2022 Portland Timbers & Thorns FC Terms and Conditions

COVID-19 Warning

You must follow all stadium policies, including health and safety policies and posted instructions, while at Providence Park. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and those with underlying medical conditions are especially vulnerable. By entering Providence Park, you voluntarily assume all risks related to exposure to COVID-19.

Our policies have changed. Read these terms and conditions carefully.

Terms and Conditions

The following terms and conditions apply to all Portland Timbers Annual Memberships. The breach of these terms and conditions may result in the termination of your Annual Membership. You are responsible for the behavior of anyone to whom you provide tickets provided for under this agreement.

1. Annual Membership. Upon the purchase of an Annual Membership, you are granted a revocable license which may be withdrawn at any time, as determined by us in our sole discretion. The rights and privileges associated with an Annual Membership account belong only to the account holder of record, as entered in the Portland Timbers’ Annual Membership account records. Our acceptance of payment for an Annual Membership from any individual or entity who is not the account holder of record for the Annual Membership does not grant any rights or privileges to that individual or entity. Any disputes regarding the identity of the holder of the account will be determined by us in our sole discretion. All payments or deposits made in connection with an Annual Membership are non-refundable. Purchase or renewal of an Annual Membership does not guarantee rights to future purchase opportunities, nor does it include any rights with regard to any specific seat location for any future season.

2. Providence Park Code of Conduct.

a. All people at Providence Park or on Providence Park property must observe the MLS Fan Code of Conduct (www.mlssoccer.com/fan-code-of-conduct), the Providence Park Guest Guide (www.timbers.com/providencepark/guest-guide-faq), and public health guidelines; wear shoes, shirt, and pants (skirt, shorts, etc.); observe basic hygiene and cleanliness necessary to comply with commonly acceptable social standards; and obey any reasonable direction of Providence Park staff and their authorized contractors.

In addition, they must not:

• violate any law.

• enter or remain in or upon Providence Park property for unlawful purposes.

• interfere with the free passage of event participants in public areas by deliberately obstructing or blocking aisles, walkways, or other areas commonly used for public access or egress.

• take, deface, degrade, damage, or destroy any real or personal property, including but not limited to, depositing trash, spitting, painting, cutting, urinating, or defecating upon any personal or real property that does not belong to them.

• enter or attempt to enter any portion of Providence Park that is not intended for public enjoyment and access, including but not limited to any offices, storage units, concession stands, locker rooms or other back of house areas, without proper credentials.

• engage in conduct that disrupts or interferes with the normal operations of Providence Park, or its participants, vendors, artists, or athletes. Disruptive behavior is conduct that causes other event patrons, participants, vendors, artists, or athletes unreasonable annoyance or alarm and includes but is not limited to, conduct that involves the use of abusive, threatening, vulgar language or gestures.

• use materials, equipment, furniture, fixtures, or other types of personal property belonging to Providence Park or its participants or vendors, in a manner inconsistent with the customary use thereof; in a destructive, abusive, or potentially damaging manner; or in a manner likely to cause personal injury to you or others.

• possess alcohol that is not purchased at the Event through Providence Park concessions.

• be under the influence of any controlled substance.

• use or operate bicycles, skateboards, in-line skates, rollerblades, or other human powered form of accelerated propulsion unless expressly allowed by us for operational services. This rule does not apply to wheelchair-type devices that are designed to assist disabled persons.

• solicit, sell, and/or disseminate information without our authorization.

• post, place, or distribute handbills, flyers, or posters of any kind without our authorization, except on the designated poles on Providence Park plazas.

• possess or use a sound enhancement device without our authorization.

• live or camp at Providence Park or on its property, including but not limited to sleeping, bathing, or food preparation, without our authorization.

• possess any weapon or any similar instrument that can be used to inflict injury upon a person or damage to property, except to the extent permitted by Oregon law.

• engage in sexual conduct as defined by ORS 167.060(10), including but not limited to, sexual stimulation or gratification.

• smoke in Providence Park, which includes electronic smoking devices.

• sell items, food or otherwise, without our authorization.

• use ticket(s) for advertising, promotion, or other commercial purposes, including, without limitation, contests, sweepstakes, and giveaways, without our authorization.

b. We reserve the right to immediately expel and/or exclude any user, visitor, or employee who violates the MLS Fan Code of Conduct, the Providence Park Guest Guide, public health guidelines, or the above Code of Conduct for any number of matches or events (“Event”) or a multi-year ban up to and including a lifetime ban. Violators may further be required to complete a Fan Conduct Class before they are allowed to re-enter Providence Park. You are responsible for the conduct of all people using tickets provided under this agreement. You agree to follow the MLS Fan Code of Conduct, the Providence Park Guest Guide, public health guidelines, the COVID-19 Health Promise (set forth below), and the Code of Conduct and to abide by any punishments deemed necessary in response to any violation.

3. Ticketing Policies.

a. Duration. The 2022 Annual Membership begins the date you sign these terms and conditions and ends December 31, 2022.

b. Tickets. The Portland Timbers Annual Membership includes tickets to the following “full capacity” matches played at Providence Park:

• All Portland Timbers MLS regular season matches

• All Portland Timbers ticketed preseason matches

• All Portland Timbers US Open Cup matches through the semifinals

• All Portland Timbers CONCACAF Champions League matches through the quarterfinals

A “full capacity match” is a match at which we are permitted by law, public health guidelines, and MLS rule to sell or otherwise distribute tickets for 100% fan capacity at Providence Park (even if we elect not to sell or distribute 100% fan capacity). The number of Portland Timbers regular season full capacity matches to be played at Providence Park has not been determined and may vary from past and future seasons. Whether -- and if so, how many -- full capacity ticketed regular season matches, preseason matches, US Open Cup matches, or CONCACAF Champions League matches will be played at Providence Park in 2022 has not been determined. As a result, tickets available on your account may change over time as full capacity matches are added or removed from the schedule.

We will provide all tickets electronically through our online ticketing provider, which may require you to register for an account with our online ticketing provider and be subject to their terms and conditions. We will not print tickets.

c. Opportunity to Purchase Tickets. We may provide you the opportunity to purchase tickets to less than full capacity Portland Timbers matches played at Providence Park and other special events before those tickets are available to the general public. If you purchase tickets to those matches or special events, you may apply funds used to purchase your 2022 Annual Membership to the purchase of those tickets. However, the purchase price for those tickets less any abatement will be charged to your account promptly after we determine the amount of any abatement.

d. Playoffs. Home MLS Playoff matches are an additional cost above your Annual Membership fee. Portland Timbers home MLS Playoff matches (but not the MLS Cup Final) will be charged to your account unless you opt-out during the opt-out window. We will send notice of the opt-out window to the email address associated with your account. If you pay for a home MLS playoff match that we don’t qualify for or that we don’t play at Providence Park at full capacity, we will not issue you a playoff ticket and will apply your payment (in order of priority): (i) set off against amounts you owe us, (ii) any remaining amounts applied to amounts owing for the purchase of tickets pursuant to paragraph 3(c) (Opportunity to Purchase Tickets), and (iii) any remaining amounts applied to the payment on your Annual Membership fee for the next MLS season. Playoff credits are non-transferable and may not be redeemed for cash.

e. Payment Plan Default. If you sign up for a payment plan (2-Pay Plan or Monthly) and you default on a payment, the following policies will apply:

• First Offense – You have 10 days to make your account current

• Second Offense – You have 5 days to make your account current and are disqualified from future participation in payment plans

• Third Offense – Account must be paid in full within 3 days

If payment deadlines are not met, Annual Memberships will be revoked immediately.

f. Sit/Stand Rules in Sections. The majority opinion in each section governs whether the section is a seated or standing section. The following are sections that traditionally stand: Timbers Army/General Admission, 109-116, 202-203, 209-211, SD1-SD6, 93 and 99. The following are traditionally seated sections: 92, 94-98, C1-C5, 117-123and 215-221, East Vista, Toyota Terrace, and Tanner Ridge.

g. Ticket Fraud. When using digital tickets a screenshot of a barcode or a printed picture of a bar code are not valid tickets for admittance to Providence Park. These instances can create ticket fraud as both the bar code on the picture and the digital bar code are live. There have been a growing number of cases involving tickets being presented at the gate that are not valid digital tickets. Some are innocent mistakes. Unfortunately, some are cases of fraud. If our Ticket Department determines that fraud has taken place the following remedies will take place:

• First Offense – $25 fee

• Second Offense – $100 fee

• Third Offense – Revocation of Annual Membership and ban from any future ticket purchases

h. In-Season Fees. Account Transfer (during account transfer window) – $100/membership. We will send notice of the transfer window to the email address associated with your account.

4. “Lost” Matches; Rescheduled Matches; Seating Changes. Dates and times of matches are subject to change or cancellation. If the Portland Timbers do not play a scheduled MLS regular season home match at Providence Park or if a scheduled Portland Timbers MLS regular season home match is not a full capacity match, we will provide you an abatement. We will not provide an abatement or refund for any cancelled or re-located ticketed pre-season matches, U.S. Open Cup home matches, or CONCACAF Champions League home matches, irrespective of whether those tickets are played at full capacity or not. We will determine the abatement amount at the end of the MLS regular season. Your abatement will be equal to the price of your 2022 Annual Membership less the fair value of the Portland Timbers full capacity matches played at Providence Park in 2022. The fair value of the full capacity matches will be determined by us in our sole discretion. The abatement will be (in order of priority): (i) set off against amounts you owe us, (ii) any remaining amounts applied to amounts owing for the purchase of tickets pursuant to paragraph 3(c) (Opportunity to Purchase Tickets), and (iii) any remaining amounts applied to the payment on your Annual Membership fee for the next MLS season. Abatements are non-transferable and may not be redeemed for cash. Abatement and the playoff credit described in paragraph 3(c) are your sole and exclusive remedy for “lost” matches, and supersedes any refund or credit terms and conditions that may be included on electronic tickets and ticket backs to printed tickets. We will not issue refunds for “lost” matches. If a full capacity match is postponed or rescheduled, your valid, unused, issued ticket for the match will be honored for the new match date, time, location, and/or opponent if a full capacity match; postponed or rescheduled matches do not entitle the account holder to an abatement or playoff credit. If your seat is temporarily or permanently removed or relocated, we will make a reasonable attempt to relocate your seat to a comparable seat, in the same ticket price code, where available, which may not be in the same section, row or part of the stadium.

5. Force Majeure; COVID-19 Event. If any matches at Providence Park are not played or are not full capacity matches due to a COVID-19 Event or circumstances beyond our reasonable control, including, without limitation, acts of God, interference, orders or regulations by civil or military authorities, public health guidelines, pandemics, acts of public enemy, terrorist threats, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, lock-outs, work stoppage, or other labor disputes, you will remain obligated to make all Annual Membership payments and you may be entitled to the playoff credit described in paragraph 3(c) or the abatement described in paragraph 4. “COVID-19 Event” means any outbreak or transmission of, or exposure to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”), any related governmental or judicial actions taken in connection with, or as a response to, COVID-19 (including without limitation quarantines or governmental or judicial orders to stay at home or shelter in place), any other public health, social or economic consequences of COVID-19, and/or any acts taken by Management (defined in paragraph 9) to protect the health and safety of players, performers, and/or staff in response to COVID-19 (including, without limitation, cancellation or postponement of a match).

6. Assumption of Risk / Waiver of Liability. You, and anyone to whom you provide tickets provided for under this agreement, voluntarily assume all risk and danger arising from or relating in any way to the Event, whether occurring before, during, or after the Event, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus or other pathogen capable of causing a communicable disease or illness, and notwithstanding any health and safety protocols implemented at the Event), 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. You hereby waive all claims and potential claims relating to such risks, hazards, and dangers.

7. Publicity. You agree 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 any Event for any commercial, non-personal, purpose. You agree 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, you are deemed to have granted MLS , Peregrine Sports LLC (“StadCo”), and Peregrine TeamCo LLC (“TeamCo”) an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. You grant to StadCo, TeamCo,, each participating Major League Soccer (the “MLS”) club, MLS, and each of their respective affiliates, sponsors, licensees, advertisers, broadcasters, designees and agents, an irrevocable, perpetual right and license to use, publish, edit, and alter your image, likeness, voice, actions, and statements in any medium or medium, including, without limitation, any audio, video, film, photographs, social media, exhibition, publication or reproduction of any Event for any purpose without further authorization or compensation and waive all claims and potential claims relating to such use unless prohibited by law.

8. COVID-19 Health Promise. To help mitigate the risk of transmission of COVID-19 (defined in paragraph 5) and other contagious illnesses, you agree to the following:

(a) Stay-at-home: You agrees that neither you, nor anyone in your party, will attend any Event if any one or more of the following is true on the day of the Event:

· Within the 14 days before the Event, you have (or any person in your party or with whom you have had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;

· Within the 48 hours before the Event, you have (or any person in your party or with whom you have close contact has) experienced symptoms of COVID-19 (e.g., a 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 associated with COVID-19 identified by the Centers for Disease Control and Prevention or Health Canada, as applicable);

· Within the 14 days before the Event, you have (or any person in your party or with whom you have had close contact has) traveled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.

(b)* Ticket Block/Pod Integrity*: If social distancing guidelines are in place at Providence Park, you agree that you will use your best efforts to not sell, transfer (if available), or otherwise provide any of your tickets to anyone other than family with whom you have been sheltering (or other trusted acquaintances), unless you are selling, transferring (if available), or otherwise providing all of your tickets (i.e., your full block/pod of tickets) to one party.

9. Entire Agreement. These terms and conditions and the MLS Fan Code of Conduct, the Providence Park Guest Guide, any spectator/fan waivers, and any terms and conditions of electronic tickets and ticket backs to printed tickets contain all agreements of the parties with respect to the subject matter hereof. The forgoing agreements are to be read and construed in harmony with each other, but if there are ambiguities or discrepancies within or between them, those ambiguities and discrepancies will be interpreted, if possible, in a matter that gives effect to each part and avoids or minimizes conflicts among them. However, the abatement and playoff credit terms set forth in this agreement supersede any conflicting term in any of the foregoing agreements. These terms and conditions are governed by and construed under the laws of the State of Oregon, USA, excluding its conflicts of laws principles. IN NO EVENT IS PROVIDENCE PARK, MLS, NATIONAL WOMEN’S SOCCER LEAGUE, LLC (“NWSL”), STADCO, TEAMCO, AND EACH OF THEIR AFFILIATES (together, “Management”), THE PROMOTERS OF ANY EVENTS AND THEIR AFFILIATES OR ANY PERFORMER ORPLAYER LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS TICKET MUST BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. YOU AND MANAGEMENT EACH AGREE THAT ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS IN MULTNOMAH COUNTY, OREGON AND EACH PARTY WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF YOU DO NOT CONSENT TO THIS CLAUSE, YOU MUST LEAVE OR NOT ENTER PROVIDENCE PARK. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

2021 Portland Thorns FC Terms and Conditions

COVID-19 Warning

You must follow all stadium policies, including health and safety policies and posted instructions, while at Providence Park. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and those with underlying medical conditions are especially vulnerable. By entering Providence Park, you voluntarily assume all risks related to exposure to COVID-19.

Our policies have changed. Read these terms and conditions carefully.

Terms and Conditions

The following terms and conditions apply to all Portland Thorns Annual Memberships. The breach of these terms and conditions may result in the termination of your Annual Membership. You are responsible for the behavior of anyone to whom you provide tickets provided for under this agreement.

1. Annual Membership. Upon the purchase of an Annual Membership, you are granted a revocable license which may be withdrawn at any time, as determined by us in our sole discretion. The rights and privileges associated with an Annual Membership account belong only to the account holder of record, as entered in the Portland Thorns’ Annual Membership account records. Our acceptance of payment for an Annual Membership from any individual or entity who is not the account holder of record for the Annual Membership does not grant any rights or privileges to that individual or entity. Any disputes regarding the identity of the holder of the account will be determined by us in our sole discretion. All payments or deposits made in connection with an Annual Membership are non-refundable. Purchase or renewal of an Annual Membership does not guarantee rights to future purchase opportunities, nor does it include any rights with regard to any specific seat location for any future season.

2. Providence Park Code of Conduct.

a. All people at Providence Park or on Providence Park property must observe the Providence Park Guest Guide (www.timbers.com/providencepark/guest-guide-faq), observe public health guidelines, wear shoes, shirt, and pants (skirt, shorts, etc.), observe basic hygiene and cleanliness necessary to comply with commonly acceptable social standards, and obey any reasonable direction of Providence Park staff and their authorized contractors.

In addition, they must not:

•  violate any law.

•  enter or remain in or upon Providence Park property for unlawful purposes.

•  interfere with the free passage of event participants in public areas by deliberately obstructing or blocking aisles, walkways, or other areas commonly used for public access or egress.

•  take, deface, degrade, damage, or destroy any real or personal property, including but not limited to, depositing trash, spitting, painting, cutting, urinating, or defecating upon any personal or real property that does not belong to them.

•  enter or attempt to enter any portion of Providence Park that is not intended for public enjoyment and access, including but not limited to any offices, storage units, concession stands, locker rooms or other back of house areas, without proper credentials.

•  engage in conduct that disrupts or interferes with the normal operations of Providence Park, or its participants, vendors, artists, or athletes. Disruptive behavior is conduct that causes other event patrons, participants, vendors, artists, or athletes unreasonable annoyance or alarm and includes but is not limited to, conduct that involves the use of abusive, threatening, vulgar language or gestures.

•  use materials, equipment, furniture, fixtures, or other types of personal property belonging to Providence Park or its participants or vendors, in a manner inconsistent with the customary use thereof; in a destructive, abusive, or potentially damaging manner; or in a manner likely to cause personal injury to you or others.

•  possess alcohol that is not purchased at the Event through Providence Park concessions.

•  be under the influence of any controlled substance.

•  use or operate bicycles, skateboards, in-line skates, rollerblades, or other human powered form of accelerated propulsion unless expressly allowed by us for operational services. This rule does not apply to wheelchair-type devices that are designed to assist disabled persons.

•  solicit, sell, and/or disseminate information without our authorization.

•  post, place, or distribute handbills, flyers, or posters of any kind without our authorization, except on the designated poles on Providence Park plazas.

•  possess or use a sound enhancement device without our authorization.

•  live or camp at Providence Park or on its property, including but not limited to sleeping, bathing, or food preparation, without our authorization.

•  possess any weapon or any similar instrument that can be used to inflict injury upon a person or damage to property, except to the extent permitted by Oregon law.

•  engage in sexual conduct as defined by ORS 167.060(10), including but not limited to, sexual stimulation or gratification.

•  smoke in Providence Park, which includes electronic smoking devices.

•  sell items, food or otherwise, without our authorization.

•  use ticket(s) for advertising, promotion, or other commercial purposes, including, without limitation, contests, sweepstakes, and giveaways, without our authorization.

b. We reserve the right to immediately expel and/or exclude any user, visitor, or employee who violates the Providence Park Guest Guide, public health guidelines, or the above Code of Conduct for any number of matches or events (“Event”) or a multi-year ban up to and including a lifetime ban. Violators may further be required to complete a Fan Conduct Class before they are allowed to re-enter Providence Park. You are responsible for the conduct of all people using tickets provided under this agreement. You agree to follow the Providence Park Guest Guide, public health guidelines, the COVID-19 Health Promise (set forth below), and the Code of Conduct and to abide by any punishments deemed necessary in response to any violation.

3. Ticketing Policies.

a.     Duration. The 2022 Annual Membership begins the date you sign these terms and conditions and ends December 31, 2022.

b.     Tickets. The Portland Thorns Annual Membership includes tickets to the following “full capacity” matches played at Providence Park:

•       All Portland Thorns NWSL regular season matches

•       All Portland Thorns ticketed preseason matches

A “full capacity match” is a match at which we are permitted by law, public health guidelines, and NWSL rule to sell or otherwise distribute tickets for 100% fan capacity at Providence Park (even if we elect not to sell or distribute 100% fan capacity). The number of Portland Thorns regular season full capacity matches to be played at Providence Park has not been determined and may vary from past and future seasons. Whether -- and if so, how many -- full capacity ticketed regular season matches and preseason matches will be played at Providence Park in 2022 has not been determined. As a result, tickets available on your account may change over time as full capacity matches are added or removed from the schedule.

We will provide all tickets electronically through our online ticketing provider, which may require you to register for an account with our online ticketing provider and be subject to their terms and conditions. We will not print tickets.

c.     Opportunity to Purchase Tickets. We may provide you the opportunity to purchase tickets to less than full capacity Portland Thorns matches played at Providence Park and other special events before those tickets are available to the general public. If you purchase tickets to those matches or special events, you may apply funds used to purchase your 2022 Annual Membership to the purchase of those tickets. However, the purchase price for those tickets less any abatement will be charged to your account promptly after we determine the amount of any abatement.

d.     Playoffs. Home NWSL Playoff matches are an additional cost above your Annual Membership fee. Portland Thorns home NWSL Playoff matches (but not the NWSL Final) will be charged to your account unless you opt-out during the opt-out window. We will send notice of the opt-out window to the email address associated with your account. . If you pay for a home NWSL playoff match that we don’t qualify for or that we don’t play at Providence Park at full capacity, we will not issue you a playoff ticket and will apply your payment (in order of priority): (i) set off against amounts you owe us, (ii) any remaining amounts applied to amounts owing for the purchase of tickets pursuant to paragraph 3(c) (Opportunity to Purchase Tickets), and (iii) any remaining amounts applied to the payment on your Annual Membership fee for the next NWSL season. Playoff credits are non-transferable and may not be redeemed for cash.

e.     Payment Plan Default. If you sign up for a payment plan (2-Pay Plan or Monthly) and you default on a payment, the following policies will apply:

• First Offense – You have 10 days to make your account current

• Second Offense – You have 5 days to make your account current and are disqualified from future participation in payment plans

• Third Offense – Account must be paid in full within 3 days

If payment deadlines are not met, Annual Memberships will be revoked immediately.

f.      Sit/Stand Rules in Sections. The majority opinion in each section governs whether the section is a seated or standing section. The following are sections that traditionally stand: General Admission and 202-203. The following are traditionally seated sections: 92-99, 109-123, 209-211, 215-221, SD1-SD6, C1-C5, East Vista, Toyota Terrace, and Tanner Ridge.

g.     Ticket Fraud. When using digital tickets a screenshot of a barcode or a printed picture of a bar code are not valid tickets for admittance to Providence Park. These instances can create ticket fraud as both the bar code on the picture and the digital bar code are live.  There have been a growing number of cases involving tickets being presented at the gate that are not valid digital tickets. Some are innocent mistakes. Unfortunately, some are cases of fraud. If our Ticket Department determines that fraud has taken place the following remedies will take place:

• First Offense – $25 fee

• Second Offense – $100 fee

• Third Offense – Revocation of Annual Membership and ban from any future ticket purchases

h.     In-Season Fees. Account Transfer (during account transfer window) – $100/membership. We will send notice of the transfer window to the email address associated with your account.

4. “Lost” Matches; Rescheduled Matches; Seating Changes. Dates and times of matches are subject to change or cancellation. If the Portland Thorns do not play a scheduled NWSL regular season home match at Providence Park or if a scheduled Portland Thorns NWSL regular season home match is not a full capacity match, we will provide you an abatement. We will not provide an abatement or refund for any cancelled or re-located ticketed pre-season matches, irrespective of whether those tickets are played at full capacity or not. We will determine the abatement amount at the end of the NWSL regular season. Your abatement will be equal to the price of your 2022 Annual Membership less the fair value of the Portland Thorns full capacity matches played at Providence Park in 2022. The fair value of the full capacity matches will be determined by us in our sole discretion. The abatement will be (in order of priority): (i) set off against amounts you owe us, (ii) any remaining amounts applied to amounts owing for the purchase of tickets pursuant to paragraph 3(c) (Opportunity to Purchase Tickets), and (iii) any remaining amounts applied to the payment on your Annual Membership fee for the next NWSL season. Abatements are non-transferable and may not be redeemed for cash. Abatement and the playoff credit described in paragraph 3(c) are your sole and exclusive remedy for “lost” matches, and supersedes any refund or credit terms and conditions that may be included on electronic tickets and ticket backs to printed tickets. We will not issue refunds for “lost” matches. If a full capacity match is postponed or rescheduled, your valid, unused, issued ticket for the match will be honored for the new match date, time, location, and/or opponent if a full capacity match; postponed or rescheduled matches do not entitle the account holder to an abatement or playoff credit. If your seat is temporarily or permanently removed or relocated, we will make a reasonable attempt to relocate your seat to a comparable seat, in the same ticket price code, where available, which may not be in the same section, row or part of the stadium.

5. Force Majeure; COVID-19 Event. If any matches at Providence Park are not played or are not full capacity matches due to a COVID-19 Event or circumstances beyond our reasonable control, including, without limitation, acts of God, interference, orders or regulations by civil or military authorities, public health guidelines, pandemics, acts of public enemy, terrorist threats, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, lock-outs, work stoppage, or other labor disputes, you will remain obligated to make all Annual Membership payments and you may be entitled to the playoff credit described in paragraph 3(c) or the abatement described in paragraph 4. “COVID-19 Event” means any outbreak or transmission of, or exposure to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”), any related governmental or judicial actions taken in connection with, or as a response to, COVID-19 (including without limitation quarantines or governmental or judicial orders to stay at home or shelter in place), any other public health, social or economic consequences of COVID-19, and/or any acts taken by Management (defined in paragraph 9) to protect the health and safety of players, performers, and/or staff in response to COVID-19 (including, without limitation, cancellation or postponement of a match).

6. Assumption of Risk / Waiver of Liability. You, and anyone to whom you provide tickets provided for under this agreement, voluntarily assume all risk and danger arising from or relating in any way to the Event, whether occurring before, during, or after the Event, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus or other pathogen capable of causing a communicable disease or illness, and notwithstanding any health and safety protocols implemented at the Event), 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. You hereby waive all claims and potential claims relating to such risks, hazards, and dangers.

7. Publicity. You agree 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 any Event for any commercial, non-personal, purpose. You agree 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, you are deemed to have granted NWSL, Peregrine Sports LLC (“StadCo”), and Peregrine TeamCo LLC (“TeamCo”) an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works. You grant to StadCo, TeamCo, each participating National Women’s Soccer League (the “NWSL”) club, NWSL, and each of their respective affiliates, sponsors, licensees, advertisers, broadcasters, designees and agents, an irrevocable, perpetual right and license to use, publish, edit, and alter your image, likeness, voice, actions, and statements in any medium or medium, including, without limitation, any audio, video, film, photographs, social media, exhibition, publication or reproduction of any Event for any purpose without further authorization or compensation and waive all claims and potential claims relating to such use unless prohibited by law.

8. COVID-19 Health Promise. To help mitigate the risk of transmission of COVID-19 (defined in paragraph 5) and other contagious illnesses, you agree to the following:

(a)       Stay-at-home: You agrees that neither you, nor anyone in your party, will attend any Event if any one or more of the following is true on the day of the Event:

·     Within the 14 days before the Event, you have (or any person in your party or with whom you have had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;

·     Within the 48 hours before the Event, you have (or any person in your party or with whom you have close contact has) experienced symptoms of COVID-19 (e.g., a 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 associated with COVID-19 identified by the Centers for Disease Control and Prevention or Health Canada, as applicable);

·     Within the 14 days before the Event, you have (or any person in your party or with whom you have had close contact has) traveled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.

(b)*      Ticket Block/Pod Integrity*: If social distancing guidelines are in place at Providence Park, you agree that you will use your best efforts to not sell, transfer (if available), or otherwise provide any of your tickets to anyone other than family with whom you have been sheltering (or other trusted acquaintances), unless you are selling, transferring (if available), or otherwise providing all of your tickets (i.e., your full block/pod of tickets) to one party.

9. Entire Agreement. These terms and conditions and the Providence Park Guest Guide, any spectator/fan waivers, and any terms and conditions of electronic tickets and ticket backs to printed tickets contain all agreements of the parties with respect to the subject matter hereof. The forgoing agreements are to be read and construed in harmony with each other, but if there are ambiguities or discrepancies within or between them, those ambiguities and discrepancies will be interpreted, if possible, in a matter that gives effect to each part and avoids or minimizes conflicts among them. However, the abatement and playoff credit terms set forth in this agreement supersede any conflicting term in any of the foregoing agreements. These terms and conditions are governed by and construed under the laws of the State of Oregon, USA, excluding its conflicts of laws principles. IN NO EVENT IS PROVIDENCE PARK, MAJOR LEAGUE SOCCER, L.L.C. (“MLS”) NWSL STADCO, TEAMCO, AND EACH OF THEIR AFFILIATES (together, “Management”), THE PROMOTERS OF ANY EVENTS AND THEIR AFFILIATES, OR ANY PERFORMER OR PLAYER LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS TICKET MUST BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. YOU AND MANAGEMENT EACH AGREE THAT ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS IN MULTNOMAH COUNTY, OREGON AND EACH PARTY WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF YOU DO NOT CONSENT TO THIS CLAUSE, YOU MUST LEAVE OR NOT ENTER PROVIDENCE PARK. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.