Season Pass Terms and Conditions and Arbitration Agreement (“Terms”)
By purchasing a season pass from the Tampa Bay Buccaneers (including Buccaneers Team LLC and the Buccaneers Stadium LLC) (“Buccaneers”, “we” or “us”), the season ticket holder shown on the season pass invoice (“you” or “your”) agrees to the following terms and conditions and the Individual Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) (collectively, “Terms”). However, you may reject the Arbitration Agreement by following the steps noted in that section within sixty (60) days after you first make a payment for the season pass.
The season pass is an indivisible revocable license issued annually by the Buccaneers that provides you tickets to attend all pre‐ season and regular season Buccaneers home games played at Raymond James Stadium (“Stadium”). Season passes expire after one season. Issuance of a season pass to you creates no rights beyond that season (for example, it does not create a right to renew the season pass for any subsequent year or a right to specific seats if permitted to renew). The season pass includes parking if shown on the invoice, which may be accessible or sent electronically. The Ticket Terms that accompany a ticket contain additional terms that govern use of the ticket. A copy of these terms is below and at www.Buccaneers.com/termsandconditions. There are also Ticket Policies and Procedures (including a “Fan Code of Conduct”) that govern use of a ticket. See http://www.Buccaneers.com/ticketpoliciesandprocedures. The Buccaneers may at any time change, modify, revoke and/or alter the Ticket Terms and the Ticket Policies and Procedures and may institute new, supplemental and/or additional rules and regulations, all of which may be done in the Buccaneers’ sole and absolute discretion. It is your responsibility to check www.buccaneers.com for current terms. To the extent these Terms conflict with the Ticket Terms or the Ticket Policies and Procedures, the provisions of these Terms will control. Parking is governed by these Terms, the Ticket Terms, and the terms on the parking pass or ticket.
Pay as We Play Post-Season Tickets
Post-season tickets are an additional cost above and beyond the season pass. You may agree to purchase, at the preferred post‐ season ticket cost, the same ticket(s) to all Buccaneers home post‐season games played at the Stadium, with the exception of the Super Bowl. If you want to purchase post-season tickets, check the box agreeing to purchase these tickets on the invoice, or other communication. By checking this box, you agree to purchase tickets to all available post-season home games. For each post-season home game, you agree to pay the post‐season ticket cost immediately after the Buccaneers clinch participation in such post-season home game. Your agreement to purchase post-season tickets, and any post-season tickets that you purchase through this “Pay as We Play” option, are governed by these Terms.
We reserve the right to revoke a season pass at any time with or without cause. If we revoke your season pass because of account ownership disputes or if we revoke your season pass without cause, your exclusive remedy is a refund of any amounts paid for which no corresponding benefits have been provided, which is determined in our sole discretion. If we revoke your season pass for cause, due to your default, you will not be entitled to any refund. Default includes, but is not limited to (1) violating Ticket Resale Limitations provisions (described below), (2) failing to make timely payment due on the season pass, (3) assigning or transferring season passes without our written consent in violation of the Transfer Limitations provisions (described below), and (4) violating any other provision of these Terms or any other Buccaneers, the National Football League (“NFL”), or Stadium terms or policies (e.g., the Ticket Terms, the Ticket Policies and Procedures, including the Fan Code of Conduct) which may be amended from time-to-time, including misconduct, drunkenness or disorderly behavior at the Stadium. You agree that demand for season passes is variable, and may depend on the current performance of the Buccaneers, scheduling, and other factors. You also agree it is impossible to determine at the time you agree to these Terms, the damage and loss that we would incur from the failure or default of your obligations under these Terms. Therefore, without limiting any of our rights under these Terms, in the event that we do not receive a payment from you by the due date, and you have not cured such nonpayment within ten (10) days of written notice of nonpayment, or in the event of season pass revocation due to your default, we reserve the right, in our sole discretion, to (1) cancel any unissued tickets, (2) deactivate any tickets issued to any or all future games, (3) retain all sums paid, and/or (4) be entitled to receive payment in full. We shall have no duty to mitigate any damages incurred by us as a result of a failure, default or violation by you. Neither the failure nor any delay of the Buccaneers to exercise any right under this Agreement operates as a waiver, nor will any single or partial exercise of any right preclude any other or further exercise of the same or of any right, nor will any waiver of any right with respect to any occurrence be construed as a waiver of such right with respect to any other occurrence. No waiver is effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Ticket Resale Limitations
The season pass is an indivisible revocable license. We acknowledge that you may not be able to use each of the tickets in the season pass. You acknowledge that the spirit of being part of the season ticket holder ‘club’ is not to generate financial gain or benefits by virtue of reselling the tickets, but rather is rooted in a desire to support the Buccaneers. As such, you acknowledge that resale and/or trade activity may be monitored and tracked by us. We reserve the right to revoke the season pass if we determine, in
our sole discretion, that you are (i) engaged in excessive reselling or trading tickets, (ii) reselling or trading tickets in a way that violates the spirit of being part of the season ticket holder ‘club,’ or (iii) if you sell any tickets outside of the ticket marketplaces approved by us. See the “Revocation” section for an explanation of the consequences for revocation. Resale and/or trade activity is strictly prohibited on Stadium grounds or within 1,500 feet of the Stadium or ticket office and results in automatic revocation of this license, and may also result in confiscation of tickets, refusal of entry into the Stadium, fine and/or arrest.
The season pass, including any privileges granted by the license thereunder, may not be sold, assigned, or transferred without our express written consent (which consent may be granted, withheld, or conditioned in our sole discretion). Any such sale, assignment, or transfer without our express written consent is void.
Changes, Exchanges and Refunds
The date and time of games (and opening of the gates) and the opponent are subject to change by the NFL and/or the Buccaneers. No refund or credit will be provided if a ticket holder cannot attend a game or for any other reason. Requests for season ticket relocation are reviewed on a case-by-case basis and accepted in our sole discretion. We have the right to relocate your seat(s) at any time for any reason, and no such relocation shall entitle you to a refund or any other remedy if you are relocated to seat(s) with a comparable value as determined in our sole discretion. There are no refunds on season pass or ticket payments, including in the event of season pass revocation, except as set forth herein or in our sole discretion.
Relocated or Unplayed Games
If fewer than ten (10) pre‐season and regular season games are played at the Stadium during the season due to circumstances within our control, we will either (1) reduce the total amount due by the value of the season pass ticket for the game(s) not played at the Stadium, as determined by us and may vary by game, (the “Unplayed Ticket Value”), (2) issue a credit to your season pass account for the Unplayed Ticket Value, or (3) at your written request to: Guest and Member Relations, Attn: Unplayed Game Refunds, One Buccaneer Place, Tampa, FL 33607, issue a refund in the amount of the Unplayed Ticket Value. However, if any home game(s) at the Stadium are unplayed due to circumstances beyond our control, including a strike, lockout, or other work stoppage (collectively a “Labor Disruption”), relocations required by the NFL, civil commotion, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, terrorism, sabotage, governmental regulations or control, weather, fire or other casualty, construction delays, inability to obtain any material, services, insurance proceeds, or financing, or through acts of God, then you will remain obligated to pay all sums due under these Terms. We will hold such funds as a credit on your season pass account and apply such credit towards season passes after the conclusion of the Labor Disruption or after the resolution of the circumstance beyond our control.
Returned Payment Fee
We may assess a $25 returned payment fee for a returned payment. A returned payment is an electronic debit, payment check, or similar payment instrument, which is returned unpaid or cannot be processed. We may add this fee the first time your payment is returned, even if it is not returned upon resubmission. The fee will not exceed the amount permitted by law.
You authorize us and our affiliates, agents, and service providers (collectively, the “Messaging Parties”) to contact you using automatic dialing systems, artificial or prerecorded voice messages, texts, email, or any similar methods to provide you with information about the Buccaneers, the Stadium, these Terms, and your season pass, including information about payments, games, other events, and/or offers from us. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless and VOIP numbers) or email addresses you supply to the Messaging Parties, even if you are charged for the call or email by your service provider. You expressly authorize the Messaging Parties to monitor and record your calls. At any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice messages, for example, by calling Guest and Member Relations at 813‐870‐2700, writing to: Guest and Member Relations, Attn: Marketing Opt-Outs, One Buccaneer Place, Tampa, FL 33607, or in person at the Buccaneers box office. To stop text messages, you can reply “STOP”. To stop emails, follow the opt‐out instructions included at the bottom of the emails.
Monthly Payment Plan Automatic Renewal
If you enrolled in the Monthly Payment Plan, you agree that we may, in our sole discretion, automatically renew your season pass and your agreement to participate in the Monthly Payment Plan. We have the discretion to set the renewal terms and conditions, including at higher prices or on different terms and conditions. To prevent auto renewal, provide written notice at any time before the final payment of the current season pass is due. Written notices must be sent to Guest and Member Relations, attn. Season Pass Cancellation, One Buccaneer Place, Tampa, Florida 33607. All renewals are subject to these Terms until or unless new Terms are
issued in conjunction with the new season. If any provision contained in these Terms conflicts with any provision the new Terms, the provision contained in the new Terms will govern and control.
Monthly Payment Plan Price Increases After Enrollment or Renewal
We set season pass prices annually. The initial disclosure of payments due on the Monthly Payment Plan is based on the prior season pass price, which is subject to increase by us. Once the season pass price is finalized, we will notify you of the final payment schedule and pricing through a new invoice, email, or other written communication (collectively, “Notification”). If prices are increased, the new payment schedule will have higher monthly payments for the remaining payments. Any balance due will be determined by subtracting the amount already paid for the upcoming full season from the new season pass price.
Once you enroll in the monthly payment plan, or your enrollment is renewed, you may not cancel your agreement to purchase the season pass, even if we increase the price for the season pass, provided that price increase does not increase the cost of the season pass (excluding parking, taxes or other fees) by more than 5%. If we increase the cost of your season pass (excluding parking, taxes or other fees) by more than 5%, you may cancel your season pass by sending written notice to the Buccaneers no later than twenty‐ one (21) days after the Notification is sent.
Price Increase Cancellations: In the event you cancel in accordance with these Terms, you can either (1) use the amount already paid as a credit to purchase single game or group tickets to Buccaneers home games during the upcoming season or (2) receive a full refund of all amounts already paid. To cancel, notify us in writing at: Guest and Member Relations, Attn: Season Pass Cancellations, One Buccaneer Place, Tampa, FL 33607. Refunds will not be issued until thirty (30) days after the twenty-one (21) day notice period expires.
Tampa Sports Authority
Ticket sales are subject to a surcharge imposed by the Tampa Sports Authority. If we determine that an adjustment is required, it will be provided within sixty (60) days of the determination date.
In the event of a dispute between you and us, the prevailing party shall be entitled to recover all of its attorneys’ fees and costs incurred in or related to the litigation or arbitration of such dispute, including any appellate proceedings.
Choice of Law
These Terms will be construed and enforced in accordance with all applicable federal laws and the laws of the state of Florida without regard to any other applicable principles of conflict of laws.
If any provision of these Terms is determined to be invalid or unenforceable, such provision will be amended to the minimum extent necessary to make such provision enforceable and the remainder of these Terms will not be affected, but will continue to be valid and enforceable to the fullest extent permitted by law.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
The Tampa Bay Buccaneers (including Buccaneers Team LLC and the Buccaneers Stadium LLC) (“Buccaneers”, “we” or “us”) and the season ticket holder shown on the season pass invoice (“you”) each may elect to resolve any and all claims and disputes whatsoever, including those relating in any way to any season tickets, season pass plans, payments, invoices, games, the Stadium/venue, marketing efforts, promotions or any of our dealings with one another during any season (“Claims”), except for claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1‐16 (“FAA”), and not by state law. If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800‐778‐7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator you and we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in Hillsborough County, Florida, where most Buccaneers home games are played. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non‐parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including to those you permit to use your tickets and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court, whichever is less, in Hillsborough County, Florida. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self‐help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Arbitration Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of any season pass and any related agreement, your fulfillment or default of your obligations under any season pass or any related agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
You Have The Right To Reject This Arbitration Agreement, But You Must Exercise This Right Promptly.
If you do not wish to be bound by this Arbitration Agreement, you must notify us in writing within sixty (60) days after your payment. You must send your request to: Guest and Member Relations, Attn: Arbitration Opt-Outs, One Buccaneer Place, Tampa, FL 33607. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Buccaneers season pass.” If you exercise your right to reject arbitration, the other terms of any season pass shall remain in full force and effect as if you had not rejected arbitration.
Revised as of June 15, 2018
Buccaneers Ticket Terms (“Ticket Terms”)
This ticket is a revocable license that only grants ticket holder entry into the Raymond James Stadium (“Stadium”) and a spectator seat (or, if specified on the ticket, a standing location) for the specified National Football League (“NFL”) game (the “Game”). This license may be revoked (e.g., admission refused or ticket holder ejected) at any time and for any reason in the sole discretion of the Tampa Sports Authority and its employees, officers, directors, owners, members, agents, or contractors (collectively “TSA”); Tampa Bay Buccaneers, including Buccaneers Team LLC and Buccaneers Stadium LLC, and any respective employees, officers, directors, owners, members, agents, or contractors (collectively “Buccaneers”); and Stadium. Collectively, the TSA, Buccaneers, and Stadium are the “Stadium Entities.” If this license is revoked, any accompanying parking pass, which is also a revocable license, is revoked as well.
No person, regardless of age, may enter the Stadium without a ticket. Proof of entry should be retained throughout the Game and related events to allow ushers to verify the seat location to which the ticket holder is entitled. Re-entry is prohibited.
THE SOLE AND EXCLUSIVE REMEDY if admission is refused or withdrawn for reasons other than ticket holder’s disorderly conduct or failure to comply with these Ticket Terms, or if the Game is canceled and not replayed, is a refund of up to the TOTAL shown on the front of this ticket (“Total Price,” also referred to as the “Unplayed Ticket Value”). The sole and exclusive remedy if any Game related event is canceled and not rescheduled is the additional price paid for that event, if any. Once a Game or Game related event begins, the Game or Game related event is deemed to have been fully performed, and ticket holder will not be entitled to a refund if the Game or Game related event is terminated early for any reason. Further, the Stadium Entities’ liability for any breach of any term of this ticket shall not exceed the Total Price. IN NO EVENT SHALL THE STADIUM ENTITIES OR THE NFL BE LIABLE TO THE TICKET HOLDER, THE TICKET HOLDER’S HEIRS OR LEGAL REPRESENTATIVES, OR ANYONE CLAIMING THROUGH THEM OR ON THEIR BEHALF FOR (1) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING ANY AMOUNT PAID FOR THIS TICKET TO A THIRD PARTY IN EXCESS OF THE TOTAL PRICE, (2) REIMBURSEMENT
OF ANY TRAVEL-RELATED EXPENSES; OR (3) ANY DELAY CAUSING THE TICKET HOLDER TO ARRIVE LATE OR MISS THE EVENT FOR ANY REASON.
The date and time of the specified Game (and opening of the gates and related events), and the opponent are subject to change by the Stadium Entities and/or the NFL in their sole discretion, and no such change shall entitle ticket holder to a refund or any other remedy if ticket holder cannot attend or for any other reason. Stadium Entities also make no representation and have no obligation to any ticket holder that any particular player(s) or performer(s) will appear in the Game or related events.
Ticket holder may be relocated to an alternative seat in the sole discretion of the Stadium Entities, and no such relocation shall entitle ticket holder to a refund or any other remedy if ticket holder is relocated to a seat with a comparable value as determined in the Buccaneers’ sole discretion.
Ticket holder and his/her belongings may be searched prior to or upon entry into the Stadium and/or other security checkpoints, and prohibited items may be confiscated. Ticket holder must comply with the Stadium Entities’ security policies, including any bag policy. Ticket holder consents to such searches and waives any claims against the NFL, its Member Clubs, its affiliates, or its agents arising from or relating to such searches. If ticket holder elects not to consent to these searches or comply with these security policies,ticketholderacknowledgesthattheNFLand/ortheStadiumEntitieshavetherighttorefuseadmission. Norefundorother remedy will be provided if ticket holder is refused admission or ejected due to disorderly conduct or failure to comply with these Ticket Terms or any security policies prior to or following entry.
Resale of tickets is prohibited, except to the extent permitted through authorized fan-to-fan ticket marketplaces. Resale is not permitted on Stadium grounds or within 1,500 feet of the Stadium or ticket office and may result in confiscation of tickets, refusal of entry into the Stadium, fine and/or arrest. Violation of these resale restrictions results in automatic termination of this license and admission refused for the resold ticket without refund. Ticket holders are responsible for their own conduct and that of their invitees, guests and/or any person using their ticket.
TICKET HOLDER ALSO ACKNOWLEDGES AND AGREES that by tendering this ticket and entering the Stadium, ticket holder, on behalf of him/herself and, to the extent permitted by law, any accompanying minor(s), agrees to the following additional terms, conditions and waivers:
Ticket holder assumes all risks incident to the Game and related events, including the risk of lost, stolen or damaged property or personal injury of any kind and hereby waives any and all claims or potential claims arising from such risks, damage or injuries. Ticket holder further agrees to release, indemnify, and hold harmless the Stadium Entities from and against any claims, losses, liability, damages, actions, suits, and expenses, including attorneys’ fees and other costs, arising out of or relating to the Game and related events, these Ticket Terms or breach of these Ticket Terms, including any personal injury or property damage occurring in or around the Stadium (including the parking lots), whether such claims are now existing or later arising, and whether or not such loss is alleged to be caused by the negligence of any of the Stadium Entities. Further, ticket holder is responsible for all damage caused to the Stadium seats by the ticket holder, ordinary wear and tear excepted. Ticket holder must pay promptly to the Stadium Entities and/or Hillsborough County, Florida, the costs for any repairs or replacement necessitated by any such damage.
Ticket holder may not transmit or aid in transmitting any photographs, images, videos, live streams or other accounts or descriptions (whether text, data or visual) in any media of all or any part of the Game or related events (the “Works”). Transmission or other distribution by, to, or for any commercial enterprise, and any public performance or display, direct or indirect, are also strictly prohibited. Use, operation, deployment, or monitoring of any aerial vehicle, including any fixed wing, rotoaircraft, drone, rocket, powered balloons, ultralights, or model aircraft, regardless of whether controlled by line of sight, radio frequency, tethers, or any other means, is prohibited at any time on or near the Stadium. Violators may be subject to prosecution and fines for violations of FAA regulated airspace restrictions. Any recording, photograph, video, or other content related to a Game obtained through the use of such aerial vehicles is prohibited and is subject to confiscation. Ticket holder agrees that by causing this ticket to be scanned upon entry to the Stadium, ticket holder shall be understood to have signed this document and granted the NFL an exclusive, worldwide, sub-licensable, royalty-free license to all copyrights associated with the Works.
Ticket holder grants to the Buccaneers, the NFL, and their respective designees the irrevocable permission to use his or her name, nickname, voice, image, and/or likeness in any and all media now or hereafter existing in connection with all or any part of the Game or related events, for any purpose whatsoever, including the commercial purposes of the NFL, the Buccaneers, their respective designees, sponsors, licensees, advertisers and/or broadcasters, without further permission or compensation and hereby waives any and all claims or potential claims relating to such use.
The Stadium Entities are not responsible for lost, stolen, scalped, destroyed, or counterfeit tickets, as well as tickets sold in violation of any applicable law, and may refuse to honor them. To the extent that multiple copies and print-outs of the same ticket can be created, only the first copy or print-out that is presented and scanned for admission will be valid for admission; tickets with barcodes that have already been scanned are not valid for admission to the Game or related events. This ticket may not be used for, nor may
any ticket holder enter the Stadium for, advertising, promotion or any other commercial purposes (including contests, sweepstakes and giveaways) without Buccaneers’ and/or NFL’s express written consent.
The Buccaneers reserve the right to add to, delete, or otherwise change these Ticket Terms, in whole or in part, at any time, and without prior notice. For the most up to date Ticket Terms, visit http://www.buccaneers.com/termsandconditions/ or send a self- addressed, stamped envelope to: Ticket Terms, Tampa Bay Buccaneers, One Buccaneer Place, Tampa, Florida 33607.
Ticket holder’s use of wireless Internet in and around the Stadium (“RJSWiFi”) is subject to the terms and conditions of use which can be found at http://www.buccaneers.com/wifi/. By accessing, connecting to, and/or using RJSWiFi, you accept and agree to all such terms and conditions of use.
These Ticket Terms are governed by Florida law, without regard to conflict of law provisions, and by any applicable federal laws. Disputes arising out of or related to these Ticket Terms will be resolved individually without resort to class action, and ticket holder agrees to submit to the personal jurisdiction and venue of the federal and state courts comprising Hillsborough County, Florida. If any provision of these Ticket Terms is determined to be invalid or unenforceable, such provision will be amended to the minimum extent necessary to make such provision enforceable and the remainder of these Ticket Terms will not be affected, but will continue to be valid and enforceable to the fullest extent permitted by law.
Revised as of June 15, 2018