May 11, 2021
Current terms, including COVID-19 Assumption of Risk; Release, Waiver and Covenant not to Sue; and Fan Health Promise, are subject to change.
Tickets to Houston Texans ("Club") games at NRG Stadium (the "Stadium") are revocable licenses that only grant a one-time entry into the Stadium and use of a spectator seat, or if specified on the ticket, a standing location, for the specified game (the "Game") with no right of re-entry. The person seeking entry pursuant to such license, and any accompanying minors ("Holder"), agrees that such license is subject to these terms ("Terms") and by purchase, acceptance and/or use of such license, Holder is deemed to have read the Terms and has 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 NFL, Club, and/or the 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 Game is canceled and not rescheduled for any reason, is a refund of up to the face value of the ticket set by Management ("Face Value"). Management's liability for any breach of the Terms shall not exceed the Face Value. IN NO EVENT SHALL MANAGEMENT BE LIABLE FOR 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 GAME SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN HOUSTON, TEXAS. HOLDER AND MANAGEMENT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS 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 Game 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 if Holder cannot attend or for any other reason. Holder may 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 Club and Stadium 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/or 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 reserves the right to deny or revoke the admission of any person who it determines, in its sole discretion, poses a risk to the health or safety of other attendees and/or whose conduct violates these Terms, any Club or Stadium policies, or is otherwise disorderly (or complicit therein) without refund.
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 Game 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 Game or related events ("Works") for any commercial or non-personal purpose; or (3) livestreams of any portion of the Game or related events ("Livestreams"). Notwithstanding the foregoing, Holder agrees that by causing his or her ticket to be scanned upon entry to the Stadium, Holder shall be deemed to have signed the ticket and granted 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, Club 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 Game for any purpose without further authorization or compensation, and waives all claims and potential claims relating to such use unless prohibited by law.
ASSUMPTION OF RISK
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to the Game and related events, including the risk of personal injury (including death), 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 Game, however caused, and hereby waives all claims and potential claims relating to such risks, hazards and dangers. NOVEL CORONAVIRUS SARS-COV-2 (TOGETHER WITH ANY VARIATION THEREOF, "COVID-19") IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CDC ADVISES THAT SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. BY ENTERING THE STADIUM AND STADIUM GROUNDS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19.
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 Club 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. No one is allowed on the field or other non-public areas of the Stadium at any time without proper credentials. Violators will be removed and may be subject to arrest and prosecution.
RELEASE, WAIVER & COVENANT NOT TO SUE
On behalf of Holder and Holder's Related Persons, Holder 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 (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Game (including all risks related thereto, including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Game; or (iii) interaction with any personnel of any of the Released Parties at the Game, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used in this section:
- "Related Persons" means Holder's heirs, assigns, executors, administrators, next of kin, anyone attending the Game with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of 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., Harris County Sports and Convention Corporation, Harris County-Houston Sports Authority, ASM Global, NFL Ventures, Inc., NFL Ventures, L.P., NFL and its other 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, 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.
FAN HEALTH PROMISE
Holder agrees, on behalf of Holder, and anyone for whom Holder obtains a ticket, that Holder and each such individual will not attend the Game if they have tested positive for COVID-19 within 14 days prior to the Game, or unless they are fully vaccinated for COVID-19 (as defined by the CDC), any of the following is true on the Game date:
- Within the prior 14 days, they have been exposed to someone who has tested positive for COVID-19, or are subject to a federal or local travel or quarantine advisory due to COVID-19;
- Within the prior 48 hours, they have experienced symptoms of COVID-19 (e.g., 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 identified by the CDC)(anyone who is fully vaccinated but experiences any of the above symptoms within 48 hours before the Game should nevertheless consult a healthcare provider and get tested for COVID-19 before attending).
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.