I’m probably one of the only people who bothered to read the terms on the back of my superbowl tickets. Naturally, the spectator must assume all personal injuries that are incidental to the game of football.
Here is a clause that makes me bristle a little bit:
The ticket holder will not transmit or aid in transmitting any picture, account or description (whether text, data or visual) in any media now or hereafter existing of all or part of the football game or related events.
My uncle laughed at this. “So if someone calls me on my cell phone and asks ‘how’s the game,’ I can’t say anything?”
Technically, yes. Under these terms I can’t even send a text message to someone saying “Patriots just scored!” Would this be enforceable in court? I doubt it. However, I don’t imagine that too many ticket holders will bother to challenge it, nor do I imagine that there is any way to realistically enforce this to its most absurd end.
The terms also have a right of publicity clause:
The ticket holder grants to the NFL and its designees the irrevocable permission to use his or her voice or likeness in any media now or hereafter existing in connection with all or any part of the football game or related events, for any purpose whatsoever, including the commercial purposes of the NFL, its sponsors, licensees, advertisers or broadcasters.
This seems reasonable. The NFL shouldn’t need to track down every spectator who winds up on camera to get a specific release from them.
Both clauses really are pretty broad and draconian. But, the right of publicity clause recognizes that when you are a spectator at a football game, you need to recognize that you are part of the event. However, that same logic would seem to dissolve the transmission clause.
