Season Ticket Deposit Terms
By placing a $100 Rugby Season Ticket deposit (“Deposit”), you agree to be bound by the terms of this Agreement. Please also note that Paragraph Thirteen of these terms contains a provision requiring binding arbitration of disputes between you and RUGBYCLUB NYC LLC (RUNY). If you do not agree to these terms, please do not place a Deposit.
- Eligibility. All members of the general public over the age of eighteen may place a Deposit.
- Deposit. By placing a Deposit, you may have an opportunity to purchase RUNY Season Tickets at a venue still to be determined where RUNY plans to play home rugby games (“Stadium”). Placing a Deposit ensures that you will receive information regarding the sale of RUNY Season Tickets for the Stadium as it becomes available. Details regarding the process for the sale of RUNY Season Tickets for the Stadium are being finalized, and placing a Deposit does not guarantee that you will have an opportunity to purchase RUNY Season Tickets at the Stadium.
- Cost. The Deposit fee is one hundred dollars ($100). The costs associated with RUNY season tickets at the Stadium have yet to be determined.
- Your Contact Information. By placing a Deposit, you agree that RUNY, and parties acting on their behalf may contact you by phone, regular mail, and email regarding the potential purchase of RUNY season tickets, and other events at the Stadium. You agree that if your name, mailing address, and/or email address change after you place your Deposit, it is your responsibility to provide updated contact information to RUNY or the party designated by RUNY and to ensure such party properly confirms receipt of this information. Any update of your contact information is not valid until acknowledged. Failure to ensure a proper update of your contact information means you may lose the opportunity to purchase seats at the Stadium. In the event RUNY attempts to contact you regarding your Deposit but is unable to do so because you did not maintain accurate contact information or you fail to respond to inquiries, RUNY may retain the Deposit.
- Process. Details regarding the process for the sale of RUNY Season Tickets at the Stadium are being finalized. When those details are finalized, those who placed a Deposit will receive information regarding the sale process. If you are offered the opportunity to purchase RUNY season tickets, you understand that if you do not choose your seat locations when presented with the opportunity to do so, those seats will continue to be made available to others, and you may lose your opportunity to purchase seats at the Stadium. You also understand that, depending on the number of seats available, you may not have the opportunity to purchase seats in any location.
- Season Tickets Purchased. If you agree to purchase RUNY season tickets at the Stadium, you will enter into one or more agreements regarding the rights and responsibilities you have as a RUNY season ticket member.
- Season Tickets Not Purchased. In the event you are not provided the option to purchase RUNY season tickets because the Stadium sells out, or you decline the offered seats or fail to timely respond to an inquiry, you will have two options. If a waitlist is created for RUNY season tickets, you may elect to join this waitlist. If no such waitlist is created or you do not wish to join the waitlist, you may request a refund of the Deposit.
- Forfeiture. You may receive a refund of eighty percent (80%) the Deposit by contacting the RUNY by phone at 203.216.9397 or the party designated by RUNY. Requesting a refund terminates all rights associated with the Deposit. Except as provided in this Agreement, you are not otherwise entitled to a refund. In the event RUNY determines that you have provided false information related to your deposit, or you violate any of the RUNY policies, RUNY reserves the right to terminate this Agreement.
- Transfer. You may not sell, assign, or otherwise transfer your rights under this Agreement. Such right is personal to you. In the event RUNY determines you have in any way transferred your rights under this Agreement, RUNY may terminate this Agreement. RUNY may transfer their rights under this Agreement at any time.
- Termination. RUNY may terminate this Deposit program at any time for any reason. If the reason is due to a decision to not field a team, refunds will be provided at such time to all people who have put Deposits down.
- Changes to the Program. RUNY reserve the right to, in its sole discretion, cancel, modify, or suspend the Deposit program and/or change these terms at any time and for any reason without providing notice. RUNY may at any time vary, revise, amend, withdraw, substitute, add or remove any of the terms and conditions of this Agreement without notice to you.
- Release and Indemnity. By placing a Deposit, you expressly agree to forever waive, release, discharge, and covenant not to sue RUNY, and/or any of their past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners, assigns and employees of any owners or entity owners), employees, agents, attorneys, directors, officers, shareholders, contractors, successors, assigns and insurers (collectively “RUNY Related Parties”) of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, including, but not limited to, all those arising out of or in any way related to the Deposit; these terms; the legality of these terms; the negligence of RUNY or any RUNY Related Party; any purchase of tickets at the Stadium; any participation in the deposit program; and any presence at any MLR stadium or on the field or sideline. You represent and warrants that you own and/or have the authority to release the Claims stated herein expressly waives Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Further, by placing a Deposit, you expressly agree to at all times defend, hold harmless, and indemnify RUNY and all RUNY Related Parties from and against any and all Claims of any kind or nature whatsoever (including reasonable attorneys’ fees and disbursements) arising out of or in any way related to the Deposit; these terms; the legality of these terms; the negligence of RUNY or any RUNY Related Party; any purchase of tickets at the Stadium; any participation in the deposit program; and any presence at any MLR stadium or on the field or sideline.
- Binding Arbitration Agreement and Choice of Law. These terms shall be construed and interpreted according to the laws of the State of New York without regard to choice of law principles. As a condition of participating in the deposit program, you and RUNY agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in any way connected with the Deposit or this Agreement, be resolved individually, without resort to any form of class action, exclusively through binding arbitration in the State of New York. By entering into this Agreement, both you and RUNY waive any right to have any dispute arising out of or in any way connected with the program be resolved in a court of law by a judge or jury. Negotiation, followed by arbitration if necessary, shall be the exclusive remedy for any such dispute. You and RUNY agree to waive the right to commence, be a party to, or be an actual or putative class member of any class, collective, or representative action, except that you and RUNY may bring a representative action under any statute wherein their rights to bring such representative action are deemed unwaivable (such as the California Private Attorneys General Act of 2004), but you and RUNY must bring such claims in arbitration. If any portion or aspect of this provision is found to be unenforceable for any reason, in whole, or in part, you and RUNY agree that the unenforceable portion or aspect of the agreement will be severed and the remainder of the provision, including the agreement to submit to binding arbitration, will remain valid and in effect.
Further, to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than your actual out-of-pocket expenses, and you further waives all rights to have damages multiplied or increased.
- Warranties. You acknowledge and agree that the Deposit program is being provided on an AS-IS basis and EXPRESSLY WAIVE ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Miscellaneous. A waiver by RUNY of any breach or default of this Agreement shall not be nor be deemed to be a waiver of any other prior or subsequent breach or default of any provision of this Agreement. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.
This Agreement constitutes the entire, integrated agreement of the Parties with respect to the subject matter of this Agreement. It is understood that there are no oral agreements between the Parties affecting this Agreement and that this Agreement supersedes and cancels any and all previous negotiations, agreements, and understandings, if any, between the Parties. There are no other representations or warranties between the Parties and all reliance with respect to any representations is totally upon the representations contained in this Agreement. Each Party’s obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other Party, whether express, implied, in fact or in law.