The purchasing party (the “Holder”) specifically acknowledges and agrees that the “Club” package or “Pack” purchased in connection with this website (www.miamisharks.com) expressly represents a voucher for the description provided, and not a coupon (the “Voucher”). The Voucher will be exchanged by The Rugby Sharks, LLC (the “Sharks”), at a later date determined by the Sharks’ management, in return for ticket(s) for the games (each, an “Event”), as well as vouchers and/or merchandise for the other benefits which are depicted as part of the “Club” or “Pack” purchased, as applicable. The Holder acknowledges and agrees that Events are yet to be scheduled and once defined they may be subject to change, including but not limited to, date, time and place of occurrence.
Each Voucher is not valid for credit or cash back (unless required by law), does not include any tax or gratuity, cannot be combined with any other offers or promotions, and require that the Holder complies with any and all rules and regulations of the Sharks or Major League Rugby, as same may be amended from time to time, with or without notice.
ALL VOUCHER SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked without cause, the Event capacity limits result in Ticket or Voucher cancellation, or the Event is canceled and not rescheduled for any reason, is a refund of up to the Ticket price determined by the Sharks. IN NO EVENT SHALL HOLDER OF A TICKET OR VOUCHER BE ENTITLED TO SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THE TICKET OR VOUCHER. ANY DISPUTE OR CLAIM IN ANY WAY RELATED TO THE TICKET OR VOUCHER OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION BEFORE JAMS IN MIAMI-DADE, FLORIDA PURSUANT TO ITS STREAMLINED RULES AND APPLYING FLORIDA SUBSTANTIVE LAW. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO ASSERT 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 STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
On behalf of Holder and Holder's Related Persons, Holder releases and covenants not to sue each of the Released Parties 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 Holder's (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Event (including all risks related thereto, including without limitation in parking areas or entry gates) or compliance with any rules, regulations, or protocols applicable to the Event; or (iii) interaction with any personnel of any of the Released Parties at the Event, 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 Event 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) the Sharks, Major League Rugby, LLC and its member clubs, and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and their employees) and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the stadium where any game is played (the “Stadium”) and related Stadium grounds (including, without limitation, parking areas and entry gates); (iii) all third parties performing services at the Stadium; 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.