PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND, TO THE EXTENT ENFORCEABLE IN THE APPLICABLE JURISDICTION, CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED EVENT FOR WHICH IT IS ISSUED.
THIS IS A REVOCABLE LICENSE; USER ACCEPTS RISK OF INJURY; NO RE-ENTRY PERMITTED. The ticket purchaser/holder, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the "Holder"), voluntarily assumes all risk of property loss and personal injury arising during its use and/or during the event for which the ticket is issued (the “Event”). Nobody will be allowed admission to the Event without a valid ticket. Overtime Elite, LLC (“Overtime Elite”) personnel may revoke the license and eject or refuse entry to the Holder for violation of these Terms and Conditions, Overtime Elite Arena’s Fan Code of Conduct (FAQs), or Overtime Elite Arena’s Safety Protocols (Covid-19). Holder consents to all searches of person or property upon entry into the Overtime Elite Arena and confiscation of any prohibited items. If the Holder elects not to consent, the Holder will be denied entry into the Overtime Elite Arena without refund. No refund or other remedy will be provided if the ticket holder is ejected or refused entry due to disorderly conduct, intoxication, or failure to comply with these Terms and Conditions, Overtime Elite Arena’s Fan Code of Conduct (FAQs), or Overtime Elite Arena’s Safety Protocols (Covid-19). Overtime Elite and Overtime Sports, Inc. and each of their affiliates, respective agents, officers and employees (collectively, the “Overtime Parties”) and certain sponsors and licensees of such Overtime Parties shall have the unrestricted right and license to use Holder’s image, likeness, name, voice, comments or other proprietary or public rights in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any and all media, now or hereafter known, throughout the universe, in perpetuity, for any purpose, including commercial or promotional purposes, without further authorization or compensation. The rights granted herein to the Overtime Parties are assignable. The Holder agrees not to reproduce, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose, in any media now or hereafter existing, any picture, video, audio or other form of exploitation or reproduction of the Event, without the express written consent of Overtime Elite. Overtime Elite may choose to relocate the Event to another facility, with or without notice, and without liability, to Holder. In the event of a cancellation or rescheduling of the Event, Overtime Elite shall not be required to issue a refund provided that the Holder is given the right, within twelve months of the date of the original Event, to attend a rescheduled performance of the same Event or to exchange this ticket for a ticket of comparable price and location to another, similar Event, as determined by Overtime Elite, in its sole discretion. Overtime Elite reserves the right to change the seating arrangements in the performance areas of the Event due to unforeseen circumstances. All Holders that any seat changes affect will be notified when practicably possible. ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) IF ADMISSION IS REFUSED OR REVOKED, OR THE EVENT IS CANCELLED AND NOT REPLAYED, IS A REFUND OF UP TO THE TICKET’S FACE VALUE SET BY OVERTIME ELITE. To ensure that all Event patrons agree to, and comply with, Overtime Elite Arena’s Fan Code of Conduct (FAQs), Overtime Elite Arena’s Safety Protocols (Covid-19), and all other Terms and Conditions herein, this ticket may not be resold or offered for resale. Without limiting the foregoing, any transfer of this ticket to any individual who fails to comply with the aforementioned policies may be deemed void by Overtime Elite.
WARNING: Holder recognizes that attendance of Holder at the Event is voluntary and may result in personal injury (including serious injury or death), illness and/or property damage and Holder agrees to abide by Overtime Elite Arena’s Fan Code of Conduct (FAQs), Overtime Elite Arena’s Safety Protocols (Covid-19), and all other Terms and Conditions herein, and to stay alert and remain aware of Holder's surroundings. By using this ticket or by attending, observing or participating in the Event, Holder acknowledges and assumes all risks and dangers associated with: (a) being a spectator before, during, and after a basketball game or other Event at Overtime Elite Arena (including all pre-game, post-game and between-game activities, promotions and competitions), and (b) attending, observing or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by launched items; projectiles; persons; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators. On behalf of Holder and the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder or for whom Holder has obtained an Event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these Terms and Conditions), and other persons acting or purporting to act on the Holder’s or their behalf (“Related Parties”), the Holder releases the Overtime Parties for liability for any claims arising from such injuries and hazards. The Overtime Parties shall not be responsible for punitive, incidental, consequential, indirect or special damages of any kind, or any damages beyond the face value of the ticket, including, without limitation, any amount paid in excess of face value for this ticket. On behalf of Holder and the Related Parties, the Holder agrees not to take any legal action, or cause others to take any action, which would infringe upon the Overtime Parties’ rights.
Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the Overtime Parties, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to 20 Jay Street, Suite 600, Brooklyn, NY 11201 Attn: Legal. Holder and the Overtime Parties agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall, to the extent enforceable in the applicable jurisdiction, be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in Fulton County, Georgia conducted by JAMS. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the arbitrator selected pursuant to this provision. THE HOLDER AND OVERTIME PARTIES AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION.