1. 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.
2. Holder agrees, on behalf of Holder and Holder’s Related Persons (defined below), that Holder and each such individual will not attend the Event if, within the prior 14 days, any such individual has tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention (“CDC”)), any one or more of the following is true on the day of such Event:
- Within the prior 14 days, any such individual was exposed to someone who has tested positive for COVID-19;
- Within the prior 48 hours, any such individual has 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, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”)); anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to the Event should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending; or
- Within the prior 14 days, any such individual has travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19 without following any New York State protocols for successfully testing out of quarantine.
3. To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other WNBA, Team, and Arena 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 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 Team or Arena) may be voided by Team and this ticket cancelled.
4. 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 Team and WNBA.
5. 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 or for whom Holder has obtained an Event ticket (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 WNBA and its teams (including 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.
6. Holder grants permission to the WNBA and 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 Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
7. 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.
8. Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between Holder and Team, the WNBA, 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 Team, the 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 June 1, 2021, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because Team and the 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 exclusively 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 ARBITRATE 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.
9. If any provision or part of these terms and conditions (including, without limitation, the Supplemental Terms) 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 these terms and conditions (including, without limitation, the Supplemental Terms) shall remain valid and binding.