SAN JOSE BARRACUDA TICKET PACKAGE AGREEMENT
BY SUBMITTING AN ORDER AND TENDERING PAYMENT TO THE SAN JOSE BARRACUDA AND/OR ACCEPTING ANY TICKET PROVIDED BY THE SAN JOSE BARRACUDA ACCORDING TO THE ORDER OR ACCOUNT ESTABLISHED BY ACCOUNT HOLDER, ACCOUNT HOLDER SIGNIFIES ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Agreement (“Agreement”) is made by and between the purchaser of San Jose Barracuda season tickets and/or multi-game ticket package (“Account Holder”) and SHARKS MINOR HOLDINGS, LLC, a Delaware limited liability company, d/b/a SAN JOSE BARRACUDA (“SMH”) (collectively, “Parties”). In consideration of the following promises and mutual covenants, the receipt and adequacy of which are acknowledged, the Parties agree as follows:
This is a one-season Agreement and will expire at the conclusion of the season for which Tickets are granted, unless terminated earlier in accordance with this Agreement. Neither party has the right or obligation to renew this Agreement.
Subject to the terms and conditions of this Agreement, SMH 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 SMH 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.
- Ticket Statement. After submitting an order or establishing a ticket account with SMH, Account Holder will receive an invoice or written confirmation from SMH 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 SMH by Account Holder (“Statement”).
- 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 SMH 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 SMH in writing through SMH 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 American Hockey League (“AHL”) which result in the Calder Cup Championship (“AHL Playoffs”), non-game events, AHL All Star events, National Hockey League (“NHL”) games or events, or any non-Venue games or events. Account Holder will have a right of first refusal to purchase tickets for any AHL Playoff games in which SMH compete, if any, that take place at the Venue during the term of this Agreement, in the same seat locations of Tickets granted to you for the corresponding AHL regular season. SMH 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 AHL, as determined by the AHL on an on-going basis, including any Collective Bargaining Agreement between the AHL and/or its members and other parties; all agreements, consent decrees and settlements of the AHL, AHL members and/or other persons in furtherance of AHL business; and any national network agreements, corporate marketing, licensing, sponsorship or similar agreements between the AHL and third parties; as presently exist and as are hereafter enacted, made or enforced.
- Transfer and Resale. SMH may provide an electronic ticket resale or transfer system for use by Account Holder. Use of such system is subject to this Agreement and all terms and conditions related to the system. SMH may at any time and in its 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 SMH suspects or determines 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 SMH, the Account and Tickets may not be used for advertising, promotions (incl. contests and sweepstakes), or other trade or commercial purposes.
Limitations And Conditions To Use
- 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”). SMH 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. SMH AND VENUE ARE NOT RESPONSIBLE FOR LOSS OF PERSONAL PROPERTY BROUGHT INTO THE VENUE.
- Parking Passes. SMH 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.
- Searches. Account Holder consents to searches by SMH, the Venue, or their designated agents of all persons, bags, clothing and other articles prior to entry into the Venue. SMH reserves the right to require removal of items SMH deems, in its sole discretion, to be potentially dangerous, inflammatory or inappropriate.
- Recording and Broadcast Rights. The AHL, SMH and their respective broadcast partners are the sole holders of all rights in and to all television, radio, internet or any other broadcast of San Jose Barracuda games. Account Holder will not use any broadcast or make any video or audio recording of any San Jose Barracuda game.
- 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, SMH or the Venue may exchange the Ticket(s) for alternate seat locations determined solely by SMH or the Venue, subject to availability.
- Lost Tickets. SMH is not responsible for lost, stolen, misplaced or forgotten tickets. At the sole discretion of SMH, Tickets may be replaced for an additional cost. If SMH replaces a Ticket, such replacement will be honored over the original, and the original Ticket will be null and void.
- Governing Body Preemption. Account Holder understands that the Account includes Tickets only for Games presented by SMH and played at the Venue during the AHL preseason and regular season. Account Holder understands that SMH must comply with certain agreements and mandates made by the AHL, and the AHL 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 AHL-related games and events; and/or relocate any ticket seat locations, including season ticketholder seat locations, during the AHL Playoffs and other AHL-controlled games (“AHL Preemption”). Tickets granted under this Agreement will not include tickets for any away games, any home games not taking place at the Venue, including, without limitation, a presentation of the AHL All Star events, or any other games that are controlled and presented specifically by the AHL, including the AHL Playoffs.
- No Representation or Warranty. The number of Games occurring in any season is not guaranteed. SMH does not make any representation, warranty, covenant or guarantee regarding the number of Games to be held during the Season(s) covered by this Agreement or that any particular game or event will take place at the Venue. If any Game included in the official schedule, as published by the AHL prior to each season, is cancelled and not rescheduled, Purchaser’s sole remedy will be a pro rata account credit or refund for Tickets to such cancelled game, as provided in Section 7 below.
- 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, SMH, Venue, and City of San Jose are not liable or responsible for any loss, damage or injury to person or property in or around the Venue or in connection with any Game or SMH event resulting from any cause.
Cost and Payments
- Ticket Cost. Account Holder will pay to SMH the amounts indicated in the Statement in accordance with the payment provisions of the Statement.
- Deposit. SMH may require Account Holder to submit a non-refundable deposit to establish the Account and/or reserve the Tickets, as determined in SMH’s sole discretion.
- Late Payment. SMH 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.
Costs And Payment
- 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, SMH 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 SMH 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 SMH or otherwise limit the rights and remedies available to SMH. SMH’s 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 SMH at law or in equity. If Account Holder terminates this Agreement due to a material breach by SMH, Account Holder’s sole remedy will be a credit or refund of the amount already paid to SMH by Account Holder, excluding any amount allocable to Tickets, parking passes or other benefits already received and/or used by Account Holder.
- Nonoccurrence or Relocation. Unless specifically provided herein, there will be NO CREDITS OR REFUNDS PROVIDED FOR TICKETS ONCE PURCHASED. Games may be delayed or postponed for any reason. If a Game is delayed, postponed, relocated or rescheduled, 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 any Game is cancelled and not subsequently rescheduled or relocated or is relocated and not played in the Venue for any reason, including AHL Preemption (a “Cancelled Game”), SMH will in no way be deemed, argued or construed to be a breach of any terms, conditions, agreement or other duties or obligations in connection with the sale and use of the Tickets In the event of a Cancelled Game, Account Holder will not be charged for any such Ticket(s), or, if SMH has 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, pursuant to Section 7 below. FOR AVOIDANCE OF DOUBT, GAMES FOR WHICH ACCOUNT HOLDER IS ENTITLED TO TICKETS UNDER THIS AGREEMENT DO NOT INCLUDE ANY NHL GAMES OR EVENTS, ANY AWAY GAMES, ANY HOME GAMES NOT SCHEDULED TO TAKE PLACE AT THE VENUE, INCLUDING, WITHOUT LIMITATION, ANY GAMES OR EVENTS THAT ARE CONTROLLED AND PRESENTED SPECIFICALLY BY THE AHL, INCLUDING, WITHOUT LIMITATION, THE AHL PLAYOFFS, AHL ALL STAR OR OTHER AHL EVENTS. IN THE EVENT OF A CANCELLED GAME, ACCOUNT HOLDER’S SOLE REMEDY WILL BE A PRO RATA ACCOUNT CREDIT OR REFUND FOR ANY TICKETS TO SUCH CANCELLED OR RELOCATED GAME PURSUANT TO SECTION 7 BELOW.
Credits and Refunds
Any credits and/or refunds to which Account Holder is entitled to receive will be subject to the following terms and conditions:
- Account Holder must receive a refund or credit directly from the authorized ticket outlet (SMH, San Jose Sharks, or Ticketmaster).
- Anyone purchasing a Ticket from a source other than the authorized ticket outlets mentioned above must seek a refund directly through the party who provided the Ticket. Authorized ticket outlets will only refund the Account Holder.
- Ticket Holders should retain original purchased Ticket(s) and a credit card receipt, and /or receipt which verifies purchase from original authorized purchase outlet.
- 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).
- Any refunds 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.
- Account Holder hereby waives and releases any claims it may have against SMH and/or the AHL with respect to any such cancelled or relocated Games not played at the Venue.
- Relationship of the Parties. The Parties are independent contractors and nothing contained in this Agreement will be interpreted, construed or applied in practice, in any way, as creating or establishing a partnership, agency, joint venture or employment relationship among the Parties.
- Right to Manage. SMH reserves the right to manage, operate and control the Venue, the San Jose SMH hockey team and all other aspects of its business at all times.
- 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.
- Notices. Any written notices to Account Holder shall be mailed to the address on the Account. Any written notices to SMH should be made to [email protected], or mailed to: San Jose Barracuda Ticket Sales, SAP Center at San Jose, 525 W Santa Clara Street, San Jose, CA 95113.
- 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. SMH 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 SMH website from time to time. Account Holder is responsible for reading and complying with all information, revisions and amendments. SMH is 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.
- Subsequent Changes. SMH may change, amend or supplement the terms and conditions of this Agreement as it deems necessary on an on-going basis. SMH may add or delete any term to this Agreement. If required by law, SMH will give Account Holder advance written notice of the change(s) and a right to reject the change(s). We will not charge any fee or interest charge prohibited by law. Amendments, revisions and/or information about to the Account terms and this Agreement may be sent to Account Holder or posted on San Jose Barracuda website from time to time. Account Holder is responsible for reading and complying with all information, revisions and amendments. SMH is 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.
- Waiver and Assignment. 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. Except as expressly provided in this Agreement, Purchaser may not assign or transfer any of its rights and obligations under this Agreement without the express written consent of SMH which may be withheld for any or no reason. Any attempt by Purchaser to offer, sell, assign or transfer any right or obligation under this Agreement in violation hereof will be void, and SMH will have the right, but not the obligation, to terminate this Agreement and the Account at any time thereafter.
- Entire Understanding. THIS AGREEMENT IS THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH REGARD TO ITS TERMS. BY TENDERING PAYMENT TO SMH AND/OR ACCEPTING ANY TICKET PROVIDED UNDER THE ACCOUNT, ACCOUNT HOLDER SIGNIFIES THAT ACCOUNT HOLDER UNDERSTANDS AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.