Historic Crew Stadium Ticketing Terms & Conditions

Consent

I agree to ELECTRONIC DISCLOSURES AND SIGNATURES.

I agree to TICKETING TERMS AND CONDITIONS, which include ACKNOWLEDGEMENT OF RISKS; RELEASE; WAIVER OF LIABILITY; AND AN ARBITRATION AGREEMENT WITH CLASS ACTION AND JURY TRIAL WAIVER.

 

DEFINITIONS: “Ticket” means a ticket for a ticketed event (“Event”) held at Historic Crew Stadium (“Stadium”). “I,” “me,” and “my” mean the Ticket licensee identified on the associated invoice (whether person or entity) and/or any holder of a Ticket. “You,” “your”, and “Company” mean, collectively, Crew SC Team Company, LLC, Crew SC Training Company, LLC and Crew SC Stadium Company, LLC currently d/b/a Columbus Crew.

 

Section 1: Provisions Applicable to all Ticket Holders 

ACKNOWLEDGEMENT OF INHERENT RISK IN ATTENDING EVENTS:  I recognize and accept the inherent risk before, during or after an Event, including the risk of contracting a communicable disease or illness (including, without limitation, COVID-19), the risk of physical injury or death, however caused, whether by other people or by objects entering the spectator area, or otherwise, and the risks of lost, stolen or damaged property (the “Risks”). I understand that precautions, including the protocols that may be implemented from time to time by the Company, cannot eliminate the Risks and that these are Risks to both me and my contacts (e.g., my spouse, family members and other contacts).

 

VOLUNTARY ASSUMPTION OF RISK: I UNDERSTAND AND, ON BEHALF OF MYSELF AND ANY MINORS WHO ACCOMPANY ME (“Related Persons”), KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS INCIDENT TO THE EVENT AND RELATED EVENTS, INCLUDING MY ENTRY INTO, AND PRESENCE IN, THE STADIUM OR ITS ENVIRONS, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASEES (AS DEFINED BELOW), OR OTHER THIRD PARTIES.  I ACCEPT PERSONAL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITY, AND OTHER LOSSES THAT I OR ANY OF MY RELATED PERSONS MAY INCUR IN CONNECTION WITH THE FOREGOING RISKS.

 

RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE: ON BEHALF OF MYSELF AND EACH OF MY RELATED PERSONS, I HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASE, WAIVE, AND DISCHARGE (AND COVENANT NOT TO SUE), EACH AND ALL OF THE RELEASEES FROM (OR WITH RESPECT TO) ANY AND ALL CLAIMS, SUITS, CAUSES OF ACTION, AND CLAIMS FOR DAMAGES, WHETHER PAST, PRESENT, OR FUTURE, AND WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH MY DEATH, PERSONAL INJURY, ILLNESS, DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, WHICH I OR ANY OF MY RELATED PERSONS MAY HAVE OR HEREAFTER ACCRUE AGAINST ANY OF THE RELEASEES AS A RESULT OF OR THAT RELATE IN ANY WAY TO (I) MY EXPOSURE TO COVID-19; (II) MY TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE STADIUM OR COMPLIANCE WITH THE STADIUM PROTOCOLS OR ANY OTHER POLICIES OR PROTOCOLS APPLICABLE TO THE STADIUM; (III) ANY INTERACTION BETWEEN ME AND ANY PERSONNEL OF ANY OF THE RELEASEES PRESENT AT THE STADIUM (INCLUDING, WITHOUT LIMITATION, ANY USHERS, TICKET-TAKERS, EVENT SECURITY, HEALTH AND SAFETY PERSONNEL, OR CLEANING, CONCESSIONS, OR PARKING PERSONNEL); OR (IV) ANY OF THE RISKS IDENTIFIED IN THE PRECEDING PARAGRAPHS OF THIS SECTION, IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION, OR NEGLIGENCE OF ANY RELEASEE OR OTHERWISE.

 

DEFINITION OF “RELEASEE”: (I) THE COMPANY, (II) MAJOR LEAGUE SOCCER, L.L.C. AND ITS AFFILIATES (“MLS”), SOCCER UNITED MARKETING, LLC (“SUM”), AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT AFFILIATES, MEMBERS, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, INVITEES, AND CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS), AND OTHER PERSONNEL (COLLECTIVELY, INCLUDING MLS, SUM, AND THE COMPANY ENTITIES, THE “MLS PARTIES”); (III) THE DIRECT AND INDIRECT OWNERS, LESSEES, AND SUBLESSEES OF THE STADIUM; (IV) CONCESSIONAIRES, MERCHANDISERS, OTHER VENDORS, AND ALL OTHER CONTRACTORS PERFORMING SERVICES AT THE STADIUM; (V) OTHER THIRD PARTIES PRESENT AT OR FROM TIME TO TIME BROUGHT TO THE STADIUM (INCLUDING, WITHOUT LIMITATION, MEDICAL PERSONNEL); AND (VI) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES, AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, 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.

 

I understand that the RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE, given above, is a material inducement for my admission to and continued presence at the Stadium and that the Company, other MLS Parties, and the other Releasees are relying upon it; I further agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by any of the Company, other MLS Parties, or other Releasee.

 

REVOCABLE LICENSE. Each Ticket is a revocable license that only grants entry into the Stadium for the specified event (each, an “Event”), with no right of reentry. I acknowledge and agree that though my Ticket may specify a seat or standing location for the designated Event, I may be relocated to a different seat in the sole discretion of Company and its affiliates (collectively, “Management”), and no such relocation shall entitle me to a refund or any other remedy if I am relocated to a seat of comparable face value. I, on behalf of myself and any minors who accompany me when seeking entry to the Stadium pursuant to this license, agree that this license is subject to these Terms, the terms on the Ticket (the “Ticketback Terms”) and the Stadium Policies (defined below). I must comply with all Company and Stadium policies, including security policies, health and safety policies and assessments, gate and bag policies, and other policies found on www.ColumbusCrew.com (collectively, the “Stadium Policies”), all of which are incorporated into these Terms and which may be updated from time to time. When seeking entry, I and my belongings may be searched or assessed and prohibited items may be confiscated. I consent to and waive all claims relating to such searches and assessments, and if I do not consent to them, Management has the right to deny admission or to eject me from the Event without refund. Admission may be denied or revoked at any time at the sole discretion of Management if Management determines any ticket holder’s conduct violates these Terms (including any Stadium Policies), or is otherwise disorderly or complicit in such conduct, without refund. Failure to comply with these Terms shall result in forfeiture of this license and all associated rights without refund, and shall entitle Management to pursue all legal remedies available, including revocation or cancellation of my Tickets.

Any collection, use and/or disclosure of my data in connection with my use of this ticket license, attendance at an Event, or use of the websites, mobile applications, and other online or offline services of the MLS or the Crew, including without limitation use of Stadium Wi-Fi network, (the “Services”), are subject to the Major League Soccer privacy policy located

at https://www.mlssoccer.com/legal/privacy-policy, which provides greater detail on how my personal information may be used and how to exercise any rights I may have under applicable law. In addition to the MLS privacy policy, other Company or Stadium privacy policies may apply to me depending on the Services I am using. By using the Services, I acknowledge that I have read and understood the terms of the applicable privacy policy.

 

Company reserves the right to not activate, deactivate and/or revoke my license to Tickets if payment has not been made. If my payment is reversed, disputed or otherwise not credited to the Company, to the extent permitted by law and without limiting any other rights or remedies available to the Company, I will be personally responsible for such payment and for any collection costs and attorneys’ fees incurred by Company. All Ticket sales are final, and no refunds of payments or deposits for tickets, or exchanges, will be made except as provided for herein or in the Company’s sole discretion. Management is not responsible for lost, stolen, destroyed, duplicated, or counterfeit tickets and may refuse to honor such tickets.

 

LIMITATION OF LIABILITY. IN NO EVENT SHALL RELEASEES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF THE FACE VALUE (AS DEFINED BELOW) OF THE TICKET(S) PURCHASED. Further, the Company’s liability for any breach of these Terms (which include the Ticketback Terms and the Stadium Policies) shall not exceed the Face Value.

 

RESCHEDULED, UNAVAILABLE AND FUTURE EVENTS. The date and time of the Event (and the opening of the gates) are subject to change by Management in its sole discretion, and no such change shall entitle me to a refund or other remedy if I cannot attend or for any other reason. The sole and exclusive remedy if my admission is refused or revoked for reasons other than my breach, or an Event is cancelled or is otherwise unavailable to me for any reason and not replayed, is a refund of up to the face value of the Ticket as set by Management (the “Face Value”). If I have purchased directly from Company and have fully paid for Ticket(s) to an Event and my entry to such Event is denied for reasons other than my breach of these Terms (including the Ticketback Terms and the Stadium Policies), then Company will either (i) reduce the total amount due to Company by the Face Value; (2) issue a credit to my account for the Face Value; or (3) issue me a refund in the amount of the Face Value upon my request as communicated directly to Company via phone at 614-447-2739 or such other method approved by Company. Nothing herein, including without limitation the Company’s issuance of Tickets, shall operate as or constitute any representation, warranty, covenant or guarantee by the Management that any number of events shall be open to the public, held at the Stadium or other facility, or played before a full capacity audience, and no Releasee shall have any liability whatsoever with respect to any unavailable Events other than as expressly set forth in these Terms. Nothing in the Tickets or these Terms grants a right to other events or anything other than the Event(s) indicated on the Ticket(s) I have purchased and paid for, subject to the remainder of these Terms.

 

RESTRICTIONS. I agree not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) (1) any description or account (in any form, whether text, data or visual, and including, without limitation, play-by-play data) of the event(s) that I attend at the Stadium (collectively, the “Descriptive Data”) for any commercial or non-personal, purpose; (2) any photographs, images, videos, audio or other form of display or public performance or reproduction of any portion of the Event or related events (the “Works”); or (3) livestreams of any portion of the Event or related events (the “Livestreams”). Tickets are not redeemable for cash and may not be used for any commercial or trade purposes (e.g., resale for non-personal, business use; advertising; promotions; contests; sweepstakes; giveaways; gambling or gaming activities) without the express written consent of the Crew and/or MLS.  Use of Ticket(s) in violation of any law, including the unlawful resale or unlawful attempted resale of this ticket, is prohibited and will result in seizure, revocation and/or forfeiture of the Ticket license without refund or compensation.

USE OF IMAGE.  I understand and agree that by using a ticket to enter the Stadium, I grant, as applicable, the Company, MLS, Soccer United Marketing, LLC and/or the Event promoters or performers, and their respective affiliates, sponsors, licensees, advertisers, broadcasters, designees, partners, and agents, an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works, the Livestreams, and, to the extent permitted by law, the Descriptive Data. I grant irrevocable permission to the Company, MLS, SUM and the Event promoters or performers (and their respective affiliates, sponsors, licensees, advertisers, broadcasters, designees, partners, and agents) to use, publish, distribute, edit, modify and/or alter my image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, transmission, publication or reproduction of the Event for any purpose without further authorization or compensation, and waive all claims and potential claims relating to such use unless prohibited by law.

 

COMMUNICATIONS. I authorize the Company and its affiliates, agents, and service providers (collectively, “Messaging Parties”) to contact me using automatic dialing systems, artificial or prerecorded voice messages, texts, email, or similar methods to provide you with information about these Terms, including information about payments and Events. I authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless numbers) or email addresses I supply to the Messaging Parties, even if I am charged for the contact by my service provider. I expressly authorize the Messaging Parties to monitor and record my calls. To withdraw this authorization, contact the Company at 614-447-2739, or, Attn: Marketing Opt-Outs, Columbus Crew, 1 Black and Gold Blvd., Columbus, OH 43211.

 

INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (“Arbitration Agreement”). Company and I hereby agree to resolve any and all claims, controversies and disputes, except for claims filed in a small claims court that proceed on an individual, non-representative basis, including, but not limited to those relating in any way to any these Terms and/or any Tickets, memberships, season ticket plans, payment plans, Invoices, games, Events, marketing efforts, promotions, or any of our dealings with one another during any current or future season (individually and collectively, the “Claims”), through BINDING INDIVIDUAL, CONFIDENTIAL, ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”).  Either party to this Agreement may also remove a case filed in Arbitration to a small claims court in Franklin County, Ohio, at their individual discretion.  All issues, including arbitrability, are for the arbitrator to decide.  This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Company and I understand that certain customary rights that Company and I would otherwise have in state or federal court will not be available or will be more limited in arbitration, including the right to appeal.

 

BEFORE INITIATING ANY ARBITRATION PROCEEDING, A WRITTEN “NOTICE OF DISPUTE” MUST CONTAIN THE FOLLOWING INFORMATION: (I) INFORMATION SUFFICIENT TO IDENTIFY ANY TRANSACTION, ACTIVITY, AND ACCOUNT AT ISSUE; (II) CONTACT INFORMATION OF THE CLAIMANT (INCLUDING NAME, ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS); AND (III) A DETAILED DESCRIPTION OF THE NATURE AND BASIS OF THE DISPUTE (INCLUDING THE DATE OF ANY TRANSACTION OR ACTIVITY AT ISSUE) AND THE RELIEF SOUGHT, INCLUDING A CALCULATION FOR IT. THE NOTICE MUST BE PERSONALLY SIGNED BY HOLDER (AND THEIR COUNSEL, IF REPRESENTED). IF HOLDER HAS A DISPUTE, THEY SHALL SEND A COMPLETED NOTICE OF DISPUTE BY MAIL TO COLUMBUS CREW, 1 BLACK AND GOLD BLVD., COLUMBUS, OH 43211, ATTN: TICKETING DEPARTMENT. A COPY OF THE NOTICE OF THIS IS A CONDITION PRECEDENT TO ARBITRATION.  COMPANY AND I AGREE TO MAKE A GOOD FAITH EFFORT TO RESOLVE ANY DISPUTE FOR AT LEAST SIXTY (60) DAYS FOLLOWING RECEIPT OF A COMPLETED NOTICE OF DISPUTE.

 

CLASS ARBITRATION WAIVER:  If I do not reject this Arbitration Agreement, I understand that I am agreeing to RESOLVE ANY AND ALL OF MY CLAIMS, CONTROVERSIES, AND DISPUTES ON A BINDING INDIVIDUAL BASIS.  I ALSO HEREBY AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED OR COLLECTIVE ARBITRATION OF ANY KIND, OR ANY PROCEEDING SIMILAR TO THE PROCEEDINGS LISTED ABOVE. Company and I hereby agree that a dispute will be deemed to be Class Arbitration if two or more similar demands for arbitration are filed on behalf on myself and another claimant and my counsel represents the other claimant(s) and coordinates activities across the arbitrations.  Company and I also agree that the arbitrator(s) may not consolidate the claims of multiple parties, nor bill, process, or manage the claims of multiple parties in a joint or consolidated manner.

 

In the event of any conflict or inconsistency between this Arbitration Agreement and the applicable rules of any arbitral organization, the terms and conditions of this Arbitration Agreement shall control.

 

Any and all arbitrations shall take place in Columbus, Ohio, regardless of where I reside or from where I purchased the Ticket.  The arbitrator shall be authorized to award any relief that would have been available in the courts of the State of Ohio, provided that the available relief and the arbitrator’s authority is limited to Company and me alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect. The arbitrator’s decision shall be final and binding. Company and I agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to those I permit to use my tickets and relevant Company employees, affiliated companies and vendors.

 

Notwithstanding any other provision herein, Company and I may each seek relief in a small claims court for disputes within its jurisdiction, and either party may remove a dispute brought in arbitration to small claims court. In addition, Company and I each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Arbitration Agreement, if the class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the Company’s bankruptcy or insolvency (to the extent permitted by applicable law).

 

I HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT I MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH BELOW. If I do not wish to be bound by this Arbitration Agreement, I must notify Company in writing within sixty (60) days after the date I agree to these Terms and Conditions. I must send my request to Columbus Crew, 1 Black and Gold Blvd., Columbus, OH 43211, Attn: Ticketing Department or such other address provided to me. The request must include my full name, address, account number, and the statement “I reject the Arbitration Agreement contained in the Ticketing Terms.” If I exercise my right to reject arbitration, the other terms of the Ticketing Terms shall remain in full force and effect as if I had not rejected arbitration.

 

MISCELLANEOUS. Except as set forth in the Arbitration Agreement, these Terms are governed by Ohio law applicable to agreements made and performed entirely in Ohio, without regard to conflicts of laws. To the fullest extent permitted by law, Company and/or MLS reserves the right to modify the pricing and/or seat locations of Tickets, Ticketback Terms, Stadium Policies, and these Terms in its sole discretion and for any lawful reason. Notwithstanding anything to the contrary herein, Company reserves all rights under all other applicable law. Except as set forth in the Arbitration Agreement, if any provision of these Terms is invalid or unenforceable, such provision will be amended to the minimum extent necessary to make such provision enforceable, and the remainder of the Terms will not be affected. I represent and warrant that I have the authority to sign on behalf of, and bind, the licensee of the Tickets governed by these Terms and Conditions.