IMPORTANT: READ THESE TERMS AND CONDITIONS, IN PARTICULAR, THE MANDATORY BINDING ARBITRATION; WAIVER OF CLASS ACTION SECTION HEREIN, CAREFULLY BEFORE ACCEPTING. THESE TERMS AND CONDITIONS HAVE LEGAL CONSEQUENCES THAT WILL AFFECT YOUR LEGAL RIGHTS AND THAT WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
PARKING PASSES FOR U.S. OPEN PARKING LOTS ARE REVOCABLE LICENSES THAT CAN BE REVOKED BY THE UNITED STATES GOLF ASSOCIATION (“LICENSOR”) IN ITS SOLE DISCRETION AT ANY TIME FOR ANY REASON. PARKING PASSES (i) are non-refundable; (ii) MAY NOT BE RESOLD OR TRANSFERRED UNLESS SUCH PASSES ARE TRANSFERRED OR RESOLD VIA A PLATFORM AND METHOD THAT IS OFFICIALLY AUTHORIZED BY LICENSOR; AND (III) WILL NOT BE REPLACED IF damaged, lost or stolen.
ALL OCCUPANTS OF A VEHICLE MUST POSSESS A VALID TICKET(S) OR CREDENTIAL TO THAT DAY’S ROUND OF THE U.S. OPEN CHAMPIONSHIP TO GAIN ACCESS TO THE PARKING LOTS. ACCESS BY ANY OTHER MEANS OR FOR ANY OTHER PURPOSE IS AN UNLAWFUL TRESPASS. ANYONE WHO ENTERS THE PARKING LOTS FOR THE U.S. OPEN CHAMPIONSHIP IS ALSO SUBJECT TO THE LICENSOR’S TICKET LICENSE TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN AND CAN BE FOUND WITHIN THE USGA’S TICKET AND CREDENTIAL LICENSE AGREEMENT.
U.S. Open parking lots are private property. Entry is limited solely for the purpose of parking your vehicle to gain entry to the U.S. Open Championship. You must follow directions provided by parking attendants. Vehicles may not be left in U.S. Open parking lots beyond the time the lots close. For the health and safety of U.S. Open patrons, solicitation, commercial or otherwise, by anyone for any purpose is expressly prohibited. All persons are prohibited from selling or distributing any food, beverage, ticket, merchandise or other item in the U.S. Open parking lots, without obtaining the prior written approval of Licensor.
You voluntarily assume all risks, hazards and dangers, including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses, and the risk of lost, stolen or damaged property, while in the U.S. Open parking lots, and whether occurring before, during, or after the U.S. Open Championship. You irrevocably waive and release on behalf of yourself, any occupant of your vehicle, your attorneys, agents, successors, heirs, and assigns all claims, liabilities, or losses (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage, or otherwise) against the Licensor, The Country Club; Massachusetts Bay Transportation Authority, other participating parking lot owners and each of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, and independent contractors (the “Released Parties”), arising from or in connection with these terms, including but not limited to your or any occupant of your vehicle’s attendance at the U.S. Open (the “Released Claims”), notwithstanding that such Released Claims may have been caused by the negligent act or omission of such Released Parties; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties. You further agree that you will defend, indemnify, and hold harmless the Released Parties for any Released Claims asserted by you or any occupant of your vehicle, including all attorneys’ fees and costs incurred by the Released Parties to defend such claims; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties.
By entering the U.S. Open parking lots, you understand that you have in no way relinquished the care, custody or control of your vehicle or its contents, or waived your responsibility to park and lock such vehicle. You fully understand and agree that none of the Released Parties in any way assumes any duty or responsibility to safeguard your vehicle or contents thereof or for any injury to you or any person in or by your vehicle, and that Licensor has only given you permission to park your vehicle. No bailment is created.
You understand that your vehicle may be towed or moved from the U.S. Open parking lots at the owner’s expense, in the sole discretion of Licensor or law enforcement.
Parking Lot Code of Conduct; Health Assessments
Licensor is committed to creating a safe, comfortable, and enjoyable experience for patrons of all ages. Patrons are responsible for their conduct and the conduct of their guests in the U.S. Open parking lots. In particular, patrons and their guests are prohibited from the following:
- Exhibiting behavior that is unruly, disruptive, irresponsible, or illegal in nature, including public drunkenness.
- Using foul, abusive or offensive language or making obscene gestures.
- Verbally or physically harassing any of our guests or staff.
- Advertising, selling, or promoting any goods or services.
- Failing to follow instructions of security personnel or law enforcement.
In addition, patrons may be subject to a health assessment prior to entering the U.S. Open parking lots, or while in the U.S. Open parking lots, and may be denied admission or have admission revoked if the Licensor or relevant authority determines, in its sole discretion, that a patron poses a health or safety risk to other attendees.
Patrons and their guests who violate the Parking Lot Code of Conduct, any other U.S. Open parking lot rules or regulations, or refuse to submit to a health assessment, may be ejected without refund and may lose ticket and/or parking privileges for the current and/or future U.S. Open Championships.
Binding Arbitration; Waiver of Class Action
These terms and conditions shall be construed and enforced in accordance with the laws of the State of New Jersey, without regard to the conflict of laws provisions of such law. You agree that any dispute between or among you and others in your vehicle, the Licensor, The Country Club, Massachusetts Bay Transportation Authority, and any of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, affiliates, and independent contractors relating to an incident in the U.S. Open parking lots shall be resolved by arbitration before JAMS according to the rules of that forum, except that you may pursue a claim in small claims court so long as the claim is pending only in that court, and so long as that claim is not joined with any other claim in any court. You specifically waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claim. You understand that the arbitrator’s decision will be final and binding, and that other rights that you may have if you went to court may not be available in arbitration. If any provision hereof is invalid or unenforceable in any jurisdiction, to the fullest extent permitted by law that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable in such jurisdiction and shall be construed in order to carry out the intentions of this agreement as nearly as possible. The invalidity or unenforceability of any provision hereof in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction. Waiver of any rights by Licensor on one or more occasions shall not constitute a waiver of any such right on any other occasion.