2017-18 ANAHEIM DUCKS
SEASON TICKET HOLDER TERMS AND CONDITIONS
FOR HOLDERS WHO ARE NOT EXISTING HOLDERS SUBJECT TO AUTOMATIC RENEWAL (i.e., Holder did not select the automatic renewal option on Holder’s invoice, if any, for the 2016-17 NHL season): By signing the accompanying invoice or by clicking “Submit Payment” through the Anaheim Ducks’ online payment process (each, an “Invoice”) or accepting the season tickets (“Season Tickets” or “Tickets”) for the 2017-18 NHL season referred to in the Invoice, Season Ticket holder (“Holder”) agrees to the following terms and conditions (“Agreement”).
NOTICE TO EXISTING HOLDERS SUBJECT TO AUTOMATIC RENEWAL: By not terminating the Agreement as provided in the 2016-17 Anaheim Ducks Season Tickets Terms and Conditions, you acknowledge and agree that the below terms and conditions apply to your use of Season Tickets during the Season (as defined below). In addition, the location of the Season Statement is now at www.AnaheimDucks.com/renewals under “Ducks Account Manager” and Holders now have the additional option of terminating the Agreement through completing and submitting the “Opt Out Form” located at Holder’s “Ducks Account Manager” page at www.AnaheimDucks.com/renewals, in addition to the method described in the 2016-17 Anaheim Ducks Season Tickets Terms and Conditions.
1. Season Tickets. A Season Ticket entitles the Holder to admission to National Hockey League (“NHL”) pre-season and regular season home games of Anaheim Ducks for the 2017-18 NHL season (“Season”) presented by Anaheim Ducks Hockey Club, LLC (“ADHC”) and played at Honda Center (the “Arena”). Seat location(s) and dates are subject to the package purchased and are identified on the Season Tickets. Holder is not entitled to admission to NHL playoff (“Playoff”) games, any NHL All-Star event, any NHL Stadium Series event, any NHL Winter Classic event, any NHL draft event or any other events that are not official pre-season or regular season Anaheim Ducks home games played at the Arena. Holder shall be entitled to purchase the same seat location for Playoff games at the Arena for the Season, at prices and under other terms (including the deadline for such purchase) established by ADHC, provided that the availability of such location shall be subject to the NHL, the Arena and ADHC commitments and that Holder has not breached any terms of this Agreement. This Agreement shall terminate upon conclusion of the Season subject to the Holder’s right to purchase Playoff tickets as described above or immediately, at ADHC’s sole discretion, upon Holder’s breach of any provisions of this Agreement. Season Tickets are issued and renewable at the sole discretion of ADHC and may be revoked at any time by ADHC with or without cause including, but not limited to, Holder’s failure to pay. Changes to seat locations, whether made during Select-A-Seat or otherwise, must be agreed to by ADHC in writing prior to effectiveness. An invitation to Select-A-Seat does not provide Holder with the right to downgrade or reduce the number of Tickets. Electronic access to Tickets shall only be available commencing seven (7) days prior to the applicable game and ADHC may, in its sole discretion, further limit, modify, eliminate electronic access to Tickets. The term of this Agreement shall commence upon Holder’s signing of the Invoice and shall conclude immediately following the Anaheim Ducks’ last home game of the 2017-18 season (“Term”).
2. Automatic Renewal Option. For Holders who are new to automatic renewal (i.e., Holder did not select the automatic renewal option on Holder’s invoice, if any, for the 2016-17 NHL season), by selecting the automatic renewal option on the Invoice or through the online purchase process, Holder agrees to the following additional terms and conditions: The Term shall automatically be extended for successive NHL pre-season and regular seasons unless terminated earlier by either party in accordance with the terms of this Agreement. By signing the Invoice, Holder agrees that all fees for Season Tickets for all NHL pre-season and regular seasons during the Term (“Future Season Fees”) shall be paid by the same method of tender and, if the Invoice includes Holder’s credit card number a Credit Card Authorization is signed by Holder, Holder agrees that such credit card shall be charged for the Future Season Fees. ADHC will deliver to Holder a statement for the following Season, which shall include the fee for the Season Tickets (“Season Statement”) and will make the contents of the Season Statement available for viewing by going to www.AnaheimDucks.com/renewals and logging onto “Ducks Account Manager”. Holder may terminate this Agreement and cancel Holder’s Season Tickets for the immediately following season by completing and submitting the “Opt Out Form” located at Holder’s “Ducks Account Manager” page at www.AnaheimDucks.com/renewals no later than thirty (30) days following the date of the Season Statement (“Opt Out Deadline”). The Opt Out Deadline will also be posted on the “Ducks Account Manager” page of www.AnaheimDucks.com/renewals. If ADHC does not receive Holder’s “Opt Out Form” of termination by the Opt Out Deadline, the Agreement shall not be deemed terminated and Holder shall be responsible to pay the fee shown on the applicable Season Statement. Prior to the Opt Out Deadline, Holder may view his/her/its Future Season Fees for the following season by going to www.AnaheimDucks.com/renewals and logging onto “Ducks Account Manager”. Notwithstanding the foregoing, ADHC may immediately terminate this Agreement, in its sole discretion, upon Holder’s breach of any provisions of this Agreement. Season Tickets are issued and renewable at the sole discretion of ADHC and may be revoked at any time by ADHC with or without cause including, but not limited to, Holder’s failure to pay.
3. Assignment and Resale. Season Tickets must be registered in the name of an individual or legal business entity and must be registered with ADHC under a physical address in California (i.e., no P.O. boxes). This Agreement may not be assigned or transferred in any manner by the Holder without ADHC’s prior written consent to such assignment or transfer, which consent may be conditioned or withheld in ADHC’s sole discretion. Season Tickets may not be sold, assigned, hypothecated or transferred in any manner except through an authorized Ticketmaster resale product. The sale or transfer of any individual game ticket for consideration on Arena property is strictly prohibited. In the event of a sale or an attempted sale of fifty percent (50%) or more of the Season Tickets (by event or in the aggregate, regardless of method of sale) or a sale or an attempted sale of any of the Season Tickets in a manner or at a price in violation of this Agreement or any federal, state or local law or regulation, ADHC reserves the right, in its sole discretion, to limit or eliminate any of Holder’s rights or benefits described in this Agreement or provided to season ticket holders generally (e.g., priority, rewards, etc.) and/or immediately cancel all or a portion of the Season Tickets, all without refund of offset of any kind (in addition to any penalties and/or fines imposed by applicable authorities).
4. Non-Refundable, Cancellation and Payment upon Breach. SEASON TICKETS ARE NON-REFUNDABLE, NON-RETURNABLE AND NON-EXCHANGEABLE. ADHC shall not be responsible to Holder for the cancellation or non-performance of any game scheduled at the Arena or for the inability of Holder to use any of the Season Tickets due to any cause or circumstance beyond the control of ADHC, including without limitation strikes, lockouts, failure of utilities, restrictive laws or regulations and acts of God. In the event this Agreement is cancelled or otherwise terminated as a result of Holder’s breach of this Agreement, Holder shall forfeit all monies paid to ADHC and Holder’s obligation to pay the outstanding balance, if any, of the total Season Ticket fees shall be accelerated making the full outstanding balance immediately due and payable to ADHC. Holder further acknowledges and agrees that ADHC and/or the NHL may cancel, postpone, reschedule or relocate games for any reason (including, without limitation, relocate an Anaheim Ducks pre-season or regular season game from the Arena to an alternate venue in which case the Season Tickets shall not be applicable to such game) and modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentation of NHL games and events and such occurrence of any such instances shall in no way be deemed, argued or construed to be a breach by ADHC of this Agreement or permit Holder to reduce, setoff or withhold payment for the Season Tickets or terminate this Agreement and Holder hereby waives and releases any and all claims it may have against ADHC or the NHL with respect to such instances. This section shall survive the termination or expiration of this Agreement.
5. Notices. The Holder is obligated to promptly notify ADHC of any change of address. Such notice must be in writing and shall include the signature of the Holder or authorized officer if Holder is a legal entity. All written notices by Holder shall be mailed to Anaheim Ducks Hockey Club, LLC, Attn: Ticket Office, 2695 E. Katella Avenue, Anaheim, CA 92806 or faxed to (714) 940-2833.
6. Lost or Stolen Tickets. ADHC is not responsible for lost or stolen Tickets. Please safeguard the Tickets and handle them as one would handle cash. Upon receipt of any Ticket, risk of loss or theft of that Ticket passes to the Holder. Replacement tickets may be issued at the sole discretion of ADHC.
Stolen Tickets will be replaced only when an official police report is presented to ADHC’s Ticketing Department by Holder, in which case the original Season Tickets will be permanently disabled.
Lost or damaged Tickets (single game) may be replaced by logging onto “My Account” at www.AnaheimDucks.com prior to the posted start time of the game and selecting “Print at Home” to print or by going to the Arena box office up to ninety (90) minutes prior to the posted start time of the game and providing the box office with Holder’s valid photo I.D. Replacement tickets will not be issued for tickets purchased on a per-game basis (i.e., not Season Tickets).
Lost or damaged Tickets (more than one game) may be replaced by contacting Holder’s Personal Account Representative in writing, in person, by email, email or fax and providing a copy of Holder’s valid photo I.D. ADHC reserves the right to charge Holder a replacement fee for such tickets.
7. Preferred or Season Parking. The purchase of Season Tickets may, at ADHC’s option, include the opportunity to purchase preferred or Season parking, subject to availability.
8. Upgrades and Additional Tickets. For Season Ticket upgrades or additional Season Tickets, please contact your Personal Account Executive.
9. Advertising and Promotions. Season Tickets may not be used for contests, sweepstakes or other promotional purposes (including without limitation, as raffle prizes for charities) without the express written consent of ADHC, which many be conditioned or withheld in its sole discretion. By marking the box located on the Invoice regarding recognition of season ticket holders, Holder agrees that ADHC may use the name on Holder’s account for promotional purposes, including without limitation, public recognition of Holder as a season ticket holder.
10. Personal Injury, Loss and Indemnification. HOLDER SHALL INDEMNIFY AND HOLD HARMLESS ADHC, ANAHEIM ARENA MANAGEMENT, LLC (“AAM”), THE CITY OF ANAHEIM, ANAHEIM PUBLIC IMPROVEMENT CORPORATION (“APIC”), the NHL, each of the NHL’s member clubs and each of their respective parent and affiliated companies and their respective directors, officers, members, owners, agents, employees and servants (collectively “Indemnitees”) from and against any and all claims, suits, causes of action, damages, losses, liabilities, costs and expenses (including without limitation, reasonable attorneys’ fees and court costs) of any kind whatsoever (collectively “Claims”) arising out of or in connection with Holder’s or its agents’, employees’, guests’ or assigns’ or transferees’ (i) use of the Tickets and/or seats, (ii) breach of this Agreement, or (iii) act or omission, neglect or wrongdoing. Holder shall, at its sole cost and expense, defend (with counsel acceptable to the Indemnitees) the Indemnitees against any and all such Claims. Holder and all persons using a Season Ticket assumes all risk and danger of personal injury, death and all other hazards and losses, both personal and property, arising from or related by any way to the Season Tickets or a game for which a Season Ticket is issued, whether occurring prior to, during or after the game including, without limitation, the risk of being injured by a hockey puck, hockey stick, objects (including thrown objects), spectators, players, or acts of negligence and the Holder and user of a Season Ticket hereby releases the Indemnitees from any such claims or injuries. This section shall survive the termination or expiration of this Agreement.
11. Restrictions; Compliance with Laws, Rules and Regulations. Holder is responsible for all personal property brought to the Arena. While in the Arena or adjacent parking areas, Holder agrees to comply with all applicable local, state and federal laws and all rules or regulations adopted from time to time by ADHC, AAM or the NHL. Violation of such laws, rules or regulations may subject the Holder and any person using a Ticket to eviction from the Arena and/or loss of current and future playoff and season ticket privileges. Bringing food or beverages of any kind, attaching, hanging or displaying advertisements or other notices, smoking (including use of e-cigarettes), using laser pointers, video or audio recording equipment, tri-pods extended length zoom lenses and other professional camera equipment in the Arena are prohibited. The above list of prohibited items/acts is not exhaustive. ADHC, and its employees and agents, reserve the right to confiscate laser pointers, tape or film. Visit www.HondaCenter.com for additional restrictions.
12. Accessible Seating. Designated accessible seating locations in the Arena are reserved for guests who require accommodations as a result of a disability. Should Holder or guest require a seating accommodation as a result of a disability, Holder shall provide ADHC with at least two (2) weeks or as much advance notice as possible and relocation to a designated accessible seating location shall be on a first-come, first-serve basis, subject to availability and ADHC and AAM policies. For Tickets that are issued for a designated accessible seating location, should Holder not require such seating accommodations, Holder shall immediately notify ADHC and ADHC may, in its discretion, exchange the Tickets for alternative seat location(s), subject to availability. ADHC reserves the right to confirm, as permitted by law, Holder’s need for seating accommodations as a condition for providing seating accommodations and if such confirmation is not provided, ADHC may, at its option, relocate Holder’s seat location(s) to non-accessible seating locations or cancel the Tickets.
13. Modification. ADHC reserves the right at any time to modify, amend or supplement these terms and conditions.
14. Payment. The total Season Ticket fees for the Season Tickets, payment amounts and payment due dates are shown on the Invoice (and if the automatic renewal option is selected, Season Statements) provided to Holder by ADHC. To secure Holder’s seat location(s), Holder must make the first payment by the due date shown on the Invoice and Season Statements, as applicable, for the applicable Season. If at any time during the Season, Holder’s payments are not received by the due date set forth on the Invoice and, if applicable, Season Statement, the barcodes on all unused Season Tickets will be disabled (prohibiting access to the Arena) permanently or until the account is paid in full, Holder’s seat locations will be released and Holder will forfeit his/her/its Season Ticket priority, all in ADHC’s sole discretion. Holder may pay on-line at www.AnaheimDucks.com and go to “My Ducks Account” or may provide ADHC with a single, valid credit card number. Holder may only pay by check or money order if Holder pays the total Season Ticket fees in two (2) payments or less. A late fee of $35.00 will be charged for any payments made after the specified due date. In the event Holder’s payment is rejected (e.g., NSF or declined credit card), ADHC may require Holder to make all payments by using a specific method of tender. Holder’s cancellation, breach or early termination of this Agreement does not relieve Holder from its obligations to pay all amounts shown on the Invoice.
15. Payment Plans. In the event Holder and ADHC agree that Holder may make the payments pursuant to a payment plan, Holder shall provide ADHC with a single, valid credit card number (if choosing to pay by credit card), shall return a signed Invoice, and shall complete, sign and return the Credit Card Authorization delivered concurrently with the Invoice, authorizing ADHC to automatically charge Holder’s remaining balances pursuant to the payment plan.
16. Taxes. Holder shall be responsible for and shall pay on a timely basis any and all current or future taxes, which any appropriate taxing authority determines to be due in connection with the terms of this Agreement. Without limiting the foregoing, in the event any tax shall become due with respect to Holder’s use of the Season Tickets, ADHC shall provide Holder with an invoice and Holder agrees to remit such amount to ADHC within ten (10) business days of receipt of such invoice. Except as expressly stated otherwise in this Agreement, ADHC shall not be obligated to refund any amounts paid by Holder as a result of this section.
17. Waiver. ADHC’s waiver of any provisions in this Agreement must be in writing and signed by an authorized ADHC representative. Waiver by ADHC of Holder’s breach of any provision of this Agreement shall not operate or be construed as a continuing waiver.
18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and Holder consents to the exclusive venue and jurisdiction of the Superior Courts of California, Orange County.
19. Entire Agreement. This Agreement, together with the Invoice contains the entire agreement and understanding of ADHC and Holder and supersedes all prior agreements and understandings, whether verbal or written, with respect to the subject matter of this Agreement and any such other agreements or understandings are hereby revoked.
20. Section Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents of this Agreement.
For more information, please contact your Personal Account Executive at
1-877-WILD WING (945-3946) or fax (714) 940-2833.