These 2020 Phillies Season Ticket License Terms & Conditions, along with the 2020 Season Ticket Invoice (if any), create an agreement between the purchaser of the season tickets ("Account Holder") and The Phillies (the "Club") (collectively the "Parties") with such agreement referred to herein as this "Agreement." Any conflict between these Terms & Conditions and the Account Holder's Season Ticket Invoice shall be controlled by the Season Ticket Invoice.
In consideration of the promises and mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound by this Agreement, agree as follows:
1. Account Holder hereby agrees to purchase a season ticket package, which consists of tickets to a designated number of individual home Philadelphia Phillies games to be played at Citizens Bank Park. Each individual game ticket purchased by Account Holder ("Account Ticket") is a limited, revocable license issued by the Club to attend the baseball game listed on the applicable ticket.
2. The "Account" is the revocable license granted by this Agreement to purchase the Account Tickets for the 2020 regular season as specified in the Season Ticket Invoice or My Phillies Tickets Account access (found on phillies.com/mytickets) provided to Account Holder by the Club for the price set forth on the Season Ticket Invoice or displayed in the My Phillies Tickets Account (found on phillies.com/mytickets). All Season Ticket Account sales are final and no refunds or exchanges will be made, except as expressly provided in this Agreement. The Club reserves the right to set a limit on how many season tickets an Account Holder may purchase.
3. The terms and conditions applicable to the Account include those provided:
(a) in this Agreement;
(b) on each Account Ticket (which are incorporated by reference in this Agreement);
(d) on any signage in Citizens Bank Park; and
(e) orally or in writing by authorized Club or ballpark personnel.
The Club reserves the right to amend or supplement the terms and conditions contained in this Agreement by providing written notice to Account Holder or by posting such amendment or supplement on the Club's website at www.phillies.com. Information about, and/or revisions or amendments to, the terms and conditions may be posted on www.phillies.com from time to time. It is the responsibility of Account Holder to read and comply with these terms and conditions and all such information. The Club is not responsible for any problem, loss or inconvenience experienced because Account Holder did not read information regarding the Account or this Agreement or because the information was mailed to a former or incorrect physical or e-mail address.
4. The Club reserves the right to revoke or terminate the license granted to an Account Holder through this Agreement or granted through an individual Account Ticket without any refund or compensation if, in the Club's sole discretion, an Account Holder or an individual utilizing any of the Account Tickets violates any of the applicable terms and conditions applicable to the Account as set forth or referenced herein or otherwise acts in any manner that could negatively affect the experience of any other person within Citizens Bank Park.
5. Season ticket plans are not transferrable. This Agreement, the Account and any rights Account Holder may have hereunder shall not be assigned or transferred in any manner, whether voluntarily or by gift, bequest or operation of law, by Account Holder to any other person or entity without the express written consent from the Club. In the event of any purported transfer, offer of transfer or attempted transfer, the Club has the right, but not the obligation, to terminate this Agreement and the Account by providing written notice to Account Holder and paying to the Account Holder the remaining pro rata portion of the amount paid by Account Holder within a reasonable time after providing such notice. Only Account Holder of record is allowed to make any change to the Account. Account Holders should contact the Club by mail, email or phone if contact information changes. The Club reserves the right to require an Account Holder to provide proof of identity and authorization to act before making any change to the Account.
6. It is a material breach of this Agreement for Account Holder to complete or attempt to sell, trade, forward or otherwise transfer any Account Tickets to a third party ticket broker, agency or individual who purchases, sells and/or otherwise transfers tickets, without the express written consent of the Club. Account Holder may not resell any Account Ticket for a premium in excess of any amount allowed by federal, state or local law. If Account Holder sells or offers to sell any ticket at or near Citizens Bank Park, he or she will be removed from the premises and prosecuted under the law, and the Club shall have the right to terminate the Account and revoke Account Holder's license under any Account Tickets for the games then remaining in the 2020 regular season.
7. In the event of a material breach of this Agreement by Account Holder, the Club shall have the right, but not obligation, to terminate the Account and revoke Account Holder's license under any Account Tickets for the games then remaining in the 2020 regular season. In the event that the Club terminates the Account under this Section 7, Account Holder agrees to pay the Club liquidated damages in an amount equal to any balance remaining on the Season Ticket Invoice for the Account at the time of termination.
8. The Club may provide an electronic ticket resale and/or transfer system (the "System"). Any and all use of the System is subject to the terms and conditions associated with the Account and with accessing said System. The Club reserves the right to suspend, modify, replace and/or cancel the System at any time in the Club's sole discretion. The Club reserves the right to disengage Account Holder's access to electronically post for sale and forward tickets or revoke Account Holder's Account if the Account and/or System Terms & Conditions are violated.
9. Absent express, written consent from the Club, the Account and Account Tickets obtained by Account Holder shall not be used for advertising, promotion (including contests and sweepstakes) or other trade or commercial purposes.
10. Season tickets plans do not confer any ownership or leasehold rights on Account Holders. The opportunity to renew season tickets is on a year-to-year basis as determined in the sole discretion of the Club at any time before each opening day, even if payment has been made. Ownership of season tickets and/or the purchase of playoff tickets in a season does not create any right to purchase tickets to games beyond that season. Any oral or implied statement or action to the contrary is of no force or effect. Season ticket sales in future seasons are subject to any change, limitation and/or deadline that has been or may be imposed by the Club. In particular, the Club expressly reserves the right to:
(a) change season ticket policies and prices at any time and for any reason;
(b) apply components of season ticket purchases, such as benefits, experiences and/or discounts as posted on Phillies.com from time to time ("Benefits") as well as policies and prices differently to different persons or entities, including without limitation, persons who resell a majority of their Account Tickets, whether licensed to do so or not ("Ticket Resellers");
(c) charge an administrative fee in connection with any reissuance of Account Tickets that are lost or stolen or any approved correction or change to Account information;
(d) refuse to sell future season tickets to any individual or entity, for any reason, including, but not limited to, individuals or entities who:
(i) fail to comply with any applicable payment deadline or other condition or restriction;
(ii) resell Account Tickets to third parties (whether licensed to do so or not); or
(iii) engage in, or permit the use of their Account Tickets by any person who engages in, conduct prohibited by the Club or Citizens Bank Park policies, including without limitation the Guest Code of Conduct standards posted online www.phillies.com.
11. If the Club is authorized by Major League Baseball to issue 2020 Post-Season tickets, Account Holder may be entitled to purchase an allotment of tickets in accordance with the Season Ticket Holder Benefits posted on Phillies.com. Account Holder may not resell any 2020 Post-Season ticket for a premium in excess of any amount allowed by federal, state or local law. If Account Holder sells or offers to sell any 2020 Post-Season ticket at or near Citizens Bank Park, he or she will be removed from the premises and prosecuted under the law. Post-Season tickets may be subject to additional terms and conditions. The Club reserves the right to offer Account Holder tickets for seats for 2020 Post-Season games that are different from the Account Holder's seats for the 2020 regular season games. To the extent that any Post-Season games purchased by an Account Holder are not played, Account Holder may be offered the opportunity to seek a refund of amounts paid for unplayed Post-Season games, less any applicable service charges or fees, or to request that amounts paid for unplayed Post-Season games be applied to future ticket charges. If an Account Holder opts to have such amounts applied to future ticket charges, however, such decision does not confer any right on the Account Holder to purchase tickets in the future, including without limitation, season tickets. The Club reserves the right to refund any amount paid for unplayed Post-Season games to Account Holder, without interest or damages of any kind, in the event that the Club determines, in its sole discretion, not to grant Account Holder a license to purchase tickets in the future.
12. Certain season ticket Account Holders may be eligible to receive Benefits in addition to their Account Tickets at no additional charge. Determinations of which Benefits may be provided and which Account Holders qualify for the Benefits are at the sole discretion of the Club. Benefits may be modified, revoked or terminated by the Club, as to an individual Account Holder or all Account Holders, at any time and for any reason, without compensation or damages of any kind. If the Club, in its sole discretion, determines that an Account Holder is a Ticket Reseller, the Account Holder may not be eligible for any of the Benefits, including the option to purchase Post-Season tickets.
13. The Club is not responsible for Account Tickets that are lost, stolen or left at another location. Account Tickets may be replaced at the sole discretion of the Club. The Club may impose an additional charge in its sole discretion for such replaced Account Tickets. Stolen Account Tickets will be replaced only upon written request made by Account Holder, accompanied with a police report identifying the theft of the Account Tickets. If the Club replaces any Account Ticket, the replacement ticket will be honored over the original ticket in all cases and the original ticket will be null and void.
14. Payment Options
Phillies Season Ticket Holders will have three payment options for the 2020 season:
(a) Payment in full via a debit or credit card at phillies.com/mytickets, by calling the Phillies Sales Office at 215-463-5000 or by check made payable to "The Phillies" and mailed to Phillies Season Sales, Citizens Bank Park, One Citizens Bank Way, Philadelphia, PA 19148.
(b) Two-Payment Automated Payment Plan via a debit or credit card at phillies.com/mytickets. The designated debit or credit card will be charged for 30% of the overall balance of the season tickets as a deposit at the time of contracting and then charged for the balance, 70%, on a designated date in January of 2020.
(c) Extended Payment Plan with Auto-Renewal via a debit or credit card at phillies.com/mytickets as explained below.
15. Payment Authorization
At the time that payments are initially due under this Agreement, Account Holder is required to provide a form of payment for any future payments due under the terms of this Agreement or renewals that may be offered. Account Holder hereby agrees and authorizes the Club to charge the identified form of payment (or any subsequent debit or credit card(s) Account Holder provides to the Club) in the amounts and on the dates set forth above for the 2020 Season, and in the amounts stated in the Account Holder's Notice of Automatic Renewal. Note that subject to section 10 of these Terms and Conditions, Account Holders' season tickets in future seasons may be at a higher rate or for seat(s) in a different location. You may revoke this payment authorization by emailing [email protected] or calling the Phillies Sales Office at 215.463.5000 in such a time and manner as to afford the Club a reasonable opportunity to act upon your request. If Account Holder revokes this authorization, Account Holder still will be responsible for paying all amounts owed under this Agreement. If any payment is returned unpaid, Account Holder authorizes the Club to resubmit a charge to cover the amount due, and/or cancel Account Holder's Account immediately. Account Holder understands that its/his/her bank may charge a fee if a payment is returned for insufficient funds, and that the Club will have no liability for any such fee.
16. Extended Payment Plan with Auto-Renewal
(a) If Account Holder selected the "Extended Payment Plan with Auto-Renewal" payment option, Account Holder will make a deposit and as many as four (4) installment payments, depending on the date Account Holder enters into this Agreement with the Club by placing a deposit on 2020 Season Tickets (the "Initial Deposit Date"). Account Holders shall be required to make the first payment as a deposit for their 2020 Season Tickets on their Initial Deposit Date (i.e., at the time of contracting) and then shall make up to four (4) additional installment payments on the dates set forth on the chart immediately below this paragraph. Each payment will be at a 0% Annual Percentage Rate ("APR") and will be automatically deducted from the Account Holders' debit or credit card. Following the 2020 Season, pursuant to the auto-renewal provision below, a deposit will be made at the time of contracting and then four (4) installment payments at 0% APR will be automatically deducted from the Account Holder's debit or credit card.
The following chart shows when the Account Holder will be automatically charged for the 2020 Season based on Account Holder's Initial Deposit Date.
|Initial Deposit Date (i.e., date of contracting)||Deposit and Installment Charges|
|By November 30, 2019||A deposit will be due on the Initial Deposit Date and then 4 installment payments to be charged on: 12/15/19, 1/15/20, 2/15/20 and 3/15/20.|
|December 1, 2019 through December 31, 2019||A deposit will be due on the Initial Deposit Date and then 3 installment payments will be charged on: 1/15/20, 2/15/20 and 3/15/20.|
|January 1, 2020 through January 31, 2020||A deposit will be due on the Initial Deposit Date and then 2 installment payments will be charged on: 2/15/20 and 3/15/20.|
|February 1, 2020 through February 29, 2020||A deposit will be due on the Initial Deposit Date and then 1 installment payment will be charged on 3/15/20.|
|After March 1, 2020||Full payment to be charged on the Initial Deposit Date|
For each season following the 2020 Season, Account Holder will be automatically charged a deposit on or around 10/15 on the date of contract renewal and then four (4) installment payments on or around 12/15/, 1/15, 2/15 and 3/15 of the applicable years. Such payments shall apply to Season Tickets for the following season. Exact payment dates for each season following the 2020 season will be confirmed in the annual Notice of Automatic Renewal.
(b) Auto-Renewal. Account Holder agrees that if after the conclusion of the season, the Club offers Account Holder the opportunity to purchase season tickets for the subsequent season, this Agreement is subject to Auto-Renewal. If the Club offers Account Holder the opportunity to renew this Agreement for a subsequent season, the Club will provide the Account Holder with a written Notice of Automatic Renewal by electronic transmission at least thirty (30) days and not more than sixty (60) days prior to the cancellation deadline stated in the Notice of Automatic Renewal. The Notice of Automatic Renewal also will identify the seat(s) offered to Account Holder for the subsequent season and state the amount due for renewal, which may be higher than the rate for the previous season. If Account Holder does not wish to renew its/his/her Agreement, Account Holder must provide the Club with written notice by returning the Notice of Automatic Renewal pursuant to the instruction provided in the Notice, with the "I do not wish to renew" option selected on or before the cancellation deadline. Account Holder also may cancel its/his/her automatic renewal by completing The Phillies Season Ticket Holder Opt-Out form located at phillies.com/optout or by contacting The Phillies Sales Office at 215.463.5000.
17. This Agreement shall be governed by the internal laws of the Commonwealth of Pennsylvania (except that the following arbitration clause shall be governed by the Federal Arbitration Act) and any dispute, claim or cause of action arising out of or in any way related to this Agreement shall be settled by confidential, mandatory, final and binding arbitration before a single Arbitrator held in Philadelphia, Pennsylvania and administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Consumer Arbitration Rules if applicable). Any and all claims made or asserted by Account Holder shall be arbitrated on an individual basis only and shall not be arbitrated as a representative member of a putative class or in a private Attorney General capacity or consolidated or joined with or in any arbitration or other proceeding involving a claim of any other Account Holder or third party. THE PARTIES HEREBY WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL.
18. The Club may terminate this Agreement and the Account at any time upon providing written notice to the Account Holder at the physical or email address last provided by the Account Holder. Unless such termination is the result of a material breach of this Agreement by Account Holder, in which case Account Holder shall not be entitled to any refund, future credit or damages of any kind, the Club shall refund the pro rata portion of the license fee for the Account Tickets for the games then remaining in the 2020 regular season to Account Holder within a reasonable time.
19. By tendering a payment to the Club, creating the Account, accepting Account Tickets or redeeming any Account Tickets for admission to any game, Account Holder expressly agrees to be bound by this Agreement.o