2024 Advantage Membership Terms and Conditions

AUTOMATIC RENEWAL. MEMBER ACKNOWLEDGES AND AGREES THAT MEMBER¡¯S ACCOUNT IS ENROLLED IN AUTOMATIC RENEWAL, WHICH PERMITS CLUB TO AUTOMATICALLY RENEW MEMBER¡¯S TICKETS ON AN ANNUAL BASIS. MEMBER HEREBY AUTHORIZES CLUB TO AUTOMATICALLY RENEW MEMBERSHIP FOR THE FOLLOWING SEASON. DURING CLUB¡¯S ANNUAL RENEWAL PERIOD, MEMBER WILL RECEIVE AN EMAIL WITH THE PRICE OF MEMBER¡¯S TICKETS AND PAYMENT SCHEDULE. MEMBER MAY CANCEL MEMBERSHIP BY PROVIDING WRITTEN NOTICE TO CLUB BEOFRE AUGUST 30, 2023. ABSENT CLUB¡¯S CONFIRMATION OF SUCH WRITTEN NOTICE, MEMBER¡¯S CREDIT CARD WILL BE CHARGED FOR AUTOMATIC RENEWAL AND MEMBER SHALL BE RESPONSIBLE FOR ALL PAYMENTS DUE FOR THE FOLLOWING SEASON.

1. Applicability. Member acknowledges and agrees that these Terms & Conditions shall apply to the tickets purchased under this transaction and all other ticket transactions between the parties throughout the season (collectively, this ¡°Agreement¡±). These Terms & Conditions shall also apply to renewals of any ticket rights and future ticket transactions between the parties. Club reserves the right to modify, update, and/or replace these Terms & Conditions in its sole discretion (¡°Updated Terms & Conditions¡±). Member¡¯s purchase or use of any tickets after any Updated Terms & Conditions are made available to Member shall be deemed as Member¡¯s acceptance of such Updated Terms & Conditions.
2. Payments. Member will receive an invoice from AZPB Limited Partnership dba Arizona Diamondbacks (¡°Club¡±) for all payments due. If any payment is not made in full by its due date, interest shall accrue on all unpaid amounts at the rate of one and one-half percent (1.5%) per month. Lost or stolen tickets can be replaced upon payment of their full face value.
3. Ticket Policy. Member acknowledges that each ticket issued by Club is a separate, non-renewable, and revocable license which only permits the bearer the right to: (a) enter the publicly-accessible areas of Chase Field at times determined by Club; (b) attend the game identified on the ticket; and (c) sit in the seat location identified on the ticket. This Agreement and all tickets are revocable at Club¡¯s sole and absolute discretion, with or without cause. Club reserves the right to take appropriate action against all persons who fraudulently obtain wheelchair and companion seats including, without limitation, ejection and legal action. All tickets are subject to the standard terms and conditions of such tickets as set forth by Club and/or Major League Baseball (¡°MLB¡±) including, but not limited to, the Advantage Membership Terms and Conditions available on www.dbacks.com/advantage (collectively, ¡°Terms¡±). By using the tickets, Member agrees to be bound the Terms. Resale or attempted resale of any ticket in a manner or at a price in violation of any federal, state, or local law or regulation is grounds for seizure of Member¡¯s tickets and/or cancellation of this Agreement without refund or other compensation, and may result in a criminal sanction, fine, or other penalty. Any such sale or attempted sale shall constitute an event of default hereunder. Member shall not offer or otherwise utilize any tickets or other benefits issued to Member pursuant to this Agreement for advertising, promotional purposes (including sweepstakes or contests), or other trade purposes without Club¡¯s prior written consent.
4. Ticket Resale. In the event Member is deemed to be a Ticket Reseller (as determined by Club in its sole discretion), Club may revoke Member¡¯s tickets.
5. Indemnification. Member shall indemnify, defend, and hold harmless Club, AZPB REM Limited Partnership, AZPB FM Limited Partnership, Arizona Diamondbacks Foundation, Inc., Arizona Diamondbacks Events and Entertainment LP, Maricopa County Stadium District, and their respective successors, partners, members, principals, representatives, parents, subsidiaries, affiliates, consultants, insurers and sureties, assigns, officers, directors, employees, and/or agents (collectively, ¡°Indemnified Parties¡±) from any claims, actions, damages, losses or expenses made against or suffered by the Indemnified Parties because of or based upon any misrepresentation, negligence, act or omission, or failure to perform any obligation under this Agreement by Member (or any person using Member¡¯s tickets).
6. Default; Limitation on Club¡¯s Liability. It shall be a default of this Agreement if Member: (a) fails to pay any fees when due under this Agreement; (b) fails to comply with or perform any provisions of this Agreement; or (c) becomes insolvent. In the event of a default by Member, Club: (i) shall be excused from further performance under this Agreement; (ii) may treat this Agreement as having been terminated as of the time of default; (iii) without further notice and with or without terminating this Agreement, may terminate Member¡¯s rights described herein; (iv) may, without further notice or demand, declare any amount owed by Member that is unpaid (irrespective of its due date) immediately due and payable; and/or (v) may recover from Member all losses and damages it suffers by reason of a default. In the alternative, at its option, Club may continue this Agreement and recover all damages resulting from the default. Member acknowledges that Club has other available ticket inventory that Club sells, trades, or makes available to third parties. Member understands that, in the event of a default by Member, Club shall have no obligation to sell Member¡¯s tickets first, and should Club elect to transfer any rights to Member¡¯s tickets to a third party, such transfer shall not be deemed a mitigation of Club¡¯s damages unless all other available tickets at Member¡¯s price point have been sold. In the event of a default by Club, Member may: (i) treat this Agreement as having been terminated as of the time of default and thus be excused from further performance under this Agreement; or (ii) continue this Agreement and recover all damages resulting from the default. THE MAXIMUM LIABILITY OF CLUB UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL PRICE LISTED ON THE FIRST PAGE OF THIS AGREEMENT. In no event shall Club be liable or responsible for any lost income, lost profits, or consequential damages of Member or any person or entity.
7. Force Majeure. If a game cannot be played because of fire, the elements, mob, riot, national or local emergency, strikes, lockouts, work stoppage, calamity, epidemic, war, terrorism, government orders, or for any other reason outside the control of Club, Club shall provide Member with a credit that can be applied to future Club games (subject to availability for the game requested).
8. Ticket Credit. All credits issued to Member for the 2024 season (including, without limitation, unused deposits) are: (a) nonrefundable; (b) shall expire at the conclusion of the 2024 regular season; and (c) shall be retained by Club upon expiration.
9. Ticket Management Tools. Member¡¯s Ticket Management Tools, including the ability to exchange and return tickets, will not be available to the Member until account is Paid in Full.
10. Assignment. Member may not assign this Agreement without the prior written consent of Club, which consent may be withheld in Club¡¯s sole discretion.
11. Governing Law and Legal Remedies. This Agreement shall be governed and controlled by the laws of the State of Arizona. The venue for any dispute between the parties shall be Phoenix, Arizona. The prevailing party in any court or arbitration proceeding shall be entitled to recovery of its reasonable attorney¡¯s fees and costs.
12. Authority. Each individual executing this Agreement on behalf of, or as representative for, a person, partnership, corporation or other entity represents that he/she is duly authorized to execute and deliver this Agreement on behalf of such person or entity, and that this Agreement is binding upon such person or entity in accordance with its terms.
13. Future Contact. Member hereby gives permission to Club to contact Member about future tickets opportunities and offers. Opt outs apply.
14. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties as to the subject matter of this Agreement, and may not be amended except by a writing signed by both parties. In the event of a conflict between this Agreement and any other agreement between the parties, this Agreement shall control.