LIGHTNING STM TERMS AND CONDITIONS

Transcription

1 LIGHTNING STM TERMS AND CONDITIONS The following terms and conditions are applicable to all Tampa Bay Lightning Season Ticket Members (STMs). For purposes of these Terms, STM is defined as any individual or corporate entity that agrees to purchase a (i) full-season package, a (ii) half-season package, and/or a (iii) 10-game pack. Tampa Bay Arena, L.P., acting as authorized agent of Lightning Hockey LP is referred to herein as the Tampa Bay Lightning. You, the STM, acknowledge and agree to the following: 1. All sales are final; No Refunds or Exchanges: STMs are not entitled to any refunds, exchanges, or cancellations on their STM account ( Account ), including, without limitation, in the case of inability of or failure by STM to use any or all of the tickets. Payments must be timely made on or before the agreed upon Payment Plan dates. Delivery of tickets shall be made by September 20 prior to the applicable hockey season, and only upon receipt by the Tampa Bay Lightning of full payment of all monies currently due in connection with the applicable STM Account. For STMs that are set-up on installment Payment Plans: in the event that such STM fails to timely make any required payments, the Tampa Bay Lightning reserve the right to either (a) withhold your tickets for upcoming games until such time as payment is made and the Account is in good standing, or (b) terminate your Account, with any payments made prior to the termination date forfeited by STM. 2. Revocable License: Each ticket featured as part of a STM package is a revocable license issued by the Tampa Bay Lightning to the individual or the corporate entity listed on the STM Account of record. Breach of any of these Terms shall entitle the Tampa Bay Lightning to all legal remedies available to it, including, without limitation, revocation or cancellation of the applicable STM Account. The Tampa Bay Lightning reserve the right to refuse to sell tickets to any individual or to any entity for any lawful reason. 3. Bolt for Life Auto-Renewal Plan: I, the undersigned STM-of-record, subject to the terms outlined in this Section 3, hereby acknowledge that I will be included in the Bolt for Life auto-renewal STM plan (the Bolt for Life Plan ). In connection with the Bolt for Life Plan, I further acknowledge the following: I will have a choice between a 12-month payment plan, a 6-month payment plan, or a pay-in-full payment option (each, a Payment Plan ). STM can, at any time and for any reason, terminate their Bolt for Life Plan and their STM Account by delivering written notice of such intent to terminate to the Tampa Bay Lightning via the following link: (the Termination Notice ). Upon receipt of the Termination Notice by the Tampa Bay Lightning, (i) STM will not be obligated to honor any unpaid/future Payment Plan payments, (ii) the Tampa Bay Lightning, effective as of the noted effective date of termination in the Termination Notice, will not be obligated to honor any future tickets (whether such unused tickets have been delivered to STM or not); and (iii) STM shall not be entitled to any refund for any Payment Plan installment payments made prior to the effective date of cancellation (as applicable, the Pre-Termination Payments ). Any Pre-Termination Payments will be made available to STM, on a pro-rata basis, as a credit for Tampa Bay Lightning single-game or group tickets for the thencurrent season (the Credit ). For purposes of clarification and illustration, in the event that STM terminates their Bolt for Life Plan on December 31, 2018, and in the event further that said STM paid the full amount of the STM Account at the start of the season, STM shall be entitled to a pro-rata Credit for the balance of the season (January 1, 2019 through the end of the regular-

2 season), and the Credit may be used to purchase Tampa Bay Lightning tickets for the season at the Tampa Bay Lightning s then-current market rates (such market rate will not be the preferential STM rate). STM will be provided with a dues statement (the Dues Statement ) for the upcoming Tampa Bay Lightning season each February (e.g., statement in February 2017 will be for season). In the event that STM has any issue with any amount or any Payment Plan outlined on the Dues Statement, STM shall promptly notify the Tampa Bay Lightning. 4. STM Payment Plan Terms: the following terms are applicable to each STM Account (inclusive of Bolt for Life Plans) wherein four (4) or more installment payments are scheduled: I, the undersigned, hereby authorize the Tampa Bay Lightning to process payment of my account balance in accordance with the Payment Plan selected by me (e.g., 12-month, 6- month, or pay-in-full). I further authorize the Tampa Bay Lightning to automatically charge my credit card or debit card in order to process the Payment Plan. I agree that no prior notification will be provided unless the date or amount of the payment changes, in which case notice will be provided a minimum of ten (10) days in advance of the payment being initiated/processed by the Tampa Bay Lightning. Unless expressly stated otherwise herein (e.g., Bolt for Life Termination Option), I understand that a cancellation of this authorization does not relieve me of my payment obligations to the Tampa Bay Lightning in connection with my Account (please contact your financial institution regarding your right to cancel automatic payments). This constitutes your copy of the recurring payment authorization to the Tampa Bay Lightning -- please retain a copy for your records. * The Payment Plan is 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 Balance is not subject to any assessed interest; (iii) I am not subject to any pre-payment penalty for paying the Balance in advance of the designated Payment Plan dates; and (iv) Late Payment Plan 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 Tickets and my participation in the Payment Plan, and that TBA has my express authorization to process payment of the Balance 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 TBA's Legal Department. The foregoing payment authorization shall remain in effect for so long as my Bolt for Life membership remains in effect. 5. Partial Payment: STM acknowledges that partial payment of the STM Balance or use of any of the Account tickets indicates acceptance of these Terms and constitutes a legal obligation on the part of STM to remit the entire Account Balance. Any partial payments received by the Tampa Bay Lightning or any of its affiliates are not refundable. The Tampa Bay Lightning reserve the right to charge a processing fee in the event that an authorized charge is refused by STM s financial institution for any reason. In the event that the Tampa Bay Lightning (or any of its affiliates) incur any fee/expense associated with the collection of any outstanding Account Balance from STM, STM shall be liable for all such expenses (including, without limitation, attorney s fees, court costs, and collection agency fees) incurred by the Tampa Bay Lightning or its affiliates. 6. Ticket Resale Limitations: The Tampa Bay Lightning acknowledge that STM may not be able to use each of the tickets in their STM Account. STM acknowledges that the spirit of

3 being a part of the STM club is not to generate financial gain or benefits for STM by virtue of selling STM tickets, but rather is rooted in a desire to support the Tampa Bay Lightning. As such, STM acknowledges that his/her resale and/or trade activity may be monitored and tracked by the Tampa Bay Lightning, and, in the event that STM sells, attempts to sell, or engages a third party to sell on his/her behalf a substantial portion of the Account tickets, the Tampa Bay Lightning reserve the right to cancel the STM Account (the Resale Breach Termination Right ). In the event that the Tampa Bay Lightning elect to exercise its Resale Breach Termination Right, the Tampa Bay Lightning will provide STM with written notice of such election, and, as applicable, (i) issue STM a full refund for any unplayed Lightning games encompassed within the applicable STM Account that STM has paid for, or (ii) relieve STM of its obligation to pay the Account Balance as it relates to any unplayed Lightning games (STM shall remain obligated to satisfy any portion of the Account Balance that relates to any Lightning games that predate the date of Account termination/suspension). Following the exercise of the Resale Breach Termination Right by the Tampa Bay Lightning, the Tampa Bay Lightning shall have no further obligation to STM, whether under the Agreement or otherwise (including, without limitation, forfeiting any interest in any playoff tickets). 7. Right to Suspend or Terminate STM Rights for Cause: The Tampa Bay Lightning reserve the right to suspend or cancel a STM s privileges (including refusal by the Tampa Bay Lightning to honor any Account tickets) for reasonable cause. For purposes of these Terms and any accompanying ticket purchase Agreement, reasonable cause shall include, without limitation, failure to timely remit Account payments and/or a violation of these Terms. 8. Relocation Election: Provided that the STMs Account is in good standing, STM shall have the opportunity, subject to the terms and conditions imposed herein and/or in any targeted formal communication from the Tampa Bay Lightning, to participate in a relocation election (the Relocation Election ), wherein STM may, subject to STM s priority ranking, elect to relocate, increase, or otherwise modify their Account seats (a decrease in seats on the Account is not permitted and is not included within the Relocation Election). In order to participate in the Relocation Event, STM must timely (i) communicate (in writing) to their designated Account representative their desire to relocate their Account seats (such communication to be in accordance with any deadlines imposed by the Tampa Bay Lightning), (ii) honor any initial Payment Plan obligations (e.g., first installment in the 12- month plan), and (iii) not otherwise be in default. The Tampa Bay Lightning covenants to use good faith in establishing the priority ranking and in executing the Relocation Election. Notwithstanding the foregoing, STM hereby acknowledges that the Tampa Bay Lightning, at its discretion, reserve the right to modify, alter, or otherwise cancel the Relocation Election program and/or to restrict the inventory available for the Relocation Election. 9. Transfer of Account: Except in the case of a transfer to an immediate family member (defined hereunder as a spouse, father, mother, son, or daughter), STMs do not have the right to transfer their STM Account seats to another individual or entity. In the event that STM desires to transfer their Account to another individual or entity, STM shall submit a written request to the Tampa Bay Lightning for consideration by the Tampa Bay Lightning. The determination of whether to grant, withhold, condition, or deny the request may be made at the discretion of the Tampa Bay Lightning. In the event that such a transfer is granted, STM shall comply with all reasonable procedures required by the Tampa Bay Lightning to effectuate the transfer. Notwithstanding the foregoing restrictions, a STM may, under the following limited circumstances and following receipt of a written request by the Tampa Bay Lightning from STM, modify the name on the Account following: (i) a legal name change; (ii) a change in marital status; (iii) a change of the legal business name of the business listed on the Account; (iv) dissolution of the business listed on the Account; (v) sale of the business listed on the Account; (vi) or death of the STM of record on the Account (each, a Justified Account Name Change ). In order to facilitate a Justified

4 Account Name Change, the Tampa Bay Lightning may require reasonable proof from the STM (e.g., in the case of a legal name change, STM may be required to furnish documentation from the Social Security Administration evidencing such formal name change). 10. ADA Accessible Seating: Subject to applicable law, STM acknowledges that he/she may be required to represent and warrant to TBA in writing that ADA accessible seating is legitimately warranted. 11. No Right to Split Account: STM is expressly prohibited from splitting the Account seats so in as to capitalize on promotional initiatives or offers from the Tampa Bay Lightning or any of its affiliates or related entities. 12. Eliminated Seats; Relocation Offer: In the event that any seats featured in any STM Account are eliminated from the Tampa Bay Lightning s available to be sold inventory (for instance, due to any Arena renovations or any seat layout restructuring mandated by the NHL), or in the event that any such STM seats otherwise become unavailable due to any reason other than bad faith on the part of the Tampa Bay Lightning (a Dislocated STM ), the Tampa Bay Lightning shall offer such Dislocated STM an option to relocate the impacted STM seats to another available location in the Arena (the Relocation Offer ). Following receipt of a Relocation Offer from the Tampa Bay Lightning, the Dislocated STM shall have seven (7) calendar days to respond to the Tampa Bay Lightning with its election (either to accept the Relocation Offer or to reject the Relocation Offer). In the event that the Dislocated STM elects to accept the Relocation Offer, the parties shall finalize the terms of such new STM account seats and the Dislocated STM shall be responsible for any additional cost associated with the new seats (e.g., if the new seats are an upgrade in location from the original seats, the Dislocated STM shall be responsible for such upgrade charge). In the event that the Dislocated STM elects to reject the Relocation Offer, the Tampa Bay Lightning shall, within fourteen (14) calendar days of receipt of such rejection notice from the Dislocated STM, issue the Dislocated STM a full refund for the value of the unused tickets on the affected STM Account. STM hereby agrees and acknowledges that its exclusive remedy in the case of a dislocation as outlined in this Section 10 shall be the Relocation Offer, and, as applicable, a refund of any monies paid by such Dislocated STM in connection with the dislocated/eliminated seats. 13. Lightning Playoffs: In the event that the Tampa Bay Lightning qualify for the NHL playoffs, tickets to any such playoff home games are at an additional cost above and beyond the STM Account fees for the regular-season. The Tampa Bay Lightning will communicate playoff ticket options (and the corresponding pricing structure) to each STM prior to the end of the then-current regular-season. STM shall have a designated response time to either accept or reject the offered playoff tickets (the Acceptance Deadline ). In the event that STM does not timely accept the playoff ticket offer, the Tampa Bay Lightning shall have no further obligation to STM in connection with such playoff tickets and the Tampa Bay Lightning may, at its discretion, sell the tickets to a third party. It is further understood that: (i) all playoff tickets will be sold to STMs on a complete package basis only (meaning, STMs will be required to purchase the tickets for each home playoff game and will not have the ability to purchase single game tickets via the STM program); (ii) STMs will be charged only for the number of games that are played each round (e.g., if only 2 home games are played in round 2, STM will be charged for 2 games that round); (iii) playoff fees are due in accordance with invoice terms. The Tampa Bay Lightning reserve the right to require payment in-full for any playoff tickets prior to the start of the playoffs. Full-Season STMs will be provided with a first right of refusal to purchase their regularseason seat locations for each playoff home game (same quantity, same location). In the event that such Full-Season STM desires purchasing the playoff tickets, STM shall timely comply with the Acceptance Deadline. Half-Season STMs will be provided with a first right

5 of refusal to purchase playoff tickets for each home playoff game (same quantity as the number of regular-season tickets purchased by STM), precise seat location to be determined based upon (i) STM s tenure in seat location as a STM and (ii) the Tampa Bay Lightning s then-current available inventory. In the event that such Half-Season STM desires purchasing the offered playoff tickets, STM shall timely comply with the Acceptance Deadline. Ten-Game Plan STMs will not be entitled to purchase playoff tickets. Notwithstanding the foregoing, the Tampa Bay Lightning, subject to available inventory, will use good faith efforts to extend a preferential offer to Ten-Game Plan STMs in advance of extending a purchase offer for to the general public. 14. Playoff Dress Code Policy: STM hereby expressly acknowledges and accepts the Playoff Dress Code Policy (outlined below). 15. Assumption of Risk & Release of Liability: STM recognizes and acknowledges that his/her admission to Amalie Arena (the Arena ) is voluntary and may result in personal injury and/or property damage (including death). STM assumes all risks incidental to his/her attendance at the game/event, including, without limitation, the risk of personal injury (whether caused by pucks, sticks, other objects, or other persons/patrons) and/or the risk of lost, stolen, or damaged property, whether such risk occurs prior to, during, or subsequent to the applicable game/event. STM agrees that (i) Lightning Hockey LP, (ii) Tampa Bay Arena, L.P., (iii) the City of Tampa, (iv) Hillsborough County, (v) the Tampa Sports Authority, (vi) the Arena Football One League, LLC, (vii) the National Hockey League (NHL), (viii) the member clubs of the NHL, (ix) NHL Enterprises, L.P., (x) the NHL Players Association, (xi) current and former NHL players and personnel, and (xii) Strategic Property Partners, LLC, and each of the foregoing entities respective affiliates, parents, related entities, owners, governors, officers, directors, partners, principals, attorneys, employees, and agents are expressly released by STM from any and all claims arising from or relating to such causes or otherwise occurring at or in connection with an Arena event. 16. Fan Behavior: Any STM or ticket holder that behaves in an unruly or disruptive manner at the Arena, including, without limitation, aggressive of foul language, intoxication, or physical or verbal abuse of Arena employees, other fans, game officials, players, or coaches either during, before, of after a game may be asked to leave the Arena. In the event that a STM (or any individual to whom STM has given/sold his tickets) engages in such unruly behavior, the Tampa Bay Lightning reserve the right to terminate the applicable STM Account without refund or other compensation to the STM of record, in accordance with these Terms and NHL policy. 17. Use of Image: The Tampa Bay Lightning, TBA, the NHL, each of their respective related entities and agents, sponsors, and licensees shall have the unrestricted right and license to use the image, likeness, name, voice, comments, or other proprietary or public rights of STM and any minor accompanying STM, in any broadcast, telecast, photograph, video, audio sound, audiovisual feature and/or other recording taken at the Arena or in connection with any event being presented at the Arena, for all purposes, worldwide and in perpetuity, and in any and all media, whether now known or hereinafter developed, without compensation to STM or any minor accompanying STM. 18. STM Conduct Restrictions: By use of any STM Account ticket, STM agrees that (i) he or she will not transmit (or aid in transmitting) any information about the game/event to which STM is granted admission, including, but not limited to, any account, description, picture, video, text, audio, reproduction, or other information concerning the event, the Arena, the Lightning, or TBA (collectively, the Event Information ); (ii) The Tampa Bay Lightning, the National Hockey League (NHL), TBA, and any featured corporate sponsor/partner, each as applicable, shall be deemed the exclusive owner of any and all copyrights and other proprietary rights in the Event Information; (iii) STM Account tickets may not be used for

6 advertising, promotion (including contests and sweepstakes), or other commercial purposes without the prior written consent of the NHL and/or the Tampa Bay Lightning, as applicable; (iv) the Arena is a smoke-free environment; (v) bottles, coolers, and storage containers of any kind are not permitted into the Arena and may be confiscated STM (and any guests accompanying STM) is subject to the rules and policies of the Arena (located at as they may be modified from time-to-time, without notice. 19. No Liability for Financial Damages to STM: Under no circumstance shall the Tampa Bay Lightning (or any of its affiliates or related entities) be liable to STM (or any of its agents or assigns) for any indirect, special, or consequential damages of any kind resulting from the Tampa Bay Lightning s alleged breach of these Terms or any corresponding Agreement. 20. Reservation of Rights: The Tampa Bay Lightning reserve the right, in their sole discretion, to amend, revise, update, or modify any policies, pricing, or procedures relative to STM accounts upon notice to the STM of record. Any violation of these Terms shall be cause for suspension or termination of the STM Account by the Tampa Bay Lightning. Following any such suspension or cancellation by the Tampa Bay Lightning, the Tampa Bay Lightning may, at its discretion, reassign the STM Account rights without further obligation to the original STM. Notwithstanding the foregoing, STM shall remain liable for any outstanding financial obligations associated with the STM Account. PLAYOFF DRESS CODE POLICY In support of our hometown Tampa Bay Lightning and in furtherance of our goal to turn Amalie Arena blue for the playoffs, please note that Tampa Bay Arena, L.P. d/b/a Amalie Arena (TBA) has adopted the following Playoff Dress Code Policy (the Playoff Policy ), which shall be in effect in the CHASE Bank Club (inclusive of all club common areas and the corresponding seating sections), the Lexus Lounge (inclusive of all Lounge common areas and all Row A and Row B seats) (together, the Club ) throughout the Lightning playoffs. STATEMENT OF POLICY: Only Lightning-branded or neutral attire and apparel will be permitted in the Club and the Club-designated seating areas during Lightning playoff games (including any pre-game and any post-game activities). Any attire, apparel, articles of clothing, accessories (e.g., hats, lapel pins, hair accessories, jewelry), or promotional collateral (e.g., mini-flags, noisemakers) that are branded with the name, logo, or registered mark(s) of the then-current playoff opponent of the Lightning are expressly prohibited in the Club and in the Club-designated seating areas (together, the Restricted Apparel ). For purposes of clarification, Restricted Apparel shall include any clothing and/or merchandise (whether official or unofficial) that bears any reference to the Lightning s then-current playoff opponent (e.g., Detroit Red Wings in Round 1). Fans/guests/patrons who have any Restricted Apparel on their person (each, an Impacted Ticket Holder ) shall have 4 options: (i) check the Restricted Apparel with a member of the Amalie Arena Guests Services staff (the Check Option ); (ii) obtain an Arena re-entry pass from an Amalie Arena Guest Services staff member so that the Restricted Apparel can be placed in a vehicle, hotel room, etc. (the Re-Entry Option ); (iii) have Club ticket(s) relocated to an alternate section of the Arena wherein the Playoff Policy is not in effect (the Relocation Option ); or (iv) if the Impacted Ticket Holder purchased their Club ticket(s) directly from TBA or Lightning Hockey LP, request a refund of the amount paid for such tickets (the Refund Option ). Notwithstanding anything to the contrary in this Playoff Policy, any apparel that features the Head-to-Head branding (wherein the Lightning s logo is facing-off alongside the logo of the Lightning s opponent) shall not be deemed Restricted Apparel.

7 In the event that an Impacted Ticket Holder elects the Check Option, the Impacted Ticket Holder will be required to sign a TBA-maintained check log outlining the item(s) checked (the Checked Item(s) ), and, in exchange, will be given a claim ticket that they can use to collect the Checked Item(s) following the game (or at any time prior to the end of the game if the Impacted Ticket Holder is leaving the Arena). While TBA will use its best efforts to safely store the Checked Items during the game for the Impacted Ticket Holder, TBA s liability to the Impacted Ticket Holder (or any agent, assign, or representative of Ticket Holder) in the event of loss, damage, or theft shall be limited to money damages equal to the value of the Checked Items or $300.00, whichever is less. TBA shall have no responsibility for any Checked Items that are left at the Arena more than twenty-four (24) hours past the conclusion of the game for which the items were checked with TBA. In the event that the Impacted Ticket Holder elects the Re-Entry Option, the Impacted Ticket Holder shall comply with any and all Arena policies and procedures regarding exiting and re-entering the building (including, without limitation, subjecting themselves to a follow-up security search at the time of re-entry). In the event that the Impacted Ticket Holder elects the Relocation Option, the Impacted Ticket Holder shall be required to surrender their Club ticket(s) to an Arena Guest Services staff member, and, in exchange, will be provided with an equal number of tickets for an alternate seating location, precise location to be determined at TBA s discretion based upon its then-current available inventory. Notwithstanding the immediately preceding sentence, TBA shall use commercially reasonable efforts to provide the Impacted Ticket Holder with a replacement seat location that is reasonably comparable to the Club tickets that were tendered for relocation. In the event that the Impacted Ticket Holder elects the Refund Option (such election option strictly contingent upon the Impacted Ticket Holder being able to establish that they purchased the Club ticket(s) from TBA or Lightning Hockey LP), TBA s Ticket Office staff shall facilitate the refund via the method of payment used for the purchase of such tickets (e.g., refund the same credit card used at time of purchase). [END OF TERMS]