PLEASE READ THEFOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET ANDCONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BYWHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PARTOF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THESPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
This ticket is arevocable license, and the holder of this ticket, on behalf of the holder andany accompanying minor, including a minor holding a separate ticket(individually and collectively, the "Holder"), agrees to all of itsterms. The Holder agrees that this ticket license is subject to theseterms and conditions, as well as any additional terms and conditionsestablished by the National Basketball Association and/or its affiliates (the"NBA"), and any operator of the arena or related arena grounds (including,without limitation, parking areas and entry gates) (the “Arena”) at which theevent or any surrounding activities (in whole or in part) for which this ticketis issued (the “Event”) is held (collectively, all such additional terms,“Supplemental Terms”). By purchase, acceptance and/or use of this ticketand/or entering (or seeking entry into) the Arena, the Holder is deemed to haveread all such terms and agreed to be bound by them. The Holder also acknowledges that such termsmay be updated at any time, and by purchase, acceptance and/or use of thisticket, the Holder additionally agrees to all such updated terms. The Holder must also comply with all federal,local, and state laws, rules and regulations.
ALL TICKET SALESARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLEAND EXCLUSIVE REMEDY (IF ANY) ifadmission is refused or revoked, or the Event is cancelled and not RESCHEDULED,is a refund of up to the ticket’s face value set by the NBA (the “Face Value”). IN NOEVENT SHALL THE NBA OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL,INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYONDTHE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID INEXCESS OF FACE VALUE FOR THIS TICKET.
The Event dateand time (and gate opening) are subject to change at the NBA’s sole discretion,and no such change shall entitle the Holder to a refund or other remedy if theHolder cannot attend or for any other reason. The Holder may be relocated inthe NBA’s sole discretion, and no such relocation shall entitle theHolder to a refund or other remedy if the Holder is relocated to a seat orlocation of comparable Face Value.
PLEASE READ THIS SECTION CAREFULLY – ITMAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE ALAWSUIT IN COURT. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATIONAGREEMENT IN THIS PARAGRAPH AS SET FORTH BELOW. THIS IS A SUMMARY OF MANDATORY TERMS. Forfull terms related to dispute resolution, please visit https://www.nba.com/termsofuse and reviewsections 17, 18 and 19 therein, which terms you agree will apply,except as provided herein. Should any current or future dispute, claim orcause of action related to this ticket or the Event arise between the Holderand the NBA, or Arena, a written notice (a “Dispute Notice”) must be sent withthe following information: (i) name,contact information (address, telephone number, and email address), and accountinformation if applicable; (ii) a description of the nature and basis of thedispute; and (iii) a description of the nature and basis of the relief sought,including a calculation for it. If theHolder has a dispute, they shall send the Dispute Notice to 645 Fifth Avenue,New York, NY. The Holder and the NBA, and/or Arena agree to make a good-faitheffort to resolve the dispute for at least 60 days (the “Negotiation Period”)following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period,the dispute shall be resolved by binding arbitration. The arbitration shall beadministered by National Arbitration and Mediation (“NAM”) and heard by asingle, neutral arbitrator. The NAMRules shall govern the payment of all arbitration fees. Notwithstanding the foregoing,the NBA will consider a request to reimburse your portion of the arbitrationfees upon a showing of hardship in its sole discretion and assuming you do notqualify for a waiver from NAM. All issues are for the arbitrator to decide exceptthe following items (which are for a court of competent jurisdiction todecide): (i) issues that are specifically reserved for a court; (ii) issuesrelated to the scope and enforceability of the arbitration provisions; and(iii) whether a dispute can or must be brought in arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, THEHOLDER, ARENA, AND NBA AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON ANINDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANYCLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY LAW, THEHOLDER, ARENA, AND NBA WAIVE THE RIGHT TO A JURY TRIAL. There are also additional procedures for“mass filings,” as set forth in the NAM Rules. In addition, these terms and anydisputes between you and the Arena and/or NBA will be governed by the laws ofthe State of New York without regard to its principles of conflicts of laws. Tothe fullest extent permitted by law, the state and federal courts of the Stateof New York shall have exclusive jurisdiction over any disputes between you andthe Arena, and/or NBA (except for disputesbrought in small claims court) that are not subject to arbitration. IF THE HOLDER DOES NOT CONSENT TO THISCLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA. You havethe right to opt out of arbitration under these Terms by sending the NBA apersonally signed, written notice of your decision to opt out to 645 FifthAvenue, New York, NY within the earlier of the Event date or thirty (30) days afterpurchase of your ticket. Such an opt outwill not opt you out of an arbitration agreement you might otherwise have withthe Arena and/or NBA.
The Holder agreesnot to create, transmit, distribute, misappropriate or sell (or aid increating, transmitting, distributing, misappropriating or selling), in anymedia now or hereafter existing, any description, account (whether text, dataor visual, and including (without limitation) play-by-play data), picture,photograph, image, video, audio, livestream or other form of exploitation orreproduction of the Event (collectively, “Event Works”). Notwithstandingthe foregoing, the Holder agrees that by causing this ticket to be scanned uponentry, the Holder shall be deemed to have signed the ticket and granted to theNBA an exclusive worldwide, irrevocable, perpetual, sub-licensable,royalty-free license to all rights associated with any Event Works. Thisticket may not be used for any form of 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 NBA.
This ticket andthe Holder’s admission to the Arena are subject to all safety and healthrequirements and policies relating to the novel coronavirus SARS-CoV-2 and anyresulting disease (together with any mutation, adaptation or variation thereof,collectively, “COVID-19”) put in place by the NBA and Arena, including any suchpolicies and requirements described in the Supplemental Terms (collectively,the “Safety Requirements”). The Holder acknowledges and agrees to comply withthe Safety Requirements and acknowledges and agrees that attendance at theEvent is conditioned on such compliance.
The Holderagrees, on behalf of the Holder and Holder’s Related Persons (defined below),that the Holder and each such other individual will not attend the Event if anysuch individual has been directed by a healthcare provider or public healthauthority to quarantine, isolate, or otherwise refrain from interacting withmembers of the public due to a diagnosis of or exposure to COVID-19 or anyillness or other medical condition.
To ensure that all Event patrons agree to,and comply with, all Safety Requirements and all other NBA and Arena rules,this ticket may not be resold or offered for resale on any platform other thana platform expressly authorized by the NBA. Without limiting theforegoing, any transfer of this ticket to any person who fails to satisfy anySafety Requirement may be voided by the NBA and this ticket cancelled.
Breach of any ofthese terms, failure to comply with Safety Requirements or NBA and/or Arenarules, or the refunding to the Holder of the Face Value, shall automaticallyterminate any rights that the Holder may have hereunder; shall render illegaland unauthorized the Holder’s use of the ticket for any purpose; and shallauthorize the NBA to withdraw the ticket, refuse admission to the Arena, oreject the Holder from the Arena, without refund or credit in each case, andsubject the Holder to all legal remedies available to the NBA and/or Arena.
The Holder expressly acknowledges an inherent risk of exposure to COVID-19 exists in any placewhere people gather and that no precautions (including the Safety Requirementsdescribed ABOVE) can eliminate the risk of exposure to COVID-19. COVID-19is an extremely contagious disease that can lead to severe illness anddeath. While people of all ages and health conditions have beenadversely affected by COVID-19, certain CATEGORIES OF people have beenidentified by public health authorities as having greater risk based on age andunderlying medical conditions. THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMESALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDINGILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLEDISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING ACOMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATEDPROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THEEVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRINGPRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCEOR OTHERWISE.
On behalf of theHolder and the Holder’s Related Persons (defined below), the Holder furtherhereby releases (and covenants not to sue) each of the Released Parties(defined below) with respect to any and all claims that the Holder or any ofthe Holder’s Related Persons may have (or hereafter accrue) against any of theReleased Parties and that relate in any way to (i) exposure to COVID-19; (ii)entry into, or presence within or around, the Arena or the Event (including allrisks related thereto) or compliance with any protocols or Safety Requirementsapplicable to the Event; or (iii) any interaction between the Holder and theHolder’s Related Persons, on the one hand, and any personnel of any of theReleased Parties present at the Event, on the other hand, in each case whethercaused by any action, inaction or negligence of any Released Party orotherwise.
As used herein:
· “Related Persons”means the Holder’s heirs, assigns, executors, administrators, next of kin,anyone attending the Event with the Holder or for whom Holder has obtained anEvent ticket (which persons the Holder represents have authorized the Holder toact on their behalf for purposes of these terms), and other persons acting orpurporting to act on the Holder’s or their behalf.
· “Released Parties”means: (i) the National Basketball Association and its member teams, and eachof their respective direct and indirect owners, affiliates, players andcoaches, administrators, designees, licensees, and other personnel; (ii) thedirect and indirect owners, lessees and sublessees of the Arena; (iii) allthird parties performing services at the Arena; (iv) any parents, subsidiaries,affiliated and related companies of each of the entities described in clauses(i)-(iii); and (v) the officers, directors, owners, members, managers,partners, employers, employees, agents, contractors and sub-contractors (andemployees of such contractors and sub-contractors), insurers, representatives,other personnel, successors and/or assigns of each of the foregoing entitiesand persons described in clauses (i) – (iv), whether past, present or futureand whether in their institutional or personal capacities.
The Holder andthe Holder's belongings may be searched upon entry into the Arena and/or othersecurity checkpoints, prohibited items (which may include, without limitation,bags) may be confiscated at the sole discretion of the NBA and/or Arena, andthe Holder hereby consents to the foregoing and waives any related claims thatmight arise against the NBA or Arena. If the Holder elects not toconsent, the Holder will be denied entry into the Arena without refund orcredit.
The Holder grantspermission to the NBA (and its respective designees and agents) to utilize theHolder’s image, likeness, actions and statements in any live or recorded audio,video, film, or photographic display or other transmission, exhibition,publication or reproduction made of, or at, the Event in any medium,whether now known or hereafter created, or context for any purpose, includingcommercial or promotional purposes, without further authorization orcompensation. In addition, the Holder grants to the NBA permission tocollect, use, share and store certain Holder facial and other biometricinformation as permitted by law, including for security purposes.
Without limitingthe foregoing, the Holder agrees not to give or offer this ticket in a mannerthat would constitute a violation of the U.S. Foreign Corrupt Practices Act,any other anti-bribery law or regulation, or any conflicts of interest law,regulation, or policy.
Except asspecifically provided herein, if any provision of these terms or the SupplementalTerms is held by a court of competent jurisdiction to be unlawful, void,invalid, or unenforceable, the remaining provisions shall remain in full forceand effect.
In the event of a conflict between AXS terms and these terms and conditions, these terms and conditions will apply.