In these Conditions of Issue the following words and phrases shall have the following meanings:
“Club” means Middlesbrough Football & Athletic Company (1986) Limited.
“Conditions of Issue” means these terms and conditions governing the issue and use of a Home Match Ticket.
“Football Authority” means each of the Premier League, The English Football League, The Football Association, The Football Association of Wales, FIFA, UEFA and other relevant governing body of association football.
“Ground” means the Riverside Stadium or other stadium as the Club may relocate to on a permanent or temporary basis during the Season.
“Ground Regulations” means those ground regulations issued by the Club or the relevant Football Authority from time to time that set out the terms and conditions upon which spectators are granted entry to the Ground (copies of which are available on the Club’s website, www.mfc.co.uk or upon request from the Ticket Office).
“Guest” means a relative, friend or colleague who is not excluded from the Ground due to breach of the Conditions set out in Section 7 or otherwise and would be entitled to purchase a Home Match Ticket in their own right under the Terms & Conditions of Entry.
“Match(es)” means any Football Authority match in which the Club participates and that takes place at the Ground during Season 2021-22 as designated upon the ticket to which these Conditions of Issue apply.
“Material” means any audio, and/or visual and/or audio-visual material and/or any information or data. “Spectator Code of Conduct” means the spectator code of conduct in place at the Ground from time to time to mitigate the spread of COVID-19 which must be adhered to by each spectator attending the Ground or any similar spectator code introduced by a government, local authority, Football Authority or the Club.
“Terms & Conditions of Entry” means each of the rules and regulations of any Football Authority; the Ground Regulations; and the Conditions of Issue and the Spectator Code of Conduct (all of which are available from the Club on request from Supporter Services the Ground Regulations and Conditions of Issue are also available via the Club website at www.mfc.co.uk).
“Visiting Club” means the football club playing against the Club.
1. Issue of Home Match Ticket
1.1. The issue of a Home Match Ticket and subsequent access to the Ground is subject to the Terms & Conditions of Entry.
1.2. Home Match Tickets are for the use of supporters of the Club only. By applying for a Home Match Ticket and/or using the same you hereby warrant and represent that you are a supporter of the Club and/or that you are not a supporter of the Visiting Club.
1.3. Supporters aged Under 14 must be accompanied by an adult at every Match in accordance with Section 2.13 of this document.
1.4 You are responsible for use of your Match Ticket at all times. You must retain your Match Ticket for the duration of the Match and produce your Match Ticket for inspection upon request.
2. Admission to the Ground
2.1. By purchasing and/or accepting and/or holding a Home Match Ticket and/or using a Home Match Ticket to gain access to the Ground, you:
2.1.1 acknowledge that you are responsible for deciding whether or not you should attend any Match and, prior to attending each Match, certify that you have carried out a personal risk assessment based on your own age, health and susceptibility to infection and clinical vulnerability and of those in your household or support bubble (based on government guidelines);
2.1.2 prior to attending each Match certify that you are not currently displaying COVID-19 symptoms and agree that if you or any member of your household or support bubble develop any COVID-19 symptoms you will not attend the Match or the Ground;
- (a) certify that you have read, understood and accepted;
- (b) agree to be bound by and to comply with; and
- (c) agree to bring to the attention of others, as required below, the Terms & Conditions of Entry;
2.1.4 agree to provide your name and contact details for contact tracing purposes and understand that the Club may share these details with NHS and government contact tracing services; and
2.1.5 will comply with any social distancing measures in place at all times.
2.2. A Home Match Ticket permits you to occupy at the Match the seat indicated on the Home Match Ticket (subject to clauses 2.3 and 2.4) which shall be allocated at the Club’s sole discretion. For the avoidance of doubt, you must not sit in any other seat other than the one allocated to you. All access to the Ground pursuant to a Home Match Ticket shall be for the purposes of private enjoyment of the Match only, not for commercial purpose (and no authorisation is given or implied in respect of the carrying out of any commercial activities).
2.3. The Club reserves the right to allocate to you, such other alternative seat of equal or greater price as the Club may decide using its reasonable discretion. In particular, you acknowledge and accept that due to reduced Ground capacity during the 2021/22 Season you may be allocated a seat in a different part of the Ground to the one you had selected at point of sale, which shall be at the sole discretion of the Club.
2.4. Nothing in these Conditions of Issue shall constitute or imply any entitlement to occupy the seat indicated on the Home Match Ticket in any subsequent Match or season.
2.5. A Home Match Ticket permits you to access and egress the stand and utilise the communal bar and toilet facilities in the concourse area allocated to the seat indicated on the Home Match Ticket (or such other seat as decided by the Club). Movement to another stand or concourse area is not permitted except in an emergency and when directed by a steward or police officer.
2.6 Save as set out in clause 2.7 below, you shall not capture, log, record, transmit, play, issue, show or otherwise communicate (by digital or other means) any Material in relation to the Match, any players or other persons present in the Ground and/or the Ground, nor may you bring into the Ground or use within the Ground (or provide to, facilitate or otherwise assist another person to use within the Ground) nor may you bring into the Ground any equipment or technology which is capable of capturing, logging, recording, transmitting, playing, issuing, showing or otherwise communicating (by digital or other means) any such Material. Any person acting in breach of this provision may have such equipment or technology confiscated and/or will be required to deliver up any tapes, films, disks, memory cards, memory sticks or other recordings of the Material (and all copies thereof) in whatever form, to the relevant Football Authority and/or the Club and the copyright, database right and all other rights, title and interest in and to all Material is hereby assigned to the relevant Football Authority, including by way of present assignment of future copyright pursuant to section 91 of the Copyright, Designs and Patents Act 1988. You further agree (if and whenever required to do so by the relevant Football Authority) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the relevant Football Authority absolutely and with full title guarantee.
2.7 Mobile telephones and other mobile devices are permitted within the Ground, PROVIDED THAT (a) they are used for personal and private use only (which, for the avoidance of doubt and by way of example only, shall not include the capturing, logging, recording, transmitting, playing, issuing, showing, or any other communication of any Material for any commercial purposes); and (b) no Material that is captured, logged, recorded, transmitted, played, issue, shown or otherwise communicated by a mobile telephone or other mobile device may be published or otherwise made available to any third parties including, without limitation, via social networking sites or social media platforms.
2.8 Save for official Club merchandise and/or other football related clothing worn in good faith, you shall not bring into, use or display within the Ground any sponsorship, promotional, marketing, defamatory or offensive materials.
2.9. You shall not offer or distribute (either free or for sale by any person) within the Ground any consumer article or commercial product of any nature. For the avoidance of doubt this clause shall not prevent the lawful distribution of text publications in any format which do not infringe clause 2.6 where both the content and the publication are lawful in all respects and do not in the Club’s reasonable opinion constitute a threat to public order, subject to the prior written consent of the Club being obtained.
2.10 The Club reserves the right to refuse admission to, or eject from, the Ground any person who fails to comply with the Terms & Conditions of Entry.
2.11 The Club reserves the right to refuse admission to, or eject from, the Ground any person who fails to comply with social distancing and other COVID-19 related measures in place at the Ground from time to time.
2.12 Without prejudice to the representation at clause 1.2 above, and in light of the Home Match Ticket holders being grouped together in designated areas, any attempt to gain access to the Ground wearing or carrying apparel (including, without limitation, hats and/or scarves) that demonstrate support for the Visiting Club, may result in admission being refused or you being ejected from the Ground and in such circumstances no refund or alternative seat will be offered.
2.13 The Club takes its responsibility for the safeguarding of children seriously, as a result we have raised the age of children attending matches unattended at the Ground to 14 years old, therefore any supporter under 14 years old must be accompanied by, and seated with, a qualifying adult, parent or guardian, (age 18 years and over). Where seats directly together are not available, the Club will make a decision based on the proximity of the nearest seat, and the decision is not negotiable.
2.14 You attend Matches at the Ground at your own risk and will not hold or seek to hold the Club, its officers, employees, contractors and/or agents responsible for any injury, damage, loss, cost or expense whatsoever suffered as a result of your attendance at any Match (for example as a result of being inadvertently hit by a ball). This does not affect your statutory rights in the even that such injury, damage, loss, cost or expense is proven to be a direct result of negligence of the Club. The Club may from time to time advise of further risks of which they are aware.
3. Use of Home Match Ticket
3.1. Subject to clause 3.3, Home Match Tickets are issued for your personal use and you shall not resell, dispose of, assign, (save as set out in clause 3.2 below) transfer or lend or otherwise deal with the Home Match Ticket or the benefit of it to any other person without the prior written consent of the Club. Further you shall not use the Home Match Ticket for any commercial purpose. The reference to reselling the Home Match Ticket includes reference to offering to sell a Home Match Ticket (including, without limitation, via any website or online auction site), exposing a Home Match Ticket for sale, making a Home Match Ticket available for sale by another person and advertising that a Home Match Ticket is available for purchase. For the avoidance of doubt (and by way of example only) the Home Match Ticket may not be offered as a prize in any promotion or competition nor transferred, lent or sold to any third party as part of a hospitality or travel package, given to a third party who agrees to buy another good or service, or used for any other commercial purpose or disposed of in any other way, save as expressly authorised by relevant Football Authority or the Club.
3.2 All concessionary Home Match Tickets must be used by a person of the age/concession category to which the Home Match Ticket is assigned in accordance with clause 5. In the event of a person entering the Ground, or attempting to enter the Ground, with a concessionary Home Match Ticket for which he/she does not qualify the Home Match Ticket and relevant purchasing account will be nullified and no refund will be given. Further, any Home Match Ticket issued free of charge to a companion of a disabled or vulnerable supporter to enable such disabled or vulnerable supporter to attend the Match is only valid if the disabled or vulnerable person is present at the time and point of entry and throughout the duration of the Match.
3.3 If more than one Home Match Ticket is issued to you, one Home Match Ticket must be retained by you for personal use (subject to the provisions below) and the remainder may be transferred to your Guest(s) for his/her/their personal use only PROVIDED THAT such transfer takes place in consideration of no payment or benefit in excess of the face value of the Home Match Ticket and such transfer does not take place in the course of any business or for the purpose of facilitating any third party’s business. Such transfer to any Guest will be subject to the Terms & Conditions of Entry which will apply to and bind each Guest as if he/she was the original purchaser of the Home Match Ticket (and you must inform the Guest(s) of this) and only if all Covid-19 compliance requirements are satisfied. You will provide the name and address of your Guest(s) when asked to do so by any official, steward or employee of the Club and/or any police officer. In the event that you and/or your Guest(s) are unable to use any Home Match Ticket then you may transfer that Home Match Ticket(s) to a natural person who is known to you personally and who would be entitled (under the Terms & Conditions of Entry and otherwise) to purchase such Home Match Ticket and attend such Match PROVIDED THAT such transfer takes place in consideration of no payment or benefit in excess of the face value of the Home Match Ticket, and such transfer does not take place in the course of any business or for the purpose of facilitating any third party’s business. Such transfer will be subject to the Terms & Conditions of Entry which will (save for any rights to transfer under this clause) apply to and bind the transferee as if he was the original purchaser of the Home Match Ticket (and you must inform the transferee of this). You will provide the name and address of the transferee when asked to do so by any official, steward or employee of the Club and/or any police officer.
3.4 A designated family area, the Generation Red Family Zone (the “Family Zone”) is available in the East Stand when the normal Ground capacity is available. It is recommended as an enjoyable area for families, in particular new family spectators, to watch the match.
3.5 The unauthorised sale or disposal of tickets (including Home Match Tickets) may amount to a criminal offence under section 166 of the Criminal Justice and Public Order Act 1994, as amended by the Violent Crime Reduction Act 2006. The Club will inform the police if it becomes aware that Home Match Tickets are being sold or disposed of illegally and will press charges against those breaking this law. If you are convicted of a ticket touting offence, or we reasonably suspect you have committed a ticketing offence, we will notify the relevant Football Authority who may in turn notify other Premier League/Football League Clubs and/or event holders and/or the relevant law enforcement authorities. The information that we share may include your personal data, event holder’s information about the offence and about ticket purchases (including payment details). We will use this to identify and prevent ticketing offences and disorder at matches.
3.6 The Home Match Ticket will remain the property of the Club at all times and must be produced together with evidence of your identity if required to do so by any official, steward or employee of the Club or any police officer. The Club reserves the right to require the immediate return of the Home Match Ticket at any time.
3.7 You must remain seated at all times the Match is in play.
3.8 You must only sit in the seat allocated to you and must not move or change seats for any reason unless requested to do so by Club staff.
3.9 You must avoid non-essential movement around the Ground.
3.10 You must at all times respect social distancing measures, be respectful to others, follow signs and obey instructions from Club stewards and announcements. 3.11 Any Home Match Ticket obtained or used in breach of the Terms & Conditions of Entry shall be automatically void and all rights conferred or evidenced by such Home Match Ticket shall be nullified. Any person seeking to use a Home Match Ticket in breach of the Terms and Conditions of Entry in order to gain entry to the Ground or remain at a Match will be considered to be a trespasser and will be refused entry to, or ejected from, the Ground in respect of a particular Match and/or may have his/her Home Match Ticket cancelled or withdrawn. In the event of any cancellation or withdrawal in accordance with this clause 3.11, no refund shall be payable. The Club further reserves its right to take any legal action against any person(s) as it sees fit in connection with such matters, including a claim for an account of profits made from an unauthorised use of the Home Match Ticket.
4. Changes to Dates, Refunds & Exchanges
4.1. The price of a Home Match Ticket, in whole or in part, is non-refundable. For the avoidance of doubt, all home and away match tickets are non-refundable.
4.2. No guarantees can be given by the Club that a Match will take place at a particular time or on a particular date. The dates and/or kick off times of all matches during a season are subject to change for any reason including, without limitation, rearrangement due to television broadcasting or cup competition requirement or on the advice or imposition of any Football Authority or regulatory or government body or local authority. The Club reserves the right to reschedule any Match without notice and without any liability whatsoever. Your Home Match Ticket will enable you to attend the re-arranged Match.
4.3. The Club will have no further liability whatsoever, including (but not limited to) any indirect or consequential loss or damage, loss of enjoyment or travel/accommodation costs.
4.4 In the event at any time during the 2021/22 season, that any Match is played behind closed doors or is cancelled, the capacity of the Ground is restricted below the total number of Home Match Tickets sold, the Club shall in its absolute discretion determine who shall be given priority for allocation of a seat for the any Match (where not played behind closed doors) and what will constitute a reasonable alternative to the use of the Home Match Ticket.
5. Concession Pricing
5.1. To qualify for an Under 18 or Under 11 concession Home Match Ticket, the user of the Home Match Ticket must be under the relevant age on the date of the Match to which the Home Match Ticket applies.
5.2. To qualify for an Over 65 concession Home Match Ticket, the applicant must be 65 years of age or older on the date of the Match to which the Home Match Ticket applies.
5.3 To qualify for an 18-21 concession Home Match Ticket the applicant must be at least 18 years of age but less than 21 years of age on the date of the Match to which the Home Match Ticket applies.
5.4 To qualify for a disabled supporters concessionary Home Match Ticket, the applicant must be able to demonstrate they qualify for the concession in accordance with the eligibility criteria set out at https://www.mfc.co.uk/supporter-services/supporter-information/disabled-supporters
5.5 Any concessionary Home Match Tickets will be sold subject to the specific terms set out for that category of Home Match Ticket from time to time. The Club in their absolute discretion will have the right to refuse any application to purchase which does not in their opinion comply with any such conditions.
6. Lost or Stolen Home Match Tickets
6.1. In order to gain admission to the Ground the Home Match Ticket must be presented in its entirety at the Match.
6.2 The Club shall not be obliged to issue any replacement for a lost, stolen or destroyed Home Match Ticket.
6.3 If the ground entry system shows your Home Match Ticket has accessed the Ground for the Match, the Club will not under any circumstances issue a duplicate ticket for the Match to grant you or any other person access to the Ground. It is your responsibility to retain your Home Match Ticket and prevent use of the Home Match Ticket other than in accordance with the Terms & Conditions of Entry.
7. Cancellation, Withdrawal & Suspension of Home Match Ticket
7.1. Without prejudice to any other remedies it may have, the Club shall have the right in the case of any serious or persistent breach of the Terms & Conditions of Entry to cancel or withdraw your Home Match Ticket. In the event of such cancellation no refund will be paid. Without prejudice to the general nature of the above the following actions shall constitute serious breach of the Terms & Conditions of Entry:
7.1.1. failure to comply with any of the provisions of the Spectator’s Code of Conduct;
7.1.2. smoking in the Ground;
7.1.3. being (or appearing to be) intoxicated through drink and/or drugs;
7.1.4. persistent standing in seated areas whilst the Match is in progress;
7.1.5. sale or transfer (save as permitted) of this Home Match Ticket to any person;
7.1.6. the possession of a banner or flag that bears material or slogans that are offensive, obscene, abusive or racist;
7.1.7. deliberate misuse of the Home Match Ticket;
7.1.8. the supply of any misleading or incorrect information in any application;
7.1.9. persistent swearing or offensive behaviour during the Match;
7.1.10. the throwing of any object within the Ground that may cause injury, damage, distress or annoyance to people or property without lawful authority or excuse;
7.1.11. bringing into the Ground (or using within the Ground): illegal drugs, other illegal substances, fireworks, firecrackers, smoke canisters, air horns, flares, laser devices, bottles, glass vessels or any item that might be used as a weapon or compromise public safety;
7.1.12. concession abuse or non-compliant access to the Ground;
22.214.171.124 whether at the Ground, or, travelling to or from a Match:
126.96.36.199 the use of foul, obscene, offensive, abusive and/or racist language and/or gestures;
188.8.131.52 the chanting of anything of an indecent, offensive or racist nature;
184.108.40.206 fighting or engaging in and/or inciting violence;
220.127.116.11 inappropriate, offensive, abusive or criminal behaviour;
7.1.13. entering the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse;
7.1.14. any misrepresentation in relation to clause 1.2;
7.1.15. any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) in respect of a Home Match Ticket;
7.1.16. damage to or theft of property;
7.1.17. threats to or assaults, including verbal assaults, on Club personnel and agents of the Club at any time, location or by any means;
7.1.18. acting in an anti-social manner whether in the Ground or elsewhere;
7.1.19. use of a Home Match Ticket by a person to whom the ticket has not been issued unless covered by the provisions outlined in 3.1 and 3.2;
7.1.20 failure to provide accurate and up to date contact details.
7.2 The Club may conduct security searches where it has reason to believe that any of the breaches set down in 7.1 has either occurred or may occur.
7.3 If a Home Match Ticket holder is not 16 years old or over, his/her parent(s) and/or guardian(s) are responsible for his/her actions, conduct and compliance with the Terms and Conditions of Entry.
7.4. Without prejudice to any other remedies it may have, the Club may at its absolute discretion refuse entry in circumstances where the Club has reason to believe that you have behaved in a manner which is contrary to the Club or any other club rules or regulations and/or is deemed by the Club to have brought the Club into disrepute.
7.5. In the event that your Home Match Ticket is withdrawn or cancelled the Club reserves the right to disqualify you from applying for any Match ticket at its discretion and to notify any Football Authority, other football clubs and/or any relevant police force (if applicable) of such exclusion and/or disqualification (and the reason(s) for such exclusion and/or disqualification).
7.5. At its absolute discretion, the Club may withdraw a Home Match Ticket if the holder is arrested at (including outside and travelling to/from the venue) or ejected from any other football match.
8. Filming, photography and taping
8.1. All Home Match Ticket holders who enter the Ground acknowledge that photographic images and/or audio, visual and/or audio-visual recordings and/or feeds (and/or stills taken therefrom) may be taken of them and may also be used, by way of example and without limitation, in televised coverage of the game and/or for promotional, training, editorial or marketing purposes by the Club, any Football Authority, or others (including commercial partners and accredited media organisations), and use of the Home Match Ticket to enter the Ground constitutes consent to such.
8.2. All Home Match Ticket holders acknowledge that the Matches for which Home Match Tickets have been purchased are public, and that their appearance and actions inside and in the perimeter of the Ground where a Match occurs are public in nature, and that they shall have no expectation of privacy with regard to their actions or conduct at Matches.
9. Exclusion of Liability
9.1 The Club hereby excludes any liability for loss, injury or damage to persons/property in or around the Ground except in respect of death or personal injury resulting from any negligence of the Club or any other liability of the Club which cannot be excluded under applicable law.
9.2 Neither the Football Authority nor the Club shall be responsible for any interruptions and/or restrictions to the view of the Match caused by virtue of (a) the position of the seat and/or (b) the actions of other spectators.
9.3 For the avoidance of doubt, in accepting these Home Match Ticket terms and conditions you acknowledge that the Club have undertaken all reasonable efforts to comply with guidance on making the Ground Covid-19 secure and that you take full personal responsibility for attending any Match and any associated risk of contracting Covid-19.
10.1 The Club reserves the right to change these Conditions of Issue from time to time and shall notify you via the Club website or social media platforms of such changes if they materially affect your rights as a consumer.
10.2 The invalidity or partial invalidity of any provision of these Conditions of Issue shall not prejudice or affect the reminder of these Conditions of Issue, which shall continue in full force and effect. If any invalid, unforeseeable or illegal provision of these Conditions of Issue would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.3 The Club’s failure to exercise, or delay in exercising, any right, power or remedy provided in these Conditions of Issue or by law shall not constitute a waiver of that right, power or remedy.
10.4 The Terms and Conditions of Entry constitute the entire agreement between the Club and the Home Match Ticket holder and neither the Club nor the Home Match Ticket holder shall have any claim or remedy in respect of any statement, representation, warranty or undertaking made by or on behalf of any other party in relation to the Terms and Conditions of Entry which are not set out herein.
10.5. These Conditions of Issue shall be governed by and construed in accordance with the laws of England. The parties hereby submit to the exclusive jurisdiction of the Courts of England (including in relation to any non-contractual disputes or claims).
11.1 The Club is committed to promoting equal opportunities y treating people fairly and with respect; by recognising inequalities exist; by taking steps to address them; and by providing access and opportunities for all members of the community. The Club will endeavour to eliminate discrimination on the basis of age, disability, sex, gender reassignment, martial or civil partnership status, pregnancy or maternity, race, religion or belief, or sexual orientation. A copy of the Club’s Equality & Diversity Statement of Commitment and Incident Reporting Procedure can be found at www.mfc.co.uk or is available from Supporter Services.
12. Privacy Notice
12.1 We are committed to protecting your data and respecting your privacy. We aim to be clear when we collect your data and not do anything you wouldn’t reasonably expect with your data. We handle and process data in accordance with the UK GDPR, Data Protection Act 2018 and the Club’s Privacy Notice, a copy of which can be found on the Club website www.mfc.co.uk/privacy -notice or is available from Supporter Services.
12.2 Your name and contact details may be provided to government or NHS contact tracing services on grounds of public health.