CHARLOTTE HORNETS SEASON MEMBERSHIP (Non-Premium)

These terms and conditions apply to all Non-Premium Charlotte Hornets Season Ticket Members.  Your account information, including the account-holder name, contact information, annual invoice and ticket information can be accessed within your Account Manager portal (“Account Manager”), accessible at www.myhornetsaccount.com, using the account access information provided to you when you purchased your membership.  All information contained in your Account Manager portal is incorporated herein by reference.  Please review these terms and conditions carefully, and indicate your acceptance by selecting the box at the end. 

1. Game Tickets.

In consideration for, and subject to the payment of the total annual fee applicable to your membership as indicated in Account Manager for the applicable NBA season (the “Total Annual Fee”), you shall receive the game tickets (“Tickets”) for pre-season and regular season home games (collectively, the “Home Games”) of the Charlotte Hornets (“Team”).  The cost of Tickets to the Team’s playoff home games (“Playoff Games”), if any, are not included in the Total Annual Fee. Playoff Games and Home Games are collectively referred to herein as the (“Games”).  In consideration of the Tickets granted to you under this License, you shall pay to Hornets Basketball, LLC (“Licensor”) the Total Annual Fee for each corresponding NBA Season as set forth in Account Manager and agree to comply with all of the terms and conditions stated in this License. 

(b) Payment Schedule – If you have selected “Pay in Installments” within Account Manager, then for each NBA season that you maintain your membership, you shall pay the Total Annual Fee to Licensor in accordance with the payment schedule and method you selected. Should you desire to change your selected payment plan or method, you must make such adjustments in Account Manager or notify Licensor in writing by February 10th before the NBA season for which the change is to be applied. All sales are final once accepted by Licensor and may not be canceled or refunded, unless otherwise stated herein or in Account Manager.

(c) Each Ticket is owned by Licensor, and, as a revocable license issued to Member, enables Member to enter the Spectrum Center on the day of the Game and to occupy the seat location shown on the Ticket for that Game. Licensor may cancel Member’s Tickets at any time for any reason or no reason whatsoever (including a termination of this License pursuant to Section 5 below), and in such an event, Licensor will have no further obligation to Member.  Licensor may relocate your seats to a comparable location within the Spectrum Center at any point in Licensor’s sole discretion in connection with a re-configuration of the Spectrum Center, or as a result of the Member’s (or Member’s invited guest’s) misconduct, including a violation of the Fan Code of Conduct (as defined herein).

(d)  You understand that your Tickets will be delivered to you only after receipt of the full Total Annual Fee for the applicable NBA season, and will be delivered to you in the format elected by Licensor, which format may be changed from time to time, in Licensor’s discretion.  As of the date of this License, Tickets will be delivered electronically only, via Ticketmaster, and you agree that the delivery of your Tickets and other uses of Ticketmaster is subject to the Ticketmaster Terms of Use, which are fully set forth at: https://help.ticketmaster.com/s/article/Terms-of-Use?language=en_US and incorporated by reference herein. By executing this License, you agree to comply with the Ticketmaster Terms of Use.

(e) For the avoidance of doubt, your License does not include tickets to any other NBA event (“League Special Event”) held in at Spectrum Center in which the Team participates or to any other event or game held at the Spectrum Center other than Team Games.  You acknowledge and agree that Licensor and/or NBA may cancel, postpone, reschedule or relocate the Team’s Games or events for any reason (e.g., move a Home Game from the Spectrum Center to an alternate venue for the purposes of playing a League Special Event or to accommodate scheduling), as determined in its/their sole discretion, as well as to modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentations of NBA games and events (each of the foregoing being a “Preemption”). 

(f) As a condition of being granted this License and use of Tickets, you and your invited guests agree to, at all times, comply with the code of conduct established from time to time by Licensor and/or the NBA (the “Fan Code of Conduct”).

2.         PAYMENT CARD AUTHORIZATION.  I understand that by acknowledging these terms and conditions I give authorization to Licensor to charge my credit or debit card identified in Account Manager for my Total Annual Fee in the requisite amount and on the payment dates set forth in the “Invoice” tab within Account Manager. I hereby warrant that I have the authority to authorize charges to the card for the purpose of paying my fees. I understand and agree that the Licensor is not liable in any way for erroneous billing statements or incorrect charges and that should such an error occur in billing, the Licensor’s only responsibility is to correct it when and if the Licensor receives notice of the error. There will be no refunds or any kind for these charges. Licensor reserves the right to restrict entry to Games and/or revoke membership privileges if any authorized charge is refused by my credit card company or banking institution for any reason. The Licensor reserves the right to charge a processing fee in the event a charge to the card is refused.

3.   Playoff Games.  If the Team participates in Playoff Games while your membership is active and in good standing, you will be offered an opportunity to purchase tickets to such Playoff Games.  Pricing and payment methods will be indicated in any offer to purchase tickets. 

4.    Ticket Resale Policy.  Licensor acknowledges that you may not be able to use each of your Tickets for every Game.  You acknowledge that the spirit of being a season ticket member is to support the Team and not to generate financial gain. In the event that you are unable to use and desire to re-sell a Ticket, you shall do so only in accordance with North Carolina law and only by utilizing Licensor’s preferred designated re-sale ticketing provider. You acknowledge and agree that your Ticket resale, trade and/or transfer activity may be monitored by Licensor. In the event that (a) you sell, attempt to sell, or engage a third party to sell on your behalf a substantial portion of your Tickets or (b) Licensor determines that you have sold Tickets for the primary purpose of generating financial gain or advertising/promotional gain, Licensor reserves the right, in its sole discretion, to revoke your license to use the Tickets immediately upon written notice to you and the right to pursue all legal rights and remedies available to the Licensor. 

5.   Renewal.  If you have elected to pay your Total Annual Fee in installments by notifying Licensor , you acknowledge and agree that Licensor may automatically renew this License for each subsequent the NBA season following the first season in which you were a member (each a “Renewal Term”) by providing written notice to the Member (the “Renewal Notice”) of the Total Annual Fee and payment plan options for each NBA season of the Renewal Term by January 30th of each Renewal Term.  You may decline to renew the License for the Renewal Term by providing written notice thereof to Licensor (the “Cancellation Notice”) within thirty (30) days of your receipt of the Renewal Notice.  Upon such termination, all rights of Member under this License shall terminate, and Licensor shall have no further obligation of any kind to Member, except as to rights and obligations pertinent to the then current NBA Season. If you do not provide the Cancellation Notice within such 30-day period, then this License shall continue for the Renewal Term at the prices set forth in the Renewal Notice, and all monthly installment payments will be charged automatically to your credit or debit card identified in Account Manager, and all such payments will be charged according to the schedule listed in Account Manager. 

6.  Defaults by Member; Licensor’s Remedies.  If (a) Member fails to pay any installment of the Total Annual Fee when due and payable and such failure continues for five (5) business days after receipt of notice thereof; (b) Member or its invitees fail(s) to comply with all NBA rules, including the Fan Code of Conduct while at the Spectrum Center, the terms and conditions found on the reverse side of  the Tickets or the Ticketmaster Terms of Use or engage(s) in any conduct which causes damage or injury to persons or property in the Spectrum Center; (c) Member fails to  comply with any other policies of Licensor in effect while the membership is active, including with respect to reselling Tickets; (d) Member makes any assignment for the benefit of creditors; there occurs adjudication that Member is bankrupt, insolvent, or unable to pay its debts as they mature; there occurs the filing by or against Member of a petition to have Member adjudged bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against Member, the case is dismissed within sixty (60) days after the filing thereof; the appointment of a trustee to take possession of substantially all of Member’s assets or Member’s interests in this Agreement; or there occurs an attachment, execution or levy against substantially all of Member’s interests in this Agreement;  or (e) Member defaults  in the performance of any other covenant or obligation  hereunder, Licensor may, at its option, (i) revoke or withhold distribution to Member of Tickets to any Game; (ii) revoke this License in whole or in part; or (iii) retain any amounts paid to Licensor by Member hereunder.  The foregoing remedies of Licensor shall not be to the exclusion of any other right or remedy set forth herein or otherwise available to Licensor in law or in equity.  Member shall be responsible for all attorneys’ fees and costs incurred by Licensor in the enforcement of this License, whether or not litigation is actually commenced and including any appellate proceedings.

7.   Liability and Indemnification. Neither Licensor, the owner of the Spectrum Center (the “Arena Owner”), the operator of the Spectrum Center (the “Arena Operator”), the opposing NBA teams, the NBA nor their respective owners, affiliates, officers, employees, partners, shareholders, members, contractors or agents (collectively, the “Indemnified Parties”) shall be liable or responsible for any loss, damage or injury (including death) to any person or property of Member or Member’s guests, resulting from any cause whatsoever, including theft and vandalism, unless due to the willful misconduct of the Indemnified Parties (in which event only the party which committed willful misconduct shall have such liability). Member shall indemnify, defend and hold harmless the Indemnified Parties from and against all claims, demands, liabilities, losses, damages, costs and expenses, including without limitation, reasonable attorney’s fees and expenses, arising from Member or Member’s guest(s)’ use of the Tickets or from the negligent acts or omissions or misconduct of Member or Member’s guests.  In no event shall any of the Indemnified Parties be liable for consequential or indirect damages. 

8.  ASSUMPTION OF RISK.  MEMBER AND MEMBER’S INVITEES ASSUME ALL RISKS AND DANGER INCIDENTAL TO THE GAME OF BASKETBALL AND ALL OTHER SPORTING EVENTS AND OTHER ACTIVITIES AT THE SPECTRUM CENTER, AND THE RISKS AND DANGERS PROXIMATELY CAUSED BY OTHER EVENTS AT THE SPECTRUM CENTER, WHETHER OCCURRING PRIOR TO, DURING OR SUBSEQUENT TO, THE ACTUAL PLAYING OF THE GAME OR OTHER EVENT, SUCH AS (BUT NOT LIMITED TO) THE DANGER OF BEING INJURED BY PLAYERS, OTHER FANS, BALLS OR OTHER PROJECTILES OR LOUD MUSIC OR FOR BEING EXPOSED TO OR CONTRACTING COMMUNICABLE DISEASES, INCLUDING WITHOUT LIMITATION, COVID-19 AND VARIANTS THEREOF, AND AGREE THAT THE INDEMNIFIED PARTIES, PARTICIPANTS IN AND PROMOTERS OF OTHER ACTIVITIES,  AND THEIR RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, SHAREHOLDERS, MEMBERS, CONTRACTORS, AND PLAYERS AND AGENTS ARE NOT LIABLE FOR INJURIES FROM SUCH CAUSES.

9. Force Majeure Event.  Notwithstanding anything to the contrary contained herein, Licensor shall not be responsible to Member through a refund of payment or otherwise, for the termination, cancellation, postponement, rescheduling, interruption or non-performance of any Game or for the inability of Member to use the Tickets or for the performance of any other obligation hereunder due to the occurrence of a Force Majeure Event, and Member hereby waives any claim for damages or compensation should a Force Majeure Event occur.  For the purposes hereof,  “Force Majeure Event” means Preemption or any cause beyond the reasonable control of Licensor, including, without limitation, drought, flood, earthquake, storm, fire, lightning, epidemic, power outage, war, riot, civil disturbance, sabotage, explosions, strikes, lock-outs or labor disputes (including strikes, lock-outs and disputes involving NBA players or referees), inability to procure materials, failure of electrical power or other utilities, the receipt of threats or information relating to imminent danger to the Spectrum Center or parts thereof and/or its occupants which is reported as about to be caused by explosives, inflammables or otherwise,  the existence of hazardous waste, unforeseen subsurface conditions, a request or directive from any governmental entity, the absence, suspension, termination, interruption, denial, or failure of renewal of, or the pendency of any litigation relating to, any entitlements, applicable permits or any changes in law. 

10.  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 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, advertising, promotions, contests or sweepstakes, without the express written consent of the Licensor and the NBA.

11.  Use of Image. You (and the user of your Tickets) grant permission to Licensor 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.

12.  Use of Personal Information. Licensor, the NBA and each of their respective affiliates have the right to use your personal information (a) for the continued administration and maintenance of any season ticket plan and this License, (b) to  send you information on products or services that Licensor or its affiliates provide and that Licensor determines may be of interest to you, (c) to conduct other transactions that you request, (d) to provide you with information about third-party products or services that Licensor determines may be of interest to you, and/or (e) in connection with Licensor’s business related matters. To do this, Licensor may disclose your personally identifiable information such as your address, email address, and telephone number to third parties, but will not disclose personal information protected by state or federal law to third parties without your consent where applicable.

13.  Website Privacy Policy and Terms of Use.  You acknowledge and agree to the privacy policies and terms of use agreements set forth on the websites of the NBA, Licensor, Arena Owner, Arena Operator and their respective authorized ticketing companies.

14.  Joint and Several Liability.  If Member is composed of more than one person or is a partnership or joint venture, the respective individuals, partners or joint venturers shall be jointly and severally liable under this License, whether or not the individuals, partners or joint venturers are signatories to this Agreement.

15.  WAIVERS OF TRIAL BY JURY AND CLASS ACTION STATUS. LICENSOR AND MEMBER HEREBY WAIVE THEIR RIGHTS TO TRIAL BY JURY OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT ALLEGED AGAINST EACH OTHER; AND LICENSOR AND MEMBER HEREBY WAIVE ANY RIGHTS TO PROCEED BY WAY OF A CLASS ACTION, TO SERVE IN ANY REPRESENTATIVE CAPACITY FOR OTHERS, AND TO ACT AS A PRIVATE ATTORNEY GENERAL IN ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS LICENSE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF.

16.  Entire Agreement; Severability.  This License, including all information in Account Manager, constitute the complete understanding between Licensor and Member concerning Member’s Tickets and access to Games. No statements, assurances, descriptions or promises made or given to Member by any person shall be binding upon Licensor unless expressly contained in this License or any written modification thereto executed by both Licensor and Member. This License supersedes and replaces all prior season ticket licenses between Member and Licensor, and, if there is a conflict between this License and other Licensor written communications to Member and/or other Team season ticket holders, this License shall control. If any provision of this License shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this License shall be construed as if such invalid or unenforceable provision were omitted.

17.  Assignment.  This License shall not be assigned, sold, transferred or otherwise alienated or encumbered (collectively, an “Assignment”), in whole or in part, by Member, except upon the prior written consent of Licensor. Any Assignment or attempted Assignment by Member in contravention of this Section shall be null and void and shall be grounds for termination of this License by Licensor, as set forth in Section 5 above.

18.  Governing Law.  This License shall be governed by and construed in accordance with the laws of the State of North Carolina, and Member and Licensor submit to the exclusive jurisdiction of any state or federal court sitting in Charlotte, North Carolina over any suit, action, or proceeding arising out of this License.

19. Information and Communication. Licensor may send Member important information and notices from time to time regarding this License. Alternatively, such information may be posted on https://www.nba.com/hornets/ from time to time. It is the responsibility of Member to read and comply with all information, as well as read and comply with the ticket back language in effect at the time of Member’s use of each Ticket.  Member shall furthermore abide by all policies, rules, regulations, restrictions, and any amendments, updates or modifications thereto applicable to Tickets as set forth by the Arena Owner, Arena Operator, the NBA, Licensor, and other authorities. Licensor is not responsible for problems, misinformed Member guests or losses or inconveniences experienced because Member or its guest(s) did not read information contained in Account Manager, sent by Licensor or because the information was mailed to a former or incorrect e-mail or address. Member is responsible for promptly notifying Licensor, in writing, of any change in its mailing or e-mail address.