The United States Golf Association (the “USGA”) has established the following terms and conditions under this Ticket/Credential License Agreement (this “Agreement”) for the use of “Ticket(s)” and “Credential(s)” for admission to the 2021 USGA championships, matches or other golfing events hosted by the USGA ( each a “Championship” or “Championships”) at the applicable host club. Championships shall include any additional day(s) of a Championship due to a postponement, play-off or other eventuality determined by the USGA. Any individual lawfully possessing a valid Ticket and/or Credential shall be a “Ticket Holder” for purposes of this Agreement. This Agreement states the rights and responsibilities of each Ticket Holder and applies to the sale of all Tickets, including sales over the Internet. Additional copies of this Agreement may be obtained by calling (800) 698-0661 or by going to www.usga.org or www.usopen.com.
Please read this entire Agreement carefully. By accepting a Ticket or Credential, a Ticket Holder agrees that s/he has accepted each of the terms and conditions of this Agreement.
SEE BELOW FOR COVID-19 RELATED TERMS
1. Delivery of Tickets
(a) Tickets/Credentials will be delivered and made available either online, via mobile application, mailed to the designated mailing or email address, or made available for pick-up at the will-call office, as indicated at the time of purchase. Championships may have restricted delivery options, as well as delayed delivery windows. For example, Tickets or Credentials may not be delivered until 14 days prior to a Championship. USGA is not responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate mailing or email address.
(b) Ticket Holder is solely responsible for safeguarding all Tickets delivered to him/her. Tickets that are lost, stolen, forgotten, mutilated or destroyed will not be replaced. Tickets that are irretrievable or unreadable due to computer system, phone, hardware, software or program malfunction, or other errors in computer transmission or network connection that are human or technical in nature, or Tickets that are unreadable due to mutilation of any kind, will not be accepted for admission.
(c) Ticket Holder acknowledges and agrees that s/he: (i) is responsible for any and all Tickets s/he provides to any third party; and (ii) s/he will notify any such third party of the existence and applicability of this Agreement and that they are bound by all of the terms and conditions of this Agreement. Any such third party receiving any Ticket or Tickets will be deemed to have accepted each of the terms and conditions contained in this Agreement.
(a) Every Ticket and Credential is a revocable license, which may be revoked without refund or other consideration, subjecting the Ticket Holder to removal from a Championship for: (i) failure to comply with any term of the Ticket/Credential and/or this Agreement; (ii) failure to obey any posted signs and/or instructions of any championship marshal, official or law enforcement officer; and/or (iii) acting in a dangerous or disorderly manner. The license granted by the Ticket may also be terminated by tendering to the Ticket Holder the purchase price of the Ticket.
(b) Each Ticket Holder is solely responsible for complying with the Championship Code of Conduct outlined below, as well as all the terms and conditions of this Agreement.
(c) Ticket holder consents to exclusive jurisdiction and venue in Somerset County, New Jersey and to the exclusive applicability of New Jersey law to any dispute related to a Ticket or otherwise related to this Agreement.
(d) Anyone altering or reproducing a Ticket, or attempting to do so, in any manner whatsoever will be subject to civil and criminal liability. Resale or attempted resale of the Ticket at a price higher than face value of the Ticket is grounds for seizure or automatic cancellation without refund or other compensation. Ticket sales on or near the grounds associated with a Championship at any price are prohibited, subjecting such Tickets to revocation or cancellation. No Ticket may be used for or in advertising, promotions (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the USGA. The Ticket Holder is admitted on the condition that s/he agrees not to transmit or sell or aid in transmitting or selling any unauthorized description, account, picture or reproduction of any aspect of a Championship. In addition to all other rights and/or remedies available to the USGA, breach of the foregoing will automatically terminate all rights to the Ticket and/or access to a Championship without refund or other compensation.
(e) Each person, regardless of age, must have a Ticket for admission to a Championship.
(f) Tickets obtained from sources other than the USGA and/or its representatives, agents or authorized third parties, including, but not limited to, authorized auction sites or websites, may be lost, stolen or counterfeit, and in such cases where Tickets are lost, stolen or counterfeit, the Tickets will not be honored. In addition, Tickets obtained in contravention of the terms of the Ticket and/or this Agreement will not be honored. The USGA has no responsibility for Tickets purchased through an unauthorized source. Ticket Holders in possession of Tickets that have been reported as lost or stolen, are subject to removal from a Championship and may be referred to local authorities for investigation.
3. Accessibility for Ticket Holders with Disabilities
The USGA is committed to compliance with the letter and spirit of the Americans with Disabilities Act (ADA) and will take actions required under the ADA to provide access to a Championship for its Ticket Holders with disabilities, and are invited to contact the USGA at (800) 698-0661 or firstname.lastname@example.org with any requests they may have to provide or enhance such access.
4. Postponement and Cancellation Policy
(a) Dates and times of the Championship are subject to change at any time, either before or during a Championship. The USGA may, in its sole discretion, delay, postpone or cancel a Championship for any reason, including but not limited to weather conditions and safety-related issues. There will be no refunds, exchanges, rainchecks or replacements except as set forth herein.
(b) If fewer than five (5) cumulative hours of play are conducted during any day of a Championship (such day referred to as the “Affected Day”), then, if determined by the USGA in its sole discretion, that day’s Ticket may or may not be honored for a subsequent day(s) play or partially or fully refunded.
(c) If the USGA, in its sole discretion, elects to honor a Ticket for an Affected Day on a later day(s), unless otherwise determined by the USGA, Gallery tickets, Trophy Club tickets and any hospitality tickets (including Corporate Hospitality tickets) for such Affected Day shall be allowed access only to the championship grounds on the subsequent day(s) and not the Trophy Club or any hospitality facility (including Corporate Hospitality facilities), as the case may be. If the USGA has decided to honor a Ticket for future day(s), and such Ticket is scanned for a future day, such Ticket shall be invalid for any other day regardless of the amount of play conducted on such day.
(d) If the USGA, in its sole discretion, elects to provide a full or partial refund for any Ticket for an Affected Day, the USGA will issue such refund only upon receipt of a request within a reasonable period of time after the conclusion of a Championship and in accordance with refund procedures established by the USGA, in its sole discretion. Refunds will be issued only to the original ticket buyer who purchased the ticket directly from the USGA and refund amount will be prorated for any Tickets purchased as part of a Ticket package.
(e) Information regarding the USGA’s decision to: (i) honor a Ticket for an Affected Day on a subsequent day; (ii) provide a full or partial refund for a Ticket for an Affected Day; and (iii) if applicable, the refund procedure, including form, proof of purchase requirement and deadline for receipt of written requests, will be posted on USGA’s websites: www.usga.org and/or www.usopen.com.
(f) In the event the USGA determines in its sole discretion that it is unsafe or impracticable to allow some or all Ticket Holders to attend the Championship, or a national, state or local governing body requires or requests that some or all Ticket Holders to refrain from attending the Championship, the USGA shall have the right to revoke this Ticket. In such event, the Ticket Holder’s sole remedy shall be receipt of a refund for the purchase price of his/her Ticket.
(g) Ticket Holder acknowledges and agrees that: (i) any and all decisions relating to a cancellation and/or postponement of a Championship and/or the revocation of a Ticket shall be made by the USGA in its sole discretion; and (ii) Ticket Holder shall adhere to such decisions.
5. Championship Code of Conduct
(a) The following is a list of prohibited and restricted items and activities within a Championship: weapons (regardless of permit, including but not limited to firearms or knives); explosives and/or Fireworks of any kind; tablets and/or Computers (mobile devices smaller than 7" are permitted, subject to mobile device policy); drones; selfie sticks; cameras (point and shoot, film, or DSLR) or video cameras (other than Monday through Wednesday for personal use only); noise-producing devices (including portable speakers); backpacks, briefcases, purses and/or bags larger than 6" W x 6" H x 6" D in their natural state, note: Transparent/clear plastic hand and shoulder bags no larger than 12" W x 12" H x 6" D are permitted; signs, posters and/or banners; food and/or beverages except for medical or infant needs; water bottles (24-ounce size or less, no glass) are permitted provided they are empty; glass, coolers, aerosol cans and/or spray bottles except for medical or infant needs,
note: personal-care items (3-ounce size or less) are permitted; pets (other than service animals as defined by the ADA assisting disabled individuals); lawn chairs and/or oversized chairs (carrying cases are not permitted); ladders and/or step stools or other similar items; bicycles allowed inside admission areas or on the Championship grounds; other items or actions deemed unlawful, dangerous or disruptive by the USGA and/or Championship Security Personnel, in their sole discretion. The USGA reserves the right to amend the foregoing list at any time to provide a safe and secure experience at a Championship.
(b) For security or other purposes consistent with the license granted by the Ticket, Ticket Holder consents to the reasonable inspection of his/her person and property before entering and/or during a Championship. The USGA, in its sole discretion, reserves the right to refuse admission to a Championship or to eject anyone refusing to cooperate with such procedures or where a search produces contents or items deemed unlawful, dangerous or prohibited by the USGA. Prohibited or improperly used permitted items will be confiscated. Permitted items left unattended will be removed by security personnel for future pick-up. The USGA is not obligated to hold any item for a period of time longer than the end of play on the day the item was confiscated by the USGA, nor is the USGA liable for the value of any confiscated and/or unattended item. Any Ticket Holder refusing inspection or otherwise refusing to abide by the USGA’s rules and regulations may be denied entry to a Championship or may be removed from a Championship, all without a refund to such Ticket Holder. Any Ticket Holder found with illegal items may be referred to local authorities for investigation.
(c) As a condition to receiving a Ticket and entry to a Championship, Ticket Holder grants permission to the USGA, the host club and/or their respective agents, rightsholders, assigns and/or grantees to utilize, exploit and/or reproduce in perpetuity via any means and media now known or hereafter developed Ticketholder’s name, image, likeness, voice and/or any other proprietary indicia, and waives any claim s/he may have related to any such usage, related in any way to coverage or depiction of a Championship, without any compensation whatsoever.
(d) In addition to the foregoing, the USGA reserves the right to refuse admission to or remove any Ticket Holder who: (i) fails to comply with the Championship Code of Conduct; (ii) is disruptive to a Championship or the enjoyment, comfort or safety of other spectators, as determined by the USGA in its sole discretion; or (iii) breaches any of the terms or conditions in this Agreement.
(e) The USGA encourages fans to seek autographs but ask that you respect each player’s complete focus on preparing and playing in a Championship. Please refrain from seeking autographs from the time a player is en route to his or her first tee until the completion of the player’s round. Violation of this policy may result in expulsion and loss of Ticket privileges for the remainder of the championship.
(f) The following is the mobile device policy: While staying in touch with family and friends and capturing your onsite experience is encouraged, use of a mobile device should not disrupt players or play during a Championship. Fans may carry mobile devices smaller than 7” in length and/or height. All volume controls must be set to ‘silent” or “vibrate” and flash photography should be disabled. Phones calls should be limited to designated “Fan Zones” only and not in any area that may disrupt play including grandstands. Photography, video and audio recording are permitted throughout the course, but such content must not be used for commercial purposes. No live streaming or shot-by-shot coverage (with or without) is permitted. Violation of the above policy may result in immediate expulsion and loss of ticket privileges for the remainder of a Championship.
(g) Any violation of the Championship Code of Conduct rules, regulations or policies may result in immediate expulsion, confiscation of Ticket/Credential and loss of Ticket/Credential privileges for the remainder of a Championship without refund or other compensation.
6. Disclaimer and Limitation of Liability and Scope of this Agreement
(a) Ticket Holder expressly assumes all risks incidental to and associated with attendance at a Championship. By virtue of the Ticket Holder’s attendance at a Championship, the Ticket Holder acknowledges that s/he understands all risks incidental to and associated with his/her attendance, including but not limited to being struck by a golf ball or golf club, and hereby waives, releases and discharges the USGA, the host club, any and all of their respective affiliated companies and vendors, participating players, and all employees, officers, directors, agents, representatives, and/or volunteers associated with a Championship (“Released Parties”), and agrees to hold harmless the Released Parties, from any and all claims for damages for death, personal injury or property loss or damage including all costs and expenses, which result from the Ticket Holder’s attendance at a Championship or participation in any related activities arranged, promoted and/or sponsored by the Released Parties, including, without limitation, those claims that arise as a result of the inherent risks associated with attending a Championship, including, without limitation, (i) all claims for personal injuries, wrongful death or exposure to or contraction of COVID-19 or other communicable disease by the Ticket Holder, any accompanying party, or other individuals exposed to COVID-19 by the Ticket Holder of accompanying party; and (ii) all clams in connection with the application of any health and safety protocols to Ticket Holder or any accompanying party. This waiver, release and assumption of risk is binding on the Ticket Holder’s heirs and assigns.
Ticket Holder further acknowledges and agrees that the Ticket Holder is familiar with and does hereby waive the provisions of Section 1542 of the California Civil Code (and similar provisions of other jurisdictions) which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
(b) Tickets to the Championship are sold by the USGA on an “AS IS” basis without warranties or representations of any kind, either express or implied, other than those warranties that are implied by and incapable of exclusion, restriction or modification under New Jersey law. IN NO EVENT WILL THE USGA OR ANY OTHER PERSON INVOLVED IN ANY WAY WITH THE USGA’S TICKETING PROGRAM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, CLAIMED BY ANY TICKET HOLDER IN CONNECTION WITH ANY OF THE MATTERS COVERED BY THIS AGREEMENT, whether for breach of contract, tortious behavior, negligence, or any other cause of action, other than the exclusive remedies expressly outlined in this Agreement.
(c) USGA is not responsible for any Tickets that are lost, stolen, forgotten, mutilated or destroyed, or Tickets that are irretrievable or unreadable due to computer system, phone, hardware, software or program malfunction, or other errors in computer transmission or network connection that are human or technical in nature.
(d) This Agreement together with the Ticket contains the entire agreement of the parties with respect to the matters outlined in this Agreement and supersedes all previous written or oral agreements or understandings between the parties with respect to such subject matter.
COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses:
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. TICKET HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF USGA AND THE HOST CLUB.
Ticket Holder, on their behalf and on behalf of any accompanying parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by USGA and/or the owner/operator of the venue, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, which due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this ticket and the event date(s) of the Championship, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities. Ticket Holder acknowledges and understands that these requirements and other health & safety policies of USGA and/or the venue are subject to change and agrees to abide by whichever health & safety policies are in effect on the Championship event date(s).
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Ticket Holder, on their behalf and on behalf of any accompanying parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other communicable disease at the Championship and/or host club. By using this Ticket or Credential, Ticket Holder is acknowledging and confirming, both now and in the future, that Ticket Holder understands and expressly assumes the risk that Ticket Holder and any accompanying party may be exposed to COVID-19 or other communicable disease. Ticket Holder expressly understands that these risks include contracting COVID-19 or other communicable disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable disease. Ticket Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Ticket Holder or any accompanying party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other communicable disease are risks inherent in Ticket Holder’s decision to use this Ticket and/or Credential that cannot be eliminated.
Ticket Holder consents to health screenings and other precautions related to COVID-19 and other communicable disease that may be required as a condition for use of this Ticket and/or Credential, including all precautions required by the USGA and the host club while at the Championship and/or host club or surrounding grounds or parking areas, such as, but not limited to, distancing requirements and the wearing of masks in designated areas and/or designated times.