Ticket Policies
Premium
Carnegie Club Ticket Exchange
All regular season games are eligible for exchange*
All Carnegie Club Season Ticket Holders in good standing will have the ability to exchange Carnegie Club tickets for Cleveland Guardians regular season baseball games*, subject to the following restrictions and guidelines:
- All Carnegie Club ticket exchanges shall be made at least twenty-four (24) hours prior to the start time of the scheduled game you wish to exchange out of. Tickets not timely exchanged will not be eligible for any future refund, credit or exchange.
- All Carnegie Club ticket exchanges must be made using your My Guardians online ticket account, www.cleguardians.com/mytickets, which will give you access to live ticket inventory for available exchanges.
- You must select your new Cleveland Guardians regular season game at the time of completing your exchange.
- All exchanges are subject to availability. If seats are not available within the Carnegie Club for a selected game, exchanges may be made into the Victory Club and/or Victory Club standing room only location.
- The difference between any ticket value will not be credited if you exchange your Carnegie Club tickets from a higher-priced game into a lower-priced game or into a lower-priced section.
- Carnegie Club tickets are not eligible for refunds and may not be banked for credit for future seasons.
- Carnegie Club ticket exchange rates are subject to change during the course of the season.
When you exchange, all tickets to Cleveland Guardians baseball games shall be subject to the Cleveland Guardians Regular Season Ticket Terms & Conditions, as well as all Carnegie Club rules and regulations. Carnegie Club tickets may not be resold, whether using a secondary marketplace or otherwise. The Cleveland Guardians reserve the right to modify the Carnegie Club ticket exchange program at any time. Please call 216-420-4487 or email premium@cleguardians.com for more information about Carnegie Club ticket exchanges.
Carnegie Club Rules & Regulations
Cleveland Guardians
Carnegie Club Rules & Regulations
Cleveland Guardians Carnegie Club Members (¡°Member¡± or ¡°Members¡±), and any individual possessing a ticket (¡°Ticket¡±) to access the Cleveland Guardians Carnegie Club (¡°Carnegie Club¡±) received from such Member (each, a ¡°Guest¡±), agree to abide by the terms and conditions of the Carnegie Club Membership Agreement (¡°Membership Agreement¡±), and observe all rules, policies and procedures adopted by the Cleveland Guardians Baseball Company, LLC (¡°Manager¡±) from time to time for the purchase of a Carnegie Club Membership (¡°Membership¡±), the administration of the Carnegie Club and the use of the Carnegie Club services and amenities, including but not limited to, the following:
Admission. Each person using the Carnegie Club shall be required to present a valid admission ticket and/or other approved form of ID prior to admission thereto. Use of the Carnegie Club shall be available to Members and Guests only. Unless otherwise set forth by Manager and subject to any Public Health Regulations (defined below), the Carnegie Club will open to Members and Guests at the designated Progressive Field (¡°Ballpark¡±) gate opening time for each regular season Cleveland Guardians Baseball Game, Cleveland Guardians Playoff Game or Special Event (collectively ¡°Event¡± or ¡°Events¡±) and will close one (1) hour after each Event at the Ballpark or such earlier time as determined by Manager. Members and Guests shall be required to show their electronic tickets and/or some other approved form of identification to gain entrance to the Ballpark and the Carnegie Club.
Member/Guest Conduct; Compliance with Laws and Rules. Members and Guests shall at all times maintain proper decorum while using the Carnegie Club, and shall comply with all present and future laws, ordinances, orders, rules and regulations, including Public Health Regulations, of all duly constituted governmental authorities. Members shall be responsible for informing their Guests of these Carnegie Club Rules and Regulations and all terms and conditions in the Membership Agreement pertaining to Member and Guest conduct. Members and Guests specifically acknowledge and agree to comply with the following statement of policy for fan conduct at each Event, as adopted by Manager on behalf of Members and Guests accessing the Carnegie Club:
Major League Baseball rules prohibit fans from entering the playing field, interfering with a ball in play, or negatively disrupting the game in any way. Those failing to comply will face immediate ejection from the Ballpark and possible arrest. The Manager encourages fan participation, and hopes that Members and Guests enjoy the Event from the Carnegie Club, but caution that other fans, including children, are nearby. Foul, abusive, socially unacceptable language and other behavior deemed to be unacceptable fan conduct will subject Members and Guests to immediate ejection from the Ballpark and possible arrest. Member is responsible for all Guests and/or the behavior of those utilizing their admission tickets.
The Manager also subscribes to a zero-tolerance, anti-harassment policy for its employees and guests. As such, Manager prohibits harassment that is based on race, color, religion, gender, national origin, age, disability, sexual orientation or other bases protected by local, state and federal law. Such harassment demeans Manager¡¯s employees and guests, and undermines the safe, effective and efficient operation of Manager¡¯s business. In accordance with this policy, Members and Guests agree to adhere to the anti-harassment commitment and to ensure that all employees and guests are treated with dignity and respect. To this end, any sexual, racial or harassing and discriminatory language, gestures, visual or physical conduct by Members and their Guests are strictly prohibited.
In the event Member or any Guest create a disturbance, cause objects to be launched or thrown from the Carnegie Club, interfere with other ticket-holders ability to enjoy the Event, violate these Rules and Regulations, violate any other Ballpark policies, and/or adversely affect the health, safety or welfare of the players, Ballpark personnel or other patrons or invitees at the Ballpark, Manager shall have the right, in its sole discretion, to eject the parties responsible for such action from the confines of the Ballpark, in addition to taking any other appropriate actions or remedies available, which shall include but shall not be limited to, revocation of Membership Rights, season ticket rights, and/or Ballpark usage rights.
Ballpark Policies. Unless otherwise stated herein or in the Membership Agreement, all Ballpark policies and any terms and conditions governing admissions tickets to Ballpark events apply to Members and Guests while at the Ballpark. For a complete list of Cleveland Guardians and Ballpark policies and procedures, please go to: http://mlb.mlb.com/cle/ballpark/information/index.jsp?content=security. For terms and conditions governing admission tickets to Ballpark events, go to: /CLEGuardians/tickets/info/ticket-policies
Use of the Carnegie Club shall also be subject to any and all safety and public health restrictions or requirements, including but not limited to any such restrictions or requirements instituted as a result of any public health emergency (¡°Public Health Regulations¡±). An inherent risk of exposure to communicable and infectious diseases, viruses, bacteria and illnesses, including but not limited to Covid-19, exists in any public place regardless of precautions that may be taken. By using a Carnegie Club Membership ticket to access the Ballpark, each attendee agrees to assume all risks associated with such communicable and infectious diseases, viruses, bacteria or illnesses, and agrees to all other terms and rules set forth at /Guardians/tickets/info/ticket-policies.
Food & Non-Alcoholic Beverage. A selection of food and non-alcoholic beverages will be available to Members and Guests in the Carnegie Club for each Event. Service of food and non-alcoholic beverages shall be at the sole discretion of Manager. No food or beverages other than those provided by or purchased from the designated caterer in the Carnegie Club or Ballpark concessionaire may be consumed in the Carnegie Club. No food or beverage provided to Members or Guests in the Carnegie Club shall be removed from the Carnegie Club or any Carnegie Club designated area.
Alcohol. A selection, of beer, wine and spirituous liquor will be available to Members and Guests aged twenty-one (21) or older in the Carnegie Club for each Event. Member and Guests understand and acknowledge that a portion of the Membership Fee has been set aside to pay for designated inclusive beer, wine and/or spirituous liquor for Members and Guests. Service of designated inclusive beer, wine and spirituous liquor shall be at the sole discretion of the Manager. Inclusive beer, wine and spirituous liquor shall not continue beyond the middle of the seventh inning for Cleveland Guardians home baseball games at the Ballpark. Service of all non-inclusive alcoholic beverages may continue after the middle of the seventh inning of baseball games, although such shall be discontinued at least thirty (30) minutes after the conclusion of an Event, unless such service is discontinued earlier at the sole discretion of Manager. Manager and its agents reserve the right to ID any Member or Guest and may choose not to serve alcohol to any Member or Guest, including but not limited to any intoxicated person, at their sole discretion. No alcoholic beverage provided to Members or Guests in the Carnegie Club shall be removed from the Carnegie Club or any Carnegie Club designated area.
Unavailability of Carnegie Club Seat or Service for Games Played at the Ballpark; Alterations. Member shall receive a pro-rata credit for any Cleveland Guardians regular season home baseball game played at the Ballpark for which its Carnegie Club seat(s) was unusable as determined by Manager, in its sole and absolute discretion, provided, however, that no credit shall be made to or claimed by Member by reason of any inconvenience or annoyance arising from the construction of, repairs to, or alterations of the Carnegie Club or the Ballpark, or the unavailability, suspension or discontinuance of any Carnegie Club service or amenity, including but not limited to the discontinuance of inclusive beer, wine or spiritous liquor, regardless of the necessity or occasion therefore. Manager reserves the right, at its sole discretion, to alter, substitute or discontinue Carnegie Club amenities at any time, and further reserves the right to make repairs or alterations to the Carnegie Club or to any part of the Ballpark when and where it may deem necessary.
Relocation and Cancellation of Games. In the event that four (4) or more Regular Season Games scheduled at the Ballpark are played at another ballpark other than the Ballpark, postponed and rescheduled as part of a traditional double-header on a new date due to inclement weather, or not played for any reason in a given season (collectively, the ¡°Impacted Home Regular Season Games¡±), Member shall receive a credit, which will be determined by multiplying the Membership Fee by a fraction, the numerator of which is the number of Impacted Home Regular Season Games minus three (3) games, and the denominator of which is the total number of home Regular Season games that were scheduled to have been played during that year. No credit shall be provided for the relocation, postponement and/or cancellation of three (3) or fewer Regular Season Games at the Ballpark in a season.
Credits. All eligible credits will be computed after the conclusion of the Baseball Season. Any credits will be applied to the next installment of the Membership Fee payment due to Manager for the next year¡¯s Membership Fee. If there is no invoice to apply this credit to, Member will have the option of applying credit to a renewal invoice or receiving a cash payment at the conclusion of the Baseball Season.
Default. In the event of a Default by Member pursuant to the terms of the Membership Agreement, Manager shall be entitled to, at its option, to: (i) withhold distribution of admission tickets to each Member for Events held at the Ballpark, or, if admission tickets for any such Events have already been distributed, Manager may deny each Member and/or Guest access to the Carnegie Club, until the Default is cured, which cure, if such Default is monetary, shall require Member to pay to Manager any past due Membership Fee or other monetary obligation, plus interest from the date on which such past due Membership Fee or other monetary obligation was scheduled to be due and payable, in an amount equal to one and one-half percent (1.5%) per month compounded monthly or the maximum rate allowed by law, whichever is less, on the amount owing and on any previously accrued interest; or (ii) terminate the Membership Agreement and all of Member¡¯s rights under the Membership Agreement, by giving Member written or electronic notice of termination, at which times Manager shall have the right to revoke any admission tickets previously issued to Member, notwithstanding Manager's prior distribution of admission tickets to Member. In the event of such a Default, all payments previously made by Member become property of the Manager. Termination of this Agreement will not affect Member¡¯s obligation to make all Membership Fee payments coming due after the date of termination. Upon termination, Manager will have the right, but not the obligation, to re-license the Carnegie Club seat(s) to another party. If Manager has other Carnegie Club seats available for license for its own account, Manager may give priority to its own interests. In the event the Carnegie Club seat(s) is licensed by Manager to another party, any Membership Fee received from the other party applicable to the remainder of the Term will be applied first to any costs and expenses incurred in re-licensing the Carnegie Club seat(s), including costs and attorney's fee with respect thereto, and then to the satisfaction of Member¡¯s obligations under this Agreement. The remedies provided in this Paragraph are cumulative and not to the exclusion of any other rights or remedies that may be available to Manager, at law or in equity. No waiver of any Default or breach by Member hereunder shall be construed to be a waiver or release of any other Default or breach of the Membership Agreement or these Carnegie Club Rules and Regulations at a later time. No failure or delay by Manager in the exercise of any remedy provided for in this Paragraph shall be construed as a forfeiture or waiver of the same or any other remedy at a later time.
No Advertising. Members and Guests agree and acknowledge that no commercial advertisements, including without limitation banners/signs, will be permitted that are visible from the outside of the Carnegie Club.
Disclaimer of Liability. Manager shall not be liable or responsible for any loss, damage, illness or injury to any person or property whatsoever in or around the Carnegie Club or the Ballpark, resulting from any cause whatsoever, including theft and vandalism, unless due to the gross negligence or willful misconduct of Manager, its employees or agents.
Indemnification. Member shall indemnify, hold harmless and defend Manager from and against any and all costs, expenses (including reasonable attorneys fees), liabilities, losses, damages, claims or demands of any kind asserted by or on behalf of any person arising out of the use or occupancy of the Carnegie Club or any other part of the Ballpark, by Member or Guests in contravention of the provisions of the Membership Agreement or these Carnegie Club Rules and Regulations, or arising out of the negligence or willful misconduct of Member or Guests (including theft or vandalism). Manager shall indemnify, hold harmless and defend Member from and against any and all costs, expenses (including reasonable attorneys¡¯ fees), liabilities losses, damages, claims or demands of any kind asserted by or on behalf of any person arising out of the negligence or willful misconduct of Manager, its employees, agents or contractors (including theft or vandalism). To the extent that each party has the right to do so, each party to the Membership Agreement agrees to waive its rights of subrogation, which might otherwise exist whenever any loss, cost or expense is covered by insurance.
Miscellaneous. The Membership Agreement and these Carnegie Club Rules and Regulations, and all the terms and provisions thereof, shall inure to the benefit of and be binding upon the parties thereto, and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns. No amendment or modification to the Membership Agreement shall be effective unless the same is in writing and signed by both Manager and Member, provided, however, that Manager reserves the right to modify or amend these Carnegie Club Rules and Regulations at any time and from time to time in its sole discretion. In the event of a conflict between these Carnegie Club Rules and Regulations and the Membership Agreement, the terms of the Membership Agreement shall prevail. The Membership Agreement, together with these Carnegie Club Rules and Regulations and all exhibits and schedules attached hereto and thereto, contains the entire written agreement of the parties with respect to the matters provided for therein, and shall supersede any oral or written agreement previously made or entered into by the parties.
Victory Club Ticket Exchange
All Victory Club Season Ticket Holders in good standing may exchange Victory Club tickets during the Cleveland Guardians regular season, subject to the following restrictions and guidelines:
- All Victory Club ticket exchanges shall be made at least twenty-four (24) hours prior to the start time of the scheduled regular season game you wish to exchange out of. Tickets not timely exchanged will not be eligible for any future refund, credit or exchange.
- All Victory Club ticket exchanges must be made using your My Guardians online ticket account, www.cleguardians.com/mytickets, which will give you access to live ticket inventory for available exchanges.
- You must select your new Cleveland Guardians regular season game at the time of completing your exchange.
- All exchanges are subject to availability. If seats are not available within the Victory Club for a selected game, exchanges may be made into the Victory Club standing room only location or into another location at the sole discretion of the Cleveland Guardians.
- The difference between any ticket value will not be credited if you exchange your Victory Club tickets from a higher-priced game into a lower-priced game or into a lower-priced location at the Ballpark.
- Victory Club tickets are not eligible for refunds and may not be banked for credit for future seasons.
- Victory Club ticket exchange rates are subject to change during the course of the season.
When you exchange, all tickets to Cleveland Guardians baseball games shall be subject to the Cleveland Guardians Regular Season Ticket Terms & Conditions, as well as all Victory Club rules and regulations applicable to the particular seating section. Victory Club tickets may not be resold, whether using a secondary marketplace or otherwise. The Cleveland Guardians reserve the right to modify the Victory Club ticket exchange program at any time. Please call 216-420-4487 or email premium@cleguardians.com for more information about Victory Club ticket exchanges.
Victory Club Rules & Regulations
Cleveland Guardians
Premium Club Rules & Regulations
Cleveland Guardians Premium Club Members (¡°Member¡± or ¡°Members¡±), and any individual holding a ticket or Fan Pass to access the Cleveland Guardians Premium Club (¡°Premium Club¡±) received from such Member (¡°Guest¡±), agree to abide by the terms and conditions of the Premium Club Membership Agreement (¡°Membership Agreement¡±), and observe all rules, policies and procedures adopted by the Cleveland Guardians Baseball Company, LLC (¡°Manager¡±) from time to time for the purchase of a Premium Club Membership (¡°Membership¡±), the administration of the Premium Club and the use of the Premium Club services and amenities, including but not limited to, the following:
Admissions. Each person using the Premium Club shall be required to present a valid admission ticket prior to admission thereto. Use of the Premium Club shall be available to Members and Guests only. Subject to any Public Health Regulations (defined below), the Premium Club will open to Members and Guests at the designated Progressive Field (¡°Facility¡±) gate opening time for each regular season Cleveland Guardians Baseball Game, Cleveland Guardians Playoff Game or Jewel Event (collectively ¡°Event¡± or ¡°Events¡±) and will close one (1) hour after each Event at the Ballpark or such earlier time as determined by Manager. Members and Guests shall be required to show their tickets or Fan Pass to gain entrance to the Facility and the Premium Club.
Member/Guest Conduct; Compliance with Laws and Rules. Members and Guests shall at all times maintain proper decorum while using the Premium Club, and shall comply with all present and future laws, ordinances, orders, rules and regulations, including Public Health Regulations, of all duly constituted governmental authorities. Members shall be responsible for informing their Guests of these Premium Club Rules and Regulations and all terms and conditions in the Membership Agreement pertaining to Member and Guest conduct. Members and Guests specifically acknowledge and agree to comply with the following statement of policy for fan conduct at each Event, as adopted by Manager on behalf of Members and Guests accessing the Premium Club:
Major League Baseball rules prohibit fans from entering the playing field, interfering with a ball in play, or negatively disrupting the game in any way. Those failing to comply will face immediate ejection from the Facility and possible arrest. The Manager encourages fan participation, and hopes that Members and Guests enjoy the Event from the Premium Club, but caution that other fans, including children, are nearby. Foul, abusive, socially unacceptable language and other behavior deemed to be unacceptable fan conduct will subject Members and Guests to immediate ejection from the Facility and possible arrest. Member is responsible for all Guests and/or the behavior of those utilizing their admission tickets.
The Manager also subscribes to a zero-tolerance, anti-harassment policy for its employees and guests. As such, Manager prohibits harassment that is based on race, color, religion, gender, national origin, age, disability, sexual orientation or other bases protected by local, state and federal law. Such harassment demeans Manager¡¯s employees and guests, and undermines the safe, effective and efficient operation of Manager¡¯s business. In accordance with this policy, Members and Guests agree to adhere to the anti-harassment commitment and to ensure that all employees and guests are treated with dignity and respect. To this end, any sexual, racial or harassing and discriminatory language, gestures, visual or physical conduct by Members and their Guests are strictly prohibited.
In the event Member or any Guest create a disturbance, cause objects to be launched, thrown or dropped from the Premium Club, interfere with other ticket-holders ability to enjoy the Event, violate these Rules and Regulations, violate any other Facility policies, and/or adversely affect the health, safety or welfare of the players, Facility personnel or other patrons or invitees at the Facility, Manager shall have the right, in its sole discretion, to eject the parties responsible for such action from the confines of the Facility, in addition to taking any other appropriate actions or remedies available, which shall include but shall not be limited to, revocation of Membership Rights, season ticket rights, and/or Facility usage rights.
Facility Policies. Unless otherwise stated herein or in the Membership Agreement, all Facility policies and any terms and conditions governing admissions tickets to Facility events apply to Members and Guests while at the Facility. For a complete list of Cleveland Guardians and Facility policies and procedures, please go to: http://mlb.mlb.com/cle/ballpark/information/index.jsp?content=security. For terms and conditions governing admission tickets to Facility events, go to: /Guardians/tickets/info/ticket-policies. Use of the Premium Club shall also be subject to any and all safety and public health restrictions or requirements, including but not limited to any such restrictions or requirements instituted as a result of any public health emergency (¡°Public Health Regulations¡±). An inherent risk of exposure to communicable and infectious diseases, viruses, bacteria and illnesses, including but not limited to Covid-19, exists in any public place regardless of precautions that may be taken. By using a Premium Club Membership ticket to access the Facility, each attendee agrees to assume all risks associated with such communicable and infectious diseases, viruses, bacteria or illnesses, and agrees to all other terms and rules set forth at /Guardians/tickets/info/ticket-policies./Guardians/tickets/info/ticket-policies.
Food & Non-Alcoholic Beverage. A selection of food and non-alcoholic beverages will be available to Members and Guests in the Premium Club for each Event. Service of food and non-alcoholic beverages shall be at the sole discretion of Manager. Additional food selections may be available for purchase in the Premium Club. No food or beverages other than those provided by or purchased from the designated caterer in the Premium Club or Facility concessionaire may be consumed in the Premium Club. No food or beverage provided to Members or Guests in the Premium Club shall be removed from the Premium Club.
Alcohol. A selection of beer and wine will be available to Members and Guests aged twenty-one (21) or older in the Premium Club for each Event. Member and Guest understand and acknowledge that a portion of the Membership Fee has been set aside to pay for inclusive beer and wine for Members and Guests. Service inclusive of beer and wine shall be at the sole discretion of the Manager, but shall not continue beyond the middle of the seventh inning for Cleveland Guardians home baseball games at the Facility. Spirituous liquor and other non-inclusive alcoholic beverages will be available for purchase by Members and Guests aged twenty-one (21) or older in the Premium Club. Service of all spirituous liquor and non-inclusive alcoholic beverages shall be discontinued at least thirty (30) minutes after the conclusion of an Event, unless such service is discontinued earlier at the sole discretion of Manager. Manager and its agents reserve the right to ID any Member or Guest and may choose not to serve alcohol to any Member or Guest, including but not limited to any intoxicated person, at their sole discretion. No alcoholic beverage provided to Members or Guests in the Premium Club shall be removed from the Premium Club.
Unavailability of Premium Club Seat or Service for Games; Alterations. Member shall be entitled to a credit, as set forth in Paragraph 8 below, for any Cleveland Guardians regular season home baseball game played for which its Premium Club seat(s) was unusable as determined by Manager, in its sole and absolute discretion, provided, however, that (i) relocated games shall be governed by Paragraph 7, below; and (ii) no credit shall be made to or claimed by Member by reason of any inconvenience or annoyance arising from the construction of, repairs to, or alterations of the Premium Club or the Facility, or the unavailability, suspension or discontinuance of any Premium Club service or amenity, including but not limited to the discontinuance of inclusive beer and/or wine, regardless of the necessity or occasion therefore. Manager reserves the right, at its sole discretion, to alter, substitute or discontinue Premium Club amenities at any time, or to relocate the Premium Club, and further reserves the right to make repairs, renovations, or alterations to the Premium Club or to any part of the Facility when and where it may deem necessary.
Relocation and Cancellation of Games. In the event that three (3) or more Regular Season Games scheduled at the Facility at another ballpark other than the Ballpark, postponed and rescheduled as part of Facility, for a reason other than inclement weather, epidemic, pandemic, quarantine, strike, lockout or other force majeure event, Member will receive a credit pursuant to Section 8, beginning with the third (3rd) Regular Season Game voluntarily relocated by Manager in a season.
Cancellation of Games; Credits to Member.
In the event that any of Member¡¯s Premium Club Seat(s) are unavailable for use or rendered unusable pursuant to Paragraph 7 above, then Member will accept a pro-rata credit for those games missed.
In the event that that three (3) or more Cleveland Guardians regular season home baseball games in a given season are (i) not played for any reason in a given year, or (ii) relocated, pursuant Paragraph 7, above (collectively, the ¡°Impacted Home Regular Season Games¡±), Member shall receive a credit, which will be determined by multiplying the Membership Fee by a fraction, the numerator of which is the number of Impacted Home Regular Season Games minus two (2) games, and the denominator of which is the total number of home Regular Season games that were scheduled to have been played during that year. No credit shall be provided for the relocation, postponement and/or cancellation of three (3) or fewer Regular Season Games at the Ballpark in a season.
All eligible credits will be computed after the conclusion of the Baseball Season. Any credits will be applied to the next installment of the Membership Fee payment due to Manager for the next year¡¯s Membership Fee. If there is no invoice to apply this credit to, Member will have the option of applying credit to a renewal invoice or receiving a cash payment at the conclusion of the Baseball Season.
Default. In the event of a Default by Member pursuant to the terms of the Membership Agreement, Manager shall be entitled to, at its option, to: (i) withhold distribution of admission tickets to each Member for Events held at the Facility, or, if admission tickets for any such Events have already been distributed, Manager may deny each Member and/or Guest access to the Premium Club, until the Default is cured, which cure, if such Default is monetary, shall require Member to pay to Manager any past due Membership Fee or other monetary obligation, plus interest from the date on which such past due Membership Fee or other monetary obligation was scheduled to be due and payable, in an amount equal to one and one-half percent (1.5%) per month compounded monthly or the maximum rate allowed by law, whichever is less, on the amount owing and on any previously accrued interest; or (ii) terminate the Membership Agreement and all of Member¡¯s rights under the Membership Agreement, by giving Member written or electronic notice of termination, at which times Manager shall have the right to revoke any admission tickets previously issued to Member, notwithstanding Manager's prior distribution of admission tickets to Member. In the event of such a Default, all payments previously made by Member become property of the Manager. Termination of this Agreement will not affect Member¡¯s obligation to make all Membership Fee payments coming due after the date of termination. Upon termination, Manager will have the right, but not the obligation, to re-license the Premium Club seat(s) to another party. If Manager has other Premium Club seats available for license for its own account, Manager may give priority to its own interests. In the event the Premium Club seat(s) is licensed by Manager to another party, any Membership Fee received from the other party applicable to the remainder of the Term will be applied first to any costs and expenses incurred in re-licensing the Premium Club seat(s), including costs and attorney's fee with respect thereto, and then to the satisfaction of Member¡¯s obligations under this Agreement. The remedies provided in this Paragraph are cumulative and not to the exclusion of any other rights or remedies that may be available to Manager, at law or in equity. No waiver of any Default or breach by Member hereunder shall be construed to be a waiver or release of any other Default or breach of the Membership Agreement or these Premium Club Rules and Regulations at a later time. No failure or delay by Manager in the exercise of any remedy provided for in this Paragraph shall be construed as a forfeiture or waiver of the same or any other remedy at a later time.
No Advertising. Members and Guests agree and acknowledge that no commercial advertisements, including without limitation banners/signs, will be permitted that are visible from the outside of the Premium Club.
Disclaimer of Liability. Manager shall not be liable or responsible for any loss, damage, illness or injury to any person or property whatsoever in or around the Premium Club or the Facility, resulting from any cause whatsoever, including theft and vandalism, unless due to the gross negligence or willful misconduct of Manager, its employees or agents.
Indemnification. Member shall indemnify, hold harmless and defend Manager from and against any and all costs, expenses (including reasonable attorneys fees), liabilities, losses, damages, claims or demands of any kind asserted by or on behalf of any person arising out of the use or occupancy of the Premium Club or any other part of the Facility, by Member or Guests in contravention of the provisions of the Membership Agreement or these Premium Club Rules and Regulations, or arising out of the negligence or willful misconduct of Member or Guests (including theft or vandalism). Manager shall indemnify, hold harmless and defend Member from and against any and all costs, expenses (including reasonable attorneys¡¯ fees), liabilities losses, damages, claims or demands of any kind asserted by or on behalf of any person arising out of the negligence or willful misconduct of Manager, its employees, agents or contractors (including theft or vandalism). To the extent that each party has the right to do so, each party to the Membership Agreement agrees to waive its rights of subrogation, which might otherwise exist whenever any loss, cost or expense is covered by insurance.
Miscellaneous. The Membership Agreement and these Premium Club Rules and Regulations, and all the terms and provisions thereof, shall inure to the benefit of and be binding upon the parties thereto, and their respective heirs, executors, administrators, personal representatives, successors and permitted assigns. No amendment or modification to the Membership Agreement shall be effective unless the same is in writing and signed by both Manager and Member, provided, however, that Manager reserves the right to modify or amend these Premium Club Rules and Regulations at any time and from time to time in its sole discretion. In the event of a conflict between these Premium Club Rules and Regulations and the Membership Agreement, the terms of the Membership Agreement shall prevail. The Membership Agreement, together with these Premium Club Rules and Regulations and all exhibits and schedules attached hereto and thereto, contains the entire written agreement of the parties with respect to the matters provided for therein, and shall supersede any oral or written agreement previously made or entered into by the parties.