1. PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
2. This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the "Holder"), agrees to all of its terms. The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by The 300 Club of Green Lake LLC and its affiliates (the "300 Club"), and Villa Rita Holdings LLC (“Villa Rita”) who is owner of the real property located at W1802 County Road A, Green Lake, WI 54941 and related grounds (including, without limitation, parking areas and entry gates) (the "Arena") at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the "Event") is held (collectively, all such additional terms, "Supplemental Terms"). By acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them.
3. Due to the uncertainty related to COVID-19, this ticket and the Holder's admission to the Arena are subject to all safety and health requirements and policies put in place by the 300 Club and Villa Rita, including requirements relating to face masks and enhanced health screenings (which may include a requirement that the Holder, and any person in the Holder's party, be tested for COVID-19 through a variety of testing protocols, without limitation, prior to or during the Event) and those policies and requirements described in the Supplemental Terms. Such policies and requirements as they may be updated from time to time (in the sole determination of the 300 Club and/or Villa Rita) and as they may be communicated to the Holder prior to or during the Event (whether orally or in writing) by, for example, instruction provided by the 300 Club or Arena personnel or signage in or around the Arena, are collectively referred to below as the "Safety Requirements". The Holder acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance.
4. The Holder agrees that neither the Holder, nor anyone in the Holder's party, will attend the Event if any one or more of the following is true on the day of such Event:
o Within the prior 14 days, the Holder has (or any person in the Holder's party or with whom the Holder has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
o Within the prior 48 hours, the Holder has (or any person in the Holder's party or with whom the Holder has had close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention); or
o Within the prior 14 days, the Holder has (or any person in the Holder's party or with whom the Holder has had close contact has) travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19. To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other 300 Club and Arena rules, this ticket may not be resold or offered for resale. Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including pre-Event requirements established by the 300 Club or Villa Rita) may be voided by the 300 Club and this ticket cancelled.
5. ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) IF ADMISSION IS REFUSED OR REVOKED, OR THE EVENT IS CANCELLED AND NOT REPLAYED, IS A REFUND FROM THE ORIGINAL POINT OF PURCHASE OF UP TO THE TICKET'S FACE VALUE SET BY THE 300 CLUB (THE "FACE VALUE"). IN NO EVENT SHALL THE 300 CLUB OR VILLA RITA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.
6. The Holder agrees not to transmit, distribute, misappropriate or sell (or aid in transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event. This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the 300 Club.
7. IF YOU CHOOSE TO LEAVE THE ARENA FOR ANY REASON ONCE ADMITTED, YOU WILL NOT BE RE-ADMITTED. Breach of any of these terms, failure to comply with Safety Requirements or 300 Club and/or Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder's use of the ticket for any purpose; and shall authorize the 300 Club to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund in each case, and subject the Holder to all legal remedies available to the 300 Club and/or Villa Rita.
8. ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY
HOLDER RECOGNIZES THAT ATTENDANCE OF HOLDER AND ANY ACCOMPANYING PARTY AT THE EVENT IS VOLUNTARY AND MAY RESULT IN PERSONAL INJURY (INCLUDING DEATH) AND/OR PROPERTY DAMAGE AND AGREES TO STAY ALERT AND REMAIN AWARE OF HIS/HER SURROUNDINGS AND THE SURROUNDINGS OF ANY ACCOMPANYING PARTY. BY USING THE TICKET OR BY ATTENDING, OBSERVING OR PARTICIPATING IN THE EVENT, HOLDER, ON BEHALF OF HOLDER AND ANY ACCOMPANYING PARTY, ACKNOWLEDGES AND ASSUMES ALL RISKS, HAZARDS AND/OR DANGERS ASSOCIATED WITH HOLDER AND/OR ANY ACCOMPANYING PARTY (I) BEING A SPECTATOR BEFORE, DURING, AND AFTER THE EVENT (INCLUDING ALL PRE-EVENT, PROMOTIONS AND COMPETITIONS) AND/OR (II) ATTENDING, OBSERVING OR PARTICIPATING IN THE EVENT, IN EACH CASE, WHETHER ANY SUCH RISK, HAZARD AND/OR DANGER OCCURS PRIOR TO, DURING OR SUBSEQUENT THERETO, INCLUDING BUT NOT LIMITED TO THE DANGER OF BEING INJURED BY: THROWN, DROPPED, OR LAUNCHED ITEMS; PROJECTILES; PERSONS; ANIMALS; OTHER HAZARDS OR DISTRACTIONS; AND ANY INCIDENTS, ACCIDENTS OR ILLNESS ASSOCIATED WITH CROWDS OF PEOPLE OR THE ACTIONS, NEGLIGENCE OR MISCONDUCT OF OTHER SPECTATORS.
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF (“RELATED PERSONS”), AGREES THAT (A) THE 300 CLUB, (B) VILLA RITA, (C) THE TICKET MANUFACTURER AND/OR PROVIDER, AND (D) ALL PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUB-CONTRACTORS (AND EMPLOYEES OF SUCH CONTRACTORS AND SUB-CONTRACTORS), INSURERS, REPRESENTATIVES, OTHER PERSONNEL, SUCCESSORS AND/OR ASSIGNS OF EACH OF THE FOREGOING ENTITIES (SUBSECTIONS (A) THROUGH (D), COLLECTIVELY, THE “RELEASED PARTIES”), WILL NOT BE RESPONSIBLE FOR AND FURTHER WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO THE FOLLOWING “RELEASED CLAIMS”: ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE ARENA OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF OR RELATE TO:
(i) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES;
(ii) THE INHERENT RISKS ASSOCIATED WITH VISITING THE ARENA, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY; AND
(iii) INVASION OF PRIVACY, DEFAMATION, VIOLATION OF ANY RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER CAUSE OF ACTION ARISING OUT OF THE PRODUCTION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, PUBLICATION, PUBLIC PERFORMANCE, BROADCAST OR EXHIBITION OF ADVERTISEMENTS, PROMOTIONS, CONTENT, PROGRAMS AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OF HOLDER OR ANY ACCOMPANYING PARTY MINOR(S) FROM THE EVENT APPEAR.
HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (I) ANY MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN AND/OR (II) ANY OTHER ACCOMPANYING PARTY AS AN AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF (A) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE ARENA WITH SUCH MINOR AND/OR (B) ANY OTHER ACCOMPANYING PARTY, THEN THE ACCOMPANYING PARTY IS NOT AUTHORIZED TO ATTEND THE EVENT WITHOUT SEPARATELY PURCHASING A TICKET TO THE EVENT.
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (a “Communicable Disease”).
Holder agrees to indemnify, defend and hold harmless the Released Parties from and against any and all demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) Holder’s and/or Accompanying Party’s attendance at, observation of, and/or participation in the Event, (ii) Holder’s and/or Accompanying Party’s acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made herein.
COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESSES
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE 300 CLUB AND VILLA RITA.
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the 300 Club and/or Villa Rita, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this Ticket and the Event date, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
In addition to the assumptions of risk and releases stated herein, Holder, on behalf of Holder, any Accompanying Party and their Related Persons, further acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Arena. By using this Ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
9. The Holder and the Holder's belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the 300 Club and/or Villa Rita, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the 300 Club, Villa Rita, or their respective agents. If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund.
10. The Holder grants permission to the 300 Club (and their respective designees and agents) all worldwide right in perpetuity to utilize the Holder's image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. In addition, the Holder grants to the 300 Club (and their respective designees and agents) permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
11. This Agreement shall be governed by and construed in accordance exclusively with the laws of the State of Wisconsin without regard to its conflicts of law rules.
12. Any claims or disputes regarding this Ticket shall be submitted to arbitration in Milwaukee, Wisconsin under the rules of the American Arbitration Association.
13. This Ticket provides for the exclusive resolution of disputes through individual arbitration on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any arbitration against the Released Parties shall be arbitrated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action. If your claim is subject to arbitration under Section 12 above, the arbitrator shall have no authority to arbitrate claims on a class action basis. You agree that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in Section 12 above, and if for any reason this class action waiver is unenforceable as to any particular claim, then, and only then, such claim shall not be subject to arbitration.
14. Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.
15. If any provision or part of these terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms remain valid and binding.