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 the Gillette Stadium Lighthouse (“Issuer”). I further agree that I am entering into this Agreement on behalf of myself, my heirs, assigns, executors, next of kin, anyone entering the Gillette Stadium Lighthouse with me including any accompanying minors, and anyone using a ticket to enter the Gillette Stadium Lighthouse issued to me (collectively, “Related Person(s)”), which persons I represent have authorized me to act on their behalf for purposes of agreeing to and providing the releases and indemnities herein.  I, as ticket holder and/or purchaser, both on my behalf and on behalf of each person who enters the Gillette Stadium Lighthouse (including the surrounding facilities, parking lots, and roadways; such property, the “Lighthouse”) using tickets issued or provided 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 the Lighthouse or receiving a discount at participating retailers, constitutes my signature on the ticket(s) and 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 enter the Lighthouse. 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. I agree that I am responsible for my own conduct and the conduct of each person who enters the Lighthouse using tickets issued to me, and that I and/or each person who enters the Lighthouse 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/health-safety/.

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 organizer of an event at the Lighthouse (the “Event Sponsor”); 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 entry into the Lighthouse by me or a Related Person (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 Related Persons, 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 or Related Person(s), 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. 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 enter the Lighthouse or attend an event at the Lighthouse. I agree that dates and times of the Lighthouse’s hours of operation and events at the Lighthouse are subject to change by the Event Sponsor or Issuer (as applicable) in their sole discretion or as a result of other events beyond its control, without refund. If the Lighthouse is closed to the public during the date specified on the ticket(s) issued to me, the sole and exclusive remedy is a refund of the lesser of (i) the amount, if any, paid to the Issuer for the ticket(s) or (ii) the face value of the ticket(s) issued to me. “Face value” means the value printed on the ticket; if the ticket does not have a value printed on it, then “face value” means the value set by Issuer at the time the ticket is issued. 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 the Lighthouse without a ticket and that re-entry is prohibited, unless permitted by NPS LLC. 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 the Lighthouse using tickets issued to me will not create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) (1) in any form, any description or account (whether text, data or visual) of the Lighthouse or events therein (collectively, “Descriptive Data”) for any commercial or non-personal purpose; (2) any images, videos, audio or other form of display or public performance or reproduction of any portion of the the Lighhouse or such events therein (“Works”) for any commercial or non-personal purpose; or (3) livestreams of any portion of the Lighthouse or such events therein (“Livestreams”). Notwithstanding the foregoing, I agree to grant Kraft Sports and Entertainment LLC and its assignees an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Works, Livestreams, and Descriptive Data.

I understand that I will be subject to search upon entry at the Lighthouse, or while in the Lighthouse, and that prohibited items, including those listed at https://www.gillettestadium.com/bag-policy/, may be confiscated. I understand that I may be subject to a health assessment prior to entering the Lighthouse, or while in the Lighthouse, 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, without refund. I grant permission to the NPS Parties 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 recorded) or any other transmission or reproduction of any recordings (including without limitation photographs, film, videotape and other types of recordings) taken at the Lighthouse, in whole or in part, and for any other purpose whatsoever, including commercial purposes, throughout the universe, in perpetuity, without any compensation to me.

Fan Health Promise

Mandatory Binding Arbitration; Waiver Of Class Action; Dispute Notice

ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS AGREEMENT OR THE LIGHTHOUSE SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. I AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE ANY SUCH DISPUTE OR CLAIM IN ANY COURT, WHETHER AS AN INDIVIDUAL, CLASS, OR COLLECTIVE CLAIM, AND WAIVE ANY RIGHT TO ARBITRATE ANY SUCH DISPUTE OR CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF I DO NOT CONSENT TO THIS CLAUSE, I UNDERSTAND THAT I MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

Should any current or future dispute, claim or cause of action related to this Agreement or the Lighthouse arise, I understand that I must first send a written notice describing the issue (a “Dispute Notice”) to: NPS LLC, One Patriot Place, Foxborough, MA 02035, Attention: Legal Department. I agree to make a good-faith effort to resolve the dispute for at least 30 days (the “Negotiation Period”) following NPS LLC’s receipt of the Dispute Notice. If the dispute cannot be resolved within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in Boston, Massachusetts conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021.  Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision. I understand that the arbitrator’s decision will be final and binding, and that other rights I may have if I went to court may not be available in arbitration.

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.

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, except to the extent that any terms of this Agreement are expressly overridden by the terms of a separate agreement signed by me and NPS LLC, this Agreement constitutes the sole and entire agreement between me and Issuer with respect to entry to the Lighthouse, and supersedes all other understandings, agreements, representations and warranties, both written and oral, with respect to entry to the Lighthouse, regardless of whether I have been issued a ticket for such Lighthouse entry.

If I have any questions or if I wish to communicate with the Lighthouse, I understand that I can send such communications to:

NPS LLC
One Patriot Place
Foxborough, Massachusetts 02035
Attention: Gillette Stadium Lighthouse Ticketing
[email protected]