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Online Terms & Conditions of sale ("Terms")

EACH PACKAGE AND ANY ADDITIONAL ELEMENTS LICENSED HEREUNDER IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW, THE TERMS OF THE USE SET FORTH AT HTTPS://NFLONLOCATION.COM/TERMS-CONDITIONS/, THE PRIVACY POLICY SET FORTH AT HTTPS://NFLONLOCATION.COM/PRIVACY-POLICY/ AND THOSE ISSUED BY THE PGA OF AMERICA (“PGA”), RYDER CUP EUROPE, LLP (“RCE”) OR LICENSOR AS DESCRIBED HEREIN. These terms and conditions are applicable to Licensee and its employees, agents, representatives, invitees or guests and each Ticketholder (as defined below) and any minor accompanying any Ticketholder to the Tournament and /or Events (“Minors”). These terms and conditions also contain a binding individual Arbitration Agreement (as defined below) and class action waiver provision below that affects Licensee’s rights hereunder and with respect to any Dispute (as defined below) between Licensee and Licensor. Licensee has a right to opt out of the Arbitration Agreement and class action waiver provisions as further described below. For purposes of this Agreement: “OLE Entities” shall mean On Location Events, LLC, its owners, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, representatives, agents, employees, successors and assigns. “PGA Entities” shall mean the PGA, RCE, their owners, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, representatives, agents, employees, successors and assigns.

PAYMENTS: All payments of the Total Package are non-refundable and must be paid, in full, on or before the Payment Date Deadline. Licensor shall not be obliged to provide packages (or any elements thereof) or Additional Elements, if any, until Licensor receives the full and timely payment of the Total Package Fee. In the event Licensee executes this Agreement, but fails to make the Initial Payment, this Agreement, after a ten (10) day grace period, shall be deemed null and void and Licensor shall have no obligation to Licensee with respect to the Packages (or any element thereof) or Additional Elements, if any. If the Initial Payment is made via credit card, Licensee hereby authorizes Licensor to charge such credit card up to the amount of Total Package Fee in accordance with the payment schedule set forth above. Licensee further agrees that if such credit card expires, is invalid, deleted or otherwise incapable of effecting payment on the respective payment date, Licensor will notify Licensee of such failure and permit Licensee five (5) business days to make the applicable payment via an alternative method. If payment is still not received within such period, this Agreement will be deemed null and void and the License (as defined below) granted hereunder will be terminated. Licensee agrees not to seek a “chargeback” from the issuer of any such credit card used to pay the Total Package Fee (or any portion thereof); however, in the event Licensee attempts to do so, Licensor may, in its sole discretion, terminate this Agreement and retain all previous payments of the Total Package Fee. Licensee’s failure to pay the Total Package Fee, in full, on or before the Payment Date Deadline (or any partial payment on its respective due date as set forth above) shall constitute a default by Licensee. Upon the occurrence of any payment default, Licensor shall have the right to immediately terminate this Agreement without notice, license the Packages and/or Additional Elements to any third party in its sole discretion and retain all previous payments made without refund or offset. Licensee shall not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to the Packages and/or Additional Elements.

LICENSEE ACKNOWLEDGES AND AGREES THAT ALL SALES ARE FINAL. LICENSEE FURTHER AGREES THAT NO PARTIAL OR FULL REFUNDS, CANCELLATIONS OR EXCHANGES FOR ANY REASON, WILL BE MADE EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WITHOUT LIMITING THE FOREGOING IN THE EVENT OF ANY CANCELLATION BY LICENSEE (OR OTHER FAILURE BY LICENSEE TO USE ANY PACKAGE OR ADDITIONAL ELEMENT), LICENSEE SHALL BE OBLIGATED TO REIMBURSE LICENSOR, IN FULL, FOR ANY OUT-OF- POCKET OR OTHER AMOUNTS EXPENDED BY LICENSOR RELATING THERETO AND FOR WHICH LICENSOR DOES NOT RECEIVE A FULL REFUND FROM ANY APPLICABLE COUNTERPARTY. ALL PAYMENTS OF THE TOTAL PACKAGE FEE ARE NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.

TAXES: The Total Package Fee is inclusive of all applicable sales or use taxes, except as specified on specific Package elements. Accordingly, unless determined otherwise by a legitimate taxing authority, Licensee shall not be liable for additional payment of sales or use taxes. Notwithstanding the foregoing, Licensee shall pay and/or be responsible for paying any applicable taxes not included in the Total Package Fee regardless of when or upon whom such taxes may be levied, assessed or imposed by any such legitimate taxing authority. If such taxes are not collected directly from Licensee by any such legitimate taxing authority and paid by Licensor directly, all such taxes shall be immediately due and payable by Licensee to and upon demand by Licensor. Licensee shall reimburse Licensor for any fees, penalties or interest paid by Licensor with respect to such sales or use taxes.

ADMISSION: Each Ticket represents a revocable license (“License”) to access the Venue solely for the Tournament or for entry to the applicable Event. By using a Ticket for admission to attend the Tournament or any Event, each Ticketholder (“Ticketholder”), on his/her own behalf and on behalf of any Minor agrees to these terms and conditions as well as those on the reverse of any Ticket. Admission may be refused or withdrawn, or Ticketholder ejected in the sole discretion of the PGA or Licensor, as applicable. The sole and exclusive remedy if admission is refused or withdrawn is a refund of the face value of the Ticket. Licensor reserves the right to terminate the License and this Agreement by tendering to License the Total Package Fee. Licensor reserve the right, in its sole discretion, with or without refunding any amount paid to revoke the License and refuse admission to and/or eject Ticketholder and/or Minors who: (a) violates the terms and conditions of this Agreement; (b) is or appears to be impaired or intoxicated by illegal substances or alcohol; (c) deliberately conceals alcohol, illegal substances and ;or other prohibited items while attempting to enter the Venue; (d) behaves in a manner that is deemed by any of the Released Parties (as defined below) to be improper, disorderly or unbecoming; (e) uses foul and/or abusive language; or (f) displays and/or wears and fails to cover obscene, indecent and/or inappropriate clothing. Ticketholder and his/her belongings may be searched prior to or upon entry in the Venue or any Event, and prohibited items may be confiscated. Licensee and Ticketholder, on his/her own and the Minors’ behalf, consents to all reasonable security searches and/or screenings, including the use of metal detectors and physical pat-down upon entering the Venue or Event, as applicable, and waives all claims against the Released Parties (as defined below) related thereto. Ticketholder must comply with PGA’s or Licensor’s security policies, including any applicable bag policy. If Ticketholder elects not to consent to these searches or comply with these security policies, Ticketholder acknowledges that the PGA and/or Licensor have the right to deny Ticketholder entry to the Tournament and/or Events. No refund or other remedy will be provided if Ticketholder is ejected or refused entry due to disorderly conduct or failure to comply with these terms and conditions or any security policies prior to or following entry into the Venue or any Venue. Licensor and the PGA make no representatives or warranties concerning, without limitation, the condition of the Venue or any Venue or the Venue’s or such Venue’s suitability for any particular purpose, and Licensee, Ticketholder, on his/her own and the Minors’ behalf, accepts the Venue and each Venue as is. Ticketholder may be relocated to an alternative seating location in the sole discretion of the PGA and/or Licensor and no such relocation shall entitle Licensee or Ticketholder to a refund, make-good or other remedy if Ticketholder is relocated to a comparable seating location in the Venue.

ACCESSIBILITY: The PGA and Licensor strive to provide and accessible environment for all fans. Wheelchair accessible and aisle-transfer (semi- ambulatory) seating locations are offered at various price points and locations, subject to availability. Enhanced accessibility for Ticketholders with hearing loss or low vision and for Ticketholders who are deaf or blind may also be available. In the event such seating location is required, Licensee must notify Licensor on the Effective Date. Please select the location or price point that best fits your needs. For more details regarding wheelchair accessible and/or aisle-transfer seating locations, please call +1 (800) 683-4846.

RESALE TRANSFER OF PACKAGE: Except to the extent permitted by applicable federal, state or local law, statute, regulation or ordinance, Packages may not be resold or offered for resale without Licensor’s consent, which may be withheld, conditioned or delayed. Any resale in violation of applicable law will invalidate this Agreement and revoke the License granted hereunder. Furthermore, Licensee shall not use Packages (or any element thereof) or the Restricted Marks (as defined below) for advertising, marketing, promotions or any commercial purposes, including, without limitation, contests, auctions, sweepstakes and giveaways, with the express consent of the PGA and Licensor, which may be withheld, conditioned or delayed. Licensee should identify each potential Ticketholder on the Effective Date. If the ultimate Ticketholders are not identified in a timely basis, certain amenities may not be available, including services to identify the correct Ticketholder if any Ticket is lost, stolen or destroyed. After Effective Date, Ticketholders may be identified by notifying a Licensor sales representative. No Ticketholder may enter the Venue or any Venue for advertising, promotion or any other commercial purposes without the PGA’s or Licensor’s express written consent.

DELIVERY: Packages will be delivered to Licensee in accordance with the policies established by Licensor. Please contact a Licensor sales representative for the delivery schedule. Neither the PGA nor Licensor is responsible for lost, stolen, or destroyed Tickets.

CANCELLATION OR RESCHEDULING: The location, date and time of the Tournament and any other Events are subject to change by the PGA or Licensor, respectively, in each of their sole discretion, and no such change shall entitle Licensee or Ticketholder to a refund or any other remedy in the event that Licensee or Ticketholder cannot attend the Tournament and/other Event for any reason due to such change. Any element of the Package(s) may be cancelled, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in the PGA’s or Licensor’s sole discretion, as applicable, or due to the actions or events beyond the reasonably foreseeable control of the PGA or Licensor. Neither the PGA nor Licensor will be liable to Licensee or any other party because of any failure to perform hereunder due to fire, earthquake, rain, flood or any other acts of God, power failures, electrical or mechanical difficulties, strikes, lockout, work stoppages or other labour disturbances, governmental regulations or restrictions, terrorism, war civil disturbances or any other cause or condition, whether similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of the PGA or Licensor (“Force Majeure”). Delay in the performances of this Agreement caused by any Force Majeure shall not constitute a breach of this Agreement or a ground for cancellation, suspension or termination hereof.

LIMITATION OR LIABILITY: BY ENTERING THIS AGREEMENT, LICENSING AND ACCEPTING THE PACKAGE OR ANY ELEMENT THEREOF, LICENSEE (AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS) AND EACH TICKETHOLDER AGREES THAT LICENSOR; THE PGA ENTITIES; THE OLE ENTITIES AND ANY OTHER PARTIES INVOLVED IN THE EXECUTION OF THE TOURNAMENT, DELIVERY OF THE PACKAGES OR ANY ELEMENT THEREOF; EACH OF THE FOREGOING ENTITIES RESPECTIVE PAST, PRESENT AND FUTURE LICENSEES, SPONSORS, VENDORS, SUCCESSORS AND ASSIGNS; THE OWNER AND/OR OPERATOR OF THE VENUE; AND ANY LOCAL OR STATE GOVERNMENTAL BODY ASSOCIATED WITH THE TOURNAMENT OR EVENT (THE “RELEASED PARTIES”) SHALL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER LOSS SUFFERED BY TICKETHOLDER AND/OR MINORS OR LICENSEE (AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS), FOR ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, THEFT OR VANDALISM, ARISING FROM PARTICIPATION IN ATTENDANCE AT AND/OR OBSERVATION OF THE TOURNAMENT AND/OR ANY EVENT AND/OR THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, INCLUDING CLAIMS FOR INVASION OF PRIVACY, DEFAMATION, VIOLATION OF ANY RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER CAUSE OF ACTION ARISING OUT OF THE PRODUCTION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, PUBLICATION, PUBLIC PERFORMANCE, BROADCAST OR EXHIBITION OF ADVERTISEMENTS, PROMOTIONS, CONTENT, PROGRAMS AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OR TICKETHOLDER AND/OR MINORS FROM THE TOURNAMENT AND/OR ANY EVENT APPEAR, WHETHER SUCH RECORDING AND PHOTOGRAPHS ARE CAPTURED PRIOR TO, DURING OR SUBSEQUENT TO THE TOURNAMENT OR THE OTHER EVENTS (COLLECTIVELY, THE “RELEASED CLAIMS”). LICENSEE AND EACH TICKETHOLDER, ON HIS/HER OWN AN THE MINORS’ BEHALF, HEREBY RELEASES AND FOREVER DISCHARGES THE RELEASED PARTIES FROM AND AGAINST ALL RELEASED CLAIMS. FURTHERMORE, LICENSEE AND EACH TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, COVENANTS NOT TO SUE ANY OF THE RELEASED PARTIES IN CONNECTION WITH ANY OF THE RELEASED CLAIMS. BY ATTENDING THE TOURNAMENT AND/OR ANY EVENT, TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT TICKETHOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE MINORS, TICKETHOLDERS SHOULD NOT ENTER THE VENUE OR IMMEDIATELY LEAVE WITH THE MINORS. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL ANY LIABILITY OF ANY OF THE RELEASED PARTIES EXCEED THE TOTAL PACKAGE FEE, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

ASSUMPTION OF RISK: TICKETHOLDER ACKNOWLEDGES AND ASSUMES ALL RISKS AND DANGERS ASSOCIATED WITH ATTENDING THE TOURNAMENT AND/OR ANY EVENT WHETHER ANY SUCH RISK OR DANGER OCCURS PRIOR TO, DURING OR SUBSEQUENT THERETO.

ADDITIONAL COSTS: THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE PACKAGE OR LICENSEE’S USE OF ANY ELEMENTS THEREOF, INCLUDING AND TRAVEL, LODGING OR TRANSPORTATION ARRANGEMENTS MADE BY LICENSEE. THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS MADE ANY THIRD-PARTY SALES AGENT OR OTHER THIRD PARTIES IN ANY BROCHURES OR OTHER SALES MATERIAL.

PRIVACY: Licensee and each Ticketholder has read, covenants to read and expressly agrees with Licensor’s Privacy Policy set forth at https://nflonlocation.com/privacy-policy/. In accordance therewith and the terms hereof, any information, including personally identifiable information, provided by Licensee or collected by Licensor pursuant hereto or otherwise in conjunction with the Packages shall be jointly owned by the OLE Entities (collectively the “Data Parties”). The Data Parties will use Licensee’s customer data in accordance with their respective privacy policies, without any additional permissions or authorizations, and applicable federal, state and local law. Licensee may opt of receiving commercial e-mails, communication from Data Parties and their licensees and assignees or other notifications from any authorized sender by clicking on the opt-out or "“"unsubscribe" link included therein. Licensee can also elect for Licensor to not share its information with third parties for third party marketing purposes by emailing any sales representative or writing to On Location Events, LLC, 805 3 rd Avenue, 31 st Floor, New York, New York 10022, Attention: Privacy Administrator.

VOICE AND LIKENESS RELEASE: Licensee and each Ticketholder, on behalf of him/herself and the Minors, agree that: (a) Ticketholder and Minors will not transmit or aid in transmitting any photographs, images, videos or other accounts or descriptions (whether text, data or visual) in any media of all or any part of the Tournament and/or any Event for commercial purposes (collectively, the “Works”); (b) the Data Parties are the exclusive owner(s) of all copyrights and other proprietary rights in the Tournament, any Event and the Works and (c) the Data Parties and their respective sponsors, assignees and licensees will have the unrestricted right and license to use Ticketholder’s and/or Minors’ image, likeness, name, voice, comments and/or other proprietary or public rights in any live or recorded broadcast, telecast, photograph, video, audio, audio-visual and/or other recording taken in connection with the Tournament, Event or other transmission, distribution, public performance or reproduction in whole or in part thereof, for all purposes, worldwide, in perpetuity, and in any and all media nor or hereafter know without compensation or consideration, notification or permission, unless otherwise prohibited by applicable law. Ticketholder agrees that by using any Ticker for entry to the Tournament and/or applicable Event, Ticketholder shall be understood to have accepted the terms and conditions of this Agreement and granted the Data Parties an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works. Licensee and each Ticketholder, on behalf of him/herself and the Minors, grants to the Data Parties and their respective broadcasters and other designees the irrevocable to use his or her voice, image, and/or likeness in any media nor or hereafter existing in connection with all or any part of the Tournament and/or applicable Event, for any purpose whatsoever, including the commercial purposes of the Data Parties and their respective sponsors, licensees, advertisers and/or broadcasters, without further permission or compensation and herby waives all claims or potential claims relating to such use. The rights granted herein to the Data Parties are assignable.

NO TRANSFER OF INTELLECTUAL PROPERTY: Licensee and each Ticketholder shall not use, display or exploit any trademarks, copyrights, trade dress, names, symbols, service marks, emblems or logos of, or other indicia adopted for commercial purposes by Licensor (the “OLE Marks”) or the PGA Entities, including names, symbols, emblems, designs and colours of the PGA and any other indicia adopted for commercial purposes by any of the PGA Entities, and all goodwill pertaining thereto (“PGA Marks” together with OLE Marks, the “Restricted Marks”). Nothing herein grants Licensee the right to use the Restricted Marks, which are and shall remain the sole property of Licensor or the PGA Entities, as applicable. Licensee acknowledges and agrees that all right, title and interest in and to the Restricted Marks belongs exclusively to Licensor and the PGA, respectively. Licensee agrees that the Restricted Marks possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained by their unauthorized use. Licensee recognizes that irreparable injury would be caused by unauthorized use of any Restricted Marks, and agrees that Licensor or the PGA shall have the right to seek injunctive and other equitable relief in the event of such unauthorized use, and that such remedy would not be exclusive of other legal remedies available to Licensor or the PGA. Licensee shall not challenge the validity or ownership of trademarks, copyrights or other proprietary rights associated with the Restricted Marks.

INDEMNIFICATION: Licensee will indemnify, defend and hold harmless the Released Parties from and against all third-party demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) this Agreement, (ii) Ticketholder’s and/or Minors’ attendance at, observation of and/or participation in the Tournament and/or any Event, (iii) Licensee’s (and its employees, agents, representatives, invitees or guests) acts or omissions or (iv) Licensee’s (and its employees, agents, representatives, invitees or guests) actual or alleged breach of any of the terms, conditions of this Agreement. No partner, investor officer, director, member, manager, stockholder or other holder of an ownership interest of or in any Released Party shall have any personal liability in respect of such Released Party’s obligations hereunder by reason of his or it status as such limited partner, investor, officer, director, member, manager, stockholder, or other interest holder.

NO PARTNERSHIP: Nothing in this Agreement will create any association, partnership, joint venture or agency relationship between any of the Released Parties and Licensee. Licensee shall not have the power to obligate or bind the Released Parties in any manner. Licensor and Licensee each represents and warrants that such party has the right, power and legal authority to enter into and fully perform this Agreement, when executed and delivered by such party will be a legal, valid and binding obligation enforceable against such party in accordance with its terms and conditions. Each party further covenants to comply with all applicable federal, state and local laws, rules and regulations in connection herewith.

THIRD PARTY SERVICES: Licensee acknowledges that third parties offering certain services, products and/or activities may require signature of a separate liability waiver prior to participating in the services, products and/or activities offered. Licensee understands that any violation of any such Service Provider’s rules and restrictions may result in cancellation of Licensee’s reservation(s), in being denied access to the application services, products and/or activities, in forfeiting any monies paid for such reservation(s) an/or in Licensor charging Licensee’s account for any costs incurred as a result of such violation, Licensor does not endorse, certify or guarantee the quality of services provided by any Service Provider. By licensing a Package, Licensee acknowledges and agrees not to hold the Released Parties responsible for the quality of the services or Lodging provided by any such Service Providers. The Released Parties shall not be liable for any act or commission by, the negligence or wilful misconduct of, or breach in performance of any Service Providers. If Licensee purchases Lodging on the Effective Date, specific room types will be assigned based upon current hotel availability and Licensee’s request; however, Licensor reserves the right to change hotel assignments based on room type requests or for the general convenience of all hotel quests. In the unlikely event that Licensor must change any assigned room due to circumstances beyond Licensor’s reasonable control, then Licensee will be offered a replacement rom of equal or better value. Licensor is not liable for any additional costs incurred due to Licensee’s relocation by a Service Provider. Any additional amenities (i.e. breakfast) are a third-party service, subject to applicable policies established by the Service Provider who may change such policies without notice to Licensor or Licensee; however, Licensor shall use commercially reasonable efforts to obtain prior written notice of any such changes, which shall be promptly forwarded to Licensee for review. Licensee agrees that all incidentals offered by the hotel are of a personal nature (room service, telephone charges, laundry, special food requests, etc.) and will be paid directly to the hotel by Licensee. Any meals not specified as part of any Package are not included in the Total Package Fee and must also be paid separately by Licensee.

TRAVEL AND LODGING: Unless otherwise stated herein, Packages do not include airfare, ground transportation or Lodging; however, such Additional Elements may be book separately through Licensor’s representatives and affiliates. Additional terms and conditions will apply to Licensee’s reservation and purchase of travel-related Additional Elements provided by any third party (each a “Service Provider”). Transportation is not provided to or from the Tournament or any Event included in the Package, unless otherwise expressly stated. Packages also do not included transfers to and/or from any airport unless otherwise purchased separately.

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”). Licensor cares deeply about maintaining a good relationship with its customers. If Licensee has any issue with the Package or any element thereof (“Dispute”), a telephone call to Licensor’s customer service department will, in all likelihood, resolve the Dispute quickly and amicably; however, there may be instances when a Dispute requires special attention. In such instances, Licensor is committed to working with Licensee to reach a reasonable resolution that satisfies both parties. Licensor can only do so once Licensee brings the Dispute to Licensor’s attention. Therefore, for any Dispute that Licensee may have with Licensor, Licensee acknowledges and agrees to first give Licensor a reasonable opportunity to resolve the Dispute. Therefore, Licensee shall first send a written description of the Dispute to: On Location Events, LLC, 805 Third Avenue, 31 st Floor, New York, New York 10022, Attention: Legal Department. Furthermore, Licensee agrees to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after providing notice thereof. If Licensor does not resolve the Dispute within sixty (60) days from receipt of notice thereof, the parties with may pursue a claim in arbitration pursuant to the following terms: Licensee agrees that the sole and exclusive forum and remedy for any Dispute or claims that cannot be resolved informally and that relate in any way to or arise out of the Package or this Agreement, shall be final and binding arbitration, except to the extent that Licensee has in any manor infringed upon or violated or threatened to infringe upon or violate any Released Parties’ or any third party patent, copyright, trademark, trade secret, privacy or publicity right, in which case Licensee acknowledges that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Released Party and/or the applicable third party(ies). The parties hereto acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law apply to arbitrations hereunder (despite any other choice of law provision). Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s supplementary procedures for consumer-related disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in section c-8 of the Supplementary Procedures; for claims exceeding $75,000, the AAA’s commercial arbitration rules and relevant fee schedules for non-class actin proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Furthermore, if Licensee’s claims do not exceed $75,000 ad Licensee has provided notice to and negotiated in good faith with Licensor as described above, if the arbitrator finds that Licensee is the prevailing party in the arbitration, Licensee will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Licensor or Licensee. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA and may be entered in any court having jurisdiction over the parties for purposes of enforcement. The parties hereto shall initial arbitration in New York Country, New York. This section shall survive any termination of the Agreement or the provision of the associated benefits or services to Licensee. The parties agree that any Dispute or claim filed in small claims court are not subject to the arbitration terms contained herein.

JURY AND CLASS ACTION WAIVER. BOTH PARTIES AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, TO WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH LICENSEE AND THE ENTITY WIT WHICH LICENSEE HAS A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION, FURTHERMORE, LICENSEE AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY DISPUTE, CLAIM OR CAUSE OF ACTION THAT LICENSEE MAY HAS ARISING OUT OF OR RELATED TO THIS AGREEMENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA LICENSEE’S ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.

BY ATTENDING THE TOURNAMENT OR ANY EVENT, TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, IS DEEMED, AS PARENT OR GUARDIAN OF THE MINORS OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN, TO HAVE AGREED TO THIS ARBITRATION AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT TICKETHOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AN AGREEMENT ON BEHALF OF THE MINORS, TICKETHOLDER SHOULD NOT ENTER THE VENUE WHERE THE TOURNAMENT OR EVENT IS BEING HELD OR IMMEDIATELY LEAVE SUCH VENUE WITH THE MINORS.

CHOICE OF LAW/JURISDICTION: THIS AGREEMENT AND ANY DISPUTE ARISING HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES, NOTWITHSTANDING, THE ARBITRATION AGREEMENT, EACH PARTY CONSENTS TO EXCLUSIVE JURISDICTION AD VENUE IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, UNLESS NO FEDERAL JURISDICTION EXISTS, IN WHICH CASE EACH PARTY CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY, STATE OF NEW YORK. THE PARTIES WAIVE ALL DEFENCES OF LACK OF PERSONAL JURISDICTION AND FORUM NONCONVENIENS. PROCESS MAY BE SERVED ON EITHER PARTY IN THE MANNER AUTHORIZED BY APPLICATE LAW OR COURT RULE. IN ANY ACTIN OR SUIT TO ENFORCE ANY RIGHT OR REMEDY UNDER THIS AGREEMENT OR TO INTERPRET ANY PROVISION OF THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES. EACH OF THE PARTIES HEREBY ACKNOWLEDGES AND CONFIRMS THAT SERVICES OF ANY PROCESS, SUMMONS, NOTICE OR DOCUMENT BY U.S. CERTIFIED RETURN RECEIPT REQUESTED MAIL TO SUCH PARTY’S RESPECTIVE ADDRESS SET FORTH HEREIN SHALL BE EFFECTIVE SERVICE OF PROCESS FOR ANY ACTION, SUIT OR PROCEEDING IN THE STATE WITH RESECT TO ANY MATTERS FOR WHICH IT HAS SUBMITTED TO JURISDICTION PURSUANT HERETO AND WILL TO THE FULLEST EXTENT ENFORCEABLE BY LAW, BE VALID PERSONAL SERVICE UPON AND PERSON DELIVER TO IT. BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES ARISING HEREUNDER.

ASSIGNMENT: Licensee may not assign rights or obligations hereunder without the prior written consent of the licensor. Licensor may freely assign this Agreement and shall be fully released from any liability hereunder in the event of such assignment. This Agreement is for the sole benefit of the parties and their permitted assigns and nothing herein, express or implied, is intended to or confers upon any other person or entity (other than the PGA Entities) any legal or equitable right, benefit or remedy of any nature whatsoever under or due to this Agreement.

MODIFICATION: If any term or condition of the Agreement is deemed invalid, illegal or incapable of being enforced by any rule or law or public policy, all other terms and conditions hereof will remain in full force and effect. Upon such determination that any term or condition is invalid, illegal, or incapable or being enforced, the parties will, if necessary, negotiate in good faith to modify this Agreement so as to give effect to the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible. No amendment to or modification of this Agreement shall be effective unless in writing ad executed by Licensor and Licensee.

WAIVER: Neither any failure to exercise, nor any delay in exercising, any right, power or privilege hereunder by either of the parties shall operate as a waiver thereof; nor will any single or partial exercise of any right, power or privilege hereunder preclude an future exercise thereof or the exercise of any other night, power or privilege. The rights and remedies herein provided are cumulative, and may be exercised singly or concurrently, and are not exclusive of any right or remedies provided by law.

REPRESENTATIONS & WARRANTIES: The person executing this Agreement on behalf of Licensee represents and warrants that he/she has the authority to bind Licensee and that Licensee shall be responsible for the payment of the Total License Fee and all other amounts due in connection herewith. License further represents and warrants that it has the right, power and legal authority to enter into and fully perform this Agreement, and that this Agreement, when executed constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms and conditions set forth herein.

ENTIRE AGREEMENT; COUNTERPARTS: This Agreement contains the entire understanding of the parties. It supersedes all prior written or oral agreements and understandings pertaining to the subject matter of this Agreement. This Agreement may be executed in one or more counterparts, electronically or otherwise, and by the different parties in separate counterparts each of which when executed will be an original but all of which taken together will constitute one and the same agreement. The descriptive heading contained in this Agreement are for the convenience of reference only and do not affect in any way the meaning or interpretation of this Agreement.