Seattle Seahawks Season Ticket Auto-Renewal Terms & Conditions
Season Ticket Auto-Renewal Terms & Conditions
Seahawks Auto-Renewal Terms & Conditions
These Seahawks Season Ticket Auto-Renewal Plan Terms and Conditions ("Terms and Conditions") govern the purchase of season tickets through an auto-renewing season ticket payment plan of pre-season, regular season and, if applicable, playoff tickets for Seattle Seahawks home games played at Lumen Field (together, "Season Tickets") during the 2020 season and subsequent seasons.
THESE TERMS AND CONDITIONS CONTAIN AN AUTOMATIC RENEWAL FEATURE. PLAN PAYMENTS WILL CONTINUE UNTIL YOU OR THE SEAHAWKS OPT-OUT OF THE PLAN. YOU OR THE SEAHAWKS MAY OPT OUT EITHER BEFORE COMMENCEMENT OF A NEW PLAN YEAR BEGINS (IN WHICH CASE NO PLAN PAYMENTS FOR THE NEW PLAN YEAR WILL COME DUE) OR AFTER A NEW PLAN YEAR BEGINS BY PAYING THE OUTSTANDING BALANCE FOR THE SEASON TICKETS FOR THE THEN-CURRENT PLAN YEAR.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION PROVISION WITH A CLASS ACTION AND JURY TRIAL WAIVER. THE ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR THE SEAHAWKS RESOLVE ANY CLAIM.
In these Terms and Conditions, "you" and "your" means the Season Ticket owner identified on the Seahawks Account Manager account associated with the Season Tickets (whether person or entity). "I," "our," "Seattle Seahawks," and "Seahawks" mean, collectively, Football Northwest LLC and/or First & Goal, Inc. "Invoice" means each season's ticket or other applicable invoice and any revised invoice (as described below) and any written timetable of scheduled payment amounts and due dates sent to you by the Seattle Seahawks. "Seahawks Season Ticket Auto-Renewal Plan" means the payment plan offered to you that automatically renews each year under which you purchase Season Tickets offered to you by the Seahawks. "Plan Year" means the period that begins the due date of the first payment specified in a season's Invoice and ends the due date of the last payment specified in the same season's Invoice. Under the Seahawks Season Ticket Auto-Renewal Plan you will have the option to pay a season's Invoice in a one-time lump sum payment or in the number of payments designated by the Seahawks Season Ticket Auto-Renewal Plan.
For each applicable Plan Year, the Seahawks will make an Invoice available to you specifying the estimated dates and estimated amounts of the payments that are scheduled to come due under the new Plan Year's Seahawks Season Ticket Auto-Renewal Plan. If you do not wish to participate in a Seahawks Season Ticket Auto-Renewal Plan in any new Plan Year, you may cancel any time before the new Plan Year begins. If you timely do this, no payments for the new Plan Year will come due under the Seahawks Season Ticket Auto-Renewal Plan. The Seahawks also reserve the right to cancel the Seahawks Season Ticket Auto-Renewal Plan and/or your ability purchase the Season Tickets for any reason at any time. You may also cancel after the new Plan Year begins so long as you pay the outstanding balance of the Season Tickets for the then-current Plan Year as indicated in your Invoice or revised Invoice. If you signed up for the Seahawks Season Ticket Auto-Renewal Plan by phone, you may cancel by timely calling us at 888-NFL-HAWK. If you signed up for the Seahawks Season Ticket Auto-Renewal Plan online, you may cancel by timely completing and submitting Cancellation Form. If you do not timely cancel the Seahawks Season Ticket Auto-Renewal Plan, you agree to purchase the Season Tickets by making the payments specified in the Invoice under the terms set forth in the Automatic Payment Authorization below.
You understand that enrollment in the Seahawks Season Ticket Auto-Renewal Plan does not constitute a guarantee that the Seahawks will offer the opportunity to purchase Season Tickets for any given season and is subject to the good standing of the Seahawks Account Manager account associated with the Season Tickets. The Seahawks reserve the right to modify or cancel the Seahawks Season Ticket Auto-Renewal Plan at any time and require payment for Season Tickets by some other means. You agree that the Seahawks may send you notices and Invoices related to the Seahawks Season Ticket Auto-Renewal Plan via email at the email address provided the Seahawks, and you agree to promptly notify the Seahawks of any updated email address that should be used to contact you.
If we are unsuccessful in charging your payment card or other means of payment or you otherwise fail to make a payment due under the Seahawks Season Ticket Auto-Renewal Plan within ten (10 days) following its due date, (1) the Seahawks may cancel your Season Tickets, (2) you will remain responsible for all remaining amounts due under the then-current Invoice, and (3) your participation in the Seahawks Season Ticket Auto-Renewal Plan may be terminated. Failure to pay for Season Tickets may influence your benefits under your Seahawks Account Manager Agreement and our desire to offer you the ability to purchase Season Tickets for subsequent Seattle Seahawks games or seasons.
The Seahawks have no obligation to resell your Season Tickets in the event of the termination of the Seahawks Season Ticket Auto-Renewal Plan. If the Seahawks do resell Season Tickets for which you failed to pay, you will remain liable to the Seahawks to the extent permitted by law for the balance due under the then-current Invoice as well as any collections costs incurred by the Seahawks, except that any amounts collected by the Seahawks through the reselling of your Season Tickets will be credited to you only if, at the time of resale, there remains no other tickets in the same price level as yours in the Seahawks' ticket inventory.
AUTOMATIC PAYMENT AUTHORIZATION
You authorize the Seahawks (which includes, for the purposes of this Automatic Payment Authorization (the "Payment Authorization"), the team's service providers, agents and other representatives) to charge the payment card account(s) identified at enrollment for the Seahawks Payment Plan or that you have otherwise provided to the Seahawks or any substitute payment card account you later provide to the Seahawks (the "Card") for the Seahawks Season Ticket Auto-Renewal Plan payments in the amounts and on or after the dates specified in the Invoice, as made available to you, or any modified payment arrangement agreement to which you and the Seahawks may agree in writing, as applicable. In the event that the Seahawks make an error in processing a charge, you authorize the Seahawks to correct the error by initiating a credit or debit to the Card in the amount of such error on or after the date such error occurs. In the event that you make a partial payment, or you are issued a credit, you authorize the Seahawks to charge the Card for the amount specified above less the amount of such credit. Instead of or in addition to any payments described above, you authorize the Seahawks to seek payment from the Card for any amount and on any date that you subsequently confirm by phone, text message or e-mail or for any additional ancillary benefits (parking, other hospitality, etc.) that you request to be included in the Seahawks Payment Plan. You also authorize the Seahawks to reinitiate any charge to the Card that is rejected up to two times or any greater number of times permitted by network rules. You acknowledge that the Seahawks are not obligated to reinitiate any charge that is rejected and may terminate your Season Tickets if a charge is rejected and no payment is made within ten (10 days) following the payment due date. You agree to update your Card information if it changes by contacting the Seahawks at 888-NFL-HAWK or online in your Seahawks Account Manager account. You represent and warrant that you are the owner or authorized user of the Card.
You may cancel this Payment Authorization at any time by contacting the Seahawks within such time as to allow the Seahawks a reasonable amount of time to process and act on your request. Canceling this Payment Authorization will not affect any obligation you may have under the Seahawks Season Ticket Auto-Renewal Plan. Each charge to the Card will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. You acknowledge that the Seahawks are not obligated to accept more than one payment card from you or any other cardholder. In the event of a conflict between this Payment Authorization and any other payment authorization you have previously provided to the Seahawks (whether written or verbal), this Payment Authorization shall supersede and govern.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
The Seahawks and you each may unilaterally elect to resolve any and all claims and disputes whatsoever, including, but not limited to those relating in any way to any of these Terms and Conditions, and/or any Season Tickets, memberships, season ticket plans, payment plans (including, without limitation, the Seahawks Season Ticket Auto-Renewal Plan if applicable), Invoices, games, marketing efforts, promotions, or any of our dealings with one another during any current or future season, including any statutory claims (collectively, "Claims"), except for claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION (the "("Arbitration Agreement"). This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and not by state law.
If arbitration is elected, neither of us will have the right to a court or jury trial or to participate in a class action or class arbitration. Other customary rights that the Seahawks and you would otherwise have if either went to court will not be available or will be more limited in arbitration, including the right to appeal. The Seahawks and you each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF EITHER PARTY ELECTS ARBITRATION, THE APPLICABLE DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties. This class action waiver includes the waiver of any public injunctive relief or that attained as a private attorney general.
Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that both parties agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Seattle, Washington. The arbitrator shall be authorized to award any relief that would have been available in court, including any applicable statutory remedies, provided that the arbitrator's authority is limited to the Seahawks and you alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The Seahawks and you agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to those you permit to use your tickets and relevant Seahawks employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
Notwithstanding any other provision herein, you and the Seahawks may each seek relief in a small claims court for Claims within its jurisdiction. In addition, either party may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Arbitration Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of any Season Ticket plan and any related agreement, your fulfillment or default of your obligations under any Season Ticket plan or any related agreement, and/or your or the Seahawks' bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH BELOW. If you do not wish to be bound by this Arbitration Agreement, you must notify the Seahawks in writing within sixty (60 days) after the date you agree to these Terms and Conditions. You must send your request to: Seattle Seahawks, 12 Seahawks Way, Renton, WA 98056, Attn: Legal Department. The request must include your full name, address, account number, and the statement "I reject the Arbitration Agreement contained in my Seattle Seahawks season ticket plan." If you exercise your right to reject arbitration, the other terms of the Seahawks Season Ticket Auto-Renewal Plan shall remain in full force and effect as if you had not rejected arbitration.
REVOCABLE LICENSE. Seahawks Season Tickets are a limited, revocable license issued by the Seahawks to the individual or corporate entity name that appears on the account of record. The Seahawks reserve the right to revoke this license for any lawful reason, including breach of any of the provisions of these Terms and Conditions or the Stadium Code of Conduct by you or anyone using your Season Tickets. You and all those using your Season Tickets shall maintain proper decorum and comply with all laws, rules and regulations of all governmental authorities and the Seahawks. You are strictly responsible for the compliance with of all such rules by you or any person using your Season Tickets. Any such breach may impact the rights and benefits you receive and shall entitle the Seahawks to all available legal remedies, including but not limited to revocation or cancellation of your Season Ticket account, Seahawks Season Ticket Auto-Renewal Plan (including the Auto-Renewing Payment Plan, if applicable), and/or Season Tickets generally. Upon such revocation or cancellation, neither the Seahawks nor any of its agents shall have any obligation to issue a credit, refund or any other compensation to you for any payments paid and originally scheduled to be paid prior to the date of such revocation or cancellation.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All sales of Season Tickets are final, and no refunds of payments or deposits for Season Tickets, or exchanges for Season Tickets, will be made except in the Seahawks' sole discretion.
LOST OR STOLEN TICKETS. The Seahawks are not responsible for lost, stolen, or duplicated tickets, and any reissuance of tickets shall be at the sole discretion of the Seahawks and may be subject to additional fees determined by the Seahawks.
SEASON TICKETS. The use of the Season Tickets shall be subject to the then current Ticket-back language and the policies and procedures of the Seahawks and the Stadium. Use of the Season Tickets represents your acceptance and agreement with the then current Ticket-back language. The Seahawks reserve the right to not activate or deactivate any Season Tickets for which payment has not been made. In the event that a payment you make or authorize is later reversed, disputed or otherwise not credited to the Seahawks, you understand that, to the fullest extent permitted by law and without limiting any other rights or remedies that may be available to the Seahawks, you will be personally responsible for such payment and for any collection costs and attorneys' fees incurred by the Seahawks.
POSTSEASON; SPECIAL GAMES. The Season Tickets purchased under these Terms and Conditions are only for those pre-season, regular season and, if applicable, playoff games of the Seattle Seahawks played at Lumen Field (the "Stadium") during the season specified in the applicable Invoice ("Current Season Home Games"). Nothing in the Season Tickets, an Invoice or these Terms and Conditions should be construed to create a right on the part of any holder of a Season Ticket to current or further games or events (e.g., special games, next-season games, international games or neutral site games) other than Current Season Home Games.
MISCELLANEOUS. Except as set forth in the Arbitration Agreement, these Terms and Conditions shall be governed by the laws of the state of Washington applicable to agreements made and to be performed entirely in Washington, without regard to any conflicts of laws principles thereof. To the fullest extent permitted by law, the Seahawks reserve the right to modify the pricing of tickets, Seahawks' policies, and these Terms and Conditions in its sole discretion and for any lawful reason. Notwithstanding anything to the contrary herein, the Seahawks reserve all rights under all other applicable law. Except as set forth in the Arbitration Agreement, if any provision of these Terms and Conditions is determined to be invalid or unenforceable, such provision shall be amended to the minimum extent necessary to make such provision enforceable, and any such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof.