CACTI Park of the Palm Beaches Ticket Terms and Conditions
In partial consideration for the license granted by this ticket to attend the Event, the Holder acknowledges and agrees to the terms and conditions set forth below. If Holder does not agree to the terms and conditions or is not authorized to grant any release of liability hereunder, Holder should immediately leave the Ballpark.
By use of this ticket, the Holder agrees that: (a) he or she shall not transmit or aid in transmitting any information about the Event to which it grants admission, including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (the ¡°Event Information¡±); (b) the Club issuing the ticket is the exclusive owner of all copyrights and other proprietary rights in the Event, related activities, and Event Information; and (c) the participating Clubs, the Office of the Commissioner of Baseball, MLB Advanced Media, L.P. and each of their respective affiliates, licensees and agents (collectively, ¡°MLB Entities¡±) shall have the perpetual and unrestricted right and license to use his or her name, image, likeness and/or voice in any broadcast, telecast, photograph, video and/or sound recording taken in connection with the Event for all purposes and in all media known and unknown throughout the universe. Breach of any of the above will automatically terminate this license and may result in further legal action.
The license granted by this ticket may also be terminated by tendering to the Holder the purchase price of the ticket. This ticket may not be used for commercial or trade purposes (including, but not limited to, contests, promotions or sweepstakes) without the express written consent of CACTI Park of the Palm Beaches.
CACTI Park of the Palm Beaches reserves the right to change the date and/or start time without notice and without entitling the holder to a refund or exchange.
PROHIBITED ITEMS AND CONDUCT: Hard coolers, ice chests and bags of any size or kind, excluding medical and diaper bags; non-collapsible umbrellas that will not fit in such containers; brooms, poles and staffs; weapons (including, without limitation, pocket knives), fireworks and other illegal substances; camera lenses larger than 8¡±, tripods and monopods; animals (except service animals); beach balls and other inflatable items; laser pens and laser pointers; baseball bats (other than bats purchased at the Ballpark); metal, plastic or glass containers, excepting clear, factory-sealed plastic water bottles no larger than 20 ounces, insulin containers and baby food; food items; alcohol not purchased at the Ballpark; noisemakers not provided by CACTI Park of the Palm Beaches; skateboards and wheeled footwear; and any other item deemed dangerous, inappropriate or in violation of the Guest Conduct Policy. The use of foul or abusive language or obscene or threatening gestures, fighting, attempts to enter the field or to cause objects to enter the field, and irresponsible or underage consumption of alcoholic beverages, and any other action deemed dangerous, inappropriate, or in violation of the Guest Conduct Policy may result in the guest being ejected without refund and arrested, or refused initial admission.
NOTICE: In the event of rain outs or other circumstances requiring the postponement of the game identified by the game number hereon, please refer to www.BallparkPalmBeaches.com www.cactipark.com for the policy applicable to the affected game and retain possession of this ticket as it may need to be presented at a later time.
WARNING: The Holder assumes all risk, danger and injury incidental to or related to any Event, whether occurring before, during or subsequent to any Event, including (but not limited to) the danger of being injured by thrown or broken bats, thrown or batted balls or other objects, or by others in attendance. Holder further agrees that the Club, any employee or player of the Club, MLB Entities, their respective owners, shareholders, partners, agents, players, officers, directors, contractors and employees are not liable for injuries or loss or damage of personal property resulting from such causes and releases and holds harmless such persons and entities, regardless of whether any injury or loss is caused by any person¡¯s negligence or otherwise. By use of this ticket, Holder is deemed to have given a full release of liability to the entities and individuals listed above (on Holder's and on behalf of any minor(s)) to fullest extent permitted by law.
Batted or thrown balls and bats and other objects can enter spectator areas with great force. Risk cannot be avoided if you attend games. If you would like to lessen your risk, CACTI Park of the Palm Beaches will exchange your ticket for one in ANOTHER REMOTE AREA or, in the event of a sellout, will refund the ticket any time before the first pitch is thrown. CACTI Park of the Palm Beaches may expand its use of netting; no refunds or exchanges will be issued.
No resale of a ticket is permitted via the Internet or any interactive media, except through the Official Website of CACTI Park of the Palm Beaches (www. BallparkPalmBeaches.comwww.cactipark.com) or sites authorized by CACTI Park of the Palm Beaches. This ticket must not be resold or offered for resale in a manner prohibited by any Federal, State or local law or regulation. Unlawful resale or attempted resale are grounds for revocation and cancellation without compensation. Tickets obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so, are void. It is unlawful to reproduce this ticket in any form.
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 his/her behalf and on behalf of any minors and/or other accompanying parties, agrees to (I) assume all risks associated with COVID-19 and other communicable diseases, and (ii) comply with all related health & safety policies of the Clubs and the Ballpark owner/operator, including those set forth at /spring-training/ballparks/cacti-park-of-the-palm-beaches/health-and-safety.
The CACTI Park of the Palm Beaches, the Houston Astros, and the Washington Nationals have taken many steps to increase safety measures at the facility for the 2024 Spring Training season:
Cashless Operations
Only credit or debit cards will be accepted at The CACTI Park of the Palm Beaches. This includes parking, ticket sales, concessions, and merchandise.
Ballpark Entry & Exit
No bags of any kind will be permitted inside the facility, except for manufactured diaper bags and medical bags. This policy applies to all guests.
Stadium gates will open for all games one hour prior to game time. Times are subject to change.
Contactless ticketing will be utilized.
Sanitation
All restroom doors at The CACTI Park of the Palm Beaches will be propped open to allow for touchless entry.
Toilets and sinks have been converted for touchless use.
Over fifty (50) hand sanitizing locations have been placed in strategic locations throughout the venue.
The CACTI Park of the Palm Beaches cleaning staff will disinfect all areas of the venue, including restrooms and the seating bowl, throughout the game.
COVID-19 AND OTHER INFECTIONS 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 (AS DEFINED BELOW) 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 HOUSTON ASTROS, THE WASHINGTON NATIONALS (COLLECTIVELY, THE ¡°CLUBS¡±) AND THE BALLPARK (AS DEFINED BELOW) OWNER/OPERATOR.
Ticket holder, on their behalf and on behalf of any accompanying minor and any other accompanying party for whom ticket holder retains a ticket to attend the Event (as defined below) with ticket holder (each of whom ticket holder represents have authorized ticket holder to act on their behalf in accepting the these terms) (¡°Accompanying Parties¡±) (collectively, ¡°Holder¡±), acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Clubs and/or the owner/operator of The Ballpark of the Palm Beaches (together with surrounding areas, including parking lots, the ¡°Ballpark¡±), including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at /spring-training/ballparks/cacti-park-of-the-palm-beaches/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 date of the game or event governed by the these terms (¡°Event¡±), 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.
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that Holder will not attend the Event if within fourteen (14) days preceding the Event, they have:
(1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
(2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A ¡°Communicable Disease¡± as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other airborne, aerosolized or surface transmissible communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
RESALE TERMS AND POD INTEGRITY
Holder agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including without limitation (1) terms that mandate or prescribe the quantity of tickets available to be purchased, (2) additional requirements regarding Accompanying Parties, and (3) terms regarding the resale or transfer of tickets.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Holder 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 Ballpark. 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 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 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.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER 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, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES (AS DEFINED BELOW) WITH RESPECT TO 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 BALLPARK 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: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, 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 OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER. The ¡°Released Parties¡± shall include (a) HW Spring Training Complex, LLC (¡°HW¡±); Washington Nationals Baseball Club, LLC, Washington Nationals Stadium, LLC, WN Partner, LLC, Nine Sports Holdings, LLC, Lerner Corporation, Lerner Enterprises, Washington Nationals Philanthropies, Washington Nationals Youth Baseball Academy (together, the ¡°Nationals¡±); Houston Astros, LLC (the ¡°Astros¡±); and every director, officer, owner, stockholder, trustee, partner, employee, agent, independent contractor and consultant of each of the foregoing entities (all of the foregoing entities and individuals collectively referred to as the ¡°HW Parties¡±); (b) the Office of the Commissioner of Baseball (¡°MLB¡±), Major League Baseball Properties, Inc. (¡°MLBPI¡±), MLB Advanced Media, L.P. (¡°MLBAM¡±), each of the Major League Baseball Clubs (the ¡°Clubs¡±), The MLB Network, LLC (¡°MLBN¡±) and every director, officer, owner, stockholder, trustee, partner, employee, agent, independent contractor and consultant of MLB, MLBPI, MLBAM, the Clubs, MLBN and the respective related entities and members of each of the foregoing (collectively, the ¡°MLB Parties¡±); (c) the owners and operators of the Ballpark, and event sponsors, contractors, vendors, operators, agencies and advertisers of the MLB Parties and Ballpark; (d) licensees, and retail, concession, broadcast and media partners of the HW Parties and the MLB Parties; (e) press and other media; (f) vendors that may provide testing or medical services; (g) entities and individuals providing accommodation and transportation to or from the Ballpark; (h) other entities and individuals who enter the Ballpark; and (i) the respective parent, subsidiary, affiliated and related companies and officers, directors, employees, agents, licensees, contractors, sub-contractors, insurers, representatives, successors, assigns of each of the foregoing entities and persons.
[FOR CALIFORNIA RESIDENTS] HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: ¡°A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.¡±
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 other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of these terms shall not be affected thereby and shall remain valid and fully enforceable.