization or compensation and I/we waive all claims and potential claims relating to such use unless prohibited by law.
5. 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, I agree that neither I nor my minor children will attend any Event if on the day of such Event, any local, state/provincial or federal (including, without limitation, Centers for Disease Control and Prevention (CDC)) regulations applicable to the jurisdiction of the Event require or recommend isolation or quarantine based on test results, symptoms of COVID-19, close contact exposure, or a travel advisory. I acknowledge that applicable regulations regarding COVID-19 quarantine and isolation requirements may change from time to time, and I shall review and comply with such requirements prior to attending the Event and require the same of my minor children.
6. Governing Law. I agree that this Agreement shall be governed by the laws of the State of Illinois, without regard to choice of law principles.
7. Arbitration Agreement. I AGREE THAT ANY CURRENT OR FUTURE DISPUTE, CLAIM, ACTION, OR PROCEEDING RELATED TO, OR ARISING OUT OF, THIS AGREEMENT OR MY PRESENCE AT THE STADIUM (COLLECTIVELY, THE “CLAIMS”) SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. I, ON BEHALF OF MYSELF AND MY RELATED PERSONS, AND THE RELEASED PARTIES EACH AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE ANY SUCH CLAIM IN ANY COURT, WHETHER AS AN INDIVIDUAL, CLASS, OR COLLECTIVE CLAIM, AND WAIVES ANY RIGHT TO ARBITRATE ANY SUCH CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF I, OR ANY OF MY RELATED PERSONS, DO NOT CONSENT TO THIS CLAUSE, I MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT. SHOULD ANY CURRENT OR FUTURE CLAIMS ARISE BETWEEN ME AND THE CLUB, MLS, OR MANAGEMENT, I SHALL SEND A WRITTEN NOTICE DESCRIBING THE ISSUE (A “DISPUTE NOTICE”) TO CHICAGO FIRE FOOTBALL CLUB, AT 1 N. DEARBORN, SUITE 1300, CHICAGO, ILLINOIS 60602, ATTENTION: LEGAL DEPARTMENT. I AND THE CLUB, MLS, AND/OR MANAGEMENT AGREE TO MAKE A GOOD-FAITH EFFORT TO RESOLVE THE DISPUTE FOR AT LEAST 30 DAYS (THE “NEGOTIATION PERIOD”) FOLLOWING RECEIPT OF THE DISPUTE NOTICE. IF I AND THE CLUB, MLS, AND/OR MANAGEMENT CANNOT RESOLVE THE CLAIM WITHIN THE NEGOTIATION PERIOD, I UNDERSTAND THAT THE CLAIM SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION HELD BEFORE A NEUTRAL, SINGLE ARBITRATOR IN CHICAGO, ILLINOIS CONDUCTED BY THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS”) IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES EFFECTIVE JUNE 1, 2021. I AGREE THAT 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.
8. Class Action Waiver. I agree that all claims described in this Agreement must be pursued on an individual basis only. By signing this Agreement, I hereby waive and on behalf of any Related Persons waive any right to commence, or be a party to, any class or collective claims against the Released Parties.
9. 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.
10. Term. This Agreement is perpetual in nature and applies to all Events and activities at the Stadium for which I or my minor children are present for or participate in, and all Claims arising therefrom, from the date of execution.
I HAVE CAREFULLY READ AND VOLUNTARILY ACCEPT 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, neither I nor my Related Persons will be able to sue the Released Parties if I or my minor children suffer any illness, injury, or death for any reason including due to the exposure of COVID-19; and I understand that it is a material inducement for admission to and continued presence at the Stadium 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.