Portland Timbers

2023 Portland Timbers 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 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 Upon the purchase of an Annual Membership, you are granted a revocable license which may be withdrawn at any time, as determined by us in our sole discretion.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. Code of Conduct.

a. All people attending matches or events (each, an “Event”) at Providence Park or who are otherwise on Providence Park property must observe the MLS Fan Code of Conduct (https://www.mlssoccer.com/about/fan-code-of-conduct), the Providence Park Guest Guide (www.timbers.com/providencepark/guest-guide-faq), the Providence Park Fan Experience Guidelines (https://images.mlssoccer.com/image/upload/v1625889187/assets/por/PDFs/FanPolicies-2020_v5pzgp.pdf), all security policies and procedures (including, without limitation, prohibited items policies, and clear bag policies), the terms of any tickets to the applicable Event, and all other laws, rules, regulations, policies (including health and safety policies), the Safety Requirements (as defined below) and all other public health and safety guidelines (collectively, the “Providence Park Policies”). All people at Providence Park must obey any reasonable direction of Providence Park staff, security and their authorized contractors.

b. We reserve the right to immediately expel and/or exclude, without refund, any person who violates the Providence Park Policies or the policies of any other MLS club facility while at such facility (including, without limitation, any violation of the MLS Fan Code of Conduct occurring at any other MLS club facility), and such expulsion or exclusion may be for any number of Events, 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 Policies and to abide by any punishments imposed in response to any violation or otherwise pursuant to this paragraph.

3. Ticketing Policies.

a. Duration. The 2023 Annual Membership begins the date you sign and/or accept these terms and conditions and ends December 31, 2023.

b. Tickets. The Portland Timbers Annual Membership includes tickets to the following “full capacity matches” played at Providence Park during the 2023 calendar year:

All Portland Timbers MLS regular season matches
All Portland Timbers ticketed MLS preseason matches
The first Leagues Cup match at Providence Park
The first U.S. Open Cup match at Providence Park prior to the Semi-Finals
The first CONCACAF Champions League match at Providence Park prior to the Semi-Finals

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 full capacity MLS regular season matches, MLS preseason matches, US Open Cup matches, CONCACAF Champions League and Leagues Cup matches to be played at Providence Park has not been determined and may vary from past and future seasons. 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 and applicable privacy policies. 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 2023 Annual Membership to the purchase of those tickets. However, the purchase price for those tickets less any abatement applied to your account pursuant to this agreement will be charged to your account promptly after we determine the amount of any such abatement.

d. Playoffs; Leagues Cup. Home MLS Playoff matches and additional Portland Timbers home 2023 Leagues Cup matches are an additional cost above your Annual Membership fee. Portland Timbers home MLS Playoff matches (but excluding the MLS Cup Final) will be charged to your account unless you opt-out during the opt-out window. Additional Portland Timbers home 2023 Leagues Cup matches (other than the one (1) match included as set forth in paragraph 3.b. (Tickets) above) will be charged to your account unless you opt-out during the opt-out window. We will send notice of the opt-out windows to the email address associated with your account. If you pay for a home MLS Playoff match or 2023 Leagues Cup match that we do not qualify for or that we do not play at Providence Park at full capacity, we will not issue you a ticket and will apply your payment (in order of priority): (i) to set off against amounts you owe us, (ii) any remaining amounts will be applied to amounts owing for the purchase of tickets pursuant to paragraph 3.c. (Opportunity to Purchase Tickets), and (iii) any remaining amounts will be applied to the payment on your Annual Membership fee for the next MLS season. Playoff and Leagues Cup credits are non-transferable and may not be redeemed for cash or a refund applied to a payment card.

e. Payment Plan Default. If you sign up for a payment plan (2-Pay Plan or Monthly) and any scheduled payments are past due by more than 14 days, your Annual Membership may be suspended or revoked, at our discretion at any time, along with renewal rights for future seasons.

f. Sit/Stand Rules in Sections. The majority opinion in each stadium section governs whether the section is a seated or standing section. The following are sections that traditionally stand: Timbers Army/General Admission, 109-116, 209-211, SD1-SD6, 93 and 99. The following are traditionally seated sections: 92, 94-98, C1-C5, 117-123 and 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 barcode are not valid tickets for admittance to Providence Park. 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 penalties will apply:

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) – $50/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 if any ticketed pre-season matches, U.S. Open Cup home matches, CONCACAF Champions League home matches, or the one (1) included 2023 Leagues Cup home match, are cancelled, relocated or not full capacity matches. We will determine the abatement amount at the end of the MLS regular season. Your abatement will be equal to the price of your 2023 Annual Membership less the fair value of the Portland Timbers full capacity matches played at Providence Park in 2023. The fair value of the full capacity matches will be determined by us in our sole discretion. The abatement will be applied (in order of priority): (i) to set off against amounts you owe us, (ii) any remaining amounts will be applied to amounts owing for the purchase of tickets pursuant to paragraph 3.c. (Opportunity to Purchase Tickets), and (iii) any remaining amounts will be 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 or a refund applied to a payment card. Abatement and the credits described in paragraph 3.d. (Playoffs; Leagues Cup)) 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. Postponed or rescheduled matches do not entitle the account holder to an abatement or credit. 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. If your seat is temporarily or permanently removed, unavailable or relocated, we will make a reasonable attempt to relocate you 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, epidemics, 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 credit described in paragraph 3.d. (Playoffs; Leagues Cup) or the abatement described in paragraph 4 (“Lost” Matches; Rescheduled Matches; Seating Changes). “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 (as defined below) 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 under this agreement, voluntarily assume all risk and danger arising from or relating in any way to any 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 any Event (the “Works”). Notwithstanding the foregoing, by using a ticket to an Event and entering the stadium, you are deemed to have signed the ticket and to have granted Major League Soccer, L.L.C. (“MLS”), Peregrine Sports LLC (“Peregrine Sports”), 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 MLS, Peregrine Sports, TeamCo, each participating MLS club, 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, 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. Health and Safety Requirements.

(a) Due to the uncertainty related to COVID-19, all tickets provided under this agreement and admission to Providence Park are subject to all health and safety requirements and policies required pursuant to applicable laws, rules and regulations or otherwise established by Management, including potential requirements relating to face masks, vaccinations, health promises, execution of waivers and releases of claims and enhanced health screenings (which may include a requirements relating to testing for COVID-19 prior to or during an Event). Such policies and requirements, as they may be updated from time to time (in the sole discretion of the Management), and as they may be communicated to ticketholders prior to or during the Event (whether orally or in writing) including by, for example, policies emailed to the email address associated with your account, instruction provided by Management personnel, or signage in or around Providence Park, are collectively referred to herein as the “Safety Requirements”. You hereby acknowledge and agree to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance. Management further reserves the right to modify, alter or suspend rights and benefits provided to ticketholders for health and safety reasons (including, without limitation, closing, restricting or altering hospitality on concession locations, or modifying or suspending ticket transfer rights).

(b) To help mitigate the risk of transmission of COVID-19 and other contagious illnesses, you agree that neither you nor anyone in your party will attend any Event if on the day of such Event, any local, state, county or federal (including, without limitation, Centers for Disease Control and Prevent) regulations or guidance applicable to the jurisdiction of the Event require or recommend your isolation or quarantine based on test results, symptoms of COVID-19, close contact exposure or a travel advisory. Applicable regulations regarding COVID-19 quarantine and isolation requirements may change from time to time and you agree that you shall review and comply with such requirements prior to attending an Event.

9. Data Privacy. Your provision of any personal or financial data to us pursuant to this agreement is subject to the Major League Soccer Privacy Policy (https://www.mlssoccer.com/legal/privacy-policy) and the data privacy policy of our ticketing provider. Additionally, you hereby consent to the sharing of your personal data as necessary to provide you information about Apple TV+ subscription offers that may be provided to Annual Membership account holders. We will communicate with you regarding your Annual Membership and tickets to Events by email communication to the email address provided to us. Please note that if you change your email address, change your privacy settings or opt-out of email communications, we will not have any liability in the event that you miss any information provided by email to the email address you have provided us.

10. Entire Agreement. These terms and conditions, the Providence Park Policies, 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 foregoing 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. Management reserves the right to amend these terms and conditions and other policies applicable to Events at Providence Park.

11. LIMITATION OF LIABILITY; CLASS ACTION WAIVER; BINDING ARBITRATION. IN NO EVENT IS PROVIDENCE PARK, MLS, NATIONAL WOMEN’S SOCCER LEAGUE, LLC (“NWSL”), PEREGRINE SPORTS, 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 ANY APPLICABLE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS AGREEMENT 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 MAY NOT PURCHASE THIS ANNUAL MEMBERSHIP OR ENTER PROVIDENCE PARK. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

2023 Portland Thorns FC Terms and Conditions

COVID-19 Warning

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 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. Code of Conduct.

a. All people attending matches or events (each, an “Event”) at Providence Park or who are otherwise on Providence Park property must observe the Providence Park Guest Guide (www.timbers.com/providencepark/guest-guide-faq), the Providence Park Fan Experience Guidelines (https://images.mlssoccer.com/image/upload/v1625889187/assets/por/PDFs/FanPolicies-2020_v5pzgp.pdf), all security policies and procedures (including, without limitation, prohibited items policies, and clear bag policies), the terms of any tickets to the applicable Event, all other laws, rules, regulations, policies (including health and safety policies), the Safety Requirements (as defined below) and all other public health and safety guidelines (collectively, the “Providence Park Policies”). All people at Providence Park must obey any reasonable direction of Providence Park staff, security and their authorized contractors.

b. We reserve the right to immediately expel and/or exclude, without refund, any person who violates the Providence Park Policies, and such expulsion or exclusion may be for any number of Events, 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 Policies and to abide by any punishments imposed in response to any violation.

3. Ticketing Policies.

a. Duration. The 2023 Annual Membership begins the date you sign and/or accept these terms and conditions and ends December 31, 2023.

b. Tickets. The Portland Thorns Annual Membership includes tickets to the following “full capacity matches” played at Providence Park during the 2023 calendar year:

All Portland Thorns NWSL regular season matches
All Portland Thorns ticketed NWSL preseason matches
All Portland Thorns NWSL Challenge Cup matches at Providence Park

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 full capacity regular season and preseason matches to be played at Providence Park has not been determined and may vary from past and future seasons. As a result, tickets available on your account may change over time as full capacity matches are added or removed from the schedule.

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 2023 Annual Membership to the purchase of those tickets. However, the purchase price for those tickets less any abatement applied to your account pursuant to this agreement will be charged to your account promptly after we determine the amount of any such abatement.

d. Playoffs. Home NWSL Playoff matches are an additional cost above your Annual Membership fee. Portland Thorns home NWSL Playoff matches (but excluding 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 do not qualify for or that we do not 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) to set off against amounts you owe us, (ii) any remaining amounts will be applied to amounts owing for the purchase of tickets pursuant to paragraph 3.c. (Opportunity to Purchase Tickets), and (iii) any remaining amounts will be 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 or a refund applied to a payment card.

f. Sit/Stand Rules in Sections. The majority opinion in each stadium section governs whether the section is a seated or standing section. The following are sections that traditionally stand: General Admission. 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.

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) – $50/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 if any ticketed pre-season matches are cancelled, relocated or not full capacity matches. We will determine the abatement amount at the end of the NWSL regular season. Your abatement will be equal to the price of your 2023 Annual Membership less the fair value of the Portland Thorns full capacity matches played at Providence Park in 2023. The fair value of the full capacity matches will be determined by us in our sole discretion. The abatement will be applied (in order of priority): (i) to set off against amounts you owe us, (ii) any remaining amounts will be applied to amounts owing for the purchase of tickets pursuant to paragraph 3.c. (Opportunity to Purchase Tickets), and (iii) any remaining amounts will be 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 or a refund applied to a payment card. Abatement and the playoff credit described in paragraph 3.d. (Playoffs) 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. Postponed or rescheduled matches do not entitle the account holder to an abatement or playoff credit. 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. If your seat is temporarily or permanently removed, unavailable or relocated, we will make a reasonable attempt to relocate you 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, epidemics, 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.d. (Playoffs) or the abatement described in paragraph 4 (“Lost” Matches; Rescheduled Matches; Seating Changes). “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 (as defined below) 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 under this agreement, voluntarily assume all risk and danger arising from or relating in any way to any 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 any Event (the “Works”). Notwithstanding the foregoing, by using a ticket to an Event and entering the stadium, you are deemed to have signed the ticket and to have granted National Women’s Soccer League (“NWSL”), Peregrine Sports LLC (“Peregrine Sports”), 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 NWSL, Peregrine Sports, TeamCo, each participating NWSL club, 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, 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. Health and Safety Requirements.

(a) Due to the uncertainty related to COVID-19, all tickets provided under this agreement and admission to Providence Park are subject to all health and safety requirements and policies required pursuant to applicable laws, rules and regulations or otherwise established by Management, including potential requirements relating to face masks, vaccinations, health promises, execution of waivers and releases of claims and enhanced health screenings (which may include a requirements relating to testing for COVID-19 prior to or during an Event). Such policies and requirements, as they may be updated from time to time (in the sole discretion of the Management), and as they may be communicated to ticketholders prior to or during the Event (whether orally or in writing) including by, for example, policies emailed to the email address associated with your account, instruction provided by Management personnel or signage in or around Providence Park, are collectively referred to herein as the “Safety Requirements”. You hereby acknowledge and agree to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance. Management further reserves the right to modify, alter or suspend rights and benefits provided to ticketholders for health and safety reasons (including, without limitation, closing, restricting or altering hospitality on concession locations, or modifying or suspending ticket transfer rights).

9. Data Privacy. Your provision of any personal or financial data to us pursuant to this agreement is subject to the Major League Soccer Privacy Policy (https://www.mlssoccer.com/legal/privacy-policy) and the data privacy policy of our ticketing provider. We will communicate with you regarding your Annual Membership and tickets to Events by email communication to the email address provided to us. Please note that if you change your email address, change your privacy settings or opt-out of email communications, we will not have any liability in the event that you miss any information provided by email to the email address you have provided us.

10. Entire Agreement. These terms and conditions, the Providence Park Policies, 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 foregoing 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. Management reserves the right to amend these terms and conditions and other policies applicable to Events at Providence Park.

11. LIMITATION OF LIABILITY; CLASS ACTION WAIVER; BINDING ARBITRATION. IN NO EVENT IS PROVIDENCE PARK, NWSL, MAJOR LEAGUE SOCCER, L.L.C, PEREGRINE SPORTS, 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 ANY APPLICABLE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THIS AGREEMENT 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 MAY NOT PURCHASE THIS ANNUAL MEMBERSHIP OR ENTER PROVIDENCE PARK. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.