Perfect Game Youth Baseball/Softball Event Ticket Media Rights and No-Recording Clause
Media Rights; Prohibited Recording/Photography; Permission; Enforcement; Waiver; Severability; Entire Agreement
1. Definitions. For purposes of this ticket term/condition (this Clause): (a) Perfect Game means Perfect Game Incorporated and its affiliated entities involved in operating, sanctioning, hosting, or administering the youth baseball/softball event identified on this ticket (the Event); (b) Attendee means the ticket purchaser and each person who uses, holds, or is admitted with this ticket, including any minor accompanied by an adult; (c) Media means any photograph, image, video, audio, livestream, broadcast, recording, clip, highlight, scorebug capture, screen recording, or other capture of sounds or images, in any format now known or later developed, whether captured by phone, camera, tablet, wearable device, computer, or any other device; (d) Recording means creating, transmitting, streaming, reproducing, or distributing any Media, whether for commercial or noncommercial purposes, and whether in whole or in part; (e) Written Permission means express written permission issued by Perfect Game in a written instrument (including an email or other written authorization) that specifically authorizes the Attendee (or identified person/entity) to record and that states any applicable scope, limitations, and conditions.
2. No Recording or Photography Without Express Written Permission. The Attendee shall not, and shall not attempt to, record, photograph, film, livestream, broadcast, transmit, or otherwise create any Media of the Event (including any game action, warmups, dugouts, fields, stands, participants, coaches, officials, or other attendees) without Perfect Game's prior express Written Permission. Any Recording without Perfect Game's prior express Written Permission is strictly prohibited, constitutes a material
violation of this ticket condition, and is grounds for immediate removal from the Event and/or denial of entry without refund to the maximum extent permitted by law.
3. Perfect Game Owns All Media Rights. The Attendee acknowledges and agrees that Perfect Game exclusively owns, controls, and reserves all rights of every kind in and to the Event's media and publicity rights, including all rights to photograph, record, capture, reproduce, distribute, display, perform, transmit, stream, broadcast, license, and otherwise exploit the Event and any Media of the Event, in any manner, in any media, and for any purpose, worldwide, in perpetuity, to the maximum extent permitted by law (Media Rights). No right, license, or permission to create or use Media is granted by the purchase, possession, or use of this ticket, except as may be expressly granted in Perfect Game's Written Permission.
4. No Circumvention; Device and Platform Restrictions. The Attendee shall not circumvent, disable, or interfere with any Event policies, signage, staff instructions, technological measures, or access controls intended to prevent or limit Recording. The Attendee shall not post, upload, publish, sell, license, monetize, or otherwise distribute any Media of the Event on any website, application, social media platform, messaging service, or other channel without Perfect Game's prior express Written Permission, even if the Media was captured inadvertently or by another person.
5. Compliance With Instructions; Remedies. The Attendee shall comply with all instructions from Perfect Game and Event personnel regarding Recording/photography restrictions. Without limiting any other rights or remedies, Perfect Game may (a) refuse entry, (b) remove the Attendee, (c) require deletion of any prohibited Media in the presence of Event personnel, and/or (d) take other lawful steps to protect Perfect Game's Media Rights. The Attendee acknowledges that unauthorized Recording may cause harm
not readily measurable in money damages and that Perfect Game may seek all lawful remedies available.
6. No Waiver; Severability; Entire Agreement (Ticket Terms). Perfect Game's failure at any time to demand strict performance of any term of this Clause shall not be construed as a continuing waiver of that term or any other term, and no waiver in any instance shall be deemed a waiver in any future instance or occurrence. If any term or provision of this Clause is held unenforceable or invalid, such unenforceability or invalidity shall not affect the validity or enforceability of the remaining terms, which shall be interpreted and construed to carry out the full intent of this Clause to the maximum extent permitted by law. This Clause constitutes the entire understanding between Perfect Game and the Attendee regarding the subject matter of Recording/photography restrictions and Media Rights for the Event and supersedes all prior or contemporaneous oral or written understandings on that subject; any change, modification, or waiver of this Clause shall be binding only if made in a written instrument issued by Perfect Game.