Consent
I agree to ELECTRONIC DISCLOSURES AND SIGNATURES.
I agree to these TICKETING TERMS AND CONDITIONS, which include ACKNOWLEDGEMENT OF RISKS; RELEASE; WAIVER OF LIABILITY; EXTRA MATCH TERMS; AUTORENEWAL AND PAYMENT PLAN INFORMATION; AND AN ARBITRATION AGREEMENT WITH CLASS ACTION AND JURY TRIAL WAIVER.
COLUMBUS CREW
CONSENT TO ELECTRONIC DISCLOSURES AND SIGNATURES
I acknowledge that you are required to give me certain documents, such as payment authorizations and payment plans, in paper, but I can agree to electronic form and electronic signatures. If I agree to electronic disclosures, you will send required documents and other communications, such as Ticket Terms and Stadium Policies, by email or give them to me on your website.
If I choose electronic disclosures and then want a free paper copy, if my e-mail address changes, or I no longer want electronic disclosures, I agree to call you at 614-447-2739 or update my information online. Otherwise, this consent will last for the duration of my relationship with you.
To receive disclosures electronically, I must provide a current e-mail address, my device must have a current browser (Internet Explorer, Chrome, Safari, etc.) and I must be able to access, read, download, and store PDFs. By clicking I agree, I agree to electronic signatures and records and that my computer meets these standards.
TICKETING TERMS AND CONDITIONS
These Ticketing Terms and Conditions (“Terms”) include (1) General Provisions which apply to all Ticket holders; (2) Extra Match Terms; (3) Payment Authorization which applies to all purchasers enrolled in a Full Season Ticket Package or Non-Full Season Ticket Package (as defined below), regardless of whether the purchaser pays with a lump sum payment or payment plan; and (4) Auto-Renewal Terms, which apply to all Full Season and Non-Full Season Ticket Packages, regardless of whether the purchaser pays with a lump sum payment or payment plan. The Team may revise these Terms in its sole discretion and at any time.
DEFINITIONS: “Ticket” means a ticket for a Columbus Crew match played at the stadium designated by the Team as its home stadium for the applicable match (“Stadium”) (as may change from time to time in the Team’s sole discretion) and includes a ticket purchased from Team’s agent, such as a single match ticket, and a ticket purchased directly from the Team as part of a Full Season Ticket Package, partial season ticket package, or group ticket package. “Full Season Ticket Package” or “FS Ticket Package” means tickets to the following Columbus Crew matches played at the Stadium: (i) all MLS regular season home matches and, (ii) one (1) bonus match (the “Bonus Match”) to be determined by the Club in its sole discretion. If Team is unable to offer the Full Season Ticket Package due to public health concerns, reduced seating capacities, cancelled matches, or otherwise, (an “Irregular Season”), “Full Season Ticket Package” means tickets to that quantity of regular season Crew home matches and League’s Cup matches at the Stadium (if any) that constitute a “full season” as determined by the Team for such Irregular Season. "I," "me," and "my" mean the Ticket licensee identified on the associated Invoice (whether person or entity) and/or any holder of a Ticket. “Invoice” means the applicable season’s invoice and any revised invoice (as described under Section 3 and/or Section 4 below, as applicable) and any written timetable of scheduled payment amounts and due dates disclosed to me by Team. "You," "your", “Team” and "Crew" mean, collectively, Crew SC Team Company, LLC, Crew SC Training Company, LLC and Crew SC Stadium Company, LLC currently d/b/a Columbus Crew. “Non-Full Season Ticket Package” or “NFS Ticket Package” means tickets to certain Crew home matches played during the applicable MLS Season or Plan Year. “Plan Year” means the period that begins on the date the first payment specified in an Invoice is due and ends on the date when the last payment specified in the same season's Invoice is due. “Card” means the payment card account and any subsequent payment card account I provide to Team. Each MLS season, the Team may play home matches (including but not limited to a MLS regular season match) at a stadium located outside of Columbus, Ohio, including but not limited to a stadium located in Cleveland, Ohio. No refunds of payments or deposits for tickets, or exchanges, will be made based on location of a match, even if the location of such match was not known or announced at the time of your purchase.
SECTION 1: PROVISIONS APPLICABLE TO ALL TICKET HOLDERS
ACKNOWLEDGEMENT OF INHERENT RISK IN ATTENDING SPORTING EVENTS: I recognize and accept the inherent risk before, during or after a match, 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 players, by other people or by objects such as balls 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 Crew, 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 MATCH 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.
I HEREBY RECOGNIZE AND ACKNOWLEDGE THAT TEAM ROSTERS AND PLAYER LINEUPS ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO, OR DURING, THE EVENT. I FURTHER ACKNOWLEDGE THAT MANAGEMENT CAN MAKE NO REPRESENTATION, WARRANTY AND/OR GUARANTEE ARISING FROM OR RELATED TO THE PARTICIPATION OR PERFORMANCE OF ANY INDIVIDUAL PLAYER IN THE EVENT, AND MANAGEMENT HEREBY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IN ANY ADVERTISING OR PROMOTIONAL MATERIALS RELATED TO THE EVENT). I AGREE THAT MANAGEMENT SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY ALLEGATION, CLAIM, DEMAND, PROCEEDING, OR ACTION ARISING FROM OR RELATED TO THE PARTICIPATION OR ATTENDANCE OF ANY INDIVIDUAL PLAYER, OR THE PERFORMANCE OF ANY PLAYER OR TEAM, IN THE EVENT, AND THAT NO REFUND WILL BE OWED HOLDER ON THE BASIS OF NON-PARTICIPATION OR NON-ATTENDANCE OF ANY INDIVIDUAL PLAYER. BY USING A TICKET, THE USER ACKNOWLEDGES THIS DISCLAIMER AND VOLUNTARILY ASSUMES ALL RISKS RELATED TO THE ATTENDANCE OR PERFORMANCE OF SPECIFIC PLAYERS AT THE EVENT.
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 CREW, (II) MAJOR LEAGUE SOCCER, L.L.C. AND ITS AFFILIATES (“MLS”), SOCCER UNITED MARKETING, LLC (“SUM”), THE MEMBERS OF MLS AND EACH OF THE MLS TEAMS OPERATED BY THEM, 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 TEAM 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 Crew, 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 Crew, 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. For Events that are matches, the Ticket may specify a seat or standing location for the designated Event, and I may be relocated to a different seat in the sole discretion of Team and its affiliates, MLS, and/or the Stadium (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 Team and Stadium policies, including security policies, health and safety policies and assessments, gate and bag policies, the MLS fan code of conduct at www.mlssoccer.com/fan-code-of-conduct, the MLS Spectator Waiver, 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 (including my Full Season Ticket Package).
Any collection, use and/or disclosure of my data in connection with my use of this ticket license, attendance at an Event or match, 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 Crew 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.
Team 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 Team, to the extent permitted by law and without limiting any other rights or remedies available to the Team, I will be personally responsible for such payment and for any collection costs and attorneys’ fees incurred by Team. 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 Team’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, MANAGEMENT’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, SUSPENDED AND FUTURE MATCHES. The date, time and location 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 Team 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 Team will either (i) reduce the total amount due to Team 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 Team via phone at 614-447-2739 or such other method approved by Team. Nothing herein, including without limitation the Team’s issuance of Tickets, shall operate as or constitute any representation, warranty, covenant or guarantee by the Management that any number of matches shall be open to the public, played 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 unplayed or unavailable matches or unavailable Events other than as expressly set forth in these Terms. Nothing in the Tickets, a Payment Plan, an Invoice, or these Terms grants a right to postseason matches, future matches, 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.
IN THE EVENT THAT THE EVENT COMMENCES AT ITS SCHEDULED DATE AND TIME BUT IS DELAYED OR POSTPONED AT ANY POINT PRIOR TO ITS CONCLUSION DUE TO INCLEMENT WEATHER OR FOR ANY OTHER REASON (HEREINAFTER A “SUSPENDED MATCH”), HOLDER RECOGNIZES AND ACKNOWLEDGES THAT THIS LICENSE DOES NOT GRANT RE-ENTRY FOR ANY DATE AND TIME SCHEDULED FOR RECOMMENCEMENT OF THE REMAINDER OF THE EVENT. MANAGEMENT, IN ITS SOLE DISCRETION, WILL BE ENTITLED TO DETERMINE WHETHER THIS TICKET WILL PERMIT ENTRY TO THE SUSPENDED MATCH AT THE DATE AND TIME FOR WHICH IT IS RESCHEDULED OR AT WHICH PLAY RESUMES, OR WHETHER ANY REFUNDS SHALL BE ISSUED FOR THIS TICKET.
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 match or related events (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 match or related events (the “Works”); or (3) livestreams of any portion of the match 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 MLS, Soccer United Marketing, LLC and the Team (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 Team and MLS (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.
ACCOUNT OWNERSHIP AND TRANSFER. Membership accounts, account numbers, Payment Plans, and Full Season Ticket Packages are not transferable except as permitted by Team in its sole discretion. The member name under which an account has been established may not be changed (unless required by law or otherwise permitted by the Team), with the following exceptions: legal name change, change in marital status, change in business name, or sale of business. The accountholder is responsible for providing the Team with up-to-date contact information; the failure to provide up-to-date contact information may affect my rights and benefits outlined herein. All requests for account information changes must be submitted in writing. Only one (1) individual or entity shall be listed as the accountholder on the account.
COMMUNICATIONS. I authorize you and your 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 Team 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”). Team 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 Judicial Arbitration and Mediation Services, Inc. (“JAMS”). 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. Team and I understand that certain customary rights that Team 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. TEAM 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. Team 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. Team 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 Team 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. Team 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 Team employees, affiliated companies and vendors.
Team will be responsible for paying all arbitration fees, other than the lower amount of filing fees I would have incurred in either a state or federal court in Columbus, Ohio, as applicable. Notwithstanding any other provision herein, Team 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, Team 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 termination of any Payment Plan and any related agreement, my fulfillment or default of my obligations under any Payment Plan or any related agreement, and/or my or Team’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 Team 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, Team 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, Team 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.
SECTION 2: EXTRA MATCHES
Each year, the Columbus Crew may or will participate in the MLS Playoffs, League’s Cup Tournament, Concacaf Champions Cup, U.S. Open Cup, and/or other soccer matches outside of the MLS regular season (each, an “Extra Match”). For any Extra Match played by the Crew at the Stadium (excluding the League’s Cup Final and MLS Cup), Full Season Ticket Members will be auto-enrolled to purchase such Extra Match tickets but will have the ability to opt-out of purchasing the tickets prior to the match (“Opt-Out Rights”). With regards to any Opt-Out Rights, Full Season Ticket Members agree that they will respond to the Team’s opt-out communications during the opt-out window communicated to them. Full Season Ticket Members further agree that if they fail to opt-out by the applicable deadline, they will make the payment(s) specified in the applicable invoice.
SECTION 3: PAYMENT AUTHORIZATION
This Payment Authorization applies to all FS and NFS Plans and Payment Plans.
Only one of the following statements (a or b) shall apply:
- If I paid for this Plan Year’s Full Season Ticket Package in one lump sum or using a payment plan, I hereby authorize Team to charge the Card for Payment Plan payments (as applicable) AND:
- For this Plan Year, if I do not opt-out within the window communicated to me by the Team: the Ticket cost for any Extra Match not included in the FS Ticket Package.
- In future Plan Years, if I do not opt-out within the window communicated to me by the Team (x) the FS Auto-Renewing Plan payment(s) in the amounts specified in the Invoice for such future Plan Year, as it may be amended; and (y) the Ticket cost for any Extra Match that is not included in the FS Ticket Package.
- If I paid for this Plan Year’s Non-Full Season Ticket Package in one lump sum or using a payment plan, I hereby authorize Team to charge the Card for Payment Plan payments (as applicable) AND:
- In future Plan Years, if I do not opt-out within the window communicated to me by the Team (x) the NFS Auto-Renewing payment(s) in the amounts specified in the Invoice for such future Plan Years, as it may be amended; and (y) the Ticket cost for any Extra Match not included in the NFS Ticket Package.
I can opt-out of purchasing the additional Tickets described in this Section by contacting the Crew at 614-447-2739 by the deadline communicated by the Crew with regards to each applicable additional Tickets (e.g., auto-renewing plans, Extra Match Tickets, etc.). If I do not contact the Crew by the applicable deadline communicated by the Crew, I acknowledge, understand and authorize the Crew to charge the Card for additional Tickets in this Plan Year and in future Plan Years (as applicable) and agree that I will not be entitled to any refund for any additional Tickets if I fail to opt-out of purchasing any tickets.
I authorize Team to correct an error in processing a charge by initiating a credit or debit to the Card. If a required payment is reduced by a credit, I authorize Team to charge the Card such reduced amount. I authorize Team to reinitiate any charge that is rejected two or more times, as permitted by network rules. I acknowledge that Team is not obligated to reinitiate any charge that is rejected and may terminate the Payment Plan in accordance with these Terms if a charge is rejected. I agree to update my Card information if it changes and can ask questions by contacting Team at 614-447-2739. I represent and warrant that I am the owner or authorized user of the Card.
I may cancel this Payment Authorization at any time by contacting Team (within such time as to allow Team a reasonable amount of time to process and act on my request). Each charge to the Card will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.
SECTION 4: AUTOMATIC RENEWAL OF FS AND NFS PLANS
This Section applies to all Full Season and Non-Full Season Ticket Package Plans.
By purchasing Full Season or Non-Full Season Ticket Packages, as applicable, I acknowledge, understand and agree that Team will automatically renew my FS or NFS Ticket Package and participation in the Payment Plan (if I have elected to participate in a payment plan) each Plan Year.
Team sets season ticket prices and other ticket prices annually. Team sets the renewal terms and conditions, including, at its discretion, at higher prices. Team determines in its sole discretion the matches included in NFS ticket package plans. Team will provide the final schedule of payment dates and amounts through a new Invoice, and provide an opportunity to opt-out of the FS or NFS Plans and/or payment plans. To prevent automatic renewal, I will respond to Team’s opt-out communication or call Team at 614-447-2739 during the thirty (30) day window communicated to me upon delivery of the new Plan Year’s Invoice. If I opt-out by the Team’s deadline, I will receive a refund of payments (if any) I made towards the renewed FS or NFS Plan. If I do not opt-out by the applicable deadline, I agree to the change in Ticket pricing and to making the payment(s) specified in the revised Invoice.
For Payment Plans, Team allocates payments among Events to which I purchased Tickets, beginning with the Tickets purchased to the first Event, then the Tickets purchased to the second Event, then the Tickets purchased to the third Event and so on until all payments made to Team have been so allocated among the Events. Team reserves the right to cancel my enrollment in the FS or NFS Payment Plan or any given seats, including if I fail to make any payment within ten (10) days of its due date (or longer if required by law), and require that I pay for my Tickets by some other means. There are no additional charges for the FS or NFS
Payment Plan or the cancellation of the FS or NFS Payment Plan. All renewals are subject to these Terms until or unless new Terms are issued with the new season. If these Terms conflict with the new Terms, the new Terms control.