Season Ticket Policies and Procedures

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET 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 TICKET OR THE SPECIFIED EVENT FOR WHICH IT IS ISSUED.

 

The following terms and conditions (the “Agreement”) apply to the Denver Summit FC Continuous Season Ticket Holder Program (individually, a “Season Ticket,” collectively, the “Season Tickets”).

 

In this Agreement, “Denver Summit FC” means the professional National Women’s Soccer League team operated by Colorado Women’s Soccer Coalition, LLC, and “Season Ticket Holder” means an individual or entity who has purchased or is in possession of a Season Ticket and is a Club 5280 member. A “Season” shall mean the NWSL regular season games (“Games”) of Denver Summit FC as determined by the National Women’s Soccer League (“NWSL”) each calendar year, but expressly excludes pre-season and post-season. The breach of any of the terms and conditions contained herein will automatically terminate the grant of license and benefits provided by the Season Ticket.

 

Season Ticket Holder Benefits

  • Access to Club 5280 benefits 
  • Discount on Denver Summit FC merchandise
  • First access to single game tickets
  • Priority access to playoff tickets
  • Dedicated account executive 
  • Priority access to seats at Santa Fe Yards
  • One premium gift per Season Ticket account
  • Season Ticket holder only events

 

AUTOMATIC RENEWAL AND PAYMENT TERMS

 

By purchasing a Season Ticket, you are joining the Denver Summit FC Continuous Season Ticket Holder Program that will renew on an annual basis which will be communicated to Season Ticket Holders in writing under the following payment terms:

 

  1. Payment Plan Options. Season Ticket Holders will have access to two (2) payment plans:
  • Annual Plan: This plan allows Season Ticket Holders to pay 100% of the cost of their Season Tickets for the next Season at once. This payment may be made using those listed here http://tickets.denversummitfc.com.
  • Monthly Installment Payment Plan: This plan allows Ticket Holders to pay for the cost of their Season Ticket for the following Season by making ten (10) equal payments commencing on 30 days after written notice of the following Season Ticket is provided, with the next payments being due on the 5th day of each of the 9 next months. These ten (10) monthly payments may be made by Credit Card only. If the Credit Card is declined for a payment for any reason, Denver Summit FC will re-run the Credit Card 24 hours later and again 48 hours after the payment was initially declined. If payment has not been made at this point, Denver Summit FC will attempt to notify the Ticket Holder by email and/or telephone to request that the payment information be updated. If the issue with the Credit Card is not remedied within 15 days of the date payment was initially declined, Season Ticket benefits for the following season shall be suspended until payment in full is made.

 

Please note that any Playoff Matches will be billed to Season Ticket Holders on a match-by-match basis as such matches are confirmed, regardless of the payment plan selected by the Season Ticket Holder. See Section 3. Play-Off Tickets: Automatic Renewal below.

 

  1. Automatic Ticket Renewal.

 

With the purchase of a Season Ticket for the upcoming Season, Season Ticket Holders expressly agree to enter into a continuous and automatic renewal Season Ticket program. Through this program, unless the Season Ticket Holder chooses to opt-out of their Season Ticket in accordance with the procedures set forth in this Agreement, Ticket Holders will have their Season Ticket automatically renewed for the upcoming Season 30 days after Denver Summit FC provides electronic written notice of renewal.

 

Denver Summit FC’s Season Ticket Services Team will send a renewal notice to all Season Ticket Holders at least 30 days prior to the annual renewal deadline. This renewal notice will specify the new pricing for Season tickets for the upcoming Season, as well as any other ticket changes or Season Ticket Holder benefits. Season Ticket Holders may opt out of their Season Ticket for the upcoming Season at any time before the deadline by contacting a member of the Denver Summit FC Service Team or by completing THIS FORM. Any Season Ticket Holder who opts out of the next Season will retain their Season Ticket status for the remainder of the current season. Any outstanding or future Season Ticket payments relating to the current Season must be paid by the Season Ticket Holder.

 

If Denver Summit FC does not receive notice of cancellation within the time frame specified above, the Season Ticket Holder’s tickets shall be automatically renewed for the upcoming Season, and the Season Ticket Holder’s first payment shall be due and payable in accordance with the payment option selected under the Agreement.

 

Any changes to the price of the Season Ticket, or any material changes to the Season Ticket benefits, will be communicated to Ticket Holders at least 30 days prior to the automatic renewal date each year. If Season Ticket Holders wish to select a different payment plan at the start of each subsequent Season, they may do so by informing the Denver Summit FC Service department prior to the deadline for the following Season, provided that no change in a payment plan will be effective until confirmed in writing by Denver Summit FC.

 

Season Tickets cannot be suspended for any period of time. If a Season Ticket Holder chooses to cancel their Season Ticket(s) for any period, they will need to re-establish their Season Ticket, subject to availability, and be subject to the then-current Season Ticket pricing and benefits.

 

Individuals or entities who select a Season Ticket expressly authorize the initial and continued payments in accordance with their selected payment plan for the current Season and for each subsequent Season, until such time as they choose to opt-out of their Season Ticket as provided herein.

 

  1. Play-offs Tickets.

 

Because of the inherent uncertainty associated with playoff games, NWSL playoffs are not included in the Season Ticket and are at an additional cost above the annual Season Ticket cost. Season Ticket Holders automatically retain their seats for all NWSL playoff games, excluding NWSL Finals. Tickets will be charged in advance of each round. Notification of pricing will be sent to you prior to the end of the regular season. Upon release of the schedule, Denver Summit FC shall send Season Ticket Holders notice of ticket pricing information. Upon receipt of ticket pricing information, Season Ticket Holders may provide written notice through their online account, or by contacting their ticket representative, by the date listed in the notice to opt-out of the playoffs, not be charged, and said opt-out shall cause no change to the Season Ticket Holders’ status.

 

If Denver Summit FC does not receive notice of opt-out within the specified time frame, the Season Ticket Holder will automatically be charged the fee disclosed in the notice provided and receive tickets for those additional games applicable to the Season.

 

GENERAL TICKET HOLDER TERMS AND CONDITIONS

 

  1. REVOCABLE LICENSE

 

Denver Summit FC owns and controls all rights to seat locations for Denver Summit FC’s home games at its interim stadium in Centennial, Colorado, and its subsequent permanent stadium when Denver Summit FC begins play there (each a “Stadium”). A purchaser of tickets obtains a license, in the form of the ticket, to use the seat location at the then-applicable Home Stadium designated by the ticket. Denver Summit FC, in its sole and absolute discretion, may revoke this license at any time upon refunding the purchase price printed on the ticket to the Season Ticket Holder, OR after any misconduct by the Season Ticket Holder or the user of Season Ticket Holder’s ticket for any particular match (herein after referred to as a “Ticket User”), without refund. This license is granted on a game-by-game basis and is subject to all rules, regulations, and policies relating to tickets as established from time to time by Denver Summit FC, the Stadium, and NWSL. The Stadium reserves the right, at any time and with or without notice to Season Ticket Holder, to amend, modify or supplement its Stadium rules as it deems necessary, in its sole discretion, on an on-going basis and it is Season Ticket Holder’s obligation to be familiar with and comply with the Stadium rules in effect at the time a Ticket is used. Breach of any term of this Agreement or relevant ticket policies shall entitle Denver Summit FC to take all available legal remedies, including, but not limited to, revocation or cancellation of your Season Ticket Holder status. 

 

  1. PAYMENT AUTHORIZATION

 

The Season Ticket Holder understands that by signing the Season Ticket Holder Agreement, they are authorizing Denver Summit FC to bill the Season Ticket Holder’s costs in accordance with the payment terms selected by the Season Ticket Holder. For all Season Ticket Holder payments, this payment authorization shall remain in effect for so long as the Season Ticket Holder remains in effect. The Season Ticket Holder hereby represents and warrants that the Season Ticket Holder has the authority to approve charges in accordance with the listed payment information for the purpose of paying the Season Ticket Holder’s costs. Season Ticket Holder understands and agrees that Denver Summit FC is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, Denver Summit FC’s only responsibility is to correct it after it receives notice of the error. All deposits and/or payments made are non-refundable.

 

The Season Ticket Holder understands that it is solely the Season Ticket Holder’s responsibility to ensure the Season Ticket Holder’s payment information is current and to notify Denver Summit FC of any deficiencies, and that the Season Ticket Holder’s failure to do so within the specified time frame may result in a loss of Season Ticket Holder privileges and potential revocation of the Season Ticket. All payments are due on the specified dates, regardless of match cancellations or rescheduling. 

 

Denver Summit FC accepts American Express, Discover, MasterCard, and Visa for ticket orders. Checks are acceptable in advance only and may be made payable to: Denver Summit FC. Cash is acceptable for walk-up sales at the box office. A processing fee will be assessed for all orders. All sales are final. No refunds or exchanges are permitted.

 

  1. ACCOUNT OWNERSHIP

 

The Season Ticket Holder is the rights holder and can be either an individual or a business entity, as stated on the original Season Ticket Holder application. If the Season Ticket Holder is a business entity, an individual or primary contact name must be provided to Denver Summit FC. The business entity may request a name change for the contact person associated with its account at any time. A request to change the contact person of an entity must be submitted to Denver Summit FC in writing on company or entity letterhead and signed by an authorized representative of the entity.

 

Denver Summit FC’s acceptance of Season Ticket Holder payments for a Season Ticket from any individual or entity who is not the account holder for such Season Ticket Holder does not grant any Season Ticket Holder rights to such individual or entity, or cause or require Denver Summit FC to change the name of the Season Ticket Holder on the account. Any rights or privileges associated with a Season Ticket Holder belong only to the account holder of record as indicated on Denver Summit FC’s records. Denver Summit FC reserves the right to require that any transaction pertaining to a Season Ticket Holder held in a corporate name be supported by appropriate corporate confirmation documents. Season Ticket Holder accounts and/or account numbers are not transferable from one person or entity to another. The Season Ticket Holder name under which an account has been purchased may not be changed, with the following exceptions: Legal name change, change in marital status, change in business name, dissolution of business, sale of business, or death of account holder. All requests for changes to account information must be submitted in writing.

 

  1. TICKET LIMITS AND METHOD OF PURCHASE. 

 

Denver Summit FC reserves the right to set a limit to the number of Tickets that a Holder can purchase for a Game or as part of a Season Ticket Package (the “Authorized Limit”). Any purchase of Tickets in excess of the Authorized Limit, whether for any one Game or as part of a Ticket package, must be purchased through group sales. If a Game does not have a stated Authorized Limit, it is assumed the Authorized Limit is six (6) tickets for such Game. Determinations of whether a Season Ticket Holder has met the Authorized Limit are made based on account, household, credit card, email address, street address, or other personally identifiable information. A prospective purchaser may not avoid the Ticket limit by purchasing, controlling, coordinating, managing, or directing Ticket and Ticket Package purchases through, for example, aliases, separate forms of payment, separate corporate entities, or third parties. Denver Summit FC reserves the right to enforce this Ticket limit policy strictly, including by refusing to sell Tickets and Ticket packages that would cause this policy to be violated, and by revoking any Ticket packages relating to any account determined after initial purchase to have violated this policy. Denver Summit FC also reserves the right to make exceptions to this policy, in its sole discretion.

 

  1. 5. DECEPTIVE TRADE PRACTICES.

 

Colorado law restricts the purchase of tickets in excess of authorized limits for an online event ticket sale with the intent to resell. In accordance with Colorado Revised Statutes § 6-1-720(1)(a), it is a deceptive trade practice and unlawful to use or cause to be used “a software application that runs automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof, for the purpose of purchasing tickets in excess of authorized limits for an online event ticket sale with the intent to resell such tickets” or use or cause to be used “a software application that runs automated tasks over the internet that circumvents or disables any electronic queues, waiting periods, or other sales volume limitation systems associated with an online event ticket sale.” Accordingly, Denver Summit FC reserves the right to cancel Tickets purchased in violation of Colorado Revised Statutes § 6- 1-720(1) or any other federal, state, or local law. In such an instance, Denver Summit FC will issue a full refund at the original point of sale.

 

  1. FRAUD AND MISCONDUCT.

It is hereby considered fraud, misconduct and a violation of the Stadium rules to: (i) use or cause to be used an internet website to display any combination of text, images, web designs, or internet addresses, that causes such website to appear substantially similar to the internet website of the Stadium; (ii) advertise, offer for sale, or contract for the resale of a ticket, or accept full or partial consideration for resale of a ticket unless the applicable ticket matches the resale description as advertised; or (iii) advertise, offer for sale, or contract for the resale of a ticket unless such ticket that is the subject of a resale event is actually in the possession or constructive possession of the Season Ticket Holder which includes any person who has a written contract to obtain such ticket or the applicable ticket has been made available to the public by the Season Ticket Holder, including, without limitation, through a presale, fan club presale or any other promotional presale event. THE AUTHORIZED SELLER OF TICKETS FOR THE STADIUM IS TICKET.DENVERSUMMITFC.COM. DENVER SUMMIT FC IS NOT RESPONSIBLE FOR ANY TICKETS PURCHASED THROUGH ANY THIRD PARTY. CONSUMERS SHOULD EXERCISE DUE DILIGENCE IN THEIR PURCHASE OF ANY TICKETS FOR EVENTS AT THE STADIUM NOT PURCHASED THROUGH  http://tickets.denversummitfc.com.

 

  1. TICKET TRANSFER PROHIBITED

 

Season Ticket Holders are prohibited from transferring their Season Ticket to any person, whether by requesting to transfer the account into another name or by attempting to transfer the seat locations through sale, gift, will, trust, property settlement, transfer to creditors, or any other means. Any attempt to sell or otherwise transfer Season Ticket Holder privileges to third parties will not be recognized by Denver Summit FC and may result in the cancellation of the Season Ticket Holder, all associated tickets, and Season Ticket Holder privileges. The foregoing shall not be construed as any prohibition on a Season Ticket Holder from lawfully selling or transferring the Tickets themselves. Any court order directing distribution of the tickets to a person not listed as the Season Ticket Holder, whether in bankruptcy or otherwise, may result in Denver Summit FC immediately exercising by Denver Summit FC its right to revoke the license represented by the tickets, including any ticket renewal privileges, upon refund by Denver Summit FC of all amounts paid for matches that have not yet been played.  Denver Summit FC generally recognizes two exceptions to the above policy.

 

  1. First, Denver Summit FC will generally allow tickets to be transferred to a Season Ticket Holder’s immediate family upon the death of the Season Ticket Holder. Immediate family Season Ticket Holders shall be defined as a person’s spouse and relatives by birth or marriage, including siblings, parents, children, in-laws, and any financial dependents. A request to transfer Season Ticket Holder privileges to an immediate family Season Ticket Holder of a deceased Season Ticket Holder must be submitted to Denver Summit FC in writing by the deceased’s personal representative or other authorized representative. It must be supported by appropriate documentation satisfactory to Denver Summit FC. Such documentation may include, but is not limited to, a death certificate, probate or trust documents, and proof of relationship.

 

  1. Second, if the Season Ticket Holder is a business entity, Denver Summit FC will generally allow the Season Ticket Holder to be transferred upon the sale or dissolution of an entity. A request to transfer season ticket privileges of an entity account must be submitted in writing to Denver Summit FC by the account’s contact person. It must be accompanied by appropriate documentation satisfactory to Denver Summit FC. Such documentation may include, but is not limited to, corporate resolutions, asset or stock purchase agreements, and/or dissolution documents. Denver Summit FC reserves the right to approve or reject any such requests in its sole and absolute discretion.

 

  1. ELECTRONIC TRANSFER AND RESALE SYSTEM(S).

Denver Summit FC may provide an electronic ticketing system for use by Season Ticket Holders, including purchase, resale, and/or transfer capabilities. Use of any such system is subject to this Agreement and all terms and conditions related to the system (including but not limited to terms of use provided by third parties). Denver Summit FC may at any time and in its sole discretion: (i) suspend, modify, replace and/or discontinue the system(s); (ii) discontinue Season Ticket Holder’s access to and/or use of the systems or revoke the account if Denver Summit FC suspects or determines that the associated account and/or system terms and conditions are violated; and/or (iii) institute a fee for use by Season Ticket Holder on the account.

 

  1. PROHIBITION ON ADVERTISING AND PROMOTION

 

Tickets or Season Ticket Holder privileges may not be used for advertising, promotion (including, but not limited to contests and sweepstakes), or other commercial or trade purposes without the express written consent of Denver Summit FC.

 

  1. PROMOTIONAL USE OF SEASON TICKET HOLDER IMAGE

 

The Season Ticket Holder or Ticket User grants permission to Denver Summit FC, NWSL, and each of their sponsors, licensees, advertisers, broadcasters, designees, partners, and agents 

a fully transferrable right and license, but not the obligation, to utilize, distribute, edit, modify and/or alter Season Ticket 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 perpetuity, in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization, review or compensation.

 

  1. SEASON TICKET HOLDER PRIVILEGES SUBJECT TO BYLAWS

 

Season Ticket Holders agree to abide by the applicable rules, regulations, and policies set by Denver Summit FC, NWSL, and the Stadium, including, without limitation, the NWSL Fan Code of Conduct, any applicable Denver Summit FC policies, and Stadium rules and policies. Season Ticket Holders further acknowledge that they will be bound and agree to abide by any modification or amendment of the foregoing rules, regulations, and policies as may apply from time to time.

 

  1. FAN BEHAVIOR

 

Each Season Ticket Holder and Ticket User is subject to the Ticket Policy and Stadium rules.  All tickets remain the property of Denver Summit FC, and each is a revocable license that may be withdrawn and admission refused at any time. Season Ticket Holders are responsible for their own actions and for those of any individual using their seats. Denver Summit FC reserves the right to terminate the Season Tickets in its entirety if the Season Ticket Holder or any individual using the seats engages in disorderly conduct or otherwise fails to follow Stadium rules and regulations. In such a case, no refund shall be made of any amounts paid for such Season Ticket(s), and the Season Ticket Holder waives its right to any such refund.

 

Denver Summit FC reserves the right to refuse admission or eject any person who violates Stadium rules or whose conduct is deemed disorderly or is deemed necessary for the protection of patrons. All individuals seeking entry into the Stadium specifically consent to Denver Summit FC and Stadium security protocols. 

 

Any Season Ticket Holder or Ticket User who behaves in an unruly or disruptive manner, including, but not limited to, foul language, intoxication, vandalism, physical or verbal abuse of other fans, Stadium employees, match officials, players, or coaches during, before, or after a match, may be asked to leave the Stadium. The Season Ticket Holder of record is responsible for such behavior by anyone using their tickets. Denver Summit FC reserves the right, in the event of such behavior, to terminate your Season Ticket Holder without refund or other compensation.

 

  1. ACCESS TO TICKETS

All tickets will be digital and accessible via their Denver Summit FC online account. 

 

  1. LOST OR STOLEN TICKETS

 

Lost or stolen season ticket can be reissued by contacting a member of the Denver Summit FC Client Services Team at 720-673-8755.

 

  1. CHANGE OF ADDRESS

 

It is the Season Ticket Holder’s responsibility to notify the Denver Summit FC Client Services Team of any change of address to ensure prompt delivery of tickets, notices, and other dated material. Address changes may also be made through your exclusive access to My Denver Summit FC Account Manager through https://tickets.denversummitfc.com/auth/sign-in?

 

  1. NO REFUND POLICY

 

To the extent permitted by law, unless Denver Summit FC is unable to fulfill your order, the decision to issue refunds, exchanges, or cancellations will be at Denver Summit FC’s sole discretion.   The date and time of a Game (and the opening of Stadium gates/doors) are subject to change by Denver Summit FC in its sole discretion, and no such changes shall entitle Season Ticket Holder to a refund or any other remedy if Season Ticket Holder cannot attend a Game except as specifically set forth herein. 

 

  1. SUSPENDED MATCH. 

If the Game commences at its scheduled date and time but is delayed or postponed at any point prior to its conclusion due to inclement weather or for any other reason (hereinafter a “Suspended Match”), Season Ticket Holder acknowledges and agrees that this license does not grant re-entry for any date and time scheduled for recommencement of the remainder of the Game.  Denver Summit FC, in its sole discretion, will be entitled to determine whether this ticket will permit entry to the Suspended Match at the date and time for which it is rescheduled or at which play resumes, or whether any refunds shall be issued for this ticket.

 

  1. ASSUMPTION OF RISK. 

 

Season Ticket Holder voluntarily assumes all risk and danger of personal injury (including death), illness and all hazards arising from, or related in any way to, the Game or any surrounding activities (in whole or in part) for which this ticket is issued, including specifically but not exclusively the danger of injury by flying balls, drones, facility conditions, and other equipment, or by thrown objects, and other hazards associated with attending live events in a public forum, using the Season Ticket, whether occurring prior to, during, or after the Game, howsoever caused and whether by negligence or otherwise. Except to the extent due to their own gross negligence or willful misconduct, to the maximum extent permitted by law, Denver Summit FC, the Stadium  NWSL, and all third parties performing services at the Stadium, each of their parent(s), subsidiaries, affiliates, related entities, vendors, sponsors and political subdivisions, and each of the aforementioned entities’ respective officials, officers, directors, partners, shareholders, owners, governors, alternate governors, members, employees, agents, successors and assigns, whether past, present or future and whether in their institutional or personal capacities (collectively, the “Released Parties”) are not liable or responsible for any loss, damage or injury to any person or property in or around the Stadium or in connection with any Game resulting from any cause.

 

WARNING! SOCCER BALLS, AND OTHER EVENT-RELATED ITEMS MAY FLY INTO THE SPECTATOR AREA. SERIOUS INJURY CAN OCCUR. STAY ALERT AT ALL TIMES, INCLUDING DURING WARMUP AND AFTER PLAY STOPS. IF STRUCK, IMMEDIATELY ASK THE USHER FOR DIRECTIONS TO THE MEDICAL STATION.

 

  1. RELEASE OF LIABILITY

 

On behalf of Season Ticket Holder and Season Ticket Holder’s Related Persons (defined below), Season Ticket Holder RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS and COVENANTS NOT TO SUE each of the Released Parties with respect to any and all claims, including for negligence and/or wrongful death, that Holder or any of Holder’s Related Persons may have (or hereafter accrue), against any of the Released Parties, that relate to any of the risks, hazards and dangers described in the preceding paragraph, including without limitation with respect to any claim, liability, damage, cost, expense, or demand of whatever kind or nature that arise out of or relate in any way to (i) Season Ticket Holder’s entry into, or presence within or around, a Game at the Stadium (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols or disclosed security requirements applicable to each Game; (ii) any interaction between Season Ticket Holder and any personnel of any of the Released Parties present at an Game; or (iii) any act or omission on the part of any of the Released Parties in connection with monitoring or policing protocols applicable to any Game, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. Season Ticket Holder further represents and warrants that Season Ticket Holder’s Related Persons have reviewed this Agreement and separately agreed to it. “Related Persons” means Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Game with Holder or for whom Holder has obtained an Game ticket, including but not limited to minors for whom Holder is a parent or guardian, (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder’s or their behalf.

 

  1. AGREEMENT MODIFICATION

 

Denver Summit FC reserves the right to amend these Terms and Conditions and the Season Ticket Holder Agreement terms in its sole discretion by posting such amendments (the “Amendments”) to  tickets.denversummitfc.com. If Amendments are to take effect upon the commencement of a subsequent Season, Season Ticket Holders will be notified of any such Amendments prior to the renewal date for their Season Ticket. If Amendments are to take effect during the current Season and in the discretion of the Denver Summit FC are reasonably necessary to address safety, security or emergencies, Season Ticket Holders will be informed of any such Amendments upon the Amendments taking effect and will not entitle a Season Ticket Holder to any refunds of any payments made prior to the Amendments if the Season Ticket Holder subsequently chooses to cancel the Season Ticket Holder as a result of the Amendments.

 

Without restricting the generality of the foregoing, Denver Summit FC reserves the right to: relocate Season Ticket Holders during the Season and at any time during the playoffs to accommodate broadcast or security requirements, or for any other reasonable purpose in the sole discretion of Denver Summit FC. Season Ticket Holders will not be eligible for refunds of any installment payments made prior to relocation if they subsequently choose to cancel their Season Ticket as a result of the relocation, and modify Season Ticket pricing for future seasons.

 

  1. GENERAL ADMISSION SEATING

General Admission seating sections are filled on a first-come, first-served basis. Season Ticket Holders should not leave single seats open, as these areas are consistently sold out.

 

  1. ACCESSIBLE SEATING. 

Designated accessible locations in the Stadium are reserved for guests who require disability accommodations. The Stadium provides disability-accessible seating in designated locations, and non permanent chair will be provided for these locations. Only those requiring disability-accessible seating and their companions may use the seating in designated locations for wheelchair-accessible seating. Additional companion seats may be purchased for nearby seating locations, subject to availability. The Stadium also provides semiambulatory seating (including seats that can be accessed without steps, designated aisle seats, or seats located close to exits) for guests who require such accommodations but do not require disability accessible seating. Should a Season Ticket Holder not require the disability accommodation provided in the location for which a Ticket is issued, Denver Summit FC or the Stadium may exchange the Ticket(s) for alternate seat locations determined solely by Denver Summit FC or the Stadium, subject to availability. 

 

  1. NOTICES AND REQUESTS

 

All notices and requests relating to a Season Ticket Holder account, whether or not described above, must be given in writing by the Season Ticket Holder and sent to the attention of Denver Summit FC Client Services. No notice or request will be effective or acted upon by Denver Summit FC until received in writing. All correspondence concerning a Season Ticket Holder account should include the account number and daytime phone number for the Season Ticket Holder. Notices and requests from Denver Summit FC are communicated to Season Ticket Holders via several methods, independent of and/or in combination with each other, and include, but are not limited to, the U.S. Postal Service, telephone, email, or other social media outlets. It is the Season Ticket Holder’s sole responsibility to maintain accurate, current, and complete contact information on their Season Ticket Holder account.

 

  1. ARBITRATION; NO CLASS ACTIONS; WAIVER OF TRIAL BY JURY. 

 

Should any current or future dispute, claim or cause of action related to Season Tickets or an event arise between Season Ticket Holder and Denver Summit FC, the Stadium, Season Ticket Holder shall send a written notice describing the issue (a “dispute notice”) to the Denver Summit FC legal department, at 1705 17th Street, #100, Denver, Colorado 80202. The dispute notice must contain the following: (i) information sufficient to identify any transaction, activity, and account at issue; (ii) contact information of the claimant (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the dispute (including the date of any transaction or activity at issue) and the relief sought, including a calculation for any such relief. The notice must be personally signed by the Season Ticket Holder (and their counsel, if represented). Holder, Denver Summit FC, and the Stadium 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 by filing an arbitration demand with the American Arbitration Association (AAA). The AAA Commercial Arbitration Rules shall govern the arbitration proceedings, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information). In addition, you and Denver Summit FC agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  All issues are for the arbitrator to decide, except the following items (which are for a court of competent jurisdiction to decide):

 

  1. issues that are specifically reserved for a court; 
  2. issues related to the scope and enforceability of the arbitration provisions; and 
  3. whether a dispute can or must be brought in arbitration. 

 

Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. To the fullest extent permitted by law, holder, Denver Summit FC, and Stadium 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. To the fullest extent permitted by law, the Season Ticket Holder, Stadium, and Denver Summit FC waive the right to a jury trial. Notwithstanding the foregoing, either party may bring disputes in small claims court. This right does not allow a party to remove or appeal a dispute to a court of general jurisdiction.) Any disagreement regarding whether a dispute falls within the jurisdictional limits of the small claims court is for the court to decide, and any arbitration shall be stayed.

 

If the Season Ticket Holder does not consent to this clause, the Season Ticket Holder must immediately leave or not enter the Stadium.

 

  1. PREEMPTION. 

 

Season Ticket Holder agrees and acknowledges the Dener Summit FC must comply with certain agreements and mandates made by NWSL, and NWSL reserves the right to cancel, postpone, reschedule or relocate games, as determined in its sole discretion; modify or discontinue, temporarily or permanently, any aspects of the rules, operations and presentations of team-related games and events; and relocate any ticket seat locations, including season ticketholder seat locations, during Post-Season Games and other MNWSL-controlled games (“League Preemption”). In the event a Game is not played at the Stadium as originally scheduled for any reason, including League Preemption, such circumstance shall in no way be deemed, argued or construed to be a breach by Denver Summit FC of any terms, conditions, agreement or other duties or obligations related to the sale of a Ticket and, in such event, Season Ticket Holder’s sole remedy shall be a pro-rata account credit or refund equal to the price paid for the affected Ticket(s) and Season Ticket Holder hereby irrevocably waives and releases any claims Season Ticket Holder may have against Denver Summit FC, the Stadium and/or NWSL with respect to such Game not played at the Stadium.

 

  1. ADDITIONAL MATTERS

 

The foregoing policies and procedures attempt to cover most situations relating to Season Ticket Holders at the Stadium. They do not apply to any matches (home or away) played by Denver Summit FC at a location other than the Stadium. In the event any issue or matter relating to the Season Ticket Holder is not covered, or if there is a question of interpretation of the policies and procedures or in the event of any dispute between Denver Summit FC and any Season Ticket Holder or Ticket User, or any Season Ticket Holder and a third party in regard to the Season Ticket Holder, Denver Summit FC reserves the right to make all final decisions and determinations and take all actions necessary, in its sole and absolute discretion, to resolve or dispute the issue. Denver Summit FC further reserves the right to modify and/or terminate any or all of the foregoing policies or procedures from time to time with or without prior notice to Season Ticket Holders.

 

In order to ensure an excellent experience for all Season Ticket Holders, Season Ticket Holder benefits, including but not limited to, future match exchange program and special events, are subject to change from year to year or/and within a season.

 

  1. ACCEPTANCE OF TERMS/CONDITIONS:

 

Upon remitting any full or partial payment toward your annual Season Ticket Holder dues, or by accepting delivery of your tickets and Season Ticket Holder benefits, you acknowledge responsibility for payment of the full annual Season Ticket Holder price, and accept and agree to the complete terms and conditions of the Denver Summit FC Continuous Season Ticket Holder Agreement and Denver Summit FC’s Account Manager Terms of Use, and subject to any amendments made to the foregoing from time to time.