COLORADO EAGLES SEASON TICKET INVESTMENT AGREEMENT
THIS AGREEMENT is made as of the date set forth in the signature portion of this document. Colorado Eagles (“CE”) and the undersigned Season Ticket Member (“STM”). In consideration of the mutual covenants and agreements set forth herein, CE and the STM agree as follows:
Game Tickets – Regular Season and Playoffs 1.1. STM shall receive tickets for the seats designated in the signature portion of this Agreement below for all regular and post season Colorado Eagles home games played at the Blue Arena at The Ranch at the Larimer County Fairgrounds each season during the term. The duration and number of games regular season and playoffs is subject to change to meet league rules and requirements. The amount set forth as invoiced does not include any tickets or preference for any non-hockey events.
1.2. STM will be responsible for purchase of all playoff games held at the Blue Arena per this contract. Playoff for all possible home playoff games in each round will be charged automatically per round as the Eagles advance. Season Ticket Member accepts payment terms as outlined, unless otherwise specified. For any games not played, money will be applied to the next round. After the conclusion of the playoffs, balance can be applied to the following season's tickets or refunded to the card(s) charged for the purchase.
Term and Pricing2.1. CE will notify STM of the prices and payment terms for the upcoming season as soon as possible each season.
2.2. Season ticket prices for 3-Year Investors are guaranteed by CE to not increase during the term, unless a tax/facility fee is levied on the tickets by the City, County, facility management or the amount of regular season games change per league rules.
2.3. STM accepts payment terms as outlined by CE and understands that should you fail to pay for your tickets within the time frame described in such notifications or otherwise fail to adhere to the terms described in the notification of this Agreement, the CE have the absolute right and option to charge your credit card, or terminate your rights to the tickets, without further notice.
2.4. All agreements are paid on a yearly basis. A $10 per ticket per month late fee will apply to late payments. Subject to the terms and conditions of this Agreement, the term/payments of this Agreement shall commence on the execution of the Agreement by CE and STM and, unless sooner terminated pursuant to this Agreement, shall continue as follows:
(a) 1-Season Investment
(b) 3-Season Investment
Early Termination and Assignment
3.1.1. STM may terminate this Agreement prior to the expiration of the Term by giving written notice that is received by CE between May 1 and July 1 of any year during the Term and paying a termination fee of 50% per seat per each unexpired season of the Term.
3.1.2. This Agreement, all ticket purchase rights granted hereunder and any tickets issued to STM may be assigned, sold, transferred or otherwise alienated or encumbered (collectively, an “assignment”), in whole, by STM, upon the prior written consent of CE. The assignee will be subject to the terms and conditions of this Agreement after completion of assignment upon written consent of CE; provided, however, that STM may distribute its tickets to its guest for use in the manner permitted herein. Any assignment or attempted assignment by STM in contravention of this Agreement shall be null and void and shall be grounds for termination of this Agreement by CE.
Marketing communications
We process Device/Network Data, Contact Data, Identity Data, and Preference Data in connection with marketing emails, SMS, push notifications, telemarketing, or similar communications, and when you open or interact with those communications (“Marketing Communications”). You may receive Marketing Communications if you consent and, in some jurisdictions, as a result of account registration or a purchase. In some cases, Preference Data may reveal Race or Ethnic Origin (see “Profiles” for more information).
We process this Personal Data to contact you about relevant products or services and for our business purposes. We may use Device/Network Data, Contact Data, Identity Data, and Preference Data for our commercial purposes (which may include data sales/sharing). We also process Race or Ethnic Origin Data and Precise Location Data to personalize Marketing Communications as permitted by applicable law, but we do not process this data for Targeted Advertising, or where users have opted out or not provided necessary consents. We do not sell or “Share” Race or Ethnic Origin Data and Precise Location Data or process it for Business Purposes not permitted under applicable law.
By providing your phone number, you agree to receive recurring automated marketing text messages (e.g. cart reminders) from the Colorado Eagles and third parties acting on its behalf. Consent is not a condition to obtain goods or services. Msg & data rates may apply. Msg frequency varies. Reply HELP for help and STOP to cancel.
COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses
This section is an acknowledgement and express assumption of risk and release of liability in any way related to or arising from being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”) in and around any part of the Blue Arena or surrounding grounds or parking areas, to which STM ticket provides access. STM acknowledges and confirms on his/her behalf, and on behalf of any individual who uses STM ticket(s) (including any Minors), both now and in the future, that STM understands and expressly assumes the risk that STM may be exposed to COVID-19 or other Communicable Disease. STM expressly understands that these risks include contracting COVID-19 or other Communicable Disease and the associated dangers, medical complications, and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other Communicable Disease. STM further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting Communicable Disease, including, but not limited to, COVID-19, that it cannot be guaranteed that STM will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other Communicable Disease are risks inherent in STM decision to use his or her tickets that cannot be eliminated. STM further acknowledges and understands that, if infected with COVID-19 or other Communicable Disease, STM may infect others he/she subsequently comes in contact with, even if STM is not experiencing or displaying any symptoms of illness, and that the risk of spreading COVID-19 or other Communicable Disease to others remains at all times. Accordingly, STM further agrees that he/she will not utilize his/her tickets, or knowingly allow another person to utilize STM tickets, if within fourteen (14) days preceding the ticketed event, STM or the individual using the ticket has:
A) tested positive or presumptively positive for COVID-19 or other Communicable Disease or been identified as a potential carrier of COVID-19 or other Communicable Disease; OR
B) experienced any symptoms commonly associated with COVID-19 or other Communicable Disease; OR
C) traveled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” health advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”); OR
D) been in direct contact with or the immediate vicinity of (collectively, the “Encounter”) any person who is either confirmed or suspected of being infected with COVID-19 or other Communicable Disease or who has travelled to a Prohibited Country within the fourteen (14) days preceding the Encounter.
STM agrees that this section is intended to be a binding and full waiver of claims and release of liability with respect to any controversy, claim or dispute that may arise out of or during use of this ticket that is related to exposure to or the contraction of COVID-19 or other Communicable Disease.
