Website Terms and Conditions of Use

Last Updated: August 5, 2019

These Terms of Service (“Terms”) apply to your access to and use of the website provided by IMG Worldwide, Inc. and our parents, subsidiaries and affiliates (collectively, “IMG Worldwide,” “we” or “us”) where these Terms are posted (collectively, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, do not access or use our Service.

Please refer to our Privacy Policy, found at: https://www.miamiopen.com//privacy-policy for information about how we collect, use and share information about you when you attend the Miami Open (“Miami Open”), access or use the Miami Open Service or otherwise interact with us in connection with Miami Open.

If you have any questions about these Terms, our Service or our events, please contact us at sam.henderson@img.com.

ELIGIBILITY

You must be at least 18 years of age to access or use our Service. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

USER ACCOUNTS AND ACCOUNT SECURITY

You may need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform to access some or all of our Service. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.

USER CONTENT

Our Service may allow you to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content“). Except for the license you grant below, you retain all rights in and to your User Content, as between you and IMG Worldwide.

You grant IMG Worldwide a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) will be visible to the public.

PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from that user and IMG Worldwide;
• Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
• Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
• Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service;
• Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose IMG Worldwide or others to any harm or liability of any type.
• In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

FEEDBACK

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about IMG Worldwide or our Service or events (collectively, “Feedback”) is non-confidential and will become the sole property of IMG Worldwide.  We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROMOTION

Any and all offers or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.

COPYRIGHT AND TRADE MARK

Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “IMG Worldwide Content”) are owned by or licensed to IMG Worldwide and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, IMG Worldwide and our licensors reserve all rights in and to the Service and the IMG Worldwide Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Service and IMG Worldwide Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or IMG Worldwide Content; (b) copy, reproduce, distribute, publicly perform or publicly display IMG Worldwide Content, except as expressly permitted by us or our licensors; (c) modify the IMG Worldwide Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or IMG Worldwide Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Service or IMG Worldwide Content other than for their intended purposes. Any use of the Service or IMG Worldwide Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS

When you attend the Miami Open, you enter an area where photography and video recordings may occur.  By entering the Miami Open premises, you consent to such photography and video recording and you release IMG Worldwide for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the Miami Open premises.

COPYRIGHT COMPLAINTS

We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes any copyright that you own or control, you may notify IMG Worldwide’s Designated Agent as follows:

Designated Agent:                 Debra Shuwarger

Address:                                 9601 Wilshire Boulevard, Third Floor

Beverly Hills, California 90210

Telephone Number:               310-285-9000

Fax Number:                          310-285-9010

E-Mail Address:                     copyrightagent@img.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to IMG Worldwide for certain costs and damages.

INDEMNIFCIATON

You will indemnify, defend, and hold harmless IMG Worldwide and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “IMG Worldwide Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and IMG Worldwide or the other IMG Worldwide Parties.

DISCLAIMERS

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.

Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, IMG Worldwide does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While IMG Worldwide attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.

LIMITATION OF LIABILITY

IMG Worldwide and the other IMG Worldwide Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if IMG Worldwide or the other IMG Worldwide Parties have been advised of the possibility of such damages.

The total liability of IMG Worldwide and the other IMG Worldwide Parties for any claim arising out of or relating to these Terms or our Service, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of IMG Worldwide or the other IMG Worldwide Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

RELEASE

To the fullest extent permitted by applicable law, you release IMG Worldwide and the other IMG Worldwide Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You understand and expressly agree that the foregoing release extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or attributable to any conduct or omission of the other party that has occurred through the date hereof.  Section 1542 of the California Civil Code reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Any and all rights granted to the parties under this Section 1542 of the California Civil Code, or any analogous state law or federal law or regulation, are hereby expressly waived.

TRANSFER AND PROCESSING OF DATA

By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

DISBUTE RESOLUTION; ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with IMG Worldwide and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or IMG Worldwide seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or IMG Worldwide seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and IMG Worldwide waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential binding arbitration held in the Borough of Manhattan, New York in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and IMG Worldwide agree that any dispute arising out of or related to these Terms or our Service is personal to you and IMG Worldwide and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and IMG Worldwide agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law.  As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and IMG Worldwide agree that for any arbitration you initiate, you will pay the filing fee and IMG Worldwide will pay the remaining JAMS fees and costs. For any arbitration initiated by IMG Worldwide, IMG Worldwide will pay all JAMS fees and costs. You and IMG Worldwide agree that the state or federal courts of the State of New York and the United States sitting in the borough of Manhattan have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim you may have arising out of or related to these Terms or our Service must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and IMG Worldwide will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing sam.henderson@img.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

GOVERNING LAW AND VENUE

These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of New York, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the Borough of Manhattan, New York.

CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.

TERMINATION

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.

SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

MISCELLANEOUS

These Terms constitute the entire agreement between you and IMG Worldwide relating to your access to and use of our Service. The failure of IMG Worldwide to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Stadium Clear Bag Policy

Hard Rock Stadium has instituted a safety policy for all stadiums that will make the security process more efficient and effective.  The Miami Dolphins and Hard Rock Stadium are committed to ensuring the guest experience is second to none, and the safety of our guests at Hard Rock Stadium is essential to maintaining this experience.

The safety policy affects the type and size of bags that are permitted into the stadium — not the items that fans normally need to bring to a game or event.  Guests may continue to carry pockets items such as keys, makeup, combs, phones, wallets and credit cards. Guests wishing to purchase Miami Dolphins branded approved bags can visit the team store at Hard Rock Stadium.

BELOW ARE THE STADIUM APPROVED BAGS FANS MAY CARRY INTO THE STADIUM:

One bag that is clear plastic, vinyl or PVC and does not exceed 12” by 6” and 12” or a one-gallon clear plastic freezer bag (Ziploc bag or similar).

In addition to one of the clear bags noted above, fans may also carry in a small clutch bag or purse approximately the size of a hand, with or without a handle or strap.

2024 Miami Open Media Credentials Terms & Conditions

Please read the following media credential regulations. You must agree to adhere to the credential regulations in full before submitting your online application.

You acknowledge and agree that the issuance of credentials is subject to the prior approval of the Miami Open and such credentials can be withheld or revoked at any time for any reason at the sole discretion of the Miami Open.

By applying for a credential, you agree to comply with all the credential terms and conditions issued by the Miami Open, including but not limited to the following:

Terms and Conditions. A non-transferable credential is issued to an approved, qualified individual (“Bearer”) for the sole purpose of providing access to certain restricted areas on the grounds of the Miami Open, as determined by the Miami Open. These Terms and Conditions shall apply to all Bearers. Any violation of these Terms and Conditions, or any unauthorized use of a credential subjects Bearer to ejection from the Miami Open and denial or revocation of credentials for future Miami Open tournaments. Each credential is the property of the Miami Open and may be revoked at any time at the sole discretion of the Miami Open. Completion of the credential application constitutes agreement by Bearer (and Accredited Organization (as defined below), if any) to comply with these Terms and Conditions.

Bearer agrees to: (i) refrain from taking photographs or video footage of any kind in restricted areas, including but not limited to locker rooms and the stadium inner corridor (the taking of photographs and video footage applies to the use of all equipment having the capability of capturing such images, including but not limited to mobile phones); (ii) refrain from participating in or aiding and abetting, directly or indirectly, any form of gambling or betting on the outcome of any tennis match staged during the Miami Open or any other activity relating to the Miami Open; (iii) refrain from requesting player autographs at any time during the Miami Open, with the exception of scheduled autograph sessions; (iv) refrain from bringing children, friends, family or any other non-credentialed persons into any media areas, (v) refrain from bringing alcoholic beverages into the media center, radio booths, television booths or media interview rooms (alcoholic beverages are allowed in the media dining area), and (vi) abide by any lawful direction given to Bearer by Miami Open officials during the Miami Open event.

Any media, photographer, television, or similarly categorized credential (“Media Credential”) is issued to an organization (the ཿAccredited Organizationཿ) for the sole purpose of providing access to the Miami Open grounds to a Bearer with a legitimate working function (media service) in connection with one or more tennis matches and other Miami Open activities (including player interviews and press conferences) staged during the Miami Open (the “Matches” and the “Activities”). A Media Credential authorizes the Accredited Organization to use, exclusively for news and editorial coverage of the Matches and the Activities, any descriptions (including statistical descriptions), accounts, photographs or drawings of the Matches and the Activities (other than film, video and digital video, which are addressed below) (collectively, “Information”) taken, made, created, or compiled by the Accredited Organization, in accordance with these Terms and Conditions and any other regulations or restrictions imposed by Miami Open officials. Any other use or attempted use by Bearer or the Accredited Organization of Information, including any distribution of Information to third parties other than ultimate consumers (such as newspaper readers) for their use whether before or after the conclusion of the Matches, and whether or not for editorial purposes, and any authorization of any third party to redistribute Information, is expressly prohibited, unless the Accredited Organization has obtained, in advance, the express written consent of the Miami Open for such use.

No Accredited Organization, other than Miami Open host broadcasters, is permitted to collect or record any film, video or digital video of any of the Matches (“Recorded Material”). Accredited Organizations may request video footage from Tennis Properties Limited (TPL) for use in connection with a legitimate, regularly scheduled television news or sports news telecast. Use of Recorded Material for any other purpose (including but not limited to display and/or transmission via the Internet) without the advance written permission of TPL is expressly prohibited.

Gambling and Data Distribution: Credential holders are prohibited from continually collecting, disseminating, transmitting, publishing or releasing from the grounds of the Tournament any match scores or related statistical data during match play (from the commencement of a match through its conclusion) for any commercial, betting or gambling purpose. Anyone found violating this rule are subject to ejection from the tournament grounds.

2024 Miami Open Inclement Weather Ticketing Policy

The following ticket exchange policy applies to individual session tickets purchased directly through Ticketmaster, MiamiOpen.com or in person at the Hard Rock Stadium Ticket Office. Please note this ticket exchange policy does not apply to the following tickets, which are not available for refund or exchange:

• Member/Tournament Duration tickets (duration members have access to all matches through their tournament membership)
• Multi-session Packages
• Stadium Luxury or Suite tickets
• All tickets issued as complimentary
• All tickets purchased through any auction, exchange, resale or secondary outlet (including individual session tickets purchased through the official Miami Open Ticket Exchange by Ticketmaster)
• All tickets received through Ticketmaster Ticket Transfer
• All tickets for sessions 21-24

Fans are advised the Miami Open schedule or play as well as session dates, number of matches and starting times are subject to change for all sessions. Tickets are not eligible for refund or exchange due to one or more changes in the Miami Open schedule of play.

TICKET EXCHANGE POLICY (Please read above to determine if your tickets are eligible for exchange)

If a Miami Open session is cancelled (as provided for in the Cancellation Provisions below), tickets can be exchanged for a one-for-one basis for this year’s Miami Open (2024), subject to availability.

1. For the 2024 Miami Open:

If the Miami Open elects, in its discretion, to permit exchanges for the 2024 Miami Open, ticket distribution or pick-up will be communicated via email to all eligible ticket holders. Ticket distribution or pick-up will be determined at the discretion of the Miami Open and subject to availability for the 2024 Miami Open.

The Miami Open cannot guarantee ticket availability, exchange of equal value, equal product (e.g. Stadium or Grandstand) or comparable seat location. The Miami Open reserves the right, in its discretion, to process ticket exchanges directly, or to issue vouchers or other redemption tools to process ticket exchanges. All ticket exchanges are final, and there will be NO REFUNDS or CREDITS.

CANCELLATION PROVISIONS

Cancelled/Completed Session Definitions for:

Sessions Q through 20 for Miami Open Stadium Ticket Holders, Grandstand & Grounds Admission Ticket Holders

• If Evening Session play begins after 9:45 p.m. due to length of play of Day Session or other extenuating circumstances, Evening Session will not be considered cancelled and the Miami Open may adjust the scheduled matches (i.e., number, location, order of play, etc.) as it deems necessary.
• No refunds or credits will be provided if face value of tickets for cancelled session exceeds face value of exchanged tickets.
• The Miami Open cannot guarantee ticket availability, exchange of equal value or comparable seat location. All ticket exchanges are final, and there will be NO REFUNDS or CREDITS.

 

If any new, ticketed Session(s) is added to the official Miami Open schedule, and such new Session(s) is scheduled prior to Session 21, then the above provisions regarding Sessions Q through 20 for the Stadium Court, Grandstand, and Grounds Pass Admission ticket holders will also apply to the Stadium Court, Grandstand, and Grounds Pass Admission ticket holders for the new Session(s).

SPECIAL EXCEPTIONS

1. For Sessions 21 through 24

(a)        This Inclement Weather Policy does not apply to sessions 21 through 24 as original tickets will be honored for the rescheduled session(s). In the event of inclement weather or other extenuating circumstances affecting sessions 21 through 24, ticket holders should go to www.miamiopen.com for information regarding all rescheduling decisions. The Miami Open will attempt to reschedule these sessions in sequential order.

1. Hospitality Package Cancellation & Exchange Policy:*

Closing of Facility

In the event that Hard Rock Stadium does not, for any reason, open for the applicable Miami Open tournament session(s), then the Miami Open agrees to (i) refund the Hospitality portion of the hospitality package fee for any such session and (ii) either (as selected by the Miami Open in its sole discretion): (A) utilize the Ticket Exchange Policy as provided above with respect to the applicable tickets, or (B) refund the face value of the tickets paid.

Cancellation of Session

So long as Hard Rock Stadium is open for the applicable Miami Open tournament session(s) dates(s)/time(s), there shall be no refund(s) for the hospitality package fee by the Miami Open for the applicable session(s) even if the session(s) scheduled for such date(s)/time(s) is ultimately cancelled, rescheduled and/or no matches are played due to weather or other reasons. If however, such session(s) is cancelled or rescheduled (or tennis is otherwise limited in a manner specified in this Miami Open Inclement Weather Policy with respect to the applicable tickets), then the Miami Open agrees to either (as selected by the Miami Open in its sole discretion): (A) utilize the Ticket Exchange Policy as provided above with respect to the applicable Tickets (with Special Exception I(a) applicable for sessions 21 through 24), or (B) refund the face value of the tickets paid.

In each instance, the applicable tickets must be shown to the Hard Rock Stadium Ticket Office, 347 Don Shula Drive, Miami Gardens, FL 33056 by the client within thirty (30) days of the date of the applicable session. No exchange or refund will be provided for Tickets not returned within such thirty (30) day deadline; the policy set forth in this subsection applies to single session tickets only. The Miami Open reserves the right to alter, change and/or modify any and all hospitality package cancellation and refund policies.

* If applicable for the specific hospitality package purchased.

† This Policy is subject to change at the discretion of the Miami Open.

Ticket Terms and Conditions

Each ticket for a Miami Open (“Tournament”) session is a revocable license that only grants entry into the Tournament premises and a spectator seat (or a standing location, as applicable) for the applicable Tournament session (the “Event”). The person seeking entry pursuant to such license, and any accompanying minors (“Holder”), agrees that such ticket license is subject to these terms and conditions (“Terms”) and by acceptance and/or use of such ticket for the Event, Holder is deemed to have read and agreed to the Terms. The Terms include and incorporate the Tournament Ticket and Accreditation Policies (https://www.miamiopen.com//policies), provided that these terms shall govern in the event of a conflict. Failure to comply with any of these Terms shall result in forfeiture of such license and all rights arising under it without refund and shall entitle International Players Championship, LLC, SFS Events, LLC and South Florida Stadium LLC (collectively, the “Tournament Parties”) to pursue all legal remedies available. Admission may be refused/revoked and Holder may be ejected in the sole discretion of the Tournament Parties.

ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, stadium capacity limits result in Holder’s ticket(s) being cancelled or an Event is cancelled and not rescheduled for any reason, is a refund of up to the face value of the ticket set by the Tournament Parties (the “Face Value”). Capacity may be adjusted upward or downward without notice. Notwithstanding the foregoing, if an Event is postponed or cancelled for any reason, reasonable efforts will be made to accommodate individual Holders with proof of purchase for a subsequent Tournament session, if held. The Tournament Parties cannot guarantee ticket availability, exchange of equal value or comparable seat location. The foregoing is limited to individual Event tickets purchased directly through MiamiOpen.com, Ticketmaster.com or Hard Rock Stadium and does to apply to secondary market tickets, complimentary, series, suite or box tickets or tickets issued with sponsorships.

IN NO EVENT SHALL THE TOURNAMENT PARTIES BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING AMOUNTS PAID IN EXCESS OF FACE VALUE. ANY DISPUTE OR CLAIM IN ANY WAY RELATED TO THIS TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, BINDING ARBITRATION BEFORE JAMS IN MIAMI PURSUANT TO ITS STREAMLINED RULES EXCLUSIVELY ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS THAT IT IS WAIVING ITS RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO ASSERT CLAIMS AS A CLASS ACTION, REPRESENTATIVE ACTION OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS, HOLDER MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

Event schedules (including schedule of play) are subject to change by the Tournament Parties in their sole discretion; no change shall entitle Holder to a refund/remedy if Holder cannot attend or for any other reason. Holder may be relocated to alternative seats in the sole discretion of the Tournament Parties. Relocation shall not entitle Holder to a refund or any other remedy if Holder is relocated to a location of comparable face value.

Member Policies

1. MEMBER ACCOUNTS

A Miami Open Membership (“Membership”) is a revocable license issued annually by SFS Events, LLC and International Players Championship, LLC (“Miami Open”), as licensor. Payments made in connection with Memberships are non-refundable, whether made online, in-person, or otherwise, except as expressly stated herein. If a Membership is revoked by Miami Open without cause, Member’s exclusive remedy shall be a refund of any amounts paid for which no corresponding Membership benefits have been provided, which refund determinations shall be made by Miami Open in its sole discretion. Members shall not be entitled to any refund in any other circumstance, including, without limitation, if the Miami Open revokes your Membership for cause, which shall include, without limitation: (i) failure to make timely payments, (ii) violation of any Miami Open or Hard Rock Stadium policies, as amended from time-to-time, including, without limitation, unruly or inappropriate behavior by you or any person that utilizes your tickets, which determination shall be made by the Miami Open in its sole discretion; (iii) resale of tickets for an amount less than face value.

Memberships are subject to the terms, conditions and policies established from time to time by Miami Open. The current policies may be modified and/or supplemented at any time by the Miami Open. Any modifications or new policies will be effective when adopted. Members should not rely upon or have any expectation that the policies presently applicable will be applicable at any time in the future.

2. LICENSE FROM YEAR-TO-YEAR (RENEWAL)

Members are valued customers of the Miami Open, and the Miami Open will diligently attempt to accommodate its customers. However, the opportunity to license a Membership from year-to-year, at any seat location, is a privilege granted by the Miami Open, which may be revoked at any time. Neither a Membership, nor the opportunity to license a Membership from year-to-year, constitutes any form of legal or equitable right, including without limitation an express or implied contract, lease, option, right of first refusal, implied trust, or expectancy interest. There is no automatic right to license a Membership from year-to-year, nor is there any guarantee that this privilege will be offered or granted by the Miami Open. Members should not form any manner of reliance on the privilege to license a Membership or Miami Open tickets from year-to-year, nor can there be any prescriptive right to license a Membership annually. The privilege to license a Membership and Miami Open tickets from year-to-year is not “property” and creates no property rights whatsoever under state statutory or common law or under the United States Bankruptcy Code. Additionally, seat locations shall be subject to change by the Miami Open in its sole discretion.

3. IMPERMISSIBLE TRANSFERS

Except as expressly set forth in this section, Membership and accounts are nontransferable, including without limitation assignment or transfer to a third-party, change of names (except upon submission of a marriage certificate or court order evidencing the same), or purported assignments to an “in care of” status. A Member may not either voluntarily or by operation of law, assign, encumber, sublicense, or otherwise transfer a Membership (collectively, “Transfer”), EXCEPT that a Member shall be permitted to Transfer a Membership (i) to an Affiliate if the Member is a partnership, corporation or limited liability company; or (ii) to immediate family Members as further described in the Miami Open Membership Transfer Assignment Form. Membership shall not be deemed to be property of an estate in bankruptcy and are not transferable under the United States Bankruptcy Code. In the event that a Member files for protection under any chapter of Bankruptcy Code, the subject Membership shall immediately become void and of no further force and effect, and the Miami Open shall be entitled to resell the Membership to a third-party in its sole and complete discretion. If the Member of Record is deceased, the court appointed Personal Representative may transfer the Membership to one or more of the deceased Member’s Immediate Family Members as defined above. The Personal Representative must provide documentation by the courts authorizing him or her to act in that capacity and information or documentation to demonstrate that the transferee Member is an Immediate Family Member.

4. REVOCATION OF MEMBERSHIP OR MEMBER ACCOUNT – DISPUTES

The Miami Open reserves the right to revoke any Membership or Member Account without cause. In any dispute concerning Membership or Member Account, the prevailing party shall be entitled to recover the costs and expenses incurred in connection with such dispute, including, without limitation, reasonable attorney’s fees.

5. AMERICANS WITH DISABILITIES ACT INFORMATION

The Miami Open will fully meet and comply with the Americans with Disabilities Act and its implementing regulations to ensure that patrons with disabilities received full and equal enjoyment of the goods, services facilities, privileges advantages or accommodations provided by the Miami Open and Hard Rock Stadium. Additional information regarding ADA-issues is available on the ADA section of the Hard Rock Stadium website, or by calling 1-888-FINS-TIX and asking to speak with our ADA Coordinator. You may also email our ADA Coordinator at Cdecatrel@dolphins.com or visit the fully accessible Miami Open ticket office located at 347 Don Shula Drive, Miami Gardens, FL 33056, Monday-Friday, 9am-5pm.

6. RIGHT TO CONTACT

Members agree to receive pre-recorded/artificial voice messages calls and/or use of an automatic dialing device, text messages and/or emails from the Miami Open, International Players Championship, LLC, Miami Dolphins, Ltd., South Florida Stadium LLC, and the foregoing’s affiliates and partners (“Contacting Parties”), at any telephone number or email address that have been provided to the Contacting Parties or that the Contacting Parties have otherwise obtained, which could result in charges to you. The Contacting Parties and/or their partners or affiliates may place such calls, texts or emails to (i) notify members regarding upcoming appointments, (ii) notify members of upcoming Miami Open and other Stadium events, (iii) troubleshoot problems with accounts, (iv) resolve a dispute, (v) collect a debt, or (vi) as otherwise necessary to service member accounts or enforce this policy, Miami Open or Hard Rock Stadium policies, applicable law, or any other agreement the Contacting Parties and/or their partners or affiliates may have with members. The ways in which members may provide Contacting Parties a telephone number or email address include, but are not limited to, providing the information at account opening, adding the information to an account at a later time, or providing it to any employees, partners, or affiliates. You consent to receive SMS or text messages and understand that you will be responsible for any standard telephone minute and text charges if you are contacted. You understand that you may revoke this express consent at any time by sending an email to customerservice@dolphins.com or by calling the Miami Open at: (305) 943-8000.

7. GOVERNING LAW/JURISDICTION & ARBITRATION

All matters relating in any manner to this policy, including attending any Miami Open events, shall be construed and enforced in accordance with the laws of the State of Florida, without regard to the conflict of laws provisions of such law. You (and the user(s) of your tickets for any particular match or event at Hard Rock Stadium), agree that any dispute between or among you, your attorneys, agents, successors, heirs, and assigns, guests, or any other person who uses tickets issued to you to attend an event, on the one hand, and International Players Championship, LLC, South Florida Stadium LLC, SFS Events, LLC, and/or Miami Dolphins, Ltd. (inclusive of any of their parents, subsidiaries, owners, officers, directors, employees, agents, affiliates, concessionaires and independent contractors), on the other hand, relating in any way to your tickets, or any issues that may arise in connection with this policy shall be resolved by binding arbitration. The arbitration shall be conducted in the State of Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual. In addition, 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.

8. Acceptance of Terms/Conditions & Privacy Policy

Upon remitting any full or partial payment toward your annual Miami Open Membership Dues, or by accepting delivery of your tickets or Miami Open Member benefits, you acknowledge responsibility for payment in accordance with the terms and conditions of this policy, including the Ticketmaster Terms of Use. You understand that your personal information may be used by (i) SFSE, South Florida Stadium LLC and their parents, subsidiaries, affiliates and designees in accordance with the Hard Rock Stadium privacy policy at http://www.miamidolphins.com/footer/privacy-policy.html (as updated from time to time), and (ii) International Players Championship, LLC, IMG Worldwide, LLC and their parents, subsidiaries and affiliates in accordance with the Miami Open privacy policy at https://www.miamiopen.com//policies (as updated from time to time), which policies are hereby incorporated by reference.

9. MISCELLANEOUS

The Miami Open is not responsible for, and the member assumes all risks, incident to matches or related events, to which this ticket admits the holder, including the risk of lost, stolen or damaged property or personal injury. Ticket holders may not enter Hard Rock Stadium or otherwise use tickets for advertising, promotion or other commercial purposes (including contests, sweepstakes and giveaways) without the Miami Open’s express written consent. Upon remitting any full or partial payment toward your Membership, or by accepting delivery of your tickets or other Member benefits, you agree to the terms and conditions set forth herein as may be amended from time-to-time, as well as the Ticketmaster Terms and Conditions at http://www.ticketmaster.com/h/terms.html. You hereby acknowledge and agree that your tickets will be delivered via Ticketmaster (or its designees).

2024 Miami Open General Credential Terms & Conditions

Please read the following credential regulations. By acceptance of this credential and entering onto the Miami Open presented by Itaú tennis tournament (“Tournament”) premises, the holder of this credential (“Holder”), and on behalf of any accompanying minor, including a minor holding a separate credential, agrees to adhere to the credential regulations in full.

In consideration of participation or presence at Hard Rock Stadium and any surrounding premises during the Tournament, Holder assumes all risk of any loss, damage, injury or cost, regardless of cause, which Holder may sustain to person or property (including death) and all hazards arising from, or related in any way to, the Tournament (including, but not limited to, injuries caused by players, fans, weather, tennis balls or other objects) whether occurring prior to, during or after any match, however caused and whether by negligence or otherwise, and releases International Players Championship, LLC (“IPC”), South Florida Stadium, LLC, SFS Events, LLC, Banco Itaú International, the Women’s Tennis Association, and the Association of Tennis Professionals, Miami-Dade County, and each of their respective parents, subsidiaries, and affiliates, and each of their respective members, sponsors, directors, officers, employees, agents, representatives, volunteers, contractors, successors, and assigns (collectively, the “Tournament Parties”) from any liability arising from or related to, the Tournament. In no event will any of the Tournament Parties be liable to Holder for consequential, incidental, indirect, exemplary, or special damages of any kind.

Holder acknowledges and agrees that the issuance of this credential is subject to the prior approval of IPC and such credential can be withheld or revoked at any time for any reason at the sole discretion of IPC. By accepting and entering onto the Tournament premises, Holder agrees to comply with all the credential terms and conditions issued by IPC and the Tournament Parties, including but not limited to the following terms and conditions, which may be updated from time to time:

Terms and Conditions. A non-transferable credential is issued to an approved, qualified Holder for the sole purpose of providing access to certain restricted areas on the grounds of the Tournament, as determined by IPC in its sole discretion. These terms and conditions shall apply to all Holders. Any violation of these terms and conditions, or any unauthorized use of a credential subjects Holder to ejection from the Tournament and denial or revocation of credentials for future tournaments. Each credential is the property of IPC and may be revoked at any time at the sole discretion of IPC.

Holder and Holder’s belongings may be searched prior to or upon entry to the Tournament premises and/or any areas within, and prohibited items may be confiscated. Holder must fully comply with the Tournament Parties’ security policies, including any applicable bag policy. Holder consents to such searches and waives any claims against the Tournament Parties arising from or relating to such searches. If Holder elects not to consent to these searches or comply with these security policies, Holder acknowledges that the Tournament Parties have the right to deny Holder entry.

Holder agrees to (i) refrain from taking photographs, audio recordings, and video footage of any kind in restricted areas, including but not limited to locker rooms and the stadium inner corridor (the taking of photographs, audio recordings, and video footage applies to the use of all equipment having the capability of capturing such images, including but not limited to mobile phones); (ii) refrain from participating in or aiding and abetting, directly or indirectly, any form of gambling or betting on the outcome of any tennis match staged during the Tournament or any other activity relating to the Tournament; (iii) refrain from requesting player autographs at any time during the Tournament, with the exception of scheduled autograph sessions; (iv) refrain from bringing children, friends, family, guests, associates, or any other non-credentialed persons into any restricted areas, and (v) abide by any lawful direction given to Holder by IPC or Tournament officials during the Tournament.

Holder grants to the Tournament Parties and their respective designees the irrevocable permission to use Holder’s voice, image, and/or likeness in any media now or hereafter existing in connection with all or any part of the Tournament or related events, for any purpose whatsoever, including the commercial purposes of the Tournament Parties and/or their respective sponsors, licensees, designees, advertisers and/or broadcasters, without further permission or compensation and hereby waives any and all claims or potential claims relating to such use.

Holder agrees that Holder will not (a) continually collect, disseminate, transmit, publish or release from the grounds of the Tournament any match scores or related data during match play (from the commencement of a match through its conclusion) for any commercial, betting or gambling purpose; or (b) film, photograph, broadcast, stream, publish, transmit and/or otherwise offer to the public (or assist any third party in offering to the public), on a live or delayed basis, in whole or in part, and whether on a free basis or on subject to payment, any sound recording, photograph, video footage, motion picture, film and/or other audio-visual content captured by any means whatsoever inside the Tournament premises (collectively, the “Works”). Holder agrees that by accepting this credential and entering onto the Tournament premises, Holder shall be understood to have signed this document and granted the Tournament Parties an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works. Holder also acknowledges that the continual use of laptop computers or other handheld electronic devices within the confines (spectator area) of the Tournament match courts is prohibited.

The resale or attempted resale of this credential at any price is prohibited and will result in Holder’s removal from the Tournament premises and confiscation of this credential without refund or compensation. The use or attempted use of lost, stolen or counterfeit credentials is prohibited and such credentials are void. Breach of any of the foregoing conditions will automatically terminate the license granted by this credential, and shall constitute grounds for denial of admission, removal of Holder from the Tournament premises, and confiscation of the credential without refund or compensation to Holder. The Tournament Parties are not responsible for lost, stolen, destroyed, or counterfeit credentials. Lost, stolen, destroyed or counterfeit credentials, or credentials sold in violation of any applicable law, may not be honored. This credential may not be used for, nor may Holder enter the Tournament premises for, advertising, promotion or any other commercial purposes (including contests, sweepstakes and giveaways) without the Tournament Parties express written consent.

COVID-19 WARNING:

MUST FOLLOW ALL TOURNAMENT POLICIES, INCLUDING HEALTH AND SAFETY POLICIES AND POSTED INSTRUCTIONS, IN CONNECTION WITH THE TOURNAMENT AND STADIUM.

AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE.

BY ENTERING THE TOURNAMENT, STADIUM, AND SURROUNDING AREAS, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO EXPOSURE TO COVID-19.

This credential is a personal license and may be revoked by IPC at any time for any reason. This credential and your attendance at the Tournament is subject to the full Tournament Ticket Terms and Conditions which can be found at https://www.miamiopen.com//ticket-terms-and-conditions/.