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The agreement limits Ticketmaster's total liability per user to the greater of $100 or amounts paid in the prior 12 months, excludes all indirect, incidental, punitive, and consequential damages, and includes a broad waiver of personal injury and death claims including those arising from communicable disease contracted at an event.
This analysis describes what Ticketmaster's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a monetary ceiling on all claims against Ticketmaster and Live Nation, including claims arising from ticket purchases, marketplace use, and event attendance, and asserts a pre-event waiver of personal injury and wrongful death claims on behalf of both the user and any accompanying minor. The personal injury and death waiver, and the waiver on behalf of accompanying minors, may face enforceability constraints in jurisdictions that limit pre-event liability waivers or prohibit parents from waiving minors' claims.
Interpretive note: Enforceability of the personal injury and death waiver, including the communicable disease provision and the waiver on behalf of minors, varies significantly by jurisdiction and may be limited by applicable law in ways not reflected in the document text.
Under this clause, the maximum financial recovery available to a user against Ticketmaster is capped at $100 or prior 12 months of payments, whichever is greater, for all claims including those arising from marketplace transactions. The agreement also asserts a waiver of personal injury and death claims, including communicable disease claims, for both the user and any minor they bring to an event.
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"We are not liable for attorneys' fees or for indirect, incidental, special, punitive, or consequential damages of any type (including, without limitation, attorneys' fees). You voluntarily assume all risks incidental to the event for which the ticket is issued (whether occurring before, during, or after the event). You waive any claims for personal injury or death—including (without limitation) as a result of any communicable disease or illness, even if you CONTRACTED it while attending an event—against us, management, facilities, VENUES, leagues, artists, PROMOTERS, other participants, and all our respective parents, affiliated entities, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. Our total liability arising out of or relating to the Terms or your use of the Marketplace is limited to the greater of (1) $100 or (2) the amount you have paid us in the past 12 months.Excerpt from Ticketmaster's Terms of Use
1. REGULATORY LANDSCAPE: State consumer protection statutes in California, New York, and other jurisdictions may limit the enforceability of blanket liability waivers in consumer contracts, particularly for gross negligence, willful misconduct, or personal injury. The agreement itself acknowledges that it does not limit liability for gross negligence or willful misconduct, which partially reflects applicable law constraints. COPPA and state minor protection statutes may limit the enforceability of a parent's contractual waiver of a minor's personal injury claims. 2. GOVERNANCE EXPOSURE: High. The $100 liability floor is operationally significant because most ticket purchases exceed that amount, meaning the actual damages cap for most consumers would be the prior 12 months of payments. The communicable disease waiver and the waiver on behalf of accompanying minors present the highest legal exposure given variability in state enforcement of such waivers. 3. JURISDICTION FLAGS: California, New York, and New Jersey courts have historically scrutinized blanket personal injury waivers in consumer contracts. EU consumer protection directives and UK consumer rights law generally prohibit exclusion of liability for personal injury or death caused by negligence, making this provision potentially unenforceable for EU and UK consumers. The enforceability of a parent's waiver of a minor's tort claims varies significantly by state. 4. CONTRACT AND VENDOR IMPLICATIONS: The provision extends the liability limitation to officers, directors, employees, agents, event organizers, suppliers, advertisers, and sponsors, which may affect indemnification structures in B2B contracts between Ticketmaster and event organizers or venue operators. Procurement teams reviewing contracts with Ticketmaster should assess whether this downstream liability limitation creates unintended gaps in their own coverage. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should evaluate whether the $100 liability cap may conflict with statutory minimum damages available to consumers under applicable state or federal statutes, including California consumer protection statutes that provide per-violation minimums. The communicable disease waiver warrants specific review for post-pandemic regulatory guidance in relevant jurisdictions.
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This provision establishes a monetary ceiling on all claims against Ticketmaster and Live Nation, including claims arising from ticket purchases, marketplace use, and event attendance, and asserts a pre-event waiver of personal injury and wrongful death claims on behalf of both the user and any accompanying minor. The personal injury and death waiver, and the waiver on behalf of accompanying …
Under this clause, the maximum financial recovery available to a user against Ticketmaster is capped at $100 or prior 12 months of payments, whichever is greater, for all claims including those arising from marketplace transactions. The agreement also asserts a waiver of personal injury and death claims, including communicable disease claims, for both the user and any minor they bring …
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