Ticket Terms and Conditions (00098246).DOCX
Total Page:16
File Type:pdf, Size:1020Kb
2020 MARATHON CLASSIC Ticket Terms & Conditions General By using a ticket (“Ticket”) to the 2020 Marathon LPGA Classic golf tournament (the “Event”) taking place at Highland Meadows Golf Club in Sylvania, Ohio (the “Club”), Ticket holder (the “Holder”), on his/her own behalf and on behalf of any minor child accompanying Holder to the Event (“Minor(s)”), agrees to the following terms and conditions (the “Ticket Agreement”). Holder further acknowledges and agrees that Toledo Classic, Inc., an Ohio non-profit corporation (“TCI”) may change the terms of this Ticket Agreement at any time, without notice, and Holder’s use of the Ticket after such change is posted to the TCI website shall mean that holder accepts such changed terms. Holder is solely responsible for reading and understanding the terms and conditions of the Ticket Agreement before using the Ticket on Holder’s own behalf or on behalf of any Minor(s). The Ticket is a limited, revocable license (the “Revocable License”) granted by TCI and the Ladies Professional Golf Association (“LPGA”) to attend the Event as indicated on the Ticket. TCI and/or LPGA reserves the right, in the sole discretion of either and without refund of any portion of the purchase price of the Ticket, to revoke the Revocable License and refuse admission or eject any person who, while using the Ticket, (a) violates the terms of this Agreement, (b) appears to be or is intoxicated or under the influence of alcohol and/or narcotics, (c) exhibits conduct deemed by representatives of TCI and/or LPGA to be improper, disorderly or is dangerous, unsafe or disturbing to others and/or (d) uses vulgar, derogatory, offensive or abusive language. Holder is subject to the rules and policies of the Club, TCI and LPGA during the Event. By using the Ticket, Holder consents to allowing representatives of TCI and/or LPGA to search and inspect Holder’s and/or any Minor(s)’ person and/or any of their respective bags, clothing or other property for security purposes upon entry to the Event or at any time during the Event while any Ticket is being used. Such inspection may be by walk-through metal detection, handheld metal detection, personal inspection, or otherwise. Holder further acknowledges and agrees that Holder and/or any Minor(s) may be denied entry to the Event, or ejected from the Event, if Holder or any Minor(s) is/are in possession of any item or object TCI or LPGA considers dangerous, hazardous or inappropriate and/or potentially injurious to other ticketholders, players, staff, volunteers or any other person at the Event (collectively, “Dangerous Items”) and that any such Dangerous Items may be confiscated by TCI or LPGA. Holder, on behalf of him/herself and any Minor(s) consents to reasonable security searches by TCI or LPGA representatives while Holder is using the Ticket and Holder waives any claims that Holder and/or any Minor(s) may have against any of the Released Parties, as hereinafter defined. Holder acknowledges that none of the Released Parties, as hereinafter defined, have any liability for Holder’s and/or Minor(s)’ person or property. TCI and LPGA have instituted protocol to help alleviate the spread of COVID-19 at the Event. This protocol has been developed by TCI and LPGA based upon standards and conditions developed by, among others, the World Health Organization (“WHO”), the U.S. Center for Disease Control (“CDC”), the Ohio Department of Health (“ODH”) and the Lucas County, Ohio Health Department (“LCHD”). Due to the COVID-19 pandemic, as a condition to entry to the Event, Holder shall: (i) Truthfully answer all questions posed to Holder by any TCI or LPGA representatives concerning the Holder’s, and any Minor(s)’, present health condition, previous interactions with any persons known or suspected to be suffering from COVID-19 and such other questions related to COVID-19 as deemed reasonably necessary by TCI and/or LPGA to properly screen all ticketholders; (ii) Permit Holder’s, and any Minor(s)’, body temperature to be taken by noncontact thermometer, thermal imaging device and/or such other non-invasive means; and {00098246- } (iii) Submit to such other requirements reasonably related to the Holder’s, or any Minor(s)’, potential exposure to COVID-19. Holder acknowledges and agrees that Holder and/or any Minor(s) may be denied entry to the Event if the body temperature of Holder or any such Minor(s) exceeds a certain level (presently 100.4 degrees) or Holder or any Minor(s) does not satisfactorily answer any or all of the screening questions posed at the entry gate to the Event. Holder and any Minor(s) may also be ejected from the Event at any time by TCI or LPGA representatives if Holder or any Minor(s) is not abiding by social distancing guidelines (presently 6 feet of distance), not wearing or refusing to wear face coverings or otherwise failing to comply with posted COVID-19 rules and guidelines which will be posted at the entry gate to the Event and at various locations on the grounds of the Club (collectively, “COVID-19 Requirements”). All such COVID-19 Requirements are subject to change by TCI or LPGA without notice to Holder at any time. Holder hereby grants TCI, LPGA, The Golf Channel, CBS Sports and any other licensed media outlet the unrestricted right and license to use Holder’s image, likeness, name, voice, comments and/or other proprietary or public rights and/or those of Minor(s) in any live or recorded broadcast, telecast, photograph, video, audio, audiovisual and/or other recording taken in connection with the Event or other transmission, distribution or reproduction, in whole or in part, of the Event, worldwide, for all purposes in perpetuity and in any and all media now or hereafter known, without compensation. All rights granted hereunder are fully assignable. All Event times are subject to change at any time by TCI or LPGA, with or without notice. TCI and LPGA are not responsible for any lost, stolen or duplicated Ticket. General Assumption of Risk, Waiver and Release of Liability Holder recognizes and understands that Holder’s attendance, and the attendance of any Minor(s), at the Event is voluntary and may result in personal injury (including death) and/or property damage to Holder and/or Minor(s) and agrees to stay alert and remain aware of his/her surroundings and the surroundings of any Minor(s). Holder acknowledges and assumes all risks and dangers associated with, or incidental to, Holder and/or Minor(s) spectating, attending, observing or participating in the Event (including all warm-ups, practice rounds, pre- and post-Event activities, promotions and competitions) and the game of golf in general, including, but not limited to, the risk of being struck by errant or misdirected golf shots or golf equipment and any incidents or accidents associated with crowds of people or the negligence or misconduct of any Released Parties or other spectators whether before, during, at or after the Event together with property damage/loss, personal injury (including death) or other loss, liability or demand of whatever kind or nature, whether in law or in equity, (collectively, “Losses”) suffered by Holder or any Minor(s) arising out of the use of the Ticket whether before, during, at or after the Event (collectively, “Event Activities”). Holder, on behalf of him/herself and on behalf of any Minor(s), and each of Holder’s and Minor(s)’ respective personal representatives, heirs, spouse, guardians, executors, administrators, next of kin, successors and assigns, hereby release, covenant not to sue, discharge and hold harmless LPGA, TCI, the Club, all Event television broadcasters, Event sponsors, Event vendors and each of their respective affiliates, related entities, owners, members, trustees, directors, employees, players, volunteers, agents and representatives (collectively, “Released Parties”), of, from and against all Losses incurred or suffered by Holder or any Minor(s) arising out of use of the Ticket in connection with any Event Activities. Further, Holder hereby forever releases, discharges and covenants not to sue the Released Parties from and against any and all Losses and/or other claims which Holder and/or any Minor(s) has or may have for invasion of privacy, defamation, violation of any right or publicity, right of privacy or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder or any Minor(s) from the Event appear. COVID-19 Assumption of Risk, Waiver and Release of Liability The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID- 19 is extremely contagious and is believed to spread mainly from person-to-person contact. COVID-19 is an extremely {00098246- } contagious disease that can lead to severe illness and possibly death. An inherent risk of exposure to COVID-19 exists in any public place where people are present. According to the CDC, persons age sixty-five (65) and older and persons with underlying medical conditions are especially vulnerable to COVID-19. As a result, Federal, State and County health agencies including, but not limited to, WHO, CDC, ODH and LCHD, recommend social distancing and the wearing of facial coverings. TCI and LPGA have put in place preventative measures to reduce the spread of COVID-19 described as the COVID-19 Requirements herein; however, it is impossible to guarantee that Holder or any Minor(s) will not become infected with COVID-19 arising out of any Event Activities.