Tickets to the 2021 National Football League Draft (the "Event") are revocable licenses that only grant a one-time entry into the specified event venue for the Event with no right of re-entry. The person seeking entry pursuant to such license, and any accompanying minors ("Holder"), agrees that such license is subject to these terms ("Terms") and by acceptance and/or use of such license, Holder is deemed to have read the Terms and agreed to be bound by them. Failure to comply with any of these Terms shall result in forfeiture of such license and all rights arising under it without refund or other remedy and entitle the National Football League ("NFL") to pursue all legal remedies available. Admission may be refused or revoked in NFL's sole discretion.
TICKETS FOR THE EVENT ARE PROVIDED BY THE NFL FREE OF CHARGE. NO REFUND OR OTHER REMEDY WILL BE PROVIDED if admission is refused or revoked, capacity limitations result in ticket cancellation, or the Event is cancelled and not rescheduled for any reason. IN NO EVENT SHALL NFL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY AMOUNT PAID TO A THIRD PARTY FOR THE TICKET. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THE TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN CLEVELAND, OHIO. HOLDER AND NFL AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY 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 EVENT VENUE. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
The date and time of the Event (and opening of the doors) are subject to change at NFL's sole discretion, and no such change shall entitle Holder to a refund or other remedy if Holder cannot attend or for any other reason. Holder may be relocated in NFL's sole discretion, and no such relocation shall entitle Holder to a refund or other remedy.
Holder must comply with all Event policies including without limitation policies addressing security and fan conduct, health and safety (including any vaccine requirements), and bags. Holder and Holder's belongings may be searched and assessed. Prohibited items may be confiscated and Holder's admission may be denied or revoked at NFL's sole discretion. Holder consents to such searches and assessments and waives all related claims. If Holder does not consent, Holder acknowledges NFL has the right to deny or revoke Holder's admission without refund. NFL reserves the right to deny or revoke the admission of any person who it determines, in its sole discretion, poses a risk to the health or safety of other attendees or whose conduct violates these Terms, any Event policies (including any policy requiring that attendees be vaccinated for COVID-19), or is otherwise disorderly (or complicit therein) 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, "Descriptive Data") for any commercial or non-personal purpose; (2) any images, videos, audio or other form of display or public performance or reproduction of any portion of the Event or related events ("Works") for any commercial or non-personal purpose; or (3) livestreams of any portion of the Event or related events ("Livestreams"). Notwithstanding the foregoing, Holder agrees that by causing his or her ticket to be scanned upon entry to the Event, Holder shall be deemed to have signed the ticket and granted NFL an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Works, Livestreams, and, to the extent permitted by law, Descriptive Data. Holder grants irrevocable permission to NFL and its affiliates, sponsors, licensees, advertisers, broadcasters, designees, partners and agents to use, publish, distribute and/or modify Holder's image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, or images 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.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to the Event and related events, including the risk of personal injury (including death), 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. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. ACCORDING TO THE CDC, SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. BY ENTERING THE EVENT VENUE, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19.
NFL is not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor them. This ticket may not be used for or in connection with any form of commercial or trade purposes including, without limitation, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming, without the express written consent of 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.
RELEASE, WAIVER & COVENANT NOT TO SUE. On behalf of Holder and Holder's Related Persons (defined below), Holder releases and covenants not to sue each of the Released Parties (defined below) with respect to any and all claims that Holder or any of Holder's Related Persons may have or hereafter accrue, against any of the Released Parties, that relate to any of the risks, hazards and dangers described above, including without limitation any and all claims that arise out of or relate in any way to Holder's (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Event (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Event; or (iii) interaction with any personnel of any of the Released Parties present at the Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
· "Related Persons" means Holder's heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder's or their behalf.
· "Released Parties" means: (i) NFL Ventures, Inc., NFL Ventures, L.P., NFL and its member clubs, and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and all employees of such contractors) and other personnel; (ii) Cleveland Browns Football Company LLC, FirstEnergy Stadium, the City of Cleveland and Cuyahoga County; (iii) the owners, operators, managers, lessees and sublessees of the Event venue; (iv) contractors and other vendors performing services at the Event venue (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, subcontractors, 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.
Fan Health Promise
Stay-at-home: You agree, on behalf of yourself and on behalf of any other person for whom you are obtaining this ticket, that you will not attend any Event if you have tested positive for COVID-19 within 14 days prior to the day of the Event, or, unless you have been fully vaccinated for COVID-19 with an FDA-approved COVID-19 vaccine by more than 14 days prior to the Event, any one or more of the following is true on the day of such Event:
- Within the prior 14 days, you have been exposed to someone who has tested positive for COVID-19;
- Within the prior 48 hours, you have experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC); or
- Within the prior 14 days, you have travelled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.