- This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, “Holder”), agrees to all of its terms. Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by New York Liberty, LLC (the “Team”), the Women’s National Basketball Association and/or its affiliates (the “WNBA”), and Barclays Center or related grounds (including, without limitation, entry gates and the adjacent outdoor plaza) (collectively, the “Arena”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Supplemental Terms”). Supplemental Terms include the health and safety requirements and other terms, certain of which are set forth at www.liberty.wnba.com. By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, Holder is deemed to have read all such terms and agreed to be bound by them.
- Due to the uncertainty related to COVID-19, this ticket and Holder’s admission to the Arena are subject to all safety and health requirements and policies put in place by the Team, WNBA, and the Arena, including requirements (the “Safety Requirements”) relating to the requirement to wear a face mask at all times while on Arena property (except as otherwise permitted by Team or the Arena for limited food and beverage consumption in designated areas) and enhanced health screenings (which may, without specific limitation, include a requirement that each Holder be tested for COVID-19 prior to and/or on the Event day by a testing designee of Team (and completion of a health information authorization and waiver related thereto), completion of a COVID-19 symptom survey, a temperature screen, and those policies and requirements otherwise communicated by Team, the Arena, and/or the WNBA). Specific COVID-19 testing requirements for the Event will be communicated to Holder prior to the Event.
In the event Holder does not meet the Safety Requirements, Team or the Arena reserve the right to deny entry to Holder for the Event.
The Safety Requirements may be updated from time to time (in the sole determination of Team, the Arena, and/or the WNBA) and the Safety Requirements shall also include safety instructions provided (whether in writing (e.g., through Arena signage) or by public address announcements in or around the Arena) by Team, the Arena, or the WNBA.
- ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) IF ADMISSION IS REFUSED OR REVOKED, OR THE EVENT IS CANCELLED AND NOT REPLAYED, IS A REFUND OF UP TO THE TICKET’S FACE VALUE SET BY THE TEAM (THE “FACE VALUE”). IN NO EVENT SHALL THE TEAM, WNBA, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.
- IF HOLDER CHOOSES TO LEAVE THE ARENA FOR ANY REASON ONCE ADMITTED, HOLDER WILL NOT BE RE-ADMITTED. Breach of any of the terms herein, failure to comply with Safety Requirements, or WNBA, Team, and/or Arena rules (including, without limitation, https://www.barclayscenter.com/center-info/prohibited-items and https://www.barclayscenter.com/center-info/code-of-conduct), or the refunding to Holder of the Face Value (from the original point of purchase), and: shall automatically terminate any rights that Holder may have herein; shall render illegal and unauthorized Holder’s use of the ticket for any purpose; and shall authorize the Team and/or the WNBA to withdraw the ticket, refuse admission to the Arena, or eject Holder from the Arena, without refund in each case, and subject Holder to all legal remedies available to the WNBA, Team, and/or Arena.
- HOLDER EXPRESSLY ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS. HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury (including death), sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Event, whether occurring prior to, during, or after the Event, however caused and whether by negligence or otherwise.
- Holder and Holder’s belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the WNBA, Team, and/or Arena, and Holder hereby consents to the foregoing and waives any related claims that might arise against the WNBA, Team, or Arena. If Holder elects not to consent, Holder will be denied entry into the Arena without refund.
- In the event of a conflict between Ticketmaster L.L.C.’s terms and conditions, on the one hand, and these terms and conditions on the other, these terms and conditions will apply.
- PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN HOLDER’S RIGHTS WITH RESPECT TO THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH HOLDER GIVES UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED NEW YORK LIBERTY GAME OR EVENT FOR WHICH IT IS ISSUED.
- Holder agrees that neither Holder, nor anyone in Holder’s party, will attend the Event if any one or more of the following is true on the day of the Event:
- Within the prior 14 days, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
- Within the prior 48 hours, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) experienced either of the following symptoms of COVID-19: a fever of 100.4⁰F or higher, or, loss of taste or smell;
- Within the prior 48 hours, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) experienced two (2) or more of the following symptoms of COVID-19: cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention; or
- Within the prior 14 days of the Event, Holder has (or any person in Holder’s party or with whom Holder has had close contact has) travelled to, or has travelled from, any U.S. state or territory or international location identified by New York State or the federal government as being subject to travel or quarantine advisories due to COVID-19 without following the New York State protocols for successfully testing out of quarantine.
- To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other WNBA, Arena, and Team rules, subject to applicable law, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team or the WNBA. Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including pre-Event requirements established by the Team or Arena) may be voided by the Team and this ticket cancelled.
- Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event. This ticket 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 Team and WNBA.
- On behalf of Holder and Holder’s Related Persons (defined below), Holder further hereby 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 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 all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between Holder and Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, 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 these terms), and other persons acting or purporting to act on Holder’s or their behalf.
- “Released Parties” means: (i) the Women’s National Basketball Association and its member teams (including the Team), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third 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 (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.
- Holder grants permission to the WNBA and the Team (and their respective designees and agents) to utilize Holder’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, including commercial or promotional purposes, without further authorization or compensation. In addition, Holder grants to the WNBA and the Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
- Without limiting the foregoing, Holder agrees not to give or offer this ticket in a manner that 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.
- Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between Holder and the Team, the WNBA, and/or the Arena, Holder shall send a written notice describing the issue (a “Dispute Notice”) to New York Liberty, 168 39th Street, 7th Floor, Brooklyn, New York 11232, Attention: Legal Department. Holder and the Team, WNBA, and/or the Arena, as applicable, agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the applicable parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in New York, New York conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective July 1, 2014, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Team and WNBA are engaged in transactions involving interstate commerce with respect to the Event). The costs of such arbitration shall be split evenly among the applicable parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. HOLDER, ARENA, TEAM, AND WNBA AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA.
- If any provision or part of these terms and conditions is held to be illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable, and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in herein shall remain valid and binding.