Presenting a ticket which incorporates these Ticket Terms to attend any event or affiliated activities leading up or related to, or otherwise being present at any Mid-America Intercollegiate Athletics Association’s (“MIAA”) event (hereinafter, including any related activities, the “Event” or collectively “Events”) means you (“Ticket holder”) agree to the MIAA’s Ticket Terms, including LIMITATIONS OF LIABILITY AND REMEDIES; ASSUMPTION OF RISK; and GRANT OF PUBLICITY RIGHTS as set forth herein. In the event of any conflict between the terms of these Ticket Terms and any other terms, conditions, policies, or other rules of the hosting institution applicable to the Event, then these Ticket Terms shall control with respect to the MIAA and such other rules shall control with respect to the hosting institution or other parties as provided therein.

The sole and exclusive remedy for the holder of a valid ticket if admission is refused or withdrawn, or if the Event is cancelled and not rescheduled, is governed by the terms of the institution hosting the Event, and the ticket holder will not be entitled to any refund nor any consequential, incidental, indirect, or exemplary damages of any kind from the MIAA. Further, the MIAA’s liability for any breach of any term of this ticket shall not exceed the face value of the ticket.

THE DATE AND TIME OF THE SPECIFIED EVENT (AND THE OPENING OF THE GATES) ARE SUBJECT TO CHANGE BY THE HOSTING INSTITUTION’S SOLE DISCRETION OR AS A RESULT OF EVENTS BEYOND THEIR OR THE MIAA’S CONTROL. NO REFUND OR OTHER REMEDY WILL BE PROVIDED IF THE TICKET HOLDER CANNOT ATTEND THE RESCHEDULED EVENT.

TEMPERATURE CHECK AND CONSENT TO SEARCH: Ticket holder may be subject to a temperature check and your belongings may be searched. Prohibited items may be confiscated prior to entry or at any time while at the Event. The ticket holder has read and must comply with all conditions and/or security policies, including but not limited to any applicable bag policy, code of conduct, site rules, or access agreement(s). By tendering the ticket and entering the Event, the ticket holder consents to such searches and waives any related claims that s/he might have against the Releasees (as defined below). If the ticket holder elects not to consent to these searches or comply with these security policies, the ticket holder acknowledges that the MIAA and the hosting institution have the right to deny entry or eject the ticket holder.

GENERAL ASSUMPTION OF RISK: The ticket holder assumes all risks incident to the Event, including the risk of lost, stolen or damaged property or personal injury of any kind. THE TICKET HOLDER VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH) AND ALL OTHER HAZARDS ARISING FROM OR RELATED IN ANY WAY TO THE EVENT, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT. MORE SPECIFICALLY, THE TICKET HOLDER HEREBY ASSUMES ALL RISK OF INJURY RESULTING FROM, OR IN CONNECTION WITH THE EVENT, INCLUDING WITHOUT LIMITATION THE RISK OF INJURY DUE TO THE NEGLIGENCE OR MISCONDUCT OF OTHER SPECTATORS. THE TICKET HOLDER AGREES THAT THE RELEASEES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE OR INJURY. The ticket holder shall be responsible and pay for all damages, losses and expenses, including, without limitation, bodily injury, death or injury to or destruction of property, to the extent attributable to the ticket holder’s negligence, fault or misconduct while in or around the Event or its environs. The ticket holder shall defend, indemnify and hold harmless the entities and persons released hereunder from and against all claims, damages, losses and expenses, including attorneys’ fees, to the extent attributable to the ticket holder’s negligence, fault or misconduct while in or around the Event or its environs.

EXPRESS COVID-19 ASSUMPTION OF RISK: The ticket holder hereby expressly acknowledges and understands that the World Health Organization has declared COVID-19 a worldwide pandemic. COVID-19 is extremely contagious and spreads mainly from person-to-person contact. Based on currently available information and clinical expertise, older adults and people of any age who have serious underlying medical conditions may have a higher risk for severe illness from COVID-19. There have been recommended guidelines and preventative measures put in place to reduce the spread of COVID-19; however, it CANNOT be GUARANTEED that each ticket holder will not become exposed to or infected with COVID-19. Furthermore, the MIAA EVENT could increase ticket holder’s risk of contracting COVID-19. By attending the Event, ticket holder acknowledges the extremely contagious nature of COVID-19 and voluntarily assume the risk that ticket holder may be exposed to or infected with COVID-19, and that such exposure or infection may involve the RISK OF SERIOUS INJURY, ILLNESS, PERMANENT DISABILITY AND/OR DEATH. Ticket holder understands that the risk of becoming exposed to or infected with COVID-19 may result from the actions, omissions, or negligence of others and ticket holder hereby expressly assume all such risks and dangers whether presently known or unknown.

INFORMED CONSENT AND VOLUNTARY ATTENDANCE REGARDING COVID-19: Ticket holder fully acknowledges and understands that COVID-19 is extremely contagious. Ticket holder has taken it upon yourself to be fully informed of the numerous risks and potential dangers associated with COVID-19, including SUFFERING SEVERE PERSONAL INJURY, ILLNESS OR DEATH. Ticket holder acknowledges that you have been informed that your PERSONAL SAFETY CANNOT BE GUARANTEED. Ticket holder acknowledges that your attendance at the Event is completely voluntary, and you believe that the potential benefits of attending the Event outweigh the risk and danger associated with COVID-19. For more information please see the Center for Disease Control and Preventions’ site at https://www.cdc.gov/coronavirus/2019-nCoV/index.html. 

TICKET HOLDER COVID-19 PERSONAL OBLIGATIONS: Ticket holder acknowledges that it is your responsibility to do all of the following: (1) exercise caution and follow any CDC or OSHA issued protocols (including without limitation those guidelines specifically referenced by MIAA) to protect your health; (2) stay home if you are experiencing symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, and (3) stay home if you have a suspected or diagnosed/confirmed case of COVID-19.

PUBLICITY GRANT AND WORKS LICENSE: The ticket holder grants to the MIAA, its Member institutions, and their respective designees the irrevocable permission to use your voice, image, and/or likeness in any and all media now or hereafter existing in connection with all or any part of the football game or related events, for any purpose whatsoever, including the commercial purposes of the MIAA, its Member institutions and their respective sponsors, licensees, advertisers and/or broadcasters, without further permission or compensation and hereby waives any and all claims or potential claims relating to such use. Ticket holder may not transmit or aid in transmitting any photographs, images, videos, livestreams or other accounts or descriptions (whether text, data or visual) in any media of all or any part of the football game or related events (the “Works”).  Transmission or other distribution by, to, or for any commercial enterprise, and any public performance or display, direct or indirect, are also strictly prohibited.  Ticket holder agrees that by tendering this ticket and entering the Event area, ticket holder shall be understood to have granted the MIAA, its Member institutions, and their designees an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works.

WAIVER AND RELEASE: TICKET HOLDER, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN), HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE MIAA, AND ITS EMPLOYEES, OFFICERS, MEMBERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND MIAA MEMBER INSTITUTIONS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COACHES, PLAYERS, PARTICIPANTS, VOLUNTEERS, ADMINISTRATORS AND INDEPENDENT CONTRACTORS (COLLECTIVELY, THE “RELEASEES”), FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, DEBTS, DUES, SUMS OF MONEY, BONDS, BILLS, BALANCES, LOSSES, COSTS, EXPENSES, DAMAGES, COVENANTS, AGREEMENTS, COMMITMENTS, UNDERTAKINGS, PROMISES, LIABILITIES, OBLIGATIONS, LAWSUITS, JUDGMENTS, ORDERS AND DEMANDS WHATSOEVER, IN LAW, AT EQUITY OR OTHERWISE, OF WHATEVER KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ASSERTED, ACCRUED, UNACCRUED, ACTUAL, CONTINGENT, OR OTHERWISE, DIRECT OR INDIRECT AND WHETHER OR NOT CONCEALED OR HIDDEN ARISING OUT OF, ON ACCOUNT OF OR RELATING TO ANY INJURY, ILLNESS OR DEATH (INCLUDING BUT NOT LIMITED TO INJURY, ILLNESS OR DEATH RESULTING FROM COVID-19) ARISING OUT OF OR RELATED TO ANY OF THE MIAA EVENTS YOU ATTEND (HEREINAFTER, THE “RELEASED CLAIMS”). YOU COVENANT THAT YOU SHALL NOT DIRECTLY OR INDIRECTLY, BRING, COMMENCE, INSTITUTE, MAINTAIN, PROSECUTE, AID OR FUND IN ANY WAY ANY ACTION OF ANY KIND OR OTHERWISE ASSERT AGAINST ANY OF THE RELEASEES ANYWHERE IN THE WORLD ANY RELEASED CLAIM. TICKET HOLDER FURTHER AGREES THAT THE FORGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO YOUR MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF THEIR VISITING THE PROPERTIES USING TICKET(S) YOU PURCHASED OR RECEIVED OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR ATTENDANCE AT AN EVENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TICKET HOLDER FURTHER AGREES THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED IN TO ON YOUR BEHALF, AS SET FORTH ABOVE, AND ALSO ON THE BEHALF OF ANY OTHER INDIVIDUAL WHO USES A TICKET PURCHASED OR RECEIVED BY YOU TO ENTER THE EVENT.

INDEMNITY AND HOLD HARMLESS: Ticket holder hereby agrees to DEFEND, INDEMNIFY AND HOLD HARMLESS, to the fullest extent permitted by law, the RELEASEES from losses, liabilities, obligations, claims, damages, settlements, injunctions, suits, actions, proceedings, demands, charges, fines, penalties, costs and expenses of every kind and nature, including reasonable fees, expenses and disbursements of attorneys, accountants and other professionals imposed upon, asserted against or incurred by any RELEASEE in connection with, arising out of or relating to (i) any Released Claim or (ii) the MIAA Events, in each of (i) and (ii), whether caused by the ordinary negligence of the RELEASEES or otherwise and including and/or arising out of improper and/or tortious conduct in connection therewith by you or any other individual who uses a ticket purchased or received by you to enter the Event.

SEVERABILITY: The terms and conditions in these Ticket Terms, and all parts hereof, are separable, severable and divisible in all respects, and the unenforceability of any specific provision of these terms and conditions or part hereof shall not affect the validity of any other provisions or part hereof and are in addition to any other terms, conditions, policies, or other rules of the hosting institution or any other party. In the event that any provision of these terms and conditions or part thereof is determined by a court to be unenforceable or invalid under applicable law, including, but not limited to, a determination that any provision herein is excessively broad as to time, duration, scope, activity or subject, then such court shall either reform said provision or part thereof so that it shall be enforceable to the fullest extent permitted under applicable law or construe these terms and conditions in all respects as if said provision or part thereof had been omitted.

ACCEPTANCE OF TERMS: Ticket holder hereby accepts, by presenting this ticket for entry to an Event, all terms set forth herein and acknowledge this is the complete agreement between the parties regarding these issues, and agrees and acknowledges that NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE APART FROM THIS AGREEMENT. YOU HAVE COMPLETELY READ EACH PAGE OF THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT THESE TERMS AFFECT YOUR LEGAL RIGHTS. YOU AGREE TO THESE TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE AND YOU PROVIDE THE COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.