NFL On Location Terms and Conditions
1. TERMS AND CONDITIONS: By providing the payment for the package described (the “Package”), you (“Purchaser”) agree to the terms and conditions set forth herein.
2. DELIVERY OF PACKAGE: All sales shall be final. NFLP shall not be obligated to provide the Package or an element of portion thereof, unless and until NFLP receives the full and timely payment of the Total Package Fee which includes all applicable taxes/VAT. Such payment shall be made in full at the time of submission of this Agreement. NFL Properties LLC (“NFLP”) does not guarantee availability of services until Purchaser has received confirmation that payment in full has been received and NFLP has provided confirmation to Purchaser. NFLP does not guarantee the quality of services provided by third parties. NFLP is making arrangements on Purchaser’s behalf. Purchaser acknowledges and agrees that Purchaser will not hold the NFL Entities as defined below responsible for the quality of services.
3. At the time of purchase, seat locations and hotel assignments may be made within specific zones or categories of like nature, quality, location, and kind, and may not include identification of actual seats (i.e., row and seat number within a specified section or portion of a section) or hotel rooms (i.e., “Double-Double” or “King” room type). Such actual identification will be prioritized on a first-come, first served basis. Purchaser assumes all responsibility for registering all of its guests at the hotels specified in the Description unless otherwise specifically agreed upon in writing by Purchaser and NFLP. Individual guests at the hotels will be responsible for all incidental hotel expenses, except for room rate and associated room rate taxes.
4. Individual guests at the hotel(s) will be responsible for all incidental hotel expenses, with the exception of room rate and associated room rate taxes. Any Hotel provided amenities (e.g., English Breakfast) is defined by Hotel property and, as a third party service, is subject to any and all restrictions or regulations as set forth by Hotel. NFLP does not guarantee the quality of services provided by any third party.
5. NFLP reserves the right to refuse or revoke the admittance (with no refund) to any event described in the Package for any person who acts in a disorderly or disruptive manner as determined by event officials and/or to refuse or revoke the use of any other privileges granted in this Agreement due to such conduct. All terms and conditions set forth with respect to the game tickets, events tickets, credentials and lodging accommodations provided pursuant to this Agreement shall apply to this Agreement.
6. Purchaser shall not resell or transfer all or any portion of the items set forth in the Package to any person or entity without the prior written consent of NFLP, which consent NFLP may grant or decline to grant in its sole discretion. No element of the Package may be used in conjunction with any promotion, contest, sweepstake, advertisement or similar commercial endeavor without the prior written consent of NFLP, which consent NFLP may grant or decline to grant in its sole discretion. In the event of any such unauthorized transfer or promotion, NFLP shall have the right to refuse or revoke the use of any tickets or other privileges provided in the Package and Purchaser shall not be entitled to a refund of any part of the Package fee.
7. Purchaser must provide the name of the individual(s) picking up the Package elements and such individual(s) will be required to provide valid, government issued picture identification upon pick-up.
8. NFLP, THE NATIONAL FOOTBALL LEAGUE, IT’S THIRTY-TWO MEMBER PROFESSIONAL FOOTBALL CLUBS (THE “MEMBER CLUBS”), NFL VENTURES, L.P. AND ITS SUBSIDIARIES, NFL VENTURES, INC., AND EACH OF THEIR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SHAREHOLDERS, EMPLOYEES, SPONSORS AND LICENSEES (COLLECTIVELY “THE NFL ENTITIES”) SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY TO ANY PERSON OR TO ANY PROPERTY OF PURCHASER OR PURCHASER’S EMPLOYEES, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS USING ANY PART OF THE PACKAGE RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO THEFT AND VANDALISM. NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
9. Other than as specifically set forth herein in the description of the Packages, Purchaser shall be responsible for all costs incurred in connection with its rights and obligations hereunder including, but not limited to any guest transportation and lodging costs with the exception of the costs outlined herein, including transportation to or from the city in which the event is being held.
10. Purchaser acknowledges and agrees that Purchaser shall not acquire any proprietary or other rights in or to use the NFL Trademarks (as defined below) by virtue of signing this form. Neither Purchaser nor any party shall use or display any NFL Trademarks, including, without limitation using the NFL Trademarks or any reproduction of them in any promotional materials (including any materials published on the Internet) related to this form. Under no circumstances shall Purchaser be entitled to produce merchandise bearing the NFL Trademarks. Nothing in this Section 10 shall limit the ability of Purchaser to purchase officially licensed products bearing the NFL Trademarks. For the purposes of this Agreement, “NFL Trademarks” means the names, symbols, emblems, designs, and colors of the NFL and its Member Clubs, including without limitation the terms “National Football League”, “NFL”, “National Football Conference”, “American Football Conference”, “NFC”, “AFC”, “Super Bowl”, the Super Bowl XLVI logo, “Pro Bowl” , the 2012 Pro Bowl logo and the NFL shield design, as well as the full team names, nicknames, helmet designs, uniform designs, logos and slogans of the Member Clubs, and any other indicia adopted for commercial purposes by NFLP, the NFL or any of its Member Clubs. Purchaser acknowledges and agrees that all right, title and interest in and to the NFL Trademarks belongs to the NFL and Member Clubs.
11. NFLP reserves the right to refuse or revoke the admittance (with no refund) to any event described in the Package for any person who acts in a disorderly or disruptive manner as determined by event officials and/or to refuse or revoke the use of any other privileges granted in this Agreement due to such conduct. All terms and conditions set forth with respect to the game tickets, events tickets, credentials and lodging accommodations provided pursuant to this Agreement shall apply to this Agreement.
12. Except as set forth in Section 13, Purchaser acknowledges and agrees that the monies paid are nonrefundable and Purchaser shall not be entitled to a refund of any portion of such monies even in the event that Purchaser wants to change the number of type of Packages purchased.
13. In the event (a) the 2011 International Series game (or other event described herein) is cancelled, postponed, delayed or rescheduled due to weather, an act of God, state of war, terrorism, strike, labor dispute, or any condition beyond the reasonable control of NFLP, or (b) any element of the Package is not available due to weather, an act of God, state of war, terrorism, strike, labor dispute, or any condition beyond the reasonable control of the NFL Entities, the NFL Entities shall be fully excused for any delay or inability to perform due to the occurrence of any such events. NFLP shall make reasonable efforts to recover costs paid by it to third parties for elements included in the Packages. In the event NFLP is successful in recovering any such costs or in obtaining the Package elements at a different time at no additional expense, NFLP will reimburse a proportionate share of such recovered costs to Purchaser or deliver such available Package elements, as applicable. The preceding sentence shall in no way serve as NFLP’s guarantee of or commitment to any specific refund amount of the monies paid or provision of replacement Package elements to Purchaser.
14. Notwithstanding anything to the contrary herein, NFLP shall not be responsible to Purchaser or to any third party for reimbursement or loss for any damages, including, but not limited to consequential damages, additional costs and/or losses that the Purchaser may suffer as a result any element of this Package not being available or in anticipation of such items being available.
15. Purchaser will indemnify, hold harmless the NFL Entities from and against any liabilities, obligations, damages, losses, claims, demands, recoveries, settlements, deficiencies, costs or expenses (including, without limitation, reasonable attorneys’ fees and expenses) which the Indemnified Parties may suffer or incur in connection with, resulting from or arising out of Purchaser’s (or any subcontractors hired by Purchaser): (a) breach of any of its representations, warranties, covenants or obligations contained in this Agreement; (b) noncompliance with any applicable federal, state, or local laws or regulations; (c) willful misconduct or negligence or (d) performance under this Agreement, including without limitation, any claims arising from or related to the sale, offering for sale, or distribution of alcoholic beverages.
16. Other than as specifically set forth herein in the description of the Packages, Purchaser shall be responsible for all costs incurred in connection with its rights and obligations hereunder including, but not limited to: (a) all costs for services ordered from and/or rendered by any supplier/vendor in connection with this Agreement, such as utilities, telecommunications and security; (b) all materials used by Purchaser, such as staging, tenting, flooring, carpeting, display cases and other functional and design elements; (c) any guest transportation and lodging costs with the exception of the costs outlined herein, including transportation to or from the city in which the event is being held; and (d) any promotional materials used by Purchaser in connection with the Agreement. Purchaser and every party that Purchaser contracts with to provide the goods or services to Purchaser in connection with the Agreement must agree to look solely to the assets of each other for any recourse, and not to NFLP, the NFL or any of the Member Clubs.
17. Nothing herein shall be construed as creating a partnership, a joint venture, or an agency relationship between NFLP and Purchaser. Neither party will have the power to obligate or bind the other in any manner whatsoever. NFLP in no way endorses, certifies or guarantees the quality of the products and/or services provided by Purchaser.
18. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Purchaser may not assign its rights or obligations hereunder without the prior written consent of NFLP. NFLP may freely assign this Agreement and shall be fully released from any liability hereunder in the event of such assignment. No amendment to this Agreement shall be effective unless in writing and executed by all parties. This Agreement (including all attachments referred to herein which form a part of this Agreement) constitutes the entire agreement of the parties and its provisions supersede any and all prior and contemporaneous agreements or understanding relating to the same subject matter. This Agreement (and each amendment, modification and waiver in respect of it) may be executed and delivered in counterparts (by PDF or facsimile), each of which shall be deemed an original and all of which, taken together, shall constitute one agreement.
19. The above signed purchaser hereby agrees to the above Terms and Conditions of the NFL On Location program.