2011 Ticket License Plan - Invoice Terms & Conditions

This Non-Renewable, Revocable Ticket License (this “License”) is offered by the New York Yankees (the “Yankees”) to the Licensee and is subject to the terms and conditions set forth in the booklet which contains the Tickets (the “Ticket Booklet”) and the terms and conditions set forth below. Payment by the Licensee to the Yankees for the Tickets constitutes Licensee’s acceptance of the License pursuant to the terms and conditions set forth in the Ticket Booklet and the terms and conditions set forth below. By accepting the License, Licensee acknowledges and agrees that it neither has a reasonable expectation to renew the License nor any right or privilege, implied or otherwise, to renew the License.

1. For the purposes of this License, the Licensee is the adult individual or legal business entity to whom the Ticket Account is registered in accordance with Paragraph 3, below. This License covers each Ticket Account pursuant to which the Licensee is permitted to purchase Tickets for all or a predetermined number of the New York Yankees Baseball Club’s (the “Club”) Regular Season home games (the “Games”). Each Ticket covered by the License represents a separate non-renewable, revocable License which only permits the bearer the right to: (a) enter the publicly-accessible areas of Yankee Stadium (the “Stadium”) at times determined by the Yankees; (b) attend the Game identified on the Ticket; and (c) sit in the seat location identified on the Ticket. This License, the Ticket Account and Tickets are revocable at the sole and absolute discretion of the Yankees, with or without cause, including, but not limited to, failure to pay. The Yankees reserve the right to take appropriate action against individuals who fraudulently obtain wheelchair and companion seats including, without limitation, ejection and legal action.
2. The License only covers the Games. By accepting the License, Licensee further acknowledges and agrees that it has no expectancy, right or privilege to any Tickets to “Postseason Games” played in by the Club (e.g., Division Series, League Championship Series, and World Series), or any other events held at the Stadium (e.g., the All Star Game, etc.). The purchase of Postseason Game and other event Tickets shall be subject to the terms and conditions as set forth, from time to time, by Major League Baseball (“MLB”), the Yankees or the other event promoter, as applicable. Any opportunity granted by the Yankees to renew the License or to purchase Tickets to Postseason Games or other events is a privilege revocable, at any time, in the Yankees’ sole and absolute discretion.
3. (a) The Ticket Account may only be registered in the name of one adult individual or legal business entity, who or which shall be identified as the Licensee in the Yankees’ Ticket Account database. In the event that the Ticket Account is registered in the name of a legal business entity, a “contact person” must be identified for the limited purpose of correspondence and contact; provided, however, in no event will the “contact person” be considered the Licensee. Payment of the Invoice by anyone other than the Licensee, and receipt of payment thereof by the Yankees, does not constitute or effectuate an assignment or transfer of the Ticket License.
   
   (b) The License, the Ticket Account, and/or any privileges the Licensee may have hereunder, shall not be assigned or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Licensee to any other person or entity without the express written consent of the Yankees. Please refer to the terms and conditions set forth in the Ticket Booklet for the procedures concerning changing the name/identity of the Licensee. Only the Licensee can request a Ticket Account be assigned or transferred.
4. Resale of Ticket(s): Any direct or indirect sale, resale, auction, assignment or transfer (collectively, “resale”) must be done in accordance with applicable law. Any resale in violation of applicable law will constitute a material breach of this License. Any attempt by two or more persons to gain admission to a Game or other event with both the cancelled Ticket and the reissued Ticket will constitute a material breach of this License. New York State law currently prohibits the resale of any ticket(s) within one thousand five hundred feet from the physical structure of the Stadium (including any building or other structure at which tickets are offered for first sale to the public) under penalty of law. No Ticket(s) may be used for advertising, promotion (including contests, giveaways or sweepstakes) or other trade or commercial purposes without the express prior written consent of the Yankees. The use of any Ticket for commercial or other transactions involving the Tickets in violation of this License, with or without the knowledge of the Licensee, is the sole responsibility of the Licensee, who shall remain absolutely and unconditionally responsible for any violations of the License and material breach of this License. Accordingly the Licensee should control and supervise the use of all Ticket(s) so that the License is not violated and the License is not materially breached. The Yankees reserve the right to investigate violations and/or alleged violations of the License. The failure of the Licensee or any person in possession of the Ticket(s) to cooperate with any investigation constitutes a material breach of this License.
5. WARNING: DURING ALL BATTING PRACTICES, FIELDING PRACTICES, WARM-UPS AND THE COURSE OF THE GAME EXPERIENCE, HARD HIT BASEBALLS AND BATS AND FRAGMENTS THEREOF MAY BE THROWN OR HIT INTO THE STANDS, CONCOURSES AND CONCESSION AREAS. FOR EVERYONE’S SAFETY, PLEASE STAY ALERT AND BE AWARE OF YOUR SURROUNDINGS. ANY GUEST WHO IS CONCERNED WITH HIS OR HER SEAT LOCATION SHOULD CONTACT ANY CUSTOMER SERVICE REPRESENTATIVE FOR AN ALTERNATE SEAT LOCATION. The bearer of the Ticket assumes all risk and danger incidental to the sport of baseball and all warm-ups, practices and competitions associated with baseball, including specifically (but not exclusively) the danger of being injured by thrown bats, fragments thereof, and thrown or batted balls and agrees that neither the Office of the Commissioner of Baseball, MLB Enterprises, Inc., MLB Properties, Inc., Baseball Television, Inc., MLB Advanced Media, L.P., the American and National Leagues of Professional Baseball Clubs, the Major League Clubs, nor any of their respective agents, players, officers, employees and owners shall be liable for injuries or loss of personal property resulting from such causes.
6. The Yankees reserve the right, with or without refunding the face value of the Ticket, to revoke the License, refuse admission or eject any person whose conduct is deemed to be disorderly, who uses abusive language, who fails to comply with the terms and conditions of the License or who interferes with any ball in the field of play or any player attempting to make a play on any batted, pitched or thrown baseball. Placing, dropping, tossing or hurling any substance or object in the Stadium is a crime punishable by fine and/or imprisonment as well as a civil penalty of up to $5,000. In addition, entering the playing field, disrupting a game and/or attempting any physical contact with a game participant, including the umpires, is a crime punishable by fine and/or imprisonment as well as a civil penalty of up to $25,000. Violators will be prosecuted to the fullest extent of the law. Violation of any of the foregoing by the Licensee or any person using a Ticket, as determined by the Yankees, may lead to the revocation of the License and termination of the Ticket Account.
7. The Licensee and persons using a Ticket shall adhere to the Stadium’s food and beverage policy which is posted in the Stadium and set forth in the Ticket Booklet.
8. The Yankees reserve the right to inspect any bags, clothing or other articles prior to entry into the Stadium and prohibit entry or require removal of any items which the Yankees deem inappropriate or potentially injurious to the Stadium, other patrons of the Stadium or field personnel.
9. BY USING THE TICKET, THE BEARER AGREES THAT: (a) HE/SHE SHALL NOT TRANSMIT OR AID IN TRANSMITTING ANY INFORMATION ABOUT THE GAME OR OTHER EVENT TO WHICH THE TICKET GRANTS ADMISSION, INCLUDING, BUT NOT LIMITED TO, ANY ACCOUNT, DESCRIPTION, PICTURE, VIDEO, AUDIO, REPRODUCTION OR OTHER INFORMATION CONCERNING THE GAME OR OTHER EVENT (COLLECTIVELY, “GAME INFORMATION”); (b) THE YANKEES, THE COMMISSIONER OF MAJOR LEAGUE BASEBALL OR THE OTHER EVENT PROMOTER IS THE EXCLUSIVE OWNER OF ALL INTELLECTUAL PROPERTY, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE GAME, THE OTHER EVENT AND GAME INFORMATION; AND (c) THE YANKEES, THE PARTICIPATING CLUB, THE COMMISSIONER OF MAJOR LEAGUE BASEBALL AND THE OTHER EVENT PROMOTER AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES SHALL HAVE THE UNRESTRICTED RIGHT AND LICENSE TO USE THE HOLDER’S LIKENESS IN ANY BROADCAST, TELECAST, FILM, AUDIO/VIDEO RECORDING OR PHOTOGRAPH TAKEN IN CONNECTION WITH THE GAME OR OTHER EVENT OR OTHER TRANSMISSION OR REPRODUCTION, IN WHOLE OR IN PART, OF THE GAME OR OTHER EVENT. In addition, the Licensee and persons using the Tickets shall not attach, hang or display any signs, banners, advertisements or other notices in the Stadium.
10. Please refer to the terms and conditions set forth in the Ticket Booklet for policies and procedures concerning: (a) lost Tickets; (b) stolen Tickets; (c) refunds; and (d) exchanges.
11. Rain Check Policy: Tickets are not subject to any refund and shall bear no cash value. In the event a regulation game as defined by MLB (i.e., four and one-half (4 ½) innings if the Club is ahead or five (5) full innings if the visiting club is ahead or the Game is tied) is not played due to any adverse weather condition, the Ticket will constitute a rain check that can be either: (a) used for admission to the rescheduled game, if any, subject to certain doubleheader limitations or (b) exchanged for a same-priced Ticket for any Game within 12 months of the originally scheduled Game, subject to availability. For complete details of the Rain Check Policy, please visit www.yankees.com.
12. The Yankees reserve the right at anytime, and without prior notice, to modify, amend or supplement the terms and conditions of this License and the terms and conditions with respect to the purchase of Ticket(s). The Club’s and the opponent club’s rosters, lineups, coaches and manager and the dates and times for each Game and other event are all subject to change.
13. The License is governed by New York law without regards to its conflict of law principles. The exclusive venue for any disputes arising out of the License shall be the United States District Court for the Southern District of New York or the Supreme Court of the State of New York sitting in Bronx County. Any written notice should be mailed to: New York Yankees, Yankee Stadium – Ticket Office, Attn: Ticket Manager, Bronx, New York 10451.
14. For additional information on your Ticket Account and other offers, please visit www.yankees.com.