By signing the accompanying invoice (“Invoice”) or accepting the season tickets (“Season Tickets” or “Tickets”) referred to in the Invoice, Season Ticket Holder (“Holder”) agrees to the following terms and conditions (“Agreement”):
1. Season Tickets. A season ticket entitles the Holder to admission to National Hockey League (“NHL”) pre-season and regular season home games of Anaheim Ducks for the 2010-2011 NHL season (“Season”) at Honda Center (“the Arena”). Seat locations and dates are subject to the package purchased and are identified on the Season Tickets. Holder is not entitled to admission to playoff games, the NHL All-Star game, or any other events. However, the Holder shall be entitled to purchase the same seat location for playoff games at the Arena for the Season, at prices and under other terms (including the deadline for such purchase) established by Anaheim Ducks Hockey Club, LLC (“ADHC”), provided that the availability of such location shall be subject to the NHL, the Arena and ADHC commitments. This Agreement shall terminate upon conclusion of the Season subject to the Holder’s right to purchase playoff tickets as described above or immediately, at ADHC’s sole discretion, upon Holder’s breach of any provisions of this Agreement. Season Tickets are issued and renewable at the sole discretion of ADHC and may be revoked at any time without cause by ADHC including, but not limited to, Holder’s failure to pay.
2. Assignment and Resale. Season Tickets must be registered in the name of an individual or legal business entity. This Agreement may not be assigned or transferred in any manner by the Holder without an official letter from the primary account holder and ADHC’s prior written consent to such assignment or transfer. Season Tickets may not be sold, assigned, hypothecated or transferred in any manner. The sale or transfer of any individual game tickets for consideration on Arena property is strictly prohibited. The resale or attempted resale of Season Tickets (through any other vehicle other than an authorized Ticketmaster resale product) in a manner or at a price in violation of this Agreement or any federal, state or local low or regulation is grounds for cancellation without refund (in addition to any penalties and/or fines imposed by applicable authorities).
3. Non-Refundable, Cancellation and Payment upon Breach. SEASON TICKETS ARE NON-REFUNDABLE, NON-RETURNABLE AND NON-EXCHANGEABLE. ADHC shall not be responsible to Holder for the cancellation or non-performance of any game schedule at the Arena or for the inability of Holder to use any of the Season Tickets due to any cause or circumstance beyond the control of ADHC, including without limitation strikes, lockouts, failure of utilities, restrictive laws or regulations and acts of God. In the event this Agreement is cancelled or otherwise terminated as a result of Holder’s breach of this Agreement, Holder shall forfeit all monies paid to ADHC and Holder’s obligation to pay the outstanding balance, if any, of the total Season Ticket fees shall be accelerated making the full outstanding balance immediately due and payable to ADHC. This section 3 shall survive the termination or expiration of this Agreement.
4. Notices. The Holder is obligated to promptly notify ADHC of any change of address. Such notice must be in writing and shall include the signature of the Holder or authorize officer if Holder is a legal entity. All written notices by Holder shall be mailed to Anaheim Ducks Hockey Club, LLC, Attn: Ticket Office, 2695 E. Katella Avenue, Anaheim, CA 92806 or faxed to (714) 940-2833.
5. Lost or Stolen Tickets. ADHC is not responsible for lost or stolen tickets. Please safeguard the Season Tickets and handle them as one would handle cash. Upon receipt of any Ticket, risk of loss or theft of that Ticket passes to the Holder. Replacement tickets may be issued at the sole discretion of ADHC.
• Stolen Tickets will be replaced only when an official police report is presented to the Anaheim Ducks Ticketing Department by the ticket holder of record. These replacements will be honored over the Season Tickets originally issued and the original Season Tickets will be disabled.
• Lost Tickets (damaged, left at home, incorrect ticket presented for admission) will be replaced only when the ticket holder of record reports the loss to the Anaheim Ducks Ticketing Department in writing by mail, email or fax, and includes a copy of a valid photo I.D. of the ticket holder of record. Replacements on game day at the box office are issued only to the ticket holder of record when a valid photo I.D. is presented. Replacement tickets will be issued only to the Holder at a fee of $5 per ticket of ADHC. Replacement tickets will not be issued for tickets purchased on a per game basis.
6. Preferred or Season Parking. The purchase of Season Tickets may include the opportunity to purchase preferred or season parking, subject to availability.
7. Upgrades and Additional Tickets. For Season Ticket upgrades or additional Season Tickets, please contact your Account Executive.
8. Restrictions. Holder and any person using a Season Ticket shall not bring food or beverages of any kind into the Arena. Holder is responsible for all personal property brought to the Arena. Smoking in the Arena is strictly prohibited. Holder and any person using a Season Ticket shall not attach, hang or display advertisements or other notices in the Arena. The use of laser pointers, video or audio recording equipment, tri-pods, extended length zoom lenses and other professional camera equipment in the Arena is prohibited. ADHC, and its employees and agents, reserve the right to confiscate laser pointers, tape or film and evict any Holders or other ticket users from the Arena.
9. Advertising and Promotions. Season Tickets may not be used for contests, sweepstakes or other promotional purposes (including without limitation, as raffle prizes for charities) without the express written consent of the ADHC or the Office of the Commissioner of the NHL.
10. Personal Injury, Loss and Indemnification. HOLDER SHALL INDEMNIFY AND HOLD HARMLESS ADHC, ANAHEIM ARENA MANAGEMENT, LLC (“AAM”), THE CITY OF ANAHEIM, ANAHEIM PUBLIC IMPROVEMENT CORPORATION (“APIC”) and each of their respective parent and affiliated companies and their respective directors, officers, members, owners, agents, employees and servants (collectively “Indemnitees”) from and against any and all claims, suits, causes of action, damages, losses, liabilities, costs and expenses (including without limitation, reasonable attorneys’ fees and court costs) of any kind whatsoever (collectively “Claims”) arising out of or in connection with the Holder’s or its agents’, employees’, guests’, or assigns’ or transferees’ (i) use of the Tickets and/or seats, (ii) breach of this Agreement, or (iii) act or omission, neglect or wrongdoing. Holder shall, at its sole cost and expense, defend (with counsel acceptable to the Indemnitees) the Indemnitees against any and all such Claims. Holder acknowledges that its obligations under this section shall survive termination of this Agreement. Holder and all persons using a Season Ticket assumes all risk and danger of personal injury, death and all other hazards and losses, both personal and property, arising from or related by any way to the Season Tickets or a game for which a Season Ticket is issued, whether occurring prior to, during or after the game including, without limitation, the risk of being injured by a hockey puck, hockey stick, objects (including thrown objects), spectators, players, or acts of negligence and the Holder and user of a Season Ticket hereby releases ADHC, the NHL and each of its member clubs, the City of Anaheim, APIC, and AAM and each of their respective affiliates, parent companies and officers, employees and agents of each from any such claims or injuries. This Section 10 shall survive the termination or expiration of this Agreement.
11. Compliance and Regulations. While in the Arena or adjacent parking areas, the Holder agrees to comply with all applicable local, state and federal laws as well as all the rules or regulations adopted from time to time by ADHC or AAM. Violation of the above referenced rules and regulations may subject the Holder, and any person using a Season Ticket, to eviction from the Arena and/or loss of Season Ticket privileges.
12. Modification. ADHC reserves the right at anytime to modify, amend or supplement these terms and conditions.
13. Payment. The total Season Ticket fees for the Season Tickets, payment amounts and payment due dates are shown on the Invoice(s) provided to Holder by ADHC. To secure Holder’s current seat location(s), Holder must make the first payment by the due date shown on the first invoice. If at any time during the Season, Holder’s payments are not received by the due date, the barcodes on all unused Season Tickets will immediately be disabled (prohibiting access to the Arena) until the account is paid in full. Additionally, Holder’s seat locations may be released and Holder will forfeit his/her/its Season Ticket priority. Holder my pay on-line at www.anaheimducks.com and go to My Anaheim Ducks account or may provide ADHC with a single, valid credit card number. Holder may only pay by check or money order if Holder pays the total Season Ticket fees in two payment or less. Holder’s cancellation, breach or early termination of this Agreement does not release Holder from its obligations to pay all amounts shown on the invoice(s).
14. Payment Plans. In the event Holder and ADHC agree that Holder may make the payments pursuant to a payment plan, Holder shall provide ADHC with a single, valid credit card number (if choosing to pay by credit card), shall return a signed Invoice, and shall fill out and return a signed Credit Card Authorization form located on the Invoice, authorizing ADHC to automatically charge Holder’s remaining balances pursuant to the payment plan.
15. Taxes. Holder shall be responsible for and shall pay on a timely basis any and all current or future taxes, which any appropriate taxing authority determines to be due in connection with the terms of this Agreement. Without limiting the foregoing, in the event any tax shall become due with respect to Holder’s use of the Season Tickets, ADHC shall provide Holder with an invoice and Holder agrees to remit such amount to ADHC within ten (10) business days of receipt of such invoice. Except pursuant to the terms hereof, ADHC shall not be obligated to refund any amounts paid by Holder.
16. Waiver. ADHC’s waiver of any provisions in this Agreement must be in writing and signed by an authorized ADHC representative. Waiver by ADHC of Holder’s breach of any provision of this Agreement shall not operate or be construed as a continuing waiver.
17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and Holder consents to the exclusive venue and jurisdiction of the Superior Courts of California, Orange County.
18. Section Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents of this agreement.
For more information, please contact your personal account executive at 1-877-WILD-WING (945-3946) or fax (714) 940-2833.
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