Wisconsin Herd Ticket Purchase Terms and Conditions
1. The Wisconsin Herd (“Herd”) reserves the right in its sole and absolute discretion to refuse the purchase of Herd tickets, including but not limited to, full or partial season packages, or single game Herd tickets, whether the transaction occurred online, by mail, in-person or any other method. PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN THE HOLDER’S (DEFINED BELOW) RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH THE HOLDER GIVES UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
3. Herd tickets, including but not limited to Herd season tickets, are owned by the Herd. A Herd ticket is a revocable license issued by the Herd to the individual or corporate entity name that appears on the account of record. Breach of any of the terms herein and/or on the reverse side of the ticket shall entitle the Herd to all available legal remedies. The Herd reserve the right to revoke the license granted, in its discretion, by refunding the purchase price for any unused tickets.
4. If the Holder submits an order, the Holder warrants that the Holder has the authority to authorize charges to the credit card or other method of payment, as applicable. The Holder understands and agrees that the Herd are not liable, in any way, for erroneous bill statements or incorrect charges and that should an error occur in billing or debiting, the Herd’s only responsibility is to correct such error when and if the Herd receives written notice of such error. All sales and debits are non-refundable once the order is accepted by the Herd. The Holder understands that, at the Herd’s sole discretion, the Holder’s access to Herd games may be restricted or revoked if any authorized charge is refused or unable to be processed for any other reason. Incorrect information that prevents the Herd from processing the Holder’s credit card charge will be promptly communicated via telephone, fax or email to the contact person listed on this form. The Holder further acknowledges and agrees that it is solely the Holder’s responsibility to update any credit card information used as a payment method. It is also the Holder’s responsibility to notify the Herd in writing of any change of address or email address to assure prompt delivery of tickets, notices and other dated material from the Herd. The Holder understands that any payment authorization remains in force and effect until the Herd has received written notification of its termination in such time and manner as to allow the Herd a reasonable opportunity to act on it. If the Holder terminates such authorization, if a credit charge is denied by the credit card issuer, or if another method of payment is otherwise rejected, the entire unpaid balance of the Holder’s Herd tickets purchase must be paid in full within three (3) business days of the date of notification.
5. A $15.00 fee will be applied to the Holder’s account for each late payment, check return for insufficient funds, declined or expired credit card or other failure to make timely payment and such fee will be applied to the Holder’s next invoice/credit card installment. Additionally, the Holder understands and agrees that all costs or fees incurred by the Herd that result from any refused payments or payments that cannot be processed for any other reason are the Holder’s responsibility; that such fees will be added to the Holder’s outstanding account balance; and that the Herd shall not be liable for any fees charged to the Holder by the depository.
6. The Holder understands that all pricing, seat locations and/or games selected are subject to availability and that the Herd do not guarantee or warrant, by the Holder’s purchase or otherwise, any of the same. Tickets are available on a first come, first serve basis, within the time frames established by the Herd. The Herd may limit quantities of, or refuse tickets ordered at the Herd’s sole discretion for any reason. In the event Oshkosh Arena’s (the “Arena”) seating capacity is less than 100% as a result of mandated capacity requirements, as determined by the Herd in its sole discretion, the Herd reserve the right to reconfigure the seating of the Arena as well as relocate the location of any tickets to as close to the original location as possible, subject to seating availability. In the event it is necessary to relocate the location of these tickets to an alternate price point location, the difference in cost will be reimbursed to the Holder. For any postponed games that may affect tickets, the Holder will be contacted by Herd staff with further instructions regarding the tickets.
7. This ticket and the Holder’s admission to the Arena are subject to all safety and health requirements and policies relating to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”) put in place by the Herd, NBA G League, and Arena, including any such policies and requirements described in the Supplemental Terms (collectively, the “Safety Requirements”). The Holder acknowledges and agrees to comply with the Safety Requirements and acknowledges and agrees that attendance at the Event is conditioned on such compliance.
8. The Holder agrees, on behalf of the Holder and Holder’s Related Persons (defined below), that the Holder and each such other individual will not attend the game or event at the Arena if any such individual has been directed by a healthcare provider or public health authority to quarantine, isolate, or otherwise refrain from interacting with members of the public due to a diagnosis of or exposure to COVID-19 or any illness or other medical condition.
9. Playoff tickets and renewal rights for tickets purchased may be offered at the option of the Herd and are subject to revocation at any time. Accordingly, the Herd reserve the right for any reason whatsoever (i.e., with or without cause) not to extend rights for playoffs or renew any tickets purchased as “season tickets” or to change the seat location previously assigned to any ticket order.
10. Failure to adhere to ticket purchase payment terms shall entitle the Herd, in their sole discretion, to cancel the Holder’s purchased tickets and/or reject the Holder’s submission of any future orders.
11. The Herd are not responsible for interrupted transmissions, network, server, website or other connections availability, technical failure or other errors of any kind whether human, mechanical, electronic or network related to the Holder’s transaction.
12. The Holder hereby represents and warrants that: (i) the Holder has the full power and authority to enter into and perform under these Terms and Conditions, and (ii) the Holder will comply with all rules and policies of the NBA G League (including the NBA G League Fan Code of Conduct), the Herd, the Arena, terms of the tickets as stated on the reverse side of the tickets, and all applicable laws and regulations in engaging in all activities arising from, relating to or connected with the Holder’s purchase and use of Herd tickets.
13. This Agreement shall be governed by and construed in accordance exclusively with the laws of the State of Wisconsin without regard to its conflicts of law rules.
14. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision were omitted.
15. The Holder agrees that the Holder shall have absolutely no right whatsoever to assign, transfer, sublicense, sell, mortgage, pledge, or allow attachment of liens or charges against the Holder’s Herd tickets, without the consent of the Herd.
16. If the Herd hereto shall be prevented, in whole or in part, from performing its obligations hereunder due to Act of God, war, national emergency, weather, civil disturbance, labor dispute, governmental or court order or other similar cause beyond such party’s reasonable control (a “Force Majeure Event”), then the Herd shall be excused from performance and shall not be considered to be in default with respect to any obligations hereunder.
17. The Herd reserve the right in their sole discretion to amend, update, or modify policies and procedures relative to Herd tickets and any payment plan upon written notice to the season ticket account holder of record.
18. The Holder grants permission to the Herd and NBA G League (and their respective designees and agents) to utilize the Holder’s image, likeness, 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, the game in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. In addition, the Holder grants to the NBA G League and the Herd permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
19. The Holder voluntarily assumes all risk and danger of personal injury (including death), any risk of contracting a communicable disease or illness (including exposure to COVID-19, as well as any mutation, adaptation or variation thereof), a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), and all hazards arising from, or related in any way to, the game (including, but not limited to, injuries caused by players, fans, basketballs or other objects) whether occurring prior to, during or after the game, howsoever caused and whether by negligence or otherwise by the Herd. The Holder and the Holder’s guests agree that neither the Herd, the NBA G League or their respective affiliates, employees, agents or owners are liable for any injury, illness, paralysis virus or disease contraction (including, but not limited to, COVID-19), disability, death, or property damage from such causes.
20. The sale or resale of any and all Herd tickets by unauthorized means is prohibited and violation of this policy may result in the cancellation of unused tickets. Discounted group, promotional or complimentary tickets may not be resold without the express written consent of the Herd. Season ticket holders may resell their tickets on an occasional basis via NBATickets.com or as otherwise authorized by the Herd, however, the Herd reserve the right to cancel or revoke any tickets or accounts where, in the Herd’s sole discretion, the purchase of season tickets is for the primary purpose and intent of reselling tickets on the secondary market. In addition to the foregoing, to ensure that all game or event patrons agree to, and comply with, all Safety Requirements and all other NBA G League, Herd and Arena rules, tickets may not be resold or offered for resale on any platform other than a platform expressly authorized by the Herd or the NBA G League. Without limiting the foregoing, any transfer of any ticket to any person who fails to satisfy any Safety Requirement (including pre-event requirements established by the Herd or the Arena) may be voided by the Herd and the Holder’s ticket cancelled.
21. This Agreement constitutes the entire Agreement of the parties with respect to the matters provided for herein and is not intended to be modified or limited in any way by any other written instrument or oral agreement previously made or entered into by the parties hereto.
22. Should any current or future dispute, claim or cause of action related to the ticket or the game arise between the Holder and the Herd, NBA G League, or the Arena, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to Future Bucks LLC, Attn: Michael T. Sneathern, Chief Legal Officer, 1543 N. 2nd Street, 6th Floor, Milwaukee, WI 53212. The Holder and the Herd, NBA G League, and/or Oshkosh Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in Milwaukee, Wisconsin conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Herd and NBA G League are engaged in transactions involving interstate commerce with respect to the game). The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE HOLDER, THE ARENA, THE HERD AND THE NBA G LEAGUE AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA.
23. THE HOLDER EXPRESSLY ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN CATEGORIES OF PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS. THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE GAME OR EVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE GAME OR EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.
24. The Holder agrees not to create, transmit, distribute, misappropriate or sell (or aid in creating, transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, photograph, image, video, audio, livestream, or other form of exploitation or reproduction of the Herd game or event (collectively, “Event Works”). Notwithstanding the foregoing, the Holder agrees that by causing this ticket to be scanned upon entry, the Holder shall be deemed to have signed the ticket and granted to the Herd and NBA G League an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Event Works. This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Herd and NBA G League.
25. On behalf of the Holder (or the user of the Holder’s ticket for any particular game) (“Holder”) and the Holder’s Related Persons, the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the game or event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the game or event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the game or event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.
As used herein:
26. If any provision or part of these terms or the Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and the Agreement remain valid and binding.