PLEASE READ THIS AGREEMENT COMPLETELY AND CAREFULLY.  THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.  THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION (INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER).

This pass is a revocable license that only grants the holder a one-time entry to the stadium (the “Stadium”) and a spectator seat, or standing room, for any non-ticketed soccer celebration held at the Stadium (the “Event”). This pass does not guarantee entry. Admission is on a first-come, first-served basis. Management reserves the right to deny entry once maximum capacity is reached. Dates and times of the Event are subject to change or cancellation. In the event that the date and/or time of the Event is changed, the term "Event" as used herein shall mean the game played at the newly-specified date and time. No person, regardless of age, may enter the Stadium without a pass.

The holder of a pass to the Event (“Bearer”), any individual seeking entry to the Event through the use of a pass issued to or held by Bearer (including but not limited to minors and all other attendees), and all other persons acting or purporting to act on behalf of anyone gaining admission to the Event, including any individual under the age of eighteen (18) (each of the foregoing, including the Bearer, hereinafter a “Holder”), agree that: admission is contingent on Holder’s agreement to these terms and conditions (collectively, “Terms”); and by purchase, acceptance, and/or use of this pass to enter the Stadium, Holder and all others who gain entry to the Event (including parking areas or entry gates) using passes issued to, provided to, or otherwise used to gain admission for the Holder, are deemed to have read the Terms and agreed to be bound by them with the same force and effect as if Holder signed these Terms. Bearer represents and warrants that each person who enters the Stadium through passes purchased by, issued to, provided to, or held by the Bearer has authorized Bearer to act on their behalf for purposes of agreeing to these Terms. Failure to comply with any of these Terms shall result in forfeiture of this license and all rights arising hereunder and shall entitle Management to pursue all additional legal remedies available to it. Admission may be refused or withdrawn or Holder ejected at the sole discretion of the Stadium, City of Houston, Harris County, Harris County Houston Sports Authority and each of their respective affiliates (collectively, “Management”).   

Holder and Holder's belongings may be searched upon entering the Stadium, and prohibited items may be confiscated, at the sole discretion of the Management. Holder consents to such searches and waives any and all claims relating to them. If Holder does not consent to such searches, Holder will be denied entry or ejected from the Stadium. Further, Management reserves the right to refuse admission to or eject any person whose conduct, in Management’s sole discretion, violates these Terms or any applicable code of conduct implemented by Management, violates any applicable federal or state law or local order, or is otherwise disorderly. Inappropriate behavior or abusive language may result in ejection and/or other legal action.

Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) any description or account (in any form, whether text, data or visual, and including, without limitation, play-by-play data) of the Event for any commercial, non-personal, purpose. Holder agrees not to create, transmit, display, distribute, exploit or sell (or aid in such activity) any photographs, images, videos, livestreams, audio or other form of display or public performance or reproduction of any portion of the Event (the “Works”). Notwithstanding the foregoing, Holder agrees that by using this pass to enter the Stadium, Holder shall be deemed to have granted Management an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. Holder also grants irrevocable permission to Management a worldwide, irrevocable, perpetual, sublicensable, royalty-free license to use, publish, distribute, edit, modify and/or alter Holder’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, in whole or in part, for any purpose, without further authorization or compensation and waives all claims and potential claims relating to such use unless prohibited by law. Such permission extends to any individual under the age of eighteen (18) accompanying Holder into the Stadium.

HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS arising from or relating in any way to the Event, whether occurring before, during, or after the Event, including, without limitation, the risk of physical injury or death, however caused, whether by players, by other people or by objects such as balls entering the spectator area, or otherwise, and the risks of lost, stolen or damaged property. Holder hereby waives all claims and potential claims against Management related parties relating to such risks, hazards and dangers.

Holder further recognizes and acknowledges that the license provided by this pass grants Holder a one-time entry to the Event at its scheduled date and time.  In the event that the Event commences at its scheduled date and time but is delayed or postponed at any point prior to its conclusion due to inclement weather or for any other reason (hereinafter a “Suspended Match”), Holder recognizes and acknowledges that this license does not grant re-entry for any date and time scheduled for recommencement of the remainder of the Event.  Management, in its sole discretion, will be entitled to determine whether this pass will permit entry to the Suspended Match at the date and time for which it is rescheduled or at which play resumes.

Management is not responsible for, and may refuse to honor, any duplicate or duplicated, lost, stolen, destroyed or counterfeit passes. Use of this pass in violation of any law including, without limitation, the unlawful resale or unlawful attempted resale of this pass is strictly prohibited and will result in seizure, revocation and/or forfeiture of this license without compensation.  This pass is not redeemable for cash and may not be used for, or in connection with, any commercial or trade purposes including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of Management.

If any provision or part of the foregoing terms and conditions is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and conditions remain valid and binding.

DISPUTE RESOLUTION

THE FOLLOWING IS A SUMMARY OF MANDATORY TERMS.

  • ANY CURRENT OR FUTURE DISPUTE RELATING TO THE EVENT OR THE STADIUM ARISING BETWEEN HOLDER AND PERSON OR PARTY INCLUDED WITHIN THE DEFINITION OF “MANAGEMENT” SHALL BE RESOLVED IN BINDING INDIVIDUAL ARBITRATION. THIS ARBITRATION AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
  • EITHER PARTY HAS THE ABILITY TO BRING DISPUTES IN SMALL CLAIMS COURT (THIS RIGHT DOES NOT ALLOW A PARTY TO removE or appeal A DISPUTE to a court of general jurisdiction.) Any disagreement as to whether a Dispute is within the jurisdictional limits of small claims court is for a court to decide and any arbitration shall be stayed.
  • BEFORE INITIATING ANY ARBITRATION PROCEEDING, A WRITTEN "NOTICE OF DISPUTE" MUST CONTAIN THE FOLLOWING INFORMATION: (i) information sufficient to identify any transaction, activity, and account at issue; (ii) contact information OF THE CLAIMANT (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute (including the date of any transaction or activity at issue) and the relief sought, including a calculation for it. THE NOTICE MUST BE PERSONALLY SIGNED BY HOLDER (AND THEIR COUNSEL, IF REPRESENTED). IF HOLDER HAS A DISPUTE, THEY SHALL SEND A COMPLETED NOTICE OF DISPUTE BY EMAIL TO legalnotices@houstondynamo.com. THIS IS A CONDITION PRECEDENT TO ARBITRATION.  HOLDER AND MANAGEMENT AGREE TO MAKE A GOOD FAITH EFFORT TO RESOLVE ANY DISPUTE FOR AT LEAST SIXTY (60) DAYS FOLLOWING RECEIPT OF A COMPLETED NOTICE OF DISPUTE.  All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice OF DISPUTE through the conclusion of this Process.
  • IF THE PARTIES CANNOT RESOLVE A DISPUTE WITHIN SIXTY (60) DAYS FOLLOWING RECEIPT OF A COMPLETED NOTICE OF DISPUTE, IT SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. THE NAM RULES WILL GOVERN EXCEPT AS SPECIFICALLY MODIFIED. 
  • ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE EXCEPT THE FOLLOWING, WHICH ARE FOR A COURT OF COMPETENT JURISDICTION TO DECIDE: (1) ISSUES THAT ARE SPECIFICALLY RESERVED FOR A COURT AND (2) ISSUES RELATED TO THE SCOPE AND ENFORCEABILITY OF THE ARBITRATION PROVISIONS.
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
  • unless both PARTIES agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator will apply these DISPUTE RESOLUTION TERMS as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated.
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
  • THIS AGREEMENT AND ANY DISPUTES ARISING HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STATE AND FEDERAL COURTS OF harris COUNTY, texas SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTES (EXCEPT FOR DISPUTES BROUGHT IN SMALL CLAIMS COURT) THAT ARE NOT SUBJECT TO ARBITRATION OR OVER ANY ACTION INVOLVING THE APPLICABILITY OR ENFORCEABILITY OF ANY PROVISIONS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISIONS AND CLASS ACTION WAIVER) TO THE EXTENT ENFORCEABLE.

IF HOLDER DOES NOT CONSENT TO THESE DISPUTE RESOLUTION PROVISIONS, HOLDER MUST NOT ENTER THE STADIUM.

RELEASE AND WAIVER OF LIABILITY AGREEMENT

PLEASE READ THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT COMPLETELY AND CAREFULLY.  THIS AGREEMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.

IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN (18) (“MINOR”), YOU ARE AGREEING TO LET THE MINOR ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THE MINOR MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE EVENT BECAUSE THERE ARE CERTAIN INHERENT DANGERS WHICH CANNOT BE AVOIDED OR ELIMINATED; AND THAT YOU ARE GIVING UP THE MINOR’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO THE MINOR OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE EVENT.  YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THIS AGREEMENT BY NOT ENTERING THE STADIUM, AND MANAGEMENT HAS THE RIGHT TO REFUSE TO LET YOU OR THE MINOR PARTICIPATE IN THE EVENT IF YOU DO NOT AGREE TO THESE TERMS.

IN CONSIDERATION of being permitted to enter and remain at Stadium, including all surrounding parking areas, pedestrian plazas, entryways, and other ancillary areas for the Event, I, and if I am under the age of eighteen (18), my parent or legal guardian for themselves and on my behalf, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, (collectively, “Related Persons”), hereby acknowledge and agree as follows:

  1. Release, Waiver of Liability, and Covenant Not to Sue. 

(A)  on behalf of myself and each of my Related Persons, I hereby KNOWINGLY, voluntarily, irrevocably, AND FOREVER release, waive, and discharge (and covenant not to sue), each and all of the Released Parties (as defined below) 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, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH MY DEATH, PERSONAL INJURY, ILLNESS, DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, which I or any of my 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) traveling to and from, ENTRY INTO, OR presence within, the STADIUM or compliance with THE Stadium Protocols or any other policies or protocols applicable to the stadium; or (ii) ANY INTERACTION BETWEEN ME 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, in each case whether caused by any action, inaction, or negligence of any Released Party or otherwise.

(B)  For the purposes hereof, the “Released Parties” are: (i) Management and each of their respective DIRECT AND INDIRECT affiliates, MEMBERS, administrators, designees, licensees, agents, owners, officers, directors, employees, SPONSORS, INVITEES, AND contractors (AND ALL EMPLOYEES OF SUCH CONTRACTORS); (ii) concessionaires, merchandisers, other vendors, and all other contractors performing services at the stadium; (iii) other third parties present at or from time to time brought to the stadium (including, without limitation, medical personnel); and (iv) any affiliateS and related companies, officers, directors, owners, 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.

  1. Indemnification. I agree to indemnify and hold the Released Parties harmless from any liability, claims, demands, costs, expenses, and attorneys’ fees incurred by any of the Released Parties as a result of (a) my, or any person on my behalf, including the Related Persons, assertion of any claims arising from, relating to, or in connection with activities that I have acknowledged and assumed risk and/or which is covered by the waiver and release under Sections 1 and 2; and (b) all claims and amounts related to legal and other actions brought against any of the Released Parties, to the extent such claims are attributable to my negligence or willful misconduct or a violation or breach of this Agreement.
  1. Term.  This Agreement is perpetual in nature and applies to all activities and events at the Stadium for which I am present for or participate in, and all claims arising therefrom, from the date of execution.

BY CLAIMING OR ACCEPTING THIS PASS, I ACKNOWLEDGE AND AGREE THAT I HAVE CAREFULLY READ AND VOLUNTARILY ACCEPT THIS AGREEMENT. I understand its terms and conditions, and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights. I understand that my acceptance of this Agreement is a material inducement for my admission to and continued presence at the Stadium and that Released Parties are relying upon it. I further agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by the Released Parties.