Season Ticket Deposit Agreement
By placing a $50 season ticket deposit (“Deposit”), you agree to be bound by the terms of this Agreement by and between yourself and Alpha Entertainment, LLC (“XFL”). If you do not agree to these terms, please do not place a Deposit.
Eligibility - All members of the general public over the age of eighteen may place a Deposit.
Deposit - By placing a Deposit, you have an opportunity to purchase season tickets for the XFL team of your selection at the stadium where the selected team will play home football games for the 2021 XFL Season (“Season Ticket(s)”). Placing a Deposit ensures that you will receive information regarding the sale of Season Tickets for the selected team location (“Stadium”) as it becomes available. Details regarding the process for the sale of Season Tickets for the Stadium are being finalized, and placing a Deposit guarantees you will have an opportunity to purchase a Season Ticket(s) at the Stadium.
YOU UNDERSTAND THAT PLACING DEPOSIT DOES NOT PLACE YOU ON A NUMBERED WAITLIST OR PROVIDE SPECIFIC PRIORITY IN TERMS OF WHEN YOU WILL BE CONTACTED REGARDING A SEASON TICKET PURCHASE. YOU UNDERSTAND THAT PLACING A DEPOSIT DOES NOT GUARANTEE YOU THE OPPORTUNITY TO PURCHASE SEATS IN ANY SPECIFIC LOCATION.
Cost - The Deposit is fifty dollars ($50) per Season Ticket. The costs associated with Season Tickets at the Stadium have yet to be determined.
Your Contact Information - By placing a Deposit, you agree that the XFL, the selected team, and the Stadium, and parties acting on their behalf may contact you by phone, regular mail, and email regarding the purchase of Season Ticket(s), and other events at the Stadium. You agree that if your name, mailing address, and/or email address change after you place your Deposit, it is your responsibility to provide updated contact information to the XFL or the party designated by the XFL and to ensure such party properly confirms receipt of this information. Any update of your contact information is not valid until acknowledged. Failure to ensure a proper update of your contact information means you may lose the opportunity to purchase Season Ticket(s) at the Stadium. In the event XFL attempts to contact you regarding your Deposit but is unable to do so because you did not maintain accurate contact information or you fail to respond to inquiries, the Deposit will be forfeited.
Process - Details regarding the process for the sale of Season Tickets at the Stadium are being finalized. When those details are finalized, those who placed a Deposit will receive information regarding the sale process. When you are offered the opportunity to purchase Season Ticket(s), you understand that if you do not choose your seat locations when presented with the opportunity to do so, those seats will continue to be made available to others, and you may lose your opportunity to purchase seats at the Stadium. You also understand that if you fail to purchase the Season Ticket(s) when offered, you will forfeit your Deposit.
Season Ticket(s) Purchased - If you agree to purchase Season Ticket(s) at the Stadium, you will enter into one or more agreements regarding the rights and responsibilities you have as a Season Ticket holder.
Season Tickets Not Purchased - In the event you decline the offered seats or fail to timely respond to an inquiry, you may elect to join a waitlist, but your Deposit will not be returned.
Transfer - You may not sell, assign, or otherwise transfer your rights under this Agreement. Such right is personal to you. In the event XFL determines you have in any way transferred your rights under this Agreement, XFL may terminate this Agreement. XFL may transfer their rights under this Agreement at any time.
Termination - XFL may terminate this Deposit program at any time for any reason.
Changes to the Program - XFL reserve the right to, in its sole discretion, cancel, modify, or suspend the Deposit program and/or changes these terms at any time and for any reason without providing notice. XFL may at any time vary, revise, amend, withdraw, substitute, add or remove any of the terms and conditions of this Agreement without notice to you.
Release and Indemnity - By placing a Deposit, you expressly agree to forever waive, release, discharge, and covenant not to sue XFL, and/or any of its past and present officers, directors, shareholders, partners, members, assigns, employees, agents, attorneys, directors, contractors, successors, assigns and insurers (collectively “XFL Related Parties”) of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, including, but not limited to, all those arising out of or in any way related to the Deposit; these terms; the legality of these terms; the negligence of XFL or any XFL Related Party; any purchase of Season Ticket(s) at the Stadium; any participation in the deposit program; and any presence at any XFL stadium or on the field or sideline. You represent and warrant that you own and/or have the authority to release the Claims stated herein and, if in California, you expressly waive Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Further, by placing a Deposit, you expressly agree to at all times defend, hold harmless, and indemnify the XFL and all XFL Related Parties from and against any and all Claims of any kind or nature whatsoever (including reasonable attorneys’ fees and disbursements) arising out of or in any way related to the Deposit; these terms; the legality of these terms; the negligence of XFL or any XFL Related Party; any purchase of Season Ticket(s) at the Stadium; any participation in the deposit program; and any presence at any XFL stadium or on the field or sideline.
- Binding Arbitration Agreement and Choice of Law - These terms shall be construed and interpreted according to the laws of the state of Connecticut without regard to choice of law principles. As a condition of participating in the deposit program, you and XFL agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in any way connected with the Deposit or this Agreement, be resolved individually, without resort to any form of class action, exclusively through binding arbitration in Connecticut before JAMS under its Comprehensive Arbitration Procedures (currently available at https://jamsadr.com/rules-comprehensive-arbitration/). By entering into this Agreement, both you and XFL waive any right to have any dispute arising out of or in any way connected with the program be resolved in a court of law by a judge or jury. Arbitration shall be the exclusive remedy for any such dispute. You and XFL agree to waive the right to commence, be a party to, or be an actual or putative class member of any class, collective, or representative action. If any portion or aspect of this provision is found to be unenforceable for any reason, in whole, or in part, you and XFL agree that the unenforceable portion or aspect of the agreement will be severed and the remainder of the provision, including the agreement to submit to binding arbitration, will remain valid and in effect.
Further, to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than your actual out-of-pocket expenses, and you further waive all rights to have damages multiplied or increased.
Warranties - You acknowledge and agree that the deposit program is being provided on an AS-IS basis and EXPRESSLY WAIVE ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Miscellaneous - A waiver by XFL of any breach or default of this Agreement shall not be nor be deemed to be a waiver of any other prior or subsequent breach or default of any provision of this Agreement. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.
This Agreement constitutes the entire, integrated agreement of the parties with respect to the subject matter of this Agreement. It is understood that there are no oral agreements between the parties affecting this Agreement and that this Agreement supersedes and cancels any and all previous negotiations, agreements, and understandings, if any, between the parties. There are no other representations or warranties between the parties and all reliance with respect to any representations is totally upon the representations contained in this Agreement. Each party’s obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other party, whether express, implied, in fact or in law.