Notice of Credential Use Conditions
1. Mandatory Language for Printed Credentials
The following mandatory printed credential language must be printed on all season-long and single-match credentials:
THE TERMS AND CONDITIONS GOVERNING USE OF THIS MLS NEXT PRO CREDENTIAL ARE SET FORTH IN THE MLS NEXT PRO CREDENTIAL USE CONDITIONS, WHICH ARE AVAILABLE AT MLSNEXTPRO.COM/LEGAL/CREDENTIALS AND INCORPORATED HEREIN BY REFERENCE. BY ACCEPTING THIS MLS NEXT PRO CREDENTIAL, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ARE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE CREDENTIAL USE CONDITIONS. IF YOU DO NOT CONSENT TO THESE TERMS AND CONDITION, YOU MUST NOT ENTER THE STADIUM.
YOU MAY NOT MAKE ANY PERSONAL USE OF THIS MLS NEXT PRO CREDENTIAL OR THE STADIUM/FACILITY/EVENT ACCESS CONFERRED BY THIS MLS NEXT PRO CREDENTIAL, INCLUDING, BUT NOT LIMITED TO, REQUESTING AND/OR OBTAINING AUTOGRAPHS AND TAKING PHOTOGRAPHS.
2. MLS NEXT Pro Credential Use Conditions
As noted above, the mandatory language for printed credentials refers credential holders to “the MLS NEXT Pro Credential Use Conditions which are available at MLSNEXTPro.com/credentials. The below language represents the complete MLS NEXT Pro Credential Use Conditions, as may be amended from time to time.
1. Acceptance and use of this MLS NEXT Pro credential (this “Credential”) constitutes (i) agreement by the individual holding this Credential (the “Bearer”), on behalf of Bearer and Bearer’s employer or the entity with which Bearer is obtaining this Credential (collectively, the “Bearer Parties”), to abide by the (A) following terms and conditions (the “Credential Use Conditions”), which are also available at mlsnextpro.com/credentials, (B) conditions on reporting and transmitting updates regarding the MLS NEXT Pro Event, and (C) MLS, MLS NEXT Pro, Club, and/or applicable Stadium code of conduct and rules, including any rules governing access to the playing area and (ii) the Bearer’s acknowledgement that it has read these Credential Use Conditions.
2. This Credential is issued for the sole purpose of providing stadium or venue (“Stadium”) access to the Bearer in connection with a 2023 MLS NEXT Pro Club (“Club”) game or other Pro Soccer Development L.P. (“MLS NEXT Pro”) operated event at the Stadium, including excerpts thereof, in accordance with the details set forth on the front of this Credential (the “MLS NEXT Pro Event”). Compliance with these terms is a condition of all uses permitted by this Credential. Any unauthorized use or violation of any term of this Credential (including, without limitation, requesting autographs, taking non-work related photographs, or making any other personal use of this Credential or the Stadium access conferred by this Credential) automatically and immediately revokes all permissions granted in this Credential and subjects Bearer to ejection from the Stadium, prosecution for criminal trespass, Bearer employer revocation of Credentials for future MLS NEXT Pro Events, and any other remedies available under law. MLS NEXT Pro, Club, or their designees, in their sole discretion, may at any time revoke this Credential and/or any of the rights granted hereunder for any reason. The Bearer’s right to enter (or re-enter) and remain at the Stadium is conditioned upon compliance with the terms of this Credential and with any and all applicable policies of MLS NEXT Pro and the host L.P. of MLS NEXT Pro including, without limitation, any security and conduct policies, and any health and safety policies and assessments (including, without limitation, with respect to the risk of exposure to communicable diseases, viruses, bacteria, or illnesses (e.g., COVID-19)). This Credential must be surrendered upon demand by MLS NEXT Pro or Club. MLS NEXT Pro or Club may revoke this Credential at any time in its sole discretion and reserves the right to deny admission or eject any person who MLS NEXT Pro or Club, in its sole discretion, determines poses a risk to the health and safety of other attendees and the Bearer waives any claims that Bearer might have against MLS NEXT Pro or Club with respect thereto.
3. This Credential is issued solely to provide Stadium access to an individual with a legitimate working function at the MLS NEXT Pro Event solely to perform such function, and Bearer hereby represents, warrants, and covenants that Bearer is attending the MLS NEXT Pro Event solely for such purpose. The Bearer must be on a specific assignment as an employee or agent for the organization to which this Credential is issued. If the Bearer ceases to be an employee or agent for such organization, this Credential is hereby automatically revoked. This Credential grants the Bearer access to limited areas solely as designated by MLS NEXT Pro, the Club, and/or the Stadium. Unless explicitly granted permission by MLS NEXT Pro, the Club, and/or the Stadium, the Bearer does not have access to any non-designated areas. It is forbidden to lend, sell, or otherwise transfer this Credential, including to post or otherwise distribute any photograph or other depiction of this Credential on any mobile or social networking/media platform, any other website or in any other media now existing or invented in the future. This Credential must be worn by the Bearer in full view at all times when entering and within the Stadium. Credentials obtained from sources other than an authorized representative of MLS NEXT Pro, the Club, and/or the Stadium will not be honored. A replacement fee may be charged if this Credential is lost or stolen.
4. The Bearer’s right to film, tape, photograph or create other recordings, broadcasts, descriptions, accounts or other publications or reports pursuant to this Credential (“MLS NEXT Pro Material”) is limited to creation, reproduction, transmission, and distribution by accredited linear television networks of the MLS NEXT Pro Event solely for news coverage in the ordinary course of their business (“Media Uses”). Television and radio stations may make Media Uses of MLS NEXT Pro Events or excerpts thereof only pursuant to MLS’s news access guidelines, receipt of which is hereby acknowledged by such stations. Any other Media Uses of MLS NEXT Pro Events, including without limitation, books, motion pictures, posters, interactive products, advertising, marketing, promotional contests, sweepstakes, or other trade or merchandising uses, or in any form of media whether now or hereafter known, requires the prior specific written agreement of MLS NEXT Pro. The rights to any Media Use or any other use of MLS NEXT Pro Material or MLS NEXT Pro Events, including, without limitation, all copyright, trademark, and other property or ownership rights in MLS NEXT Pro Events, and any intellectual property or other proprietary items created or used in connection therewith, are reserved to and shall remain the sole property of MLS NEXT Pro.
5. The Bearer Parties understand that (i) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent risk of exposure to COVID-19 in any place where people are present; (ii) no precautions, including the protocols that will be implemented from time to time by Club, MLS NEXT Pro and any of their respective direct and indirect parents, affiliates, subsidiaries, partners, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, and contractors (and all employees of such contractors), and other personnel and/or third parties (including, without limitation, federal and state governmental agencies) (collectively, the “Facilities Protocols”), can eliminate the risk of exposure to COVID-19; (iii) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (A) people with certain underlying medical conditions are or may be especially vulnerable, including, without limitation, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes and (B) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to spouses, family members, and other contacts; and (iv) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. The Bearer Parties on behalf of themselves and their respective successors, assigns, heirs, next of kin, or other persons acting or purporting to act on their behalf (“Related Persons”)) fully understand and knowingly and voluntarily assume all risks related to obtaining a Credential and being granted access to, traveling to and from, entering, re-entering, or remaining, and providing services at, the Stadium, including, without limitation, the risk of bodily injury, risk of exposure to communicable diseases, viruses, bacteria, or illnesses (including, without limitation, COVID-19), and the causes thereof, sickness, personal injury, disability, other short-term or long-term health effects, and death, and lost, stolen, or damaged property, which might result not only from the Credential bearer’s own actions, inactions or negligence, but from the actions, inactions, or negligence of any of the Released Parties (as defined below). The Bearer Parties accept personal responsibility for any and all damages, liability, and other losses that they or any of their Related Persons may incur in connection with the foregoing risks.
6. The Bearer Parties, on behalf of themselves and each of their Related Persons, hereby knowingly, voluntarily, and irrevocably and forever release, waive, and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to) any and all claims, suits, causes of action, and claims for damages, whether past, present, or future, and whether known or unknown, including, without limitation, claims arising out of or in connection with Bearer’s death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which their or any of their Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) the Bearer’s exposure to COVID-19; (ii) the Bearer’s provision of services at the Stadium; (iii) the Bearer’s travel to or presence within the Stadium or compliance with any Facilities Protocols or any of the other policies or protocols applicable to the Stadium; (iv) any interaction between the Bearer and any personnel of any of the Released Parties present at the Stadium (including, without limitation, any ushers, ticket-takers, event security, health and safety personnel, or cleaning, concessions, or parking personnel); (v) any of the risks identified above in Section 5, in each case whether caused by any action, inaction, or negligence of any Released Party or otherwise; or (vi) arising from or relation in any way to the MLS NEXT Pro Event, whether occurring before, during, or after the MLS NEXT Pro Event (including, without limitation, the risk of personal injury or death, however caused, whether by players or objects such as balls, or otherwise, as well as the risks of lost, stolen, or damaged property and all other hazards arising from or related in any way to the MLS NEXT Pro Event). Nothing in the release set forth in this Section 6 shall be construed as a release of any claims the Bearer may have against his or her employer or any rights he or she may have to receive workers’ compensation. Additionally, the Bearer Parties jointly and severally agree to indemnify and hold harmlessthe Released Partiesfrom and against all liability, loss, damages, or expenses resulting from or arising out of (A) Bearer’s presence at the Stadium; (B) Bearer’s acts or omissions; (C) the presence at the MLS NEXT Pro Event of any cameras, wires, cabling, or other equipment brought on the premises or used by Bearer; and (D) breach of the terms of this Credential. For the purposes hereof, the “Released Parties” are (I) MLS, Soccer United Marketing, LLC, the members of MLS and each of the MLS teams operated by them, MLS NEXT Pro, Pro Soccer Development, G.P., the limited partners of MLS NEXT Pro and each of the MLS NEXT Pro teams operated by them, and each of their respective direct and indirect affiliates, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, and other contractors (and all employees of such contractors), and other personnel; (II) the direct and indirect owners, lessees, and sublessees of the Stadium; (III) concessionaires, merchandisers, other vendors, and all other contractors performing services at the Stadium; (IV) other third parties present at or from time to time brought to the Stadium (including, without limitation, medical personnel); and (V) any parents, subsidiaries, affiliated and related companies, and officers, directors, owners, shareholders, members, managers, partners, employers, employees, agents, contractors, sub-contractors, 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.
7. The Bearer Parties agree that any current or future dispute, claim, action, or proceeding related to, or arising out of, this Credential or Bearer’s presence at the Stadium (collectively, the “Claims”) shall be resolved by mandatory, confidential, final, and binding arbitration. The Bearer Parties agree that all Claims shall be arbitrated on an individual basis and each waives any right to litigate any such claim in any court, whether as an individual, class, or collective claim, and waives any right to arbitrate any such Claim as a class action, representative action, or class arbitration. If the Bearer Parties do not consent to this clause, Bearer must leave or not enter the Stadium. This clause is governed by the Federal Arbitration Act. Should any current or future Claim arise, the Bearer Parties shall send a written notice describing the issue (a “Dispute Notice”) to [club], at [insert address], Attention: Legal Department. The Bearer Parties and the Club, MLS NEXT Pro, and/or Stadium agree to make a good-faith effort to resolve the dispute for at least 30 days (the “Negotiation Period”) following receipt of the dispute notice. If the Bearer Parties and the Club, MLS NEXT Pro, and/or Stadium cannot resolve the Claim within the Negotiation Period, the claim shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in the city in which the Stadium is located, conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision.
8. The Bearer Parties waive any right to commence, or be a party to, any class or collective claims against the Released Parties.
9. The Bearer grants permission to the Released Parties to use the Bearer’s image, likeness, actions, and statements, in perpetuity, in any Media Use relating to the MLS NEXT Pro Event in any context for any purpose, including commercial or promotional purposes, without further authorization from or compensation to the Bearer, and Bearer waives all claims and potential claims relating to such use unless prohibited by law.
10. The Bearer consents to allowing MLS NEXT Pro or Club to inspect Bearer’s person and any bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks, or otherwise, and acknowledges and agrees that Bearer may be denied entry to or ejected from the MLS NEXT Pro Event by MLS NEXT Pro or Club in its sole discretion. Bearer consents to security searches and/or screening of Bearer and waives any claims that Bearer might have against MLS NEXT Pro or Club.
11. In order to help mitigate the risk of transmission of COVID-19 and other contagious illnesses, the Bearer agrees that he or she will not attend the MLS NEXT Pro Event if any one or more of the following is true on the day of such MLS Event: (i) within the 14 days prior to the Event, Bearer has (or any person with whom the Bearer has had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19; (ii) within the 48 hours prior to the MLS NEXT Pro Event, Bearer has (or any person with whom the Bearer has close contact has) experienced symptoms of COVID-19 (e.g., a 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 associated with COVID-19 identified by the Centers for Disease Control and Prevention or Health Canada, as applicable); or (iii) within the 14 days prior to the MLS NEXT Pro Event, Bearer has (or any person with whom the Bearer has close contact has) traveled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
12. In case of any dispute regarding the terms of this Credential, New York law will apply (without regard to its choice-of-law principles).