NTC Event Ticket Terms and Conditions

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS WITH RESPECT TO THE TICKET AND CONTAIN AN ASSUMPTION OF RISK AND A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH HOLDER GIVES UP THE RIGHT TO FILE A LAWSUIT IN COURT RELATING TO THE TICKET OR THE SPECIFIED EVENT FOR WHICH IT IS ISSUED.

This ticket is a revocable license that only grants a one-time entry into the USTA Billie Jean King National Tennis Center (“Facility”) for the specified event (the “Event”).  No person, regardless of age, may enter the Facility without a ticket.  Admission may be refused or revoked, or ticket holder ejected, in the sole discretion of the USTA National Tennis Center Incorporated (“NTC” or “Management”).  The person seeking entry pursuant to this license on their behalf and on behalf of any accompanying minor (collectively, “Holder”) agrees that this ticket is subject to these terms and conditions (the “Terms”) and by accepting and/or using this ticket, Holder is deemed to have read these Terms and agrees to be bound by them.  Failure to comply with any of these Terms or any other rules, terms and conditions applicable to attendees at the Event or the Facility, which may be amended from time-to-time, including, without limitation, the current Facility/Event Policies and Procedures found at https://www.ntc.usta.com/facilityandeventprocedures  shall result in forfeiture of this license and all rights arising hereunder without refund and shall entitle the Management to pursue all legal remedies available. 

ALL TICKET SALES ARE FINAL.  NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN.  Stated ticket price on this ticket includes all applicable taxes.  NO REFUNDS WILL BE MADE IF THE EVENT IS CANCELLED OR RESCHEDULED FOR ANY REASON IF THE HOLDER SHALL HAVE THE RIGHT, WITHIN TWELVE (12) MONTHS OF THE DATE OF THE SCHEDULED EVENT, TO ATTEND A RESCHEDULED PRESENTATION OF THE EVENT.  This ticket is subject to the terms and conditions of the Event inclement weather policy (for more information, visit https://www.ntc.usta.com/events. THE SOLE AND EXCLUSIVE REMEDY if (1) admission is refused or revoked without cause, or (2) if Facility capacity limitations or the Event being held without fans results in the cancellation of Holder’s ticket(s) is a refund of the balance of the face value of this ticket as determined by Management in its sole discretion (the “Face Value”) to the initial ticket purchaser of record with Ticketmaster or the Facility Box Office.  No refund or remedy will be provided if Holder is ejected from or refused entry to Facility. Further, the liability of Management and the Event promoter for breach of any term of this ticket shall not exceed the Face Value. IN NO EVENT SHALL MANAGEMENT OR EVENT PROMOTER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF THE FACE VALUE FOR THIS TICKET.

The date and time of the Event (and the opening of Facility gates) are subject to change by Management in its sole discretion, and no such change shall entitle Holder to a refund or any other remedy if Holder cannot attend the Event or for any other reason.  Holder’s seat may be relocated in the sole discretion of Management, and no such relocation shall entitle Holder to a refund or any other remedy provided that Holder’s seat is relocated to a seat of comparable value as determined by Management in its sole discretion.

This ticket only permits the Holder the right to:  (i) entry to the Facility for the Event identified on this ticket; and (ii) sit in the specific seat location for the Event identified on this ticket, unless this ticket is identified as “General Admission” and except for general admission seating, if and to the extent, made available to reserved seat ticketholders.  Management is not responsible for lost, stolen, destroyed, duplicated or counterfeit tickets and may refuse to honor such tickets. Management will not be obligated to admit Holder unless a valid ticket is presented.

Holder agrees to comply with all Facility and Event procedures, policies, protocols and mitigation measures, including, without limitation, security and guest conduct, health and safety, and applicable bag policies, as determined by Management from time to time (current Facility/Event Policies and Procedures can be found at http://www.ntc.usta.com/facilityandeventprocedures). Without limitation of the foregoing, in order to protect the health and safety of all fans, Holder agrees to comply with all Facility and Event health and safety protocols regarding COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (“Communicable Disease”). Holder is subject to health screenings and other precautions and requirements related to COVID-19 and/or any other Communicable Disease that may be required as a condition for use of a ticket, including while at the Facility or surrounding grounds or parking areas. If requested, Holder will execute waivers/releases related to COVID-19 and/or any other Communicable Disease and/or show proof of current negative COVID-19 test and/or vaccination (acceptable forms of test and/or vaccination as determined by Management) within a period of time to be determined by Management prior to entrance to the Facility.  Management and its designees have the right to deny admission to or eject any person who Management or such designees determine, in their sole discretion, poses a risk to the health or safety of others and/or whose conduct violates these Terms, Facility and Event procedures, policies, protocols and mitigation measures (including, without limitation, the Facility/Event Policies and Procedures) or is otherwise disorderly (or complicit in such conduct) without refund.  

Any direct or indirect sale, resale, auction, assignment or transfer (collectively, “Resale”) of tickets must be done in accordance with all then-current applicable laws.  Without limitation of the foregoing, New York law provides that unlawful resale can be punishable by fine and/or imprisonment.  Under New York law, Event tickets may not be resold within one thousand five hundred feet from the physical structure of the Facility under penalty of law.  This applies REGARDLESS OF RESALE PRICE.  Any Resale in violation of applicable laws constitutes a material breach of these Terms.

Limit of one bag per person (no larger than 12 in. x 12 in. x 16 in.). Certain items are prohibited and may not be brought onto the premises. For a list of prohibited items, visit https://www.ntc.usta.com/facilityandeventprocedures.  Management retains the right, in its sole discretion, to prohibit entry onto the premises of any items (whether or not specified on the prohibited items list) it deems inappropriate or dangerous.  Holder and Holder’s belongings may be searched or assessed prior to or upon entry into the Facility or at any other time while at the Facility.  Prohibited items may be confiscated and/or Holder may be denied admission or have his/her admission revoked at any time at the sole discretion of Management.  Holder consents to such searches and assessments and waives all claims related to them.  If Holder does not to consent to such searches and assessments, Holder will be denied entry into the Facility without refund.  

Holder agrees not to create, transmit, display, distribute, exploit, misappropriate or license/sell (or aid in such activity), in any medium now or hereafter existing: (i) any form, description or account (whether text, data or visual) and including, without limitation, point-by-point or play-by play data (if applicable) of the Event or related events (collectively, the “Descriptive Data”) for any commercial (including, without limitation, betting or gambling) or non-personal purpose; (ii) any photographs, images, videos, audio or other form of display or public performance or reproduction of any portion of the Event or related events (the “Works”) for any commercial (including, without limitation, betting or gambling) or non-personal purpose; or (iii) livestreams of any portion of the Event or related events (the “Livestreams”).  Notwithstanding the foregoing, Holder agrees that by using this ticket for entry into the Facility, Holder shall be deemed to have signed this ticket and grants Event promoter an exclusive, worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works, the Livestreams, and, to the extent permitted by law, the Descriptive Data.  

This ticket may not be used for, or in connection with, any form of commercial or trade purposes including, but not limited to, any advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of Management and the Event promoter. Use of this ticket in violation of any law is strictly prohibited and will result in seizure, revocation and/or forfeiture of this license without refund.

Holder grants irrevocable permission to Management, the Event promoter (and their respective designees and agents) to use, publish and/or distribute Holder’s image, likeness, actions, voice and statements in any live or recorded audio, video, film or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event or any surrounding activities in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.

Be advised that Management reserves the right to take appropriate action against individuals who fraudulently obtain tickets for wheelchair accessible and/or companion seats, including ejection and legal action.

ASSUMPTION OF RISK.  HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incidental to, arising from or relating in any way to attending the Event, whether occurring prior to, during or subsequent to, the actual occurrence of the Event, including specifically (but not exclusively) the danger of being injured by flying objects, the risk of contracting COVID-19 and/or another Communicable Disease (including exposure to a bacteria, virus, or other pathogen capable of causing COVID-19 and/or another Communicable Disease), and the risk of lost, stolen or damaged property or personal injury of any kind (including death), whether occurring before, during, or after the Event, however caused, and agrees that the Released Parties (defined below) are not liable for claims and potential claims relating to such risk, hazards and dangers.  AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT, INCLUDING THOSE WITH OR WITHOUT MASKS AND ADDITIONAL PERSONAL PROTECTIVE EQUIPMENT (“PPE”) OR IMPROPERLY USING MASKS OR PPE. COVID-19 IS AN EXTREMELY CONTAGIOUS VIRUS 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 THE FACILITY AND RELATED FACILITY GROUNDS (INCLUDING, WITHOUT LIMITATION, PARKING AREAS AND ENTRY GATES), HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19 AND OTHER COMMUNIABLE DISEASES, INCLUDING BUT NOT LIMITED TO EXPOSURE TO CARRIERS OF THE VIRUS WHO DO NOT HAVE SYMPTOMS OF COVID-19 OR SUCH OTHER COMMUNICABLE DISEASE, AS APPLICABLE, AND/OR HOLDER TRANSMITTING THE COVID-19 VIRUS OR OTHER COMMUNICABLE DISEASE TO OTHERS DURING OR AFTER THE EVENT.

RELEASE, WAIVER AND COVENANT NOT TO SUE. On behalf of Holder and Holder’s Related Persons (defined below), on whose behalf Holder represents it has the authority to act with respect to this ticket and the matters herein, Holder RELEASES, WAIVES, and COVENANTS NOT TO SUE each of the Released Parties (defined below) with respect to any and all claims, including for negligence and/or wrongful death, 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 in the preceding paragraph, including without limitation any and all claims and damages of any kind or character that arise out of or relate in any way to (i) Holder’s exposure to COVID-19 or any other Communicable Disease; (ii) Holder’s entry into, or presence within or around, the Event at the Facility (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols at the Event; (iii) any interaction between Holder and any personnel of any of the Released Parties present at the Event; (iv) any act or omission on the part of any of the Released Parties in connection with monitoring or policing protocols applicable to the Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.   Holder further represents and warrants that Holder’s Related Persons have reviewed these Terms and Conditions and separately agreed to them. TO THE EXTENT THAT HOLDER OR ANY HOLDER’S RELATED PERSONS, OR PERSONS WHO CLAIM THAT THEY CONTRACTED COVID-19 FROM HOLDER OR HOLDER’S RELATED PERSONS, FILE A CLAIM, SUIT OR ARBITRATION AGINST ANY OF THE RELEASED PARTIES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE EVENT AT THE FACILITY, HOLDER HEREBY AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST SUCH CLAIM, SUIT OR ARBITRATION TO THE FULLEST EXTENT PERMITTED BY LAW. IT IS ACKNOWLEDGED AND AGREED THAT THE RELEASED PARTIES ARE USING COMMERCIALLY REASONABLE EFFORTS TO ENSURE AND ENFORCE COMPLIANCE WITH APPLICABLE CDC GUIDELINES AND STATE AND LOCAL LAWS FOR PROTECTION AGAINST COVID-19 (“COVID-19 BEST PRACTICES”), HOWEVER, NOTWITHSTANDING, HOLDER AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FOR ANY FAILURE OF THE RELEASED PARTIES TO ENSURE OR ENFORCE ANY COVID-19 BEST PRACTICES.

As used herein:

·   “Related Persons” means Holder’s heirs, assigns, executors, administrators, next of kin, Holder’s invitees and anyone in Holder’s party, or otherwise suing Holder’s ticket(s), including but not limited to, minors for whom Holder or any other invitee or member of Holder’s party or otherwise using Holder’s ticket(s) is a parent or guardian (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) the USTA National Tennis Center Incorporated, the City of New York, the Event promoter and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, general partners, partners, members, employees, contractors (and all employees of such contractors) and other personnel; (ii) all third parties performing services at the Facility and related Facility grounds (including, without limitation, parking areas and entry gates); and (iii) 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. 

DISPUTES, INCLUDING MANDATORY ARBITRATION AND CLASS ACTION WAIVER. Any dispute or claim relating in any way to these Terms (including, without limitation, this ticket or attendance at the Event), will be resolved by mandatory, confidential, final and binding arbitration in New York, New York rather than in court, with the following exceptions:

·       Holder may assert claims in small claims court if Holder’s claims apply; and

·       In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against the NTC (except for small-claims court actions) may be commenced only in a federal or state court located within Westchester County, New York, and Holder and NTC consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms and Conditions is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. State arbitration laws do not govern in any respect. This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable.

To begin an arbitration proceeding, Holder must send a letter requesting arbitration and describing Holder’s claim to: United States Tennis Association Incorporated, 70 West Red Oak Lane, White Plains, New York 10604: Attention: Legal Department. Holder may download the forms located at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. The arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures.  The costs of such arbitration shall be split evenly among the applicable parties except upon an arbitrator’s finding that such split renders the arbitration cost prohibitive to the Holder.

Holder and Management each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. HOLDER AGREES TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of NTC or Holder will be entitled to arbitrate our dispute.

These Terms shall be governed by the laws of the State of New York, without regard to such state’s conflict of law provisions, and cannot be modified without the written consent of both parties.  These Terms contain the entire understanding and agreement of Management and Holder with respect to the matters provided for herein and shall supersede any representations or agreements previously made or entered into by either Management or Holder (whether oral or written).  No amendment, modification or waiver shall be valid or enforceable unless in writing and signed by both parties.  Notwithstanding the above, tickets issued pursuant to another agreement with Management (including, without limitation luxury suite license agreement and hospitality agreements) are subject to the terms and conditions contained in such other agreement, and, in the event of a conflict between these Terms, on the one hand, and the terms and conditions of such other agreement, on the other hand, the terms and conditions of such other agreement will apply.  Management’s exercise of any decision, determination, grant and/or reservation or right shall be at Management’s sole and absolute discretion.

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

In the event of a conflict between Ticketmaster L.L.C.’s terms and conditions, on the one hand, and these Terms, on the other hand, these Terms shall govern.

These Terms may be updated by Management from time to time in its discretion.  It is your responsibility to review these Terms from time to time.  Any use of this ticket constitutes your agreement to and acceptance of these Terms as they exist at the time of such use.

Last Updated: March 16, 2022