2018 Ticket Terms
READ THIS LICENSE – IT LIMITS OUR LIABILITY
This ticket grants the holder (“Holder”) a revocable license to enter ROKiT Field at Dignity Health Sports Park (“Stadium”) for the specified NFL game, and a spectator seat or location for that game, on the date and time on the front hereof. GAME DATE AND TIME ARE SUBJECT TO CHANGE BY THE NFL UNDER ITS POLICIES OR DUE TO OTHER ACTIONS OR EVENTS BEYOND THE NFL’S CONTROL. NO REFUND WILL BE MADE IF HOLDER CANNOT ATTEND. If the Chargers play the game elsewhere than the Stadium, or if it is cancelled and not rescheduled, the sole remedy shall be a refund of the original ticket purchase price. Disorderly conduct, noncompliance with security measures, violation of any Chargers’ rules, policies, or regulations (e.g., on the Chargers’ website or Chargers Code of Conduct at Stadium entrances) or unauthorized use of this ticket may result in denial of admission or removal of Holder from the Stadium, termination of this license, and/or prosecution, as determined in the sole discretion of the Chargers, its representatives, affiliates and/or agents and by law enforcement. The Chargers have the sole discretion at any time to relocate Holder’s seat. HOLDER VOLUNTARILY HEREBY WAIVES ANY CLAIMS AGAINST THE CHARGERS, STADIUM OPERATOR, PROMOTERS, SPONSORS, PARTICIPANTS, NFL, AND ITS OTHER MEMBER CLUBS, NFL PROPERTIES, SPONSORS, MEDIA PARTNERS AND/OR THEIR RESPECTIVE RELATED PARTIES, AFFILIATES, LICENSEES, ADVERTISERS, BROADCASTERS OR AGENTS (COLLECTIVELY, “CHARGERS AND NFL PARTIES”), FOR ALL RISKS OF BODILY INJURY, CRIME, PROPERTY DAMAGE, LOSS, OR THEFT THAT MAY OCCUR ON ANY PART OF THE STADIUM PREMISES (INCLUDING THE PARKING LOT) PRIOR TO, DURING, OR AFTER THE GAME. The Chargers and NFL Parties’ liability for any breach of any term of this ticket shall not exceed the original ticket purchase price. The Chargers and NFL Parties shall not be liable for special, consequential, incidental, indirect, or exemplary damages of any kind. Any disputes related to this ticket are subject to the binding arbitration provisions and the class action waiver that can be found here. By tendering this ticket and entering the Stadium, Holder consents to searches of person and belongings and to confiscation of prohibited items and waives any related claims against the Chargers and NFL Parties. Failure to consent to such searches will result in Holder’s exclusion from the Stadium. 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 the Stadium necessitating contact by law enforcement, by the Chargers or its authorized agents. This ticket may not be resold or offered for resale at a premium above the highest legal amount. 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. Holder may not enter the Stadium for advertising, promotion, or commercial purposes, nor use this ticket for such purposes (e.g., contests, sweepstakes, giveaways), without the Chargers’ and the NFL’s prior written consent. Photographs, video, or other accounts or descriptions (in any form or media) of any part of the game or game-related activities created by Holder may only be used for personal, non-commercial uses and any transmission, distribution, public performance, and/or display are strictly prohibited. By tendering this ticket and entering the Stadium, Holder grants the Chargers and NFL Parties the irrevocable right to use Holder’s voice, name, and/or likeness, obtained in connection with this ticket’s use, for any purposes, including commercial purposes of the Chargers and NFL Parties and in any media now or hereafter existing, without additional compensation or permission. This ticket cannot be replaced if lost, destroyed, or stolen. A ticket obtained other than from the Chargers’ ticket office may be lost, stolen, scalped, or counterfeit and may not be honored. By using this ticket, Holder agrees to have read and accepted this license and its terms.
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.
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.org, or JAMS, www.jamsadr.com, will 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 of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. 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 (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: You may initiate arbitration in either Orange County, CA or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that the Team initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
Payment of Arbitration Fees and Costs: The Team will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. 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. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Team as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from the Team your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
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.