Each ticket to the Cincinnati Open (“tournament”) is a personal license subject to the terms set forth herein (the “Terms”). Every purchaser of a ticket (“Purchaser”), transferee of a purchased ticket (“Transferee”) and other person admitted to tournament grounds under a ticket purchased or held by someone else (“Admittee”) accepts and agrees (or reaffirms acceptance and agreement) to these Terms on each of the following occasions, as applicable: (i) by purchasing a ticket, (ii) by receiving transfer of a ticket purchased by another person, (iii) by presenting a ticket for admission to the tournament and (iv) by entering the grounds. All persons over the age of 12 months are required to have a valid ticket to gain entry to the grounds. Each ticket may be revoked at any time for any reason.

Tickets are valid only for the session specified. Tournament schedule of play for all sessions, including, but not limited to, session dates, starting times and number of matches, are subject to change without notice. Tournament officials reserve the right to determine when a session begins, ends, is delayed, postponed or cancelled. Tickets are not eligible for exchange except in the case of session cancellations under the limited circumstances described in the Single Session Ticket Rain Policy below.

Each Purchaser, Transferee and Admittee, on their own behalf and on behalf of all accompanying minors (collectively, a “Holder”), consents to (i) the reasonable search of Holder’s person and belongings and (ii) the use of Holder’s voice, image and/or likeness in any live or recorded video program, photograph or other transmission of, or at, the tournament or any surrounding activities for any and all purposes without further authorization or compensation.

Each Purchaser, Transferee and Admittee, on their own behalf and on behalf of all accompanying minors, KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incidental to, arising from or directly or indirectly relating to attendance at the tournament or related events (collectively, “Tournament Activities”), whether occurring prior to, during or subsequent to, the actual occurrence of the tournament, including (but not exclusively) the danger of being injured by balls or racquets, the risk of contracting a Communicable Disease or Illness (as defined below), and the risk of lost, stolen or damaged property or personal injury of any kind (including death), however caused.

EACH PURCHASER, TRANSFEREE AND ADMITTEE, ON THEIR OWN BEHALF AND ON BEHALF OF ALL ACCOMPANYING MINORS, AND EACH OF THEIR RESPECTIVE HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, NEXT OF KIN, AND ALL OTHER PERSONS ACTING OR PURPORTING TO ACT ON BEHALF OF ANY OF THEM (“RELATED PARTIES”), FURTHER AGREES THAT CINCINNATI TENNIS, LLC, TENNIS FOR CHARITY, INC., BEEMOK CAPITAL, AND THEIR RESPECTIVE AFFILIATES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND OTHER PERSONNEL (COLLECTIVELY, THE “TOURNAMENT HOSTS”) ARE NOT LIABLE FOR, AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND FOREVER RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE ANY TOURNAMENT HOST IN CONNECTION WITH, ANY CLAIMS, DAMAGES OR OTHER LOSSES OF ANY KIND DIRECTLY OR INDIRECTLY RELATING TO TOURNAMENT ACTIVITIES, IN EACH CASE WHETHER RESULTING FROM THE ACTION, INACTION OR NEGLIGENCE OF THE HOLDER, A TOURNAMENT HOST OR A THIRD PARTY, OR OTHERWISE (COLLECTIVELY, “TOURNAMENT CLAIMS”). WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ANY TOURNAMENT HOST BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF A TICKET.

Each Holder shall comply with all procedures, policies, protocols and mitigation measures of the tournament governing the use of tickets and access to and operation of the tournament, including, without limitation, security and guest conduct, health and safety, session ticket and parking terms and applicable bag policies, as determined by tournament officials from time to time, and shall indemnify and hold the Tournament Hosts harmless against (i) all Tournament Claims asserted by such Holder or any of their Related Parties, and (ii) all claims, damages and losses relating to such Holder’s or any of their Related Parties’ breach of any term herein.

No Holder may collect, disseminate, transmit, publish, or release from the grounds of the tournament any match scores or related statistical data during match play (from the commencement of a match through its conclusion) for any commercial, betting or gambling purpose. No Holder may film, photograph, broadcast, stream, publish, transmit and/or otherwise offer to the public (or assist any third party in offering to the public) on a live or on a delayed basis, in whole or in part, and whether on a free basis or subject to payment, any sound recording, photograph, video footage, motion picture, film, and/or other audio-visual content captured by any means whatsoever inside the tournament site. The continual use of laptop computers or other handheld electronic devices within the spectator area of tournament match courts (each a “Court”) is prohibited unless the laptop or device user is an approved credential holder.

Food and beverages and any other items deemed inappropriate or dangerous by tournament personnel, in their sole discretion, are prohibited and may not be brought onto the tournament grounds. A complete list of prohibited items may be found here. Smoking and vaping are not permitted on tournament grounds pursuant to Ohio Revised Code Chapter 3794.

Resale of tickets in proximity to the tournament venue is prohibited in accordance with local ordinance. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit and, if so, are void.

Single Session Ticket Rain Policy

If a Center Court match is completed OR 90 total minutes of play has taken place on Center Court during any one session, no exchanges or refunds will be made*. If a session is cancelled without the completion of one full match on Center Court OR 90 total minutes of play on Center Court, owner is entitled to a ticket at a similar level of seating, subject to availability, for the same session the following year. Only the original purchaser (purchased directly from the tournament office OR Ticketmaster) of the ticket may apply, within 15 days of the cancelled session.

Please note that this single session ticket rain policy does not apply to the following tickets, which are not eligible for refund or exchange:

· All full series or partial series plans

· All tickets issued on a complimentary or trade basis

· All suite, sponsor, luxury, premium, or hospitality/tent tickets (including, but not limited to, All-Inclusive Club, 1899 Club, Grandview Club or The Oasis)

· All tickets purchased for sessions 12-16

· All tickets purchased through any auction, exchange, resale or secondary outlet (including single session tickets purchased through the official Cincinnati Open Ticket Exchange by Ticketmaster)

· All tickets received through Ticketmaster Ticket Transfer

· All tickets for Community Day and its events

This policy applies to any court where single session tickets are separately sold.

*If a weather delay or acts beyond tournament control causes matches to be rescheduled to start after 7PM on Center Court, the day session will be deemed complete and matches starting at 7PM or later will be considered night session matches.

Patrons are advised that the schedule of play as well as session dates, number of matches, and starting times are subject to change for all sessions. Tickets are not eligible for exchange due to one or more changes in the schedule of play. Tournament officials reserve the right to determine when a session begins, ends, is delayed, postponed, or cancelled.

If Tournament officials cancel a session, this rain policy will be enacted, and eligible ticket holders should act accordingly to apply for a ticket(s) the following year:

Paper ticket holders must mail ticket stub to Cincinnati Tennis, LLC, 5460 Courseview Drive, Mason, OH 45040 within 15 days of the cancelled session to receive a ticket exchange. Only the original purchaser (purchased directly from the tournament office OR Ticketmaster) of the ticket may apply.

Mobile ticket holders must email proof of purchase to tickets@cincytennis.com within 15 days of the cancelled session to receive a ticket exchange. Only the original purchaser of the ticket (purchased directly from the tournament office OR Ticketmaster) may apply.

Miscellaneous

These Terms are governed by Ohio law applicable to agreements made and performed entirely in Ohio, without regard to conflicts of laws principles. If any provision of these Terms is invalid or unenforceable, such provision will be deemed amended to the minimum extent necessary to make such provision valid and enforceable, and the remainder of the Terms will not be affected. Any purported waiver or modification of these Terms made orally, by implication or through course of dealing, or by any person other than Cincinnati Tennis, LLC, shall be void and without effect. Cincinnati Tennis, LLC, in its sole discretion, may modify these Terms at any time and without prior notice by making an updated version available on the tournament website, mobile phone app, or other location(s) where Holders may access them electronically. Every ticket and every Holder will at all times be subject to the most current such version of these Terms.