Common use of MANDATORY ARBITRATION AGREEMENT Clause in Contracts

MANDATORY ARBITRATION AGREEMENT. CLASS ACTION WAIVER (“ARBITRATION The MLB Entities care deeply about maintaining good relationships with fans. If you or any of your Accompanying Parties have a problem with this ticket or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement. Unless prohibited by federal law, Holder and the MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s or any Accompanying Parties’ use of this ticket, Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of illness (including COVID-19 or other Communicable Disease), bodily injury or property damage arising out of Holder’s and/or any Accompanying Parties’ attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. In any Arbitration Claim to be resolved by arbitration, neither Xxxxxx nor the MLB Entities will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the MLB Entities each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. Information about arbitration, arbitration procedures and fees may be obtained from JAMS by calling 000-000-0000 or visiting xxx.xxxxxxx.xxx. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the city where the Ballpark is located. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the MLB Entities alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Parties, Related Parties and/or Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. The MLB Entities will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the MLB Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Xxxxxx and the MLB Entities each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this Arbitration Agreement, you must notify us by mailing a written opt-out notice, postmarked within thirty (30) days after the date of the Event. You must send your request to: Major League Baseball, Attn: Legal Department, Re: Ticket Arbitration, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx York, NY 10020. The request must include your full name, address and the statement “I reject the Arbitration Agreement contained in my Event Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration. Prior to bringing a claim under this Arbitration Agreement, the claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the MLB Entities shall be sent by mail to Major League Baseball, Attn: Legal Department, Re: Ticket Claim Notice, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000. Any Claim Notice must (a) identify the claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the claimant, and not on behalf of any other party. The claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief. IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, XXXXXX IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE BALLPARK. NOTICE

Appears in 2 contracts

Samples: mktg.mlbstatic.com, mktg.mlbstatic.com

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MANDATORY ARBITRATION AGREEMENT. RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION WAIVER PURSUANT TO THE FOLLOWING TERMS. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION The MLB Entities care deeply about maintaining good relationships with fans. If you or any of your Accompanying Parties have a problem with this ticket or the EventFORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement. Unless prohibited by federal law, Holder and the MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s or any Accompanying Parties’ use of this ticket, Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of illness (including COVID-19 or other Communicable Disease), bodily injury or property damage arising out of Holder’s and/or any Accompanying Parties’ attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATIONAND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. In any Arbitration Claim is to be resolved by arbitrationbroadly interpreted and applies to all claims based in contract, neither Xxxxxx nor the MLB Entities will be able to have a court tort, statute, or jury trial or participate in a class action or class arbitration. Other rights that Holder and the MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the MLB Entities each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. Information about arbitration, arbitration procedures and fees may be obtained from JAMS by calling 000-000-0000 or visiting xxx.xxxxxxx.xxx. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization legal theory; all claims that arose prior to or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 after termination of the FAARental Agreement; all claims Renter may bring against Owner’s employees, agents, affiliates or representatives; and all claims that Owner may bring against Renter. The arbitration shall take place in However, the city where the Ballpark is located. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the MLB Entities alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Parties, Related Parties and/or Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. The MLB Entities will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the MLB Entities either party may seek relief bring an individual action in a small claims court for Arbitration Claims within its with valid jurisdiction. In addition, Xxxxxx and The parties also agree that claims involving a third party insurance company ostensibly providing coverage to Renter or any AAD or the MLB Entities each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision application of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (Owner’s financial responsibility relating to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to use or operation of Vehicle may be bound by this Arbitration Agreement, you must notify us by mailing brought in a written opt-out notice, postmarked within thirty (30) days after the date of the Event. You must send your request to: Major League Baseball, Attn: Legal Department, Re: Ticket Arbitration, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx York, NY 10020. The request must include your full name, address and the statement “I reject the Arbitration Agreement contained in my Event Ticketcourt with valid jurisdiction.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration. Prior to bringing a claim under this Arbitration Agreement, the claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the MLB Entities shall be sent by mail to Major League Baseball, Attn: Legal Department, Re: Ticket Claim Notice, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000. Any Claim Notice must (a) identify the claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the claimant, and not on behalf of any other party. The claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief. IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, XXXXXX IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE BALLPARK. NOTICE

Appears in 2 contracts

Samples: Rental Agreement Jacket, Rental Agreement Jacket Terms and Conditions

MANDATORY ARBITRATION AGREEMENT. RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION WAIVER PURSUANT TO THE FOLLOWING TERMS. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS­WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION The MLB Entities care deeply about maintaining good relationships with fans. If you or any of your Accompanying Parties have a problem with this ticket or the EventFORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS­WIDE OR COLLECTIVE BASIS, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement. Unless prohibited by federal law, Holder and the MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s or any Accompanying Parties’ use of this ticket, Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of illness (including COVID-19 or other Communicable Disease), bodily injury or property damage arising out of Holder’s and/or any Accompanying Parties’ attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATIONAND THAT NO RULES FOR CLASS­WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. In any Arbitration Claim is to be resolved by arbitrationbroadly interpreted and applies to all claims based in contract, neither Xxxxxx nor the MLB Entities will be able to have a court tort, statute, or jury trial or participate in a class action or class arbitration. Other rights that Holder and the MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the MLB Entities each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. Information about arbitration, arbitration procedures and fees may be obtained from JAMS by calling 000-000-0000 or visiting xxx.xxxxxxx.xxx. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization legal theory; all claims that arose prior to or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 after termination of the FAARental Agreement; all claims Renter may bring against Owner’s employees, agents, affiliates or representatives; and all claims that Owner may bring against Renter. The arbitration shall take place in However, the city where the Ballpark is located. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the MLB Entities alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Parties, Related Parties and/or Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. The MLB Entities will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the MLB Entities either party may seek relief bring an individual action in a small claims court for Arbitration Claims within its with valid jurisdiction. In addition, Xxxxxx and The parties also agree that claims involving a third party insurance company ostensibly providing coverage to Renter or any ADD or the MLB Entities each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision [application] of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (Owner’s financial responsibility relating to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to use or operation of Vehicle may be bound by this Arbitration Agreement, you must notify us by mailing brought in a written opt-out notice, postmarked within thirty (30) days after the date of the Event. You must send your request to: Major League Baseball, Attn: Legal Department, Re: Ticket Arbitration, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx York, NY 10020. The request must include your full name, address and the statement “I reject the Arbitration Agreement contained in my Event Ticketcourt with valid jurisdiction.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration. Prior to bringing a claim under this Arbitration Agreement, the claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the MLB Entities shall be sent by mail to Major League Baseball, Attn: Legal Department, Re: Ticket Claim Notice, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000. Any Claim Notice must (a) identify the claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the claimant, and not on behalf of any other party. The claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief. IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, XXXXXX IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE BALLPARK. NOTICE

Appears in 1 contract

Samples: Alamo Rental Agreement

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MANDATORY ARBITRATION AGREEMENT. CLASS ACTION WAIVER (“ARBITRATION The MLB Entities care deeply about maintaining good relationships with fans. If you or any of your Accompanying Parties have a problem with this ticket or the Event, a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement. Unless prohibited by federal law, Holder Xxxxxx and the MLB Entities agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s or any Accompanying Parties’ use of this ticket, Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of illness (including COVID-19 or other Communicable Disease), bodily injury or property damage arising out of Holder’s and/or any Accompanying Parties’ attendance at and/or participation in the Event (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. In any Arbitration Claim to be resolved by arbitration, neither Xxxxxx nor the MLB Entities will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the MLB Entities would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the MLB Entities each understand and agree that by requiring each other to resolve all disputes through individual arbitration, EACH IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. Arbitrations shall be administered by JAMS in accordance with its then-existing comprehensive arbitration rules and procedures. Information about arbitration, arbitration procedures and fees may be obtained from JAMS by calling 000-000-0000 or visiting xxx.xxxxxxx.xxx. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the city where the Ballpark is located. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder and the MLB Entities alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Parties, Related Parties and/or Released Parties. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict. The MLB Entities will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the MLB Entities may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Xxxxxx and the MLB Entities each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this Arbitration Agreement, you must notify us by mailing a written opt-out notice, postmarked within thirty (30) days after the date of the Event. You must send your request to: Major League Baseball, Attn: Legal Department, Re: Ticket Arbitration, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx YorkXxxx, NY 10020XX 00000. The request must include your full name, address and the statement “I reject the Arbitration Agreement contained in my Event Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration. Prior to bringing a claim under this Arbitration Agreement, the claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to one or more of the MLB Entities shall be sent by mail to Major League Baseball, Attn: Legal Department, Re: Ticket Claim Notice, 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000. Any Claim Notice must (a) identify the claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the claimant, and not on behalf of any other party. The claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief. IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, XXXXXX IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE BALLPARK. NOTICE

Appears in 1 contract

Samples: mktg.mlbstatic.com

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