ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Monday, March 29, 2021

TFW: Terms and Conditions Warn of "Death" and "Permanent Damage"

Professional WrestlingLast week, we covered the story of a woman who was hit by a baseball and was seriously injured at a Cubs game.  At the time she was injured, back in 2018, she was unaware that there was an arbitration clause in the terms and conditions on the back of her ticket.  Now we have a story of tickets that warn attendees that if they attend the event (UFC 261), along with 15,000 other people, they are assuming the risk of contracting COVID-19.  Buyers are not scared.  Tickets are now being sold at 20x face value.  

Here's the language:

UFC 261

The story concludes by noting that if somebody gets sick as a result of attendance, UFC President Dana White and the UFC "have more than made sure they are protected legally."  Well that depends on whether a boilerplate assumption of risk clause on the back of a ticket is enforceable against somebody who, for example, bought the ticket third-hand at 20x face value.

Hat tip: Stefan Padfield

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