The following terms and conditions (the “Agreement”) apply to the San Jose Earthquakes Membership Program (individually, a “Membership,” collectively, the “Memberships”).
In this Agreement, “San Jose Earthquakes” and “Earthquakes” mean the professional Major League Soccer team operated by Earthquakes Soccer, LLC and “Member” means an individual or entity who has purchased or is in possession of a Membership. A “Season” shall mean the regular season of Earthquakes as determined by Major League Soccer (“MLS”) each year, but shall exclude pre-season and post-season. The breach of any of the terms and conditions contained herein will automatically terminate the grant of license and benefits provided by the Membership.
- Dedicated Client Services Executive
- Includes all Earthquakes’ Home matches (excluding Playoffs)
- Additional benefits vary by membership category and include discounts on merchandise and concessions and preferable seating opportunities for playoff matches.
AUTOMATIC RENEWAL AND PAYMENT TERMS
By purchasing a Membership, you acknowledge that the Membership will renew every year under the following payment terms:
1. Payment Plan Options. Members will have access to two payment plans:
- Annual Plan: This plan allows Members to the total cost of their Membership in a lump sum payment. In 2022, those payments will be made on July 27, 2022 for returning Members. This payment is typically made using American Express, Discover, MasterCard and Visa (each a “Credit Card”).
- Four Payment Plan: This plan allows Members to pay for the cost of their membership for the following Season by making four (4) payments. In 2022, those payments will commence on July 27, 2022 for returning Members. These payments may be made by Credit Card only. If the Credit Card is declined for a payment for any reason, Earthquakes will re-run the Credit Card. If at this point payment has not been made, Earthquakes will attempt to notify the Member by email and/or telephone to request that the payment information be updated. If the issue with the Credit Card is not remedied within 15 days of the date payment was initially declined, Membership benefits for the following season shall be suspended until payment in full is made.
Please note that any Playoff Matches will be billed to Members on a match-by-match basis as such matches are confirmed, regardless of the payment plan selected by the Member. See Section 3. Play-Off Tickets: Automatic Renewal below.
2. Automatic Ticket Renewal.
With the purchase of a Membership for the upcoming Season, Members agree to enter into an automatic renewal membership program. Through this program, Members will have their Membership automatically renewed for the upcoming Season, until such time as they choose to opt-out of their Membership in accordance with the procedures set forth in this Agreement.
The Earthquakes’ Client Services Team will send a renewal notice to Members at least 21 days prior to the first automatic renewal payment date. This renewal notice will specify the new pricing for the Member’s tickets for the upcoming Season as well as any other ticket changes or Membership benefits. Members may opt-out of their Membership for the upcoming Season any time prior to the first payment by contacting a member of the Earthquakes’ Client Services Team. Any such Member who opts-out of the next Season will retain Membership status for the remainder of the current Season and any outstanding or future Membership payments relating to the current Season must be paid by the Member.
If notice of cancellation is not received by Earthquakes within the time frame specified above, the Member’s tickets shall be automatically renewed for the upcoming Season and the Member’s first payment shall be due and payable in accordance with the payment option selected by Member in prior Seasons.
Any changes to the price of the Membership, or any material changes to the Membership benefits, will be communicated to Members at least 21 days prior to the automatic renewal date each year. If Members wish to select a different payment plan at the start of each subsequent Season, they may do so by informing the Earthquakes’ Client Services department prior to the automatic renewal date for the following Season provided that no change in a payment plan will be effective until confirmed in writing by the Earthquakes.
The Membership cannot be suspended for any period of time. If a Member chooses to cancel the Membership for any period, the Member will need to re-establish Membership, subject to availability, and be subject to the then-current Member pricing and benefits.
Individuals or entities who select a Membership expressly authorize the initial and continued payments in accordance with their selected payment plan for the current Season and for each subsequent Season, until such time as they choose to opt-out of their Membership as provided herein.
3. Play-offs Tickets: Automatic Renewal.
Because of the inherent uncertainty associated with playoff games, each playoff game is at an additional cost above the annual Membership payment. Members automatically retain their seats for all playoff games at PayPal Park, excluding MLS Cup Finals. Playoff tickets will be charged to the Member’s account in advance of each playoff round. Upon release of the playoff schedule, Earthquakes shall send Members a notice of playoff ticket pricing information.
If notice of opt-out for the playoffs is not received by Earthquakes within the time frame as specified, Member will automatically receive tickets for the playoff games that Season, as applicable, and the Member’s payment shall be due and payable in accordance with the ticket pricing information provided.
MEMBERSHIP TERMS AND CONDITIONS
1. REVOCABLE LICENSE
Earthquakes owns and controls all rights to seat locations for Earthquakes home games at PayPal Park (“Stadium”). A purchaser of the Membership obtains a license, in the form of the ticket, to use the seat location at the Stadium designated by the ticket. The Earthquakes, in its sole and absolute discretion, may revoke this license at any time upon refunding the purchase price printed on the ticket to the Member, OR after any misconduct by the Member or the user of Member’s ticket for any particular match (herein after referred to as a “Ticket User”), without refund. This license is granted on a game-to-game basis, and is subject to all rules, regulations and policies relating to tickets as established from time to time by the Earthquakes, the Stadium and MLS. Breach of any of the terms of this Agreement or relevant ticket policies shall entitle Earthquakes to take all available legal remedies, including but not limited to revocation or cancellation of your Membership.
2. PAYMENT AUTHORIZATION
Member understands that by becoming a Member, Member is authorizing Earthquakes to bill the Member for Membership dues in accordance with the payment terms that the Member selects. For all Membership payments, this payment authorization shall remain in effect for so long as the Membership remains in effect. The Member hereby represents and warrants that the Member has the authority to approve charges in accordance with the listed payment information for the purpose of paying the Membership dues. The Member understands and agrees that the Earthquakes is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, the Earthquakes’s only responsibility is to correct it after it receives notice of the error. All deposits and/or payments made are non-refundable.
The Member understands that it is solely the Member’s responsibility to ensure the Member’s payment information is current and to notify Earthquakes of any deficiencies, and that the Member’s failure to do so within the specified time frame may result in a loss of Membership privileges and potential revocation of the Membership. Under the Membership, all payments are due on the dates specified regardless of match cancellations or rescheduling – refunds will be addressed in accordance with the applicable policy in effect at that time for the applicable match.
Earthquakes accepts American Express, Discover, MasterCard and Visa for ticket orders. Checks are acceptable in advance only and may be made payable to: San Jose Earthquakes. Cash is acceptable if delivered in person. Orders may have a processing fee assessed. All sales are final. No refunds or exchanges are permitted.
3. ACCOUNT OWNERSHIP
The Member is the rights holder, and can be either an individual or business entity, on the original application for the Membership. If the Member is a business entity, a contact name must be provided to the Earthquakes. The business entity may request a change in the name of the contact person for its account at any time. A request to change the contact person of an entity must be submitted to Earthquakes in writing.
The Earthquakes’s acceptance of Membership payments for a Membership from any individual or entity who is not the account holder for such Membership does not grant any Membership rights to such individual or entity or cause or require Earthquakes to change the name of the Member on the account. Any rights or privileges associated with a Membership belong only to the account holder of record as indicated on the Earthquakes’s records. The Earthquakes reserves the right to require that any transaction pertaining to a Membership held in a corporate name be supported by appropriate corporate confirmation documents.
Membership accounts and/or account numbers are not transferable from one person or entity to another.
4. PROHIBITION ON ADVERTISING AND PROMOTION
Tickets or Membership privileges may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of The Earthquakes.
5. PROMOTIONAL USE OF MEMBER IMAGE
The Member or Ticket User grants permission to Earthquakes and MLS (and their respective affiliates, designees, representatives and agents) to utilize the Member or Ticket User’s 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 match in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
6. MEMBERSHIP PRIVILEGES SUBJECT TO BYLAWS
Members agree to abide by applicable rules, regulations, or policies set by The Earthquakes, MLS, and Stadium, including without limitation, the MLS Fan Code of Conduct (http://www.mlssoccer.com/fans/code-of-conduct), and any applicable Earthquakes policies or Stadium rules and policies. Members further acknowledge that they will be bound and agree to abide by any modification or amendment of the foregoing rules, regulations and policies as may apply from time to time.
7. FAN BEHAVIOR
Each Member and Ticket User is subject to the Ticket Policy and Stadium Rules of Conduct.
All tickets remain the property of Earthquakes and each is a revocable license which may be withdrawn, and admission refused anytime. Members are responsible for the actions of themselves and any individual using their seats. Earthquakes reserves the right to terminate the Membership in its entirety if the Member or any individual using the seats engages in disorderly conduct or otherwise fails to follow Stadium rules and regulations. In such a case no refund shall be made of any amounts paid for such Memberships and the Member waives its right to any such refund.
Earthquakes reserves the right to refuse admission or eject any person who violates Stadium polices or whose conduct is deemed disorderly or for the protection of patrons. All persons seeking entry into the Stadium specifically consent to and are subject to metal detector and physical pat-down inspections prior to entry. All bags may be thoroughly searched.
Any Member or Ticket User who behaves in an unruly or disruptive manner, including, but not limited to, foul language, intoxication, vandalism, physical or verbal abuse of other fans, Stadium employees, match officials, players or coaches during, before or after a match may be asked to leave the Stadium. Member of record is responsible for such behavior by anyone using their tickets. Earthquakes reserve the right in the event of such behavior, to terminate your Membership without refund or other compensation.
8. Distribution of Ticket Package
Members will receive their tickets electronically.
9. Change of Email Address
It is the Member's responsibility to notify the Earthquakes Client Services Team of any change of email address to insure prompt delivery of tickets, notices and other dated material. Email address changes may also be made through your Account Manager.
10. No Refund Policy
No refunds, exchanges or cancellations are permitted unless Earthquakes is unable to fill your order. Refunds will not be granted due to a match date or time change.
11. Rainout Policy
Earthquakes reserves the right to change the date and/or starting time of any event or match and no such change shall entitle the Member to a refund. In the event of cancellation of an event or match, Earthquakes shall refund the Member for the value of the cancelled event as determined in the Earthquakes reasonable discretion.
12. RELEASE OF LIABILITY
THE MEMBER, BOTH FOR THE MEMBER AND FOR EACH TICKET USER, ACKNOWLEDGES THE RISKS INHERENT IN ATTENDING A LIVE SPORTING EVENT AND (i) VOLUNTARILY ASSUMES ALL RISKS AND DANGERS arising from or related in any way to attendance at the event in respect of which a ticket has been issued, whether occurring prior to, during or after such an event, including but not limited to the risk of lost, stolen or damaged property and the risk of personal injury or death, including all risk of injury or death resulting from the negligence or misconduct of other patrons, (ii) agrees to be bound by the terms printed on the back of each match ticket provided that if there is any necessary conflict between the terms on the match ticket and the terms of this Agreement, the terms of this Agreement will govern, and (iii) AGREES THAT THE MLS, THE EARTHQUAKES, STADIUM, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, VOLUNTEERS, PLAYERS, OFFICERS, DIRECTORS, PARTNERS, OWNERS, SPONSORS, CONTRACTORS AND OTHER AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM SUCH CAUSES AND ARE EXPRESSLY RELEASED FROM SAME.
13. AGREEMENT MODIFICATION
Earthquakes reserves the right to amend this Agreement in its sole discretion by posting such amendments on www.sjearthquakes.com.
Without restricting the generality of the foregoing, Earthquakes reserve the right to:
relocate Members during the Season and at any time during the playoffs to accommodate broadcast or security requirements, or for any other reasonable purpose in the sole discretion of The Earthquakes. Members will not be eligible for any refunds of any installment payments made prior to the relocation if the Member subsequently chooses to cancel the Membership as a result of the relocation.
14. General Admission Seating
General Admission seating sections are filled on a first-come, first-served basis. Members should not leave single seats open.
15. Notices and Requests
All notices and requests relating to a Membership account, whether or not described above, must be given in writing by the Member, and sent to the attention of Earthquakes Client Services. No notice or request will be effective or acted upon by Earthquakes until received in writing. All correspondence concerning a Membership account should include the account number and daytime phone number for the Member. Notices and requests from Earthquakes are communicated to Members via several methods, independent of and/or in combination with each other, and include but are not limited to U.S. Postal Service, telephone, e-mail or other social media outlets. It is the Member's sole responsibility to maintain accurate, current and complete contact information on their Membership account.
16. Governing Law
These Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Any action or proceeding arising out of or relating to this Agreement must be brought in the courts in the state of California and county of Santa Clara. The Member knowingly, voluntarily and irrevocably waives any objection it may now or hereafter have to venue or to convenience of forum.
17. Additional Matters
The foregoing policies and procedures attempt to cover most situations relating to Members at the Stadium. They do not apply to any matches (home or away) played by Earthquakes at a location other than the Stadium. In the event any issue or matter relating to the Membership is not covered, or if there is a question of interpretation of the policies and procedures or in the event of any dispute between Earthquakes and any Member or Ticket User, or any Member and a third party in regard to the Membership, Earthquakes reserves the right to make all final decisions and determinations and take all actions necessary, in its sole and absolute discretion, to resolve or dispute the issue. Earthquakes further reserves the right to modify and/or terminate any or all of the foregoing policies or procedures from time to time with or without prior notice to Members.
In order to ensure an excellent experience for all Members, Membership benefits, including but not limited to, future match exchange program and special events, are subject to change from year to year or/and within a season.
18. Acceptance of Terms/Conditions:
Upon remitting any full or partial payment toward your annual Membership dues, or by accepting delivery of your tickets and Member benefits, you acknowledge responsibility for payment of the full annual Membership price, and accept and agree to the complete terms and conditions of the Membership Agreement, and subject to any amendments made to the foregoing from time to time.