Lightning 'Stm' Terms and Conditions
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LIGHTNING ‘STM’ TERMS AND CONDITIONS The following terms and conditions are applicable to all Tampa Bay Lightning Season Ticket Members (STMs). For purposes of these Terms, “STM” is defined as any individual or corporate entity that agrees to purchase a (i) full-season package, a (ii) half-season package, and/or a (iii) 10-game pack. Tampa Bay Arena, L.P., acting as authorized agent of Lightning Hockey LP is referred to herein as the “Tampa Bay Lightning”. You, the STM, acknowledge and agree to the following: 1. All sales are final; No Refunds or Exchanges: STMs are not entitled to any refunds, exchanges, or cancellations on their STM account (“Account”), including, without limitation, in the case of inability of or failure by STM to use any or all of the tickets. Payments must be timely made on or before the agreed upon Payment Plan dates. Delivery of tickets shall be made by September 20 prior to the applicable hockey season, and only upon receipt by the Tampa Bay Lightning of full payment of all monies currently due in connection with the applicable STM Account. For STMs that are set-up on installment Payment Plans: in the event that such STM fails to timely make any required payments, the Tampa Bay Lightning reserve the right to either (a) withhold your tickets for upcoming games until such time as payment is made and the Account is in good standing, or (b) terminate your Account, with any payments made prior to the termination date forfeited by STM. 2. Revocable License: Each ticket featured as part of a STM package is a revocable license issued by the Tampa Bay Lightning to the individual or the corporate entity listed on the STM Account of record. Breach of any of these Terms shall entitle the Tampa Bay Lightning to all legal remedies available to it, including, without limitation, revocation or cancellation of the applicable STM Account. The Tampa Bay Lightning reserve the right to refuse to sell tickets to any individual or to any entity for any lawful reason. 3. ‘Bolt for Life’ Auto-Renewal Plan: I, the undersigned STM-of-record, subject to the terms outlined in this Section 3, hereby acknowledge that I will be included in the ‘Bolt for Life’ auto-renewal STM plan (the “Bolt for Life Plan”). In connection with the Bolt for Life Plan, I further acknowledge the following: I will have a choice between a 12-month payment plan, a 6-month payment plan, or a pay-in-full payment option (each, a “Payment Plan”). STM can, at any time and for any reason, terminate their Bolt for Life Plan and their STM Account by delivering written notice of such intent to terminate to the Tampa Bay Lightning via the following link: www.tampabaylightning.com/stmoptout (the “Termination Notice”). Upon receipt of the Termination Notice by the Tampa Bay Lightning, (i) STM will not be obligated to honor any unpaid/future Payment Plan payments, (ii) the Tampa Bay Lightning, effective as of the noted effective date of termination in the Termination Notice, will not be obligated to honor any future tickets (whether such unused tickets have been delivered to STM or not); and (iii) STM shall not be entitled to any refund for any Payment Plan installment payments made prior to the effective date of cancellation (as applicable, the “Pre-Termination Payments”). Any Pre-Termination Payments will be made available to STM, on a pro-rata basis, as a credit for Tampa Bay Lightning single-game or group tickets for the then- current season (the “Credit”). For purposes of clarification and illustration, in the event that STM terminates their Bolt for Life Plan on December 31, 2018, and in the event further that said STM paid the full amount of the STM Account at the start of the 2018-2019 season, STM shall be entitled to a pro-rata Credit for the balance of the season (January 1, 2019 through the end of the 2018-2019 regular- season), and the Credit may be used to purchase Tampa Bay Lightning tickets for the 2018-2019 season at the Tampa Bay Lightning’s then-current market rates (such market rate will not be the preferential STM rate). STM will be provided with a ‘dues’ statement (the “Dues Statement”) for the upcoming Tampa Bay Lightning season each February (e.g., statement in February 2017 will be for 2017-2018 season). In the event that STM has any issue with any amount or any Payment Plan outlined on the Dues Statement, STM shall promptly notify the Tampa Bay Lightning. 4. STM Payment Plan Terms: the following terms are applicable to each STM Account (inclusive of Bolt for Life Plans) wherein four (4) or more installment payments are scheduled: I, the undersigned, hereby authorize the Tampa Bay Lightning to process payment of my account balance in accordance with the Payment Plan selected by me (e.g., 12-month, 6- month, or pay-in-full). I further authorize the Tampa Bay Lightning to automatically charge my credit card or debit card in order to process the Payment Plan. I agree that no prior notification will be provided unless the date or amount of the payment changes, in which case notice will be provided a minimum of ten (10) days in advance of the payment being initiated/processed by the Tampa Bay Lightning. Unless expressly stated otherwise herein (e.g., ‘Bolt for Life’ Termination Option), I understand that a cancellation of this authorization does not relieve me of my payment obligations to the Tampa Bay Lightning in connection with my Account (please contact your financial institution regarding your right to cancel automatic payments). This constitutes your copy of the recurring payment authorization to the Tampa Bay Lightning -- please retain a copy for your records. * The Payment Plan is subject to the terms of the Truth in Lending Act (TILA). I hereby acknowledge my awareness that (i) I am not being assessed a finance charge for participating in the Payment Plan; (ii) the Balance is not subject to any assessed interest; (iii) I am not subject to any pre-payment penalty for paying the Balance in advance of the designated Payment Plan dates; and (iv) Late Payment Plan payments are subject to the Terms. I hereby further acknowledge that I have been provided with all necessary information relating to the purchase of the Tickets and my participation in the Payment Plan, and that TBA has my express authorization to process payment of the Balance and the Payment Plan as outlined above. Should I have any questions regarding my rights under TILA as it relates to this transaction, I have been advised that I may contact TBA's Legal Department. The foregoing payment authorization shall remain in effect for so long as my ‘Bolt for Life’ membership remains in effect. 5. Partial Payment: STM acknowledges that partial payment of the STM Balance or use of any of the Account tickets indicates acceptance of these Terms and constitutes a legal obligation on the part of STM to remit the entire Account Balance. Any partial payments received by the Tampa Bay Lightning or any of its affiliates are not refundable. The Tampa Bay Lightning reserve the right to charge a processing fee in the event that an authorized charge is refused by STM’s financial institution for any reason. In the event that the Tampa Bay Lightning (or any of its affiliates) incur any fee/expense associated with the collection of any outstanding Account Balance from STM, STM shall be liable for all such expenses (including, without limitation, attorney’s fees, court costs, and collection agency fees) incurred by the Tampa Bay Lightning or its affiliates. 6. Ticket Resale Limitations: The Tampa Bay Lightning acknowledge that STM may not be able to use each of the tickets in their STM Account. STM acknowledges that the spirit of being a part of the STM ‘club’ is not to generate financial gain or benefits for STM by virtue of selling STM tickets, but rather is rooted in a desire to support the Tampa Bay Lightning. As such, STM acknowledges that his/her resale and/or trade activity may be monitored and tracked by the Tampa Bay Lightning, and, in the event that STM sells, attempts to sell, or engages a third party to sell on his/her behalf a substantial portion of the Account tickets, the Tampa Bay Lightning reserve the right to cancel the STM Account (the “Resale Breach Termination Right”). In the event that the Tampa Bay Lightning elect to exercise its Resale Breach Termination Right, the Tampa Bay Lightning will provide STM with written notice of such election, and, as applicable, (i) issue STM a full refund for any unplayed Lightning games encompassed within the applicable STM Account that STM has paid for, or (ii) relieve STM of its obligation to pay the Account Balance as it relates to any unplayed Lightning games (STM shall remain obligated to satisfy any portion of the Account Balance that relates to any Lightning games that predate the date of Account termination/suspension). Following the exercise of the Resale Breach Termination Right by the Tampa Bay Lightning, the Tampa Bay Lightning shall have no further obligation to STM, whether under the Agreement or otherwise (including, without limitation, forfeiting any interest in any playoff tickets). 7. Right to Suspend or Terminate STM Rights for Cause: The Tampa Bay Lightning reserve the right to suspend or cancel a STM’s privileges (including refusal by the Tampa Bay Lightning to honor any Account tickets) for reasonable cause.