IMPORTANT NOTICE: ADMITTANCE RULES and LIABILITY WAIVER

ABILENE FLYING BISON, McMurry University and Walt Driggers Field

The Ticket Holder, on his/her own behalf and on behalf of any accompanying minor(s) (collectively “Holder”), is admitted on the following conditions. Holder agrees to the following terms and conditions (“Terms and Conditions”) of this ticket: (a) Holder shall not transmit or aid in transmitting any information about the game or other event to which the ticket grants admission (the “Event”), including, but not limited to, any photographs, images, videos, audio, livestreams or other accounts or descriptions (including play-by-play data) (whether text, data, or visual), in any media, of all or any part of the Event, without the express written consent of ABILENE SPORTS and ENTERTAINMENT LLC and the THE ABILENE FLYING BISON BASEBALL CLUB (collectively “FLYING BISON”); (b) FLYING BISON are the exclusive owner of all copyrights and other proprietary rights in the Event and Event information; and (c) FLYING BISON, each of its respective parents, subsidiaries, affiliated and/or related entities, and each of the respective owners, shareholders, directors, officers, employees, agents, sponsors, partners, contractors, licensees, promoters, successors and assigns of the above entities (collectively, the “Released Entities”) shall have the unrestricted right and license to use Holder’s name, image, and/or likeness taken at or around WALT DRIGGERS FIELD, as applicable, and their surrounding areas including parking areas (collectively and as applicable, the “Venue”) as included in any broadcast, telecast, photograph, or in any other medium whether now known or hereafter devised. 

This ticket is a non-transferable revocable license. FLYING BISON reserves the right to revoke such license, in their sole discretion, at any time and for any reason, by tendering to Holder the purchase price of the ticket(s). The license granted by this ticket may also be terminated without refund of any portion of the purchase price if Holder violates these Terms and Conditions, appears to be or is intoxicated, engages in conduct deemed by the FLYING BISON to be improper, disorderly or unbecoming or uses vulgar or abusive language. Holder is also subject to seat relocation. By tendering this ticket to enter the Venue, Holder hereby consents to security screening, whether by walk-through metal detection, handheld metal detection, bag checks, or otherwise, and Holder hereby acknowledges and agrees that the Released Entities (see below) assume no liability to Holder’s person or property as a result of any such security screening and Holder waives any such related claims against the Released Entities.

ASSUMPTION OF RISK RELATED TO PERSONAL INJURY AND/OR PROPERTY DAMAGE – RELEASE and WAIVER OF LIABILITY OF RELEASED PARTIES 

RELEASED PARTIES – ABILENE SPORTS and ENTERTAINMENT LLC and THE FLYING BISON BASEBALL CLUB, the FLYING BISON, and McMurry University, and each of its respective parents, subsidiaries, affiliated and/or related entities, and each of the respective owners, shareholders, directors, officers, regents, employees, agents, sponsors, partners, contractors, licensees, promoters, successors and assigns of the above entities and university.

WARNING – STAY ALERT. Holder assumes all risk and danger incidental to the Event (including the game of baseball), whether occurring prior to, during or subsequent to, the actual Event, including specifically (but not exclusively), the danger of being injured or incurring property damage to personal effects and vehicles, by thrown or batted balls or other Event equipment, thrown or broken bats (or fragments thereof) or other Event equipment, persons or other items. Special effects may be used during the Event, which may not be safe for those with health conditions sensitive to light, noise or other extreme senses and may cause adverse health effects. Holder agrees that the Released Entities are not liable for any injuries, death, or loss of property resulting from such causes, and Holder hereby releases, holds harmless, and fully indemnifies all such persons and entities and waives any and all claims against all such persons and entities.

RELEASE OF LIABILITY AND COVENANT NOT TO SUE

HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY, MINOR AND THEIR RELATED PERSONS, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE VENUE OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, PREMISE LIABILITY OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE VENUE, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY RULES TO HOLDER OR ANY ACCOMPANYING PARTY.

The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Terms and Conditions shall not be affected thereby and shall remain valid and fully enforceable.

This acknowledgement and express assumption of risk, waiver of claims, and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.

IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT THE FOREGOING RIGHTS, RELEASES AND WAIVERS ON BEHALF OF ACCOMPANYING MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE EVENT WITH SUCH MINOR(S).

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED TO THE CONTRARY, THE RELEASES, INDEMNIFICATIONS, AND HOLD HARMLESS OBLIGATIONS CONTAINED IN THE TERMS OF THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW EVEN IF THE CLAIMS ARE CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE PERSON OR ENTITY SEEKING RELEASE, DEFENSE AND/OR INDEMNITY HEREUNDER. YOU AGREE THAT THIS PARAGRAPH, and THE PARAGRAPH ABOVE UNDER RELEASE OF LIABILITY, COMPLY WITH THE “EXPRESS NEGLIGENCE” DOCTRINE, TO EXPRESSLY STATE IN A CONSPICUOUS MANNER AND TO AFFORD FAIR AND ADEQUATE NOTICE THAT THE TERMS OF THIS AGREEMENT INCLUDE PROVISIONS REQUIRING THE HOLDER TO BE RESPONSIBLE FOR THE NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF ANOTHER PARTY and THE RELEASED PARTIES.

This ticket may not be resold or offered for resale in any manner not authorized by the FLYING BISON, or at a price in violation of any Federal, State, or local law or regulation. If the Event is a baseball game and such Event is canceled or rescheduled, this ticket may be exchanged for a ticket of equal or lesser value (if available) for any succeeding regular season game during the current season. For all Events, refund of added value ticket amount does not include any promotional value. No refunds or exchanges of expired tickets for any Events, except as specified herein.

ALL EVENT DATES AND TIMES SUBJECT TO CHANGE. SAFEGUARD YOUR TICKETS. RELEASED PARTIES ARE NOT RESPONSIBLE FOR LOST, DESTROYED, COUNTERFEIT, DUPLICATE OR STOLEN TICKETS.

NO SMOKING IN THE SEATING AREA. SMOKING PERMITTED IN DESIGNATED AREAS ONLY. NO CANS, GLASS BOTTLES, OR OUTSIDE ALCOHOLIC BEVERAGES PERMITTED IN THE VENUE. TICKET PRIVILEGES DO NOT REPRESENT A PROPERTY RIGHT. THE OPPORTUNITY TO RENEW OR PURCHASE A TICKET IS A PRIVILEGE GRANTED BY THE RELEASED PARTIES AND MAY BE WITHDRAWN AT THEIR DISCRETION. THIS TICKET IS YOUR TICKET AND WILL ALLOW ENTRY TO VENUE THE FIRST TIME IT IS SCANNED AND ALL OTHER TICKETS FOR THIS SEAT (WHETHER PAPER, DIGITAL, OR OTHERWISE) SHALL BECOME VOID. DUPLICATION MAY PREVENT YOUR ADMITTANCE TO THE EVENT. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INCONVENIENCE OR LOSS CAUSED BY DUPLICATION. IN THE EVENT DUPLICATE COPIES APPEAR, THE RELEASED PARTIES (OR ANY OF THEM) RESERVE THE RIGHT TO REFUSE 

FAN HEALTH PROMISE

Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder and/or any Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that neither Holder nor any Accompanying Party will attend the Event if on the date of the Event, they are required or recommended by Health and Safety Rules to stay at home, quarantine and/or isolate (e.g. as a result of testing positive for, experiencing symptoms of, or being in direct contact with someone who tested positive for, COVID-19 or other Communicable Disease).

A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.

ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES

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 in the Venue. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. 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. 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 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 Holder’s decision to use this ticket that cannot be eliminated.

The Flying Bison and the other Released Entities reserve the right to amend or supplement these Terms and Conditions and/or Venue policies. Information about, and/or revisions or amendments to these Terms and Conditions and/or Venue policies may be posted on this website from time to time. It is the responsibility of the Holder to read and comply with all information. The Released Entities are not responsible for problems, losses or inconveniences experienced because Holder did not read information regarding these Terms and Conditions and/or Venue policies.

Holder acknowledges that they have read the foregoing agreement and fully understand the provisions and covenants contained herein. Use of this Website and/or the ticket signifies your agreement to the Terms of Use and Privacy Policy.