2019-20 MEMBERSHIP TERMS AND CONDITIONS

As part of the consideration for the 2019-20 Season Ticket Membership or 2019-20 Partial Plan Membership (as applicable) (the “Membership”) being licensed hereunder to the Member (as defined below) by Philadelphia 76ers, L.P. (such entity, together with the Philadelphia 76ers National Basketball Association (“NBA”) team operated by such entity, the “76ers”), the Member hereby agrees to (i) timely pay the charges set forth in the payment form(s) or invoice(s) (whether in hard copy, electronic or other format) relating to Member’s Membership subscription (the “Payment Form”; and the aggregate charges set forth therein, the “Membership Fee”), (ii) comply with the other terms and conditions set forth in the Payment Form, and (iii) comply with the terms and conditions that are set forth below and/or otherwise referenced herein or on www.nba.com/sixers/mysixerstickets (all such terms and conditions, together with the Payment Form, this “Membership License”). Each ticket covered by or otherwise licensed pursuant to this Membership License shall be referred to herein as a “Ticket”. Tickets and other benefits or privileges of Membership shall be referred to herein as “Membership Privileges”.

1. Member. The “Member” shall be the one person or legal business entity that is on record in the 76ers’ database as the registered holder of the Membership. If a Membership is registered in the name of a legal business entity, a contact person must be identified and the 76ers shall have the right to rely on the actions of such contact person as the actions of the Member. The 76ers’ acceptance of payment for Tickets or other Membership Privileges from any person or entity other than the Member does not grant any rights to Tickets or other Membership Privileges, any account access or any future account or credit rights, nor constitute an assignment or transfer thereof, to such person or entity.

2. Term. The term of this Membership License (the “Term”) shall commence on the earlier of (x) the date Member signs the Payment Form and (y) the date Member makes full or partial payment of the Membership Fee in accordance with Section 3 below, and subject to early termination as provided herein, shall continue until the later of (a) the last regular season 76ers home game of the 2019-20 NBA season, and (b) if the 76ers participate in the 2019-20 NBA Playoffs and the Member has the right pursuant to this Membership License to, and does, purchase Tickets to 76ers playoff home games for the 2019-20 NBA season (and such right is not revoked pursuant to the terms herein), the last such home playoff game of the 76ers.

3. Membership Fee. In consideration for the right to receive the Tickets and other Membership Privileges, Member shall timely pay to the 76ers the Membership Fee. Payment of the Membership Fee shall be made as selected by Member on the Payment Form. All payments by Member under this Membership License shall be made without offset, deduction or counterclaim and are non-refundable except as expressly provided otherwise herein.

4. Revocable License. Each Ticket represents a separate, limited and revocable license that only permits the bearer the right to attend the 76ers home game identified on such Ticket and sit in the seat location identified on such Ticket. No property rights, and no renewal or expectancy rights, are conveyed under this Membership License, any Ticket, or any other item the 76ers may deliver to Member under this

Membership License. This Membership License and any or all of the Tickets and other Membership Privileges are revocable at any time by the 76ers, in its sole and absolute discretion, with cause (including a breach of this Membership License) or without cause. Upon any revocation of the Membership License, the 76ers may, in its sole and absolute discretion, (i) cancel, inactivate and revoke any or all Tickets for the remaining games of the 2019-20 NBA season (and deny the holder of such revoked Tickets admission to the Arena for the games to which such revoked Tickets apply) and (ii) revoke any or all other Membership Privileges, including any right Member may have under this Membership License to purchase tickets to 76ers playoff home games for the 2019-20 NBA season. Upon a revocation of the Membership License with cause, the 76ers shall have the right to retain any prepaid portion of the Membership Fee, subject to Section 11. Upon a revocation of the Membership License without cause, the 76ers shall refund to Member any prepaid portion of the Membership Fee attributable to regular season games for which Tickets are revoked. If the 76ers revokes any Tickets with respect to any particular game with cause but do not revoke the Membership License, no refund will be paid to Member.

5. No Renewal Right; Auto-Renew; Playoff Opt-Out. (A) This Membership License covers only those 2019-20 preseason and regular season 76ers home games to which the applicable Membership applies. Member hereby acknowledges and agrees that Member neither has a reasonable expectation, nor any right or privilege, implied or otherwise, to (i) purchase or receive playoff tickets for the 2019-20 NBA season (except for the rights to such playoff tickets granted to Member on www.nba.com/sixers/mysixerstickets, which rights remain subject to 76ers’ rights under Sections 4, 6 and 11), or any subsequent NBA season(s), (ii) purchase or receive tickets or other Membership Privileges for any subsequent season(s) or (iii) renew this Membership License for any subsequent season(s). Member further acknowledges and agrees that if the 76ers (in its sole and absolute discretion) offers Member the opportunity to renew this Membership License, neither such offer nor any acceptance by Member shall create a course of dealing between Member and the 76ers or a reasonable expectation, right or privilege, implied or otherwise, to any further renewal.

(B) If the 76ers (in its sole and absolute discretion) elects to offer Member the opportunity to renew this Membership License for the 2020-21 NBA season, this Membership License will automatically renew for the 2020-21 NBA season as follows: If Member receives notice from the 76ers (“Auto-Renew Notice”) setting forth or otherwise directing Member (including via hyperlink) to the price(s) and seat location(s), as well as certain terms and conditions, of Member’s Membership License for the 2020-21 NBA season, Member must notify the 76ers, in the manner prescribed by the 76ers in the Auto-Renew Notice and within a minimum of two (2) weeks following receipt of such notice (the “Response Deadline”), that Member wishes not to renew Member’s Membership License for the 2020-21 NBA season. The exact amount of time that Member will have to provide notice to 76ers will be provided to Member in the Auto-Renew Notice. If Member does not provide such notice to the 76ers by the Response Deadline, Member shall be deemed to have accepted Member’s Membership License for the 2020-21 NBA

season upon the terms and conditions set forth in or otherwise directed (including via hyperlink) by the Auto-Renew Notice (which terms and conditions may be available on www.nba.com/sixers/mysixerstickets), and Member’s credit card will be charged a non-refundable amount two (2) days following the Response Deadline in the amount set forth in the Auto-Renew Notice, and will thereafter continue to be charged by the 76ers consistent with the payment option selected on the Payment Form for the 2019-20 Membership License (or deemed selected pursuant to a previous season’s Terms and Conditions). For illustration purposes only, if Member receives the Auto-Renew Notice on January 29, 2020, Member must provide notice to the 76ers by February 12, 2020 that Member wishes not to renew, or Member’s credit card will be charged on or about February 14, 2020.

(C) If the 76ers (in its sole and absolute discretion) elects to offer Member the opportunity to purchase tickets to 76ers playoff home games for the 2019-20 NBA Playoffs (“Playoff Tickets”), Member will automatically purchase Playoff Tickets as follows: If Member receives notice from the 76ers (“Playoff Notice”) setting forth or otherwise directing (including via hyperlink) Member to the price(s), seat location(s), as well as certain terms and conditions, of Member’s purchase of Playoff Tickets, Member must notify the 76ers, in the manner prescribed by the 76ers in the Playoff Notice and within two (2) weeks following receipt of such notice (the “Playoff Response Deadline”), that Member wishes not to purchase Playoff Tickets. If Member does not provide such notice by the Playoff Response Deadline, Member shall be deemed to have accepted Member’s Playoff Tickets upon the terms and conditions set forth in or other directed (including via hyperlink) by the Playoff Notice, and, unless otherwise indicated in the Playoff Notice, Member’s credit card will be charged a non-refundable amount two (2) days following the Playoff Response Deadline in the amount set forth in the Playoff Notice. For illustration purposes only, if Member receives the Playoff Notice on March 1, 2020, Member must provide notice to the 76ers by March 15, 2020 that Member wishes not to renew, or Member’s credit card will be charged on or about March 17, 2020.

6. Limits on Transferability. Member shall not sell, assign or otherwise transfer for consideration (i) this Membership License, or (ii) any Membership Privileges (other than Tickets), in each case, without the 76ers’ express written consent. Any sale, assignment or transfer of Tickets must be in compliance with applicable law. Upon any violation of this Section 6, the 76ers shall have the right to revoke this Membership License, the Tickets and the other Membership Privileges as a revocation with cause under Section 4.

7. Non-Occurrence of Events; Other Events; Neutral Site Events. Nothing herein, including without limitation the 76ers’ issuance of Tickets, shall operate as or constitute any warranty, representation, covenant or guarantee by the 76ers that any number of games (including playoff games) shall occur at Arena. Member acknowledges and agrees that the revocable rights to Tickets are solely for the 2019-20 NBA preseason and regular season games (and, if expressly provided in this Membership License, the right to purchase tickets for playoff games) presented by the 76ers and played at the Wells Fargo Center in Philadelphia, Pennsylvania (the “Arena”), and for the avoidance of doubt, shall not include tickets, or the right to purchase tickets, to any other event or game, including, but not limited to, any neutral site game, NBA All Star or NBA Draft event) (x) that is held in the 76ers’ market or hosted by the NBA at the Arena or (y) in which the 76ers participates that is held at a

location other than the Arena (each of (x) or (y), a “League Special Game”). Member acknowledges and agrees that the 76ers and/or NBA may cancel, postpone, reschedule or relocate games for any reason (e.g., move a preseason or regular season game of the 76ers from the Arena to an alternate venue for the purposes of playing a League Special Game or addressing a force majeure event or occupancy condition), 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. In the event any game for which Tickets have been purchased under this Membership License is not played or presented in the Arena for any reason (each, a “Lost Game”), including, without limitation, a work stoppage or labor dispute by and among the NBA and/or their respective players or any other cause, (i) such event shall in no way be deemed, argued or construed to be a breach by 76ers of this Membership License or any other terms, conditions, agreement or other duties or obligations in connection with the sale and use of Tickets, and (ii) Member hereby waives and releases any and all claims Member may have against the 76ers, the other Releasees (as defined in Section 12) and/or the NBA with respect to such Lost Game.

8. Use of Images; Unauthorized Reproductions. (A) Member grants permission to the 76ers and the NBA (and their designees and agents) to utilize Member’s and any of Member’s guests and other Ticket holders’ image (and Member represents, warrants and covenants that it has or will obtain all approvals needed to provide such permission), likeness, voice, 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, or in connection with, a 76ers game (whether in or outside the Arena) in any medium, whether now known or hereinafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. (B) Member agrees not to transmit, distribute or sell (or aid in transmitting, distributing or selling), in any media now or hereafter existing, any description, account, picture, video, audio or other form of exploitation or reproduction of the event or any surrounding activities (in whole or in part) for which a Ticket is issued, in including any or other Membership Privileges.

9. Compliance with Rules and Regulations. (A) Member shall, and shall cause all guests using Tickets or other Membership Privileges to, comply with (i) all rules, regulations, policies and procedures adopted from time to time by the 76ers, the Arena and/or the NBA, including, without limitation, (x) all policies with respect to the cancellation, postponement or rescheduling of a 76ers home game, (y) all announcements issued over Arena’s public address system, and (z) the NBA Fan Code of Conduct and other NBA rules related to fan conduct or otherwise, and (ii) all applicable federal, state and local laws, rules, regulations and orders of government authorities. (B) 76ers reserve the right to revoke Member’s Membership License, and/or refuse admission to or eject from the Arena any person whose conduct it deems disorderly or otherwise in violation of any rules, regulations, policies, procedures, orders or laws referenced above. If Member or any guest thereof is refused entry to or ejected from the Arena for such reason, Member shall forfeit any claim for a refund or credit. (C) The 76ers reserve the right to take appropriate action against individuals who fraudulently or otherwise improperly obtain wheelchair and companion seats including, without limitation, ejection and legal action.

10. Location Change. The 76ers reserve the right to relocate the Tickets to any other location in the Arena (with a price adjustment, if applicable, based on the rate at which 76ers is offering the new seats for sale at the time of relocation) if 76ers determines, in its sole discretion, such relocation is advisable to facilitate any construction project or other alteration or modification to the Arena, or due to any NBA requirements, government requirements or other reasons beyond the reasonable control of the 76ers. If 76ers exercises such right, 76ers agrees to use its reasonable efforts to provide a reasonably comparable location. Member acknowledges that 76ers makes no guarantee of any specific locations and that the alternative locations will be provided based on availability.

11. Default/Termination. Member shall be in default under this Membership License if Member (a) fails to remit any payment in accordance with the terms of this Membership License (including any rejection of any automated payment or debit or any credit card under any payment plan) or (b) fails to comply with or perform any of the other terms, obligations, covenants, or conditions in this Membership License. Upon any such default, then in addition to any and all other rights and remedies available to the 76ers and its affiliates under this Membership License, at law or in equity or otherwise, the 76ers may, in its sole and absolute discretion, do any one or more of the following: (i) cancel, inactivate and revoke all or a portion of the Tickets and other Membership Privileges (and deny admission into Arena), (ii) apply any amounts previously paid (regardless of which games or benefits such amounts are attributable to) towards any Damages (as defined below) with no obligation to return or refund such amounts except as set forth in the proviso to this sentence, (iii) if Member is expressly granted the right to purchase Tickets to 76ers home playoff games in this Membership License, revoke such right, (iv) suspend all or any portion of Member’s rights hereunder, and (v) terminate this Membership License and any or all of Member’s rights under this Membership License for cause, in each case, with no further liability or obligation of any kind to Member, provided that 76ers shall refund to Member any amount previously paid by Member in excess of the damages caused by all defaults of Member or its guests, licensees or affiliate (including without limitation costs of collection of any amounts due, allocable costs of in-house counsel and other attorneys’ fees and other costs and expenses incurred in connection with enforcement of remedies for such default) (collectively, “Damages”). Except as expressly required by applicable law, 76ers shall have no duty to mitigate its damages as a result of a breach or default by Member and any amounts received by 76ers from any re-sale of the Tickets or other Membership Privileges shall not reduce Member’s obligations hereunder. Interest on all late amounts due shall accrue from the date of non-payment until paid in full at a rate equal to the lesser of one and one-half percent (1.5%) per month or the maximum rate permissible under Pennsylvania law. Member acknowledges that (i) 76ers plans to fully enforce its rights under this Membership License; and (ii) in entering into this Membership License, Member has not relied upon any prior policies or practices of Member related to enforcement of (or any waiver or failure to enforce) any obligations similar to those contemplated hereunder (for non-payment or otherwise). No failure by the 76ers to exercise any right or remedy in connection with a breach by any person or entity of any provision hereunder (or the corresponding provision in the membership license of another person or entity) shall operate as a waiver of such right or remedy with respect to a breach by any other person or entity (including Member) of such provision (or the corresponding provision in this Membership License or the membership license of another person or entity). The provisions of

Sections 8, 11, 12, 13, 14, 15, 16, 17 and 18 shall survive the termination or expiration of this Membership License.

12. Liability. (A) The 76ers’ and the other Releasees’ (as defined below) liability for damages of any kind arising out of this Membership License is limited to a refund of the actual purchase price paid by Member for Tickets to games not yet played under this Membership License. This remedy is exclusive except as expressly provided otherwise herein. For the avoidance of doubt, except as provided otherwise herein, in no event shall the 76ers or any other Releasee be liable for any other direct, indirect, incidental 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. (B) Member, on behalf of itself, its guests and any holder of any Ticket, assumes all risk arising from, or related in any way to, any use of the Tickets (including, without limitation, at any 76ers game) or any other Membership Privileges (whether occurring prior to, during, or after such use), howsoever caused and whether by negligence or otherwise (except where prohibited by law as described in Section 18 below). Member waives and releases, to the fullest extent permitted by law, all claims, whether known or unknown, relating to or arising from any such injury, loss or damage against 76ers, 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”). Member acknowledges and agrees that the Releasees shall not be responsible for any such injury, loss or damage (including for lost or stolen property). (C) Member shall indemnify and hold harmless, to the fullest extent permitted by law, all Releasees from and against any liabilities, losses, damages, claims, demands, choses in action, costs and expenses, including reasonable attorneys’ fees (including in any action between Member and the 76ers 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 Membership License, or violation of any applicable law, rule, regulation or order, in each case, by Member, any of Member’s guests or any holder of Member’s Tickets.

IF MEMBER IS A NEW JERSEY RESIDENT OR OTHERWISE HAS RIGHTS UNDER NEW JERSEY’S CONSUMER PROTECTION LAWS, NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.

13. Severability. If any term or provision of this Membership License, or the application thereof to any person, entity or circumstance, shall to any extent be held invalid or unenforceable in any jurisdiction, then (a) as to such jurisdiction, the remainder of this Membership License, or the application of such term or provision to persons, entities or circumstances other than those as to which such term or provision is held invalid or unenforceable in such jurisdiction, shall not be affected thereby, (b) the tribunal making such determination shall have the power to (and the parties shall request that the tribunal) reduce the scope, duration, area or applicability of such provision, to delete specific words or phrases, or to replace any invalid or unenforceable provision with a provision that is valid and enforceable and comes closest to expressing the intention of the invalid or unenforceable provision, and (c) each remaining term and

provision of this Membership License shall be valid and enforceable to the fullest extent permitted by applicable law. Any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, each of 76ers and Member hereby waives any provision of law that would render any provision of this Membership License unenforceable in any respect. Notwithstanding anything to the contrary in this Membership License, to the extent any portion of Section 14(i) is held to be invalid or unenforceable as to a party, the entirety of Section 14(i) shall be null and void as to that party.

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.

14. Miscellaneous.

a. 76ers’ obligation to provide the Tickets and the other Membership Privileges shall be subject and subordinate to (i) all NBA rules and regulations, (ii) all applicable laws, rules and regulations, and (iii) the terms of 76ers’ right to use the Arena pursuant to any applicable lease or license, as such lease or license may be amended from time to time.

b. 76ers retains the right to reschedule the date or the start time of any game and shall not be liable to Member for any reason related to any rescheduling.

c. The 76ers are not responsible for lost or stolen tickets, and any reissuance of tickets shall be at the discretion of the 76ers and may be subject to processing fees determined by the 76ers. Tickets not obtained from sources authorized by 76ers may not be honored.

d. No Tickets or other Membership Privileges issued hereunder may be used for advertising, promotion (including contests and sweepstakes) or other trade or commercial purposes without the 76ers’ express written consent.

e. The use of any Ticket or other Membership Privilege hereunder in violation of this Membership License, with or without Member’s knowledge, is Member’s responsibility and Member shall remain absolutely and unconditionally responsible for any such violations.

f. In the event any Ticket(s) is listed at an incorrect price or seat location within the Arena due to typographical or other error, 76ers shall have the right to refuse or cancel any orders placed for such Ticket(s), whether or not the order has been confirmed and Member’s payment processed.

g. All requests and notices from a Member must be provided in writing to Philadelphia 76ers, L.P., 3 Banner Way, Camden, NJ 08103, Attn: Ticket Sales and Service Dept. or by email to Member’s Account Manager. Such requests shall be submitted with Member’s name, account number, daytime phone number and accompanied by Member’s signature. It is Member’s responsibility to notify the 76ers in writing or by email of any changes to Member’s address, email address and/or phone number.

h. This Membership License shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed entirely in Pennsylvania and without regard to the conflicts of laws principles thereof. SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14(h).

i. This Membership License and the terms printed on each individual game Ticket constitute the entire agreement between the parties with respect to Member’s Membership and supersedes all prior and contemporaneous negotiations, understandings or agreements (whether in advertising or marketing materials or otherwise) with respect to the subject matter hereof.

j. None of the provisions of this Membership License can be waived except in a writing signed by the 76ers. No failure by the 76ers to exercise any right under this Membership License shall operate as a waiver of such right, nor shall any single or partial exercise of any right preclude any other or further exercise of that right or the exercise of any other rights. The waiver by the 76ers of any breach of this Membership License shall not be deemed a waiver of any prior or subsequent breach. All remedies of the 76ers shall be cumulative and the pursuit of one remedy shall not be deemed a waiver of any other remedy.

k. Time shall be of the essence with respect to Member’s obligations under this Membership License.

l. Member represents and warrants that (i) it has full power and legal authority to enter into and perform this Membership License in accordance with its terms and (ii) this Membership License has been duly executed and delivered by Member and constitutes a legal, valid and binding obligation of Member enforceable in accordance with its terms.

15. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER

Member and the 76ers agree that all disputes, controversies or claims arising out of or related to this Membership License (referred to as a “Claim”) will be resolved as follows:

(A) INFORMAL RESOLUTION: Member and the 76ers will first attempt to resolve any Claim informally after notice has been provided in accordance with Section 14(g) above.

(B) FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER: MEMBER SHOULD READ THE FOLLOWING ARBITRATION PROVISION AS IT LIMITS MEMBER’S RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. Member and the 76ers agree that any dispute, controversy or other Claim arising out of or relating to this Membership License, or the determination of the scope or applicability of Arbitration, shall be governed solely by the Federal Arbitration Act.

If Member and the 76ers cannot resolve a Claim informally within 30 days of written notice by one party to the other of such Claim, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both Member and the 76ers understand and agree that all disputes shall be decided by an arbitrator and that each party is waiving its rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both Member and the 76ers each agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Membership License as a court would. The 76ers and Member understand that, absent this mandatory arbitration provision, the 76ers and Member would have the right to sue in court and have a jury trial. The 76ers and Member further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The Arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Membership License, and administered by the AAA. If Member and 76ers cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in this Membership License, the rules set forth in this Membership License will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879.

Member may, in Arbitration, seek any and all remedies otherwise available to Member pursuant to the law of the governing state. If Member decides to initiate Arbitration, the 76ers shall bear the cost of any Arbitration filing fees and Arbitration fees for claims of up to $75,000, unless the arbitrator finds the Arbitration to be frivolous. Member is responsible for all other additional costs that Member may incur in connection with the Arbitration including, but not limited to attorney's fees and expert witness costs unless the 76ers are otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and Arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the 76ers and Member, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The 76ers and Member agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the Arbitration. The arbitrator must follow this Membership License and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, the 76ers and Member agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose.

If Member claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, Member may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

The Arbitration will be held at a location in Essex County, New Jersey, unless Member and the 76ers both agree to another location or telephonic Arbitration. To initiate Arbitration, Member or the 76ers must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered and a copy of this agreement to arbitrate. A copy of a Demand for Arbitration can be found at www.adr.org.

(2) Submit a Demand for Arbitration, plus the appropriate filing fee to the AAA by mail, facsimile, email, or on-line:

To file by mail send the initial filing documents and the filing fee to: AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. To file via fax send the initial filing documents and a completed charge card authorization form for the filing fee to 877-304-8457. To file by email send the filing documents and a check or a completed charge card authorization form for the filing fee to CaseFiling@adr.org. Charge card authorization forms are available at www.adr.org/Services/Forms. To file on-line via AAA WebFile, visit www.adr.org and click on File & Manage a Case and follow directions to register.

(3) Send one copy of the Demand for Arbitration to the other party.

Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither Member nor the 76ers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT MEMBER WAIVES MEMBER’S RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, Member and the 76ers agree that the AAA Rules for Class Arbitrations do not apply to any Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.

Notwithstanding the obligation to arbitrate all Claims under this Membership License, Member may choose to pursue Member’s individual claim in small claims court where jurisdiction and venue over the 76ers and Member otherwise qualifies for such small claims court and where Member’s claim does not include a request for any type of equitable relief.

16. CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Without limiting Section 15, Member and 76ers agree that any Claims will be resolved on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Member and the 76ers further agree that neither will participate in any consolidated, class or representative proceeding (existing or future) brought by any third party in connection with 2019-20 Season Ticket Memberships or 2019-20 Partial Plan Memberships (as applicable). If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the Claim will not be subject to arbitration and must be litigated in federal court in Philadelphia County, Pennsylvania. The terms of this section will also apply to any valid Claims asserted by Member against any parent, subsidiary or other affiliate of the 76ers to the extent such Claims arise out of this Membership License and/or 2019-20 Season Ticket Memberships or 2019-20 Partial Plan Memberships (as applicable).

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.

17. LIMITED TIME TO FILE CLAIMS. Member agrees that Member will assert any Claim arising out of this Membership License within one (1) year after the Claim arises, or such Claim will be barred.

SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.

18. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE. If Member is a consumer, the provisions in this Membership License are intended to be only as broad and inclusive as is permitted by the laws of Member’s State of residence.

If Member is a New Jersey resident or otherwise has rights under New Jersey’s consumer protection laws, the terms of Sections 12, 14, 15(h), 17 and 18 do not limit or waive Member’s rights under New Jersey law and the provisions in this Membership License are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, the 76ers reserve all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of Member’s State of residence.

Notwithstanding the foregoing, nothing in this Section shall modify Subsection 15(B) (“Formal Resolution by Arbitration/Class Action Waiver”).

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2019-20 MEMBERSHIP DEPOSIT TERMS AND CONDITIONS

The person or entity identified above (the “Undersigned”) acknowledges and agrees that Undersigned is making the deposit set forth above (the “Deposit”) in exchange for receiving certain priority status in respect of the potential opportunity to subscribe for a season ticket membership license for Philadelphia 76ers home games during the 2019-2020 NBA season (a “Membership”), subject to availability and the terms below.

The Undersigned acknowledges and agrees that (i) the Deposit must be applied towards a Membership on or before November 1, 2019 (the “Conversion Date”), (ii) the Membership shall be subject to availability and to additional terms and conditions to be presented at the time of subscription for the Membership, (iii) neither the Philadelphia 76ers (the “76ers”) nor any of its affiliates has made any warranty, representation, covenant or guarantee that the Undersigned will receive, or even receive the opportunity to subscribe for, any tickets at all in connection with the Deposit or the Membership, (iv) the Deposit is non-refundable, such that if the Undersigned does not (x) apply the Deposit towards a Membership on or before the Conversion Date described above (i.e., November 1, 2019), or (y) complete full payment for the Membership as provided in the Membership terms and conditions, the 76ers shall have the right to retain the Deposit as a credit that the Undersigned may use towards the purchase of group tickets, a partial plan ticket membership (subject to availability), or a suite rental to 76ers home games during the 2019-2020 NBA season only and purchased through the Philadelphia 76ers. The Membership shall be subject to the additional terms and conditions set forth below and/or otherwise referenced herein or on www.nba.com/sixers/mysixerstickets.

The Undersigned confirms that he/she has full power and authority to make the commitment and payment referenced on the reverse side hereof. The rights and obligations of the Undersigned hereunder are not assignable or transferable by Undersigned without the prior written consent of the 76ers. The 76ers obligations hereunder are subject and subordinate to all NBA rules and regulations and all applicable laws, rules and regulations.

The terms of the Deposit shall be governed by and construed in accordance with the laws of the commonwealth of Pennsylvania applicable to agreements made and to be performed entirely in Pennsylvania and without regard to the conflicts of laws principles thereof. The Undersigned hereby consents to the exclusive jurisdiction of the state and federal court in Philadelphia County, Pennsylvania, and agrees that venue in Philadelphia County, Pennsylvania is proper for the resolution of any disputes arising hereunder.

Undersigned and the 76ers agree that all disputes, controversies or claims arising out of or related to this deposit invoice (referred to as a “Claim”) will be resolved as follows:

(A) INFORMAL RESOLUTION: Undersigned and the 76ers will first attempt to resolve any Claim informally after notice has been provided to the other party in writing.

(B) FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER: UNDERSIGNED SHOULD READ THE FOLLOWING ARBITRATION PROVISION AS IT LIMITS THE UNDERSIGNED’S RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. Undersigned and the 76ers agree that any dispute, controversy or other Claim arising out of or relating to this Deposit invoice, or the determination of the scope or applicability of Arbitration, shall be governed solely by the Federal Arbitration Act.

If the Undersigned and the 76ers cannot resolve a Claim informally within 30 days of written notice by one party to the other of such Claim, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both the Undersigned and the 76ers understand and agree that all disputes shall be decided by an arbitrator and that each party is waiving its rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both the Undersigned and the 76ers each agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Deposit invoice as a court would. The 76ers and the Undersigned understand that, absent this mandatory arbitration provision, the 76ers and the Undersigned would have the right to sue in court and have a jury trial. The 76ers and the Undersigned further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The Arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms and conditions, and administered by the AAA. If the Undersigned and 76ers cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in this these terms and conditions, the rules set forth in these terms and conditions will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879.

The Undersigned may, in Arbitration, seek any and all remedies otherwise available to the Undersigned pursuant to the law of the governing state. If the Undersigned decides to initiate Arbitration, the 76ers shall bear the cost of any Arbitration filing fees and Arbitration fees for claims of up to $75,000, unless the arbitrator finds the Arbitration to be frivolous. The Undersigned is responsible for all other additional costs that the Undersigned may incur in connection with the Arbitration including, but not limited to attorney's fees and expert witness costs unless the 76ers are otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and Arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the 76ers and the Undersigned, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The 76ers and the Undersigned agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the Arbitration. The arbitrator must follow these terms and conditions and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, the 76ers and the Undersigned agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose.

If the Undersigned’s claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, the Undersigned may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

The Arbitration will be held at a location in Philadelphia County, Pennsylvania, unless the Undersigned and the 76ers both agree to another location or telephonic Arbitration. To initiate Arbitration, the Undersigned or the 76ers must do the following things: (1) Write a demand for Arbitration. The demand

must include a description of the Claim and the amount of damages sought to be recovered and a copy of this agreement to arbitrate. A copy of a Demand for Arbitration can be found at www.adr.org. (2) Submit a Demand for Arbitration, plus the appropriate filing fee to the AAA by mail, facsimile, email, or on-line. To file on-line via AAA WebFile, visit www.adr.org and click on File & Manage a Case and follow directions to register. (3) Send one copy of the Demand for Arbitration to the other party. For information on how to file by mail, fax, or email, please visit www.adr.org.

Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither the Undersigned nor the 76ers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT THE UNDERSIGNED WAIVES HIS OR HER RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, the Undersigned and the 76ers agree that the AAA Rules for Class Arbitrations do not apply to any Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.

Notwithstanding the obligation to arbitrate all Claims under these terms and conditions, the Undersigned may choose to pursue his or her individual claim in small claims court where jurisdiction and venue over the 76ers and the Undersigned otherwise qualifies for such small claims court and where the Undersigned’s claim does not include a request for any type of equitable relief.

CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Without limiting the above, the Undersigned and 76ers agree that any Claims will be resolved on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Undersigned and the 76ers further agree that neither will participate in any consolidated, class or representative proceeding (existing or future) brought by any third party in connection with this deposit invoice and these terms and conditions (as applicable). If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the Claim will not be subject to arbitration and must be litigated in federal court in Philadelphia County, Pennsylvania. The terms of this section will also apply to any valid Claims asserted by the Undersigned against any parent, subsidiary or other affiliate of the 76ers to the extent such Claims arise out of this deposit invoice and/or terms and conditions (as applicable).

CONSUMER PROTECTION NOTICE: Limitations and exclusions included herein are intended to be only as broad and inclusive as is permitted by the laws of New Jersey.

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2019-20 PARTIAL PLAN DEPOSIT TERMS AND CONDITIONS

The person or entity identified above (the “Undersigned”) acknowledges and agrees that Undersigned is making the deposit set forth above (the “Deposit”) in exchange for receiving certain priority status in respect of the potential opportunity to subscribe for a partial plan season ticket membership license for ten (10) Philadelphia 76ers home games during the 2019-2020 NBA season (a “Partial Plan Membership”), subject to availability and the terms below.

The Undersigned acknowledges and agrees that (i) the Deposit must be applied towards a Partial Plan Membership on or before December 1, 2019 (the “Conversion Date”), (ii) the Partial Plan Membership shall be subject to availability and to additional terms and conditions to be presented at the time of subscription for the Partial Plan Membership, (iii) neither the Philadelphia 76ers (the “76ers”) nor any of its affiliates has made any warranty, representation, covenant or guarantee that the Undersigned will receive, or even receive the opportunity to subscribe for, any tickets at all in connection with the Deposit or the Partial Plan Membership, (iv) the Deposit is non-refundable, such that if the Undersigned does not (x) apply the Deposit towards a Partial Plan Membership on or before the Conversion Date described above (i.e., December 1, 2019), or (y) complete full payment for the Partial Plan Membership as provided in the Partial Plan Membership terms and conditions, the 76ers shall have the right to retain the Deposit as a credit that the Undersigned may use towards the purchase of group tickets, a season ticket membership plan (subject to availability), or a suite rental to 76ers home games during the 2019-2020 NBA season only and purchased through the Philadelphia 76ers. The Partial Plan Membership shall be subject to the additional terms and conditions set forth below and/or otherwise referenced herein or on www.nba.com/sixers/mysixerstickets.

The Undersigned confirms that he/she has full power and authority to make the commitment and payment referenced on the reverse side hereof. The rights and obligations of the Undersigned hereunder are not assignable or transferable by Undersigned without the prior written consent of the 76ers. The 76ers obligations hereunder are subject and subordinate to all NBA rules and regulations and all applicable laws, rules and regulations.

The terms of the Deposit shall be governed by and construed in accordance with the laws of the commonwealth of Pennsylvania applicable to agreements made and to be performed entirely in Pennsylvania and without regard to the conflicts of laws principles thereof. The Undersigned hereby consents to the exclusive jurisdiction of the state and federal court in Philadelphia County, Pennsylvania, and agrees that venue in Philadelphia County, Pennsylvania is proper for the resolution of any disputes arising hereunder.

Undersigned and the 76ers agree that all disputes, controversies or claims arising out of or related to this deposit invoice (referred to as a “Claim”) will be resolved as follows:

(A) INFORMAL RESOLUTION: Undersigned and the 76ers will first attempt to resolve any Claim informally after notice has been provided to the other party in writing.

(B) FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER: UNDERSIGNED SHOULD READ THE FOLLOWING ARBITRATION PROVISION AS IT LIMITS THE UNDERSIGNED’S RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. Undersigned and the 76ers agree that any dispute, controversy or other Claim arising out of or relating to this Deposit invoice, or the determination of the scope or applicability of Arbitration, shall be governed solely by the Federal Arbitration Act.

If the Undersigned and the 76ers cannot resolve a Claim informally within 30 days of written notice by one party to the other of such Claim, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both the Undersigned and the 76ers understand and agree that all disputes shall be decided by an arbitrator and that each party is waiving its rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both the Undersigned and the 76ers each agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Deposit invoice as a court would. The 76ers and the Undersigned understand that, absent this mandatory arbitration provision, the 76ers and the Undersigned would have the right to sue in court and have a jury trial. The 76ers and the Undersigned further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The Arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms and conditions, and administered by the AAA. If the Undersigned and 76ers cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in this these terms and conditions, the rules set forth in these terms and conditions will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879.

The Undersigned may, in Arbitration, seek any and all remedies otherwise available to the Undersigned pursuant to the law of the governing state. If the Undersigned decides to initiate Arbitration, the 76ers shall bear the cost of any Arbitration filing fees and Arbitration fees for claims of up to $75,000, unless the arbitrator finds the Arbitration to be frivolous. The Undersigned is responsible for all other additional costs that the Undersigned may incur in connection with the Arbitration including, but not limited to attorney's fees and expert witness costs unless the 76ers are otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and Arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the 76ers and the Undersigned, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The 76ers and the Undersigned agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the Arbitration. The arbitrator must follow these terms and conditions and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, the 76ers and the Undersigned agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose.

If the Undersigned’s claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, the Undersigned may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

The Arbitration will be held at a location in Philadelphia County, Pennsylvania, unless the Undersigned and the 76ers both agree to another location or telephonic Arbitration. To initiate Arbitration, the Undersigned or the 76ers must do the following things: (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered and a copy of this agreement to arbitrate. A copy of a Demand for Arbitration can be found at www.adr.org. (2) Submit a Demand for Arbitration, plus the appropriate filing fee to the AAA by mail, facsimile, email, or on-line. To file on-line via AAA WebFile, visit www.adr.org and click on File & Manage a Case and follow directions to register. (3) Send one copy of the Demand for Arbitration to the other party. For information on how to file by mail, fax, or email, please visit www.adr.org.

Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither the Undersigned nor the 76ers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT THE UNDERSIGNED WAIVES HIS OR HER RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, the Undersigned and the 76ers agree that the AAA Rules for Class Arbitrations do not apply to any Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.

Notwithstanding the obligation to arbitrate all Claims under these terms and conditions, the Undersigned may choose to pursue his or her individual claim in small claims court where jurisdiction and venue over the 76ers and the Undersigned otherwise qualifies for such small claims court and where the Undersigned’s claim does not include a request for any type of equitable relief.

CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Without limiting the above, the Undersigned and 76ers agree that any Claims will be resolved on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Undersigned and the 76ers further agree that neither will participate in any consolidated, class or representative proceeding (existing or future) brought by any third party in connection with this deposit invoice and these terms and conditions (as applicable). If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the Claim will not be subject to arbitration and must be litigated in federal court in Philadelphia County, Pennsylvania. The terms of this section will also apply to any valid Claims asserted by the Undersigned against any parent, subsidiary or other affiliate of the 76ers to the extent such Claims arise out of this deposit invoice and/or terms and conditions (as applicable).

CONSUMER PROTECTION NOTICE: Limitations and exclusions included herein are intended to be only as broad and inclusive as is permitted by the laws of New Jersey.

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2019-20 GROUP TERMS AND CONDITIONS

In consideration for the tickets being purchased hereunder from Philadelphia 76ers, L.P. (such entity, together with the Philadelphia 76ers NBA team operated by such entity, the “76ers”), you agree to (i) timely pay the charges set forth above as and when due, (ii) comply with the other terms of purchase set forth above and (iii) comply with the following terms and conditions (such terms and conditions, together with the terms set forth above, collectively, the “Ticket License”). The terms printed on each individual game ticket shall apply to your admission to each 76ers home game under this Ticket License, and are incorporated herein by reference and made a part hereof.

CREDIT CARD. You agree to the “Automatic Payment Authorization” (APA) to pay the charges above. Only one (1) credit card per APA permitted. The card must have a valid expiration date for the duration of the APA process. A service charge or $50.00 will be assessed on each declined transaction. If the credit card declines for any reason, you agree that you will be responsible for paying any remaining balance as well as the declined transaction fee immediately. If, prior to the Balance Due date, your credit card expires, it is your sole obligation to provide your ticket sales representative updated credit card information.

REVOCABLE LICENSE. Each ticket covered by this Ticket License represents a separate, limited license that only permits the bearer the right to attend the 76ers home game identified on such ticket and sit in the seat location identified on such ticket. This Ticket License and the tickets covered hereby are revocable at any time by the 76ers in its sole and absolute discretion, with or without cause. The 76ers are not responsible for lost or stolen tickets.

COMPLIANCE WITH RULES AND REGULATIONS. (A) You shall comply with (i) all rules, regulations, policies and procedures adopted from time to time by the 76ers, the management of the Wells Fargo Center (the “Arena”) and/or the National Basketball Association(“NBA”), including, without limitation, (x)all policies with respect to the cancelation, postponement or rescheduling of a 76ers home game and (y) all announcements issued over the Arena’s public address system, and (ii)all applicable federal, state and local laws, rules, and regulations and orders of government authorities. (B) Neither you nor any of your guests may bring any food or beverages into the Arena, (C) The 76ers reserve the right to take appropriate action against individuals who fraudulently obtain wheelchair and companion seats including, without limitation, ejection and legal action.

DEFAULT/TERMINATION. You shall be in default under this Ticket License if you (a) fail to remit payment in accordance with the terms of the Ticket License (including any rejection of any automated payment or debit under any payment plan), or (b) fail to fulfill or perform any of the other terms, obligations, covenants, or conditions in this Ticket License. Upon any such default, then in addition to any and all other rights and remedies available to the 76ers and its affiliated under this Ticket License, at law or in equity or otherwise, the 76ers may, in its sole discretion, (i) cancel and inactivate all of your tickets ( and restrict your entry into the arena), in which case you agree to immediately return all the 76ers home game ticket to the 76ers (if tickets have been issued) upon the 76ers request, (ii) accelerate all amounts due hereunder such that your entire account balance will become immediately due and owing as agreed upon liquidation damages and not as a penalty, and/or (iii) terminate this Ticket License, in each case, with no further obligation of any kind to you. You agree to pay all of the 76ers’ costs and expense (including allocable costs on in-house counsel and all other attorneys’ fees) related to the 76ers’ collection of any amounts due under, or any other enforcement of, this Ticket License. Interest on all late amounts due shall accrue at a rate equal to the lesser of one and a one-half percent (1.5%) per month or the maximum rate permissible under Pennsylvania law.

LIABILITY. The 76ers’ liability for damages of any kind arising out of this Ticket License is limited to a refund of the purchase price for the unused tickets under this Ticket License. This remedy is exclusive. In no event shall the 76ers be liable for any incidental or consequential damages. You shall indemnify and hold harmless Philadelphia 76ers, L.P., and its affiliates, and the officers, directors, managers, owners, employees, agents, successors and assigns of each of the foregoing, from and against any liabilities, losses, damages, claims, demands, choses in action, costs and expenses, including reasonable attorneys’ fees (including any in action between you and the 76ers or any other indemnified party, or by 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 Ticket License, or violation of any applicable law, rule, regulation or order, by you or any of your guests. NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

DISPUTE RESOLUTION; FORMAL RESOLUTION BY ARBITRATION / CLASS ACTION WAIVER. The Ticket License shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, applicable to agreements made and to be performed entirely in Philadelphia and without regard to the conflicts of laws principles thereof. In order to expedite and control the cost of disputes, you and the 76ers agree that all disputes or claims arising out of or related to this Ticket License (referred to as a “Claim”) will be resolved as follows: Formal Resolution by Arbitration / Class Action Waiver. READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or claim arising out of or relating to this Ticket License, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act. If you and the 76ers cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and the 76ers understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and the 76ers each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Ticket License as a court would. The 76ers and you understand that, absent this mandatory arbitration provision, the 76ers and you would have the right to sue in court and have a jury trial. The 76ers and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The Arbitration shall be conducted by a single neutral arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Ticket License, and administered by the AAA. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in this Ticket License, the rules set forth in this Ticket License will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, the 76ers shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney's fees and expert witness costs unless the 76ers are otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the 76ers and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The 76ers and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Ticket License and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, the 76ers and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a Claim or defense was frivolous or asserted for an improper purpose. Special Rules in the Arbitration Proceeding. The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. Neither you nor the 76ers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any Claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and the 76ers agree that the AAA Rules for Class Arbitrations do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all claims under this Ticket License, you may choose to pursue your individual Claim in small claims court where jurisdiction and venue over the 76ers and you otherwise qualifies for such small claims court and where your Claim does not include a request for any type of equitable relief. Limited Time to File Claims: You agree that you will assert any Claim arising out of this Ticket License within one (1) year after the claim arises, or such Claim will be barred.

EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE. If you are a consumer, the provisions in this Ticket License are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey resident or otherwise have rights under New Jersey’s consumer protection laws, the terms of this Ticket License do not limit or waive your rights under New Jersey law and the provisions in this Ticket License are intended to be only as broad and inclusive as is permitted by the laws of New Jersey. In any event, the 76ers reserve all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify the “Formal Resolution by Arbitration/Class Action Waiver” subsection of this Ticket License.

MISCELLANEOUS. This Ticket License and/or any privileges you may have hereunder shall not be assigned or transferred in any manner, whether voluntary or by gift, bequest or operation of law, by you to any other person or entity without the 76ers’ express written content. No ticket(s) issues hereunder may be used for advertising, promotion (including contests and sweepstakes) or other trade or commercial purposes without the 76ers’ express written consent. The use of any ticket hereunder in violation of this Ticket License, with or without your knowledge, is your responsibility and you shall remain absolutely and unconditionally responsible for any such violations .No property rights whatsoever are conveyed under this Ticket License. In the event that any provision of this Ticket License shall be declared invalid or unenforceable for any reason by a court of component jurisdiction, such provision shall be severed from the remainder of this Ticket License, which shall remain in full force and effect. None of the provisions of this Ticket License can be waived except in a writing signed by the 76ers. No failure by the 76ers to exercise any right under this Ticket License shall operate as a waiver of such right, nor shall any signal or partial exercise of any right preclude any other or further exercise of that right or the exercise of any other right. The waiver by the 76ers of any breach of this Ticket License shall not be deemed a waiver of any prior or subsequent breach. All remedies of the 76ers shall be cumulative and the pursuit of one remedy shall not be deemed a waiver of any other remedy. Time is of the essence with respect to all obligations hereunder. If this is an account of a legal business entity, you confirm that you are an authorized representative of the above-named entity and have full power and authority to make the commitment and payment above on behalf of the entity. Any benefits and/or privileges you may have hereunder (including, but not limited to Fan Experiences and Added Value Fan Experiences) are subject to cancellation and/or change by the 76ers its in sole discretion.

FRONT PAGE

Tier A+ Games and Tier A Games (as determined in the sole discretion of 76ers)

You understand that your Ticket License is non-transferable and non-refundable. All sales are final, provided that you may decrease the agreed upon ticket quantity by up to 10% of the above-provided ticket quantity by email to your ticket sales representative on or before the Paid in Full Date, as defined below. The Group acknowledges and agrees that (i) 25% of the full balance of the Group Package (not including the $200 deposit) is due at booking, (ii) 25% of the full balance of the Group Package (not including the $200 deposit or the first installment) is due sixty (60) days prior to the Game Date, (iii) the Group Package must be paid in full no less than thirty (30) days prior to the Game Date (the “Paid in Full Date”) and, (iv) the Deposit is non-refundable, such that if the Group does not complete full payment of the foregoing amounts on or before the foregoing deadlines, the 76ers shall have the right to retain the Deposit as liquidated damages to compensate the 76ers for expenses and losses caused by such non-payment.

The Fan Experience(s), and, if applicable, the Added Value Fan Experience(s) (which, for the avoidance of doubt, require an incremental fee) are based on the initial ticket quantity indicated above, and if such ticket quantity is decreased, the Fan Experience(s), and, if applicable, the Added Value Fan Experience(s) are subject to cancellation and/or change by the 76ers in its sole discretion. The Fan Experience(s) and the Added Value Fan Experience(s) (including the incremental fee) can be found at www.nba.com/sixers/groups.

All Other Games

You understand that your Ticket License is non-transferable and non-refundable. All sales are final, provided that you may decrease the agreed upon ticket quantity by up to 10% of the above-provided ticket quantity by email to your ticket sales representative on or before the Paid in Full Date, as defined below. The Group acknowledges and agrees that (i) 10% of the full balance of the Group Package (not including the $200 deposit) is due at booking, (ii) 25% of the full balance of the Group Package (not including the $200 deposit or the first installment) is due sixty (60) days prior to the Game Date, (iii) the Group Package must be paid in full no less than thirty (30) days prior to the Game Date (the “Paid in Full Date”) and, (iv) the Deposit is non-refundable, such that if the Group does not complete full payment of the foregoing amounts on or before the foregoing deadlines, the 76ers shall have the right to retain the Deposit as liquidated damages to compensate the 76ers for expenses and losses caused by such non-payment.

The Fan Experience(s), and, if applicable, the Added Value Fan Experience(s) (which, for the avoidance of doubt, require an incremental fee) are based on the initial ticket quantity indicated above, and if such ticket quantity is decreased, the Fan Experience(s), and, if applicable, the Added Value Fan Experience(s) are subject to cancellation and/or change by the 76ers in its sole discretion. The Fan Experience(s) and the Added Value Fan Experience(s) (including the incremental fee) can be found at www.nba.com/sixers/groups.

___________________________________________________________________________________________________________________________________________________________________

 

2019-20 GROUP DEPOSIT TERMS AND CONDITIONS

The Group Leader identified on the reverse side hereof, on behalf of the organization/group identified on the reverse side hereof (together, the “Group”), acknowledges and agrees that the Group will receive certain priority and other benefits and incentives in exchange for making an initial deposit (the “Deposit”) towards a group ticket purchase package (a “Group Package”) for a Philadelphia 76ers home game during the 2019-2020 NBA season (a “Home Game”).

The Group acknowledges and agrees that (i) the Deposit must be applied towards a Group Package on or before January 1, 2020 (the “Conversion Date”), (ii) the Group Package shall be subject to availability and to additional terms and conditions to be presented at the time or purchase of the Group Package, (iii) neither the Philadelphia 76ers (the “76ers”) nor any of its affiliates has made any warranty, representation, covenant or guarantee that the Group will receive a specific Home Game or a specific location at a Home Game in connection with the Deposit or the Group Package, (iv) the Deposit is non-refundable, such that if the Group does not (x) apply the Deposit towards a Group Package on or before the Conversion Date (i.e., January 1, 2020), or (y) complete full payment for the Group Package, the 76ers shall have the right to retain the Deposit as liquidated damages to compensate the 76ers for expenses and losses caused by such non-payment.

The 76ers retains the right at any time to revoke any Group Package tickets by refunding the actual amounts paid for such tickets. The rights and obligations of the Group hereunder are not assignable or transferable without the express written consent of the 76ers. All holders of tickets shall also be subject to the terms printed on each individual game ticket purchased as part of the Group Package. Tickets may not be used for advertising, promotion, contests, sweepstakes or other trade purposes without the express written consent of the 76ers. The 76ers 2019-2020 home schedule is subject to change.

Group Leader confirms that he/she is an authorized representative of the Group and has full power and authority to make the commitment and payment referenced on the reverse side hereof on behalf of the Group.

The provision of any complimentary tickets to the Group may be made at the 76ers sole discretion. Complimentary tickets shall not be entitled to any exchange or refund if a 76ers game is canceled for any reason.

The 76ers obligation to provide ticket and other benefits herein shall be subject and subordinate to: (i) all NBA rules and regulations, (ii) applicable laws, rules and regulations, and (iii) 76ers’ right to use the Wells Fargo Center pursuant to any applicable lease or license.

The Deposit and any Group Package shall be governed by and construed in accordance with the laws of the commonwealth of Pennsylvania applicable to agreements made and to be performed entirely in Pennsylvania and without regard to the conflicts of laws principles thereof. Group hereby consents to the exclusive jurisdiction of the state and federal court in Philadelphia County, Pennsylvania, and agrees that venue in Philadelphia County, Pennsylvania is proper for the resolution of any disputes arising hereunder.

CONSUMER PROTECTION NOTICE: Limitations and exclusions included herein are intended to be only as broad and inclusive as is permitted by the laws of New Jersey.

If the Deposit is to be paid by credit card, the Group Leader agrees to “Automatic Payment Authorization” (APA) thereby authorizing the 76ers to charge the credit card listed to pay the amount listed on the reverse side hereof. Only one (1) credit card per APA permitted. The card must have a valid expiration date for the duration of the APA process. A service charge of $50.00 will be assessed on all declined transactions. If the credit card declines for any reason, Group Leader agrees that he/she will be responsible for paying any remaining balance as well as any declined transaction.

___________________________________________________________________________________________________________________________________________________________________

 

2019-20 SUITE TERMS AND CONDITIONS

In consideration for the tickets being purchased hereunder from Philadelphia 76ers, L.P. (such entity, together with the Philadelphia 76ers NBA team operated by such entity, the “76ers”), you agree to (i) timely pay the charges set forth above as and when due, (ii) comply with the other terms of purchase set forth above, (iii) comply with additional terms and conditions to be presented at the time of purchase, including those provided by Spectrum Arena Limited Partnership as operator of the Wells Fargo Center and (iv) comply with the following terms and conditions (such terms and conditions, together with the terms set forth above, collectively, the “Ticket License”). The terms printed on each individual game ticket shall apply to your admission to each 76ers home game under this Ticket License, and are incorporated herein by reference and made a part hereof.

CREDIT CARD. You agree to the “Automatic Payment Authorization” (APA) to pay the charges above. Only one (1) credit card per APA permitted. The card must have a valid expiration date for the duration of the APA process. A service charge or $50.00 will be assessed on each declined transaction. If the credit card declines for any reason, you agree that you will be responsible for paying any remaining balance as well as the declined transaction fee immediately. If, prior to the Balance Due date, your credit card expires, it is your sole obligation to provide your ticket sales representative updated credit card information.

REVOCABLE LICENSE. Each ticket covered by this Ticket License represents a separate, limited license that only permits the bearer the right to attend the 76ers home game identified on such ticket and sit in the seat location identified on such ticket. This Ticket License and the tickets covered hereby are revocable at any time by the 76ers in its sole and absolute discretion, with or without cause. The 76ers are not responsible for lost or stolen tickets.

COMPLIANCE WITH RULES AND REGULATIONS. (A) You shall comply with (i) all rules, regulations, policies and procedures adopted from time to time by the 76ers, the management of the Wells Fargo Center (the “Arena”) and/or the National Basketball Association(“NBA”), including, without limitation, (x)all policies with respect to the cancelation, postponement or rescheduling of a 76ers home game and (y) all announcements issued over the Arena’s public address system, and (ii)all applicable federal, state and local laws, rules, and regulations and orders of government authorities. (B) Neither you nor any of your guests may bring any food or beverages into the Arena, (C) The 76ers reserve the right to take appropriate action against individuals who fraudulently obtain wheelchair and companion seats including, without limitation, ejection and legal action.

DEFAULT/TERMINATION. You shall be in default under this Ticket License if you (a) fail to remit payment in accordance with the terms of the Ticket License (including any rejection of any automated payment or debit under any payment plan), or (b) fail to fulfill or preform any of the other terms, obligations, covenants, or conditions in this Ticket License. Upon any such default, then in addition to any and all other rights and remedies available to the 76ers and its affiliated under this Ticket License, at law or in equity or otherwise, the 76ers may, in its sole discretion, (i) cancel and inactivate all of your tickets ( and restrict your entry into the arena), in which case you agree to immediately return all the 76ers home game ticket to the 76ers (if tickets have been issued) upon the 76ers request, (ii) accelerate all amounts due hereunder such that your entire account balance will become immediately due and owing as agreed upon liquidation damages and not as a penalty, and/or (iii) terminate this Ticket License, in each case, with no further obligation of any kind to you. You agree to pay all of the 76ers’ costs and expense (including allocable costs on in-house counsel and all other attorneys’ fees) related to the 76ers’ collection of any amounts due under, or any other enforcement of, this Ticket License. Interest on all late amounts due shall accrue at a rate equal to the lesser of one and a one-half percent (1.5%) per month or the maximum rate permissible under Pennsylvania law.

LIABILITY. The 76ers’ liability for damages of any kind arising out of this Ticket License is limited to a refund of the purchase price for the unused tickets under this Ticket License. This remedy is exclusive. In no event shall the 76ers be liable for any incidental or consequential damages. You shall indemnify and hold harmless Philadelphia 76ers, L.P., and its affiliates, and the officers, directors, managers, owners, employees, agents, successors and assigns of each of the foregoing, from and against any liabilities, losses, damages, claims, demands, choses in action, costs and expenses, including reasonable attorneys’ fees (including any in action between you and the 76ers or any other indemnified party, or by 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 Ticket License, or violation of any applicable law, rule, regulation or order, by you or any of your guests. NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

DISPUTE RESOLUTION; FORMAL RESOLUTION BY ARBITRATION / CLASS ACTION WAIVER. The Ticket License shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, applicable to agreements made and to be performed entirely in Philadelphia and without regard to the conflicts of laws principles thereof. In order to expedite and control the cost of disputes, you and the 76ers agree that all disputes or claims arising out of or related to this Ticket License (referred to as a “Claim”) will be resolved as follows: Formal Resolution by Arbitration / Class Action Waiver. READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or claim arising out of or relating to this Ticket License, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act. If you and the 76ers cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and the 76ers understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and the 76ers each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Ticket License as a court would. The 76ers and you understand that, absent this mandatory arbitration provision, the 76ers and you would have the right to sue in court and have a jury trial. The 76ers and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The Arbitration shall be conducted by a single neutral arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Ticket License, and administered by the AAA. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in this Ticket License, the rules set forth in this Ticket License will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, the 76ers shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney's fees and expert witness costs unless the 76ers are otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the 76ers and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The 76ers and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Ticket License and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, the 76ers and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a Claim or defense was frivolous or asserted for an improper purpose. Special Rules in the Arbitration Proceeding. The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. Neither you nor the 76ers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any Claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and the 76ers agree that the AAA Rules for Class Arbitrations do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all claims under this Ticket License, you may choose to pursue your individual Claim in small claims court where jurisdiction and venue over the 76ers and you otherwise qualifies for such small claims court and where your Claim does not include a request for any type of equitable relief. Limited Time to File Claims: You agree that you will assert any Claim arising out of this Ticket License within one (1) year after the claim arises, or such Claim will be barred.

EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE. If you are a consumer, the provisions in this Ticket License are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey resident or otherwise have rights under New Jersey’s consumer protection laws, the terms of this Ticket License do not limit or waive your rights under New Jersey law and the provisions in this Ticket License are intended to be only as broad and inclusive as is permitted by the laws of New Jersey. In any event, the 76ers reserve all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify the “Formal Resolution by Arbitration/Class Action Waiver” subsection of this Ticket License.

MISCELLANEOUS. This Ticket License and/or any privileges you may have hereunder shall not be assigned or transferred in any manner, whether voluntary or by gift, bequest or operation of law, by you to any other person or entity without the 76ers’ express written content. No ticket(s) issues hereunder may be used for advertising, promotion (including contests and sweepstakes) or other trade or commercial purposes without the 76ers’ express written consent. The use of any ticket hereunder in violation of this Ticket License, with or without your knowledge, is your responsibility and you shall remain absolutely and unconditionally responsible for any such violations .No property rights whatsoever are conveyed under this Ticket License. In the event that any provision of this Ticket License shall be declared invalid or unenforceable for any reason by a court of component jurisdiction, such provision shall be severed from the remainder of this Ticket License, which shall remain in full force and effect. None of the provisions of this Ticket License can be waived except in a writing signed by the 76ers. No failure by the 76ers to exercise any right under this Ticket License shall operate as a waiver of such right, nor shall any signal or partial exercise of any right preclude any other or further exercise of that right or the exercise of any other right. The waiver by the 76ers of any breach of this Ticket License shall not be deemed a waiver of any prior or subsequent breach. All remedies of the 76ers shall be cumulative and the pursuit of one remedy shall not be deemed a waiver of any other remedy. Time is of the essence with respect to all obligations hereunder. If this is an account of a legal business entity, you confirm that you are an authorized representative of the above-named entity and have full power and authority to make the commitment and payment above on behalf of the entity.

FRONT PAGE

Tier A Games (as determined in the sole discretion of 76ers)

You understand that your Suite Rental is non-transferable and non-refundable. All sales are final. You acknowledge and agree that (i) 50% of the full balance of the Suite Rental (not including the $200 deposit) is due at booking, and (ii) the Suite Rental must be paid in full no less than thirty (30) days prior to the Game Date (the “Paid in Full Date”) and, (iv) the Deposit is non-refundable, such that if You do not complete full payment of the foregoing amounts on or before the foregoing deadlines, the 76ers shall have the right to retain the Deposit as liquidated damages to compensate the 76ers for expenses and losses caused by such non-payment.

All Other Games

You understand that your Suite Rental is non-transferable and non-refundable. All sales are final. You acknowledge and agree that (i) 50% of the full balance of the Suite Rental (not including the $200 deposit) is due at booking, and (ii) the Suite Rental must be paid in full no less than thirty (30) days prior to the Game Date (the “Paid in Full Date”) and, (iv) the Deposit is non-refundable, such that if You do not complete full payment of the foregoing amounts on or before the foregoing deadlines, the 76ers shall have the right to retain the Deposit as liquidated damages to compensate the 76ers for expenses and losses caused by such non-payment.

___________________________________________________________________________________________________________________________________________________________________

 

2019-20 SUITE DEPOSIT TERMS AND CONDITIONS

In consideration for the tickets being purchased hereunder from Philadelphia 76ers, L.P. (such entity, together with the Philadelphia 76ers NBA team operated by such entity, the “76ers”), you agree to (i) timely pay the charges set forth above as and when due, (ii) comply with the other terms of purchase set forth above, (iii) comply with additional terms and conditions to be presented at the time of purchase, including those provided by Spectrum Arena Limited Partnership as operator of the Wells Fargo Center and (iv) comply with the following terms and conditions (such terms and conditions, together with the terms set forth above, collectively, the “Ticket License”). The terms printed on each individual game ticket shall apply to your admission to each 76ers home game under this Ticket License, and are incorporated herein by reference and made a part hereof.

CREDIT CARD. You agree to the “Automatic Payment Authorization” (APA) to pay the charges above. Only one (1) credit card per APA permitted. The card must have a valid expiration date for the duration of the APA process. A service charge or $50.00 will be assessed on each declined transaction. If the credit card declines for any reason, you agree that you will be responsible for paying any remaining balance as well as the declined transaction fee immediately. If, prior to the Balance Due date, your credit card expires, it is your sole obligation to provide your ticket sales representative updated credit card information.

REVOCABLE LICENSE. Each ticket covered by this Ticket License represents a separate, limited license that only permits the bearer the right to attend the 76ers home game identified on such ticket and sit in the seat location identified on such ticket. This Ticket License and the tickets covered hereby are revocable at any time by the 76ers in its sole and absolute discretion, with or without cause. The 76ers are not responsible for lost or stolen tickets.

COMPLIANCE WITH RULES AND REGULATIONS. (A) You shall comply with (i) all rules, regulations, policies and procedures adopted from time to time by the 76ers, the management of the Wells Fargo Center (the “Arena”) and/or the National Basketball Association(“NBA”), including, without limitation, (x)all policies with respect to the cancelation, postponement or rescheduling of a 76ers home game and (y) all announcements issued over the Arena’s public address system, and (ii)all applicable federal, state and local laws, rules, and regulations and orders of government authorities. (B) Neither you nor any of your guests may bring any food or beverages into the Arena, (C) The 76ers reserve the right to take appropriate action against individuals who fraudulently obtain wheelchair and companion seats including, without limitation, ejection and legal action.

DEFAULT/TERMINATION. You shall be in default under this Ticket License if you (a) fail to remit payment in accordance with the terms of the Ticket License (including any rejection of any automated payment or debit under any payment plan), or (b) fail to fulfill or preform any of the other terms, obligations, covenants, or conditions in this Ticket License. Upon any such default, then in addition to any and all other rights and remedies available to the 76ers and its affiliated under this Ticket License, at law or in equity or otherwise, the 76ers may, in its sole discretion, (i) cancel and inactivate all of your tickets ( and restrict your entry into the arena), in which case you agree to immediately return all the 76ers home game ticket to the 76ers (if tickets have been issued) upon the 76ers request, (ii) accelerate all amounts due hereunder such that your entire account balance will become immediately due and owing as agreed upon liquidation damages and not as a penalty, and/or (iii) terminate this Ticket License, in each case, with no further obligation of any kind to you. You agree to pay all of the 76ers’ costs and expense (including allocable costs on in-house counsel and all other attorneys’ fees) related to the 76ers’ collection of any amounts due under, or any other enforcement of, this Ticket License. Interest on all late amounts due shall accrue at a rate equal to the lesser of one and a one-half percent (1.5%) per month or the maximum rate permissible under Pennsylvania law.

LIABILITY. The 76ers’ liability for damages of any kind arising out of this Ticket License is limited to a refund of the purchase price for the unused tickets under this Ticket License. This remedy is exclusive. In no event shall the 76ers be liable for any incidental or consequential damages. You shall indemnify and hold harmless Philadelphia 76ers, L.P., and its affiliates, and the officers, directors, managers, owners, employees, agents, successors and assigns of each of the foregoing, from and against any liabilities, losses, damages, claims, demands, choses in action, costs and expenses, including reasonable attorneys’ fees (including any in action between you and the 76ers or any other indemnified party, or by 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 Ticket License, or violation of any applicable law, rule, regulation or order, by you or any of your guests. NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

DISPUTE RESOLUTION; FORMAL RESOLUTION BY ARBITRATION / CLASS ACTION WAIVER. The Ticket License shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, applicable to agreements made and to be performed entirely in Philadelphia and without regard to the conflicts of laws principles thereof. In order to expedite and control the cost of disputes, you and the 76ers agree that all disputes or claims arising out of or related to this Ticket License (referred to as a “Claim”) will be resolved as follows: Formal Resolution by Arbitration / Class Action Waiver. READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or claim arising out of or relating to this Ticket License, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act. If you and the 76ers cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and the 76ers understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and the 76ers each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Ticket License as a court would. The 76ers and you understand that, absent this mandatory arbitration provision, the 76ers and you would have the right to sue in court and have a jury trial. The 76ers and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The Arbitration shall be conducted by a single neutral arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Ticket License, and administered by the AAA. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in this Ticket License, the rules set forth in this Ticket License will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, the 76ers shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in connection with the arbitration including, but not limited to attorney's fees and expert witness costs unless the 76ers are otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the 76ers and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The 76ers and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Ticket License and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, the 76ers and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a Claim or defense was frivolous or asserted for an improper purpose. Special Rules in the Arbitration Proceeding. The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. Neither you nor the 76ers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any Claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and the 76ers agree that the AAA Rules for Class Arbitrations do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all claims under this Ticket License, you may choose to pursue your individual Claim in small claims court where jurisdiction and venue over the 76ers and you otherwise qualifies for such small claims court and where your Claim does not include a request for any type of equitable relief. Limited Time to File Claims: You agree that you will assert any Claim arising out of this Ticket License within one (1) year after the claim arises, or such Claim will be barred.

EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE. If you are a consumer, the provisions in this Ticket License are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey resident or otherwise have rights under New Jersey’s consumer protection laws, the terms of this Ticket License do not limit or waive your rights under New Jersey law and the provisions in this Ticket License are intended to be only as broad and inclusive as is permitted by the laws of New Jersey. In any event, the 76ers reserve all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify the “Formal Resolution by Arbitration/Class Action Waiver” subsection of this Ticket License.

MISCELLANEOUS. This Ticket License and/or any privileges you may have hereunder shall not be assigned or transferred in any manner, whether voluntary or by gift, bequest or operation of law, by you to any other person or entity without the 76ers’ express written content. No ticket(s) issues hereunder may be used for advertising, promotion (including contests and sweepstakes) or other trade or commercial purposes without the 76ers’ express written consent. The use of any ticket hereunder in violation of this Ticket License, with or without your knowledge, is your responsibility and you shall remain absolutely and unconditionally responsible for any such violations .No property rights whatsoever are conveyed under this Ticket License. In the event that any provision of this Ticket License shall be declared invalid or unenforceable for any reason by a court of component jurisdiction, such provision shall be severed from the remainder of this Ticket License, which shall remain in full force and effect. None of the provisions of this Ticket License can be waived except in a writing signed by the 76ers. No failure by the 76ers to exercise any right under this Ticket License shall operate as a waiver of such right, nor shall any signal or partial exercise of any right preclude any other or further exercise of that right or the exercise of any other right. The waiver by the 76ers of any breach of this Ticket License shall not be deemed a waiver of any prior or subsequent breach. All remedies of the 76ers shall be cumulative and the pursuit of one remedy shall not be deemed a waiver of any other remedy. Time is of the essence with respect to all obligations hereunder. If this is an account of a legal business entity, you confirm that you are an authorized representative of the above-named entity and have full power and authority to make the commitment and payment above on behalf of the entity.

FRONT PAGE

Tier A Games (as determined in the sole discretion of 76ers)

You understand that your Suite Rental is non-transferable and non-refundable. All sales are final. You acknowledge and agree that (i) 50% of the full balance of the Suite Rental (not including the $200 deposit) is due at booking, and (ii) the Suite Rental must be paid in full no less than thirty (30) days prior to the Game Date (the “Paid in Full Date”) and, (iv) the Deposit is non-refundable, such that if You do not complete full payment of the foregoing amounts on or before the foregoing deadlines, the 76ers shall have the right to retain the Deposit as liquidated damages to compensate the 76ers for expenses and losses caused by such non-payment.

All Other Games

You understand that your Suite Rental is non-transferable and non-refundable. All sales are final. You acknowledge and agree that (i) 50% of the full balance of the Suite Rental (not including the $200 deposit) is due at booking, and (ii) the Suite Rental must be paid in full no less than thirty (30) days prior to the Game Date (the “Paid in Full Date”) and, (iv) the Deposit is non-refundable, such that if You do not complete full payment of the foregoing amounts on or before the foregoing deadlines, the 76ers shall have the right to retain the Deposit as liquidated damages to compensate the 76ers for expenses and losses caused by such non-payment.

___________________________________________________________________________________________________________________________________________________________________

2019-20 SINGLE GAME TICKET TERMS AND CONDITIONS

The person or entity identified above (the “Purchaser”) acknowledges and agrees that Purchaser is making the purchase set forth above (the “Payment”) in exchange for receiving a single game ticket for a Philadelphia 76ers home game during the 2019-2020 NBA season (a “Purchaser”), subject to availability and the terms below.

The Purchaser acknowledges and agrees that the ticket shall be subject to additional terms and conditions (e.g. Arena guidelines and ticket back terms). The Payment is non-refundable.

The Purchaser confirms that he/she has full power and authority to make the commitment and payment referenced above. The rights and obligations of the Purchaser here under are not assignable or transferable by Purchaser without the prior written consent of the 76ers. The 76ers obligations hereunder are subject and subordinate to all NBA rules and regulations and all applicable laws, rules and regulations.

The terms of the Payment shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed entirely in Pennsylvania and without regard to the conflicts of laws principles thereof. The Purchaser hereby consents to the exclusive jurisdiction of the state and federal court in Philadelphia County, Pennsylvania, and agrees that venue in Philadelphia County, Pennsylvania is proper for the resolution of any disputes arising hereunder.

Purchaser and the 76ers agree that all disputes, controversies or claims arising out of or related to this Payment invoice (referred to as a “Claim”) will be resolved as follows:

(A) INFORMAL RESOLUTION: Purchaser and the 76ers will first attempt to resolve any Claim informally after notice has been provided to the other party in writing.

(B) FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER: PURCHASER SHOULD READ THE FOLLOWING ARBITRATION PROVISION AS IT LIMITS THE UNDERSIGNED’S RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. Purchaser and the 76ers agree that any dispute, controversy or other Claim arising out of or relating to this Payment invoice, or the determination of the scope or applicability of Arbitration, shall be governed solely by the Federal Arbitration Act.

If the Purchaser and the 76ers cannot resolve a Claim informally within 30 days of written notice by one party to the other of such Claim, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both the Purchaser and the 76ers understand and agree that all disputes shall be decided by an arbitrator and that each party is waiving its rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both the Purchaser and the 76ers each agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Payment invoice as a court would. The 76ers and the Purchaser understand that, absent this mandatory arbitration provision, the 76ers and the Purchaser would have the right to sue in court and have a jury trial. The 76ers and the Purchaser further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 

The Arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these terms and conditions, and administered by the AAA. If the Purchaser and 76ers cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in this these terms and conditions, the rules set forth in these terms and conditions will govern. The AAA Rules and fee information are available at www.adr.org, or by calling the AAA at 1-800-778-7879.

The Purchaser may, in Arbitration, seek any and all remedies otherwise available to the Purchaser pursuant to the law of the governing state. If the Purchaser decides to initiate Arbitration, the 76ers shall bear the cost of any Arbitration filing fees and Arbitration fees for claims of up to $75,000, unless the arbitrator finds the Arbitration to be frivolous. The Purchaser is responsible for all other additional costs that the Purchaser may incur in connection with the Arbitration including, but not limited to attorney's fees and expert witness costs unless the 76ers are otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and Arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on the 76ers and the Undersigned, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The 76ers and the Purchaser agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the Arbitration. The arbitrator must follow these terms and conditions and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, the 76ers and the Purchaser agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose.

If the Undersigned’s claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, the Purchaser may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

The Arbitration will be held at a location in Philadelphia County, Pennsylvania, unless the Purchaser and the 76ers both agree to another location or telephonic Arbitration. To initiate Arbitration, the Purchaser or the 76ers must do the following things: (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered and a copy of this agreement to arbitrate. A copy of a Demand for Arbitration can be found at www.adr.org. (2) Submit a Demand for Arbitration, plus the appropriate filing fee to the AAA by mail, facsimile, email, or on-line. To file on-line via AAA WebFile, visit www.adr.org and click on File & Manage a Case and follow directions to register. (3) Send one copy of the Demand for Arbitration to the other party. For information on how to file by mail, fax, or email, please visit www.adr.org.

Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither the Purchaser or the 76ers shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative

member of a class or in a private attorney general capacity. THIS MEANS THAT THE PURCHASER WAIVES HIS OR HER RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, the Purchaser and the 76ers agree that the AAA Rules for Class Arbitrations do not apply to any Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.

Notwithstanding the obligation to arbitrate all Claims under these terms and conditions, the Purchaser may choose to pursue his or her individual claim in small claims court where jurisdiction and venue over the 76ers and the Purchaser otherwise qualifies for such small claims court and where the Undersigned’s claim does not include a request for any type of equitable relief.

CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Without limiting the above, the Purchaser and 76ers agree that any Claims will be resolved on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Purchaser and the 76ers further agree that neither will participate in any consolidated, class or representative proceeding (existing or future) brought by any third party in connection with this Payment invoice and these terms and conditions (as applicable). If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the Claim will not be subject to arbitration and must be litigated in federal court in Philadelphia County, Pennsylvania. The terms of this section will also apply to any valid Claims asserted by the Purchaser against any parent, subsidiary or other affiliate of the 76ers to the extent such Claims arise out of this Payment invoice and/or terms and conditions (as applicable).

CONSUMER PROTECTION NOTICE: Limitations and exclusions included herein are intended to be only as broad and inclusive as is permitted by the laws of New Jersey.

MISCELLANEOUS. No ticket(s) issues hereunder may be used for advertising, promotion (including contests and sweepstakes) or other trade or commercial purposes without the 76ers’ express written consent. No property rights whatsoever are conveyed under these terms and conditions. None of the provisions of these terms and conditions can be waived except in a writing signed by the 76ers. If this is an account of a legal business entity, you confirm that you are an authorized representative of the above-named entity and have full power and authority to make the commitment and payment above on behalf of the entity.

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