REVOLUTION MEMBERSHIP PROGRAM TERMS AND CONDITIONS
IMPORTANT: READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING. THESE TERMS AND CONDITIONS HAVE LEGAL CONSEQUENCES THAT WILL AFFECT YOUR LEGAL RIGHTS AND THAT WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
I understand and agree that the terms and conditions set forth below constitute a binding agreement (this “Agreement”) among me (“I”, “me” or “Member”), NPS LLC (“NPS”), and Kraft Soccer LLC (“Kraft Soccer” or “Revolution”).
In 2016, the Revolution established the Revolution Membership Program (the “Program”). Pursuant to the Program, the Revolution provide persons (such individuals or entities to be defined as “Members”) with tickets to each Revolution home match and access to Revolution deals, offers and events, provided that Members remain in good standing in accordance with the terms of this Agreement (the “Membership(s)”). The Program will run on an annual basis, beginning on October 1st and ending on September 30th, though a person can join the Program at any time during the calendar year (such date, the “Commencement Date”). Memberships will automatically continue unless terminated by the Member or the Revolution. The Revolution reserve the right to modify the Program benefits at any time, with or without notice. Memberships do not confer upon Members or their guests any greater rights and privileges with respect to admission to Gillette Stadium than afforded to other holders of tickets for admission thereto. Member acknowledges that tickets received pursuant to Membership(s) are merely a license to use, and not an agreement to lease, the seats associated with Member’s Membership(s). This Agreement does not create any property rights or interest whatsoever on behalf of the Member.
Members must have an account in Ticketmaster Account Manager (an “Account”) where Members can access tickets associated with the Memberships, and update Member contact information. By creating an Account, the Account holder will manage all Memberships on the Account and be responsible for all Membership payments on the Account. Members must at all times have a valid credit card or debit card on file in their Account. The credit card or debit card on file in Members’ Accounts will be debited on the Commencement Date, and periodically thereafter, depending on the payment plan selected by Member in accordance with this Agreement. Members are responsible for updating their Account with any changes to their contact information, and must contact New England Revolution Ticketing with any changes to the credit card or debit card information associated with their Account.
I authorize the Revolution or its designee to automatically charge the credit card or debit card in my Account for my Membership payments. For all Membership payments, the foregoing payment authorization shall remain in effect for so long as my Membership remains in effect. As
a Member, I warrant that I have the authority to authorize charges to the credit card or debit card in my Account for the purpose of making Membership payments. I agree that if the credit card or debit card information on my Account changes, I will promptly notify New England Revolution Ticketing with updated payment information and this authorization will remain in effect.
Membership pricing is based on seat location. Members shall pay for their Membership(s) in monthly payments, unless a Member specifically elects in accordance with the provisions set forth below to pay on an annual basis. On or before August 31st of each year, the Revolution will communicate Membership rates (both monthly and annual rates) for the upcoming season based on seat location (such then-current Membership rate to be defined as the “Current Membership Rate”). On the Commencement Date and thereafter on or before October 15th of a given year (a “Renewal Date”), a Member may elect to pay for their Membership(s) in one annual payment by notifying the Revolution in writing of such election. Any Member who fails to make an election shall be deemed to have chosen to make monthly payments. Members who opt-in to the annual payment plan will have the credit card or debit card in their Account automatically debited the annual Current Membership Rate on the Commencement Date and thereafter on or about October 15th of each year. Members who have not elected the annual payment plan will have the credit card or debit card in their Account automatically debited (i) on the Commencement Date, an amount equal to the result of multiplying the monthly Current Membership Rate by the number of months since the most recent Renewal Date, and (ii) on or about the 15th day of each calendar month, the monthly Current Membership Rate. By way of example, if a Member purchases a Membership on November 1st, Member will pay, upon registration, for the months of October and November with the first regular monthly payment occurring on or around December 15th; if a Member purchases a Membership on December 1st, Member will pay, upon registration, for the months of October, November and December, with the first regular monthly payment occurring on or around January 15th.
Under all payment plans, payments are due and/or automatically billed on the dates specified regardless of match cancellations or postponements. Refunds and exchanges will be handled according to the Gillette Stadium Ticket Terms and Conditions, set forth below and as they may be modified from time to time. Any updates to the Gillette Stadium Ticket Terms and Conditions will be available at www.gillettestadium.com/ticketterms.
Members whose credit card or debit card payments are rejected will have twenty-one (21) days following the rejected payment to provide a valid credit card or debit card on their Account and to pay all outstanding Membership balances. The Revolution reserve the right to charge a processing fee for any amount incurred by the Revolution when a charge authorized by the Member is rejected. Additionally, the Revolution reserve the right to restrict entry to Revolution home matches and/or revoke Membership privileges if scheduled payments are not made or if any authorized charge is refused. On the 22nd day following a rejected payment, all Membership(s) associated with an Account will be cancelled. At that time, all active tickets on the Account will be revoked and deactivated, and access to all Membership benefits and amenities will be discontinued. Members wishing to have their Membership(s) reinstated must purchase a new Membership(s). -3-
I understand and agree that the Revolution are not liable in any way for any erroneous billing statements, incorrect charges or other error of any kind made or arising as a result of any act by a third party and due to no fault of the Revolution. For any error related to charges or billing of any kind not made or caused by the Revolution, I acknowledge and agree that the Revolution’s responsibility to remedy the error will only arise if and when the Revolution receive timely notice and it is within their reasonable control to do so.
Tickets to Revolution home playoff matches are not included in the Program. Members will have the option of purchasing tickets for their regular season seat locations for all Revolution home playoff matches, excluding the MLS Cup Championship, at the then-current playoff ticket pricing. Unless a Member opts out in the manner set forth below, the Member’s Account will be automatically debited for Revolution home playoff matches prior to each match, within one week after each home playoff match has been confirmed. Members will be sent playoff pricing information and an “opt-out” notification approximately 45 days prior to the first MLS playoff match of each year. Members who do not wish to purchase tickets to the Revolution home playoff matches for a particular year may opt-out of purchasing playoff tickets by (i) completing within 15 days of receiving the opt-out notification the Playoff Opt-Out form available at www.revolutionsoccer.net, or (ii) sending the Playoff Opt-Out form via U.S. Certified Mail (must be postmarked within 15 days of receiving the opt-out notice), return receipt requested to New England Revolution Ticketing, One Patriot Place, Foxboro, MA 02035. By opting out, Members’ Accounts will not be debited, Members’ tickets will be invalidated for the playoff matches, and Members shall have no further opportunity, through their Membership(s), to purchase tickets to such Revolution home playoff matches for the current MLS season.
The primary name listed on the Account is the sole recipient of benefits associated with the Membership(s). A request to transfer Membership(s) must be made by the Account holder of record. Transfers will be allowed at the sole discretion of the Revolution and will be subject to execution of a transfer document provided by the Revolution.
Cancellation of Membership; Remaining Funds
Memberships may be cancelled at any time by either the Revolution or the Member. Members may cancel their Memberships by (i) completing the Cancellation Form available at www.revolutionsoccer.net or (ii) sending the Cancellation Form via U.S. Certified Mail, return receipt requested, to New England Revolution Ticketing, One Patriot Place, Foxboro, MA 02035. Members’ Accounts and Membership(s) will remain active for 29 days following the receipt of the Cancellation Form. All payments scheduled to occur within this 29-day period will be collected. On the 30th day following receipt of the Cancellation Form, the Membership(s) will be cancelled and no additional payments will be collected. All active tickets on the Account will be revoked and deactivated, and access to all Membership benefits and amenities will be discontinued. No refunds will be issued upon cancellation of the Membership(s). Remaining -4-
funds in the Account may be applied toward the purchase of tickets to a Revolution home match(es) until no funds remain in the Account. Tickets must be purchased through the Revolution ticket office.
Gillette Stadium Ticket Terms and Conditions
I understand that NPS LLC and/or its affiliated entities, including but not limited to New England Patriots LLC, Kraft Sports and Entertainment LLC, Kraft Soccer LLC, and Kraft Soccer II LLC (individually an “NPS Party” and collectively the “NPS Parties”), have maintained and will continue to maintain a record of my transactions with the NPS Parties. From time to time, I may purchase or otherwise obtain tickets to Gillette Stadium events. I understand that tickets issued to me are revocable licenses, and that the issuer of the ticket to such event “Issuer”) reserves the right to revoke such licenses, in its sole discretion, at any time and for any reason. I understand that tickets are non-transferable, unless such tickets are transferred via a platform and method that is officially authorized by NPS LLC (an “Authorized Distribution Platform”). I agree that I am responsible for my own conduct and the conduct of each person who enters Gillette Stadium using tickets issued to me, and that I and/or each person who enters Gillette Stadium using tickets issued to me may be refused admission and/or ejected without refund, including if any of us is disorderly; is in possession of one or more prohibited items, including but not limited to animals (other than service animals); or fails to comply with any applicable rules or policies, including but not limited to the Stadium Code of Conduct available at https://www.gillettestadium.com/stadium-safety/. As a New England Patriots or New England Revolution Season Ticket Member, if applicable, I further agree that such behavior may result in forfeiture of my tickets and my season ticket account, and that my purchase of season tickets in any year does not entitle me to renewal in any subsequent year.
I voluntarily assume all risks, hazards and dangers, including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses, and the risk of lost, stolen or damaged property, incident to each event I attend at Gillette Stadium, and whether occurring before, during, or after each such event. I irrevocably waive and release on behalf of myself, my attorneys, agents, successors, heirs, and assigns all claims, liabilities, or losses (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage, or otherwise) against the National Football League (“NFL”), New England Patriots LLC, Major League Soccer (“MLS”); Soccer United Marketing, LLC (“SUM”); Kraft Sports and Entertainment LLC; Kraft Soccer LLC; Kraft Soccer II LLC; NPS LLC; TeamOps LLC; other participating clubs; the event organizer; each of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, and independent contractors; and the Town of Foxboro (the “Released Parties”), arising from or in connection with this Agreement, including but not limited to each event I or any guest of mine attends at Gillette Stadium (the “Released Claims”), notwithstanding that such Released Claims may have been caused by the negligent act or omission of such Released Parties; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties. On behalf of my guests and any other person who uses tickets issued to me to attend an event, I also irrevocably waive and release on behalf of them, their attorneys, agents, successors, heirs and assigns all Released Claims against all -5-
Released Parties, notwithstanding that such Released Claims may have been caused by the negligent act or omission of such Released Parties; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties. I further agree that I will defend, indemnify, and hold harmless the Released Parties for any Released Claims asserted by me, my guests, or any other person who uses tickets issued to me to attend an event at Gillette Stadium, including all attorneys’ fees and costs incurred by the Released Parties to defend such claims; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties.
I agree that I will not resell tickets issued to me unless (a) such resale complies with all applicable laws, (b) I am not required to be licensed pursuant to M.G.L. c. 140, § 185A, or, if I am required to be licensed, I am so licensed, and (c) resell solely through an Authorized Distribution Platform. I acknowledge and agree that any tickets resold in violation of these prohibitions are void without notice or refund. I understand that tickets that are lost, stolen, destroyed or rendered void will not be replaced and are non-refundable. I understand that all sales are final and that I am not entitled to a refund if I cannot attend an event. I agree that dates and times of events as well as opponents are subject to change by the MLS, NFL, the event organizer, or Issuer (as applicable) in their sole discretion or as a result of other events beyond its control, without refund. If an event is cancelled in its entirety and not replayed, or an event takes place under conditions that prohibit the ticket(s) issued to me from being used to attend the event, the sole and exclusive remedy is a refund of the face value of the ticket(s) issued to me. Prior to the issuance of a refund, I may request to NPS LLC that the Issuer provide a credit equal to the face value of the ticket(s) issued to me, to be used in connection with the purchase of ticket(s) to a future similar event at Gillette Stadium. Unless tickets for such event are unavailable or the Authorized Distribution Platform does not allow credits, Issuer will provide such credit for such purpose. “Face value” means the value printed on the ticket unless such ticket was purchased through a membership program, in which case “face value” shall mean the aggregate amount of membership dues paid towards Gillette Stadium events during the applicable period (e.g., a NFL or MLS season), divided by the number of applicable Gillette Stadium events in such period. IN NO EVENT SHALL THE NPS PARTIES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE OF THE TICKET.
I understand that no person, regardless of age, may enter Gillette Stadium without a ticket, and that re-entry is prohibited. I understand that seats in Gillette Stadium may be relocated in the sole discretion of Issuer, and no such relocation shall entitle me, or any person who enters Gillette Stadium using tickets issued to me, to a refund or any other remedy if such seat(s) are relocated to seat(s) of comparable face value. I further understand that use of tickets for advertising and promotional purposes (including contest and sweepstakes or other trade purposes) is expressly prohibited. I agree that I and/or each person who enters Gillette Stadium using tickets issued to me will not transmit or aid in transmitting any photographs, images, videos, livestreams or other accounts or descriptions (whether text, data or visual), including without limitation play-by-play data, in any media of all or any part of the event (the “Works”). Transmission or other -6-
distribution by, to, or for any commercial enterprise, and any public performance or display, direct or indirect, are also strictly prohibited. For New England Patriots games at Gillette Stadium, I agree to grant the NFL an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works; for other events at Gillette Stadium, I agree to grant Kraft Sports and Entertainment LLC and its assignees an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works. I understand that I will be subject to search upon entry at Gillette Stadium, or while in Gillette Stadium, and that prohibited items, including those listed at https://www.gillettestadium.com/bagpolicy/, may be confiscated. I understand that I may be subject to a health assessment prior to entering Gillette Stadium, or while in Gillette Stadium, and that I may be denied admission or have my admission revoked if an NPS Party or relevant authority determines, in its sole discretion, that I pose a health or safety risk to other attendees. I consent to and waive any claim based on such searches or assessments, and agree that failure to consent will result in denial of entry and/or revocation of admission. I grant permission to the NPS Parties, NFL, MLS, SUM, other participating clubs, and their designees (as applicable, depending on the nature of the event) to use my image, likeness, and/or voice, and those of any guest of mine, in any media now or hereafter existing in connection with any broadcast (live or recorded) or any other transmission or reproduction of an event, in whole or in part, and for any other purpose whatsoever, including commercial purposes without any compensation to me.
Binding Arbitration; Waiver of Class Action
This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws provisions of such law. On behalf of myself, my guests, or any other person who uses tickets issued to me to attend an event, I agree that any dispute between or among me, my guests, or any other person who uses tickets issued to me to attend an event, New England Patriots LLC, Kraft Sports and Entertainment LLC, Kraft Soccer LLC, NPS LLC, TeamOps LLC, the Town of Foxboro, and any of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, affiliates, and independent contractors relating to my tickets or any issues that may arise in connection with any event shall be resolved by arbitration before JAMS according to the rules of that forum, except that I may pursue a claim in small claims court so long as the claim is pending only in that court, and so long as that claim is not joined with any other claim in any court. I specifically waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claim. I understand that the arbitrator’s decision will be final and binding, and that other rights that I may have if I went to court may not be available in arbitration. If any provision hereof is invalid or unenforceable in any jurisdiction, to the fullest extent permitted by law that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable in such jurisdiction, and shall be construed in order to carry out the intentions of this Agreement as nearly as possible. The invalidity or unenforceability of any provision hereof in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction. Waiver of any rights by NPS on one or more occasions shall not constitute a waiver of any such right on any other occasion. -7-
I agree that this Agreement constitutes the sole and entire agreement between me and NPS with respect to attendance at a Gillette Stadium event and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to attendance at a Gillette Stadium event; provided, however, that to the extent any terms of this Agreement conflict with the terms of a club seat license agreement, private suite license agreement, or marketing agreement signed by me and NPS LLC, the terms of such other agreement shall control.
If I have any questions or if I wish to communicate with the Revolution regarding this Agreement, I understand that I can send such communications to:
Kraft Soccer LLC
One Patriot Place
Foxboro, Massachusetts 02035
Attention: Revolution Ticketing