Del Mar Thoroughbred Club Terms & Conditions

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET FOR ADMISSION TO THE DEL MAR RACETRACK AND CONTAIN A BINDING AGREEMENT THAT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS, INCLUDING:

1. SECTION 7 WHICH CONTAINS AN EXPRESS ASSUMPTION OF RISK PROVISION WITH RESPECT TO THE RISK OF CONTRACTING COVID-19 AND OTHER COMMUNICABLE DISEASES AND THE RISK OF BODILY AND PROPERTY INJURY;
2. SECTIONS 8 THROUGH 10 WHICH INCLUDE A RELEASE/ WAIVER OF LIABILITY PROVISION, COVENANT NOT TO SUE PROVISION AND INDEMNIFICATION PROVISION;
3. SECTIONS 11 THROUGH 13 WHICH CONTAIN A DISPUTE RESOLUTION PROVISION (INCLUDING AN ARBITRATION AGREEMENT, CLASS-ACTION WAIVER AND JURY TRIAL WAIVER) BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT, INDIVIDUALLY OR AS PART OF A CLASS ACTION, WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE EVENT FOR WHICH IT IS ISSUED. 

PLEASE NOTE that each ticket constitutes a revocable license given by the Del Mar Thoroughbred Club (“DMTC”) that only grants the person using the ticket (“Holder”) a one-time entry to the Del Mar Race Track, located at 2260 Jimmy Durante Boulevard, Del Mar, California 92014 (including, without limitation, its outdoor areas, grandstand, clubhouse, box seats, dining areas, suites and private/group viewing areas) and all surrounding areas, including without limitation, the parking lots (collectively, the “Racetrack”) for the event shown on the ticket (“Event”) and is expressly conditioned on the following terms and conditions, all of which constitute the “Agreement”. 

BY PURCHASING AND/OR USING THIS TICKET, HOLDER HEREBY AGREES ON BEHALF OF HIMSELF/HERSELF AND ON BEHALF OF EACH ACCOMPANYING INDIVIDUAL UNDER THE AGE OF EIGHTEEN (18) (“MINOR”) OR LEGALLY INCAPACITATED ADULT (TOGETHER WITH A MINOR EACH AN “ACCOMPANYING PARTY”), TO ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; THAT, EVEN IF THE RELEASED PARTIES (AS DEFINED BELOW) USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THAT HOLDER AND/OR THE ACCOMPANYING PARTY MAY BE SERIOUSLY INJURED OR KILLED BY ATTENDING OR PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED; AND THAT HOLDER IS GIVING UP HOLDER’S AND THE ACCOMPANYING PARTY’S RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO THE ACCOMPANYING PARTY OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. ADMISSION TO THE RACETRACK IS EXPRESSLY CONDITIONED ON HOLDER’S AGREEING TO BE BOUND BY THIS AGREEMENT AND PURCHASE, ACCEPTANCE AND/OR USE OF THIS TICKET FOR ENTRY TO THE RACETRACK CONSTITUTES HOLDER’S CONSENT TO ADHERE TO AND ABIDE BY THE AGREEMENT. DEL MAR THOROUGHBRED CLUB (“DMTC”) MAY CHANGE THE TERMS OF THE AGREEMENT AT ANY TIME, WITHOUT NOTICE, AND HOLDER’S USE OF THIS TICKET AFTER SUCH CHANGE IS POSTED TO DMTC’S WEBSITE WILL MEAN THAT HOLDER ACCEPTS SUCH CHANGE(S). HOLDER IS SOLELY RESPONSIBLE FOR READING AND UNDERSTANDING THIS AGREEMENT BEFORE USING THIS TICKET. 

ALL MINORS ON THE PREMISES OF THE RACETRACK MUST BE ACCOMPANIED BY AN ADULT AT ALL TIMES.

1. CONSENT TO BE FILMED, PHOTOGRAPHED OR OTHERWISE RECORDED ON PREMISES 

   By entering the Racetrack, Holder and each Accompany Party consents to be filmed, photographed or otherwise recorded. Such recording may include biometric data which can identify Holder and each Accompanying Party and includes recorded media of each person’s appearance, voice and name. By entering the Racetrack, Holder and each Accompanying Party agrees that DMTC may use such data for any purpose in perpetuity including, without limitation, use on websites, in social media, news, television, film and advertising and Holder and each Accompanying Party release DMTC, its invitees and their affiliates from any liability arising from any publication, exhibition or reproduction of their respective appearance, voice, and name.

   Holder understands, and on behalf of each Accompanying Party affirms, that all photography, filming and/or recording that is taking place on the premises and which may include any of them will be done in reliance on this consent. If Holder or an Accompanying Party does not wish to consent to the above, PLEASE DO NOT ENTER THE RACETRACK.

   For more information, please visit our privacy policy at https://www.dmtc.com/privacy-policy

2. DISABILITY ACCESS AND ACCESSIBLE SEATING

   If Holder requires a seat with disability access and none are available on the ticket purchasing platform, Holder may contact the DMTC Ticket Office to exchange their ticket for an accessible seat location (subject to availability). For information concerning accessible seating and services, please visit https://www.dmtc.com/tickets/faq.

3. REFUND/CANCELLATION POLICY

   This ticket is good only for the particular Event stated on the front of this ticket and no part of the purchase price will be refunded by reason of the failure of Holder to use it for such Event. DMTC is not responsible for lost, stolen or duplicated tickets. All pre-race card or post-race card events at the Racetrack, including without limitation, concerts, festivals or other promotional events, are subject to change or cancellation. The Racetrack is an outdoor facility and DMTC does not cancel racing due to inclement weather, except in very rare instances. In the event of inclement weather, DMTC will try to make alternative seating arrangements (based on availability); however, refunds and rain checks are not offered for inclement weather.

   If the race card for which this ticket grants access is not conducted (“Cancelled Day”), this ticket may be refunded or exchanged at the Racetrack, at any time after the date of the Cancelled Day, for an individual ticket of equal or lesser face value for a future non-special event race day (subject to prior sales and ticket availability). In no instance shall this ticket be exchangeable for a ticket having a face value greater than the face value of the ticket. This ticket may not be applied to any account balance. 

   Any requests for refunds of seat or table reservations must be made at least 24 hours prior to the day of the Event through the ticket office. Refunds for returned table tickets are subject to a 20% service charge.

4. SEASON SEAT AND BOX HOLDERS BOUND BY THIS AGREEMENT.

   Season seat and box holders who renew their seats/boxes online agree to abide and be bound by all the terms and conditions of this Agreement and noted on their annual seat renewal form.

5. TICKET RESALE.

   Holder assumes all risk associated with the purchase of this ticket from anyone other than DMTC or its designated agents. This ticket may not be used for advertising, promotion (including, but not limited to, contests and sweepstakes), or other trade or commercial purposes without the express written consent of DMTC. No offer to resell or resale of this ticket is permitted to the extent prohibited by any applicable federal, state or local law or regulation, or in violation any policies established by DMTC and/or its agents and affiliates. Any resale referenced above will invalidate the license granted by this ticket. This ticket may not be resold or offered for resale inside the Racetrack and any person who sells or offers this ticket for resale at any price inside the Racetrack will be removed from the premises and may be prosecuted.

   Holder, on their own behalf and on behalf of any Accompanying Party, agrees to comply with all terms and conditions presented at the time of purchase, receipt of ticket, and/or use of ticket not specifically enumerated herein, including without limitation: (a) terms that mandate or prescribe the quantity of tickets available to be purchased; (b) additional requirements regarding Accompanying Parties; and (c) terms regarding the resale or transfer of tickets.

   The Holder and/or purchaser of a ticket agrees not to offer for resale or resell the ticket except solely through DMTC’s authorized ticketing partner SeatGeek, Inc. Any such offer to resell or resale shall be subject to DMTC’s terms and conditions as well as any terms and conditions set by SeatGeek, which can be found at https://seatgeek.com/terms. Anyone who has been identified as offering to sell or selling a ticket in violation of this provision is subject to having the ticket canceled. The cancellation of a ticket will result in a refund of the total price of the ticket less any processing or ticket fees.

6. PROMOTIONAL ITEM GIVEAWAYS.

   The purchase or presentation of this ticket does not guarantee receipt of a promotional item. Promotional items are limited on a case-by-case basis while supplies last, unless otherwise noted and are subject to change without prior notice. Only one promotional item per person will be given to the Holder of the ticket upon entering or exiting the Racetrack; such method of distribution shall be determined by DMTC at its sole discretion. If Holder does not attend the Event, Holder forfeits any right to receive a promotional item.

   PLEASE REVIEW THE FOLLOWING SECTIONS CAREFULLY 

   AS THEY AFFECT YOUR LEGAL RIGHTS

   In consideration of being permitted to enter and remain at the Racetrack for the Event, I, and if I am a Minor or a legally incapacitated adult, my parent or legal guardian for themselves and on my behalf, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, (collectively “Related Persons”), hereby acknowledge and agree as follows:

7. ASSUMPTION OF RISKS REGARDING COMMUNICABLE DISEASES AND OTHER BODILY AND PERSONAL PROPERTY RISKS.

   1. COVID-19 and other Communicable Diseases. I fully understand that (i) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) and other communicable diseases (“together referred to herein as “Communicable Diseases”) may be extremely contagious diseases that can lead to severe illness and death, and there may be an inherent danger and risk of exposure to Communicable Diseases in any place where people are present; (ii) no precautions, including the protocols that will be implemented from time to time by DMTC and/or the 22nd District Agricultural Association and their respective affiliates, agents, officers, directors, employees owners (collectively, the “DMTC Entities”) and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Racetrack Protocols”), can eliminate the risk of exposure to Communicable Diseases; (iii) while people of all ages and health conditions can be and have been adversely affected by any Communicable Disease, according to public health authorities: (x) people with certain underlying medical conditions are or may be especially vulnerable; and (y) the risk of severe illness from the contraction of a Communicable Disease may increase with age, and contracting a Communicable Disease can result in the further transmission of a Communicable Disease to my spouse, family members, and other contacts; and (z) exposure to a Communicable Disease can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. By using this ticket to enter the Racetrack, Holder, on their own behalf and on behalf of any Accompanying Party, hereby acknowledges and understands that attendance at the Event, being at, in, upon or about the Racetrack, and/or using any of the facilities, services or equipment is completely voluntary and knowingly, voluntarily AND EXPRESSLY ASSUMES ANY AND ALL RISKS AND DANGERS related to entry into, and presence at the Racetrack, which may include an increased risk of exposure to Communicable Diseases, personal injury, disability, other short-term or long-term health effects, and/or death, which might result from the actions, inactions, or negligence of myself, any of the Released Parties (as defined below), or other third parties. I hereby expressly assume and accept personal responsibility for any and all damages, liability, and other losses that I, my Accompanying Parties or any of my Related Persons may incur in connection with the foregoing risks.

   2. Bodily Injury and Property Damage. I fully understand that attending the Event and/or being at, in, upon or about the Racetrack is voluntary and may result in personal injury (including death) and/or property damage and I agree to stay alert and remain aware of my surroundings and the surroundings of any Accompanying Parties. By using this ticket to enter the Racetrack, Holder, on their own behalf and on behalf of any Accompanying Party, hereby acknowledges and understands that attendance at the Event, being at, in, upon or about the Racetrack, and/or using any of the facilities, services or equipment is completely voluntary and constitutes participation in a sports, entertainment, and/or recreational activity and KNOWINGLY, VOLUNTARILY and EXPRESSLY ASSUMES ANY AND ALL RISKS AND DANGERS, known and unknown, associated with Holder and/or any Accompanying Party: (i) being at, in, upon or about the Racetrack; (ii) being a spectator before, during, and/or after an Event; and (iii) attending, observing or participating in the Event, in each case, whether any such risk or danger occurs prior to, during or subsequent thereto, including specifically (but not exclusively) the danger of being injured by a horse; thrown, dropped, or launched items; projectiles; persons; animals; drones; traffic; vehicles; equipment; other hazards or distractions; and any incidents or accidents associated with crowds of people or the negligence or misconduct of other spectators. Holder, on their own behalf and on behalf of any Accompanying Party, agrees to assume full responsibility for, and risk of, bodily injury (including death), illness, property damage or other loss suffered as a result of the foregoing, even if such is caused in whole or in part by the sole, joint or comparative passive, active, or affirmative negligence or strict liability of any of the Released Parties (as defined below) or otherwise. THE RELEASED PARTIES will not be responsible for any injuries from any such causes. Additionally, the Released Parties are not responsible for and assume no liability arising from fire, theft, damage to, or loss of the Holder’s and/or any Accompanying Party’s vehicle(s) or any article left therein.

8. Release, Waiver of Liability, and Covenant Not to Sue.

   1. On behalf of myself and each of my Related Persons, I hereby knowingly, voluntarily, irrevocably, and forever release, waive, and discharge, and I hereby forever covenant not to sue, each and all of the Released Parties from or with respect to any and all claims, suits, causes of action, and claims for damages, whether past, present, or future, and whether known or unknown, legal or equitable, including, but not limited to, claims arising out of or in connection with my death, personal injury, illness, disability, suffering or short-term or long-term health effects, or loss of or damage to property, which I, or any of my Related Persons, may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) my exposure to any communicable disease; (ii) my travel to and from, entry into, or presence at, the Racetrack or compliance with any of the Racetrack Protocols or any other policies or protocols applicable to the Racetrack; (iii) any interaction between me and any personnel of any of the Released Parties present at the Racetrack (including, but not limited to, any ushers, ticket-takers, event security, health and safety personnel, cleaning personnel, shuttle personnel or parking lot attendants); or (iv) any of the risks identified above in Section 5, in each case whether caused by any action, inaction, or negligence of any Released Party or otherwise.

   2. For the purposes hereof, the “Released Parties” are: (i) the DMTC Entities; (ii) the State of California; (iii) the State Race Track Leasing Commission; (iv) the 22nd District Agricultural Association and (v) each of their respective affiliates, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees and contractors (and all employees of such contractors); and (vi) any parents, subsidiaries, affiliated and related companies, and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors, and/or assigns of each of the foregoing entities and persons, whether past, present, or future, and whether in their institutional or personal capacities.

9. WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542.

   To the maximum extent permitted by law, on behalf of myself and all Related Persons, I waive any and all rights under California Civil Code Section 1542, and every statutory provision or common law ruling or precedent of similar effect in any State, territory or foreign jurisdiction. California Civil Code Section 1542 provides as follows:

   A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXSIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTELEMENT WITH THE DEBTOR OR RELEASED PARTY.

   I understand and acknowledge that by using this ticket I am deemed to, on my own behalf, and on behalf of each Accompany Party and all Related Persons, have given a full release of liability including, without limitation, unknown or unsuspected claims, to each and every one of the Released Parties to the fullest extent of permitted law.

10. INDEMNIFICATION. I agree to indemnify, defend, and forever hold the Released Parties harmless from any liability, claims, demands, costs, expenses, and attorneys’ fees incurred by any of the Released Parties as a result of (a) my, or any person acting on my behalf, including the Related Persons, assertion of any claims arising from, relating to, or in connection with activities that I have acknowledged and assumed risk and/or which is covered by the waiver and release under Sections 5, 6 and/or 7; and (b) all claims and amounts related to legal and other actions brought against any of the Released Parties, to the extent such claims are attributable to my negligence or willful misconduct or a violation or breach of this Agreement.

11. ARBITRATION AGREEMENT. PLEASE NOTE THAT AGREEING TO ARBITRATION IS AN IMPORTANT DECISION. ARBITRATION WILL RESOLVE DISPUTES THAT WOULD OTHERWISE BE RESOLVED IN A COURT OF LAW. BY AGREEING TO ARBITRATE YOU ARE GIVING UP YOUR RIGHT TO SUE IN COURT AND TO HAVE ANY DISPUTE DECIDED BY A JURY. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SPECIFIED BELOW IN SECTION 13.

    I agree that (a) any current or future claim, action, or proceeding between me and any of the Released Parties arising out of or relating in any way to this Agreement, including the interpretation thereof, or my presence at the Racetrack (collectively, the “Claims”), must be submitted for mandatory, confidential, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to the Federal Arbitration Act (“FAA”); (b) the FAA is applicable because the DMTC Entities are engaged in transactions involving interstate commerce; (c) the arbitration shall proceed before a single arbitrator; (d) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect; (e) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (f) the arbitrator shall have the power to award any remedies, including attorney’s fees and costs, to the extent available under applicable law; (g) judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (h) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (i) any arbitration conducted pursuant to this Agreement shall take place in San Diego, California.

12. CLASS ACTION WAIVER. I agree that all Claims must be arbitrated on an individual basis only. On behalf of myself and my Related Persons, I hereby waive the right to commence, or be a party to, any class or collective claims against the Released Parties.

13. NOTICES OF CLAIMS. Prior to initiating a lawsuit or an arbitration proceeding under this Arbitration Agreement, the claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, consisting of not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to the DMTC shall be sent by mail to Del Mar Thoroughbred Club, Attn: Legal Department, P.O. Box 700, Del Mar, CA 92014-0700. Any Claim Notice must: (a) identify the claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of the claimant, and not on behalf of any other person. The claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity, not less than thirty (30) days to respond to the demand for relief.

14. RIGHT TO OPT OUT OF ARBITRATION AGREEMENT YOU HAVE THE RIGHT TO REJECT THE ABOVE ARBITRATION AGREEMENT, BUT YOU MUST PROMPTLY EXERCISE THIS RIGHT.

    If you do not wish to be bound by the foregoing agreement to arbitrate, you must notify us by mailing a written opt-out notice, postmarked within seven (7) days after the date of the Event. You must send your request to: Del Mar Thoroughbred Club, Attn: Legal Department, P.O. Box 700, Del Mar, CA 92014-0700. The request must include your full name, address, account number, the date of the Event, and the statement “I reject the Arbitration Agreement contained in my Del Mar Thoroughbred Club Event Ticket.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.

15. GOVERNING LAW. I agree that this Agreement and any disputes arising out of or relating to this Agreement, including, without limitation, the interpretation of the terms set forth herein, shall be governed by the laws of the State of California without regard to its choice of law principles.

16. SEVERABILITY. I agree that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be modified, if possible, in order to achieve the intentions of the parties, and, if necessary, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.

17. ATTESTATION. I HAVE CAREFULLY READ AND VOLUNTARILY ACCEPT THIS AGREEMENT; I understand its terms and I am aware of its legal consequences, including that I am hereby giving up substantial legal rights and that by purchasing and/or using this ticket, neither I nor any of the Related Persons will be able to sue the Released Parties if I or an Accompanying Party suffer any illness, injury, or death for any reason due to exposure to a Communicable Disease; and I understand that it is a material inducement for my and an Accompanying Party’s admission to and continued presence at the Racetrack and that the DMTC Entities and the other Released Parties are relying upon it; and, I further agree that no oral representations, statements, or inducements contrary to anything contained herein have been made by any of the DMTC Entities or other Released Parties.

Updated April 1, 2025