Wine & Gold United Membership Terms and Conditions
WINE & GOLD UNITED MEMBER RECURRING PAYMENT AUTHORIZATION AND RELATED TERMS:
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 attached hereto, shall constitute my 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 Cleveland Cavaliers ticket representative for my annual Membership (as defined below) dues for the seat ticket(s) associated with my Membership account, which collectively with any playoff seat ticket(s) 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.
Membership Year/Renewal. 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”).
Cancellation. 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 Rocket Mortgage FieldHouse, 1 Center Ct., Cleveland, OH 44115 (the “Venue”); or (iv) completion of an opt-out form at https://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 Venue within the applicable Membership Year, subject to availability, and any remaining unused funds thereafter will be contributed to the Cavaliers Community Foundation (see https://www.nba.com/cavaliers/community/foundation for more information). Notwithstanding anything to the contrary contained in the foregoing, I understand that, upon any cancellation of my Membership, before I may apply any remaining funds on my account toward the purchase of tickets to mutually agreed to event(s) at the Venue within the applicable Membership Year, to the extent the amounts I have paid pursuant to this Agreement prior to such cancellation do not cover the value of the Tickets for Cleveland Cavaliers games that were played in the applicable season prior to such cancellation and/or do not cover the value of Tickets I re-sold via the secondary ticket online marketplace or otherwise transferred to a third party via Flash Seats for scheduled Cleveland Cavaliers games not yet played in the applicable season following such cancellation (such shortfall amount being referred to herein as the “Realized Tickets Value Shortfall Amount”), such remaining funds on my account will first be automatically applied toward covering the Realized Tickets Value Shortfall Amount and, to the extent such remaining funds on my account do not cover the Realized Tickets Value Shortfall Amount, then I am responsible for paying to the Cavaliers such additional amounts necessary to pay the Realized Tickets Value Shortfall Amount in-full within ten (10) days of my receipt of written notice from the Cavaliers advising me of what I owe pursuant to the foregoing. For the avoidance of doubt, to the extent applicable, I understand I am responsible for paying to the Cavaliers the full Realized Tickets Value Shortfall Amount.
Seat Unavailability. If for any reason the seat(s) corresponding to the Tickets that are part of my Membership become(s) unavailable for any Cleveland Cavaliers game, I acknowledge and agree that the Cavaliers may, at its sole option, either (i) provide me with substitute ticket(s) to such game(s) that correspond to seats that are in a location that is equal to or more favorable than the seating location of the Tickets (as reasonably determined by the Cavaliers); or (ii) provide me with the option to receive either (A) a credit option for the Tickets to such game(s) as communicated to me by the Cavaliers, or (B) a refund for the Tickets to such game(s).
Miscellaneous. 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 Cleveland 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 written notice of the error. There will be no other refunds of any kind for such charges. I understand that the Cavaliers may, in its sole discretion, upon written notice to me, modify my payment plan; including prices for future seasons and/or terminate my participation as a Wine & Gold United Member. The Cavaliers may 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 may charge a processing fee in the event a charge is refused for any reason. If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, or is in conflict with any applicable federal or state law now in force or hereafter enacted, such provision shall become inoperative, but all other provisions of this Agreement shall remain in full force and effect so long as the remainder of this Agreement can be given its intended effect, and to such extent, the provisions of this Agreement are deemed severable.
TICKET SERVICES TERMS AND CONDITIONS
WINE & GOLD UNITED TERMS AND CONDITIONS
Rights Reserved. The Cavaliers may, in its sole discretion, 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 at https://www.nba.com/cavaliers/united.
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 Venue, 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 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 may, in its sole discretion, 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. Full season members automatically retain their seats for all home playoff games, half season members automatically retain their seats for such games that are assigned to their particular half-season membership grouping, and both full season and half season 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 full season or half season 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. Non-half partial season 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, without limitation, permanent disability and death), virus and disease contraction (including, without limitation, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is also known as COVID-19 (“COVID-19”), property damage, 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 parents, affiliates, subsidiaries, owners, directors, officers, employees, agents, successors or assigns are liable for damages, losses, or expenses for personal injury (including, without limitation, permanent disability and death), virus and disease contraction (including, without limitation, COVID-19), and property damage, 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 parents, affiliates, subsidiaries, owners, directors, officers, employees, agents, successors and assigns 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 Venue property, or physical or verbal abuse of other fans, Venue employees, game officials, players, or coaches during, before, or after a game, you may be asked to leave and/or be ejected from the Venue. You are responsible for such behavior by anyone using the Tickets. In the event of such behavior, the Cavaliers may, in its sole discretion, terminate your Membership without refund or other compensation.
Search Upon Arena Entry. You and your belongings may be searched upon entry into the Venue, 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 Venue. 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 June 11, 2020