Los Angeles Chargers Ticket Terms | Los Angeles Chargers - chargers.com
2020 TICKET TERMS
READ THIS LICENSE – IT LIMITS OUR LIABILITY AND GRANTS AUTHORIZATIONS
This ticket is a revocable license that only grants a one-time entry into the stadium and a seat, or if specified on the ticket, a standing location, for the specified game (the "Event") with no right of re-entry. THE PERSON SEEKING ENTRY PURSUANT TO THIS LICENSE ("HOLDER"), ACKNOWLEDGES AND AGREES that by tendering this ticket and entering the stadium, Holder, on behalf of him/herself and, to the extent permitted by law, any accompanying minor(s), agrees to the below terms, authorizations, conditions and waivers ("Terms"), and by acceptance and/or use of this ticket and by causing this ticket to be scanned upon entry to the stadium for the Event, Holder is deemed to have signed this document thereby agreed to have read the Terms and agreed to this license and be bound by its 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 the NFL, the Los Angeles Chargers ("Chargers"), and/or SoFi Stadium (individually or collectively, "Management") to pursue all legal remedies available. Admission may be refused or withdrawn and Holder may be ejected in the sole discretion of SoFi Stadium. Disorderly conduct, noncompliance with security measures, violation of any Chargers' or SoFi Stadium rules, policies, or regulations (e.g., on the Chargers' website or Chargers Code of Conduct at SoFi Stadium entrances or https://www.chargers.com/sofi-stadium/), or unauthorized use of this ticket may result in denial of admission or removal of Holder from SoFi Stadium, termination of this license, and/or prosecution, as determined in the sole discretion of SoFi Stadium, the Chargers, their representatives, affiliates and/or agents and by law enforcement. Holder hereby agrees and consents to the full release of his/her biographical information and reports, citations, notes, or criminal complaints drafted or maintained by law enforcement relating to his/her acts at SoFi Stadium necessitating contact by law enforcement or by Management or their authorized agents.
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 Event is cancelled and not played for any reason, is a refund of the original ticket price set by the Chargers (the "Original Price"). Further, Management's liability for any breach of any term of this ticket shall not exceed the Original Price. The Chargers have sole discretion to adopt policies at any time that apply to this ticket's delivery method and format (including mobile-only mechanisms) and/or to its resale. This ticket may not be resold or offered for resale at a premium above the highest legal amount. 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 ORIGINAL PRICE TO A THIRD PARTY FOR THIS TICKET. Any disputes related to this ticket are subject to the binding arbitration provisions and the class action waiver that can be found at https://www.chargers.com/ticketterms.
The date and time of the Event (and the opening of the gates to the public) are subject to change by Management in its sole discretion or due to other actions or events beyond its control, and no such change shall entitle ticket holder to a refund or any other remedy if ticket holder cannot attend or for any other reason. Ticket holder may be relocated in the sole discretion of Management, and no such relocation shall entitle ticket holder to a refund or any other remedy if ticket holder is relocated to a seat of comparable value.
Holder must comply with all Chargers' and SoFi Stadium policies, including without limitation any security and fan conduct policies, health and safety policies and assessments, and any applicable bag policies. Holder and Holder's belongings may be searched or assessed prior to or upon entry into the stadium. Prohibited items may be confiscated and/or Holder may be denied admission or have his or her admission revoked at any time at the sole discretion of Management. Holder consents to such searches and assessments and waives all claims relating to them. If Holder does not consent to such searches and assessments, Holder acknowledges that Management has the right to deny admission or to eject Holder from the Event without refund. Management reserves the right to deny admission to or eject any person who, in its sole discretion, violates these Terms, any applicable 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 this ticket to be scanned upon entry to the Stadium, Holder shall be deemed to have signed this 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 Chargers, SoFi Stadium, 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 now or hereafter existing including, without limitation, any audio, video, film, photographs, social media, exhibition, transmission, publication or reproduction of the Event for any purpose whatsoever, including the commercial purposes of the NFL, Chargers, SoFi Stadium, their respective sponsors, licensees, advertisers and/or broadcasters, without further notice, authorization or compensation, and hereby 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 against the Chargers, SoFi Stadium, promoters, sponsors, participants, the NFL and its member clubs, media partners, and/or their respective affiliates, licensees, advertisers, broadcasters, or agents. Management is not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor such tickets. Such tickets sold in violation of any applicable law, may not be honored. 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 Chargers and/or the NFL. 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.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Purpose: This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and the Chargers. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Arbitration Agreement carefully. It provides that all disputes between you and the Chargers shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees, if otherwise authorized by applicable law). For the purpose of this Arbitration Agreement, "the Team" means the Chargers and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and the Team regarding any aspect of your relationship with the Team, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
THIS AGREEMENT SUPERCEDES AND CANCELS ALL PRIOR WRITTEN AND ORAL AGREEMENTS AND UNDERSTANDINGS REGARDING THE RESOLUTION OF DISPUTES BETWEEN YOU AND THE TEAM.
Pre-Arbitration Dispute Resolution: For all Disputes you must first give the Team an opportunity to resolve the Dispute. You must commence this process by mailing written notification to: Los Angeles Chargers, 3333 Susan Street, Costa Mesa, CA 92626, Attn: Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If the Team does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution") either you or the Team may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.orgwill arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope and applicability of this Arbitration Agreement. The AAA Consumer Arbitration Rules will apply to and dispute. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with the Team, the Membership Terms, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Exclusions from Arbitration/Right to Opt Out: Notwithstanding the above, you or the Team may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT, which is the date you purchase this ticket (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to: Los Angeles Chargers, 3333 Susan Street, Costa Mesa, CA 92626, Attn: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Team through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Team. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator's award shall be in writing, shall be signed by the arbitrator, and shall include a determination of all the questions submitted to the arbitrator the decision of which is necessary in order to determine the controversy. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: The arbitration, unless conducted solely through the submission of documents, shall take place in Orange County, CA.
Payment of Arbitration Fees and Costs: If you initiate the arbitration proceeding, you will be responsible for the cost of filing the demand for arbitration. If the Team initiates the arbitration proceeding, the Team will be responsible for the cost of filing the demand for arbitration. The Team will pay all other arbitration fees and arbitrator's costs and expenses . You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded by the arbitrator as provided pursuant to applicable law.
Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and the Team specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other ticket holder can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding without having complied with the opt-out requirements above.
Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and the Team are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and the Team might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.
Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.