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The sole and exclusive remedy for the holder of a valid ticket if admission is refused or withdrawn, or if the Event is cancelled and not rescheduled, is governed by the terms of the institution hosting the Event, and the ticket holder will not be entitled to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.
 

---

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.