SAN JOSE SHARKS
TICKET PACKAGE AGREEMENT
This Agreement ("Agreement") is made by and between the purchaser of Sharks season tickets and/or multi-game ticket package ("Account Holder") and SAN JOSE SHARKS, LLC, a Delaware limited liability company (“Sharks”) (collectively, “Parties”). In consideration of the following promises and mutual covenants, the receipt and adequacy of which are acknowledged, the Parties agree as follows:
1. TICKETS. Subject to the terms and conditions of this Agreement, the Sharks will grant to Account Holder the number of tickets for admission and seating at the SAP Center at San Jose (“Venue”) in the locations specified in the Statement (“Ticket(s)”). Tickets provided under this Agreement shall be for the Sharks preseason and/or regular season home game(s) played at the Venue specified in the Statement (“Game(s)”). Each Ticket represents a limited, revocable license to attend the Game listed on applicable Ticket. The Sharks may set a limit on how many tickets an Account Holder may purchase.
A. Ticket Statement. After submitting an order or establishing a ticket account with the Sharks, Account Holder will receive an invoice or written confirmation from the Sharks confirming the number of Tickets that Account Holder will receive, the Game(s) for which Account Holder will receive Tickets, any other benefits purchased by the Account Holder, and a statement of amounts due to the Sharks by Account Holder (“Statement”).
B. Account Holder. Account Holder must be an individual living adult or legal business entity. The ticket holder is the person who actually uses the Ticket to rightfully enter the Venue for the Game (“Ticket Holder”). The Account is the revocable license granted by the Sharks to Account Holder to manage the Tickets, payments, and other rights and obligations under this Agreement. The Account Holder of record is listed on the Account as the primary contact. Only Account Holder is allowed to make changes to the Account. Account Holder must promptly notify the Sharks in writing through the Sharks online account system of any changes in address, phone number or Account status. Account Holder is not entitled to receive tickets for any games or events other than the Games for which Account Holder is purchasing Tickets under this Agreement, including, without limitation, the post-season games conducted by the National Hockey League (“NHL”) which result in the Stanley Cup Championship (“NHL Playoffs”), non-game events, NHL All Star or Draft events, American Hockey League (“AHL”) games or events, or any non-Venue games or events. Account Holder will have a right of first refusal to purchase tickets for any NHL Playoff games in which the Sharks compete, if any, that take place at the Venue during the Term, in the same seat locations of Tickets granted to you for the corresponding NHL regular season. The Sharks may, in their sole discretion, offer Account Holder the ability to purchase tickets for other games or events, subject to the rules of event promoters and the Constitution and Bylaws, resolutions, rules and regulations, policies, limitations and interpretations of the NHL, as determined by the NHL on an on-going basis, including any Collective Bargaining Agreement between the NHL and/or its members and other parties; all agreements, consent decrees and settlements of the NHL, NHL members and/or other persons in furtherance of NHL business; and any national network agreements, corporate marketing, licensing, sponsorship or similar agreements between the NHL and third parties; as presently exist and as are hereafter enacted, made or enforced.
C. Transfer and Resale. The Sharks may provide an electronic ticket resale and/or transfer system for use by Account Holder. Use of any such system is subject to this Agreement and all terms and conditions related to the system. The Sharks may at any time and in their sole discretion: (i) suspend, modify, replace and/or discontinue the system(s); (ii) discontinue Account Holder's access to and/or use of the systems or revoke the Account if the Sharks suspect or determine that the Account and/or system terms and conditions are violated; (iii) set the price parameters for ticket licenses listed for sale or transfer on the system; and/or (iv) institute a fee for use by Account Holder on the Account. Unless expressly agreed to in writing by the Sharks, the Account and Tickets may not be used for advertising, promotions (including contests and sweepstakes), or other trade or commercial purposes.
3. LIMITATIONS AND CONDITIONS TO USE
A. Venue Rules. Account Holder and Ticket Holders will be bound by all terms and conditions upon which tickets for admission to the Venue are issued and will observe at all times the rules, regulations, policies and limitations related to admission, behavior and use of the Venue, as determined on an on-going basis, and all applicable laws, statutes, rules, regulations, decisions and orders of any applicable federal, state or local governments, administrative agencies and commissions (“Venue Rules”). The Sharks and the Venue reserve the right to refuse admission, eject, and/or or revoke the right to enter or remain in the Venue, without refund, for anyone failing to comply with the Venue Rules or engaging in any misconduct, as determined by the Venue in its sole discretion.
B. Personal Property. The Sharks and the Venue are not responsible for loss of personal property brought into the Venue.
C. Parking Passes. The Sharks may, in its sole discretion, offer Account Holder the opportunity to purchase passes for parking in Venue-controlled lots on terms and in locations determined by the Venue.
D. Searches. Account Holder consents to searches by the Sharks, the Venue, or their designated agents of all persons, bags, clothing and other articles prior to entry into the Venue. The Sharks reserve the right to require removal of items the Sharks deem, in its sole discretion, to be potentially dangerous, inflammatory or inappropriate.
E. Recording and Broadcast Rights. The NHL, the Sharks and their respective broadcast partners are the sole holders of all rights in and to all television, radio, internet or any other broadcast of the Sharks games. Account Holder will not use any broadcast or make any video or audio recording of any Sharks game.
F. Accessible Seating. Designated accessible locations in the Venue are reserved for guests who require disability accommodations. The Venue provides wheelchair accessible seating in designated locations and no permanent fixed chair will be provided for these locations. Only those requiring wheel chair accessible seating and one companion may use tickets for seating in designated locations for wheelchair accessible seating. Additional companion seats may be purchased for nearby seating locations, subject to availability. The Venue also provides semiambulatory seating for guests requiring disability accommodations but do not require a wheelchair. Should a Ticket Holder not require the disability accommodation provided in the location for which a Ticket is issued, the Sharks or the Venue may exchange the Ticket(s) for alternate seat locations determined solely by the Sharks or the Venue, subject to availability.
G. Governing Body Preemption. Account Holder understands that the Account includes Tickets only for Games presented by the Sharks and played at the Venue during the NHL preseason and regular season. Account Holder understands that the Sharks must comply with certain agreements and mandates made by the NHL, and the NHL reserves the right to cancel, postpone, reschedule or relocate games, as determined in its sole discretion; modify or discontinue, temporarily or permanently, any aspects of the rules, operations and presentations of NHL-related games and events; and/or relocate any ticket seat locations, including season ticketholder seat locations, during the NHL Playoffs and other NHL-controlled games (“NHL Preemption”). Tickets granted under this Agreement will not include tickets for any Sharks away games, any Sharks home games not taking place at the Venue, including, without limitation, a presentation of the NHL Stadium Series or NHL All Star or NHL Draft events, or any other games that are controlled and presented specifically by the NHL, including the NHL Playoffs.
4. COSTS AND PAYMENT
A. Ticket Cost. Account Holder will pay to the Sharks the amounts indicated in the Statement.
B. Method of Payment. Account Holder will pay all amounts owed in accordance with the payment provisions of the Statement.
C. Deposit. The Sharks may require Account Holder to submit a non-refundable deposit, as determined in the Sharks sole discretion, to establish the Account and/or reserve the Tickets.
D. Late Payment. The Sharks may charge a late fee in an amount up to the highest charge allowed by applicable law for the outstanding or late payment of any amount due by Account Holder.
5. TERM. This Agreement is for a one-season term and will expire at the conclusion of the season for which Tickets are provided, unless terminated earlier in accordance with this Agreement. Neither party has the right or obligation to renew this Agreement.
6. RISKS AND LIMITATION OF LIABILITY
A. Lost Tickets. The Sharks are not responsible for lost, stolen, misplaced or forgotten tickets. At the sole discretion of the Sharks, Tickets may be replaced for an additional cost. If the Sharks replace a Ticket, such replacement will be honored over the original, and the original Ticket will be null and void.
B. Refunds. Unless specifically provided in this section, there will be NO CREDITS OR REFUNDS PROVIDED FOR TICKETS ONCE ORDERED. Games may be delayed or postponed for any reason. If delayed or postponed, Tickets will be honored for the postponed or delayed Game. No credits or refunds will be provided for delay or postponement. Games may be cancelled for any reason. If a Game is cancelled and not subsequently rescheduled or is relocated and not played in the Venue for any reason, including NHL Preemption, such cancellation or relocation will in no way be deemed, argued or construed to be a breach by the 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, the Account Holder’s sole remedy will be a pro rata account credit or refund for any Tickets to such cancelled or relocated Game, subject to the following terms and conditions:
i. Account Holder will receive a refund or credit directly from their authorized ticket outlet (i.e., San Jose Sharks or Ticketmaster).
ii. Anyone purchasing a Ticket from a source other than the authorized ticket outlets mentioned above must seek a refund directly through the party from whom the Ticket was purchased. Authorized ticket outlets will only refund the Account Holder.
iii. The Account Holder should retain original purchased Ticket(s) and a credit card receipt, and /or receipt which verifies purchase from original authorized purchase outlet.
iv. The Account Holder will be issued a refund or credit of the Ticket's face value, plus service fees, processing fees, and other fees, except shipping fees, which are non-refundable, if tickets are shipped or mailed.
v. If a refund is issued, such refund will be issued using the same method of payment used as original purchase through authorized ticket outlet. If a credit card was used to make the ticket purchase, then that same credit card will be credited for the refund.
vi. Account Holder hereby waives and releases any claims it may have against the Sharks and/or the NHL with respect to any such cancelled or relocated Games not played at the Venue.
C. Assumption of Risk. Account Holder assumes all risks of injury, loss and other dangers arising from or related to admission to the Venue, spectator or player interaction, facility conditions, flying objects and other hazards associated with attending games and events in a public forum and/or using the Tickets. Except to the extent due to their own gross negligence or willful misconduct, the Sharks, the Venue, and the City of San Jose are not liable or responsible for any loss, damage or injury to any person or property in or around the Venue or in connection with any Game or Sharks event resulting from any cause.
7. DEFAULT AND TERMINATION.
A. Account Holder Default. If Account Holder fails to pay when due any amounts due, fails to perform its duties and obligations or otherwise materially breaches this Agreement, the Sharks may, without limiting any of its rights under this Agreement, withhold distribution of Tickets and/or terminate this Agreement immediately upon written notice. Upon termination of this Agreement, Account Holder will forfeit all rights to the Tickets and Account Holder’s obligation to pay the outstanding balance of the any amounts due to the Sharks by Account Holder, if any, will be immediately due and payable. Termination of this Agreement will not affect Account Holder’s obligations under this Agreement for amounts due to the Sharks or otherwise limit the rights and remedies available to the Sharks. The Sharks’ acceptance of any amounts due by Account Holder will not constitute a forfeiture or waiver of any additional amounts owed or of any other right or remedy available to the Sharks at law or in equity.
B. Sharks Breach. If Account Holder terminates this Agreement due to a material breach by Sharks, Account Holder’s sole remedy will be a credit or refund of the amount already paid to the Sharks by Account Holder, excluding any amount allocable to Tickets, parking passes or other benefits already received and/or used by Account Holder.
C. Nonoccurrence or Relocation. Notwithstanding anything herein go the contrary, if any Game does not occur at the Venue for any reason, the Sharks will not be in breach of this Agreement. If a Game for which Account Holder is entitled to Tickets under this Agreement is cancelled or relocated away from the Venue, Account Holder will not be charged for any such Ticket(s), or, if the Sharks have already received payment for such Ticket(s), Account Holder will receive a pro rata credit or refund equal to the price of such Ticket(s) as specified in the Statement. For avoidance of doubt, Games for which Account Holder is entitled to Tickets under this Agreement do not include any AHL games or events, any Sharks away games, any Sharks home games not taking place at the Venue, including, without limitation, a presentation of the NHL Stadium Series, or any other games or events that are controlled and presented specifically by the NHL, including, without limitation, the NHL Playoffs, NHL All Star or NHL Draft events.
8. GENERAL TERMS
A. Right to Manage. Sharks reserve the right to manage, operate and control the Venue, the San Jose Sharks hockey team and all other aspects of its business at all times.
B. No Warranty. The Sharks do not make any representation, warranty, covenant or guarantee that any particular game or event, including any Game, as defined in this Agreement, will take place at the Venue.
C. Governing Law. This Agreement will be governed and construed in accordance with the laws of the state of California without regard to conflict of law principles.
D. Notices. Any written notices to Account Holder shall be mailed to the address on the Account. Any written notices to Sharks should be made to email@example.com, or mailed to: Sharks Ticket Sales, SAP Center at San Jose, 525 W Santa Clara Street, San Jose, CA 95113.
E. Waiver and Amendment. Failure to enforce any provision of this Agreement will not be a waiver or prevent enforcement of the same or any other provision of this Agreement. The Sharks may amend or supplement the terms and conditions of this Agreement as it deems necessary on an on-going basis. Amendments, revisions and/or information about to the Account terms and this Agreement may be sent to Account Holder or posted on the Sharks website from time to time. Account Holder is responsible for reading and complying with all information, revisions and amendments. The Sharks are not responsible for problems, losses or inconveniences experienced because Account Holder did not read updates to the Account or this Agreement, or because information is sent to an incorrect address.
F. Assignment. Except as expressly provided in this Agreement, Account Holder may not assign or transfer any of its rights and obligations under this Agreement without the express written consent of the Sharks which may be withheld for any or no reason. In the event of any attempt by Account Holder to offer, sell, assign or transfer its Tickets or other rights under this Agreement in violation of this Agreement, the Sharks will have the right, but not the obligation, to terminate this Agreement and the Account.
G. Entire Understanding. THIS AGREEMENT IS THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH REGARD TO ITS TERMS. BY TENDERING PAYMENT TO THE SHARKS AND/OR ACCEPTING ANY TICKET(S) PROVIDED UNDER THE ACCOUNT, ACCOUNT HOLDER SIGNIFIES THAT ACCOUNT HOLDER UNDERSTANDS AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.