Last Modified: August 12, 2024
IMPORTANT: READ THESE TERMS AND CONDITIONS, IN PARTICULAR, THE MANDATORY BINDING ARBITRATION; SMALL CLAIMS; WAIVER OF CLASS ACTION; DISPUTE NOTICE SECTION HEREIN, 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 the issuer of my ticket(s) to Gillette Stadium (“Issuer”). I further agree that I am entering into this Agreement on behalf of myself, my heirs, assigns, executors, next of kin, anyone attending an event at Gillette Stadium (each, an “Event”) with me including any accompanying minors, and anyone using a ticket to an Event issued to me (collectively, “Related Persons”), 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 Gillette Stadium (including the surrounding facilities, parking lots, and roadways; such property, “Gillette Stadium”) 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 Gillette Stadium 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 Events. 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, unless such tickets are transferred via a platform and method that is officially authorized by NPS LLC (an “Authorized Distribution Platform”). 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; 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/stadium-safety/. As a New England Patriots or New England Revolution 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, hazards and dangers, including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses, and the risk of lost, stolen or damaged property, incident to each Event I attend, and whether occurring before, during, or after each such Event. I UNDERSTAND THAT IF I AM ENTERING INTO THIS AGREEMENT ON BEHALF OF A MINOR, I AM AGREEING TO LET THE MINOR ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING SUCH ACTIVITIES, THERE IS A CHANCE THE MINOR MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED; AND THAT I AM GIVING UP THE MINOR’S RIGHT AND MY RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO THE MINOR OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY.
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 the Event (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 Event I or a Related Person attends (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 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) resale occurs through an Authorized Distribution Platform. I acknowledge and agree that any tickets resold in an unauthorized manner 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, the opening of gates, and opponents are subject to change by the MLS, NFL, the Event Sponsor, or Issuer (as applicable) in their 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, or an Event takes place under conditions that prohibit the ticket(s) issued to me from being used to attend the Event, 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. Prior to the issuance of a refund, I may request to NPS LLC that the Issuer provide a credit equal to 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, to be used in connection with the purchase of ticket(s) to a future similar Event at Gillette Stadium. Unless tickets for such Event are unavailable or the Authorized Distribution Platform does not allow credits, Issuer will provide such credit for such purpose. “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 Gillette Stadium without a ticket and that re-entry is prohibited, unless permitted for particular Events by the Event Sponsor. I understand that seats in Gillette Stadium may be relocated in the sole discretion of Issuer, and no such relocation shall entitle me, or any person who enters Gillette Stadium using tickets issued to me, to a refund or any other remedy if such seat(s) are relocated to seat(s) of comparable face value. 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 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, and including, without limitation, play-by-play data) of the Event or related events (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 Event or related events (“Works”) for any commercial or non-personal purpose; or (3) livestreams of any portion of the Event or related events (“Livestreams”). Notwithstanding the foregoing, for New England Patriots Events, I agree to grant the NFL an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Works, Livestreams, and Descriptive Data; for other Events, 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 Gillette Stadium, or while in Gillette Stadium, 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 Gillette Stadium, or while in Gillette Stadium, 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 an exclusive worldwide, irrevocable, perpetual, sublicensable, royalty-free license to the NPS Parties, NFL, MLS, SUM, other participating clubs, Event Sponsors, and their designees (as applicable, depending on the nature of the Event) 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 an Event, in whole or in part, and for any other purpose whatsoever, including commercial purposes, without any compensation to me.
Mandatory Binding Arbitration; Small Claims; Waiver Of Class Action; Dispute Notice
EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS AGREEMENT OR AN EVENT THAT CANNOT BE SETTLED THROUGH INFORMAL NEGOTIATION SHALL BE RESOLVED EXCLUSIVELY BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. YOU AND THE ISSUER 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 YOU DO NOT CONSENT TO THIS CLAUSE, YOU MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
Any dispute or claim related to, or arising from, this agreement or an event that falls within the jurisdictional scope and limits of the small claims court where you reside, however, must be brought in that court on an individual basis. Such disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction. The party initiating the small claims court proceeding shall submit a certification of compliance with mandatory pre-dispute resolution process set forth in the following paragraph to that court. The certification must be personally signed by that party (and counsel, if represented).
Claims filed by you or us in court to enjoin infringement or other misuse of intellectual property rights are also not subject to arbitration.
Should any current or future dispute, claim or cause of action related to this Agreement or the Event arise, the party initiating the dispute must first send a written notice describing the issue to the other party (a “Dispute Notice”). You must send the Dispute Notice to: NPS LLC, One Patriot Place, Foxborough, MA 02035 attention: Legal Department. The Issuer will send any such Dispute Notice to you at the most recent contact information the Issuer has on file for you, if Issuer has such contact information. The Dispute Notice must be personally signed by you (if you are initiating the Dispute Notice) or by a representative of the Issuer (if the Issuer is initiating the Dispute Notice). You and the Issuer agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of a Dispute Notice. If the party receiving the Dispute Notice requests a telephonic settlement conference during the Negotiation Period, you and the Issuer agree to participate in an effort to resolve the dispute. Should the Issuer make the request, you agree to attend this conference (with counsel, if represented). If you make the request, the Issuer agrees to have a representative attend this conference (with counsel, if the Issuer is represented). If the sufficiency of a Dispute Notice or compliance with this mandatory pre-dispute resolution process described in this paragraph is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while you and the Issuer engaged in the mandatory pre-dispute resolution process described in this paragraph.
If the dispute cannot be resolved within the Negotiation Period, except as otherwise provided herein, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021. The JAMS Mass Arbitration Procedures and Guidelines, effective May 1, 2024, shall apply, however, if your claim is one of twenty-five (25) or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination. JAMS rules and procedures can found at https://www.jamsadr.com/adr-rules-procedures/.
The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the mandatory pre-dispute resolution process; (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
When you initiate arbitration against the Issuer, the only JAMS costs required to be paid by you is $250. All other JAMS arbitration costs will be borne by the Issuer, including any remaining JAMS Filing Fee, Case Management Fee and all professional fees for the arbitrator’s services. When the Issuer initiates an arbitration against the consumer, the Issuer will pay all JAMS costs associated with the arbitration.
Except as otherwise set forth herein, 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 attendance at a ticketed Gillette Stadium Event, and supersedes all other understandings, agreements, representations and warranties, both written and oral, with respect to attendance at a ticketed Gillette Stadium Event, regardless of whether I have been issued a ticket to such Event.
If I have any questions or if I wish to communicate with Gillette Stadium, I understand that I can send such communications to:
NPS LLC
One Patriot Place
Foxborough, Massachusetts 02035
Attention: Gillette Stadium Ticketing
[email protected]
