(DATED: FEBRUARY 15, 2021)
RECURRING PAYMENT & AUTO-RENEW TERMS & CONDITIONS
I, _, the account holder of record, represent that I am 18 years of age or older and understand that by signing this binding agreement (“Agreement”), or, if I renew online, by e-signing or clicking “AGREE,” I am agreeing to the terms set forth herein and giving my authorization to Detroit Tigers, Inc. (“DTI”) and its designees to charge my credit/debit card (or withdraw from my bank account via Electronic Funds Transfer, if so selected by me) for my annual membership dues at the then-published rates(“Membership Dues”) for my DTI membership ( “Membership”). Membership provides me with, among other benefits, tickets, each of which constitutes a revocable license, to attend DTI home games played at Comerica Park (the “Park”) and certain Member events scheduled by DTI from time-to-time, and I agree to the terms and condition set forth herein. I understand that subsequent charges will be made to my authorized card/account in association with my chosen payment plan until my Membership Dues are paid in full. I ACKNOWLEDGE AND AGREE THAT MY MEMBERSHIP WILL AUTOMATICALLY RENEW for an additional one (1) year period on or about September 10th of each successive year and that, for future years during which my Membership remains in effect, I hereby authorize DTI to charge my Membership Dues at the then-published rates to my credit/debit card (or withdraw from my bank account via Electronic Funds Transfer, if so selected by me) in accordance with my selected payment plan on the payment dates determined by DTI each Membership Year (as defined below), unless either I or DTI provides written notice to the other of cancellation in accordance with these terms and conditions, for any reason or no reason, prior to the start of the new “Membership Year,” which begins on September 10th and ends on September 9th of each calendar year.
This Agreement and my chosen payment plan are subject to the terms of the Truth in Lending Act (TILA). I hereby acknowledge my awareness that (i) I am not being assessed a finance charge for participating in the payment plan; (ii) the Membership Dues are not subject to any assessed interest; (iii) I am not subject to any pre-payment penalty for paying the Membership Dues in advance of the designated payment plan dates; and (iv) Late payments are subject to the Terms. I hereby further acknowledge that I have been provided with all necessary information relating to the purchase of the Membership and my participation in any payment plan, and that DTI has my express authorization to process payment of the Membership Dues and the payment plan as outlined above. Should I have any questions regarding my rights under TILA as it relates to this transaction, I have been advised that I may contact DTI’s Legal Department.
I understand that my Membership may be cancelled by me at any time for any reason, provided I submit thirty (30) days written notice by either: (a) U.S. mail, certified return receipt requested, to 2100 Woodward Avenue, Detroit, MI 48201, ATTN: Ticket Sales Dept (b) in-person to an authorized DTI representative at 2100 Woodward Avenue, Detroit, MI 48201, or (c) by completing and submitting a cancellation form that can be requested over the phone by calling 313-471-BALL in accordance with the submission instructions set forth on such cancellation form. Upon DTI’s receipt of my cancellation notice, I will no longer be obligated for any future payments, but shall not be entitled to any refund for Membership Dues payments made prior to the cancellation other than as expressly set forth below. In addition, if I cancel my Membership, DTI shall have the unconditional right to sell any then-available unsold Tickets included with my Membership. DTI reserves the right to remove any unpaid tickets from secondary market sites. Any remaining funds on my account, after cancellation by me, may be either (x) applied toward the purchase of tickets to mutually agreed upon event(s) by DTI or any affiliate, subject to availability, or (y) retained by DTI for its own account, in each case, as determined by DTI. For all Membership Dues payments, the foregoing payment authorization shall remain in effect for so long as my Membership remains in effect. I hereby warrant that I have the authority to authorize charges to the listed account for the purpose of paying my DTI annual Membership dues. I understand and agree that DTI is not liable in any way for erroneous billing statements or incorrect charges and that, should such an error occur in billing, DTI’s only responsibility is to correct it when and if DTI receives written notice of the error. There will be no refunds of any kind for these charges. I understand that DTI reserves the right, upon written notification, to revoke my Membership at any time without cause, in which case my exclusive remedy shall be a refund of any Membership Dues paid for which no corresponding Membership benefits have been provided, which determination shall be made by DTI in its sole discretion. For the avoidance of doubt, funds shall be deemed refunded once remitted via mail to my last known address on file with DTI. I understand that I will not be entitled to any refund in any circumstance if DTI revokes my Membership for cause, which shall include, without limitation: (i) failure to make timely payment of Membership Dues or any other breach of this Agreement , (ii) violation of DTI, Major League Baseball (“MLB”), or Park policies, as amended from time-to-time, including, without limitation, unruly or inappropriate behavior by me or any person that utilizes my tickets, as determined by DTI; or (iii) any violation of DTI Member Terms and Conditions. I understand that DTI reserves the right to unilaterally modify my payment plan option upon written notice (to include electronic communications), DTI makes no guarantee as to the number of games to be played at the Park each year, and that a reduction in the number of games played at the Park in a given year shall not entitle me to a refund or reduction in the amount of my Membership Dues. DTI reserves the right to restrict entry to DTI games or DTI Member events and/or revoke membership privileges if scheduled payments are not timely paid and/or if any authorized charge is refused or revoked by my credit card company or banking institution for any reason. I agree that if any credit card/debit or checking account number(s) listed on this form changes, I will promptly notify DTI and this authorization will remain in effect for the new account number(s), and that failure to do so may constitute a default which could lead to the revocation or cancellation of my account for cause. Under all payment plans, all payments are due on the dates specified regardless of game cancellations or rescheduling – refunds or exchanges in such events, if any, shall be determined by DTI in their sole discretion. Failure to continue scheduled payments, whether in the event of cancelled or rescheduled games or otherwise, may subject my Membership to cancellation and the forfeiture of any amounts previously paid, without limiting DTI’s other rights and remedies. DTI reserves the right to charge a processing fee in the event a charge is refused for any reason.
OTHER TERMS & CONDITIONS
Rights Reserved. DTI reserves the right in their sole discretion to amend, update or modify policies and procedures relative to the DTI Membership program upon notice to the member/account holder of record.
Account Ownership. Membership accounts and/or account numbers are not transferable from one person or entity to another. The owner name under which a Membership has been purchased may not be changed, with certain limited exceptions. I understand that I can contact my Membership Services representative for more details.
Membership is a Revocable License. Memberships include tickets, which like all tickets sold for DTI events, are owned by DTI. I understand that my Membership (and each included ticket) is a revocable license issued by DTI to the individual or corporate entity name that appears on the account of record. Breach of any of the terms of this Agreement or the DTI Membership Terms and Conditions shall entitle DTI to all available legal remedies.
All Sales are Final. No Refunds or Exchanges. Payments must be timely made on or before the agreed upon payment plan dates. Delivery of tickets shall be made prior to each applicable game, and only upon receipt of full payment of annual Membership dues or for accounts that are current on all payments. If I am on a payment plan and I fail to make any timely required payments, DTI reserves the right to either (a) withhold my tickets for upcoming events until payment is made and the account is in good standing or (b) terminate my Membership in accordance with the terms and conditions of this Agreement.
Playoff Games. Playoff game tickets are at an additional cost above and beyond my annual Membership dues. Members shall have the opportunity to purchase the seats associated with their Membership for DTI home playoff games. Except as expressly set forth herein, terms and conditions governing Members’ rights to purchase of playoff tickets shall be determined by DTI in their sole discretion prior to the end of the regular season and may be amended from time-to-time.
Restrictions: I agree not to transmit, distribute, or sell (or aid in transmitting, distributing or selling), in any media any description, account, picture, video, audio or other form of reproduction of any DTI game or any surrounding activities for which my ticket is issued. My ticket(s) may not be used for any form of commercial or trade purposes, including, but not limited to, the sale of all or substantially all of my season tickets for non-personal, business use, and any advertising, promotions, contests or sweepstakes, without the express written consent of DTI.
Use of Image. I (and the user(s) of my tickets for any particular game or event) grant permission to DTI and the MLB (and its designees and agents) to utilize my image, likeness, actions and statements in any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of or at the game in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
COVID-19 AND OTHER INFECTIOUS AND/OR COMMUNICABLE DISEASES,VIRUSES, BACTERIA OR ILLNESSES
For purposes of below, “Ballpark” is the defined term for Comerica Park and surrounding areas, including parking lots; “Club” is the defined term for Detroit Tigers, Inc.; “Event” is the defined term for the game or event governed by these terms; “Holder” is the defined term for the ticket holder, on their own behalf and on behalf of any accompanying minor; “Accompanying Party” is the defined term for any accompanying party for whom Holder retains a ticket to attend the Event with Holder (each of whom Holder represents have authorized Holder to act on their behalf in accepting the applicable ticket terms); “Related Persons” is the defined term for Holder’s and any Accompanying Party’s personal representatives, assigns, heirs, next of kin and any other person or entity that may be entitled to make a claim on Holder’s or any Accompanying Party’s behalf; and “Released Parties” is the defined term for the Club and the other Major League Baseball Clubs (“Clubs”), MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), Major League Baseball Properties, Inc., The MLB Network, LLC, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. HOLDER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF THE CLUB AND THE BALLPARK OWNER/OPERATOR.
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and agrees to comply with (1) all relevant policies and protocols issued by the Club and/or the Ballpark owner/operator, including, without limitation, any policies and protocols regarding security, bags, fan conduct and health and safety, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this ticket and the Event date, and (2) all current guidance of the Centers for Disease Control and Prevention and all applicable laws and policies of federal, state, city and local authorities.
FAN HEALTH PROMISE
Holder acknowledges and understands that, if infected with COVID-19 or other Communicable Disease (as defined at the conclusion of this paragraph), Holder and/or any Accompanying Parties may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of exposure to others remains at all times. Accordingly, Holder agrees that neither Holder nor any Accompanying Party will attend the Event if within fourteen (14) days preceding the Event, they have:
(1) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
(2) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
(3) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected with COVID-19 or other Communicable Disease.
A "Communicable Disease" as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof.
RESALE TERMS AND POD INTEGRITY
Holder, on their behalf and on behalf of any Accompanying Parties, agrees to comply with all terms and conditions presented at the time of purchase not specifically enumerated herein, including without limitation (1) terms that mandate or prescribe the quantity of tickets available to be purchased, (2) additional requirements regarding Accompanying Parties, and (3) terms regarding the resale or transfer of tickets.
ASSUMPTION OF RISK RELATED TO COVID-19 AND OTHER COMMUNICABLE DISEASES
Holder, on their behalf and on behalf of any Accompanying Parties, acknowledges and expressly assumes all risks that are in any way related to or arising from being exposed to or contracting COVID-19 or other Communicable Disease in the Ballpark. By using this ticket, Holder is acknowledging and confirming, both now and in the future, that Holder understands and expressly assumes the risk that Holder and any Accompanying Party may be exposed to COVID-19 or other Communicable Disease. Holder expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. Holder further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Holder or any Accompanying Party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in Holder’s decision to use this ticket that cannot be eliminated.
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
HOLDER, ON BEHALF OF HOLDER, ANY ACCOMPANYING PARTY AND THEIR RELATED PERSONS, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE BALLPARK OR (C) PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE BALLPARK, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMMUNICABLE DISEASE BY HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO HOLDER OR ANY ACCOMPANYING PARTY.
HOLDER FURTHER ACKNOWLEDGES AND AGREES THAT HOLDER IS FAMILIAR WITH AND DOES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of these terms shall not be affected thereby and shall remain valid and fully enforceable.