Last Modified: May 18, 2020
GILLETTE STADIUM TICKET TERMS AND CONDITIONS
IMPORTANT: READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING. THESE TERMS AND CONDITIONS HAVE LEGAL CONSEQUENCES THAT WILL AFFECT YOUR LEGAL RIGHTS AND THAT WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
I agree that the terms and conditions set forth below constitute a binding agreement (this “Agreement”) between me and the issuer of my ticket(s) to Gillette Stadium (“Issuer”). I, as ticket holder and/or purchaser, both on my behalf and on behalf of each person who enters Gillette Stadium (including the surrounding facilities, parking lots, and roadways; such property, “Gillette Stadium”) using tickets issued to me, acknowledge and agree that my purchase of tickets, if applicable, or my use of a ticket for any purpose, including without limitation gaining access to Gillette Stadium or receiving a discount at participating retailers, constitutes my acceptance of these terms and conditions.
I understand that NPS LLC and/or its affiliated entities, including but not limited to New England Patriots LLC, Kraft Sports and Entertainment LLC, Kraft Soccer LLC, and Kraft Soccer II LLC (individually an “NPS Party” and collectively the “NPS Parties”), have maintained and will continue to maintain a record of my transactions with the NPS Parties. From time to time, I may purchase or otherwise obtain tickets to Gillette Stadium events. I understand that tickets issued to me are revocable licenses, and that Issuer reserves the right to revoke such licenses, in its sole discretion, at any time and for any reason. I understand that tickets are non-transferable, unless such tickets are transferred via a platform and method that is officially authorized by NPS LLC (an “Authorized Distribution Platform”). I agree that I am responsible for my own conduct and the conduct of each person who enters Gillette Stadium using tickets issued to me, and that I and/or each person who enters Gillette Stadium using tickets issued to me may be refused admission and/or ejected without refund, including if any of us is disorderly; is in possession of one or more prohibited items, including but not limited to animals (other than service animals); or fails to comply with any applicable rules or policies, including but not limited to the Stadium Code of Conduct available at https://www.gillettestadium.com/stadium-safety/. As a New England Patriots or New England Revolution Season Ticket Member, if applicable, I further agree that such behavior may result in forfeiture of my tickets and my season ticket account, and that my purchase of season tickets in any year does not entitle me to renewal in any subsequent year.
I voluntarily assume all risks, hazards and dangers, including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses, and the risk of lost, stolen or damaged property, incident to each event I attend at Gillette Stadium, and whether occurring before, during, or after each such event. I irrevocably waive and release on behalf of myself, my attorneys, agents, successors, heirs, and assigns all claims, liabilities, or losses (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage, or otherwise) against the National Football League (“NFL”), New England Patriots LLC, Major League Soccer (“MLS”); Soccer United Marketing, LLC (“SUM”); Kraft Sports and Entertainment LLC; Kraft Soccer LLC; Kraft Soccer II LLC; NPS LLC; TeamOps LLC; other participating clubs; the event organizer; each of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, and independent contractors; and the Town of Foxboro (the “Released Parties”), arising from or in connection with this Agreement, including but not limited to each event I or any guest of mine attends at Gillette Stadium (the “Released Claims”), notwithstanding that such Released Claims may have been caused by the negligent act or omission of such Released Parties; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties. On behalf of my guests and any other person who uses tickets issued to me to attend an event, I also irrevocably waive and release on behalf of them, their attorneys, agents, successors, heirs and assigns all Released Claims against all Released Parties, notwithstanding that such Released Claims may have been caused by the negligent act or omission of such Released Parties; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties. I further agree that I will defend, indemnify, and hold harmless the Released Parties for any Released Claims asserted by me, my guests, or any other person who uses tickets issued to me to attend an event at Gillette Stadium, including all attorneys’ fees and costs incurred by the Released Parties to defend such claims; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties.
I agree that I will not resell tickets issued to me unless (a) such resale complies with all applicable laws, (b) I am not required to be licensed pursuant to M.G.L. c. 140, § 185A, or, if I am required to be licensed, I am so licensed, and (c) resell solely through an Authorized Distribution Platform. I acknowledge and agree that any tickets resold in violation of these prohibitions are void without notice or refund. I understand that tickets that are lost, stolen, destroyed or rendered void will not be replaced and are non-refundable. I understand that all sales are final and that I am not entitled to a refund if I cannot attend an event. I agree that dates and times of events as well as opponents are subject to change by the MLS, NFL, the event organizer, or Issuer (as applicable) in their sole discretion or as a result of other events beyond its control, without refund. If an event is cancelled in its entirety and not replayed, or an event takes place under conditions that prohibit the ticket(s) issued to me from being used to attend the event, the sole and exclusive remedy is a refund of the face value of the ticket(s) issued to me. Prior to the issuance of a refund, I may request to NPS LLC that the Issuer provide a credit equal to the face value of the ticket(s) issued to me, to be used in connection with the purchase of ticket(s) to a future similar event at Gillette Stadium. Unless tickets for such event are unavailable or the Authorized Distribution Platform does not allow credits, Issuer will provide such credit for such purpose. “Face value” means the value printed on the ticket unless such ticket was purchased through a membership program, in which case “face value” shall mean the aggregate amount of membership dues paid towards Gillette Stadium events during the applicable period (e.g., a NFL or MLS season), divided by the number of applicable Gillette Stadium events in such period. IN NO EVENT SHALL THE NPS PARTIES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE OF THE TICKET.
I understand that no person, regardless of age, may enter Gillette Stadium without a ticket, and that re-entry is prohibited. I understand that seats in Gillette Stadium may be relocated in the sole discretion of Issuer, and no such relocation shall entitle me, or any person who enters Gillette Stadium using tickets issued to me, to a refund or any other remedy if such seat(s) are relocated to seat(s) of comparable face value. I further understand that use of tickets for advertising and promotional purposes (including contest and sweepstakes or other trade purposes) is expressly prohibited. I agree that I and/or each person who enters Gillette Stadium using tickets issued to me will not transmit or aid in transmitting any photographs, images, videos, livestreams or other accounts or descriptions (whether text, data or visual), including without limitation play-by-play data, in any media of all or any part of the event (the “Works”). Transmission or other distribution by, to, or for any commercial enterprise, and any public performance or display, direct or indirect, are also strictly prohibited. For New England Patriots games at Gillette Stadium, I agree to grant the NFL an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works; for other events at Gillette Stadium, I agree to grant Kraft Sports and Entertainment LLC and its assignees an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works. I understand that I will be subject to search upon entry at Gillette Stadium, or while in Gillette Stadium, and that prohibited items, including those listed at https://www.gillettestadium.com/bagpolicy/, may be confiscated. I understand that I may be subject to a health assessment prior to entering Gillette Stadium, or while in Gillette Stadium, and that I may be denied admission or have my admission revoked if an NPS Party or relevant authority determines, in its sole discretion, that I pose a health or safety risk to other attendees. I consent to and waive any claim based on such searches or assessments, and agree that failure to consent will result in denial of entry and/or revocation of admission. I grant permission to the NPS Parties, NFL, MLS, SUM, other participating clubs, and their designees (as applicable, depending on the nature of the event) to use my image, likeness, and/or voice, and those of any guest of mine, in any media now or hereafter existing in connection with any broadcast (live or recorded) or any other transmission or reproduction of an event, in whole or in part, and for any other purpose whatsoever, including commercial purposes without any compensation to me.
This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws provisions of such law. On behalf of myself, my guests, or any other person who uses tickets issued to me to attend an event, I agree that any dispute between or among me, my guests, or any other person who uses tickets issued to me to attend an event, the Town of Foxboro, any NPS Party, Issuer, the event organizer, and any of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, and independent contractors relating to my tickets or any issues that may arise in connection with any event shall be resolved by arbitration before JAMS according to the rules of that forum, except that I may pursue a claim in small claims court so long as the claim is pending only in that court, and so long as that claim is not joined with any other claim in any court. I specifically waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claim. I understand that the arbitrator’s decision will be final and binding, and that other rights that I may have if I went to court may not be available in arbitration. If any provision hereof is invalid or unenforceable in any jurisdiction, to the fullest extent permitted by law that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable in such jurisdiction, and shall be construed in order to carry out the intentions of this Agreement as nearly as possible. The invalidity or unenforceability of any provision hereof in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction. Waiver of any rights by Issuer on one or more occasions shall not constitute a waiver of any such right on any other occasion.
I agree that this Agreement constitutes the sole and entire agreement between me and Issuer with respect to attendance at a Gillette Stadium event and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to attendance at a Gillette Stadium event; provided, however, that to the extent any terms of this Agreement conflict with the terms of a club seat license agreement, private suite license agreement, or marketing agreement signed by me and NPS LLC, the terms of such other agreement shall control.
If I have any questions or if I wish to communicate with Gillette Stadium, I understand that I can send such communications to:
One Patriot Place
Foxborough, Massachusetts 02035
Attention: Gillette Stadium Ticketing