The Phoenix Coyotes have established this policy with regard to season tickets for Phoenix Coyotes preseason and regular season home games played at the arena located at 9400 W. Maryland Avenue, Glendale, Arizona (“Arena”).
1. SEASON TICKET HOLDER AND ACCOUNT. Purchasers of season ticket plans are assigned an account which is generally maintained and managed in the purchaser’s name. For accounts in the name of a business, the Phoenix Coyotes will recognize one individual to act on behalf of the business. The business may request a change in the contact name for its account by submitting a new contact in a signed writing by an authorized officer on business letterhead to the Phoenix Coyotes. A business account should be listed as the ABC Company, attention John Smith, in contrast to a personal account at a company, which would be listed as John Smith, the ABC Company. The name under which the account is maintained is the season ticket holder.
2. USE. Season ticket holders are subject to compliance with the terms and conditions of this policy, including without limitation, the timely payment of all invoiced amounts. Season ticket holders shall be bound by and shall observe the terms and conditions contained on the backs of any tickets issued by the Phoenix Coyotes or Arena. In addition, season ticket holders shall: (a) be bound by and shall observe any Phoenix Coyotes or Arena policies with respect to the cancellation, postponement, or rescheduling of a game, (b) observe all rules, regulations, policies and procedures, which may be adopted by the Phoenix Coyotes, Arena, or National Hockey League, from time to time, and (c) comply with all federal, state, and local laws.
3. OWNERSHIP OF SEAT LOCATIONS. The Phoenix Coyotes own and control all rights to seat locations for Phoenix Coyotes home games played at the Arena. Purchasers of any Phoenix Coyotes tickets obtain a license, in the form of a ticket, to use the seat designated on the ticket.Each ticket issued is a limited license subject to revocation by the Phoenix Coyotes. Season ticket holders understand that they are purchasing a series of revocable licenses to use specified seats for specified games.
4. NON TRANSFERABLE. Season ticket holders are prohibited from transferring the seat locations designated by their season tickets to any person, whether by a request to transfer the account into another name, or by an attempt to transfer the seat locations by sale, gift, transfer by will or trust, property settlement, transfer to creditors, or any other means, unless otherwise explicitly authorized in writing by the Phoenix Coyotes. Any unauthorized attempt to sell or otherwise transfer season tickets and privileges to third parties will not be recognized by the Phoenix Coyotes and may result in cancellation of all season tickets and privileges. In the event that an account is in the name of a business and the business closes, is sold to another company or individual, or the business does not renew its season tickets, the account will be closed. Season tickets are not the property of the business so the season ticket holder does not have the right to include them as such in the sale, transfer, or acquisition of the company.
5. THIRD PARTY PAYMENT. Making payments to a season ticket account that has been established in the name of another individual or entity is done so as a private arrangement between private parties and does not establish any rights or benefits of a season ticket holder on behalf of the payer.
6. RENEWAL. Season ticket holders are valued customers of the Phoenix Coyotes. However, the opportunity to purchase season tickets from year-to-year, at any seat location, is a privilege granted by the Phoenix Coyotes, which may be revoked by the Phoenix Coyotes at any time. There is no automatic right to purchase season tickets from year-to-year, nor is there any guarantee that this privilege will be offered or granted by the Phoenix Coyotes. The privilege to purchase season tickets does not create a property right whatsoever under state statutory or common law or under the United States Bankruptcy Code.
7. TEAM RELOCATION. In the event that the Phoenix Coyotes relocate before the 2012-2013 NHL season, the Phoenix Coyotes will guarantee a refund of any monies paid toward your 2012-2013 season tickets.
8. RESERVED RIGHTS. The Phoenix Coyotes reserve the right to change, add to, or discontinue any of its policies, procedures, benefits or privileges, including the renewal of season seats at any time. The Phoenix Coyotes reserve the right to cancel an account or withhold an offer of season ticket renewal for any reason, including non-compliance with policies set forth by the Phoenix Coyotes or objectionable deportment of the season ticket holder or his/her guests.
9. REVOCATION OF SEASON TICKETS/ACCOUNT. The Phoenix Coyotes reserve the right to revoke any season ticket or season ticket account without cause in which case the Phoenix Coyotes will refund the paid value of the tickets revoked. The Phoenix Coyotes reserve the right to revoke any season ticket or season ticket account with cause in which case no refund will be issued.
10. LOST OR STOLEN TICKETS. The Phoenix Coyotes are not responsible for lost or stolen tickets. Replacement tickets may be issued at the sole discretion of the Phoenix Coyotes. Stolen tickets will only be replaced upon a season ticket holder’s written request accompanied by a police report.
11. CHANGE OF ADDRESS. Change of address for all accounts must be sent in writing with the signature of the season ticket holder to the Phoenix Coyotes Ticket Services department via mail, fax, or e-mail. Please indicate the account number, old and new address, as well as current phone number and e-mail address.
12. NOTICES AND REQUESTS. All notices and requests relating to a season ticket account must be given in writing by the season ticket holder and sent to the attention of the Phoenix Coyotes Ticket Services department. No notice or request will be effective or acted upon by the Phoenix Coyotes until received in writing. All correspondence concerning a season ticket account should include the account number and daytime telephone number for the season ticket holder. Notices and requests from the Phoenix Coyotes 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 United States Postal Service, telephone, fax, or e-mail. It is the season ticket holders’ sole responsibility to maintain accurate, current, and complete contact information on their Phoenix Coyotes season ticket account.
13. RISKS ASSUMED/WAIVER OF LIABILITY. By purchasing a Phoenix Coyotes ticket, season ticket holders voluntarily assume all risks and dangers incident to attending a game of hockey whether such risks and dangers occur before, during, or after the game. Such risks and dangers include, but are not limited to, all personal or property injury or death caused by or related to pucks, sticks, hockey equipment, promotional items, and other projectiles. Season ticket holders agree that the Phoenix Coyotes, the Arena, the NHL, the City of Glendale, and their agents, employees, owners, partners, trustees, and related entities are not responsible for any such risks and dangers. In no event shall the Phoenix Coyotes or Arena be liable for consequential or indirect damages.
14. MISCELLANEOUS. The foregoing policies and procedures attempt to cover most situations relating to season ticket holders at the Arena. In the event any issue or matter relating to Phoenix Coyotes season tickets is not covered, or if there is a question of interpretation of the policies and procedures or in the event of any dispute between the Phoenix Coyotes and any season ticket holder, or any season ticket holder and a third party, the Phoenix Coyotes reserve the right to make all final decisions and determinations and take all actions necessary, in their sole and absolute discretion, to resolve the issue or dispute. Season ticket holders, without payment of consideration, grant to the Phoenix Coyotes, the Arena, and their respective agents the right to use their image or likeness in any live or recorded video display or other transmission or reproduction in whole or in part to any Phoenix Coyotes game that they may attend at the Arena. Season ticket holders’ tickets may not be used for contests, sweepstakes, or other trade or promotional purposes (including, without limitation, as raffle prizes for charities) without the express written consent of the Phoenix Coyotes. Season ticket holders agree and understand that their accounts with the Phoenix Coyotes may be assigned by Coyotes Newco, LLC to a successor of the NHL franchise that continues playing its games at the Arena.