PLEASE READ CAREFULLY. THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT IMPACT YOUR LEGAL RIGHTS.
Tickets to Houston Texans games at NRG Stadium are revocable licenses that only grant a one-time entry into the stadium and a seat, or if specified on the ticket, a standing location, for the specified game (the "Event") with no right of re-entry. The purchaser and/or bearer of tickets to the Event, and any individual seeking entry to the Event through the use of a ticket, including minors and all other attendees accompanying any ticket bearer (on whose behalf the purchaser and/or bearer represents they are authorized to act for purposes of agreeing to these terms) (each of the foregoing hereinafter a "Holder"), agree that (i) such license is subject to these terms ("Terms"), and (ii) by purchase, acceptance and/or use of such license, each Holder is deemed to have read and understood the Terms, and agreed to be bound by them. Failure to comply with the Terms shall result in forfeiture of the license and all rights arising under it without refund and entitle the Houston Texans and/or, if applicable, the NRG Stadium (individually or collectively, "Management") to pursue all legal remedies available. Admission may be refused or revoked and Holder may be ejected in Management's sole discretion.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, stadium capacity limitations result in ticket cancellation, or the Event is canceled and not rescheduled for any reason, or for any breach of the Terms, is a refund of up to the ticket price set by Management ("Face Value"). IN NO EVENT SHALL HOLDER BE ENTITLED TO ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THE TICKET.
ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THE TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN HOUSTON, TEXAS, REGARDLESS OF WHERE HOLDER RESIDES OR FROM WHERE THE TICKET WITH WHICH HOLDER SEEKS ADMISSION WAS PURCHASED. HOLDER AND MANAGEMENT AGREE THAT 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 LITIGATE OR ARBITRATE 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.
The Event date and time (and gate opening) are subject to change at Management's sole discretion, and no such change shall entitle Holder to a refund or other remedy at law or in equity if Holder cannot attend or for any other reason. Please also be aware that there are certain games scheduled during the NFL's flexible scheduling window for which the date and time of the games may be changed from what is originally reflected on the schedule and what may appear on the ticket. For more information about NFL flexible scheduling procedures for the 2024 NFL Season, please visit **https://www.nfl.com/schedules/flexible-scheduling-procedures**. Holder may also be relocated in Management's sole discretion, and no such relocation shall entitle Holder to a refund or other remedy if Holder is relocated to a seat of comparable Face Value.
Holder must comply with all Event policies including without limitation policies addressing security and fan conduct, health and safety, and bags. Holder and Holder's belongings may be searched or assessed. Prohibited items may be confiscated and Holder's admission may be denied or revoked at Management's sole discretion. Holder consents to such searches and assessments and waives all related claims. If Holder does not consent, Holder acknowledges Management has the right to deny or revoke Holder's admission without refund. Management and the NFL each reserve the right to deny or revoke the admission of, and to ban from future NFL games and events, any person who it determines, in its sole discretion, poses a risk to the health, safety, or enjoyment of other attendees or whose conduct violates these Terms, any Event policies, or is otherwise disorderly (or complicit therein) without refund.
Unauthorized entry into the field of play or other restricted areas, interfering with the progress of any game or event, attempting any physical contact with an event participant, and/or any other disorderly conduct deemed dangerous, inappropriate, or in violation of the stadium code of conduct or any other relevant security policies is strictly prohibited. Violators will be removed from the stadium and subject to arrest and prosecution, forfeiture of ticket privileges, and other penalties including up to a lifetime ban. Violators may also be subject to civil penalties and/or fines, as well as financial liability for any damages, costs or injuries incurred as a result of such unauthorized entry or interference. Such conduct constitutes a serious breach of the Houston Texans safety and security protocols, and violators assume any and all risks associated therewith, including the risk of personal injury (including death), and the risk of loss or damage to personal property.
Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) (1) in any form, any description or account (whether text, data or visual, and including, without limitation, play-by-play data) of the Event or related events (collectively, "Descriptive Data") for any commercial or non-personal, purpose; (2) any images, videos, audio or other form of display or public performance or reproduction of any portion of the Event or related events ("Works") for any commercial or non-personal purpose; or (3) livestreams of any portion of the Event or related events ("Livestreams"). Notwithstanding the foregoing, Holder agrees that by causing their ticket to be scanned upon entry to the Event, Holder shall be deemed to have signed the ticket and granted the NFL an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Works, Livestreams, and Descriptive Data. Holder grants irrevocable permission to NFL, the Houston Texans, and their respective sponsors, licensees, advertisers, broadcasters, designees, partners and agents to use, publish, distribute and/or modify Holder's image, likeness, voice, actions and statements in any medium including, without limitation, audio, video, or images 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.
Any collection, use, and/or disclosure of Holder data in connection with Holder's use of the ticket license, attendance at the Event, or use of the websites, mobile applications, and other online or offline services of the NFL or the Houston Texans, including without limitation use of the stadium Wi-Fi network, (the "Services"), are subject to the Houston Texans Privacy Policy located at https://www.houstontexans.com/news/website-privacy-policy, which provides greater detail on how Holder personal information may be used and how to exercise any rights Holder might have under applicable law. By using the Services, Holder acknowledges that they have read and understood the terms of the Houston Texans' Privacy Policy.
HOLDER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to the Event and related events, including the risk of personal injury (including death), exposure to communicable diseases, viruses, bacteria or illnesses (including, e.g., COVID-19), or the causes thereof, or lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused, and hereby waives all claims and potential claims relating to such risks, hazards and dangers.
RELEASE, WAIVER & COVENANT NOT TO SUE. On behalf of Holder and Holder's Related Persons, Holder knowingly and voluntarily 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 or any of Holder's Related Persons' entry into, or presence within or around, the Event (including without limitation in parking areas or entry gates, or associated with locations near the field of play), in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. HOLDER UNDERSTANDS THAT THEY ARE RELEASING AND WAIVING CERTAIN POTENTIAL RIGHTS HELD BY HOLDER AND HOLDER'S RELATED PERSONS.
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 agreeing to the Terms, including the release herein), and other persons acting or purporting to act on Holder's or their behalf.
- "Released Parties" means: (i) Houston NFL Holdings, L.P. d/b/a Houston Texans, ASM/SMG, NRG Park, NFL Ventures, Inc., NFL Ventures, L.P., NFL 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 NRG Stadium and related stadium grounds (including, without limitation, parking areas and entry gates) ("Stadium"); (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.
Management is not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor them. Tickets may not be used for, or in connection with, any form of commercial purposes including, without limitation, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming, without the express written consent of the Houston Texans and NFL. Use of tickets in violation of law is strictly prohibited and will result in seizure, revocation and/or forfeiture of the license without refund.
Severability Clause
If any provision of this revocable license is determined to be invalid, illegal, or unenforceable, it shall be deemed severed and not affect the enforceability of any other provisions, which shall be enforced as if the revocable license did not contain the invalid, illegal, or unenforceable provision.
