PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the “Holder”), agrees to all of its terms. The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by the Dallas Mavericks and/or its affiliates (the “Team”), the National Basketball Association and/or its affiliates (the “NBA”), and any operator of the arena or related arena grounds (including, without limitation, parking areas and entry gates) (the “Arena”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Supplemental Terms”). [SUPPLEMENTAL TERMS INCLUDE THE [[ANY] HEALTH AND SAFETY REQUIREMENTS AND OTHER] TERMS SET FORTH AT THE FOLLOWING URL: https://www.mavs.com/ticketterms. By purchase, acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them. The Holder also acknowledges that such terms may be updated at any time, and by purchase, acceptance and/or use of this ticket, the Holder additionally agrees to all such updated terms. The Holder must also comply with all federal, local, and state laws, rules and regulations.
ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) if admission is refused or revoked, or the Event is cancelled and not RESCHEDULED, is a refund of up to the ticket’s face value set by the Team (the “Face Value”). IN NO EVENT SHALL THE TEAM, NBA, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.
The Event date and time (and gate opening) are subject to change at the Team’s sole discretion, and no such change shall entitle the Holder to a refund or other remedy if the Holder cannot attend or for any other reason. The Holder may be relocated in the Team’s sole discretion, and no such relocation shall entitle the Holder to a refund or other remedy if the Holder is relocated to a seat or location of comparable Face Value.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS PARAGRAPH AS SET FORTH BELOW. THIS IS A SUMMARY OF MANDATORY TERMS. For full terms related to dispute resolution, please visit https://www.nba.com/termsofuse and review sections 17, 18 and 19 therein, which terms you agree will apply, except as provided herein. Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the Team, NBA, or Arena, a written notice (a “Dispute Notice”) must be sent with the following information: (i) name, contact information (address, telephone number, and email address), and account information if applicable; (ii) a description of the nature and basis of the dispute; and (iii) a description of the nature and basis of the relief sought, including a calculation for it. If the Holder has a dispute, they shall send the Dispute Notice to tickets@dallasmavs.com. The Holder and the Team, NBA, and/or Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by binding arbitration. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. The NAM Rules shall govern the payment of all arbitration fees. Notwithstanding the foregoing, the Team will consider a request to reimburse your portion of the arbitration fees upon a showing of hardship in its sole discretion and assuming you do not qualify for a waiver from NAM. All issues are for the arbitrator to decide except the following items (which are for a court of competent jurisdiction to decide): (i) issues that are specifically reserved for a court; (ii) issues related to the scope and enforceability of the arbitration provisions; and (iii) whether a dispute can or must be brought in arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOLDER, ARENA, TEAM AND NBA AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOLDER, ARENA, TEAM AND NBA WAIVE THE RIGHT TO A JURY TRIAL. There are also additional procedures for “mass filings,” as set forth in the NAM Rules. In addition, these terms and any disputes between you and the Arena, Team, and/or NBA will be governed by the laws of the State of New York without regard to its principles of conflicts of laws. To the fullest extent permitted by law, the state and federal courts of Dallas, Texas shall have exclusive jurisdiction over any disputes between you and the Arena, Team, and/or NBA (except for disputes brought in small claims court) that are not subject to arbitration. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA. You have the right to opt out of arbitration under these Terms by sending the Team a personally signed, written notice of your decision to opt out via email to tickets@dallasmavs.com within the earlier of the Event date or thirty (30) days after purchase of your ticket. Such an opt out will not opt you out of an arbitration agreement you might otherwise have with the Arena, Team, and/or NBA.
The Holder agrees not to create, transmit, distribute, misappropriate or sell (or aid in creating, transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, photograph, image, video, audio, livestream or other form of exploitation or reproduction of the Event (collectively, “Event Works”). Notwithstanding the foregoing, the Holder agrees that by causing this ticket to be scanned upon entry, the Holder shall be deemed to have signed the ticket and granted to the Team and NBA an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Event Works. This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Team and NBA.
This ticket and the Holder’s admission to the Arena are subject to all safety and health requirements and policies relating to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”) put in place by the Team, NBA, and Arena, including any such policies and requirements described in the Supplemental Terms (collectively, the “Safety Requirements”). The Holder acknowledges and agrees to comply with the Safety Requirements and acknowledges and agrees that attendance at the Event is conditioned on such compliance.
The Holder agrees, on behalf of the Holder and Holder’s Related Persons (defined below), that the Holder and each such other individual will not attend the Event if any such individual has been directed by a healthcare provider or public health authority to quarantine, isolate, or otherwise refrain from interacting with members of the public due to a diagnosis of or exposure to COVID-19 or any illness or other medical condition.
To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other NBA, Team and Arena rules, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team or the NBA. Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement may be voided by the Team and this ticket cancelled.
Breach of any of these terms, failure to comply with Safety Requirements or NBA, Team and/or Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize the Team and/or the NBA to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund or credit in each case, and subject the Holder to all legal remedies available to the NBA, Team and/or Arena.
The Holder expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the Safety Requirements described ABOVE) can eliminate the risk of exposure to COVID-19. COVID-19 is an extremely contagious disease that can lead to severe illness and death. While people of all ages and health conditions have been adversely affected by COVID-19, certain CATEGORIES OF people have been identified by public health authorities as having greater risk based on age and underlying medical conditions. THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.
On behalf of the Holder and the Holder’s Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
- “Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder or for whom Holder has obtained an Event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.
- “Released Parties” means: (i) the National Basketball Association and its member teams (including the Team), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third parties performing services at the Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.
The Holder and the Holder’s belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the NBA, Team and/or Arena, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the NBA, Team or Arena. If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund or credit.
The Holder grants permission to the NBA and Team (and their respective designees and agents) to utilize the Holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. In addition, the Holder grants to the NBA and Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.
Except as specifically provided herein, if any provision of these terms or the Supplemental Terms is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
In the event of a conflict between Ticketmaster’s terms and these terms and conditions, these terms and conditions will apply.
ADDITIONAL TERMS AND CONDITIONS FOR CLUB MAVERICK TICKET HOLDERS
By purchasing a ticket or any ticketing plan, You agree to the following terms and conditions (hereinafter referred to as the “Agreement”): This Agreement shall apply to all ticket purchases and payment plans, including any other account with which You are associated. Team may amend this Agreement, from time to time without notice, and shall be binding on You. By joining, You are indicating that You understand the terms and conditions below.
- Definitions
- “Arena” shall mean American Airlines Center, located at 2500 Victory Avenue, Dallas Texas.
- “Event” shall mean a non-Game event held by Team or Team partner, (e.g., concerts and family shows).
- “Game” shall mean an NBA pre-season, regular and/or playoff home game played at the Arena.
- “Game Ticket” shall mean Your Game ticket(s) to a regular season game.
- “NBA” shall mean the National Basketball Association or any successor or affiliate entity.
- “Club Maverick Membership” shall mean a person or entity who has purchased a season ticket package (as defined by the Mavericks).
- “Membership Benefits” shall mean the option to (i) purchase play-off game tickets, (ii) purchase tickets to other certain Events, (iii) invitation to Mavs Relocation Event and (iv) any other benefits that may come with the Club Maverick Membership.
- “Team” shall mean Dallas Basketball Limited, holder of the Dallas Mavericks franchise, a professional NBA basketball team.
- “You” or “Your” shall mean the person or entity that is entering into this Agreement as the registered Game Ticket holder, and, with respect to sections 2, 4, 5, 6, and 8 – 20, any other person or entity associated with Your account (including but not limited to a business entity, or other organization; a family or household unit; a set of accounts that are in any way, directly or indirectly, related to or associated with a specific individual, entity, or organization; or any other group of individuals, entities, or organizations that the Team has determined, in its sole discretion, is in any way affiliated with each other or under common ownership, control or direction). If a Game Ticket is registered in the name of a legal business entity, a contact person must be identified, and the Team shall have the right to rely on the actions of such contact on the entity’s behalf. Only the first listed name on any account shall be recognized as the Club Maverick Membership holder. Team’s acceptance of payment for a Game Ticket or Membership Benefits from any person or entity other than You, does not grant any Game Tickets or Membership Benefits, any account access or any future account or credit rights, nor constitute an assignment or transfer thereof, to such person or entity. Any intentional misrepresentation of You in connection with your purchase of a Game Ticket will be deemed a breach of this Agreement.
- Revocable License. Each ticket represents a separate, limited and revocable license that only permits the holder, the right to attend the Game identified on such ticket. No property rights and no renewal (except the 12-Month Auto-Renewal Plan), or expectancy rights are conveyed under this Agreement, any ticket, or any other item the Team may deliver to You. This Agreement and/or Your Game Tickets, or Membership Benefits are revocable at any time by the Team, in its sole and absolute discretion. Upon any revocation of a Game Ticket , in whole or in part, the Team may, in its sole discretion, but shall not be limited to: (i) cancel, inactivate and revoke any or all remaining Game Tickets (and deny the holder admission to the Arena for such Games); and (ii) revoke any or all Membership Benefits. Upon revocation of a Game Ticket with cause, the Team shall have the right to retain any payments made subject to Section 13. Upon a revocation of a Game Ticket without cause, the Team shall refund You any prepaid payments made subject to Section 13. If the Team revokes any Game Tickets, with cause, but does not revoke Your Club Maverick Membership, no refund will be paid to You.
- Payments. In consideration for a Game Ticket and Membership Benefits, You shall timely pay to Team the required fee via Account Manager provided by Ticketmaster (“Fee”). All payments by You in connection with Your Game Tickets shall be made without offset, deduction or counterclaim. You agree and acknowledge that any deposit or other consideration that the Team receives from You in connection with Your Game Tickets and/or Membership Benefits shall be non-refundable, and not used towards an exchange except where allowed herein.
- No Assignment.Except as stated in Section 5, You shall not assign, sell, sublicense or otherwise transfer any of Your rights and obligations hereunder. Game or Event tickets may not be used for advertising or promotion (including contests or sweepstakes) or other trade purposes without Team’s prior written consent.
- Tickets may be resold through Mavs.com Ticket Resale Program, NBATickets.com Resale Marketplace or TicketMaster.com via Account Manager. Any sale, assignment or transfer of tickets must comply with this Agreement, applicable law and relevant policies. Sale or resale of any game tickets by unauthorized means is prohibited. Team reserves the right to cancel or revoke tickets without refund that are resold by unauthorized means. If You repeatedly sell Your tickets, Your Game Tickets may be subject to cancellation at Team’s sole discretion. If You transfer Your mobile tickets by sending screen grabs of tickets, Your Membership is subject to cancellation. You represent and warrant that Your intent to purchase a Game Ticket is for Your personal amusement and not for any commercial purpose. You agree not to circumvent, avoid, bypass or obviate, directly or indirectly the intent of this Agreement.
- Cancellation/Renewal.Your opportunity to purchase or renew any Game Tickets, is a privilege granted by Team and may be withdrawn by Team at any time in Team’s sole discretion. Team may cancel Your Game Ticket at any time for any or no reason whatsoever, including Your failure to remit payment in accordance with this Agreement and in such event, where applicable, the Team may at its sole discretion immediately cancel and inactivate Your Club Maverick Membership and/or Membership Benefits, with no further obligations owed to You. In such case, You agree to immediately return all Game tickets to Team (if any ticket has been issued) upon Team’s request. If You are on the 12-Month Auto-Renewal Plan, in February of the applicable year, You will receive a statement indicating the price of Your Game Tickets for the upcoming season. You must notify Team in writing on or before March 15 of the applicable year that You wish to opt-out of Your Game Tickets for the subsequent season. Absent such written notification, Your credit card will be charged a non-refundable amount on March 15 for the upcoming season accordingly. NO REFUNDS OR CANCELLATIONS ARE ALLOWED ONCE A PAYMENT IS MADE FOR A RESPECTIVE SEASON, EXCEPT WHERE EXPLICTLY PROVIDED HEREIN.
- Monthly Auto-Renewal. This plan is a convenient way for You to spread out Your Club Maverick Membership payments. This option is specific to Club Maverick members and does not change Your rights to Game Tickets or Membership Benefits. In order to participate a valid credit card or bank routing number must be on file for each respective account. The first monthly installment payment is due upon sign up, or March 15th, whichever comes first. Once the Team has received Your first monthly installment payment You are committed to the 2024-25 Season and Your Club Maverick Membership will automatically renew each subsequent season, at the Club Maverick Membership Pricing. The subsequent eleven (11) monthly installment payments will be processed each month starting April 2024, on either the 15th or the first business date thereafter. Each payment is approximately equal to 1/12th of Your overall payment. Play-off tickets will not automatically be purchased and added to your account. When available You must separately purchase playoff tickets for each respective season consistent with the then current standard play-off ticket policies. Accounts thirty (30) days delinquent will have access to transfer and re-sell tickets blocked; and tickets will be denied admittance at Arena. Team reserves the right to demand that the account be paid in full prior to reinstating the use of tickets. Accounts forty-five (45) days delinquent will be terminated. NO REFUNDS OR CANCELLATIONS ONCE PAYMENT IS MADE. Any Game missed because of a delinquent account is at Your sole expense. If You are delinquent on multiple payments, Team reserves the right to remove You from the Monthly Auto-Renewal Plan.
- Improper Conduct. You shall, and shall cause all Your guest using Game tickets or other Membership Benefits to observe and comply with this Agreement and all other rules, regulations, policies and procedures, which may be adopted by Team, Arena, or NBA from time to time including without limitation: (i) all policies with respect to the cancellation, postponement or rescheduling of a Game and/or Event; (ii) all announcements issued over Arena public address system; and (iii) the NBA Fan Code of conduct and all other NBA rules related to fan conduct or otherwise; and (iv) all applicable federal, state and local laws, rules, regulations, decrees and orders from government agencies. You are held responsible for all acts of Your guests. Team and Arena reserve the right, in their sole discretion, to refuse admission or eject any person whose conduct is deemed inappropriate, disorderly, or otherwise in violation of any rules, regulations policies or laws referenced above. No failure by Team to exercise any right or remedy in connection with a breach by any person or entity of any provision hereunder, including this Section 8, shall operate as a waiver of such right or remedy with respect to a breach by any other person or entity, including You, of any provision herein and specifically this Section 8. Team, Arena, and the NBA reserve the right to modify from time to time any of its respective policies and procedures, including but not limited to, those relating to the licensing of season tickets.
- Consent/Use of Image. In consideration of the benefits of a Game Ticket You hereby grant to the Team and the NBA and their designees and agents the absolute right and permission to utilize Your image, likeness, voice, actions and statements (“Materials”) in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproductions made in connection with an Event in any medium, whether now known or hereinafter created, for any purpose, including commercials or promotional purposes, without further authorization or compensation. You hereby waive and release any and all claims You may have against the Team, and/or the NBA with respect to the Materials.
- Consent/Use of Personal Information. You consent that Team is permitted to collect, hold, store, process, modify, transfer, or delete certain personal (and sensitive) data in any medium about You for marketing purposes and Team may disclose such information to its third-party partners for such purposes.
- Game-data. All game attendees are reminded that the unauthorized collection or distribution of game data, including statistics or play-by-play information for any commercial purpose is strictly prohibited. Violators are subject to ejection, in addition to all penalties and remedies provided by law, and in this Agreement.
- Non-Occurrence. Team’s issuance of tickets shall not operate as or constitute any warranty, representation, covenant, or guarantee by Team that any number of Games or Events shall occur at the Arena. You acknowledge and agree that Team and/or the NBA may cancel, postpone, reschedule, or relocate Games for any reason (e.g., move a Game from Arena to an alternative venue or force majeure event) as determined in its/their sole discretion, as well as to modify, or discontinue any aspect of the rules, operations and presentations of Games and Events. In the event any Game for which tickets have been purchased under this Agreement is not played or presented in the Arena for any reason (“Lost Game”), including, without, limitation, an event of Force Majeure, a work stoppage or labor dispute by and among the NBA and/or their respective players or any other cause, such event shall in no way be deemed, argued or construed to be a breach by Team of this Agreement or any other terms, conditions, agreement or other duties or obligations in connection with the sale and use of tickets and You hereby waive and release any and all claims You may have against Team, and/or the NBA and their designees and agents with respect to such Lost Game. For purposes of this Agreement, an Event of Force Majeure shall include fire, earthquake, pandemic, epidemic, explosion, casualty, war riot, civil disturbance, act of public enemy, embargo, act of God, strikes or lockouts that are not work stoppages, market shortages of labor or materials, accidents, or any other event or circumstance beyond the reasonable control of Team, NBA or Arena. Except as otherwise specifically provided herein, You will not be entitled to any reductions, credit, or refund resulting from a Lost Game regardless of the cause.
- Default/Termination. Upon a breach of this Agreement, and in addition to any other remedies, Team at its sole option may, do any one or more of the following: (i), immediately cancel, revoke and inactivate all or a portion of Your Game Tickets (including restriction of entry into the Arena), (ii) apply any amounts previously paid (regardless of how such amounts are attributed) towards any Damages (as defined in this Section 13) with no obligation to return or refund such amounts, (iii) revoke any rights You may have been granted in connection with purchasing tickets to play-off games, (iv) suspend all or any portion of Your rights hereunder and (v) terminate this Agreement in part or in whole for cause, in each case Team shall have no liabilities or obligations of any kind, provided that Team shall refund to You any amount previously paid by You in excess of the damages caused by all defaults of You or Your guests, licensees or affiliates, including without limitation costs of collection of any amounts due, allowable costs of attorney fees and other costs and expenses incurred in connection with enforcement of remedies for such default (collectively, “Damages”).
- Limitation of Liability. The AGGREGATE liability of the team, its designees, agents and owners, for damages of any kind arising out of the purchase, possession or use of a GAME ticket, including breach of contract, is limited to a refund of the purchase price of the unused tickets. This remedy is exclusive. In no event shall the team or its designees, agents, and owners be liable for any indirect punitive, special, incidental or consequential damages.
- Waiver of Liability for Personal Injury. The holder of any ticket issued by team voluntarily assumes all risks and danger of loss or damage to property, personal injury (including death) and all other hazards arising from or related in any way to the event OR GAME for which the ticket is issued, however so caused and whether by negligence or otherwise, whether occurring prior to, during or after a game or event.
- Taxes. If any taxes or fees are levied, assessed, imposed or payable on any payments made by You hereunder, You shall pay or reimburse Team for such taxes or fees within thirty (30) days after receiving Team’s statement thereof. For the purpose of this Section, taxes or fees payable or reimbursable by You shall include, without limitation, all federal, state, or local gross receipts or proceeds taxes, and all privilege, sales, rent, admission, seat, amusement, entertainment, ticket, or other taxes now known or hereafter levied, assessed or imposed upon any payments made by You hereunder, or which Team or any affiliate or successor thereof will be required to pay as a result of the receipt of the payments made by You hereunder, and shall include any penalties and interest due on any delinquent payments by You; provided, however, You shall not be obligated to pay any amount on account of any real estate, franchise, or net income tax paid or required to be paid by Team. Your obligations hereunder shall survive the expiration or termination of this Agreement.
- Change of Seat. Team reserves the right to change the location of Your seats, for any playoff game (if You are expressly granted the right to purchase play-off tickets), or in the event of a change of design or physical alteration to the Arena (a “Seat Modification”). Such seat changes shall not be deemed to be a breach of this Agreement. In the event of a Seat Modification, Team will make reasonable efforts to change the location of Your seats. In the event You request to change Your seat, and Team allows for such change, Your payments will be adjusted accordingly.
- Change of Address. As necessary and in any event no later than the end of each Team season, You shall provide Team with written notification of all changes of address and such notification shall include Your name, account number, daytime phone number and accompanied by Your signature.
- Miscellaneous. All rights and remedies of Team shall be cumulative. Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) shall be settled by confidential arbitration in Dallas, Texas and administered by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court in the State of Texas. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Team from seeking any injunctive relief in State or Federal courts. In the event a dispute goes to court You agree that this Agreement shall be interpreted according to the laws of the State of Texas without giving effect to its choice of law or conflicts of law provisions and that federal and state courts in the State of Texas shall have personal jurisdiction over the parties hereto, and that venue and forum shall be proper in such courts. All terms and conditions are independent of each other. If any terms and conditions are incapable or unenforceable, the balance of the terms and conditions shall remain unaffected and in full force and effect. All parties agree that the Club Maverick/Renewal Application may be executed electronically. You agree to keep the terms and conditions of this Agreement confidential. This Agreement constitutes the entire agreement between You and Team and supersedes all prior agreements, understandings and representations relating to the subject matter hereof.