1. The Wisconsin Herd (“Herd”) reserves the right in their 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.
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 you submit an order, you warrant that you have the authority to authorize charges to the credit card or other method of payment, as applicable. You understand and agree 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 receive written notice of such error. All sales and debits are non-refundable once the order is accepted by the Herd. You understand that, at the Herd’s sole discretion, your 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 your credit card charge will be promptly communicated via telephone, fax or email to the contact person listed on this form. You further acknowledge and agree that it is solely your responsibility to update any credit card information used as a payment method. It is also your 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. You understand that any payment authorization remains in force and effect until the Herd have received written notification of its termination in such time and manner as to allow the Herd a reasonable opportunity to act on it. If you terminate 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 your 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 your 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 your next invoice/credit card installment. Additionally, you understand and agree 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 your responsibility; that such fees will be added to your outstanding account balance; and that the Herd shall not be liable for any fees charged to you by the depository.
6. You understand that all pricing, seat locations and/or games selected are subject to availability and that the Herd do not guarantee or warrant, by your 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.
7. 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.
8. Failure to adhere to ticket purchase payment terms shall entitle the Herd, in their sole discretion, to cancel your purchased tickets and/or reject your submission of any future orders.
9. 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 your transaction.
10. You hereby represent and warrant to us that: (i) you have the full power and authority to enter into and perform under these Terms and Conditions, and (ii) you will comply with all rules and policies of the NBA G League (including the NBA G League Fan Code of Conduct), the Herd, Menominee Nation 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 your purchase and use of Herd tickets.
11. 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.
12. The parties hereby agree that any claims or disputes regarding this Agreement shall be submitted to arbitration in Milwaukee under the rules of the American Arbitration Association.
13. 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.
14. You agree that you shall have absolutely no right whatsoever to assign, transfer, sublicense, sell, mortgage, pledge, or allow attachment of liens or charges against your Herd tickets, without the consent of the Herd.
15. 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.
16. 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.
17. You (or the user of your ticket for any particular game) grant permission to the Herd and NBA G League (and its designees and agents) to utilize your image, likeness, actions and statements and any live or recorded audio, video 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.
18. You (or the user of your ticket for any particular game) voluntarily assume all risk and danger of personal injury (including death), any risk of contracting a communicable disease or illness (including exposure to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is also known as COVID-19 (“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. You and your guests agree that neither the Herd, the NBA G League or their respective affiliates, employees, agents or owners are liable for any injuries from such causes.
19. 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, Herd tickets may not be used for advertising, promotion (including contests or sweepstakes) or other trade purposes without the express written consent of the Herd.
20. 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.
21. This Agreement provides for the exclusive resolution of disputes through individual arbitration on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any arbitration against the Herd or its affiliates shall be arbitrated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action. If your claim is subject to arbitration under Section 12 above, the arbitrator shall have no authority to arbitrate claims on a class action basis. You agree that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in Section 12 above, and if for any reason this class action waiver is unenforceable as to any particular claim, then, and only then, such claim shall not be subject to arbitration.
22. COVID-19 WARNING: An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against the Herd and its affiliated companies relating to such risks. You fully understand that (i) no precautions, including the protocols implemented from time to time by the Herd, its affiliated entities and/or third parties (including, but not limited to, federal and state governmental agencies and local health authorities) can eliminate the risk of exposure to COVID-19, (ii) people of all ages and health conditions can be and have been adversely affected by COVID-19 according to public health authorities and (a) people with certain underlying medical conditions are or may be especially vulnerable and (b) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, family members and other contacts, and (iii) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.