This ticket is a revocable license that only grants a one-time entry for the purpose of touring the mixed-use development project that includes office, retail, multi-family residential and hotel facilities, as well as a multi-use special event center and professional football training facility and corporate headquarters on a ninety (90) acre tract of land situated at the northwest corner of Warren Parkway and Dallas North Tollway in Frisco, Texas commonly referred to as ‘The Star’ (the “Complex”) and, from time to time, the option to participate in certain voluntary and elective activities in connection with the tour (collectively, the “Tour”) with no right of re-entry. The person seeking entry pursuant to this license, and any accompanying minors (“Holder”), agrees that this ticket license is subject to these terms (“Terms”) and by purchase, acceptance and/or use of this ticket for the Tour, Holder is deemed to have read the Terms and has agreed to be bound by them. Failure to comply with any of these Terms shall result in forfeiture of this license and all rights arising under it without refund, and entitle Legends Hospitality, LLC, Frisco MUEC Operations, LLC, Frisco HQ Operations, LLC, Dallas Cowboys Football Club, Ltd., and/or their designee(s) (individually or collectively, “Management”) to pursue all legal remedies available. Admission may be refused or revoked, and Holder may be ejected in the sole discretion of Management.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, venue capacity limitations result in Holder’s ticket(s) being cancelled, or the Tour is cancelled and not rescheduled for any reason, is a refund of up to the face value of the ticket set by Management (“Face Value”). Management’s liability for any breach of the Terms shall not exceed the Face Value. IN NO EVENT SHALL MANAGEMENT (INCLUDING FORD MOTOR COMPANY AND ITS DEALERS) BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF THE FACE VALUE FOR THIS TICKET, REIMBURSEMENT OF ANY TRAVEL-RELATED EXPENSES OR ANY DELAY CAUSING HOLDER TO ARRIVE LATE OR MISS THE TOUR FOR ANY REASON. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THIS TICKET OR THE TOUR SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN COLLIN COUNTY, TEXAS. HOLDER AND MANAGEMENT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS THAT IT IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE COMPLEX. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
Holder acknowledges this ticket has been acquired for the purpose of partaking in the Tour, and that Management makes no representation and has no obligation to Holder or any subsequent ticket holder that any particular player(s) or performer(s) will appear in the Tour. The date, time, Tour content, and accessibility to certain areas of the Complex are subject to change by Management in its sole discretion, and no such change shall entitle Holder to a refund or any other remedy if Holder cannot attend or for any other reason.
Holder must comply with all Management’s and the Complex’s policies, including without limitation any security and fan conduct policies, health and safety protocols, policies and assessments, and any bag policies. Holder and Holder’s belongings may be searched or assessed. Prohibited items may be confiscated and/or Holder may be denied admission or have his or her admission revoked at any time at the sole discretion of Management. Holder consents to such searches and assessments and waives all claims relating to them. If Holder does not consent to such searches and assessments, Holder acknowledges that Management has the right to deny admission or to eject Holder from the Tour without refund. Management reserves the right to deny admission to or eject any person who Management, in its sole discretion, determines poses a risk to the health and safety of other attendees and/or whose conduct violates these Terms, any Tour-related policies or is otherwise disorderly unruly, or dangerous or complicit in such conduct) without refund.
Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) (1) in any form, any description or account (whether text, data or visual) of the Tour or related events (collectively, “Descriptive Data”) for any commercial or non-personal, purpose; (2) any images, videos, audio or other form of display or public performance or reproduction of any portion of the Tour or related events (“Works”) for any commercial or non-personal purpose; or (3) livestreams of any portion of the Tour or related events (the “Livestreams”). Notwithstanding the foregoing, Holder agrees that by causing this ticket to be accepted or scanned upon entry to the stadium, Holder shall be deemed to have signed this ticket and granted Management an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Works, the Livestreams, and, to the extent permitted by law, the Descriptive Data. Holder also grants irrevocable permission to Management and their respective sponsors, licensees, advertisers, broadcasters, designees, partners and agents to use, publish, distribute, and/or modify Holder’s image, likeness, voice, actions and statements in any medium, now known or hereafter invented, including without limitation, any audio, video or images of the Tour for any purpose without further authorization or compensation, and waives all claims and potential claims relating to such use unless prohibited by law.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to the Tour and related activities, including the risk of personal injury (including without limitation playing or running on the field and any projected, thrown, kicked, shot, hit or hurled football, item equipment or any other object as well as death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses or the causes thereof, or lost, stolen or damaged property, whether occurring before, during, or after the Tour, however caused and whether inside or outside of the venue, and hereby waives all claims and potential claims relating to such risks, hazards and dangers. NOVEL CORONAVIRUS SARS COV-2 (TOGETHER WITH ANY VARIATION THEREOF, “COVID-19”) IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”) ADVISES THAT SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. BY ENTERING ANY VENUE AT THE COMPLEX AND THE COMPLEX GROUNDS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19.
Management is not responsible for lost, stolen, destroyed, duplicated, counterfeit tickets or tickets obtained from sources other than a representative of Management and may refuse to honor such tickets. This ticket may not be used for, or in connection with, any form of commercial or trade purposes including, but not limited to, any advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of Management. Use of this ticket in violation of any law is strictly prohibited and will result in seizure, revocation and/or forfeiture of this license without refund.
RELEASE, WAIVER & COVENANT NOT TO SUE
On behalf of Holder and Holder’s Related Persons (defined below), Holder releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that Holder or any of Holder’s Related Persons may have (or hereafter accrue), against any of the Released Parties, that relate to any of the risks, hazards and dangers described above, including without limitation any and all claims that arise out of or relate in any way to (i) Holder’s exposure to COVID-19; (ii) Holder’s entry into, or presence within or around, the Tour (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Tour; or (iii) any interaction between Holder and any personnel of any of the Released Parties at the Tour, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
- “Related Persons” means Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Tour with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder’s or their behalf.
- “Released Parties” means: (i) Legends Hospitality, LLC, Frisco MUEC Operations, LLC, Frisco HQ Operations, LLC, Dallas Cowboys Football Club, Ltd., and/or their designee(s), and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and all employees of such contractors) and other personnel; (ii) the direct and indirect owners, lessees and sublessees of Ford Center and related venue grounds (including, without limitation, parking areas and entry gates) (“Venue”); (iii) all third parties performing services at the Venue; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, subcontractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.
Fan Health Promise
Holder agrees, on behalf of Holder and anyone for whom Holder obtains a ticket, that Holder and each such individual will not attend the Tour if they have tested positive for COVID-19 within 14 days prior to the Tour, or, unless they are fully vaccinated for COVID-19 (as defined by the CDC), any of the following is true on the Tour date:
- Within the prior 14 days, they have been exposed to someone who has tested positive for COVID-19, or are subject to a federal or local travel or quarantine advisory due to COVID-19;
- Within the prior 48 hours, they have experienced symptoms of COVID-19 (e.g., fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms identified by the CDC) (anyone who is fully vaccinated but experiences any of the above symptoms within 48 hours before the Tour should nevertheless consult a healthcare provider and get tested for COVID-19 before attending).
If any provision of this revocable license is determined to be invalid, illegal, or unenforceable, it shall be deemed severed and not affect the enforceability of any other provisions, which shall be enforced as if the revocable license did not contain the invalid, illegal, or unenforceable provision.