2021 WASABI FENWAY BOWL DESTINATIONS
TERMS AND CONDITIONS
These terms and conditions (these “Terms”) govern all Wasabi Fenway Bowl Destinations (“Destinations”) packages sold by New England Sports Enterprises, LLC d/b/a Fenway Sports Management (“FSM”) (each, an “Experience”). The terms “we,” “us” and “our” refer to FSM, and the term “you” or “your” refers to the customer purchasing an Experience or otherwise using our services to purchase an Experience. By purchasing an Experience or using our services to purchase an Experience, you are agreeing to be bound by these Terms. You agree that any violation of these Terms may result in (a) the cancellation of your Experience, (b) your forfeiture of any monies paid for your Experience, (c) you being denied access to any of the products or services included in your Experience, and (d) our right to charge you for any costs we incur as a result of such violation.
You represent and warrant that (i) you are the legal age of majority in your jurisdiction and can create binding legal obligations, (ii) you are legally authorized to act on behalf of all persons for whom you are purchasing an Experience (each, a member of your “Experience Party”), to grant the waivers and releases set forth below on their behalf, and to accept these Terms on their behalf, and (iii) the information supplied by you is true and correct. You are responsible for informing each member of your Experience Party of all terms and conditions applicable to their Experience arrangements, including, without limitation, furnishing a copy of these Terms to each of them.
RESERVATIONS & PAYMENT
Full payment for the Experience is due to FSM at the time of purchase. Payment must be made by cashier’s check, MasterCard, Visa, American Express, or Discover. All presently known government and local taxes on products and services comprising the Experience are included in the Experience purchase price. No Experience reservation will be booked unless and until full payment for the Experience is received by FSM.
REFUNDS & CANCELLATIONS
Except as expressly set out in these Terms, all Experience reservations are final, nonrefundable and cannot be cancelled, changed, exchanged, or transferred to another party. FSM regrets that it cannot make any exceptions to this policy for illness, personal emergency or any other circumstance. We strongly encourage the purchase of travel insurance for your Experience.
EXPERIENCE DOCUMENTS & ITEMS
An Experience itinerary will be e-mailed to you at least one week prior to your Experience arrival date. It is your responsibility to keep the e-mail address and other contact information provided by you at booking up-to-date at all times. FSM will not be responsible for misdirected, blocked, or delayed e-mail, including as a result of any form of active or passive filtering of any kind, or insufficient space in your e-mail account to receive e-mail messages or electronic communications that go to your “spam” or “junk” folder.
It is your responsibility to ensure that all of the details on your Experience itinerary and accompanying e-mailed documents (collectively, your “Experience Documents”) are correct and to bring to our attention any error or discrepancy immediately. Your Experience Documents are valuable and should be safeguarded by you. It is not always possible to replace your Experience Documents in the case of loss, theft or damage. If you are traveling to the Experience from outside the United States, it is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. We do not accept any responsibility in the case of you being unable to travel due to noncompliance with any such requirement.
All merchandise, uniforms, gifts and apparel included your Experience, Experience credentials and event tickets (if applicable) (collectively, the “Experience Items”) will be available for pickup at the time and location indicated in your Experience itinerary. It is your responsibility to pick up (or arrange for a third party to pick up) your Experience Items and the Experience Items for all members of your Experience Party. In some instances, these items will be delivered to the shipping address provided by you at the time of booking your Experience, so please read your Experience itinerary carefully to note when, where and how to obtain the Experience Items. We do not accept P.O. Boxes as shipping addresses so please provide a valid mailing address that will accept courier packages. Please note an additional charge will apply to ship documents to Canada or any address outside the United States. FSM will not be responsible for any Experience Items that are lost, misplaced, abandoned, forgotten, damaged or destroyed by you or any member of your Experience Party.
Hotels may require certain information from you to make a room reservation and a credit card or cash deposit upon check-in to cover incidental hotel charges. You, on behalf of yourself and each member of your Experience Party, hereby authorize FSM to share your information and the information of each member of your Experience Party, including first and last names, with the hotel(s) identified in your Experience description at the time of booking (a “Hotel”) to the extent necessary for FSM to carry out its obligations to you in connection with your Experience. You and each member of your Experience Party is solely responsible for:
- all incidental charges incurred by you at Hotels during your Experience. All such charges must be paid directly to the Hotel by you and/or members of your Experience Party upon check-out.
Requests for specific room types, including smoking, non-smoking, or specific bedding, are subject to Hotel availability at time of check-in, and cannot be guaranteed.
Please review the elements of your Experience carefully as not all Experiences include hotel accommodations. You are responsible for arranging your own accommodations (if needed) should your Experience exclude hotel accommodations.
FSM obtains tickets for Experience events at various times and may not be in physical possession of such tickets at the time that you purchase your Experience. Experience event tickets may be paper tickets that need to be physically presented at the time of entry to the event or they may be electronic tickets that can be stored on your mobile device or they may be delivered or presented in another form or medium. Please consult your Experience itinerary for instructions on how to obtain tickets for any events included in your Experience. Special ticket requests, including requests for specific seating locations, are subject to availability and cannot be guaranteed.
For Experiences that include a game jerseys or uniforms (each, “Experience Apparel”), all Experience Apparel requests must be fully completed and returned to us by the date specified on the order form included with your booking registration or Experience Documents (the “Order Deadline”). FSM cannot guarantee on-time delivery of Experience Apparel that is not ordered by the Order Deadline. All Experience Apparel orders are final and nonrefundable. FSM is not responsible for fulfilling resizing requests or changes to quantity ordered.
COACH OR PLAYER APPEARANCES
Any current or former coach or player appearance included in your Experience shall be subject to such coach’s or player’s availability. FSM reserves the right to substitute any coach or player for an alternative coach or player (determined in FSM’s sole discretion) at any time and for any reason.
VENDORS AND SUPPLIERS
REQUESTS FOR REASONABLE ACCOMODATIONS FOR PERSONS WITH DISABILITIES
Providing us with a written description in your Experience reservation (or as soon as practical any time thereafter) of any request you may have for reasonable accommodations for you or anyone in your Experience Party will greatly assist in the process of determining reasonable options to accommodate any physical disability or request for special assistance. We will use commercially reasonable efforts to accommodate you or anyone in your Experience Party, including, without limitation, working with our Suppliers to provide such accommodation.
CODE OF CONDUCT
FSM is committed to delivering a safe and enjoyable experience for all Destinations participants. You and each member of your Experience Party shall:
- wear your Experience credentials at all times while participating in any Experience event or activity,
- obey all instructions of the Destinations and venue personnel,
- only occupy your ticketed event seats and show your event tickets when requested, and
- comply with all transportation or venue rules that are posted or provided to you, including but not limited to the terms on any Experience event tickets and all COVID-19 safety protocols and requirements communicated to you.
Neither you nor any member of your Experience Party shall engage in disruptive behavior, including foul, abusive or obscene language or gestures, fighting, throwing objects or fluids, harassment of any other person, or trespassing onto the playing field or any other restricted venue area. You and each member of your Experience Party shall consume alcoholic beverages responsibly. Violators of the foregoing code of conduct (the “Code of Conduct”) risk immediate ejection from the Experience (as well as the applicable venue) and other penalties, including lifetime bans from venues and future programs operated by FSM or its affiliates and possible arrest, and any such ejection shall be at your sole cost and expense (including transportation and lodging costs). Without limiting any of its other rights, FSM may decline or cancel your Experience reservation if FSM determines, in its sole discretion at any time, that you or any member of your Experience Party violated the Code of Conduct. If you or any member of your Experience Party becomes aware of a security concern or person in need of assistance during the Experience, or observes another person interfering with another participant’s enjoyment of the Experience, you should notify FSM or venue personnel or any other appropriate authority of such matter immediately.
CANCELLATION BY FSM
We reserve the right to cancel your Experience for any reason and at any time in our sole discretion, in which event you will be entitled to a full refund of all payments previously made for such Experience, except in the event of a cancellation of such Experience due to a Force Majeure Event (defined below) or your violation of these Terms, including without limitation for non-payment or breach of the Code of Conduct.
You acknowledge and agree that FSM shall not be responsible for, and you assume all risk in connection with, any cancellation, delay or change to an Experience, including, without limitation, with respect to any benefit provided to you in connection therewith, that results from a Force Majeure Event, and in no event shall FSM be obligated to refund you for any cancellation, delay or modification of your Experience as a consequence thereof.
For purposes of these Terms, a “Force Majeure Event” shall mean strikes or work stoppages, war, fire, earthquake, flood, wildfire, tornado, hurricane, volcanic eruption or other natural catastrophe, embargo, riot, insurrection, acts of public enemies, acts of terrorism, pandemic, epidemic or public health crisis, or action of federal, state, or local governmental authorities or sport regulatory bodies governing the conduct of teams or use of sports venues (e.g., travel bans, venue closures, assembly restrictions, game cancellations or postponements) or other events or reasons for delay or cancellation of the Experience beyond the reasonable control of FSM.
If the Experience is cancelled, delayed or interrupted, or the performance of FSM under these Terms is made impossible because of a Force Majeure Event, such cancellation, delay, interruption or failure to perform shall not be considered a breach of these Terms by FSM.
FSM reserves the right to decline any person as a participant in a Destinations Experience or to cancel an Experience completely in FSM’s sole and absolute discretion. If an Experience is cancelled by FSM for any reason other than a Force Majeure Event, violation of the Code of Conduct or non-payment in violation of these Terms, FSM will remit a full refund of amounts paid for such cancelled Experience. Such refund shall be your sole and exclusive remedy for the cancelled Experience.
ASSUMPTION OF RISK & RELEASES
You hereby, on behalf of yourself and each member of your Experience Party, including without limitation any of your minor children in such Experience Party (collectively, the “Releasing Parties”), voluntarily assume all risk and danger of property loss and personal injury or death incidental to attendance at your Experience or participation in any activities related thereto, or the use of any of the products or services included in your Experience, including, without limitation, the game of football, flying balls and airborne equipment, and the structure and condition of Fenway Park or its adjacent structures or surrounding areas, and exposure to or contraction of COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 or any other airborne, aerosolized or surface transmissible communicable or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”).
To the extent permitted by law, you, on behalf of yourself and each member or your Experience Party, including any of your minor children in such Experience Party (if applicable), hereby fully, completely and forever release and discharge FSM, the Boston Red Sox Baseball Club Limited Partnership, ESPN Productions, Inc., d/b/a ESPN Events, the participating teams, and for each of the foregoing their respective affiliates, owners, general and limited partners, shareholders, directors, managers, officers, employees, volunteers, players, coaches, contractors, sponsors, vendors, licensees, partners, representatives, and agents, and the MLB Entities (collectively, the “Released Parties”) from any and all claims, actions, causes of action, suits, damages, judgments, demands or other liabilities whatsoever in law, at equity or otherwise, whether known or unknown, whether or not concealed or hidden, fixed or contingent, which you ever had, now have or may have in the future against any of the Released Parties, based on or arising out of any matter, cause, act or omission whatsoever, relating in any way to any personal injury or death or property loss or damage that may be suffered by any of the Releasing Parties at any time in connection with your Experience, including without limitation damage or theft that may occur during the Experience, such as loss or theft of luggage, or any cancellation, delay, or change to Experience events or activities that result from a Force Majeure Event, except to the extent that any such claim, action, cause of action, suit, damages, judgment, demand or other liability results from FSM’s gross negligence or willful misconduct.
You, on behalf of yourself and each member of your Experience Party, including any of your minor children in such Experience Party (if applicable), hereby grant the Released Parties the worldwide and perpetual right to use, reproduce, distribute, broadcast or otherwise transmit, create derivative works of, publish, perform and display, in whole or in part, your name(s), image(s) or likeness(es) or any biographical information you may provide to us in connection with the purchase of your Experience, and, if applicable, and any statement you have made or may make concerning your Experience or Experiences generally, Destinations or any component thereof in any and all media now known or hereafter invented, in perpetuity, for any purpose, without notification, compensation or additional consideration, unless prohibited by law.
For purposes of these Terms, “MLB Entities” means the office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, Tickets.com, LLC, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the foregoing entities and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
You hereby also consent, on behalf of yourself and each member of your Experience Party, including any of your minor children in such Experience Party (if applicable), to the terms and conditions set forth on the back of each of the event ticket included in your Experience.
COMMUNICABLE DISEASE WAIVER
PLEASE BE AWARE THAT COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. YOU AGREE, ON BEHALF OF YOURSELF AND EACH MEMBER OF YOUR EXPERIENCE PARTY (INCLUDING ANY OF YOUR MINOR CHILDREN IN SUCH EXPERIENCE PARTY (IF APPLICABLE)), TO (i) ASSUME ALL RISKS ASSOCIATED WITH EXPOSURE TO OR CONTRACTION OF COVID-19 OR ANY OTHER COMMUNICABLE DISEASE, AND (ii) COMPLY WITH ALL HEALTH AND SAFETY POLICIES AND PROTOCOLS PROVIDED TO YOU BY US OR ON OUR BEHALF (INCLUDING, WITHOUT LIMITATION, BY ANY SUPPLIER OF YOUR EXPERIENCE), AS WELL AS CURRENT GUIDANCE OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND APPLICABLE FEDERAL, STATE, CITY AND LOCAL LAWS AND POLICIES.
Without limiting the foregoing, the Releasing Parties voluntarily assume all risk and danger in any way related to any of them being exposed to or contracting any Communicable Disease during or in connection with their participation in the Experience or their presence at Fenway Park. By participating in the Experience or otherwise being present at Fenway Park, the Releasing Parties acknowledge and expressly assume the risk that any of them may be exposed to a Communicable Disease. You expressly acknowledge, on behalf of yourself and each member of your Experience Party (including any of your minor children in such Experience Party, if applicable), that you understand that the risks of exposure to Communicable Disease include contracting a Communicable Disease and its associated dangers, medical complications (including death) and physical and mental injuries, both foreseen and unforeseen, that may result from contracting a Communicable Disease. You further acknowledge and understand, on behalf of yourself and each member of your Experience Party (including any of your minor children in such Experience Party, if applicable), that your or their interaction with FSM or Fenway Park staff, other Experience participants or any other individual present at your Experience poses an elevated, inherent risk of being exposed to and contracting a Communicable Disease, that it cannot be guaranteed that you or anyone else in your Experience Party (including any of your minor children in such Experience Party, if applicable) will not be exposed to a Communicable Disease, and that potential exposure to or contraction of a Communicable Disease while participating in the Experience or otherwise being present at Fenway Park are risks that cannot be eliminated. If infected with a Communicable Disease, you acknowledge and understand, on behalf of yourself and each member of your Experience Party (including any of your minor children in such Experience Party, if applicable), that you or they may subsequently infect others, even if you or they don’t experience or display any symptoms.
In connection with the foregoing, you agree, on behalf of yourself and each member of your Experience Party (including any of your minor children in such Experience Party, if applicable), that neither you nor they will participate in the Experience or be present at Fenway Park in any capacity if, within fourteen (14) days preceding the commencement of the Experience, any of you: (i) test positive or presumptively positive for a Communicable Disease or are identified as a potential carrier of a Communicable Disease; (ii) experience any symptoms commonly associated with a Communicable Disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; (iii) travel to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” Advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”); or (iv) are in direct contact with or the immediate vicinity of any person who is either confirmed or suspected of being infected with a Communicable Disease or who has travelled to a Prohibited Country within fourteen (14) days preceding your or their (as the case may be) encounter with such person. You further agree, on behalf of yourself and each member of your Experience Party (including any of your minor children in such Experience Party, if applicable), that you will submit to any health screening or Communicable Disease testing that is required as a condition of your participation in the Experience or presence at Fenway Park.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND EACH MEMBER OF YOUR EXPERIENCE PARTY (INCLUDING EACH OF YOUR MINOR CHILDREN IN SUCH EXPERIENCE PARTY, IF APPLICABLE), HEREBY WAIVE, RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FOR, AND THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR, ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COMMUNICABLE DISEASE BY YOU OR ANY OTHER INDIVIDUAL INFECTED BY YOU, INCLUDING, WITHOUT LIMITATION CLAIMS RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE EXPERIENCE OR BEING PRESENT AT FENWAY PARK DURING A COMMUNICABLE DISEASE PANDEMIC.
You agree to indemnify us and our affiliates and Suppliers, and any such parties’ officers, directors, employees and agents, as well as the MLB Entities, from and against any losses, damages or other costs, (including reasonable attorneys’ fees) incurred by any of us as a result of any claim, cause of action, demand, suit or proceeding resulting from: (a) your breach of these Terms; (b) your violation of any applicable law; or (c) your gross negligence or willful misconduct (each, an “Indemnification Cause”). For the avoidance of doubt, the foregoing indemnity shall apply if anyone in your Experience Party triggers an Indemnification Cause.
DISCLAIMERS & LIMITATION OF LIABILITY
FOR THE AVOIDANCE OF DOUBT, REFERENCES TO “US,” “WE” AND “OUR” SHALL ALSO REFER TO OUR AFFILIATES. THE INCLUSION OR OFFERING OF ANY PRODUCT OR SERVICE BY US IN YOUR EXPERIENCE OR ANY OTHER EXPERIENCE DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO SUCH PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE. HOTELS AND OTHER SUPPLIERS PROVIDING PRODUCTS OR SERVICES IN YOUR EXPERIENCE ARE INDEPENDENT CONTRACTORS AND NOT OUR AGENTS OR EMPLOYEES. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIER OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY LOSS OR DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR EXPERIENCE OR YOUR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES INCLUDED THEREIN, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATIONS OF LIABILITY SET FORTH IN THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH YOUR EXPERIENCE OR ANY OF THE PRODUCTS OR SERVICES INCLUDED THEREIN, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE PRICE OF YOUR EXPERIENCE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS PARAGRAPH REFLECTS THE ALLOCATION OF RISK BETWEEN US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of these Terms, your purchase or any Experience or use of any of the services or products included therein. These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. For all disputes relating to Experiences or these Terms, each one of us submits to the exclusive jurisdiction of the state and federal courts located in Suffolk County in the Commonwealth of Massachusetts, and waives any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired. Except as expressly set forth in these Terms, no waiver or modification of any of these Terms shall be effective unless expressed in writing and executed by both of us. These Terms sets forth our entire understanding and agreement with respect to the Experiences and supersede all prior understandings or agreements between us relating thereto. Experiences may not be used by you or any third party for advertising, promotional or other commercial purposes without our prior written consent.
Last updated October 14, 2021