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 New England Patriots LLC (“NEP”). 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.
As a member of the New England Patriots (“Patriots”) fan community, I understand that NEP has maintained and will continue to maintain a record of my transactions with NEP and its affiliates as a Patriots fan, including but not limited to Patriots ticket purchases. From time to time, I may purchase or otherwise obtain tickets to Patriots home games. I understand that Patriots tickets issued to me are non-transferable revocable licenses, and that the Patriots reserve the right to revoke such licenses, in their sole discretion, at any time and for any reason. 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 or fails to comply with any applicable rules. As a Patriots 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 of property loss and personal injury incident to each event I attend at Gillette Stadium. 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; NPS LLC; other participating clubs; each of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, affiliates, 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) I resell solely through the NFL’s officially authorized ticket 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 NFL in its 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, the sole and exclusive remedy is a refund of the face value of the ticket(s) issued to me.
I understand that no person, regardless of age, may enter Gillette Stadium without a ticket, and that re-entry is prohibited. 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 description, account, picture, reproduction, or other depiction (including text, data, or visual) 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. I agree to grant the NFL an exclusive, worldwide, sub-licenseable, royalty-free license to all copyrights associated with the Works. I understand that I will be subject to search upon entry at Gillette Stadium, and that prohibited items may be confiscated. I consent to and waive any claim based on such searches, and agree that failure to consent will result in denial of entry. I grant permission to the NFL, NEP, NPS LLC, other participating clubs, and their designees 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 record) 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, NEP, NPS LLC, the Town of Foxboro, and any of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, affiliates, 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 the Patriots on one or more occasions shall not constitute a waiver of any such right on any other occasion.