I UNDERSTAND THAT THIS IS AN IMPORTANT LEGAL DOCUMENT RELATING TO MY ATTENDANCE AT THE EVENT, AND BY PURCHASING OR ACQUIRING A TICKET OR POSESSESSING OR HOLDING A TICKET AND ATTENDING THE EVENT, I AM WAIVING LEGAL RIGHTS I MAY HAVE AGAINST THE COMPANY, THE ARENA AND CERTAIN OTHER PERSONS OR ENTITIES REFERRED TO HEREIN. 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 EVENT FOR WHICH IT IS ISSUED.
UFC SUPPLEMENTAL TERMS
The Event Ticket holder (the “Holder”) desires to attend the Ultimate Fighting Championship mixed martial arts event for which it has purchased or acquired, or otherwise holds or possesses, a ticket to (a “Ticket”), and/or any other events or activities related thereto, such as weigh-ins and press conferences (the “Event”) produced, organized or hosted by Zuffa, LLC, a Nevada limited liability company d/b/a the Ultimate Fighting Championship and/or its affiliates (collectively, the “Company”). As lawful consideration for being permitted to attend the Event and for other good and valid consideration, the Holder agrees to the terms and conditions set forth in these UFC Supplemental Terms (these “Supplemental Terms”).
- Representations and Warranties of the Holder. The Holder hereby represents and warrants that, (a) the Holder has not received any test result indicating that the Holder is a carrier of the rapidly spreading and contagious COVID-19 coronavirus disease and any mutations, variants and/or derivatives thereof together with any infections or other illnesses related thereto or resulting therefrom (collectively, “COVID-19”), whether or not symptomatic, (b) the Holder is not experiencing any symptoms of COVID-19 as of the date hereof, including, but not limited to, shortness of breath, chest pain, loss of taste or smell, coughing, fever and tiredness (collectively, the “Symptoms”), (c) the Holder has not knowingly been in contact with anyone who has (or who the Holder has any reason to believe may have) tested positive for or experienced symptoms of COVID-19 including, but not limited to, the Symptoms, (d) the Holder has consulted with (or, alternatively, has been afforded the opportunity, and has decided, in his, her or its sole determination not to consult with) a licensed physician or other medical professional with respect to all of the risks, dangers and Harms associated with the Covered Matters (as defined below) due to the COVID-19 pandemic and has not been advised by any licensed physician or other medical professional not to attend the Event, (e) any and all Reports (as defined below) delivered by the Holder to the Company on or prior to the date hereof are accurate, true and complete, (f) the Holder has been given ample opportunity to read, and has carefully read, these entire Supplemental Terms, (g) the Holder has the full right, power and authority to enter into these Supplemental Terms, (h) the Holder certifies that he, she or it has made such an investigation into the facts pertinent to these Supplemental Terms and of all matters pertaining thereto as it has deemed necessary, that the Holder fully understands the contents of these Supplemental Terms, that the Holder is of sound mind and that the Holder intends to be legally bound by these Supplemental Terms, (i) the Holder is aware that these Supplemental Terms are, among other things, a release of liability for future injuries and a contract between the Holder and the Company and the other Released Parties and that the Holder is signing these Supplemental Terms of its own free will and is not subject to duress of any kind and (j) the Holder has reviewed this document with her, his or its own legal counsel prior to signing (or, alternatively, the Holder has been afforded the opportunity to review these Supplemental Terms with her, his or its own legal counsel prior to signing, and has decided, in her, his or its sole determination, not to do so).
- Covenants. The Holder hereby agrees that the Holder (a) will submit to any and all procedures requested by the Company (collectively, the “Procedures”), and will deliver to the Company true, complete and accurate copies of any and all questionnaires, reports, or other information requested by the Company in connection with the Holder attending the Event (collectively, the “Reports”), (b) will not knowingly come into contact with any person who has (or whom the Holder has reason to believe may have) tested positive for COVID-19 or has experienced the Symptoms between the date the Holder purchased or acquired the Ticket, or the first date that the Holder holds or possesses the Ticket, and the date of the Event, (c) will not knowingly come into contact with any person who has or will have any underlying medical conditions or other issues that puts such person at greater risk of experiencing the Harms, the Carrier Risk or any other harms, dangers or risks associated with COVID-19 and (d) will comply with all applicable laws, rules, regulations and guidelines in connection with the Holder Activities (as defined below), including any and all rules and guidelines delivered to the Holder by the Company in connection with the foregoing. The Holder further agrees that the Holder will not attend the Event if the Holder is experiencing any symptoms of illness, including, but not limited to, the Symptoms. The Holder hereby waives any expectation of privacy with respect to the Procedures and the Reports and agrees and acknowledges that the Company, its affiliates and its and their respective representatives may use the Reports and the results of the Procedures to the fullest extent permitted by law. The Holder, for itself and on behalf of all of the Releasing Parties, shall be solely liable for and will bear the full and complete costs of any and all medical treatment or disability and all other costs associated with the Symptoms, Harms, the Carrier Risk and all other harms, risks, dangers and injuries associated with COVID-19 incurred by the Releasing Parties.
- Assumption of Risk. The Holder fully understands and agrees that the Holder’s travel to and from the Event and the arena in which the Event is held (the “Arena”), movement within the Arena and attendance at the Event (collectively, the “Holder Activities”) may lead to exposure to COVID-19 and that contraction of COVID-19 may result in severe and permanent damage to the health of the Holder and/or others, including, but not limited to, death, fever, weight loss, irreversible pulmonary, respiratory and/or neurological system damage, loss of taste or smell, mental or emotional distress, temporary or permanent disability, loss of income, loss of employment, loss of financial or other opportunities, medical expenses, which may or may not be covered by insurance, cleaning expenses, mandatory self-quarantine, loss of licenses and similar approvals by any regulatory or self-regulatory body to which the Holder or any of the Releasing Parties (as defined below) is subject, investigation and/or prosecution by civil, criminal or other regulatory authorities and other harms and lost opportunities, whether economic, reputational or otherwise (collectively, the “Harms”). Holder acknowledges that even if the Holder fully recovers from COVID-19, a brief or prolonged illness may cause the Holder to suffer the one or more of the Harms. The Holder fully understands and acknowledges that the Center for Disease Control and Prevention (the “CDC”) and numerous other regulatory and self-regulatory organizations and governmental entities have advised or required (and are currently advising or requiring) people across the United States and around the world to practice social distancing (and in many cases, to stay at home entirely) and to limit contact and interaction with others to the fullest extent possible in order to avoid the spread of COVID-19. Further, the Holder fully understands and acknowledges that the Holder’s engagement in the Covered Matters may contradict the guidelines issued by the CDC and other regulatory and self-regulatory organizations and governmental entities and cause the Harms. The Holder fully understands and agrees that if (a) the Holder contracts COVID-19 or (b) the Holder or any of the Holder’s clothing, accessories, personal items or other possessions or property becomes a carrier of COVID-19 in connection with the Holder Activities, the Holder (even if the Holder does not feel sick or exhibit any of the symptoms of COVID-19) will put all other individuals (including, without limitation, friends, colleagues and family members of the Holder) with whom the Holder interacts or is in contact with in connection with or following the Holder Activities at risk of contracting COVID-19, suffering the Harms, and transporting COVID-19 to other individuals with whom they interact, which such other individuals will also be at risk of suffering the Harms and other consequences associated with contracting or carrying COVID-19, as a result of such interactions or contact (such risk, the “Carrier Risk”). The Holder acknowledges and understands that the Company may institute protocols associated with COVID-19 as a condition to the Holder being permitted to attend the Event, and that, notwithstanding the foregoing, the Company has not made and will not make any representations, warranties, covenants or guarantees with respect to its COVID-19 protocols (if any) or the efficacy thereof, including with respect to the prevention of the Harms, the Carrier Risk, and all other dangers, harms and risks involved with the Covered Matters due to the global COVID-19 pandemic. The Holder acknowledges and agrees that the Holder is engaging in the Covered Matters voluntarily and is fully aware of, and hereby assumes, the risk of exposure to COVID-19 associated with the Covered Matters and the exceptional dangers and health risks associated therewith, including, but not limited to, the Harms, the Carrier Risk, and all other dangers, harms and risks involved with the Covered Matters due to the global COVID-19 pandemic. The Holder acknowledges, understands and agrees that the nearest hospital and other third-party medical providers to the location of the Holder Activities and the services provided thereby may be unusually limited (whether due to the geographic location of the Holder Activities or otherwise), and the Company has not made any warranties, representations or guarantees whatsoever in respect of the equipment or services provided by such hospital or third-party medical providers, including, but limited to, with respect to the ability of such hospital or medical providers to treat COVID-19 and/or any additional exposure to COVID-19 that may occur as a result of the Holder visiting and/or being treated by such hospital or medical providers. The Holder acknowledges and agrees that the Holder is responsible for maintaining health insurance and any other insurance policies necessary to cover any Harm that the Holder may suffer, or cause other people to suffer, in connection with COVID-19 and without limiting the foregoing, the Holder acknowledges and agrees that the Company will not provide the Holder with access to any health, medical or other insurance policies of the Company or any third party. The Holder represents that the Holder has knowingly evaluated and hereby accepts and assumes any and all risks, foreseen or unforeseen, associated with the Holder Activities, including, but not limited to, with respect to the Harms, the Carrier Risk, and all other harms, risks and dangers associated with COVID-19. The Holder acknowledges that the foregoing is not an exhaustive list of the risks and dangers the Holder will be exposed to a result of the Holder Activities, and the Holder voluntarily and freely accepts and assumes these and all other such risks and dangers the Holder may encounter or be exposed to and understands and acknowledges that the waivers, releases and indemnities in these Supplemental Terms expressly apply to these risks and dangers (whether foreseen or unforeseen).
- No Representations by the Company or Arena Parties. The Holder acknowledges and agrees that no representations or warranties of any kind whatsoever have been or will be made to the Holder by the Company or the Arena’s operator and owner (the “Arena Parties”), or any of their affiliates or any of their affiliates’ representatives with respect to the Holder Activities (and Holder expressly disclaims reliance on representations and warranties of any person with respect to the Holder Activities) and that the Holder is engaging in the Covered Matters at the Holder’s own risk.
- Liability Waiver & Release. In full knowledge and complete assumption of all of the risks, the Holder, for itself and on behalf of the Holder’s spouse, domestic partner, children, parents, grandparents, step-parents, step-children, and, if the Holder is an entity, such entity’s officers, directors, employees, service providers and subsidiaries, and in any case, whether an individual or an entity, each of the foregoing’s estate, heirs, assigns, executors, administrators and affiliates (the Holder collectively with the foregoing, the “Releasing Parties”) hereby irrevocably agrees that the Releasing Parties will not sue or claim against the Company or any of its parents, subsidiary entities, affiliates, sponsors, successors and assigns, the Arena and the Arena Parties, and each other person or entity who attends, participates in or provides services in connection with the Event and the respective directors, officers, members, managers, employees, agents, service providers, sponsors, business partners, contractors, partners, equityholders and representatives, in their individual, personal and representative capacities for each of the foregoing entities, and each of the foregoing’s estate, heirs, assigns, executors, administrators and affiliates (the “Released Parties”) for any injury (including emotional and/or mental distress), illness, damage, loss or harm to any Releasing Party or such Releasing Party’s property or the Releasing Party’s death or disability, whether in connection with COVID-19 or otherwise, resulting or arising out of or in any way related to the Holder Activities. In consideration for the opportunity to attend the Event, and with full knowledge and complete assumption of any and all risks, the Releasing Parties hereby forever voluntarily release, discharge, waive and relinquish any and all past, present and future claims and causes of action, specifically including, but not limited to, any claims based on negligence, that they may have against the Released Parties, as a result of any injury (including emotional and/or mental distress), illness, damage, loss or harm to any Releasing Party or such Releasing Party’s property, or the Releasing Party’s death or disability, whether in connection with COVID-19 or otherwise, resulting or arising out of or in connection with the Holder’s travel for and attendance at the Event. The Holder hereby waives and relinquishes on behalf of itself and the Releasing Parties any and all rights and benefits to which such Releasing Party may have under any statute or common law principle of any jurisdiction which provides, generally, that a general release does not extend to claims which a creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Without limiting the foregoing, the Holder, on behalf of itself and the Releasing Parties, expressly waives any and all rights and benefits conferred by the provisions of Section 1542 of the California Civil Code (“Section 1542”) and by any similar provision of the applicable laws of any other jurisdiction, including, but not limited to, Nevada, Delaware and New York, and expressly consents that this release shall be given full force and effect according to each of its express terms, including, but not limited to those relating to unknown or unsuspected claims. Section 1542 states in full:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
The Holder, on behalf of itself and the Releasing Parties, acknowledges that such Releasing Party may hereafter discover facts in addition to or different from those which such Releasing Party now knows or believes to be true with respect to the subject matter hereunder, but it is such Releasing Party’s intention to fully and finally and forever settle and release any and all matters, disputes and differences, known or unknown, suspected and unsuspected, which do now exist, may exist or heretofore have existed between any Releasing Party and any Released Party with respect to the subject matter hereunder. In furtherance of this intention, the releases herein shall be and remain in effect as full and complete general releases notwithstanding the discovery or existence of any such additional or different facts. The Holder, on behalf of itself and the Releasing Parties, further covenants and agrees that such Releasing Party has not heretofore sold, transferred, hypothecated, conveyed or assigned, and shall not hereafter sue any Released Party upon, any claim released hereunder, and that each Releasing Party shall indemnify and hold harmless the Released Parties against any loss or liability on account of any actions brought by such Releasing Party or such Releasing Party’s assigns or prosecuted on behalf of such Releasing Party and relating to any claim released hereunder.
- To ensure that all Event patrons agree to, and comply with, all these Supplemental Terms and all other Company and Arena rules, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Company. Holder expressly agrees that as a condition to any transfer of the Ticket, the transferee must agree to be bound by these Supplemental Terms. Without limiting the foregoing, any transfer of this Ticket to any person who does not comply with these Supplemental Terms may be voided by the Company and the Ticket cancelled. Breach of any of these Supplemental Terms, failure to comply Company 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 Company 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 Company and/or Arena. 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. 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 OF UP TO THE TICKET'S FACE VALUE SET BY THE COMPANY (THE "FACE VALUE"). IN NO EVENT SHALL THE COMPANY, ARENA OR ARENA PARTIES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES OF ANY KIND BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.
- Choice of Law. These Supplemental Terms have been delivered at and shall be deemed to have been made at Las Vegas, Nevada, and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of Nevada, regardless of the geographic location of the Holder Activities or the Event. These Supplemental Terms shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to the conflicts of law principles thereof that would result in the application of the law of a jurisdiction other than Nevada.
- ARBITRATION. Any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of these Supplemental Terms, the subject matter hereof, or the interpretation or enforcement hereof, the applicability of this Section 8 to such dispute or disagreement, or the organization or internal affairs of the Company (in each case, a “Dispute”) shall be submitted to final and binding arbitration in Las Vegas, Nevada, administered by Judicial Arbitration & Mediation Services (“JAMS”), or its successor, in accordance with the rules and procedures of JAMS then in effect. The parties agree that any and all Disputes that are submitted to arbitration in accordance with these Supplemental Terms shall be decided by three (3) neutral arbitrators who are retired judges or attorneys licensed to practice law in Nevada. Each party shall select one (1) arbitrator and those party-selected arbitrators shall jointly select the third arbitrator, who shall act as chairman of the arbitral tribunal. If the party-selected arbitrators are unable to select the third arbitrator, JAMS shall designate the third arbitrator. The arbitration shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Supplemental Terms, including Rules 16.1 and 16.2 of those Rules. Any party may commence the arbitration process called for in these Supplemental Terms by filing a written demand for arbitration with JAMS, with a copy to the other party. The parties agree that they will participate in the arbitration in good faith and that they will share equally in the administrative costs and arbitrator’s fees associated with the arbitration; provided, however, that each party will bear its own attorneys’ fees and costs associated with the arbitration. The arbitrator shall apply Nevada law without reference to conflicts of laws principles that would result in the application of the law of a jurisdiction other than Nevada. In any arbitration arising out of or related to these Supplemental Terms, the arbitrators are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Nor may the arbitrators award any incidental, indirect or consequential damages, including damages for lost profits. Any award issued as a result of such arbitration shall be final and binding between the parties thereto and shall be enforceable by any court having jurisdiction over the party against whom enforcement is sought. The parties expressly acknowledge and understand that by entering into these Supplemental Terms, they each are waiving their respective rights to have any Dispute between the parties hereto adjudicated by a court or by a jury. THE HOLDER AND COMPANY AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND THE HOLDER WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST NOT PURCHASE OR ACQUIRE OR HOLD OR POSSESS THE TICKET AND IMMEDIATELY LEAVE OR NOT ENTER THE ARENA OR ATTEND THE EVENT.
- Intellectual Property. 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 Company. The Holder grants permission to the Company (and its respective designees and agents) 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 Company permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
- Amendment. These Supplemental Terms may be amended or modified only by an agreement in writing signed and expressly acknowledged by both the Company and the Holder.
- Third-Party Beneficiaries. Each Released Party is an express third-party beneficiary to these Supplemental Terms; provided, that no Released Party (other than the Company) may enforce these Supplemental Terms except at the direction of the Company. These Supplemental Terms shall not be construed as giving to any person, other than the Released Parties, any legal or equitable right, remedy or claim under or in respect of these Supplemental Terms.
- Severability. Each provision of these Supplemental Terms shall be considered severable and if for any reason any provision or provisions hereof are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of these Supplemental Terms which are valid.