Milwaukee Bucks Season Membership Waitlist Terms and Conditions
1. Under the terms and conditions of these Milwaukee Bucks Season Membership Waitlist Terms and Conditions (these “Terms and Conditions”), the name identified on the attached form (“Customer”) and Milwaukee Bucks, LLC (“TeamCo”), acknowledge and agree that Customer will receive certain priority and other benefits and incentives, as determined by TeamCo in its sole discretion, in exchange for making one (1) Five Hundred Dollar ($500.00) non-refundable payment (“Payment”) in order to be placed on a waitlist to purchase a full regular season ticket package (“Tickets”) to Milwaukee Bucks (“Bucks”) (a member team of the National Basketball Association (“NBA”)) regular season home games at Fiserv Forum (“Arena”) during a future NBA Season, subject to availability (“Home Games”). Priority to purchase Tickets is based on the date in which Customer’s Payment is received by TeamCo (“Payment Date”). PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKETS AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKETS OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
3. Customer acknowledges and agrees that the Payment can only be used in one (1) of the following ways: (a) to be used towards the purchase of a full regular season ticket package for regular season Bucks games during a future NBA Season, once such ticket packages become available, the exact number and timing of which shall be determined by TeamCo in its sole discretion; or (b) if the Payment is not used in accordance with (a) herein, the Payment shall automatically remain in Customer’s online account portal, available at www.bucks.com/member (“Customer’s Account”), in the form of a credit to be used by Customer at the Arena during future NBA Seasons, subject to availability (“Credit”). The Credit may be used toward retail and food and beverage at the Arena, but shall not be used toward the purchase of single game Tickets, any other tickets to Bucks home games at the Arena, or any other event to be held at the Arena except with the prior express written consent of TeamCo, as determined by TeamCo in its sole discretion. Except as expressly set forth herein or with the prior express written consent of TeamCo, the Credit may not be redeemed for any other item, including cash.
4. Customer further acknowledges and agrees that (a) the Tickets shall be subject to availability and to additional terms and conditions to be presented at the time of purchase of the Tickets; (b) neither TeamCo nor any of its affiliates has made any warranty, representation, covenant, or guarantee that Customer will receive a specific Home Game, fan experience, or a specific location at a Home Game in connection with the Payment; and (c) the Payment is non-refundable, such that even if the Customer does not apply the Payment in full in the manner described in Paragraph 2 above on or before the date that is one (1) calendar year after the Payment Date, TeamCo shall have the right to retain the Payment, or the remainder of the unused Payment, as the case may be, as liquidated damages to compensate the Bucks for expenses and losses caused by such non-use.
5. Each Ticket is owned by TeamCo, and, as a revocable license issued to Customer, enables Customer, and/or Customer’s guest(s), to enter the premises of the Arena on the day(s) of the Home Games and occupy the seat location shown on the Ticket for that Home Game. TeamCo retains the right at any time to revoke or cancel any Tickets for any reason or no reason whatsoever by refunding the actual amounts paid for such Tickets, but not the Payment. The rights and obligations of Customer hereunder are not assignable or transferable without the prior express written consent of TeamCo. Customer, and all holders of Tickets, shall also be subject to the terms and conditions of each individual game ticket purchased as part of the Tickets, as well as the Milwaukee Bucks Ticket Purchase Terms and Conditions, available at https://www.nba.com/bucks/tickets/purchase-terms-and-conditions. Customer acknowledges and agrees that he/she has full power and authority to make the commitment and Payment referenced on the payment form and as described herein.
6. The sale or resale of Tickets by unauthorized means is prohibited and violation of this policy may result in the cancellation or revocation of unused or unissued Tickets. Tickets may not be resold without the prior express written consent of TeamCo. In addition, Tickets may not be used for advertising, promotion (including contests or sweepstakes), or other trade purposes without the prior express written consent of TeamCo.
7. The Bucks, TeamCo, and the NBA reserve the right in their sole discretion to amend, update, or modify policies and procedures relative to Tickets, and such information may be posted on www.nba.com/bucks from time to time. This Agreement is subject to the Constitution and By-Laws and all rules, regulations, and licenses of the NBA (collectively, “NBA Rules”) as they presently exist or as they may, from time to time, be entered into, amended, or adopted. Customer acknowledges that TeamCo has not made any representations or warranties whatsoever regarding the Tickets other than as may be set forth herein, including, without limitation, any representation or warranty of condition, value, or expectation of value, merchantability, or fitness for a particular purpose, with respect to the Tickets or the Arena.
8. This Agreement shall be governed by and construed in accordance exclusively with the laws of the State of Wisconsin without regard to its conflicts of law rules. The parties hereby agree that any claims or disputes regarding this Agreement shall be submitted to arbitration in the City of Milwaukee, Wisconsin under the rules of the American Arbitration Association.
9. If the Payment is to be paid by credit card(s), Customer agrees to “Automatic Initial Payment Authorization” (“APA”) thereby authorizing TeamCo to charge the credit card(s) listed to pay the amount listed on the payment form. The card(s) must have a valid expiration date for the duration of the APA process. All sales are final and non-refundable once the Payment is accepted by TeamCo. Incorrect information that prevents TeamCo from processing your credit card charge will be promptly communicated via telephone, fax or email to the contact person listed on this form. You further acknowledge and agree that it is solely your responsibility to update any credit card information used as a payment method. It is also your responsibility to notify TeamCo in writing of any change of address or email address to assure prompt delivery of tickets, notices and other dated material from TeamCo. You understand that any payment authorization remains in force and effect until TeamCo has received written notification of its termination in such time and manner as to allow TeamCo a reasonable opportunity to act on it. TeamCo reserves the right to assess a service charge of Fifteen Dollars ($15.00) on all declined transactions. If a credit card declines for any reason, Customer agrees that he/she will be responsible for paying any remaining balance as well as any declined transaction fee. If you submit an order, you warrant that you have the authority to authorize charges to the credit card or other method of payment, as applicable. You understand and agree that TeamCo is not liable, in any way, for erroneous bill statements or incorrect charges and that should an error occur in billing or debiting, TeamCo’s only responsibility is to correct such error when and if TeamCo receives written notice of such error. You understand that, at TeamCo’s sole discretion, your access to Home Games may be restricted or revoked if any authorized charge is refused or unable to be processed for any other reason.
10. Customer shall indemnify, defend, and hold harmless TeamCo, Deer District LLC, Wisconsin Center District, Fiserv, Inc., their respective affiliates and each of their respective owners, officers, directors, employees, and agents (collectively, the “Indemnified Entities”), from and against all claims, demands, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, arising from Customer’s or Customer’s guest(s)’ use of Tickets, or the negligent acts or omissions of Customer or Customer’s guests. In no event shall any of the Indemnified Entities be liable for consequential or indirect damages.
11. This Agreement provides for the exclusive resolution of disputes through individual arbitration on Customer’s own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, Customer agrees that any arbitration against TeamCo or the Indemnified Entities shall be arbitrated by Customer individually and not as a member of any class or as part of a class or representative action, and Customer expressly agrees to waive any law entitling Customer to participate in a class action. If Customer’s claim is subject to arbitration under Paragraph 8 above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Customer agrees that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in Paragraph 8 above, and if for any reason this class action waiver is unenforceable as to any particular claim, then, and only then, such claim shall not be subject to arbitration.
12. You understand that all pricing, seat locations and/or games selected are subject to availability and that the Bucks do not guarantee or warrant, by your purchase or otherwise, any of the same. Tickets are available on a first come, first serve basis, within the time frames established by the Bucks. The Bucks may limit quantities of, or refuse tickets ordered at the Bucks sole discretion for any reason. In the event Fiserv Forum’s seating capacity is less than 100% as a result of mandated capacity requirements, as determined by the Bucks in its sole discretion, the Bucks reserve the right to reconfigure the seating of Fiserv Forum as well as relocate the location of any tickets to as close to the original location as possible, subject to seating availability. In the event it is necessary to relocate the location of these tickets to an alternate price point location, the difference in cost will be reimbursed to you. For any postponed games that may affect tickets, you will be contacted by Bucks staff with further instructions regarding your tickets.
13. TeamCo reserves the right in their sole discretion to amend, update, or modify policies and procedures relative to the Tickets, Payment, and any payment plan upon written notice to the account holder of record.