ARBITRATION AND RELEASE & WAIVER OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING THIS ARBITRATION AND RELEASE & WAIVER OF LIABILITY RELEASE AGREEMENT (THIS "AGREEMENT"). THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to enter and remain at State Farm Stadium, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas (collectively, the "Venue") and in addition to any other terms and conditions associated with the ticket(s) to the event to which this Agreement relates (the "Event"), Holder (as defined below), on behalf of Holder and his or her heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (collectively, "Related Persons") (which persons Holder represents and warrants have authorized Holder to act on their behalf for all purposes of this Agreement) and other persons acting or purporting to act on behalf of Holder or any Related Person, hereby acknowledges and agrees to the terms and conditions set forth in this Agreement.
This Agreement has been entered into in connection with the issuance of one or more tickets to the Event. The person to whom such ticket(s) have been issued, together with any accompanying minors, is referred to herein as "Holder."
THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT ARE IN ADDITION TO ANY OTHER TICKET TERMS AND CONDITIONS. IN THE EVENT OF ANY CONFLICT BETWEEN THESE THIS AGREEMENT AND ANY SUCH OTHER TERMS AND CONDITIONS, THIS AGREEMENT SHALL CONTROL.
1. ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. Holder fully understands that:
(a) the novel coronavirus commonly known as COVID-19 and any resulting disease (together with any mutation, adaptation, or variation thereof, "COVID-19" ) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present;
(b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the Venue (collectively, the "Venue Protocols") by local, state and federal governmental agencies; Arizona Sports and Tourism Authority; ASM Global; Arizona Cardinals Football Club LLC; New Cardinals Stadium, LLC; Stadium Development LLC; and/or the NFL (as applicable), (individually or collectively, "Management"), can eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Holder's spouse, family members, and other persons in proximity to Holder; and
(d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
2. ASSUMPTION OF RISKS, HAZARDS AND DANGERS. HOLDER, ON BEHALF OF HIMSELF OR HERSELF AND RELATED PERSONS, FULLY UNDERSTANDS AND HEREBY KNOWINGLY, VOLUNTAIRLY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, WHETHER OCCURING BEFORE, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR HIS OR HER VOLUNTARY PARTICIPATION IN AND/OR ATTENDANCE AT THE EVENT. HOLDER HEREBY ASSUMES, ON BEHALF OF HIMSELF OR HERSELF AND RELATED PERSONS, ALL RESPONSIBILITY FOR CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
3. RELEASE, WAIVER & COVENANT NOT TO SUE.
(a) HOLDER, ON BEHALF OF HIMSELF OR HERSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT HOLDER OR ANY OF HOLDER'S RELATED PERSONS MAY HAVE (OR WHICH MAY HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 2 (ASSUMPTION OF RISKS, HAZARDS AND DANGERS), INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) HOLDER'S EXPOSURE TO COVID-19; (II) ANY RELATED PERSON'S EXPOSURE TO COVID-19, (III) HOLDER'S (AND/OR ANY RELATED PERSON'S) TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE VENUE AND/OR COMPLIANCE WITH THE VENUE POLICIES, PROCEDURES AND PROTOCOLS; (IV) ANY INTERACTION BETWEEN HOLDER (AND/OR ANY RELATED PERSON) AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE VENUE (INCLUDING, WITHOUT LIMITATION, ACCESS MANAGEMENT PERSONNEL, USHERS, TICKET-TAKERS, SECURITY, HEALTH, SAFETY AND MEDICAL PERSONNEL, OR CLEANING, CONCESSION, OR PARKING PERSONNEL); OR (V) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS) (COLLECTIVELY, THE "CLAIMS"), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE.
(b) FOR THE PURPOSES OF THIS AGREEMENT, THE TERM "RELEASED PARTIES" MEANS: (I) ARIZONA SPORTS AND TOURISM AUTHORITY; ASM GLOBAL; ARIZONA CARDINALS FOOTBALL CLUB LLC; NEW CARDINALS STADIUM, LLC; STADIUM DEVELOPMENT LLC; THE NATIONAL FOOTBALL LEAGUE AND ITS MEMBER CLUBS, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, AND EMPLOYEES; (II) THE DIRECT AND INDIRECT OWNERS, LESSEES AND SUBLESSEES OF THE VENUE; (III) ALL THIRD PARTIES PERFORMING SERVICES AT THE VENUE IN CONNECTION WITH THE EVENT; AND (IV) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES OF ANY OF THE FOREGOING AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES.
4. GOVERNING LAW. Holder hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of Arizona, without regard to choice or conflict of law provisions.
5. ARBITRATION AGREEMENT. Holder hereby represents, warrants and agrees, on behalf of himself or herself and his or her Related Persons, that: (a) any Claim asserted by Holder or any of his or her Related Persons against any of the Released Parties shall be resolved by mandatory, confidential, final, and binding arbitration conducted by JAMS; (b) this Section is governed by the Federal Arbitration Act ("FAA"); (c) the FAA is applicable because Holder and the Released Parties are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration otherwise shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) 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; (g) the arbitrator shall have the power to award any remedies, including attorneys' fees and costs, available under applicable law; (h) judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant to this Agreement shall take place in Maricopa County, Arizona.
6. CLASS ACTION WAIVER. Holder hereby agrees that any and all disputes, including any Claims made by Holder or his or her Related Persons against any of the Released Parties must be arbitrated on an individual basis only. By signing this Agreement, Holder hereby waives any right to litigate or arbitrate any Claim on a class, collective, representative or similar basis.
7. SEVERABILITY. Holder hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
I, HOLDER, HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. I understand its terms and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights and that by signing this Agreement. I understand that, to the fullest extent set forth in this Agreement, I am forever prevented from suing or otherwise asserting a Claim against any of the Released Parties. I understand that this Agreement is a material inducement for my admission to the Venue and that Management and the other Released Parties are relying upon it. I agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by Management or any other Release Parties.