Season Ticket Purchase Agreement
XFL SEASON TICKET MEMBERSHIP TERMS & CONDITIONS
Last Updated October 8, 2019
In consideration of the tickets being purchased, you agree to the following terms and conditions (the “Terms”). These Terms represent a binding agreement between you and Alpha Entertainment LLC (“XFL”). By completing a purchase of tickets from XFL, you are representing that you have read, understand, and agree to be bound by these Terms. XFL may modify these Terms from time to time, and the Terms, as modified, shall be binding upon you.
Please note the arbitration provision set forth below, which requires you to arbitrate any claims you may have against XFL on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Revocable License. Season ticket memberships (both partial-and full-season) and the tickets associated with such membership (collectively, a “Membership”) represent a limited and revocable license permitting attendance to the specific games covered by the Membership. A Membership may be revoked at any time and for any reason (with or without cause), at the sole and absolute discretion of XFL. Without limiting the foregoing, Memberships may be revoked due to any violation by the holder of this Membership (“Member”) of these Terms or any other of XFL’s policies, each as determined by XFL in its sole and absolute discretion. Other than as expressly provided in these Terms, Memberships are not refundable or exchangeable, except at XFL’s sole and absolute discretion. Any transfer or resale of tickets associated with Membership must be done in strict adherence with any policies and procedures set forth by XFL. Outside of resale or transfer procedures authorized by XFL, tickets associated with a Membership shall not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes or giveaways, without the prior written consent of the XFL.
If a Membership is revoked for cause (e.g., for a violation of these Terms), Member will be entitled to no refund, including for any unused tickets for games that have not yet been played AS OF THE TIME OF REVOCATION. If a Membership is revoked without cause, THE SOLE AND EXCLUSIVE REMEDY SHALL BE A PRO-RATED REFUND OF THE PORTION OF THE MEMBERSHIP PRICE CORRESPONDING TO ANY UNUSED TICKETS FOR GAMES THAT HAVE NOT BEEN PLAYED AS OF THE TIME OF THE REVOCATION; PROVIDED, HOWEVER, THAT WHERE HARD STOCK TICKETS HAVE BEEN DELIVERED TO MEMBER, SUCH REFUND SHALL ONLY BE PROVIDED WHERE MEMBER HAS RETURNED THE HARD STOCK TICKETS TO XFL FOR UN-PLAYED GAMES AT LEAST TWO (2) DAYS PRIOR THERETO.
- Dates, Times, and Non-Occurrence of Games. The date, time, and location of a specified game (and opening of the gates for such game) are subject to change by XFL in its sole and absolute discretion, and no such change shall entitle Member to a refund or any other remedy if Member cannot attend or for any other reason. Member may be relocated to an alternate seat in the sole and absolute discretion of XFL and its personnel or agents, and no such relocation shall entitle Member to a refund or any other remedy if Member is relocated to a seat of comparable face value. Should XFL cancel, without replacing, any scheduled game that XFL has included under this Membership, you will be entitled to no refund or any other remedy, regardless of the cause of the cancellation.
- Security. Member and his/her belongings, may be searched prior to or upon entry into any XFL venue in which a game included in your Membership will be played (a “Stadium”) and/or other security checkpoints in or around the Stadium, and prohibited items may be confiscated. Member must comply with all Stadium security policies, including any applicable search and bag policy, which may vary by Stadium. Member consents to such searches and waives any claims against XFL, the Stadium, or their respective affiliates, contractors, or agents arising from or relating to such searches. If Member elects not to consent to these searches or comply with these security policies or any other security policies of XFL or Stadium, Member acknowledges that XFL, Stadium, or their respective designees has the right to deny Member entry to any applicable games. No refund or other remedy will be provided if Member is refused entry due to a failure to comply with any XFL or Stadium security policy.
- Improper Conduct. Member and Member’s guests shall comply with all rules and policies which may be adopted by XFL and any Stadium. XFL and Stadiums reserve the right, in their sole discretion, to refuse admission or eject any person whose conduct is deemed inappropriate, disorderly, or otherwise in violation of any rules or policies of XFL or any Stadium. No refund or other remedy will be provided if Member or a guest of Member is ejected or refused entry due to inappropriate conduct or failure to comply with these Terms or any other rules or policies of XFL or any Stadium.
- Risk of Loss. Upon receipt of Tickets by Member, risk of loss or theft of Tickets, or damage to Tickets, shall pass to Member. XFL shall not be obligated to admit Member, or any transferee of Member, to games unless applicable and valid Tickets are presented at such time.
- No Right to Renew. This Membership does not include any right to renew the Membership for subsequent XFL seasons. XFL reserves the right, in its sole and absolute discretion, to provide the Member the opportunity to purchase a Membership for a subsequent season (a “Subsequent Season Offer”), to decline to provide a Subsequent Season Offer, or to rescind a Subsequent Season Offer prior to delivery by XFL to Member of written notice that a Membership agreement has been consummated. In the event that a Subsequent Season Offer is made to Member, there is no guarantee that the same or similar seats will be included in such offer. Fees and charges are likewise subject to change. To accept a Subsequent Season Offer, Member must execute a separate agreement for such subsequent season and shall be bound by the XFL policies in effect at that time.
- Pre-Season and Regular Season Games Only. For the avoidance of doubt, this Membership applies to XFL pre-season (if held in XFL’s sole discretion) and regular season games only and does not include any right to purchase or otherwise obtain XFL playoff tickets for any XFL playoff games. XFL may to elect to extend to Member the opportunity to purchase playoff tickets (for regular season seats covered by this Membership or for other seats), and may do so under such terms as XFL determines in its sole and absolute discretion.
- Allocation of Seats. Allocation of seats for all Membership types are made from, and are subject to, available seat locations as determined by XFL, in its sole and absolute discretion, at the time of purchase of the applicable Membership.
- Membership Account Information. All Membership account information provided to XFL including, but not limited to, Member name, billing/mailing/email addresses, phone, and other contact information, must be the Member’s accurate personal (or, if a corporate account, corporate) information, and not that of any third party. All payments relating to this Membership must be made to XFL directly by the Member (by the Member’s check or credit card) and not by any third party. False or misleading information may subject the Membership to revocation at the sole and absolute discretion of XFL. XFL reserves the right to require submission of valid identification and/or other proof of information. The Member of record for an account shall be the individual or entity that initially registered such account with the XFL or its designee.
- Waiver of Liability for Personal Injury. Objects including, but not limited to, footballs and thrown objects, flying into spectator areas can cause serious injury. Collisions with other spectators also can cause injury. Be alert when in spectator areas, including after the stoppage of play. The holder of a ticket to an event at XFL Stadiums assumes all risks and danger of personal injury (including death) and loss or damage to personal property arising from or related to the event, including, but not limited to, the danger of being injured as described above. The holder agrees that XFL, XFL affiliates, XFL promoters, XFL licensees, XFL sponsors, the participating Stadiums and their respective officers, owners, players, employees, vendors, and agents are expressly released by the holder from any claims arising from such causes.
- Payments. All Membership payments are due by the date indicated on the applicable invoice. Failure to make payment by the due date may result in XFL retracting its Membership offer or revoking any Membership, with loss of Member benefits in the future. All returned or dishonored checks will be subject to a charge of Twenty Dollars ($20).
- WAIVER OF LIABILITY FOR PRIOR TICKET PURCHASES. BY PURCHASING SEASON TICKETS FROM XFL, MEMBER WAIVES AND DISCHARGES, AND RELEASES AND HOLDS HARMLESS, XFL, TICKETMASTER, LLC AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS RELATING IN ANY WAY TO PRIOR FULL OR PARTIAL SEASON TICKET OR OTHER TICKET OR HOSPITALITY PURCHASES AND ANY PURPORTED RIGHTS THE MEMBER MAY ASSERT IN CONNECTION THEREWITH.
- Member grants permission to XFL and its teams (and their respective designees and agents) to utilize Member’s image, likeness, actions, and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, the Stadium in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
- ARBITRATION AND CLASS ACTION WAIVER. Except where and to the extent prohibited by law, you and XFL agree that, if there is any controversy, claim, action, or dispute arising out of or related to your Membership or these Terms (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
- Notice shall be sent to XFL at 1266 East Main St., Stamford, CT 06902 Attn:VP, Legal and Business Affairs and to you at the information we have on file for you. Both you and XFL agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and XFL would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties, or, if the parties cannot agree, selected by JAMS. The arbitration shall take place in (i) the Stamford, Connecticut area or (ii) the county in which the Stadium associated with the Membership resides.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to your Membership or the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Dispute in any forum unless you provide XFL with written notice of the event or facts giving rise to the Dispute within one (1) year of their occurrence.
15. Severability. In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.