My Yankees Account Terms and Conditions
By using ¡°My Yankees Account¡± (the ¡°Account¡±), each Account Licensee (the ¡°Account Holder¡±) agrees to the following terms and conditions (the ¡°Agreement¡±) which contains an AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER. The New York Yankees may change the terms of the Agreement at any time, without notice, and Account Holder¡¯s use of the Account after such change is posted will mean that Account Holder accepts such change(s). Account Holder is solely responsible for reading and understanding the Agreement before using the Account. All Tickets purchased through the Account shall be subject to the terms and conditions set forth at www.yankees.com/ticketterms (the ¡°T&Cs¡±). Unless otherwise defined herein, all capitalized terms shall have the meaning set forth in the T&Cs. In the event of a conflict between the T&Cs and the Agreement, the T&Cs shall control and govern.
1. Each Account is issued a unique password which must be safeguarded by the Account Holder. The Account Holder shall be absolutely and unconditionally responsible for anyone accessing the Account with Account Holder's password and for all resulting transactions.
2. The benefits, features and functionality for each Account (¡°Account Benefits¡±), as set forth on the New York Yankees website and/or in any other New York Yankees brochures, pamphlets or collateral material are provided to the Account Holder (proof of identification shall be required) in the sole and absolute discretion of the New York Yankees and are subject to availability, change, modification and/or cancellation at any time, with or without notice and with or without substitution. Said Account Benefits are subject to restrictions, terms and conditions as the New York Yankees deem appropriate and may be changed, modified, amended, supplemented or cancelled (a ¡°change¡±) at any time by the New York Yankees. Any use of the Account and/or any Ticket constitutes Account Holder¡¯s acceptance of the restrictions, terms and conditions. Furthermore, any use of the Account and/or Tickets after any change constitutes Account Holder¡¯s acceptance of such change. Account Holder acknowledges and agrees that Account Benefits are not necessarily exclusive to Account Holder and may be provided to other ticket licensees at the sole and absolute discretion of the New York Yankees. The Account and Account Benefits provided, from time to time, are provided at the discretion of the New York Yankees and the discontinuance and or termination (either temporarily or permanently) of the Account and/or the unavailability and/or change of any Account Benefits provided as part of the Account shall neither constitute a breach of the License, for which, the Account Holder acknowledges that no consideration has been provided, and shall not entitle any Account Holder to any compensation, credits, rebates, refunds, make goods or any other consideration.
3. The New York Yankees may screen Account activity for signs of fraud, which may result in automatic cancellation of Account activity and temporary or permanent suspension of Accounts. Accounts may be reinstated in the sole and absolute discretion of the New York Yankees.
4. Any Resale of any Tickets covered by the Account must be done in accordance with any applicable Laws. Any Resale in violation of Laws constitutes a material breach of the Account. Any attempt by two (2) or more persons to gain admission with both a cancelled ticket and any reissued Ticket whether as part of a Resale transaction and/or otherwise transferred by Account Holder constitutes a material breach of the Account. NEW YORK LAW PROVIDES THAT: (a) THE UNLAWFUL RESALE OF FIVE (5) OR MORE TICKETS WITHOUT HAVING FIRST PROCURED A LICENSE FROM THE NEW YORK SECRETARY OF STATE IS PUNISHABLE BY IMPRISONMENT OF UP TO ONE (1) YEAR AND FINES OF UP TO $2,000.00; (b) THE USE OF ANY MACHINE, DEVICE, COMPUTER PROGRAM OR COMPUTER SOFTWARE THAT NAVIGATES OR RUNS AUTOMATED TASKS ON RETAIL TICKET PURCHASING WEBSITES IN ORDER TO BYPASS SECURITY MEASURES TO PURCHASE TICKETS IS ILLEGAL; AND (c) THE RESALE OF ANY TICKET WITHIN ONE THOUSAND FIVE HUNDRED (1,500) FEET FROM THE PHYSICAL STRUCTURE OF YANKEE STADIUM (INCLUDING ANY BUILDING OR OTHER STRUCTURE AT WHICH TICKETS ARE OFFERED FOR FIRST SALE TO THE PUBLIC) IS PROHIBITED UNDER PENALTY OF LAW. THE NEW YORK YANKEES RESERVES THE RIGHT TO REQUIRE PROOF OF A PROPERLY ISSUED NEW YORK TICKET RESELLER LICENSE. Account Holder assumes all risks associated with the Resale of any Tickets covered by the Account and the purchase of any Ticket via Resale or the secondary market.
5. No Ticket(s) may be used for advertising, promotion (including contests, giveaways or sweepstakes) charitable, trade or commercial purposes without the New York Yankees¡¯ consent. The use of any Ticket for commercial or other transactions involving the Tickets in violation of applicable law and/or the License, with or without the knowledge of the Account Holder, is the sole responsibility of Account Holder, who shall remain absolutely and unconditionally responsible for any violations and/or breach of the License.
6. The New York Yankees may take any action that we deem appropriate in our sole discretion (including, without limitation, issuing a warning, temporarily or permanently suspending an Account and/or any Account Benefits, denying access to an Account and/or any Account Benefits) if: (a) Account Holder breaches the License or the terms of use relating to the Account and/or Account Benefits; (b) Account Holder or any person in possession of any Ticket(s) fails to or is unwilling to cooperate with any investigation into any breach of the License or violation of the terms of use relating to the Account and/or Account Benefits; (c) the New York Yankees are unable to verify or authenticate any information Account Holder provides concerning the Account; (d) the New York Yankees believe that Account Holder's conduct may cause legal liability for Account Holder or for the New York Yankees; or (e) to the extent the New York Yankees may deem necessary for the protection of the safety of patrons or to address fraud or misconduct.
7. WAIVER AND RELEASE OF LIABILITY
(a) Account Holder recognizes that attendance at the Event is voluntary and may result in personal injury (including death, illness, sickness and disease) and/or property damage. By using any Ticket covered by the Account or by attending, observing or participating in the Event, Account Holder acknowledges and assumes all risks and dangers associated with the Licensee/Holder being a spectator at the Event. If the Event is a Game, such risk and dangers include, without limitation, the danger of being injured by thrown bats; bat fragments; thrown or batted balls; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents, accidents illness, sickness and/or disease associated with crowds of people or the negligence or misconduct of other spectators.
(b) Account Holder agrees that the Released Parties will not be responsible for any Released Claims. Account Holder hereby releases, forever discharges, and covenants not to sue the Released Parties from and against any and all Released Claims and/or any other claims for 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 related to the Event, whether such recordings and photographs are captured prior to, during or subsequent thereto.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, ACCOUNT HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Account Holder will 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 Licensee¡¯s/Holder¡¯s: (a) attendance at, observation of, and/or participation in the Event; (b) acts or omissions; or (c) breach of any of the terms, conditions or representations made in the Agreement and the T&Cs.
9. MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (¡°ARBITRATION AGREEMENT¡±)
(a) The New York Yankees care deeply about maintaining good relationships with fans. If Account Holder has a problem with the Account and/or Ticket covered by the Account, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.
(b) Unless prohibited by federal law, Account Holder and the New York Yankees agree to arbitrate any and all claims and disputes relating in any way to the meaning, interpretation, application, or enforcement of the Agreement, the Account, the purchase or use of any Ticket covered by the Account, the participation in, attendance at, and/or observation of any Event (including by any Licensee, Holder and/or any accompanying minor, collectively, for purposes of this Arbitration Agreement, the ¡°Covered Parties¡±), the Agreement, and any related dealings between them, including, without limitation, claims of personal injury (including illness and death) or property damage arising out of attendance at and/or participation in any Event by Covered Parties (¡°Arbitration Claims¡±) including the determination of arbitrability as well as 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. ¡ì¡ì 1-16 (¡°FAA¡±), and not by state law.
(c) In any Arbitration Claim to be resolved by arbitration, neither the Covered Parties nor the New York Yankees will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that the Covered Parties and the New York Yankees would have in court will not be available or will be more limited in arbitration, including the right to appeal. The Covered Parties and the New York Yankees each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES 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.
(d) Arbitrations shall be administered by JAMS in accordance with its then-existing commercial arbitration rules. The Covered Parties may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 212-751-2700 or visiting www.jamsadr.com. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in New York, New York. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. 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 Covered Parties and the New York Yankees 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 parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, all Covered Parties and the Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
(e) Payment of all filing, administration, hearing and other fees (¡°Arbitration Fees¡±) will be governed by JAMS's rules. Covered Parties will be responsible for paying Covered Parties¡¯ share of any Arbitration Fees, but only up to the amount of the filing fees Covered Parties would have incurred in the state or federal court in New York, whichever is less. The New York Yankees will not seek attorneys¡¯ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Notwithstanding any other provision herein, the Covered Parties and the New York Yankees may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, the Covered Parties and the New York Yankees 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 the 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 the Agreement and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).
(f) Prior to bringing a claim under this Arbitration Agreement, the party seeking to bring a claim (the ¡°Claimant¡±) shall give the other party or parties written notice of the Arbitration Claim (a ¡°Claim Notice¡±) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to the New York Yankees shall be sent by mail to New York Yankees, Attn: Legal Department, Re: My Yankees Account Claim Notice, One East 161st Street, Bronx New York 10451. Any Claim Notice must (i) identify the Claimant by name, address, email address, and telephone number; (ii) explain the nature of the Arbitration Claim and the relief demanded; and (iii) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.
(g) Notwithstanding Sections 9(b) ¨C (f), above, in the event the dispute involves: (i) Licensee¡¯s failure to pay the full amounts due for the Tickets covered by the Account; and/or (ii) Licensee¡¯s failure to participate in the arbitration in good faith, or frustrates the arbitration process and/or the arbitration process reaches an impasse, then as a result of any of the foregoing, Licensor, at its sole option, shall be relieved from the Arbitration Agreement and may immediately proceed with any legal action, suit or proceeding in the State Courts of New York located in Bronx County. Licensee expressly and irrevocably accepts and submits to the exclusive jurisdiction and venue of the aforesaid courts in personam and waives any claim that such forum is inconvenient, inappropriate or any similar claim. Licensee further acknowledges and agrees that if Licensor is forced to proceed under this Section 9(g) with respect to any dispute, such dispute is likely to involve complicated and difficult issues. Accordingly, Licensee hereby irrevocably and unconditionally waives any right it may have to a trial by jury in respect to any litigation contemplated hereunder.
(h) Licensee further certifies and acknowledges that: (i) no representative, agent or attorney of Licensor has represented, expressly or otherwise, that Licensor would not, in the event of litigation, seek to enforce Licensee¡¯s waiver of a trial by jury; (ii) it understands and has considered the implications of Licensee¡¯s waiver of a trial by jury; (iii) it makes such waiver voluntarily; and (iv) it has induced Licensor to enter into this Agreement by, among other things, its waiver of a trial by jury and the certifications contained in Sections 9(h)(i) ¨C (iv).
(i) ACCOUNT HOLDER HAS THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT ACCOUNT HOLDER MUST EXERCISE THIS RIGHT PROMPTLY. If Account Holder does not wish to be bound by this Arbitration Agreement, Account Holder must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the first use of the Account. Account Holder must send the request to: New York Yankees, Attn: Legal Department, Re: Arbitration, One East 161st Street, Bronx, New York 10451. The request must include Account Holder¡¯s full name, address, account number, and the statement ¡°I reject the Arbitration Agreement contained in the My Yankees Account Terms and Conditions.¡± If Account Holder exercises the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if Account Holder had not rejected arbitration.
(j) ACCOUNT HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF ANY LICENSEE, HOLDER AND ACCOMPANYING PARTY WHO IS A MINOR AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN. IF ACCOUNT HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF ANY ACCOMPANYING PARTY, ACCOUNT HOLDER SHOULD IMMEDIATELY LEAVE THE STADIUM WITH SUCH ACCOMPANYING PARTY.
(k) Except as necessary in connection with a judicial challenge to or enforcement of an arbitration award, or unless otherwise required by law or judicial decision, the parties agree that the arbitration procedure will be confidential. All conduct, statements, promises, offers, views and opinions, oral or written, expressed during the arbitration by any party or a party¡¯s agent, employee or attorney will remain confidential and, where appropriate, will be considered work product and privileged and the existence and the results of the arbitration will be maintained by the parties and their respective agents, employees, professionals and attorneys as confidential at all times.
10. GENERAL INFORMATION
(a) Be advised that the New York Yankees reserve the right to take appropriate action against individuals who fraudulently obtain Tickets for wheelchair accessible and/or companion seats, including, without limitation, ejection and legal action.
(b) The New York Yankees make no representations or warranties concerning, without limitation, the Account and/or the condition of the Stadium or its suitability for any particular purpose and Account Holder accepts the Stadium ¡°AS IS.¡±
(c) THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED BY NEW YORK LAW, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF EXCEPT THAT THE ARBITRATION AGREEMENT SHALL BE GOVERNED AND CONSTRUED BY THE FAA.
(d) IN NO EVENT WILL THE NEW YORK YANKEES AND/OR ANY OTHER RELEASED PARTY BE LIABLE TO ACCOUNT HOLDER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES EVEN IF THE NEW YORK YANKEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. COMMUNICABLE DISEASES.
(a) AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING COVID-19) EXISTS IN ANY PUBLIC PLACE INCLUDING THE STADIUM REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. ACCOUNT HOLDER AND ANY LICENSEE/HOLDER AND ACCOMPANYING PARTY AGREE TO: (i) ASSUME ALL RISKS ASSOCIATED WITH COMMUNICABLE DISEASES (INCLUDING COVID-19); AND (ii) COMPLY WITH ALL RELATED HEALTH AND SAFETY POLICIES OF THE LICENSOR AND THE STADIUM.
(b) Account Holder acknowledges and agrees to comply with: (i) all relevant policies and protocols issued by the Licensor and/or the Stadium including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, currently available at /yankees/ballpark/information, all of which may continue to be updated from time to time between purchase of the Ticket and the ticketed Event date; and (ii) all current guidance of the Centers for Disease Control and Prevention (¡°CDC¡±) and all applicable Laws and policies of federal, state, city and local authorities (subsections (i) and (ii) are, collectively, ¡°Health and Safety Policies¡±).
(c) Account Holder acknowledges and understands that, if a Licensee/Holder and/or Accompanying Party is infected with any Communicable Disease (including COVID-19), such person may infect others that the person may subsequently come in contact with, even if such person is not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Account Holder agrees that neither Licensee/Holder nor any Accompanying Party will attend the Event if, on the date of the Event, such person is required or recommended by Health and Safety Polices to stay at home, quarantine and/or isolate (e.g., as a result of testing positive for, experiencing symptoms of, or being in direct contact with someone who tested positive for, any Communicable Disease including COVID-19).
(d) Account Holder and each Licensee/Holder and Accompanying Party acknowledge and expressly assume all risks that are in any way related to or arising from being exposed to or contracting Communicable Diseases (including COVID-19) in the Stadium. By using the Ticket, each Licensee/Holder and Accompanying Party is acknowledging and confirming, both now and in the future, that such person understands and expressly assumes the risk that such person may be exposed to Communicable Disease (including COVID-19). Account Holder and each Licensee/Holder and Accompanying Party expressly understand that these risks include contracting Communicable Disease (including COVID-19) and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting a Communicable Disease (including COVID-19). Account Holder and each Licensee/Holder and Accompanying Party further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting a Communicable Disease (including COVID-19) that it cannot be guaranteed that such person will not be exposed, and that as such, potential exposure to or contraction of any Communicable Disease (including COVID-19) are risks inherent in such person¡¯s decision to use the Ticket that cannot be eliminated.
(e) ACCOUNT HOLDER ON BEHALF OF EACH LICENSEE/HOLDER AND ACCOMPANYING PARTY AND THEIR RESPECTIVE PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, 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 WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (i) USE OF THE TICKET, (ii) PRESENCE AT THE STADIUM OR (iii) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE LICENSOR OR OTHER RELEASED PARTIES, INCLUDING THOSE CLAIMS THAT ARISE AS A RESULT OF: (A) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES AND/OR (B) THE INHERENT RISKS ASSOCIATED WITH VISITING THE STADIUM, INCLUDING (I) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF ANY COMMUNICABLE DISEASE (INCLUDING COVID-19) BY LICENSEE/HOLDER, ANY ACCOMPANYING PARTY, OR OTHER INDIVIDUALS EXPOSED TO ANY COMMUNICABLE DISEASE (INCLUDING COVID-19) BY LICENSEE/HOLDER AND ANY ACCOMPANYING PARTY; AND (II) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY POLICIES TO LICENSEE/HOLDER AND/OR ANY ACCOMPANYING PARTY.
(f) The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are 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 any Communicable Disease (including COVID-19). 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.
Additional terms and conditions may apply.