Wine & Gold United Membership Terms and Conditions
Wine & Gold United Member Recurring Payment Authorization:
I understand that by signing this form I give authorization to Cavaliers Operating Company, LLC (the “Cleveland Cavaliers”) to charge my credit/debit card (or withdraw from my bank account via Electronic Funds Transfer, if so selected by me) for my annual Membership dues (that include tickets) and I agree to the terms and conditions listed herein. I understand that my subsequent installment charges will be made to my authorized card/account in association with my chosen payment plan until my annual dues are paid in full. I acknowledge that my Wine and Gold United Membership (“Membership”) will automatically renew in January of each successive year, unless either I or the Cleveland Cavaliers provide written notice of cancellation, for any reason or no reason, to the other preceding the start of the new Membership Year, which begins January 1st, and ends the following December 31 (“Membership Year”). I understand that my Membership may be cancelled by me at any time throughout the year for any reason or no reason, provided I submit thirty (30) days written notice by either (a) U.S. mail, certified return receipt requested, (b) in-person at Quicken Loans Arena or (c) completion of a form at www.nba.com/cavaliers/tickets/membership-cancellation of my election to do so. Upon cancellation, I will no longer be obligated for any future payments, but shall not be entitled to any refund for installment payments made prior to the cancellation. Remaining funds on my account may be applied toward the purchase of tickets to mutually agreed upon event(s) at Quicken Loans Arena within the Membership Year, subject to availability. Unused funds beyond the Membership Year are non-refundable. For all Membership payments, the foregoing payment authorization shall remain in effect for so long as my Membership remains in effect. I hereby warrant that I have the authority to authorize charges to the listed account for the purpose of paying my Wine & Gold United annual Membership dues. I understand and agree that the Cleveland Cavaliers are not liable in any way for erroneous billing statements or incorrect charges and that should such an error occur in billing, the Cleveland 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 these charges. I understand that the Cleveland Cavaliers reserve the right, upon written notification, to modify my payment plan; including prices for future seasons and/or terminate my participation as a Wine & Gold United Member. The Cleveland Cavaliers reserve the right to restrict entry to 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 card/debit or checking account number(s) provided at the time of enrollment, I will promptly notify the Cleveland Cavaliers and this authorization will remain in effect for the new account number(s). Under all payment plans, all payments are due on the dates specified regardless of game cancellations or rescheduling. The Cleveland Cavaliers reserve the right to charge a processing fee in the event a charge is refused for any reason.
Ticket Delivery & Flash Seats Terms & Conditions:
I understand my Cavs tickets (also referred to as “Rights”) will be delivered via Flash Seats. The Flash Seats Terms and Conditions are incorporated by reference and made a part of this Agreement, and specifically include, but are not limited to, the following:
You are prohibited from selling or offering for sale your Right(s) through another publicly available marketplace, whether or not electronic or accessible through the Internet. Any use of the Flash Seats website to facilitate the sale of Right(s) through another publicly available marketplace may result in any or all of the following: (i) cancellation of the transfer or sale transaction conducted on our website; (ii) a charge of our sales fee (defined below), calculated with respect to the full sales price of such Right(s) sold or transferred, assessed against the seller/transferor of such Right(s) (such sales fee will be charged to the credit card on file for the seller/transferor twenty-four (24) hours after we provide notice of the assessment of such charge to such person via email); (iii) revocation of the seller/transferor’s rights to use our website and any or all of our other services; and (iv) revocation of such sold or transferred Right(s) by the event/venue. You may access the Flash Seats Terms and Conditions here flashseats.com
Wine & Gold United Standard Terms & Conditions
Rights Reserved. The Flash Seats Terms and Conditions together with the Recurring Payment Authorization above and these Standard Terms and Conditions shall constitute your Membership Agreement ( “Agreement”). The Cleveland Cavaliers reserve the right in its sole discretion to amend, update or modify policies, prices, procedures, and other terms/conditions relative to your Membership, including the Agreement, upon notice to the member/account holder of record. Notice may be by email to the account holder of record, first class mail, or posted on www.cavs.com.
Account Ownership. Membership accounts and/or account numbers are not transferable from one person or entity to another. The owner name under which an account has been purchased may not be changed or assigned, with the following exceptions: Legal name change, change in marital status, change in business name, dissolution of business, sale of business, or death of account holder. All requests for account information changes must be submitted in writing.
Your Membership is a Revocable License. Memberships include season tickets, which like all tickets sold for events at Quicken Loans Arena, are owned by the Cleveland Cavaliers. The Membership (and each included ticket(s)) is a revocable license issued by the Cleveland Cavaliers to the individual or corporate entity name that appears on the account of record. The Cleveland Cavaliers may terminate your Membership at any time upon written notification to you for any reason other than your breach, and in such event, will refund any pro rata portion of your Membership dues as of the date of such termination. Breach of any of the terms on page 1 or page 2 of this Agreement (or in the case of Flash Seats’ delivery, the seat locator), shall entitle the Cleveland Cavaliers to all available legal remedies, including but not limited to revocation or cancellation of your Wine & Gold United Membership, with no further compensation or refund. Upon such cancellation or revocation by the Cleveland Cavaliers resulting from your breach, you shall forfeit any rights to purchase postseason tickets
All Sales are Final. No Refunds or Exchanges. Payments must be timely made on or before the agreed upon payment plan dates. Delivery of tickets shall be made by October prior to the applicable basketball season, and only upon receipt of full payment of annual Membership dues or for accounts that are current on all payments. For those on installment payment plans, in the event you fail to make any timely required payments, the Cleveland Cavaliers reserve the right to either (a) withhold your tickets for upcoming events until payment is made and the account is in good standing or (b) terminate your Membership, with any payments made prior to the termination date forfeited by you.
Playoffs. Playoffs are at an additional cost above and beyond your annual Membership dues. Full (44-Game) Members automatically retain their seats for all home playoff games, Half (22-Game) Members automatically retain their seats for every other home playoff game, and both Full and Half members in good standing will be charged for playoff tickets after the completion of each round, with the same payment method elected for Membership dues, and only for the games that are actually played. Upon receipt of playoff ticket pricing information, you may provide written notice of your election to decline playoff tickets by the stated deadline date, incur no charges, and no change to your Membership status. Quarterly (11-Game) Memberships are not guaranteed playoff tickets and will be provided with presale priority based on availability. Notification of playoff pricing will be sent to you prior to the end of the regular season. Members who opt-out, or elect to not re-enroll their Membership prior to the post-season for such Membership Year will receive a one-time right of first refusal to purchase their seats, but will not receive Member pricing, and must pay for all potential postseason games in advance.
Restrictions: You agree not to transmit, distribute, or sell (or aid in transmitting, distributing or selling), in any media any description, account, picture, video, audio or other form of reproduction of any Cleveland Cavaliers game or any surrounding activities for which your ticket is issued. Your ticket(s) may not be used for any form of commercial or trade purposes, including, but not limited to, the sale of all or substantially all of your season tickets (including via Flash Seats) for non-personal, business use (whether or not for profit), advertising, promotions, contests or sweepstakes, without the express written consent of the Cleveland Cavaliers and the NBA.
Assumption of Risk/Release of Liability: You or the holder of the ticket to any game or event voluntarily assume all risk and danger of personal injury (including death) and all hazards arising from, or related in any way to, the game (including, but not limited to, injuries caused by players, fans, basketballs or other objects) whether occurring prior to, during or after the game, however caused and whether by negligence or otherwise. You and your guests agree that neither the Cleveland Cavaliers, the NBA, or their respective affiliates, employees, agents or owners are liable for any injuries from such causes.
Fan Behavior: Any ticket holder who behaves in an unruly or disruptive manner, including, but not limited to, foul language, intoxication, physical or verbal abuse of other fans, Arena employees, game officials, players or coaches during, before or after a game may be asked to leave Quicken Loans Arena. The account holder of record is responsible for such behavior by anyone using their tickets. The Cleveland Cavaliers reserve the right in the event of such behavior, to terminate your Membership without refund or other compensation in accordance with NBA policy.
Use of Image. You (or the user of your ticket for any particular game) grant permission to the Cleveland Cavaliers and the NBA (and its designees and agents) to utilize your image, likeness, actions and statements in any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of or at the game in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
Acceptance of Terms/Conditions: Upon remitting any full or partial payment toward your annual Wine & Gold United Membership dues, or by accepting delivery of your tickets and Wine & Gold Member benefits, you acknowledge responsibility for payment of the full annual membership price, and accept and agree to the terms and conditions stated on page 1 and page 2 of the Membership Agreement, including the Flash Seats Terms and Conditions at flashseats.com.
Last updated December 14, 2016