EASY PAY - AUTOMATIC RENEWAL. HOLDER ACKNOWLEDGES AND AGREES THAT HOLDER'S ACCOUNT IS ENROLLED IN "EASY PAY" , WHICH PERMITS CLUB TO AUTOMATICALLY RENEW HOLDER'S TICKETS ON AN ANNUAL BASIS. HOLDER HEREBY AUTHORIZES CLUB TO AUTOMATICALLY RENEW THIS AGREEMENT FOR THE FOLLOWING SEASON. DURING CLUB'S ANNUAL RENEWAL PERIOD, HOLDER WILL RECEIVE AN ELECTRONIC INVOICE WITH THE PRICE OF HOLDER'S TICKETS AND PAYMENT SCHEDULE. HOLDER MAY CANCEL EASY PAY BY PROVIDING WRITTEN NOTICE TO CLUB AS SET FORTH ON THE INVOICE. ABSENT CLUB'S CONFIRMATION OF SUCH WRITTEN NOTICE, HOLDER'S CREDIT CARD WILL BE CHARGED FOR EASY PAY AND HOLDER SHALL BE RESPONSIBLE FOR ALL PAYMENTS DUE FOR THE FOLLOWING SEASON.
1. Applicability. Holder acknowledges and agrees that these Terms & Conditions shall apply to the tickets purchased under this transaction and all other ticket transactions between the parties throughout the season (collectively, this "Agreement"). These Terms & Conditions shall also apply to renewals of any ticket rights and future ticket transactions between the parties. Club reserves the right to modify, update, and/or replace these Terms & Conditions in its sole discretion ("Updated Terms & Conditions"). Holder's purchase or use of any tickets after any Updated Terms & Conditions are made available to Holder shall be deemed as Holder's acceptance of such Updated Terms & Conditions.
2. Payments. Holder will receive an invoice from AZPB Limited Partnership dba Arizona Diamondbacks ("Club") for all payments due. If any payment is not made in full by its due date, interest shall accrue on all unpaid amounts at the rate of one and one-half percent (1.5%) per month. Lost or stolen tickets can be replaced upon payment of their full face value.
3. Ticket Policy. Holder acknowledges that each ticket issued by Club is a separate, non-renewable, and revocable license which only permits the bearer the right to: (a) enter the publicly-accessible areas of Chase Field at times determined by Club; (b) attend the game identified on the ticket; and (c) sit in the seat location identified on the ticket. This Agreement and all tickets are revocable at Club's sole and absolute discretion, with or without cause. Club reserves the right to take appropriate action against all persons who fraudulently obtain wheelchair and companion seats including, without limitation, ejection and legal action. All tickets are subject to the standard terms and conditions of such tickets as set forth by Club and/or Major League Baseball ("MLB") including, but not limited to, the Arizona Diamondbacks Season Ticket Policies and Procedures available on www.dbacks.com/advantage (collectively, "Policies"). By using the tickets, Holder agrees to be bound the Policies. Resale or attempted resale of any ticket in a manner or at a price in violation of any federal, state, or local law or regulation is grounds for seizure of Holder's tickets and/or cancellation of this Agreement without refund or other compensation, and may result in a criminal sanction, fine, or other penalty. Any such sale or attempted sale shall constitute an event of default hereunder. Holder shall not offer or otherwise utilize any tickets or other benefits issued to it pursuant to this Agreement for advertising, promotional purposes (including sweepstakes or contests), or other trade purposes without Club's prior written consent.
4. Ticket Brokers. In the event Holder is deemed to be a Ticket Broker (as determined by Club in its sole discretion), Club may revoke Holder's tickets. If such tickets are not revoked, Holder agrees that it shall be bound by Club's Ticket Broker Terms & Conditions, which states (in part) that Ticket Brokers are not entitled to the following:
- Experience Credits
- Loyalty Cups
- Paper Tickets (electronic only)
- Recovery Tickets
- Season Ticket Holder Advantage Discount Cards
- Ticket Exchanges
- Season Ticket Holder Text Message Offers
- Ticket Return
Upon renewal, Ticket Brokers are not entitled to the following:
- Additional Seats
- Relocated Seats
- Upgraded Seats
- Online Relocation
- Online Upgrade/Add-on Opportunity
- Purchase Incentives
5. Indemnification. Holder shall indemnify, defend, and hold harmless Club, AZPB REM Limited Partnership, AZPB FM Limited Partnership, Arizona Diamondbacks Foundation, Inc., Arizona Diamondbacks Events and Entertainment LP, Maricopa County Stadium District, and their respective successors, partners, members, principals, representatives, parents, subsidiaries, affiliates, consultants, insurers and sureties, assigns, officers, directors, employees, and/or agents (collectively, "Indemnified Parties") from any claims, actions, damages, losses or expenses made against or suffered by the Indemnified Parties because of or based upon any misrepresentation, negligence, act or omission, or failure to perform any obligation under this Agreement by Holder (or any person using Holderâ€™s tickets).
6. Default; Limitation on Club's Liability. It shall be a default of this Agreement if Holder: (a) fails to pay any fees when due under this Agreement; (b) fails to comply with or perform any provisions of this Agreement; or (c) becomes insolvent. In the event of a default by Holder, Club: (i) shall be excused from further performance under this Agreement; (ii) may treat this Agreement as having been terminated as of the time of default; (iii) without further notice and with or without terminating this Agreement, may terminate Holder's rights described herein; (iv) may, without further notice or demand, declare any amount owed by Holder that is unpaid (irrespective of its due date) immediately due and payable; and/or (v) may recover from Holder all losses and damages it suffers by reason of a default. In the alternative, at its option, Club may continue this Agreement and recover all damages resulting from the default. Holder acknowledges that Club has other available ticket inventory that Club sells, trades, or makes available to third parties. Holder understands that, in the event of a default by Holder, Club shall have no obligation to sell Holder's tickets first, and should Club elect to transfer any rights to Holder's tickets to a third party, such transfer shall not be deemed a mitigation of Club's damages unless all other available tickets at Holder's price point have been sold. In the event of a default by Club, Holder may: (i) treat this Agreement as having been terminated as of the time of default and thus be excused from further performance under this Agreement; or (ii) continue this Agreement and recover all damages resulting from the default. THE MAXIMUM LIABILITY OF CLUB UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL PRICE LISTED ON THE FIRST PAGE OF THIS AGREEMENT. In no event shall Club be liable or responsible for any lost income, lost profits, or consequential damages of Holder or any person or entity.
7. Force Majeure. If a game cannot be played because of fire, the elements, mob, riot, national or local emergency, strikes, lockouts, work stoppage, calamity, epidemic, war, terrorism, or for any other reason outside the control of Club, Club shall provide Holder with a credit that can be applied to future Club games (subject to availability for the game requested).
8. Ticket Credit. All credits issued to Holder under this Agreement (including, without limitation, unused deposits) are: (a) nonrefundable; (b) shall expire one (1) calendar year from its issuance; and (c) shall be retained by Club upon expiration.
9. Assignment. Holder may not assign this Agreement without the prior written consent of Club, which consent may be withheld in Club's sole discretion.
10. Governing Law and Legal Remedies. This Agreement shall be governed and controlled by the laws of the State of Arizona. The venue for any dispute between the parties shall be Phoenix, Arizona. The prevailing party in any court or arbitration proceeding shall be entitled to recovery of its reasonable attorney's fees and costs.
11. Authority. Each individual executing this Agreement on behalf of, or as representative for, a person, partnership, corporation or other entity represents that he/she is duly authorized to execute and deliver this Agreement on behalf of such person or entity, and that this Agreement is binding upon such person or entity in accordance with its terms.
12. Future Contact. Holder hereby gives permission to Club to contact Holder about future tickets opportunities and offers. Opt outs apply.
13. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties as to the subject matter of this Agreement, and may not be amended except by a writing signed by both parties. In the event of a conflict between this Agreement and any other agreement between the parties, this Agreement shall control.