2023 Season Membership Agreement

1. GENERAL

In consideration for receiving season tickets, member (“Member”) represents and acknowledges that Member has reviewed and understands all of the terms and conditions of this Season Ticket Membership Agreement (including the Ticket Disclaimer on Schedule 1) (“Membership Agreement”) and by purchasing the tickets Member agrees to be bound by all of terms and conditions of the Membership Agreement.

II. RECURRING PAYMENT

Member acknowledges that Member’s Membership Agreement (including the season tickets) will automatically renew for the following season each year on August 1 at the then-current rate unless Member notifies the Aces that Member does not want to renew his/her Membership Agreement (including the season tickets). On or before July 1 of the applicable year, Member will receive a letter/notice setting forth the price of Member’s season tickets for the upcoming season, which may vary from the current price. Member must notify the Aces on or before July 31 of the applicable year if Member does not want to renew the Membership Agreement at the then offered price. Member’s authorized card/account will be charged a non-refundable amount on August 1 for the amount set forth in the notification from the Aces and, if applicable, will continue to be charged in accordance with the recurring payment option Member selected in this Membership Agreement. The Aces reserve the right to stop offering automatic Membership renewals in its sole discretion.

III. MEMBERSHIP STANDARD TERMS & CONDITIONS

Automatic Payment Terms and Renewal. Member understands that signing this Membership Agreement authorizes Las Vegas Basketball L.P. (dba Las Vegas Aces) (“Aces”) to charge the credit/debit card on file for its annual Las Vegas Aces Membership Dues (that include tickets) in the amount and at the frequency set forth above, and Member agrees to the terms and conditions listed herein. Member understands that charges/installment charges will be made to the authorized card/account in association with the chosen payment plan until the annual dues are paid in full. Member’s payment authorization shall remain in effect for so long as Member’s Las Vegas Aces Membership remains in effect. Member hereby warrants that Member has the authority to authorize charges to the listed account for the purpose of paying Member’s Las Vegas Aces Membership Dues. Member understands and agrees the Aces are not liable in any way for erroneous billing statements or incorrect charges and should such an error occur in billing, the Aces only responsibility is to correct it if and when the Aces receive notice of the error. There will be no refunds of any kind for these charges. The Aces reserve the right to restrict entry to Aces games or events and/or revoke membership privileges if installment payments are not timely paid and/or if any authorized charge is refused by Member’s credit card company or banking institution for any reason. Member agrees that if the provided credit/debit card changes at any time, Member will promptly notify the Aces and this authorization will remain in effect for the new account number(s). Under all payment plans, all payments are due on the dates specified regardless of game cancellations or rescheduling—refunds or exchanges in such events will be handled under the Aces standard ticket policies/terms and conditions. The Aces reserve the right to charge a processing fee in the event a charge is refused.
Ticket Delivery & Terms. Member understands that season tickets will be delivered via AXS, the terms of use of which are incorporated herein and can be found at https://www.axs.com/about-terms-of-use_US_v2.html. Member acknowledges that Member may not be able to use each Aces home game ticket or event ticket issued in connection with this Membership Agreement (collectively, “Ticket(s)”). Member acknowledges that the spirit of being a season ticket member is to support the team and not generate financial gain. Member acknowledges that Clark County Municipal Code 12.38.020 prohibits the sale or resale of tickets at a price which is in excess of the price that is printed or endorsed upon the Ticket without written permission of the Aces. Violation of this ordinance constitutes a misdemeanor thereunder that may result in Member being fined, imprisoned, or both. Member acknowledges and agrees that the holder of a Ticket shall not have the right to use the Ticket for any form of commercial or trade purposes, including, but not limited to, contests, sweepstakes or promotions, without the express written consent of the Aces and WNBA. Member acknowledges and agrees that the holder of a Ticket shall not have the right to sell or resell the Tickets on Michelob Ultra Arena (“Venue”) or adjoining property. In the event that Member cannot use a Ticket and desires to sell such Ticket (in accordance with Nevada law), Member may utilize Aces’ preferred re-sale ticketing provider. Member acknowledges and agrees that Member’s Ticket resale and/or trade activity may be monitored and tracked by the Aces. In the event that (a) Member sells, attempts to sell, or engages a third party to sell on Member’s behalf a substantial portion of Member’s Tickets, (b) Aces determine that Member has sold Tickets for the primary purpose of generating financial gain or benefit, or (c) Member utilizes Tickets in a manner prohibited by this Membership Agreement, Aces reserve the right to pursue all legal remedies and to revoke Tickets, in the Aces discretion, immediately upon written notice to Member.
Membership. The Aces reserve the right, in its sole discretion, to amend, update or modify policies, pricing, payment options, and procedures relative to the Aces Season Ticket Membership Program (“Membership”) upon notice to the Member.
WNBA Rules. This Membership and Membership Agreement are subject to: (i) all rules and regulations of the WNBA as they presently exist and as they may from time to time be amended or modified, and (ii) the terms of any existing or future agreements entered into by the WNBA or Enterprises, LLC (“Enterprises”) (or any of their affiliated entities).
Membership Ownership. Membership may not be assigned unless Member obtains the written approval of the Aces, which may be withheld in the Aces sole discretion, and Member pays a designated fee.
Revocable License. Membership (and included Ticket(s)) is a revocable license issued by the Aces to Member. Member’s (i) breach of any of the terms of this Membership Agreement, (ii) breach of any rules, regulations and policies established by Venue, (iii) failure to adhere to the Ticket Disclaimer set forth on Schedule 1 attached hereto, or (iv) refusal to accept the direction of authorized Venue personnel, shall entitle the Aces to pursue all available legal remedies, including but not limited to revocation or cancellation of Member’s Membership and forfeiture of any and all payments made for the current membership year. Aces may change Member’s seat location at any time during the membership year upon notice to Member, and, in the event of a relocation, Aces will make good faith efforts to relocate Member’s seat location to a comparable location within the Venue.
Membership Dues. Payments must be timely made on or before the agreed upon payment plan dates. Delivery of Tickets will be made prior to the applicable WNBA season, and only upon receipt of full payment of annual Membership dues, or for accounts that are current on all payments. If applicable, in the event Member fails to make any timely required payments on the installment payment plan, the Aces reserve the right to either (i) withhold Member’s Tickets until payment is made and the account is in good standing, (ii) terminate Member’s Membership, with any payments made prior to the termination date forfeited for the current membership year, or (iii) pursue all available legal remedies.
Credit Checks. The Aces expressly reserve the right to investigate the Member’s creditworthiness in connection with the Tickets and this Membership Agreement. The Member expressly authorizes the Aces, its agents, and any contractors, agents, sub-agents, designees, successors and assigns of the foregoing to access the Member’s credit reports at any time during the period commencing on the start of this Agreement and ending on the date that no amount of the Membership fee (including applicable finance charges, if any) remains outstanding.
Playoffs. Tickets to playoffs are an additional cost above and beyond annual membership dues. Full season members in good standing automatically retain their seats for all home playoff games at the Venue, subject to payment. Member will be charged for all home playoff tickets before the playoffs occur, with the same form of payment elected for membership dues. Following the conclusion of the WNBA playoffs, Member will be refunded for any playoff games which the Aces did not qualify to play in and for which Member was charged. Notification of playoff pricing will be sent prior to the end of the regular season. If a playoff game is not played in the Venue, then the Aces will use reasonable efforts to provide comparable seating to Member in the third party venue location subject to the Aces’ sole discretion.
Assumption of Risk/Release of Liability. Member or the holder of ticket voluntarily assumes all risk and danger of injury (including death) and hazards BY ANY CAUSE RESULTING FROM, IN CONNECTION WITH, OR INCIDENTAL TO ANY GAME OR EVENT, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT AND AGREE THAT VENUE, MGM RESORTS INTERNATIONAL, LAS VEGAS ARENA COMPANY, LLC, LAS VEGAS BASKETBALL, L.P., WOMEN’S NATIONAL BASKETBALL ASSOCIATION AND/OR ITS AFFILIATES AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY, “MANAGERS”), AND EACH OF THEIR OFFICERS, DIRECTORS, MEMBERS, PARTNERS, MANAGERS, EVENT PRODUCERS, TALENT, AND AFFILIATES (TOGETHER WITH MANAGERS, “GROUP”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR, AND MEMBER OR THE HOLDER OF THE TICKET RELEASE GROUP FROM, ANY CLAIM, LOSS, DAMAGE OR INJURY RESULTING FROM ANY SUCH INJURY HOWSOEVER CAUSED, INCLUDING INJURIES CAUSED BY PLAYERS, FANS, EQUIPMENT, OR NEGLIGENCE.
Venue Alterations. The Aces expressly reserve the right to improve, alter, restore, reduce, expand, or enlarge the Venue, any amenity area, any seating area or any other portion of the Venue, as determined in the Aces’ sole discretion. If, in connection with any such action, the Venue seating is relocated or reconfigured, the Aces reserve the right to re-designate the specific locations of seats and to modify the assignment of specific seats to Members. If the Aces determine that any such modification is necessary, the Aces will endeavor to assign to an affected Member a seat that is reasonably comparable to, in terms of field vantage point and access to amenities, the seat that was assigned to the Member prior to the relocation or reconfiguration, all as determined by the Aces in its sole discretion and without regard to the original Membership fee amount (each such Seat, a “Comparable Seat”). In the event the Aces notifies the Member that there is no Comparable Seat(s), then the Member shall have the right to terminate this Membership Agreement upon notice to the Aces, in which event the Aces shall, except as provided in and subject to Clause L, within sixty (60) days following such notice of termination, refund to the Membership fee.
Damage to the Venue. In the event of any damage to or destruction of the Venue due to an act of God, natural disaster, contamination, act of terrorism or other force majeure event, as between Member and the Aces, the Aces shall have no obligation to repair such damage or rebuild the Venue. If the Venue is not repaired or rebuilt, and the Venue is no longer used for Aces games, this Membership Agreement shall terminate as of the date of such damage or destruction, no portion of the Membership fee will be returned to Member, and the Aces and its agents shall have no further liability under this Membership Agreement.
Fan Behavior. In the event Member or any individual holding Member’s Ticket behaves in an unruly or disruptive manner (including, but not limited to, foul language, intoxication, physical or verbal abuse of other fans, Venue employees, game officials, players or coaches during, before or after a game), such Member or Ticket holder may be asked to leave the Venue. Member is responsible for the behavior of anyone using their Tickets. In the event the Member or Ticket holder engages in unruly or disruptive behavior, the Aces reserve the right to terminate Member’s Membership without refund or other compensation. Additionally, any Member (i) who has been ejected for verbal abuse for the first time during a season, or (ii) whose Tickets were used by a fan who was ejected for verbal abuse for the first time during a season, shall be sent a written notice by the Aces (with a copy to the WNBA League Office) advising Member that its season tickets will be revoked if they or someone using Member’s Tickets are ejected from a game for verbal abuse for a second time during such season. If such Member or someone using such Member’s Tickets is in fact subsequently ejected from a game for verbal abuse for a second time during the season, the Aces shall revoke Member’s Tickets, effective immediately.
Intellectual Property. Member acknowledges that photography, filming, and audio or video recording in the Venue is prohibited. Member agrees not to transmit, distribute or sell (or aid in transmitting, distributing, or selling), in any medium now or hereafter existing, any description, account (whether text, data or visual), picture, video, audio or other form of exploitation or reproduction of the game or any surrounding activities (in whole or in part) without consent of Venue.
Image Release. Member or any individual holding Member’s Ticket grant permission to the Aces and the WNBA (and its designees and agents) to utilize their image, likeness, actions and statements in any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of or at the game in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
Use of Personal Information. Aces and the WNBA, along with each of their respective affiliates, have the right to collect and use Member’s personal information in accordance with the WNBA’s privacy policy, available at http://www.nba.com/news/privacy_policy.html.
Privileged Licenses. Member acknowledges that certain affiliates of the Aces (referred to herein as “Aces Affiliates”) are engaged in businesses that are or may be subject to and exist because of privileged licenses or other permits issued by governmental authorities or other sovereigns. Accordingly, the Aces may terminate this Membership Agreement, without penalty or prejudice and without further liability to Member, except that Aces shall refund to Member any unearned prepaid amounts received from Member (to the extent not prohibited by law) if any of the Aces Affiliates: (i) is directed to cease doing business with Member by any such authority or sovereign; or (ii) determines, in its reasonable judgment, that Member might be or is about to be engaged in or involved in any activity or relationship that would, does, or is likely to jeopardize any of the businesses or licenses of any of the Aces Affiliates (including, without limitation, any denial, suspension or revocation (or the threat thereof)). Further, Member: (a) acknowledges that it is illegal for an applicant to whom a license has been denied, a licensee whose license has been revoked, or a business organization under such a person’s control (“Denied Entity”), to enter into or attempt to enter into a contract with any of the Aces Affiliates without the prior approval of certain gaming commissions or licensing authorities; (b) represents and warrants that it is not a Denied Entity and is not under the control of a Denied Entity; and (c) agrees that any breach of the foregoing representation and warranty will allow Aces to immediately terminate this Membership Agreement.
Governing Law. This Membership Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to Nevada’s (or any other state’s) laws regarding conflicts or choice of laws.
Arbitration. Other than any claim for equitable or injunctive relief, Member agrees that any claims, disputes or other matters in question between the parties arising out of or relating to this Membership Agreement shall be decided by binding arbitration by JAMS before one mutually agreed upon neutral arbitrator in Las Vegas, Nevada in accordance with the Comprehensive Commercial Arbitration Rules of JAMS then in effect. The determination and award of the arbitrator shall be based upon application of existing substantive statutes and case law, interpretation in accordance with applicable contract law of this Membership Agreement and the evidence presented by the parties to the arbitrator. Each party shall bear its own costs in connection therewith, except that the prevailing party shall be entitled to recover, and the arbitrator shall be empowered to award, costs and reasonable attorneys’ fees.
Acceptance of Terms/Conditions. Upon remitting any full or partial payment toward Member’s annual Membership dues, or by accepting delivery of Member’s Tickets and Membership benefits, Member acknowledges responsibility for payment of the full annual membership price and accepts and agrees to the terms and conditions stated on this Membership Agreement, including the AXS terms of use at https://www.axs.com/about-terms-of-use_US_v2.html.
If any provision or provisions, or if any portion of any provision or provisions, in this Membership Agreement is or are ultimately determined by a court of law to be in violation of any local, state or federal law, or public policy, and if such court shall declare such portion, provision or provisions of this Membership Agreement to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent both of the Aces and the Member that such portion, provision or provisions shall be given force to the fullest possible extent that they are legal, valid, and enforceable, that the remainder of this Membership Agreement shall be construed as if such illegal, invalid, unlawful, void, or unenforceable portion, provision or provisions were not contained herein, and that the rights, obligations and interests of the Aces and the Member under the remainder of this Membership Agreement shall continue in full force and effect, unless the amount of the Membership fee or other charges payable hereunder is thereby decreased, in which event the Aces may terminate this Membership Agreement.
Entire Agreement. This Membership Agreement, including these Terms and Conditions and the other Schedules attached and incorporated thereto and hereto, contains the entire agreement of the parties hereto with respect to the matters provided for therein and herein, and supersedes any written instrument or oral agreement previously made or entered into by the parties to this Membership Agreement or any ticket plan offered by the Aces and/or its agents, specifically including, but not limited to, any advertising, visual presentations, marketing materials, brochures, order forms, deposit program terms and conditions, and surveys distributed (in any form) by the Aces and/or its agents.

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