Audi Field Event Agreement
Last Updated: January 22, 2021
I understand that by signing this form (the “Agreement”) (electronically or otherwise), I authorize DC Stadium LLC and its affiliates (collectively, “D.C. United”) to charge my credit/debit card (or withdraw from my bank account via Electronic Funds Transfer, if I so elect) the amounts (the “Event Fee”) listed above for access to the Location for the Event(s) (the “License”) and that I agree to the terms and conditions herein.
I hereby warrant that I have the authority to authorize charges to the listed account for the Event Fee. I understand and agree that D.C. United is not liable in any way for erroneous billing statements or incorrect charges and that should such an error occur in billing, D.C. United may use commercially reasonable means to correct the error when and if notified.
I understand and agree that D.C. United reserves the right to restrict entry to the Event if payments are not timely paid and/or if any authorized charge is refused by my banking institution for any reason. I realize that if any credit card/debit or checking account number(s) listed on this form changes or must be replaced, I will promptly notify D.C. United and this authorization will remain in effect for the new account number(s). Under all payment plans, all payments are due on the dates specified regardless of Event cancellations, postponements or rescheduling – refunds or exchanges in such events shall then be handled under D.C. United’s standard ticket policies/terms and conditions. D.C. United reserves the right to charge a processing fee in the event a charge is refused for any reason. Any monetary obligation under this Agreement not paid to D.C. United may bear interest accruing from such date at the rate of one and a half percent (1.5%) per month.
Event Benefits and Policies
Admission Tickets. The License shall entitle you to admission tickets to the Location in Audi Field for the Event. Only persons with tickets for the Location may be in the Location during the Event. The use of the Location by Client and Client’s guests is subject to the terms and conditions printed on or accompanying each ticket. Client shall itself and shall cause its guests at all times to (a) maintain proper decorum while using the Location; and (ii) observe all rules and regulations established pertaining to the use of the Location.
Hospitality Area. If this Additional Benefit is indicated, the License includes non-exclusive access to the club or field level area (the “Hospitality Area”) for the duration of the Event. Such access includes an “all-inclusive” experience, including various food, non-alcoholic beverages, and certain beer and wine offerings at no additional cost. Please note that the food and beverage offerings are subject to quantity restrictions, and D.C. United does not guarantee that all options will be available to you or your guests. Liquor is not included in the “all- inclusive” food and beverage offering. Memberships include VIP and private stadium entrance. If access to the Hospitality Area is limited or prohibited as a result of a Force Majeure Event, you are not guaranteed any refund, reduction, substitution, or other credit as a result thereof. “Force Majeure Event” means any cause beyond the reasonable control of D.C. United, including, without limitation, hurricane, flood, earthquake, extreme weather, acts of terror, strikes, lock-outs or labor disputes, epidemics, pandemics (including COVID-19) and the orders of any governmental entity.
Sponsorship, Signs and Banners, Intangible Property. Client may not, without the prior written approval of D.C. United, (a) permit the Event or the License to be sponsored by or otherwise identified with any third party; (b) place or allow any signs, banners or other displays in or near Audi Field, whether within or outside of the Location; or (c) use or permit the use of, in connection with the Event, by Client or otherwise whatsoever, the name, logos, colors, uniforms, emblems, trade names, trademarks, service marks, domain names, designs, logos, mascots, characters, identification, symbols or other proprietary designs of D.C. United, Audi Field, or Audi, whether in Event advertising, invitations, publicity or promotional materials, press releases, flyers, handbills, radio and television announcements or otherwise whatsoever (other than the use of the name Audi Field and its address as the location of the Event).
Client Restrictions and Indemnification. Client will not add to, delete from, move, or change the interior of the Location. Except for ordinary wear and tear, Client shall reimburse D.C. United for the repair of any damage caused to the Location, or to other property, caused by any act, error or omission of Client or Client’s guests. D.C. United shall not be liable for any loss, damage, or injury to any person or property of Client or Client’s guests in or upon the Location, including but not limited to theft or vandalism, except to the extent caused by the sole negligence or willful misconduct of D.C. United. Client hereby indemnifies, defends, and holds D.C. United, Audi, the District of Columbia, and their respective affiliates, officers, partners, owners, employees, independent contractors and agents (collectively, the “Indemnified Parties”) harmless from each claim, liability, loss, cost and expense, including reasonable attorney’s fees and court costs, related in any way to the use of the Location by Client or Client’s guests, or to any act, error or failure to act by Client or any guest of Client. In any case in which the claimant is a person directly or indirectly employed by Client or anyone for whose acts Client may be liable, the indemnification and defense obligations in this section shall not be limited in any way by any workers’ compensation law or by any limitation on the amount or type of damages, compensation or benefits payable by or for Client under workers’ compensation laws, disability benefit acts or other employment benefit acts.
Limitation of Damages: Notwithstanding anything contained herein to the contrary, in the event of any claim by Client against D.C. United arising out of this Agreement, D.C. United’s liability to Client shall be limited to the actual, direct damages, if any, incurred by Client; in all cases regardless of the basis upon which liability is asserted. Such remedies shall be the sole and exclusive remedies available to Client with respect to D.C. United’s services pursuant to this Agreement. In no event shall D.C. United be liable to Client for any lost profits or opportunity of Client (regardless of whether D.C. United is advised of same), consequential, special, or punitive damages
Rights Reserved. D.C. United reserves the right in its sole discretion to amend, update or modify policies, pricing, and procedures relative to this Agreement upon notice to the Client. If any term or provision of this Agreement, or its application, is held invalid or unenforceable, then any such determination shall not affect the validity or enforceability of the remainder of this Agreement. This Agreement and the License are not transferable from one person or entity to another without the prior written permission of D.C. United.
Revocable License. The License (and any attributed ticket(s)) is a revocable license issued by D.C. United to Client. Breach of any of the terms this Agreement, D.C. United or Audi Field policies, or any applicable Fan Code of Conduct, shall entitle D.C. United to all legal remedies, including but not limited to revocation or cancellation of the License.
All Sales are Final. Refunds Limited. Payments must be timely made on or before the agreed upon payment plan dates. In the event you fail to make any required payments or otherwise breach this Agreement, D.C. United reserves the right to either (a) withhold your tickets for Event until payment is made and the account is in good standing or (b) terminate this Agreement, with any payments made prior to the termination date forfeited by you. Refunds may require submission of evidence and are only available in the event of deployment for active military duty, employment relocation outside a 100-mile radius of Washington, D.C., or in the event of the death of the account holder or family member. D.C. United shall not be responsible for any failure to perform caused by a Force Majeure Event.
Assumption of Risk. Client and Client’s guests expressly and unconditionally assume all risks and dangers known or unknown, foreseen or unforeseen, and relating or incidental to the Event, including, but not limited to, harm caused by players, fans, soccer balls, or other objects, whether occurring prior to, during, or after the Event, as well as COVID-19. Client and Client’s guests agree that neither D.C. United, Major League Soccer, or their respective shareholders, affiliates, employees, or agents are liable for any injuries from such causes. Client understands and agrees that (a) COVID-19 is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented as part of the Event, can eliminate the risk of exposure to COVID-19; (c) people of all ages and health conditions, including healthy young people, have been adversely affected by COVID-19; (d) certain people have been identified by public health authorities as having greater risk based on their age or underlying medical conditions; and (e) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short- term and long-term health effects, including death, regardless of a person’s age or health condition.
Fan Behavior. Client is responsible for any unruly, disruptive, or destructive behavior of any person(s) using the tickets attributed to the License. Client will not permit any D.C. United property to be used for any illegal, improper, immoral, or objectionable purpose, or in any way obstruct or interfere with the rights of any other patrons. Client and Client’s guests and invitees will not bring into the stadium any illegal drugs or, except as prescribed to the treated individual by a licensed physician, any controlled substance. Client and Client’s guests and invitees will not permit the use of tobacco or tobacco products on D.C. United property.
Use of Image. Client and Client’s guests grant permission to D.C. United and Major League Soccer (and their designees, agents, and partners) to utilize your 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 Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
Notices. You, as well as any guests or invitees, hereby consent to receive written notices at the mailing address and email address listed, which form, content, and location shall be decided at D.C. United’s sole discretion. It is your obligation to ensure that the email and mailing address attributed to you by D.C. United is accurate at all times relevant to this Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings, representations, or agreements of any kind preceding the date of this Agreement concerning the Event. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
Acceptance of Terms & Conditions. Upon remitting any full or partial payment of the Event Fee, or by accepting delivery of your tickets and License benefits, you acknowledge responsibility for payment of the full amount due and accept and agree to the complete terms and conditions of this Agreement, subject to any amendments made to the foregoing from time to time. This Agreement and any and all modifications thereof shall be governed by the laws of the District of Columbia; in the event of a dispute between the parties arising out of or concerning this Agreement, such dispute shall be settled by arbitration. Such arbitration shall be heard by a single arbitrator and commenced before the American Arbitration Association (“AAA”) in Washington D.C. The losing party shall be responsible for the costs of the arbitrator and any amounts owed to AAA. To the fullest extent permitted by law, you and D.C. United agree that no class or collective actions can be asserted in arbitration, in a lawsuit or otherwise. All claims, whether in arbitration, lawsuit or otherwise, must be brought solely in your or D.C. United’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.