Wine & Gold United Membership Terms and Conditions
WINE & GOLD UNITED MEMBER RECURRING PAYMENT AUTHORIZATION:
I understand that by signing this Recurring Payment Authorization, which, collectively with the Ticket Services Terms and Conditions and Wine & Gold United Terms and Conditions on the following page hereto, shall constitute your Membership Agreement (this “Agreement”) I (a) authorize Cavaliers Operating Company, LLC (the “Cavaliers”) to charge my credit/debit card (or withdraw from my bank account via Electronic Funds Transfer, if so selected by me) I provide to my Cavaliers ticket representative for my annual Membership (as defined below) dues for the ticket(s) associated with my Membership account, which collectively with any playoff tickets I purchase pursuant to this Agreement are referred to herein as the “Tickets”; and (b) agree to the terms and conditions of this Agreement. I understand that my initial and subsequent installment charges will be made to such authorized card/account in association with my chosen payment plan until such annual dues are paid in full. I acknowledge and agree that my Wine & Gold United Membership (“Membership”) will automatically renew in January of each successive year, unless either I or the Cavaliers provide written notice of cancellation, for any reason or no reason, to the other prior to the start of the new Membership year, which begins January 1 and ends on December 31 (each, a “Membership Year”). I understand that my Membership may be cancelled by me at any time throughout a Membership Year for any reason or no reason, provided I notify the Cavaliers in writing of my intent to so cancel by either (i) U.S. Mail postage prepaid or certified mail return receipt requested; (ii) UPS, FedEx, or other reputable delivery service; (iii) in-person at Quicken Loans Arena, 1 Center Ct., Cleveland, OH 44115 (the “Arena”); or (iv) completion of an opt-out form at http://www.nba.com/cavaliers/united/membership-opt-out. Upon such cancellation, I will no longer be responsible for any future payments, but shall not be entitled to any refund for payments made prior to such cancellation. Remaining funds on my account may be applied toward the purchase of tickets to mutually agreed to event(s) at the Arena within the applicable Membership Year, subject to availability, and any remaining unused funds thereafter will be contributed to the Cavaliers Youth Foundation. For all Membership payments, this recurring payment authorization shall remain in effect for so long as my Membership remains in effect. I hereby warrant that I have the authority to charge the credit/debit card (or withdraw from the bank account) I provide to my Cavaliers ticket representative to the listed account to pay my annual Membership dues. I understand and agree that the Cavaliers are not liable in any way for erroneous billing statements or incorrect charges and that should such an error occur in billing, the Cavaliers’ only responsibility is to correct it when and if the Cavaliers receive notice of the error. There will be no other refunds of any kind for such charges. I understand that the Cavaliers reserve the right, upon written notice to me, to modify my payment plan; including prices for future seasons and/or terminate my participation as a Wine & Gold United Member. The Cavaliers reserve the right to restrict entry to Cleveland Cavaliers games or Wine & Gold United Member events and/or revoke Membership privileges if scheduled installment payments are not timely paid and/or if any authorized charge is refused by my credit card company or banking institution for any reason. I realize that if any credit/debit card or bank account number(s) provided at the time of enrollment change, I will promptly notify the Cavaliers and this authorization will remain in effect for such new card/account number(s). Under all payment plans, all payments are due on the dates specified regardless of game cancellations or rescheduling. The Cavaliers reserve the right to charge a processing fee in the event a charge is refused for any reason.
TICKET SERVICES TERMS AND CONDITIONS
I understand that I may only resell the Tickets through the Flash Seats and StubHub secondary ticket online marketplaces. To the extent I resell any of the Tickets through StubHub, I hereby agree to the StubHub Marketplace Global User Agreement and User Privacy Notice, each of which are, by this reference, hereby incorporated into this Agreement and made a part of this Agreement. I understand that any use of the Flash Seats or StubHub secondary ticket online marketplace to facilitate (or attempt to facilitate) the sale of any of the Tickets through another secondary ticket marketplace may result in any or all of the following: (i) cancellation of such transaction conducted through the Flash Seats or StubHub Web site, as the case may be; (ii) a sales fee assessed against me; calculated with respect to the full sales price of such Tickets sold or transferred; (iii) revocation of my rights to use the Flash Seats and/or StubHub Web site; and/or (iv) revocation of such sold or transferred Tickets by the Cavaliers.
WINE & GOLD UNITED TERMS AND CONDITIONS
Rights Reserved. The Cavaliers reserve the right, in its sole discretion, to amend, update, and/or modify policies, prices, procedures, and other terms and conditions relative to your (as defined below) Membership, including this Agreement, upon notice to the individual or corporate entity name that appears on the Membership account of record (“you” or “your”), which may be made by, but is not limited to, email or posting on www.cavs.com.
Account Ownership. You may not assign any of your interest in this Agreement, including your Membership, without the prior written consent of the Cavaliers. The name associated with your Membership account may not be changed, except as follows: legal name change, change in marital status, or change in business name. All requests for Membership account information changes must be submitted to the Cavaliers in writing.
Your Membership is a Revocable License. Your Membership includes the Tickets, which, like all tickets sold for events at the Arena, are owned by the Cavaliers. Your Membership (and each included Ticket) is a revocable license issued by the Cavaliers to you. The Cavaliers may terminate your Membership at any time upon written notification to you for any reason and, other than in the event of your breach of this Agreement, in such event, the Cavaliers will refund any pro rata portion of your Membership dues as of the date of such termination. Any breach by you of this Agreement shall entitle the Cavaliers to all available legal remedies, including, but not limited to, revocation or cancellation of your Membership, with no further compensation or refund. Upon such cancellation or revocation by the Cavaliers, you shall forfeit all rights to purchase playoff tickets.
All Sales are Final. No Refunds or Exchanges. Payments must be made on or before the agreed upon payment plan dates. The Tickets shall be delivered to you by the October prior to the applicable National Basketball Association (“NBA”) season, but only upon the Cavaliers’ receipt of full payment of your annual Membership dues, otherwise the Tickets will not be delivered to you until you have paid your Membership dues in full. If you are on an installment payment plan and you fail to make any such payments when due, the Cavaliers reserve the right, in its sole discretion, to either (i) withhold the Tickets from you for upcoming events until full payment is made and your Membership account is in good standing; or (b) terminate your Membership, with any payments made by you prior to the termination date forfeited by you.
Playoffs. The cost of playoff Tickets is incremental to your annual Membership dues. 44-game (full season) members automatically retain their seats for all home playoff games, 22-game (half season) members automatically retain their seats for every other home playoff game, and both 44-game and 22-game members in good standing will be charged for playoff tickets for games played upon completion of each playoff round through the same payment method elected for their membership dues. Upon receipt of playoff ticket pricing information, which will be delivered by the Cavaliers prior to the end of the NBA regular season, such 44-game or 22-game member may provide written notice of their election to decline playoff tickets by the stated deadline date, incur no charges, and no change to their membership status. 11-game (quarter season) and 10-game members are not guaranteed playoff tickets, but will be provided with presale priority based on availability. Members who opt-out or otherwise do not re-enroll their membership prior to the playoffs, and would otherwise be eligible to receive the option to purchase playoff tickets, will receive a one-time right of first refusal to purchase playoff tickets, but will not receive member pricing and must pay for all potential playoff games in advance.
Restrictions. You may not transmit, distribute, or sell (or aid in transmitting, distributing, or selling), in any media now or hereafter existing, any description, account (whether text, data, or visual), picture, video, audio, or other form of exploitation or reproduction of any NBA game or surrounding activities (in whole or in part) for which the Tickets are issued to you. The Tickets may not be used by you for any form of commercial or trade purposes, including, but not limited to, the sale by you of all or substantially all the Tickets for the NBA season (including via Flash Seats or StubHub) for non-personal, business use (whether or not for profit), or for advertising, promotions, or contests or sweepstakes, without the express prior written consent of the Cavaliers and NBA.
Assumption of Risk/Release of Liability. By using the Tickets, you and other users of the Tickets voluntarily assume all risk and danger of personal injury (including death) and all hazards arising from, or related in any way to, the game to which such Tickets correspond (including, but not limited to, injuries caused by players, fans, basketballs, or other objects) whether occurring prior to, during, or after such game, however caused and whether by negligence or otherwise. You and other users of the Tickets agree that none of the Cavaliers, NBA, or their respective affiliates, employees, agents, or owners are liable for damages, losses, or expenses for personal injury (including death) arising from (in whole or in part) or in connection with the use of the Tickets, and you shall, and shall cause users of the Tickets to, release, waive, and forever discharge the Cavaliers, NBA, and their respective affiliates, employees, agents, and owners from all claims therefor.
Fan Behavior. If you behave in an unruly or disruptive manner, including, but not limited to, foul language, intoxication, destruction (or attempted destruction) of Arena property, or physical or verbal abuse of other fans, Arena employees, game officials, players, or coaches during, before, or after a game, you may be asked to leave and/or be ejected from the Arena. You are responsible for such behavior by anyone using the Tickets. In the event of such behavior, the Cavaliers reserve the right, in its sole discretion, to terminate your Membership without refund or other compensation.
Search Upon Arena Entry. You and your belongings may be searched upon entry into the Arena, and you consent to such searches and hereby waive any related claims that might arise against the Cavaliers or NBA. If you elect not to consent to these searches, you will be denied entry into the Arena. This policy applies to other users of the Tickets, who also hereby waive any related claims that might arise against the Cavaliers or NBA.
Use of Image. You (and other users of the Tickets) hereby grant permission to the Cavaliers and NBA (and their respective designees and agents) to utilize your/their image, likeness, actions, and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, the game in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
Last updated April 17, 2018