By placing a Deposit (as defined below) for a 2017-18 Pistons (as defined below) season ticket subscription (the “Membership”), Depositor (as defined below) agrees to the following terms and conditions and represents and warrants that Depositor is authorized to agree to these terms and conditions (together with the accompanying invoice, the “Agreement”) on behalf of the entity making such purchase (if not an individual):
- Deposit: The “Deposit” shall be the monies paid to the Pistons for the opportunity to purchase a 2017-18 Pistons Membership at Little Caesars Arena (“LCA”) prior to such Memberships going on sale to the general public. The amount paid for such right shall correspond with the Membership the Depositor wishes to purchase. Deposits do not guarantee Depositors any right to purchase a Membership, or any specific seating location, and are non-refundable.
- Depositor: The “Depositor” shall be the person or legal business entity that is on record in the Detroit Pistons Basketball Company (“Pistons”) and/or Palace Sports & Entertainment, LLC (“PSE”) database as the individual or registered entity that placed the Deposit. If a Deposit is registered in the name of a legal business entity, a contact person must be identified for the limited purpose of correspondence and contact. The Pistons and/or PSE’s acceptance of payment for the Deposit from any person or entity other than the Depositor does not grant any rights including, but not limited to the right to purchase Memberships at Little Caesars Arena, any account access or any future account or credit rights, nor constitute an assignment or transfer thereof, to such person or entity.
- Deposit Fee and Default: All payments must be received by the dates listed on the Agreement. All the privileges of the Deposit are revocable by the Pistons and/or PSE for failure to comply with any of the terms relating thereto, including without limitation, failure to make payment(s) hereunder when due.
- Assignment: Depositor may not assign this Agreement without the prior written consent of the Pistons or PSE.
- Disputes: The Pistons and PSE shall, in their sole judgment, make any decisions and resolve all disputes between Depositor and the Pistons and/or PSE and any right attendant thereto. The venue for any lawsuit filed hereunder shall be Oakland County, Michigan.
- Policies and Procedures: The Pistons and PSE reserve the right to modify these terms and conditions and any other policies and procedures related to the Deposit, at any time and in their sole discretion.
- Liability: The Pistons, PSE and the other Releasees’ (as defined below) liability for damages of any kind arising out of this Agreement is limited to a refund of the actual Deposit fee paid by Depositor. This remedy is exclusive. For the avoidance of doubt, in no event shall the Pistons, PSE or any other Releasee be liable for any incidental, direct, indirect, special, punitive, exemplary or consequential damages or for lost profits, revenues or business opportunities even if such Releasee has been advised of the possibility of such damages or if such damages were foreseeable. Depositor waives and releases, to the fullest extent permitted by law, all claims, whether known or unknown, relating to or arising from the Deposit and against the Pistons, PSE and their respective affiliates, and the officers, directors, managers, owners, employees, agents, successors and assigns of each of the foregoing (all of the foregoing, collectively, the “Releasees”), and acknowledges and agrees that the Releasees shall not be responsible for any such claims or damages. Depositor shall indemnify and hold harmless, to the fullest extent permitted by law, all Releasees from and against any liabilities, losses, damages, claims, demands, costs and expenses, including reasonable attorneys’ fees (including in any action between Depositor and the Pistons or any other Releasee, or any action by a third party), costs of investigation (whether or not litigation occurs) and litigation expenses, arising out of or related to any act or omission, breach of any provision of this Agreement, or violation of any applicable law, rule, regulation or order, in each case, by Depositor or any of Depositor’s guests.
- Force Majeure: The Pistons and PSE shall not be responsible to Depositor for a refund of any payments hereunder or otherwise for Depositor’s inability to use and/or purchase a Membership due to any cause or circumstance beyond their control, whether caused by reason of acts of God, inability to procure materials, failure of electricity or other utilities, strikes, lockouts, new or changes in governmental laws or regulations, riots, insurrections, wars or otherwise.
By making full or partial payment for the Deposit, Depositor is entering into the Agreement, agreeing to each of these terms and conditions and accepting responsibility to pay for the full Deposit fee stated herein. No cancellations, refunds or adjustments will be granted.