SHARKS TICKET BUYER TERMS AND CONDITIONS
These Ticket Buyer Terms and Conditions (the "Terms & Conditions") govern the Sharks Ticket Buyer Agreement (the "Agreement") made by and between the Buyer identified in the applicable Agreement, or any other individual or entity purchasing and using Sharks tickets (the "Buyer"), and San Jose Sharks, LLC (the "Sharks") (collectively the "Parties"). The Parties agree as follows:
1.Ticket Revocable License. All tickets to attend San Jose Sharks game, including each ticket featured as part of a Ticket Package, or otherwise purchased, is a revocable license (a "Ticket") issued by the Sharks to the Buyer and/or as listed on the Sharks ticket account of record (the "Sharks Account"). A "Ticket Package" is any multigame ticket package sold by the Sharks, including a: (i) multiyear ticket plan; or (ii) full-season ticket plan; or (iii) half-season ticket plan; or (iv) partial-season flex plan; or (v) any other partial-season plan or package offered for sale by the Sharks. Breach of any of the terms and conditions contained herein entitles Sharks to all legal remedies available to it, including, without limitation, revocation or cancelation of the applicable Sharks Account and all associated Tickets. Sharks reserve the right to refuse to sell Tickets to any individual or entity for any lawful reason. A Ticket grants the Buyer admission to the NHL home game of the San Jose Sharks for the applicable NHL season ("Season") played at SAP Center at San Jose (the "Arena"), as identified on the Ticket. Seat location(s) and date(s) are subject to the Ticket Package purchased and are identified on the Tickets.
Ticket Package does not grant Buyer admission to any NHL playoff ("Playoff") games. However, Buyer may be entitled to purchase the same, or different, seat location(s) for Playoff games at the Arena for the Seasons identified in the Agreement, at prices and under other terms (including the deadline for such purchase) established by Sharks, provided that the availability of such location shall be subject to the NHL, Arena, and Sharks' commitments and that Buyer is not in breach of any terms of the Agreement.
Buyer acknowledges and agrees that the Ticket Package is only for NHL pre-season and regular season games presented by the Sharks and played at the Arena, and for the avoidance of doubt, shall not include tickets, or the right to purchase tickets, to any other event or game, including, but not limited to, any NHL Winter Classic, NHL Stadium Series, NHL All Star, or NHL Draft event, ("League Special Event") held in the Sharks' market or hosted by the NHL at the Arena or otherwise in which the Sharks participate. Buyer acknowledges and agrees that the Sharks and/or NHL may cancel, postpone, reschedule, or relocate games or events for any reason (e.g. move a regular season Sharks game from the Arena to an alternate venue for the purposes of playing a League Special Event), as determined in their sole discretion, as well as to modify or discontinue, temporarily or permanently, any aspect of the rules, operations, and presentation of NHL games and events ("Preemption").
In the event that any game or event for which Tickets have been sold to Buyer is not played or presented in the Arena for any reason, including, but not limited to, Preemption, such event shall in no way be deemed, argued, or construed to be a breach by Sharks of any terms, conditions, agreement, or any other duties or obligations in connection with the sale and use of the Tickets and, in such event, Buyer's sole remedy shall be a pro-rata account credit or refund equal to the price paid for the Tickets as specified in the ticket invoice, and Buyer hereby waives and releases any and all claims it may have against Sharks and/or the NHL with respect to such game(s) or event(s) not played or presented at the Arena.
2.Term and Termination. The term of the Agreement shall commence upon the Effective Date identified in the Agreement. The Agreement shall terminate upon conclusion of the Season subject to the Buyer's right to purchase Playoff tickets as described above, based on the type of Ticket Package purchased, including any Auto-Renewal periods of time, or immediately, at Sharks' sole discretion, upon Buyer's breach of any provisions of the Agreement and/or the Terms & Conditions. Tickets are issued and renewable at the sole discretion of Sharks and may be revoked at any time without cause by Sharks including, but not limited to, Buyer's failure to pay. Changes to Seat locations, whether made during Select-A-Seat or otherwise, must be agreed to by Sharks in writing. Sharks may, in its sole discretion distribute Tickets in any form or medium it chooses.
3.Assignment and Resale. Sharks Account and accompanying Ticket Package must be registered in the name of an individual or legal business entity. The Agreement may not be assigned or transferred in any manner by the Buyer without an official letter from the primary account holder and Sharks' prior written consent to such assignment or transfer. Buyer acknowledges that its resale and/or trade activity concerning its Tickets may be monitored and/or tracked by Sharks. If Buyer lists for sale or trade its Tickets for twenty (20) or more games in a single season through any secondary ticket market vendors, Sharks specifically reserve the right to not renew Buyer's Sharks Account in any subsequent season, or to immediately cancel Buyer's Sharks Account and deactivate Buyer's Tickets. The resale or attempted resale of Tickets in a manner or at a price in violation of the Agreement or any federal, state or local law or regulation is grounds for cancelation without refund (in addition to any penalties and/or fines imposed by applicable authorities).
4.Non-Refundable, Cancelation and Payment upon Breach. TICKETS ARE NON-REFUNDABLE AND NON-RETURNABLE. Notwithstanding the language governing Preemption in Section 1, above, Sharks will not be responsible to Buyer for the cancelation or non-performance of any game scheduled at the Arena or for the inability of Buyer to use any Ticket due to any cause or circumstance beyond the control of Sharks, including without limitation strikes, lockouts, failure of utilities, quality of ice surface, restrictive laws or regulations, and/or acts of God. In the event the Agreement is canceled or otherwise terminated as a result of Buyer's breach of any portion of the Agreement, Buyer shall forfeit all monies paid to Sharks. This Section 4 shall survive the termination or expiration of the Agreement.
5.Notices. Buyer is obligated to promptly notify Sharks of any change of address or desired contact information. Such notice must be in writing and shall include the signature or electronic signature of the Buyer or authorized officer if Buyer is a legal corporate entity. All written notices by Buyer shall be mailed to San Jose Sharks, LLC, Attn: Sharks Ticketing Department, 525 W. Santa Clara St., San Jose, CA 95113 or emailed to the appropriate Sharks Account Service Manager.
6.Lost or Stolen Tickets. Tickets will be issued to Buyer in a format chosen by the Sharks in its sole discretion. The Sharks are not responsible for lost, stolen, or damaged tickets or electronic tickets. Please safeguard the Tickets and their barcodes or RFID tags and handle them as one would handle cash. Upon receipt of any Ticket, risk of loss or theft of that Ticket passes to Buyer. Replacement tickets or barcodes may be issued at the sole discretion of Sharks.
Stolen Tickets will be replaced only when an official police report is presented to the Sharks Ticketing Department by the Sharks Account Buyer of record. These replacements will be honored over the Tickets originally issued and the original Tickets will be disabled.
Lost Tickets (damaged, unreadable barcode, left at home, incorrect ticket presented for admission) will be replaced only when the Sharks Account holder of record reports the loss to the Sharks Ticketing Department in writing by mail, email or fax, and includes a copy of a valid photo I.D. of the Sharks Account holder of record. Replacement tickets or reissued barcodes will be issued only to the Sharks Account holder of record when a valid, government-issued photo I.D. is presented and the Sharks may charge a fee of $5 per reissued ticket. Replacement tickets will not be issued for tickets purchased on a per game basis.
7.Preferred or Season Parking. The purchase of a Sharks Ticket Package may include the opportunity to purchase preferred or season parking at prices set in the Sharks' sole discretion, subject to availability.
8.Restrictions. Buyer is responsible for all personal property brought to the Arena. Smoking in the Arena is strictly prohibited. Buyer and any person using a Ticket will 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. Sharks, and its employees and agents, reserve the right to confiscate laser pointers, tape or film and evict any Buyers or other ticket users from the Arena.
9.Advertising and Promotions/Use of Image. 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 Sharks or the Office of the Commissioner of the NHL. The Sharks, the NHL, and each of their respective related entities and agents, sponsors, and licensees hereby have the unrestricted right and license to use the image, likeness, name, voice, comments, or other proprietary public rights of Buyer and any minor accompanying Buyer, in any broadcast, telecast, photograph, video, audio sound, audiovisual feature, and/or other recording taken at the Arena or in connection with any event being presented at the Arena, for all purposes, worldwide and in perpetuity, and in any and all media, whether now in existence or known or hereinafter developed, without compensation to Buyer or any person accompanying Buyer.
10.Assumption of Risk and Indemnification. BUYER SHALL INDEMNIFY AND HOLD HARMLESS SHARKS, SAN JOSE ARENA MANAGEMENT, LLC ("SJAM"), THE CITY OF SAN JOSE, 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 Buyer's or its agents', employees', guests' or assigns' or transferees' (i) use of the Tickets and/or seats, (ii) breach of the Agreement, or (iii) act or omission, neglect or wrongdoing. Buyer shall, at its sole cost and expense, defend (with counsel acceptable to the Indemnitees) the Indemnitees against any and all such Claims. Buyer 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 Buyer and user of a Season Ticket hereby releases Sharks, the NHL and each of its member clubs, the City of San Jose, SJAM, and each of their respective affiliates, parent companies and officers, employees and agents of each from any such claims or injuries. This Section 11 shall survive the termination or expiration of the Agreement.
11.Compliance with Laws, Rules and Regulations. While in the Arena, adjacent parking areas, or area immediately outside the Arena, Buyer and all Ticket holders agree to comply with all applicable local, state and federal laws as well as all rules or regulations adopted from time to time by Sharks, SAP Center, San Jose Arena Management, NHL, and/or their affiliates. Violation of said rules and regulations may subject the Buyer, and any person using a Ticket, to eviction from the Arena and/or loss of Sharks privileges. Sharks Account holder is responsible for the actions of its invitees and guests or any other person using the Sharks Account holder's Tickets.
12.Fan and Buyer Behavior. Any Buyer or user of a Ticket who behaves in an unruly or disruptive manner at the Arena, including, without limitation: using aggressive or foul language; appearing intoxicated; physically or verbally abusing Arena or Sharks employees or personnel, other fans, game officials, players, or coaches; whether such behavior occurs during, before, or after a game, may be ejected from the Arena. If a Buyer (or any individual to whom a Buyer has given/sold its Tickets) engages in such behavior, Sharks reserve the right to terminate the applicable Sharks Account without refund or compensation in accordance with the Agreement and NHL policy. Furthermore, if Buyer, in the Sharks' sole discretion, treats any Sharks employees or personnel in an abusive or disrespectful manner at any time, Sharks may cancel the applicable Sharks Account without refund.
13.Modification. Sharks reserve the right, in its sole discretion, at any time to modify, amend, revise, update or supplement these Terms & Conditions.
14.Payment. Buyer agrees to pay in full all fees contained in Ticket invoices, identified in the Agreement, and/or identified during the Sharks' online payment process. The total Package Fee for the Ticket Package, payment amounts and payment due dates are shown on the invoice(s) provided to Buyer by Sharks. To secure Buyer's current seat location(s), Buyer must make the first payment by the due date shown on the first invoice. If at any time during the Season, Buyer's payments are not received by the due date, in Sharks' sole discretion, the unused Tickets will be disabled (prohibiting access to the Arena) permanently or until the account is paid in full, Buyer's seat locations will be released and Buyer will forfeit his/her/its Ticket priority. Alternatively, in Sharks' sole discretion, if at any time Buyer's payments are not received by the due date, all unused Tickets will be disabled, Buyer's original seat locations will be released, new seat locations will be selected by Sharks, new Tickets will be issued to Buyer and Buyer will forfeit his/her/its Ticket priority. Buyer may pay on-line or may provide Sharks with a single, valid credit card number. In the event Buyer's payment is rejected (e.g. NSF, declined credit card), Sharks may require Buyer to make all payments by using a specific method of tender. Buyer's cancelation, breach or early termination of the Agreement does not release Buyer from its obligations to pay the Package Fee in full.
15.Payment Plans and Automatic Renewal. In the event Buyer and Sharks agree that Buyer may make the payments pursuant to a Payment Plan as identified in the Agreement, Buyer shall provide Sharks with up to two (2) valid credit card numbers (if choosing to pay by credit card). Buyer may have the option to enroll in automatic renewal of his/her/its Ticket Package plan for subsequent season(s) ("Auto-Renewal") at then current Ticket prices. Ticket prices may increase season to season under Auto-Renewal plans. Buyer must contact the Sharks to cancel Auto-Renewal by emailing email@example.com or by contacting the appropriate Account Service Manager. In the event that Buyer elects to enroll in Auto-Renewal of a Ticket Package, Buyer will receive email notification approximately two (2) weeks prior to Buyer's card being charged for the first installment payment. If Buyer fails to timely opt out of the Auto-Renewal payment plan, Buyer will automatically be charged and will be locked in to their Ticket Package membership for an additional season and will not be eligible to cancel the Ticket Package until after the conclusion of that additional season.
16.Taxes. Buyer 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 the Agreement. Without limiting the foregoing, in the event any tax shall become due with respect to Buyer's use of the Tickets, Sharks shall provide Buyer with an invoice and Buyer agrees to remit such amount to Sharks within ten (10) business days of receipt of such invoice. Except as expressly stated otherwise in the Agreement, Sharks will not be obligated to refund any amounts paid by Buyer.
17.ADA Accessible Seating. Subject to applicable law, Buyer acknowledges that he/she may be required to represent and warrant, in writing, to Sharks that ADA accessible seating is legitimately warranted. Buyer acknowledges that his/her account may be canceled and all Tickets may be revoked if Buyer provides any incorrect information or fraudulently requests ADA accessible seating.
18.Waiver. Sharks' waiver of any provisions in the Agreement must be in writing and signed by an authorized Sharks representative. Waiver by Sharks of Buyer's breach of any provision of the Agreement shall not operate or be construed as a continuing waiver.
19.Entire Agreement. The Agreement, together with these Terms & Conditions and any applicable invoice(s), comprise the entire agreement and understanding between Sharks and Buyer and supersedes all prior agreements and understandings, whether verbal or written, with respect to the subject matter of the Agreement and any such other agreements or understandings are hereby revoked.
20.Section Headings. Section headings are not to be considered a part of the Agreement and are not intended to be a full and accurate description of the contents of the Agreement.
21.Severability. If any portion of the Agreement is judged to be illegal, invalid, or unenforceable, such portion will be given effect to the maximum extent possible. Any such invalidity or unenforceability will not in any way affect the validity or enforceability of the remainder of the Agreement, which will continue in full force and effect.