AN INHERENT RISK OF EXPOSURE TO COVID-19 AND OTHER COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH ALL COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUBS AND THE PREMISES OWNER/OPERATOR.
A “Communicable Disease” as used herein is any communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof, including but not limited to the common cold, flu, RSV and COVID-19.
Holder (as defined below), on their behalf and on behalf of any Accompanying Parties (as defined below), acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Clubs (as defined below) and/or the Premises (as defined below) owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, which may continue to be updated from time to time between purchase of this ticket and the Event (as defined below) date, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, and Community authorities. As used herein, “Holder” is the ticket holder, on their own behalf and on behalf of any accompanying minor; “Accompanying Party” is any accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms); “Clubs” are, collectively, AZPB Limited Partnership and the Colorado Rockies Baseball Club, Ltd.; “Premises” is, collectively, Salt River Pima-Maricopa Indian Community (“SRPMIC”) and Salt River Fields premises; and “Event” is the game or event governed by these terms.
ASSUMPTION OF RISK RELATED TO COMMUNICABLE DISEASES including but not limited to the common cold, flu, RSV and COVID-19.
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting Communicable Disease in the Premises. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to a Communicable Disease. Holder expressly understands that these risks include contracting a Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting a Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting a Communicable Disease, including, but not that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of a Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR RESPECTIVE PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES (AS DEFINED BELOW) WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE PREMISES OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE PREMISES, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO A COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY. AS USED HEREIN, “RELEASED PARTIES” ARE, COLLECTIVELY, THE CLUBS, SRPMIC, SALT RIVER FIELDS, MLB ADVANCED MEDIA, L.P., THE OFFICE OF THE COMMISSIONER OF BASEBALL, MAJOR LEAGUE BASEBALL PROPERTIES, INC., THE MLB NETWORK, LLC, THE OTHER MAJOR LEAGUE BASEBALL CLUBS, AND ANY OTHER MAJOR LEAGUE BASEBALL-RELATED ENTITIES, TICKETMASTER L.L.C., AND THEIR RESPECTIVE PARENT AND SUBSIDIARY COMPANIES, AFFILIATES, OWNERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PLAYERS, REPRESENTATIVES, CUSTOMERS, INDEPENDENT CONTRACTORS, LICENSEES, EXHIBITORS, SPONSORS, VENDORS, AND THEIR SUCCESSORS AND ASSIGNS.
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of these terms shall not be affected thereby and shall remain valid and fully enforceable.