2025 DEVON PARK TICKET TERMS & CONDITIONS

IMPORTANT: THIS TICKET IS A REVOCABLE LICENSE; HOLDER ACCEPTS RISK OF ILLNESS/INJURY; NO RE-ENTRY PERMITTED; THIS TICKET LIMITS HOLDER’S LEGAL RIGHTS, AND INCLUDES A MANDATORY ARBITRATION PROVISION. 

PLEASE READ THE BELOW TERMS AS THEY EFFECT YOUR LEGAL RIGHTS.

By using this ticket, ticket holder, on their own behalf and on behalf of any accompanying minor (together, “Holder”), agrees to the following terms and conditions (the “Agreement”), including an AGREEMENT TO ARBITRATE and a CLASS ACTION WAIVER.  USA Softball Inc., an Oklahoma non-profit organization (“Facility Operator”), and the operator of Devon Park (the “Venue”) may update the terms of the Agreement at any time, without notice, and Holder’s use of this ticket after such change is posted will mean that Holder accepts such change(s). Holder is solely responsible for reading and understanding the Agreement before using this ticket.

AN INHERENT RISK OF EXPOSURE TO COVID-19 AND OTHER COMMUNICABLE DISEASES EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES (AS DEFINED BELOW), AGREES TO (A) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (B) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF ANY OR ALL OF THE FOLLOWING: THE FACILITY OPERATOR, ITS AFFILIATES, ANY LESSEE or LICENSEE OF THE FACILITY OPERATOR, THE CITY OF OKLAHOMA CITY, THE OKLAHOMA CITY PUBLIC PROPERTY AUTHORITY – an Oklahoma Public Trust, ANY APPLICABLE EVENT ORGANIZER, AND/OR ANY CONTRACTING THIRD-PARTIES OF THE FACILITY OPERATOR OR THE EVENT ORGANIZER (each and all of which are collectively hereinafter referred to as the “ORGANIZERS”).

Holder acknowledges that the Organizers have no liability for Holder’s and/or any Accompanying Parties’ person or property.  An “Accompanying Party” is any accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable Agreement terms) (collectively, the “Accompanying Parties”).

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER
Holder and Facility Operator each agree to resolve any disputes through binding individual arbitration and waive the right to participate in a class action or class arbitration.  ANY CLAIM BETWEEN OR AGAINST HOLDER AND/OR FACILITY OPERATOR RELATED TO THIS EVENT OR THE MATTERS SET FORTH ON THIS TICKET SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION.  Details of the agreement to arbitrate are available at https://sportsengine-staging.go-vip.net/usasoftball/devon-park/venue-information/, and/or will be provided upon request.  YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY.  If you do not wish to be bound by this agreement to arbitrate, you must notify Facility Operator by mailing a written opt-out notice, postmarked within ten (10) days after the date of the Event, with TIME BEING OF THE ESSENCE.  You must send your request to: USA Softball, Attn: Arbitration Opt-Out, 2801 NE 50^th Street, Oklahoma City OK 73111. The request must include your full name, address, the date of the Event, and the statement “I reject the Arbitration Agreement contained in my Event Ticket.”  If you fail to timely and validly exercise the right to reject arbitration, any and all disputes between Holder and Facility Operator shall be resolved through mandatory binding individual arbitration.  If you timely and validly exercise the right to reject arbitration, then the agreement to arbitrate will not be effective but all other terms and conditions contained herein shall remain in full force and effect between Holder and Organizers.

IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE HOST VENUE WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE HOST VENUE.

Holder agrees that:
(a) Holder will not transmit or aid in transmitting any photographs, images, videos, audio, livestreams, or other accounts or descriptions (including play-by-play data) (whether text, data, or visual), in any media, of all or any part of the game to which this ticket grants admission or any entertainment, attractions, warm-ups, practices, pre-game, post-game, or between-inning activities, promotions, or competitions offered in connection with the game or other events (the “Event”);
(b) the Organizers are the exclusive owner of all copyrights and other proprietary rights in the Event and related information; and
(c) Holder grants the Organizers an unrestricted right and license to use Holder and any Accompanying Parties’ image, likeness, name, voice, comments, and/or other proprietary or public rights in any media now or hereafter known, without compensation.

Holder, on their own behalf and on behalf of any Accompanying Parties, consents to security searches, screenings, and/or inspection of Holder’s and/or any Accompanying Parties’ person, bags, clothing, or other articles for security purposes, whether by walk-through metal detection, handheld metal detection, bag checks, or otherwise; and acknowledges and agrees to comply with all relevant policies and protocols issued by Devon Park and the Organizers, including, without limitation, policies regarding security, bags, fan conduct, and health and safety, currently available at www.usasoftball.com/devon-park/venue-information/ (each, a “Policy” and collectively, the “Policies”), as well as all applicable laws and guidance from health authorities.

The Venue and the Organizers reserve the right to terminate the license granted by this ticket without refund if Holder violates any terms of this Agreement, including the Venue’s or the Organizers policies, engages in improper or unsafe conduct, or fails to comply with applicable laws or regulations.

ASSUMPTION OF RISK OF PERSONAL INJURY, ILLNESS, AND/OR PROPERTY DAMAGE
Holder and all Accompanying Parties agree recognize that attendance at the Event is voluntary and may result in personal injury, illness, and/or property damage. Holder and all Accompanying Parties agree to stay alert, remain aware of their surroundings, and assume all risks and dangers associated with attending the Event.  Holder, on its/his/her’s own behalf and on behalf of any Accompanying Parties, acknowledges and assumes all risks and dangers associated with: (a) being a spectator before, during, and after a game (including all warm-ups, practices, pre-game, post-game and between-inning activities, promotions and competitions), and (b) attending, observing or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by thrown bats; bat fragments; thrown or batted balls; thrown, dropped, or launched items; projectiles; persons; animals; other hazards or distractions; and any incidents or accidents associated with adverse weather, crowds of people or the negligence or misconduct of other spectators. Holder, on their behalf and on behalf of any Related Parties, agrees that the Released Parties (as defined at the conclusion of this paragraph) will not be responsible for any personal injury (including death), illness, property damage, or other loss suffered as a result of (x) Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event and/or (y) the sole, joint, or comparative negligence, or strict liability, of the Released Parties (collectively, the “Spectator Claims”). “Released Parties” are the (i) Organizers; (ii) any local or state governmental body associated with the Venue, and/or (iii) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities.

GENERAL RELEASE OF LIABILITY AND COVENANT NOT TO SUE

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ON THEIR OWN BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, HOLDER, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE ORGANIZERS WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE VENUE OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE ORGANIZERS, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE VENUE, INCLUDING, WITHOUT LIMITATION (a) ALL SPECTATOR CLAIMS; (b) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTIES, OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTIES; (c) ALL CLAIMS IN CONNECTION WITH ANY SECURITY SEARCHES OR SCREENINGS OF, OR THE APPLICATION OF ANY HEALTH AND SAFETY RULES TO, HOLDER AND/OR ANY ACCOMPANYING PARTIES; AND/OR (d) ALL 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 OF HOLDER OR ANY ACCOMPANYING PARTIES FROM THE EVENT APPEAR (COLLECTIVELY, THE “RELEASED CLAIMS”).

The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable.

BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON THEIR OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) SUCH OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (I) SUCH MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE HOST VENUE WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE HOST VENUE.

Holder will indemnify, defend and hold harmless the Released Parties from and against any and all 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) Released Claims, (ii) Holder’s and/or any Accompanying Parties’ acts or omissions, or (iii) Holder’s breach of any of the terms, conditions or representations made in the Agreement.

HOLDER AGREES THAT THE INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED HEREIN ARE WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OF ANY RELEASED PARTY, WHETHER ACTIVE OR PASSIVE, STRICT LIABILITY, LATENT, PATENT, OR PRE-EXISTING DEFECTS OR CONDITIONS, AND INCLUDING ANY CLAIMS ARISING OUT OF INGRESS, EGRESS, LOADING AND UNLOADING OF PERSONNEL OR CARGO.

NOTICE
All Event dates and times are subject to change. The Venue and/or Organizers are not responsible for lost, stolen, or duplicated tickets. Retain possession of this ticket until the Event concludes.

POLICY FOR RESCHEDULED OR CANCELLED EVENTS
In the event of a rescheduled or cancelled Event, Holder agrees to abide by the Venue’s and/or Organizer’s policies regarding rescheduling or refunds.

MISCELLANEOUS.  This ticket may not be used for advertising, promotion (including contests and sweepstakes), or other trade or commercial purposes without the express written consent of the Organizers.  The event is a family-friendly event.  Therefore, offensive and crude behavior is expressly prohibited.  Pursuant to Oklahoma City Ordinance, smoking of any kind in any part of the Venue, including the outside grounds, is strictly prohibited.  No employee or agent of any Organizer may alter or enlarge our liability hereunder orally or otherwise. 

OTHER TERMS/ADA ASSITANCE/PROPERTY IS LEFT AT HOLDER’S OWN RISK/PARKING TERMS

NO FOOD, BEVERAGES, PETS OR LAWN CHAIRS MAY BE BROUGHT INTO THE VENUE.   NO ALCOHOLIC BEVERAGES MAY BE BROUGHT INTO THE VENUE. THE HOLDER ACKNOWLEDGES THAT THE ORGANIZERS ARE NOT RESPONSIBLE FOR PERSONAL PROPERTY OF HOLDER OR OF OTHERS.  All vehicles are left at the risk of the owner/Holder.  Only rental space license is granted and no bailment is created. ORGANIZERS shall not be responsible for fire, theft, damage or loss of any type or nature to any vehicle or to any property.  Parking on the premises will be limited. This ticket does not guarantee parking will be available.  For those individuals requiring special assistance under the Americans with Disabilities Act (“ADA”), we are happy to accommodate your needs.  If you are a person with a disability and have special needs or are unable to access an area, please contact a staff member at the front gate or elsewhere for assistance. 

Acceptance of this ticket by Holder constitutes acknowledgement by the Holder that the Holder has read and agrees to the foregoing on behalf of Holder and all Accompanying Parties.

The following contains details of the Arbitration Agreement, as set forth on the Event Ticket for applicable Events. 

MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER

Holder, any Accompanying Parties of Holder, and USA Softball, Inc. (“Facility Operator”) agree to resolve any and all disputes between them through binding individual arbitration and waive the right to participate in a class action or class arbitration.  ANY CLAIM RELATED TO THIS EVENT OR THE MATTERS SET FORTH ON THIS TICKET SHALL BE SETTLED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION.  Details of the agreement to arbitrate are available at https://sportsengine-staging.go-vip.net/usasoftball/devon-park/venue-information/, and/or will be provided upon request.  YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY.  If you do not wish to be bound by this agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within ten (10) days after the date of the Event, with TIME BEING OF THE ESSENCE.  You must send your request to: USA Softball, Attn: Arbitration Opt-Out, 2801 NE 50^th Street, Oklahoma City OK 73111. The request must include your full name, address, the date of the Event, and the statement “I reject the Arbitration Agreement contained in my Event Ticket.”  If you fail to timely and validly exercise the right to reject arbitration, any and all disputes between Holder, any Accompanying Parties of Holder, and/or Facility Operator shall be resolved through mandatory binding individual arbitration.  If you timely and validly exercise the right to reject arbitration, then the agreement to arbitrate will not be effective but all other terms and conditions stated on the Event ticket shall remain in full force and effect between Holder and Organizers (as that term is defined on the Event ticket).

An “Accompanying Party” is any accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable Agreement terms) (collectively, the “Accompanying Parties”).

The Facility Operator would prefer to resolve any disputes informally and request that if you have a problem with the Event or this ticket, please contact customer service in an effort to resolve the matter.  Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.  Unless prohibited by federal law, Holder, any Accompanying Parties, and Facility Operator agree to arbitrate any and all claims and disputes relating in any way to Holder’s purchase or Holder’s or any Accompanying Parties’ use of this ticket, Holder’s and/or any Accompanying Parties’ participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of illness (including COVID 19 or other Communicable Disease), bodily injury or property damage arising out of Holder’s and/or any Accompanying Parties’ attendance at and/or participation in the Event (“Arbitration Claims”), through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.

In any Arbitration Claim to be resolved by arbitration, neither Holder, the Accompanying Parties nor the Facility Operator will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that Holder and the Facility Operator would have in court will not be available or will be more limited in arbitration, including the right to appeal. Holder and the Facility Operator each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING.  The arbitrator(s) may not consolidate the claims of multiple parties.

Arbitrations shall be administered by JAMS in accordance with its then-existing commercial arbitration rules. You may obtain information about arbitration, arbitration procedures and fees from JAMS by calling 800.352.5267 or visiting www.jamsadr.com. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the city where the Event or Venue is located. The arbitration shall be presided over by a single arbitrator, who shall be selected in accordance with the rules that, as specified above, shall govern the arbitration. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Holder, any Accompanying Parties and the Facility Operator, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Parties. In the event of any conflict between them, this Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator.

The Facility Operator will be responsible for paying all arbitration fees other than the amount of filing fees Holder would have incurred in the state or federal court where the Event took place, whichever is less. Notwithstanding any other provision herein, Holder and the Facility Operator may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Holder and the Facility Operator each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so.  If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

Prior to bringing a claim under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to the Facility Operator shall be sent by mail to USA Softball, Attn: Pre-Arb Claims, 2801 NE 50^th Street, Oklahoma City OK 73111. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.

IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE AGREED TO THIS ARBITRATION AGREEMENT ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO MAKE SUCH AGREEMENT ON BEHALF OF: (I) ANY MINOR, HOLDER SHOULD IMMEDIATELY LEAVE THE VENUE WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE VENUE.