My Tickets (Solar Status Members)

SEASON TICKET LICENSE TERMS AND CONDITIONS

Last Updated 2-14-24

Licensee agrees not to transmit, distribute, misappropriate, reproduce or sell (or aid in transmitting, distributing, misappropriating, reproducing 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, video, audio, or other form of exploitation or reproduction of the Event, or other information relating to the Event for which these tickets are issued. The Agreement and associated tickets 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 Orlando Solar Bears, LLC, and the ECHL (all of the foregoing persons or entities, together with their respective affiliates, the “Events Center Parties”).

Breach of any of the terms of the Agreement, failure to comply with the rules and regulations of the Events Center and the Events Center Parties (including but not limited to the Safety Requirements and the Fan Code of Conduct), or the refunding to Licensee of the printed purchase price of these tickets shall entitle Licensor to: (1) terminate any rights that Licensee may have hereunder, shall render illegal and unauthorized Licensee’s use of these tickets for any purpose, and shall authorize each of the Events Center Parties to withdraw these tickets, refuse admission to the Events Center, or eject Licensee from the Events Center; and (2) subject Licensee to all legal remedies available to any of the Events Center Parties. Breach of the Agreement, including but not limited to resale or attempted resale of any ticket in violation of applicable law is prohibited and is grounds for seizure or cancellation without refund or other compensation.  Upon termination or cancellation, Licensee will no longer be obligated for payment for any future season but shall remain responsible for any outstanding balance for the current season.  

Licensee grants each of the Events Center Parties and their respective designees, sponsors, and agents the irrevocable and unrestricted right and license to utilize Licensee’s name, voice, image, likeness, actions, and statements in any live or recorded audio, video or photographic display or other transmission, display, exhibition, publication or reproduction made of, at or in connection with the Events, in any medium or context and for any purpose, including but not limited to commercial or promotional purposes, without further authorization or compensation.  In addition, Licensee grants to the ECHL and Team permission to collect, use, share and store certain Licensee facial and other biometric information as permitted by law, including for security purposes.

Due to the uncertainty related to COVID-19, this ticket and the Licensee’s admission to the Events Center are subject to all safety and health requirements and policies put in place by the Team, ECHL, and Events Center, including requirements relating to face masks and enhanced health screenings (which may include a requirement that the Licensee, and any person in the Licensee’s party, be tested for COVID-19 prior to or during the Event) and those policies and requirements described in the Supplemental Terms.   Such policies and requirements as they may be updated from time to time (in the sole determination of the Team, ECHL and/or Events Center) and as they may be communicated to the Licensee prior to or during the Event (whether orally or in writing) by, for example, instruction provided by Team or Events Center personnel or signage in or around the Events Center, are collectively referred to below as the “Safety Requirements”.  Licensee acknowledges and agrees to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the Event), and attendance at the Event is conditioned on such compliance.

To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other ECHL, Team and Events Center rules, tickets may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team or the ECHL.  Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement (including pre-Event requirements established by the Team or Events Center) may be voided by the Team and this Agreement cancelled.

LICENSEE VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury (including death), property loss or damage and all other hazards of any kind, arising from, incidental to or related in any way to the Events, whether occurring prior to, during or after the Events, or in and around the Events Center, howsoever caused and whether by negligence or otherwise, including, but not limited to, risks and dangers incidental to the game of hockey or other events at the Events Center, such as the danger of being injured by players, other fans, balls, pucks, sticks or other projectiles. Licensee waives and releases all claims arising from any such injury, damage or loss against any of the Events Center Parties and their respective owners, directors, managers, officers, employees, agents, players, sponsors, member teams, successors and assigns, and Licensee agrees that such persons and entities shall not be responsible or liable for any such injury, damage or loss.

NO REFUNDS 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 REPLAYED, IS A REFUND OF UP TO THE TICKET’S FACE VALUE SET BY THE TEAM (THE “FACE VALUE”).  IN NO EVENT SHALL THE TEAM, ECHL, OR EVENTS CENTER 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.

LICENSEE 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 PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS.  THE LICENSEE 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, whether occurring prior to, during, or after the Event, in or around the Events Center, however caused and whether by negligence or otherwise.

Licensee and Licensee’s belongings may be searched upon entry into the Events Center, and prohibited items may be confiscated. Licensee consents to such searches and waives any related claims that might arise against any of the Events Center Parties or their respective agents. Licensee acknowledges that if Licensee elects not to consent to these searches at any Event, Licensee will be denied entry into the Events Center without refund or other compensation.

Licensee shall, and shall cause its guests to, abide by and observe all present and future laws, ordinances, orders, policies, rules and regulations established by Licensor, the ECHL, any governmental authority or any Promoter, as applicable, pertaining to the use and occupancy of the Seats and/or the Events Center (including, without limitation, rules and regulations governing the consumption of alcoholic beverages, behavior, timing of ticket delivery, and the cancellation or postponement of any event). Licensee shall, in addition to the other payments provided for in this Agreement, reimburse Licensor for any costs incurred by Licensor to repair any damage (other than normal wear and tear) caused by Licensee or its guests to the seats or any other Events Center property. Licensee shall not, and shall cause its guests not to resell (i) any tickets received or purchased pursuant to this Agreement, or (ii) the right to use the seats for any particular event, in each case, except by means sponsored or approved in writing by Licensor and the ECHL.

For all season ticket licenses, the payment authorization shall remain in effect for so long as the season ticket license remains in effect. Licensee hereby warrants that Licensee has the authority to authorize charges to the listed account for the purpose of paying the season ticket license fees.  Licensee understands and agrees that Licensor is not liable in any way for erroneous billing statements or incorrect charges and that should such an error occur in billing, Licensor’s only responsibility is to correct it when and if Licensor receives notice of the error. There will be no refunds of any kind for these charges.  Licensee understands that Licensor reserves the right, upon written notification including an updated Exhibit A, to modify Licensee’s payment plan options for future seasons and/or terminate Licensee’s season ticket license. All modifications shall be made in writing and delivered to Licensor by US mail and/or email. Licensor reserves the right to restrict entry to Solar Bears games if any scheduled installment payment is not timely paid and/or if any authorized charge is refused by Licensee’s credit card company or banking institution for any reason. Licensee agrees that if any credit card/debit or checking account number(s) listed on this form changes, Licensee will promptly notify Licensor and this authorization will remain in effect for the new account number(s).   Further, Licensee has an affirmative obligation to execute an amendment to update Licensee’s method of payment upon the expiration of a credit card or change in banking institution.  Under all payment plans, all payments are due on the dates specified on Exhibit A regardless of game cancellations or rescheduling; refunds or exchanges in such events will then be handled under Licensor’s standard ticket policies/terms and conditions. Failure to continue scheduled payments in the event of cancelled or rescheduled games may subject Licensee to season ticket license cancellation. Licensor reserves the right to charge a processing fee in the event a charge is refused for any reason.

On behalf of Licensee and Licensee’s Related Persons (defined below), Licensee further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Licensee or any of the Licensee’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 Events Center 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 Licensee and the Licensee’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 Licensee’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Licensee (which persons the Licensee represents have authorized the Licensee to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Licensee’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 Events Center; (iii) all third parties performing services at the Events Center; (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.

Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Licensee and the Licensor, ECHL, or Events Center, 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 Licensee has a dispute, they shall send the Dispute Notice to 400 W. Church Street, Suite 250, Orlando, FL 32801, Attn: General Counsel. Licensee and Licensor, ECHL, and/or Events Center 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 Licensor will consider a request to reimburse Licensee’s portion of the arbitration fees upon a showing of hardship in its sole discretion and assuming Licensee does 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 LICENSEE, EVENTS CENTER, LICENSOR, AND ECHL 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 LICENSEE, EVENTS CENTER, LICENSOR, AND ECHL 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 Licensee and the Events Center, Licensor, and/or ECHL will be governed by the laws of the State of Florida without regard to its principles of conflicts of laws. To the fullest extent permitted by law, the state and federal courts of Orlando, Florida shall have exclusive jurisdiction over any disputes between Licensee and the Events Center, Licensor, and/or ECHL (except for disputes brought in small claims court) that are not subject to arbitration.  IF THE LICENSEE DOES NOT CONSENT TO THIS CLAUSE, THE LICENSEE MUST IMMEDIATELY LEAVE OR NOT ENTER THE EVENTS CENTER. Licensee has the right to opt out of arbitration under these Terms by sending Licensor a personally signed, written notice of Licensee’s decision to opt out via email to legal@orlandosolarbearshockey.com within thirty (30) days of purchase of the season ticket license. Such an opt out will not opt Licensee out of an arbitration agreement Licensee might otherwise have with the Events Center, Licensor, and/or ECHL.

Without limiting the foregoing, the Licensee agrees not to give or offer any 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.

All Event dates and times are subject to change. The Licensee acknowledges that the Event may be cancelled or rescheduled. Lost, stolen, or counterfeit tickets will not be honored.

If any provision or part of these terms or the Supplemental Terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and the Supplemental Terms remain valid and binding.

Unavailability of Seats

In the event (i) any strike by or lockout of the Professional Hockey Players Association or the members thereof (such event, a “Work Stoppage”), (ii) a Force Majeure Event, or (iii) any damage to or destruction of the Seats (defined to be the seat location in Exhibit A) or the Events Center not caused by Licensee renders the Seats or the Events Center unusable for one or more Solar Bears home games in any season during the Term, and, in either case, such games are not rescheduled (“Unusable Tickets”), then, as Licensee’s sole and exclusive remedy, the Annual License Fees payable hereunder for the applicable Contract Year shall be reduced by the variable price of the Unusable Tickets. If Licensee is entitled to a reduction of the Annual License Fee under this Section, Licensee shall be entitled to reduce the next succeeding installment(s) of the Annual License Fee by the aggregate amount determined pursuant to this Section until such aggregate amount is recouped. If such aggregate amount exceeds the remaining amount of all such installment(s), Licensee shall be entitled to receive payment of any excess amount from Licensor within thirty (30) days after the end of the applicable season.

“Force Majeure Event” shall mean any act, event or condition (except, in each case, for the payment of money) which is beyond the reasonable control of the party asserting the Force Majeure (defined below), which wholly or partially prevents or delays the performance of any of the duties, responsibilities, or obligations of the party asserting the Force Majeure.  The term “Force Majeure” shall include, but not be limited to, an act of God; an act of the public enemy; civil disturbance or unrest; lawsuits; injunctions; lightning; fire, explosion or other serious casualty; water damage; terrorist attack (or threats thereof); epidemics; pandemics; strike, lock-out or labor dispute (without regard to the reasonableness of any party’s demands or any party’s ability to satisfy such demands); accident or sabotage; unusually severe weather (including hurricane, earthquake, tornado, landslide or flood); war (whether declared or not) or threats thereof; blockades; embargoes; condemnation or other taking by the action of any governmental body on behalf of any public, quasi-governmental or private entity; other governmental action or change in Law; or shortages or failures of sources of labor, material, energy, fuel, water, other vital utility, equipment or transportation.

Playoffs

Full Season Ticket Members will receive the seats for the first four (4) home playoff games at no additional costs. All remaining home playoff games are at an additional cost above and beyond the total investment for the season ticket license. Licensee will receive the seats for each remaining home playoff game, unless Licensee opts out by the date that is communicated to Licensee each season, and Licensee will be charged for playoff tickets as games are announced for each remaining round utilizing the same payment method elected for the season ticket license, and only for the remaining home playoff games that are actually played, unless Licensee paid by check in which case Licensee will need to provide information to process payment by credit card. Notification of playoff pricing will be sent to Licensee prior to the end of the regular season including the date by which Licensee will need to opt out if Licensee does not wish to purchase tickets for the remaining home playoff games (the “Playoff Communication”).  Opt out must be communicated through account manager utilizing the following link:  www.Orlandosolarbearshockey.com/stm