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Last Updated: Oct. 22, 2018
These Ticket Terms and Conditions outlined herein (the “Terms and Conditions”) govern the purchase of tickets from the National Football Museum, Inc. dba Pro Football Hall of Fame (the “Hall”) for Hall events, including but not limited to, the Hall Museum, Game, Enshrinement and Concert (collectively, “Tickets”).
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION PROVISION WITH A CLASS ACTION AND JURY TRIAL WAIVER (SEE SECTION 2 BELOW FOR DETAILS). THE ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH I OR THE HALL RESOLVE ANY CLAIM (UNLESS I REJECT IT).
In these Terms and Conditions, “I,” “me,” and “my” means the Ticket member identified on the associated invoice and/or the person or entity who purchases the Tickets and/or the person who attends the Hall event or related events for which the Tickets were issued for. “You,” “your,” “Hall” mean the National Football Museum, Inc. dba Pro Football Hall of Fame. “Invoice” means the invoice and any revised invoice for Tickets (as described below) and any written timetable of scheduled payment amounts and due dates sent to me by the Hall. “Payment Plan” means the schedule of payment amounts and due dates described on the Invoice or any such modified schedule of payment amounts and/or due dates to which the Hall and I may later agree.
THE PAYMENT PLAN
This section applies to me only if I chose to make a deposit and pay via a Payment Plan.
The Hall has sent or will send me an Invoice for Tickets specifying the dates and amounts of the payments that are due under the Payment Plan. The Hall reserves the right to cancel the Payment Plan at any time and require that I pay for my Tickets by some other means. I agree that the Hall may send me notices and Invoices related to the Payment Plan via email at the email address I provide the Hall, and I agree to promptly notify the Hall of any updated email address that should be used to contact me.
If I fail to make a payment due under the Payment Plan within 30 days of its due date, (1) the Hall may cancel my Tickets, (2) keep my deposit made under the Payment Plan, and (3) I will remain responsible for all remaining amounts due under the Invoice.
The Hall has no obligation to resell my Tickets in the event of the termination of the Payment Plan. If the Hall does resell my Tickets, I will remain liable to the Hall to the extent permitted by law for the balance due under the Invoice as well as any collections costs incurred by the Hall, except that any amounts collected by the Hall through the reselling of my Tickets will be credited to me only if, at the time of resale, there remains no other tickets in the same price level as mine in the Hall’s ticket inventory.
This Payment Authorization applies to me only if I chose to pay by credit card, debit card, or other payment card.
I authorize the Hall (which includes, for the purposes of this Payment Authorization, the Hall’s service providers, agents and other representatives) to charge the payment card account identified on the Invoice or that I have otherwise provided to the Hall or any substitute payment card account I later provide to the Hall (the “Card”) for the following:
In the event that the Hall makes an error in processing a charge, I authorize the Hall to correct the error by initiating a credit or debit to the Card in the amount of such error on or after the date such error occurs. In the event that I make a partial payment or I am issued a credit, I authorize the Hall to charge the Card for the amount specified above less the amount of such credit. Instead of or in addition to any payments described above, I authorize the Hall to seek payment from the Card for any amount and on any date that I subsequently confirm by phone, text message or e-mail. I also authorize the Hall to reinitiate any charge to the Card that is rejected up to two times or any greater number of times permitted by network rules. I acknowledge that the Hall is not obligated to reinitiate any charge that is rejected and may terminate my Tickets if a charge is rejected. I agree to update my Card information if it changes by contacting the Hall at 330-456-8207. 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 the Hall within such time as to allow the Hall a reasonable amount of time to process and act on my request. Canceling this Payment Authorization will not affect any obligation I may have under the Payment Plan. 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. Upon my request and the Hall’s approval, multiple payment cards may be used to pay amounts due under the Invoice, provided a separate payment authorization is executed and returned to the Hall for any additional cardholders. I acknowledge that the Hall is not obligated to accept more than one payment card from me or any other cardholder. In the event of a conflict between this Payment Authorization and any other payment authorization I have previously provided to the Hall (whether written or verbal), this Payment Authorization shall supersede and govern.
Please see Section 2 below which also governs my Tickets and which are incorporated herein. Please also print or download a copy of the Terms and Conditions from ProFootballHOF.com/TicketTerms for future reference.
BY AGREEING AND ASSENTING TO THESE TERMS AND CONDITIONS (INCLUDING SECTION 2 BELOW, WHICH INCLUDE: (A) AN ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER PROVISION (SEE SECTION 2 BELOW); (B) IF I HAVE SELECTED TO PAY VIA A PAYMENT PLAN, PAYMENT PLAN TERMS; AND (C) IF I HAVE SELECTED TO PAY VIA PAYMENT CARD, A PAYMENT AUTHORIZATION. UPON REQUEST, THE HALL WILL MAKE AVAILABLE TO ME A COPY OF THESE TERMS AND CONDITIONS. IF I DO NOT WISH TO AGREE AND ASSENT TO THESE TERMS AND CONDITIONS, I SHOULD NOT AGREE.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (“Arbitration Agreement”). The Hall and I each may unilaterally elect to resolve any and all claims and disputes whatsoever, including, but not limited to those relating in any way to these Terms and Conditions and/or Tickets and/or payment plans, Invoices, games, events, marketing efforts, promotions, or any of our dealings with one another (“Claims”), except for claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and by state law.
If the Hall or I elect to resolve a dispute by arbitration, neither of us will have the right to a court of jury trial or to participate in a class action or class arbitration. Other customary rights that the Hall and I would otherwise have if either went to court will not be available or will be more limited in arbitration, including the right to appeal. The Hall and I each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF EITHER PARTY ELECTS ARBITRATION, THE APPLICABLE DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. I may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that both parties agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Canton, Ohio, where Hall events take place. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to the Hall and me alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The Hall 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 Hall employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The Hall 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 Canton, Ohio, as applicable. Notwithstanding any other provision herein, the Hall and I may each seek relief in a small claims court for Claims within its jurisdiction. In addition, the Hall 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 foregoing 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 Tickets and any related agreement, my fulfilment or default of my obligations under any Tickets and any related agreement, my fulfillment or default of my obligations under any Tickets or any related agreement, and/or my or the Hall’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 the Hall in writing within sixty (60) days after the date I agree to these Terms and Conditions. I must send my request to: Pro Football Hall of Fame, 2121 George Halas Drive NW, Canton, OH 44708, Attn: Ticket Office. The request must include my full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Pro Football Hall of Fame Ticket Terms and Conditions.” If I exercise my right to reject arbitration, the other terms of these Terms and Conditions shall remain in full force and effect as if I had not rejected arbitration.
ACCOUNT OWNERSHIP AND TRANSFER. Payment Plans, Tickets, and/or account numbers are not transferable from one person or entity to another unless permitted by the Hall. I am responsible for providing the Hall 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 Invoice information changes must be submitted in writing. Notwithstanding anything to the contrary herein, only one (1) individual or entity shall be listed as the invoice holder on the Invoice. The rights granted to the Hall in these Terms and Conditions are assignable.
REVOCABLE LICENSE. The Tickets are a limited, revocable license issued by the Hall, and only grant entry into the event for which it is issued for. Tickets may not be duplicated, reproduced, or redeemed for cash. The Hall reserves the right to revoke this license for any lawful reason, including breach of any of the provisions of these Terms and Conditions or other codes of conduct or security policies. Any such breach may impact the rights and benefits I receive and shall entitle the Hall to all available legal remedies, including but not limited to revocation or cancellation of my Tickets and/or Payment Plan. Upon such revocation or cancellation, the Hall and/or its agents shall have no obligation to issue a credit, refund or any other compensation to me for any payments paid and originally scheduled to be paid prior to the date of such revocation or cancellation.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All sales of Tickets are final, and no refunds of payments or deposits for Tickets, or exchanges for Tickets, will be made except as provided for herein or in the Hall’s sole discretion. I may be relocated to alternative seats in the sole discretion of the Hall. No refund will be provided if I am relocated to seats of comparable face value.
LOST OR STOLEN TICKETS. The Hall is not responsible for lost, stolen, or destroyed Tickets, and any reissuance of Tickets shall be at the sole discretion of the Hall and may subject to additional fees determined by the Hall. Lost, stolen, or destroyed Tickets, counterfeit Tickets, or Tickets sold in violation of any applicable law may not be honored. Tickets may not be used for, nor may I enter any event for, advertising, promotion or any other commercial purposes (including contests, sweepstakes and giveaways).
RELOCATED OR UNPLAYED EVENTS. The date and time of the events covered by the Tickets (and opening of the gates, if applicable) are subject to change by the Hall in its sole discretion. No refund or other remedy will be provided if I cannot attend.
RESTRICTIONS. I agree not to transmit or aid in transmitting any photographs, images, videos, or other accounts or descriptions (whether text, data or visual) in any media of all or any part of the applicable event or related events (the “Works”). Transmissions or other distributions by, to, or for any commercial enterprise, and any public performances or displays, direct or indirect, are also strictly prohibited. I agree that by causing the applicable event Tickets to be scanned upon entry to the venue, I (or the applicable Tickets holder) shall be understood to have signed this document and granted the Hall an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works.
ASSUMPTION OF RISK/RELEASE OF LIABILITY. I, and/or the holder of the Tickets to any game or event, assume all risks and dangers incident to the game or event or related events, including the risk of lost, stolen or damaged property or personal injury of any kind, howsoever caused and whether by negligence or otherwise. My guests and I agree that neither the Hall, nor any of its respective affiliates, employees, agents, owners, players, contractors, or other representatives or agents (collectively, “Releasees”) are liable for any injuries, damages or other losses from such causes.
FAN BEHAVIOR; INDEMNIFICATION. In the event the Hall breaches these Terms and Conditions, the sole and exclusive remedy for me is a refund of the face value of the Tickets. In no event shall the Hall 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 to a third party for the Tickets. No refund or other remedy will be provided if me or my guests are ejected or refused entry due to disorderly conduct or failure to comply with these Terms and Conditions or any codes of conduct or security policies. I agree to indemnify and hold harmless, to the fullest extent permitted by law, all Releasees from and against any losses, damages, liabilities, claims or demands (including attorneys’ fees and costs of investigation) arising out of or related to any act or omission, breach of any provision of these Terms and Conditions, or violation of any applicable law, rule, regulation, order or policy, by myself or any holder of my Tickets.
USE OF IMAGE. I (and/or the user of my Tickets for any particular event or related event) grant permission to the Hall (and their respective designees, agents and other representatives) to utilize my or their image, likeness, actions and statements in any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of or at the applicable event or related event in any medium or context for any purpose, including commercial, advertising or promotional purposes, without any further authorization or compensation.
SECURITY POLICIES. I and my belongings may be searched upon entry into any event or related event and/or at other security checkpoints, and prohibited items may be confiscated. I must comply with the Hall’s security policies, including any applicable bag policy. By presenting any Tickets and entering into any events or related events, I consent to such searches and waive any related claims against the Hall, its affiliates, or its agents. If I elect not to consent to these searches or comply with these security policies, I will be denied entry.
MISCELLANEOUS. Except as set forth in the Arbitration Agreement, these Terms and Conditions shall be governed by the laws of the state of Ohio applicable to agreements made and to be performed entirely in Ohio, without regard to any conflicts of laws principles thereof. To the fullest extent permitted by law, the Hall reserves the right to modify the pricing and/or seat locations of Tickets, Hall policies, and these Terms and Conditions in its sole discretion and for any lawful reason. Notwithstanding anything to the contrary herein, the Hall reserves all rights under all other applicable law. Except as set forth in the Arbitration Agreement, if any provision of these Terms and Conditions is determined to be invalid or unenforceable, such provision shall be amended to the minimum extent necessary to make such provision enforceable, and any such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof. I represent and warrant that I have the authority to sign on behalf of, and bind, the owner of the Tickets governed by these Terms and Conditions.