2024 MVP Pass for Play-Action Plaza – Terms and Conditions
Updated April 3, 2024
These terms and conditions (the “Terms”) govern the 2024 MVP Pass for Play-Action Plaza between the HOF Village Newco, LLC and its subsidiaries (collectively “HOFV,” “we,” “us,” “our,” or “Sponsor”) and you (also referred to herein as “you,” “your,” “user” or “Holder”). By purchasing a season pass, you are purchasing a revocable limited license for Play-Action Plaza and agree to be bound by these Terms and our decisions which are final and binding.
Disputes
PLEASE BE ADVISED THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND HOFV CAN BE BROUGHT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE ANY DISPUTES WITH US ARISING OUT OF, OR RELATED TO THESE TERMS, TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS ACTION OR PROCEEDING.
Eligibility
The 2024 MVP Pass for Play-Action Plaza (“2024 MVP Pass”) is valid only for Play-Action Plaza rides located at 2101 Champions Gateway, Canton, Ohio 44708 for the 2024 season during regularly scheduled operating hours. The 2024 MVP Pass grants a revocable limited license exclusively to the registered season passholder (“Holder”) for admission and use on Red Zone (ferris wheel), Forward Pass (zipline) and Spike It (elevator-style ride with multiple ride modes) unless restricted by the safety guidelines posted at each ride, including but not limited to, height, weight, or physical limitations such as pregnancy or heart conditions.
Season Pass Limitations
A 2024 MVP Pass is not valid for private events, buyouts, rides that third party vendors may have on campus, or park closing due to special events at which an additional admission fee is charged. Fees for parking, food, merchandise, games, concerts, and special events are not included. All operating dates and hours for Play-Action Plaza are subject to change without notice. All rides are subject to closing or cancellation for weather-related or other conditions for the safety of our guests.
A 2024 MVP Pass is the property of HOFV and is not transferable, non-refundable, non-exchangeable, and not valid for cash. A 2024 MVP Pass may be revoked without refund for any reason at the sole discretion of HOFV. Behavior that may result in revocation includes, but is not limited to theft of property or services, violation of Federal, State or local laws, violation of HOFV rules or safety procedures, vandalism, disorderly conduct, intoxication, and possession of drugs or weapons, or possession of intoxicating liquors (except as properly purchased within the HOF Village with a valid identification and used responsibly).
If a 2024 MVP Pass is lost, stolen or forgotten, the pass can be replaced for a non-refundable replacement fee by the registered Holder. No refund will be provided due to any closure, capacity limitation, and/or full or partial shutdown resulting from any Federal, State or local government health or safety orders.
Assumption of the Risk
The Holder understands that there are inherent and other risks inherent in using the premises, including but not limited to uneven surfaces and sudden or abrupt changes in speed and/or direction, and that these risks can cause serious and even fatal injuries. The Holder explicitly assumes all risks, hazards and dangers associated with the operation of the rides and agrees to read and adhere to all safety and warning signs, instructions, and rules.
HOFV will not bear any responsibility for bodily injury and/or severe injury and/or death or loss to any person in connection with use, including the entrance into or departure from, the premises or rides.
Release and Limitation of Liability
In consideration of the above and being permitted to visit and use the HOFV Play-Action Plaza premises, the Holder explicitly agrees not to sue and releases HOFV from any and all liability if the Holder or any member of the Holder’s family suffers bodily injury and/or severe injury and/or death or loss in any way while using any of the HOFV rides or while being present at the premises, even if the Holder contends that such injuries are the result of negligence on the part of HOFV or HOFV staff.
Holders understand and agree we may use your image and likeness in any and all marketing, advertising, news media and web or social media materials. You understand HOFV does not owe you any compensation for use of the same and you agree to release us form any and all liability arising from or in connection with the taking, use, publication or dissemination of such materials.
Privacy
Information collected from consumers is subject to HOFV’s Privacy Policy.
Governing Law
These Terms and all related matters shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio, as they are applied to agreements entered and to be performed entirely within Ohio and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by Federal law.
Dispute Resolution, Arbitration Agreement and Class Action Waiver
(a) Agreement to Binding Arbitration Between You and HOFV
YOU AGREE TO WAIVE YOUR RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives after the Terms terminate or your relationship with HOFV ends. ANY ARBITRATION UNDER THIS ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and HOFV, including their affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
ALL DISPUTES YOU MAY HAVE WITH, AND CLAIMS AGAINST HOFV (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND HOFV. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to the corresponding benefits, the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), payments made by you or any payments made or allegedly owed to you, any promotions or offers made by HOFV, any city, county, state or federal trade secrets, unfair competition, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief
YOU UNDERSTAND AND AGREE THAT YOU MAY BRING CLAIMS IN ARBITRATION AGAINST HOFV ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION 12(B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST HOFV, WHICH ARE ADDRESSED SEPARATELY IN OTHER SECTIONS.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
(c) Rules Governing Arbitration
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in the Terms. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and HOFV will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
The case shall be heard by one arbitrator, who shall be an executive with a company in the entertainment event production industry and will be conducted in English. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d) Arbitration Fees and Awards
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modification: The arbitrator, in the award, shall allocate all arbitration fees in his/her sole discretion and shall have the power to charge reasonable attorney fees of the successful party to the losing party.
(e) Location and Manner of Arbitration
Unless you and HOFV agree otherwise, any arbitration hearings between HOFV and a user will take place in the State of Ohio in the county of Stark and shall take place in English. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(f) Severability of Arbitration Agreement provisions
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
(g) Optional Pre-Arbitration Negotiation Process
Before initiating any arbitration or proceeding, you and HOFV may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and HOFV. If you intend to seek negotiation under this subsection must first send HOFV a written notice of the dispute (“Notice”) to HOFV at 2014 Champions Gateway, Canton, OH 44708. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by HOFV, its agents, employees, officers, directors, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties.
Contact Us
If you have any questions or comments, including if you need to access these Terms in an alternative format, please contact us via e-mail at info@hofvillage.com.