Ticket Terms and Conditions

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 YOUR RIGHTS UNDER THE HERD TICKETS AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE 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 HERD TICKETS OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
  2. An order to purchase Herd tickets is an offer to purchase which the Herd may accept or reject in their sole discretion. In placing an order, you represent and warrant that you are at least 18 years of age and that you agree to these Terms and Conditions, including the Herd privacy policy (together, the “Agreement”).
  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 receives 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 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 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. In the event Oshkosh Arena’s 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 Oshkosh 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 you. For any postponed games that may affect tickets, you will be contacted by Herd staff with further instructions regarding your tickets.
  7. Due to the uncertainty related to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is also known as COVID-19 (“COVID-19”), all tickets and your admission to Oshkosh Arena are subject to all safety and health requirements and policies put in place by the Herd, NBA G League, and Oshkosh Arena, including requirements relating to face masks and enhanced health screenings (which may include a requirement that you, and any person in your party, be tested for COVID-19 prior to or during the game) and those policies and requirements of local health authorities (including, but not limited to, the City of Oshkosh and the Centers for Disease Control and Prevention). Such policies and requirements as they may be updated from time to time (in the sole determination of the Herd, NBA G League and/or Oshkosh Arena) and as they may be communicated to you prior to or during the game (whether orally or in writing) by, for example, instruction provided by the Herd or Oshkosh Arena personnel or signage in or around Oshkosh Arena, are collectively referred to as the “Safety Requirements”.  You acknowledge and agree to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the game), and attendance at the game is conditioned on such compliance.
  8. You agree that neither you, nor anyone in your party, will attend the game or event if, within the prior 14 days, any such individual has tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention (“CDC”)), any one or more of the following is true on the day of the game or event:
  • Within the prior 14 days, you (or any person in your party or with whom you have had close contact has) were exposed to someone who has tested positive for COVID-19;
  • Within the prior 48 hours, you have (or any person in your party or with whom you have had close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”))); anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to the game or event should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending; or
  • Within the prior 14 days, you have (or any person in your party or with whom you have had close contact has) travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
  1. 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.
  2. 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.
  3. 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.
  4. 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, Oshkosh 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. You (or the user of your ticket for any particular game) grant permission to the Herd and NBA G League (and their respective designees and agents) to utilize your 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, you grant to the NBA G League and the Herd permission to collect, use, share and store certain of your facial and other biometric information as permitted by law, including for security purposes.
  11. 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 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 injury, illness, paralysis virus or disease contraction (including, but not limited to, COVID-19), disability, death, or property damage from such causes.
  12. 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 Oshkosh 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 Oshkosh Arena) may be voided by the Herd and your ticket cancelled
  13. 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.
  14. Should any current or future dispute, claim or cause of action related to the ticket or the game arise between the Holder (defined below) and the Herd, NBA G League, or Oshkosh Arena, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to [insert address for disputes]. 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, OSHKOSH 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 OSHKOSH ARENA.
  15. 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.
  16. You agree not to transmit, distribute, misappropriate or sell (or aid in 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, video, audio or other form of exploitation or reproduction of the Herd game or event.  Your 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.
  17. On behalf of the yourself (or the user of your ticket for any particular game) (“Holder”) and the Holder’s Related Persons (defined below), 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, Oshkosh 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:

  • “Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the game or event with the Holder or for whom Holder has obtained an game or event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.
  • “Released Parties” means: (i) the National Basketball Association G League and its member teams (including the Herd), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of Oshkosh Arena; (iii) all third parties performing services at Oshkosh Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.
  1. If any provision or part of these terms or the Agreement is held 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.