EFFECTIVE DATE: October 22, 2019
These 49ers Membership Plan Terms and Conditions ("Terms and Conditions") govern the purchase of season tickets through an auto-renewing season ticket payment plan of pre-season and regular season tickets for the San Francisco 49ers home games played at Levi's Stadium (together, "Season Tickets"). If you have chosen to pay for you Season Tickets in a non-auto-renewing lump sum, these Terms and Conditions do not apply.
THESE TERMS AND CONDITIONS CONTAIN AN AUTOMATIC RENEWAL FEATURE. PLAN PAYMENTS WILL CONTINUE UNTIL YOU OPT-OUT OF THE PLAN. YOU MAY OPT OUT EITHER BEFORE A NEW PLAN YEAR BEGINS (IN WHICH CASE NO PLAN PAYMENTS FOR THE NEW PLAN YEAR WILL COME DUE) OR YOU MAY OPT OUT AFTER A NEW PLAN YEAR BEGINS BY PAYING THE OUTSTANDING BALANCE FOR THE SEASON TICKETS FOR THE THEN CURRENT PLAN YEAR.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION PROVISION WITH A CLASS ACTION AND JURY TRIAL WAIVER. THE ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR THE 49ERS RESOLVE ANY CLAIM.
In these Terms and Conditions, "you" and "your" means the Season Ticket owner identified on the SBL Account associated with the Season Tickets (whether person or entity). "I," "our," "San Francisco 49ers," and "49ers" mean, collectively Forty Niners Football Company LLC and Forty Niners Stadium Management Company LLC. "Invoice" means each season's invoice and any revised invoice (as described below) and any written timetable of scheduled payment amounts and due dates sent to you by the San Francisco 49ers. "49ers Membership Plan" means the payment plan that automatically renews each year under which you purchase Season Tickets offered to you by the 49ers. "Plan Year" means the period that begins the date when the first payment specified in a season's Invoice (the last business day of November of the then current year) and ends the date of the last payment specified in the same season's Invoice (the following last business day of October). The initial Plan Year will begin upon your enrolment in the 49ers Membership Plan and will also end the date of the last payment specified in that season's Invoice (the following last business day of October). You understand that you are under no obligation to enroll in the 49ers Membership Plan. You may instead purchase your tickets by paying for them in a lump sum.
49ERS MEMBERSHIP PLAN
For each applicable Plan Year, the 49ers will make an Invoice available to you specifying the estimated dates and estimated amounts of the payments that are scheduled to come due under the new Plan Year's 49ers Membership Plan. If you do not wish to participate in the 49ers Membership Plan in the new Plan Year, you may cancel any time before the new Plan Year begins. If you timely do this, no payments for the new Plan Year will come due under the 49ers Membership Plan. You may also cancel after the new Plan Year begins so long as you pay the outstanding balance of the Season Tickets for the then current Plan Year as indicated in you Invoice or revised Invoice. You may cancel by calling us at 408.579.4449, going to (https://49ers.formstack.com/forms/monthly_membership_plan_opt_out), emailing firstname.lastname@example.org or in such other manner specified in the applicable Invoice. If you do not cancel the 49ers Membership Plan, you agree to purchase the Season Tickets by making the payments specified in the Invoice under the terms set forth in the Automatic Payment Authorization below. The 49ers may change ticket prices at any time. In the event such change occurs after that start of a Plan Year, you will be provided an Invoice to reflect the revised installment amounts for the remaining Plan Year's payments. If you do not cancel prior to the subsequent Play Year payment with the modified installment payment prices, you agree to the revised ticket prices and to making the revised installment payments specified in the Invoice under the terms set forth in the Automatic Payment Authorization below.
You understand that enrollment in the 49ers Membership Plan does not constitute a guaranty that the 49ers will offer the opportunity to purchase Season Tickets for any given season and is subject to the good standing of the SBL account associated with the Season Tickets. The 49ers reserve the right to modify or cancel the 49ers Membership Plan at any time and require payment for Season Tickets by some other means. You agree that the 49ers may send you notices and Invoices related to the 49ers Membership Plan via email at the email address provided to the 49ers, and you agree to promptly notify the 49ers of any updated email address that should be used to contact you.
If you fail to make a payment due under the 49ers Membership Plan within 30 days of its due date, (1) the 49ers may cancel your Season Tickets, (2) You will remain responsible for all remaining amounts due under the then-current Invoice (unless you have the right to cancel and you exercise this right as set forth above), and (3) your participation in the 49ers Membership Plan may be terminated. Failure to pay for Season Tickets may influence your rights and benefits under your SBL Agreement and your ability to retain or purchase those Season Tickets for subsequent San Francisco 49ers games.
If you cancel the 49ers Membership Plan by providing a cancellation notice and paying the outstanding balance of the Season Tickets for the then current Plan Year, there are no additional charges for the 49ers Membership Plan or cancellation of the 49ers Membership Plan.
The 49ers have no obligation to resell your Season Tickets in the event of the termination of the 49ers Membership Plan (unless you have the right to cancel and you exercise this right as set forth above). If the 49ers do resell your Season Tickets, you will remain liable to the 49ers to the extent permitted by law for the balance due under the then-current Invoice as well as any collections costs incurred by the 49ers, except that any amounts collected by the 49ers through the reselling of your Season Tickets will be credited to you only if, at the time of resale, there remains no other tickets in the same price level as yours in the 49ers' ticket inventory.
AUTOMATIC PAYMENT AUTHORIZATION
You authorize the 49ers (which includes, for the purposes of this Payment Authorization, the team's service providers, agents and other representatives) to charge the payment card account(s) identified at enrollment for the 49ers Payment Plan or that you have otherwise provided to the 49ers or any substitute payment card account you later provide to the 49ers (the "Card") for the 49ers Membership Plan payments in the amounts and on or after the dates specified in the Invoice, as made available to you, or any modified payment arrangement agreement to which you and the 49ers may agree, as applicable. In the event that the 49ers make an error in processing a charge, you authorize the 49ers to correct the error by initiating a credit or debit to the Card in the amount of such error on or after the date such error occurs. In the event that you make a partial payment or you are issued a credit, you authorize the 49ers to charge the Card for the amount specified above less the amount of such credit. Instead of or in addition to any payments described above, you authorize the 49ers to seek payment from the Card for any amount and on any date that you subsequently confirm by phone, text message, e-mail, online, or for any additional ancillary benefits (parking, other hospitality, etc.) that you request. You also authorize the 49ers to reinitiate any charge to the Card that is rejected up to two times or any greater number of times permitted by network rules. You acknowledge that the 49ers are not obligated to reinitiate any charge that is rejected and may terminate your Season Tickets if a charge is rejected and no payment is made within thirty (30) days of the payment due date. You agree to update your Card information if it changes by contacting the 49ers at 408.579.4449 or online in your Ticketmaster account. You represent and warrant that you are the owner or authorized user of the Card.
You may cancel this Payment Authorization at any time by contacting the 49ers within such time as to allow the 49ers a reasonable amount of time to process and act on your request. Canceling this Payment Authorization will not affect any obligation you may have under the 49ers Membership Plan. Each charge to the Card will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. You acknowledge that the 49ers are not obligated to accept more than one payment card from you or any other cardholder. In the event of a conflict between this Payment Authorization and any other payment authorization you have previously provided to the 49ers (whether written or verbal), this Payment Authorization shall supersede and govern.
INDIVIDUAL ARBITRATION AGREEMENT
AND CLASS ACTION WAIVER ("Arbitration Agreement").
The 49ers and you each may unilaterally elect to resolve any and all claims and disputes whatsoever, including, but not limited to those relating in any way to any these Terms and Conditions and/or any Season Tickets, memberships, season ticket plans, payment plans (including, without limitation, the 49ers Membership Plan if applicable), Invoices, games, marketing efforts, promotions, or any of our dealings with one another during any current or future season ("Claims"), except for claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and not by state law.
If arbitration is elected, neither of us will have the right to a court or jury trial or to participate in a class action or class arbitration. Other customary rights that the 49ers and you would otherwise have if either went to court will not be available or will be more limited in arbitration, including the right to appeal. The 49ers and you each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, THE 49ERS AND YOU ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF EITHER PARTY ELECTS ARBITRATION, THE APPLICABLE DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that both parties agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in San Jose, California. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator's authority is limited to the 49ers and you alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The 49ers and you agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to those you permit to use your tickets and relevant 49ers employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
Notwithstanding any other provision herein, the you and the 49ers may each seek relief in a small claims court for Claims within its jurisdiction. In addition, either party may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Arbitration Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of any Season Ticket plan and any related agreement, your fulfillment or default of your obligations under any Season Ticket plan or any related agreement, and/or my or the 49ers' bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH BELOW. If you do not wish to be bound by this Arbitration Agreement, you must notify the 49ers in writing within sixty (60) days after the date you agree to these Terms and Conditions. You must send my request to: San Francisco 49ers, 4949 Marie P DeBartolo Way, Santa Clara, CA 95054, Attn: Legal Department. The request must include your full name, address, account number, and the statement "I reject the Arbitration Agreement contained in my San Francisco 49ers season ticket plan." If you exercise your right to reject arbitration, the other terms of the 49ers Membership Plan shall remain in full force and effect as if you had not rejected arbitration.
TRUTH IN LENDING COMPLIANCE NOTICE AND TERMS
If you decide to purchase season tickets or additional goods and services in connection with your season tickets, and have elected to enroll in the 49ers Membership Plan, the following information was emailed to you as part of the enrollment process in connection with the Truth In Lending Act:
Creditor: The creditor is Forty Niners Football Company LLC.
Annual Percentage Rate: You will not be charged a credit fee or other charge to pay for your season tickets. The cost of your credit as a yearly rate is 0%.
Amount Financed: You will not be charged a credit fee or other charge to pay for your season tickets. The amount of credit provided to you or on your behalf is $0.00
Total of Payments: The amount you will have paid for your season tickets after you have made all payments on a timely basis is equal to the amount of the purchase price for your season tickets, such amount being specified on the invoice provided to you upon completing the purchase of your season tickets. Additional information regarding the cost of season tickets is available at our website.
Finance Charge: There is no credit or finance fee charged to you in connection with the purchase of season tickets. However, Forty Niners Football Company LLC may charge a $4.00 processing fee in connection with sales of season tickets.
Total Sale Price: The total cost of the purchase of your season tickets, will be equal to the amount of the purchase price for tickets specified on the invoice provided to you prior to purchase. Additional information regarding the cost of season tickets is available by contacting us at 408.579.4449 or emailing email@example.com.
Number of Payments: The total number of payments that you shall make is based on when you enroll in the 49ers Membership Plan, up to a maximum of 12 payments in the initial Plan Year, and 12 payments in each subsequent Plan Year.
Amount of Each Payment: The amount of each payment you shall make is based on the total sales price of the tickets you purchase.
REVOCABLE LICENSE. San Francisco 49ers Season Tickets are a limited, revocable license issued by the 49ers to the individual or corporate entity name that appears on the account of record. The 49ers reserve the right to revoke this license for any lawful reason, including breach of any of the provisions of these Terms and Conditions or the Levi's Stadium Code of Conduct. Any such breach may impact the rights and benefits you receive under your SBL Agreement, and shall entitle the 49ers to all available legal remedies, including but not limited to revocation or cancellation of your SBL account, 49ers Membership Plan (including the Auto-Renewing Payment Plan, if applicable), and/or Season Tickets. Upon such revocation or cancellation, neither the 49ers nor any of its agents shall have any obligation to issue a credit, refund or any other compensation to you for any payments paid and originally scheduled to be paid prior to the date of such revocation or cancellation.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All sales of Season Tickets are final, and no refunds of payments or deposits for Season Tickets, or exchanges for Season Tickets, will be made except as provided for herein, in your SBL agreement, or in the 49ers' sole discretion.
LOST OR STOLEN TICKETS. The 49ers are not responsible for lost, stolen, or duplicated tickets, and any reissuance of tickets shall be at the sole discretion of the 49ers and may be subject to additional fees determined by the 49ers.
SEASON TICKETS. The use of the Season Tickets shall be subject to the then current Ticketback language and the policies and procedures of the 49ers and Levi's Stadium. Use of the Season Tickets represents your acceptance and agreement with the then current Ticketback language. The 49ers reserve the right to not activate or deactivate any Season Tickets for which payment has not been made. In the event that a payment you make or authorize is later reversed, disputed or otherwise not credited to the 49ers, you understand that, to the fullest extent permitted by law and without limiting any other rights or remedies that may be available to the 49ers, you will be personally responsible for such payment and for any collection costs and attorneys' fees incurred by the 49ers.
POSTSEASON; SPECIAL GAMES. The Season Tickets purchased under these Terms and Conditions are only for those pre-season and regular season games played by the 49ers at home at Levi's® Stadium (the "Stadium") during the season specified in the applicable Invoice ("Current Season Regular Home Games"). Nothing in the Season Tickets, the SBL agreement, an Invoice or these Terms and Conditions should be construed to create a right on the part of me or any holder of a Season Ticket to current or further games or events (e.g., postseason games, special games, next-season games, international games or neutral site games) other than Current Season Regular Home Games.
RELOCATED OR UNPLAYED GAMES. In the event that less than ten (10) total preseason or regular season home games are played at the Stadium during the season, whether because of a labor dispute, strike, Act of God, or any other reason, the 49ers will either, in its sole discretion, (1) reduce the total amount due for the Season Tickets by the ticket cost of the game(s) not played at the Stadium, as determined by the 49ers and variable by game (the "Unplayed Ticket Value"); or (2) issue a credit to your account for the Unplayed Ticket Value for a future season. Nothing herein, including without limitation the 49ers' issuance of Season Tickets, shall operate as or constitute any representation, warranty, covenant or guarantee by the 49ers that any number of games shall occur at the Stadium.
SBL AGREEMENT. Except with respect to the Arbitration Agreement, if any terms and conditions contained herein conflict with your SBL Agreement, the terms and conditions in the SBL Agreement shall prevail.
MISCELLANEOUS. Except as set forth in the Arbitration Agreement., these Terms and Conditions shall be governed by the laws of the state of California applicable to agreements made and to be performed entirely in California, without regard to any conflicts of laws principles thereof. To the fullest extent permitted by law, the 49ers reserve the right to modify the pricing of tickets, 49ers' policies, and these Terms and Conditions in its sole discretion and for any lawful reason and subject to your SBL Agreement, if applicable. Notwithstanding anything to the contrary herein, the 49ers reserve all rights under all other applicable law. Except as set forth in the Arbitration Agreement, if any provision of these Terms and Conditions is determined to be invalid or unenforceable, such provision shall be amended to the minimum extent necessary to make such provision enforceable, and any such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof. You represent and warrant that you have the authority to sign on behalf of, and bind, the owner of the SBL account and Season Tickets governed by these Terms and Conditions.