1. Binding Agreement. In and for consideration of the opportunity to access certain areas at Arrowhead Stadium and other areas of the Harry S. Truman Sports Complex (the "Stadium") to (a) participate in activities and ceremonies related to game day operations and events; or (b) perform a legitimate work function for, or on the behalf of, a credentialed organization (the "Accredited Organization), an individual of at least eighteen (18) years of age on his/her own behalf and, if applicable, on behalf of any minor child(ren) accompanying the individual (all parties collectively, the "Individual"), accepts and agrees to be bound by the terms and conditions of these Stadium Access Terms and Conditions (the "Agreement").
If applicable, the Individual represents and warrants that he/she is the minor child's parent, guardian, or are authorized to enter into this Agreement on behalf of the minor child by the minor child's parent or guardian and agrees that the terms of this Agreement shall bind the Individual, the minor child, and their respective personal representatives, heirs, and assigns.
2. Revocable License. The access that the National Football League ("NFL"), the Kansas City Chiefs Football Club, Inc. ("Club"), Arrowhead Stadium, and/or any of their designees (individually or collectively, "Management") gives the Individual is a revocable license that only grants a one-time entry into the Stadium for the specified event, activities or duties (the "Event"). Failure to comply with any terms within this Agreement shall result in forfeiture of this license and all rights arising hereunder without any type of compensation or make-good, and shall entitle Management to pursue all remedies available by law.
3. Limitation on Liability. IN NO EVENT SHALL MANAGEMENT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND.
4. No Guarantee of Access. THE DATE AND TIME OF THE EVENT (AND THE OPENING OF THE GATES) AND INDIVIDUAL'S PARTICIPATION AT THE EVENT ARE SUBJECT TO CHANGE BY MANAGEMENT IN THEIR SOLE DISCRETION OR AS A RESULT OF EVENTS BEYOND THEIR CONTROL, AND NO SUCH CHANGE SHALL ENTITLE INDIVIDUAL TO ANY REMEDY IF INDIVIDUAL CANNOT ATTEND OR FOR ANY OTHER REASON. Management may refuse any Individual's access or eject Individual in Management's sole discretion. If Management refuses access to or ejects Individual because Individual's conduct, in Management's sole discretion, violates this Agreement, any applicable code of conduct, or is otherwise disorderly (or complicit in such conduct), Individual will not be entitled to any remedy. Management may make modifications to any such code of conduct at any time and on one or more occasions.
5. Compliance with Policies. Individual must comply with all Management policies, including the Bag Policy (https://www.chiefs.com/stadium/clearbag), the Fan Code of Conduct (www.chiefs.com/stadium/fancodeofconduct), the NFL Official Rule Book governing access to the playing field area (www.nflcommunications.com/Pages/2019-Official-Playing-Rules.aspx), and any health and safety policies, assessments, or requirements which may be instituted by Management from time to time.
6. Consent to Search/Assessment. Individual and Individual's belongings may be searched or assessed prior to or upon entry to the Stadium or at any time thereafter. Prohibited items may be confiscated and/or Individual may be denied access or have his or her access revoked at any time while at the Stadium, its environs, and/or at other security checkpoints at the sole discretion of Management. Individual hereby consents to such searches and assessments and waives all claims relating to them. If Individual does not permit such searches or assessments, Individual acknowledges that Management has the right to deny entry or to eject Individual from the Event. Management reserves the right to deny access 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 this Agreement or any Management policies or codes, or is otherwise disorderly (or complicit in such conduct).
7. Assumption of Risk. INDIVIDUAL VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS relating to the Event or the Stadium, including the risk of personal injury (including death), sickness, including 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 Event, however caused, whether arising out of the negligence of Management (or Management's past, present and future officers, directors, employees, agents, affiliates, successors, managers, members, partners, shareholders, and assigns) or otherwise, and Individual hereby waives all claims and potential claims relating to such risks, hazards and dangers.
8. Indemnification Obligation. Individual shall defend, indemnify and hold harmless Management and their past, present and future officers, directors, employees, agents, affiliates, successors, managers, members, partners, shareholders, and assigns from and against all claims (whether alleged, adjudicated or otherwise and including third party claims and claims between the parties), actions, damages, liabilities, losses and expenses, including attorneys' fees, to the extent attributable to Individual's negligence, fault or misconduct while in or around the Stadium.
9. No Commercialization of the Event. Unless otherwise permitted under this Agreement, Individual agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) (a) in any form, any description or account (whether text, data or visual, and including, without limitation, play-by-play data) of the Event for any commercial or non-personal, purpose; (b) any photographs, images, videos, audio or other form of display or public performance or reproduction of any portion of the Event for any commercial or non-personal purpose; or (c) livestreams of any portion of the Event.
10. Publicity Grant. Individual grants irrevocable permission to Management and their respective sponsors, licensees, advertisers, broadcasters, designees, partners and agents to use, publish, distribute, edit, modify and/or alter Individual's image, likeness, voice, actions and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, transmission, publication or reproduction of the Event for any purpose without further authorization or compensation, and waives all claims and potential claims relating to such use unless prohibited by law.
11. No Drones. Use, operation, deployment, or monitoring of any aerial vehicle, including but not limited to any fixed wing, rotoaircraft, drone, rocket, powered balloons, ultralights, or model aircraft, regardless of whether controlled by line of sight, radio frequency, tethers, or any other means, is prohibited at any time at or near the Stadium or its environs. Violators may be subject to prosecution and fines for violations of Federal Aviation Administration regulated airspace restrictions. Any recording, photograph, video, or other content related to an event at the Stadium obtained through the use of such aerial vehicles is prohibited and is subject to confiscation.
12. Wi-Fi Use. You may have access to the Stadium's Wi-Fi services while attending the Event. Such access and use is subject to and limited by the Stadium's Wireless Internet Terms and Conditions, which are available at: https://www.chiefs.com/stadium/wifipolicy.
14. Governing Law. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the state of Missouri and is intended to be as broad and inclusive as permitted by such laws, without giving effect to any choice of laws or conflict of law rules (whether of Missouri or any other jurisdiction) which would limit the application of the laws or of the jurisdiction of the laws of the state of Missouri.
15. Dispute Resolution; No Class Actions. ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE LICENSE GRANTED BY MANAGEMENT TO INDIVIDUAL HEREUNDER, THIS AGREEMENT, OR INDIVIDUAL'S ATTENDANCE AT AN EVENT (EACH A "DISPUTE") SHALL BE SETTLED BY ARBITRATION IN KANSAS CITY, MISSOURI ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. INDIVIDUAL HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT THAT INDIVIDUAL MAY HAVE TO A TRIAL BY JURY REGARDING ANY DISPUTE. INDIVIDUAL UNDERSTANDS THAT THIS CONTRACT CONTAINS A BINDING ARBITRATION CLAUSE THAT MANAGEMENT OR INDIVIDUAL MAY ENFORCE. INDIVIDUAL HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT THAT INDIVIDUAL MAY HAVE TO A PUNITIVE OR EXEMPLARY DAMAGES AWARD. ANY ARBITRATION AWARD SHALL BE LIMITED TO ACTUAL DAMAGES AND ATTORNEYS' FEES. INDIVIDUAL HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT THAT INDIVIDUAL MAY HAVE TO ANY FORM OF CLASS ARBITRATION. INDIVIDUAL'S DISPUTE SHALL BE RESOLVED INDIVIDUALLY AND SHALL NOT BE CONSOLIDATED WITH ANY OTHER CLAIM OF ANY OTHER PERSON OR ENTITY. INDIVIDUAL AGREES AND ACKNOWLEDGES THAT INDIVIDUAL MUST INITIATE ANY DISPUTE BY FILING A PROPER DEMAND FOR ARBITRATION WITHIN ONE YEAR OF THE DATE OF INDIVIDUAL'S ATTENDANCE AT THE EVENT AND THAT INDIVIDUAL CAN BRING NO DISPUTE AFTER THAT TIME. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. JURISDICTION FOR ANY APPEAL OF AN ARBITRATION AWARD IS APPROPRIATE ONLY IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI. INDIVIDUAL AGREES AND ACKNOWLEDGES THAT ANY DISPUTE, INCLUDING THE FACT AND OUTCOME OF ARBITRATION, IS STRICTLY CONFIDENTIAL. INDIVIDUAL ALSO AGREES AND ACKNOWLEDGES THAT ANY ARBITRATOR MUST AGREE TO THE SAME STRICT CONFIDENTIALITY. INDIVIDUAL ACKNOWLEDGES AND AGREES THAT MANAGEMENT WOULD NOT ADMIT INDIVIDUAL INTO THE STADIUM ABSENT INDIVIDUAL'S AGREEMENT TO ARBITRATE AND WAIVER OF INDIVIDUAL'S RIGHT TO A TRIAL BY JURY.
16. Miscellaneous Terms. This Agreement, and all parts hereof, are separable, severable and divisible in all respects, and the unenforceability of any specific provision of this Agreement or part hereof shall not affect the validity of any other provisions or part hereof. In the event that any provision of this Agreement or part thereof is determined by a court to be unenforceable or invalid under applicable law, including, but not limited to, a determination that any provision herein is excessively broad as to time, duration, scope, activity or subject, then such court shall either reform said provision or part thereof so that it shall be enforceable to the fullest extent permitted under applicable law or construe this Agreement in all respects as if said provision or part thereof had been omitted. The failure by Management to enforce any one or more terms of this Agreement, or any policies or regulations of Management's, shall not serve as a waiver with respect to any such terms, conditions, policies or regulations for any future cases or other Events. Nothing contained herein shall be construed to create any duty or obligation of Management to create, enforce, guarantee, or monitor any regulations, policies, procedures, or situations related to the Event.
17. Accredited Organizations. The following additional terms and conditions apply to any Accredited Organization:
17.1 Prohibited Activities. This Agreement authorizes (a) access by the Accredited Organization only, solely for news and editorial coverage purposes in accordance with the terms hereof, of descriptions, accounts, film, video or digital still images from the applicable Event, or of player or personnel interviews, press conferences or other activities related to such Event (collectively, "Event Material") taken, made, created, or compiled by the Accredited Organization, and (b) the limited use by the Accredited Organization of any NFL Entity logos or trademarks (the "Marks") in connection with the uses of the Event Material authorized herein. Any other use or attempted use by the Accredited Organization of Event Material or Marks are expressly prohibited, unless the Accredited Organization has obtained the advance written permission of Management. Such prohibited uses of Event Material include, without limitation, the following: (x) any distribution of Event Material to third parties other than ultimate consumers (e.g., newspaper readers) for such third party's use (whether before or after the conclusion of the Event, and whether or not for editorial purposes), (y) any purported authorization by an Accredited Organization of any third party to redistribute Event Material (e.g., play-by-play data feeds), and (z) any non-editorial use of Event Material or Marks, including in connection with or as part of commercial products distributed in any medium (e.g., apparel, posters, commemorative programs or other types of souvenir or other merchandise or sponsored content). Additionally, while at the Event, the Accredited Organization is prohibited from providing exposure to any third-party brand(s) (e.g., marks, logos) for commercial, marketing or publicity purposes including, for example, through exposure of third-party brands on apparel or equipment worn or used by the Individual.
17.2 Supplementation. The Accredited Organization may supplement its traditional media distribution platform (e.g., newspaper, television, radio) with other new media distribution platforms that it controls (e.g., websites, official social media accounts, applications, podcasts), provided that, with respect to such new media distribution platforms: (a) any use of film or video or digital still images is limited to a reasonable amount or number (as applicable), and used only to illustrate or support news and editorial coverage of the Event (as opposed to use in connection with or on commercial products, e.g., apparel, posters, commemorative programs, or other types of souvenir or other merchandise, or sponsored content) purposes; (b) any use of film or video or digital still images is not used to create Simulated Video (as defined below) of game action; (c) no video (as defined below) of game action is used (except that, if the Accredited Organization is a television broadcaster, Event highlights may be shown as part of a single, non-archived, online "simulcast" of any regularly scheduled television news programming the Accredited Organization may broadcast, provided it adheres to the limits on such broadcasts set forth below); and (d) use of non-game audio and video content obtained as a result of credentialed access (e.g., press conferences, training camp, practice and/or interviews at NFL venues or events): (w) must be limited to 90 seconds maximum per day (180 seconds maximum -- 90 seconds per team -- in two-team markets), (x) may not be posted or streamed "live" or in real time in any form or medium and may not be archived (i.e., made available for on-demand public access for more than 24 hours after posting), (y) may appear only in an editorial context (i.e., no sponsorship, merchandising or advertising integrated with or around the content, including digital advertising), and, and (z) must be accompanied by links back to NFL.com and to the Chief's web site.
17.3 Audio Content. This Agreement also imposes limits on the use of video and audio content from an NFL game. Game video content (including all game action and all ancillary on-field activities occurring inside the stadium on gameday) may be used only in accordance with the 2019 NFL Video Highlights License[KA1] , which is attached hereto. Game audio content ("Audio Highlights") is subject to the following limitations: (a) Audio Highlights may only be used as part of a regularly scheduled news program that regularly includes segments on news, sports and weather; or regularly scheduled sports wrap-up shows that cover all sports and do not focus disproportionately on the NFL at any time; (b) no Audio Highlights may be used from games in progress; (c) on game days, up to two minutes of Audio Highlights from any one game played that day may be used but no more than a total of six minutes of Audio Highlights from all games played that day may be used; (d) on non-game days, up to one minute of Audio Highlights from any one game played in the preceding six days may be used but no more than a total of two minutes of Audio Highlights from all games played in the preceding six days may be used; and (e) in no case may Audio Highlights be used in connection with or associated with any third party (e.g., a sponsor).
17.4 No Video of Game Content; No Streaming. This Agreement does not authorize the Accredited Organization to create or use or transmit video, or to animate, sequence, loop or otherwise manipulate film or digital still images to appear to be video ("Simulated Video") of Event content (including game action and any ancillary on-field activities), except as provided herein. Even if issued to video personnel who are Accredited Organizations, this Agreement only authorizes the Accredited Organizations to create video of non-game activities (e.g., player interviews, press conferences) for use in accordance with the terms below. The creation of video of game content from the sideline requires, and is subject to the terms of, a separate, signed Sideline Video Access Agreement. Streaming of any Event Materials while the Event is occurring—in any form, medium, or duration—is prohibited under this Agreement, except as set forth herein.
17.5 No Play-by-Play. While an Event is in progress, distribution of Event Material by an Accredited Organization must be time-delayed and/or limited in amount (e.g., score updates with detail given only in quarterly game updates, fewer than 10 photographs during the Event) and may not, under any circumstances, involve, constitute, serve as a substitute for, or otherwise approximate, a play-by-play or statistical account or depiction of an Event in any medium.
Any proposed use of Event Material that is more detailed and/or immediate than that described herein or which exceeds the limits set forth herein, and any exceptions to the prohibitions set forth herein, requires a separate license from Management.