RIP CITY LEAGUE LLC TICKET PURCHASE TERMS AND CONDITIONS
1. TICKET PURCHASES. ALL REMIX TICKET SALES ARE FINAL. No refund will be given on the purchase of any Remix Ticket, except as specifically provided for in this Agreement. At this time, only persons residing in the State of Oregon or Western Washington are allowed to purchase a season ticket, a ticket package, or group tickets; however, any person who purchases such ticket(s) online with an invalid address may have the associated ticket account cancelled and, if applicable, provided a pro rata refund, as solely determined by RCL. Any person using a PO Box or unverifiable residential address may be asked to provide proof of residency for any season, package or group ticket purchase. Approval from RCL may be required for the purchase of season, package or group tickets by a business or other entity.
2. Game/Event Cancellation. The sole and exclusive remedy (if any) if admission is refused or revoked, or the game/event is cancelled and not replayed, is a refund of up to the Ticket’s face value set by RCL (the “Face Value”). In no event shall RCL, NBAGL, University of Portland, Chiles Center, Rip City Remix, Tixr, nor any of their related affiliates or Remix game or practice facility or venue (collectively, the “Venue Entities”) be liable for any special, consequential, incidental, indirect or exemplary damages of any kind, or any damages beyond the Face Value of the Ticket, including, without limitation, any amount paid in excess of Face Value for the Ticket. Notwithstanding the foregoing, if a game is cancelled and not rescheduled or is rescheduled to be played under conditions that prohibit the general public from attending, including if such cancellation or prohibition is due to an event of force majeure, then the Ticket purchaser will have the option to receive the Face Value as either (i) a refund to the method used for purchase, or (ii) a credit for a future Ticket purchase (credit must be used within 1-year).
3. Revocable Rights. All rights granted to you under this Agreement are in the nature of a revocable license. By purchasing any Ticket, you acknowledge and agree that RCL, as licensor, reserves the right to reassign seats or cancel your Tickets at any time prior to or during the season for any reason, including, but not limited to (i) violation of any of the terms and conditions contained herein, (ii) violation of any provision of the Fan Code of Conduct, or (iii) if deemed advisable in RCL’s reasonable discretion. Tickets may not be used without RCL’s express prior written consent (i) for advertising in any media (including commercial advertising), (ii) in any promotion, contest or sweepstake, or (iii) for any other trade purpose. Cancellation of any Ticket or Ticket account, regardless of the reason, will not relieve the purchaser/account owner of any monies owed to RCL relating to such account.
4. Ticket Use & Holder Conduct. Use of any Ticket by you or anyone you provide a ticket to (collectively, “Holder”) and admission to any Remix venue will be subject to all then-current rules, policies, health and safety requirements (including those of state and local authorities), and any Code of Conduct established by any Venue Entity, any of which may be updated from time to time as necessary or required (collectively, “Ticket Rules”). If there should be a conflict in terms of any Venue Entity policy and those contained herein, then the terms in this Agreement shall prevail. Before purchasing any Ticket you should check the then-current Ticket Rules. Holder acknowledges and agrees to comply with all Ticket Rules, including those that must be satisfied prior to entry and/or during any game/event. Upon any violation of a Ticket Rule, any Venue Entity will have the right to revoke the Ticket and eject the Holder, and in addition, such violation may result in suspension or cancellation of the related account. In addition, a ticket account owner understands, acknowledges and agrees that such owner will be held solely responsible for the conduct of a Holder using a Ticket purchased through such owner’s account.
5. Ticket Group Limitations; Authorized Resell & Transfer. Ticket Holders who sell or transfer one or more Tickets for a single game/event through authorized methods, as provided by RCL, are encouraged to use safe sell/transfer best practices, including but not limited to (i) sell/transfer to persons you know and trust, or (ii) sell/transfer to individuals who understand the Ticket Rules and then-current Health & Safety Requirements for use of such Ticket. All Ticket Holders, regardless of method of purchase, will be required to adhere to the provisions in this Agreement and any and all Ticket Rules (as defined above) prior to admittance to any game/event.
6. Unauthorized Sale/Resale of Tickets. (a) To ensure that all game/event patrons agree to, and comply with, all Ticket Rules and policies of the Venue Entities, a Ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Venue Entities. Without limiting the foregoing, any transfer of a Ticket to any person who fails to satisfy any Ticket Rule (including pre-game/event requirements established by RCL or the venue) may be voided by RCL and the Ticket cancelled without a credit or refund to Holder. (b) RCL reserves the right, in its sole discretion, to prohibit or cancel the purchase of any Ticket if it believes such Ticket will be or has been purchased solely for the purpose of resale. Any such resale or attempted resale of a Ticket will be considered as an unauthorized resale and will be considered as a material breach of this Agreement (“Unauthorized Resale”). Upon occurrence of an Unauthorized Resale, RCL will execute all rights allowed by law to (i) cancel the entire Ticket purchase and the associated account; (ii) revoke any unused Ticket(s) on the account, and (iii) charge the account and collect a restocking fee in the amount of ten percent (10%) of the total purchase price of the Tickets (the “Restocking Fee”). At the time of such Unauthorized Resale and termination of the account, after deduction of the applicable Restocking Fee if there is a credit remaining on the respective account RCL shall have the right to provide the remaining balance as a refund/credit to the applicable debit/credit card or bank account which was used to make the original Ticket purchase; provided, however, that if after deduction of the applicable Restocking Fee there are monies owed to RCL, for any reason including but not limited to application of the Restocking Fee, then RCL shall have the right to demand immediate payment of all monies owed and all rights to collection under the law, which may include but is not limited to, charging the applicable debit/credit card or bank account which was used to make the original Ticket purchase. O:LegalLEGALGLeague-RCL RemixG League Ticket Purchase Terms and Conditions (Updated 7-12-23).doc Page 2 of 2
7. Paperless Ticketing. All Tickets provided will be issued as paperless ticketing. You hereby agree that you will safeguard the paperless Ticket and that you are solely responsible for all use of the Ticket. If for any reason you require an alternate ticketing option, you will be required to make appropriate prior arrangements and, if necessary, you agree to pay any established printing or exchange fees. You acknowledge and agree that you will ensure that you and anyone you grant access to your account or transfer your Tickets to will be in possession of a valid Ticket in order to enter the venue for any event, and if you or any such other person does not have a valid Ticket then access to the venue will be denied.
8. Ticket Account Payments. Failure to make timely installment payments on your account as provided under an RCL approved payment plan (“Payment”) may result in (i) revocation of the Payment plan, (ii) demand for the entire remaining balance due to be paid in full, and/or (iii) restriction or cancellation of your Ticket account, as determined in RCL’s sole discretion. A $25.00 service fee will be charged for any returned check or declined credit card, which fee will be in addition to any fees which your bank or credit card institution may charge. Only with RCL’s prior approval will third-party Payments be accepted on an account; provided, however, it is understood that any such third-party Payment will not provide account privileges, Ticket access, or future credit rights, and if a third-party Payment transaction is rejected, returned or charged back for any reason, RCL will have the right to cancel such Payment, and upon notice you will be solely responsible to immediately bring the account current.
9. Account Ownership. Please note that you may be required to pay a non-refundable fee in the amount of $50 to reserve a season ticket account or to be placed on a waiting list (“Reserve Account Fee”). After your account is opened, the Reserve Account Fee will be applied to your first Payment; however, if you determine to cancel your reservation prior to opening an account the Reserve Account Fee will be considered as a restocking fee and forfeited in its entirety, unless otherwise determined solely by RCL. After an account is opened it becomes non-transferable, unless otherwise approved in writing by RCL. Only the first name listed on any Remix Ticket account will be recognized as the account owner (except with regard to explicitly-identified business accounts for which RCL may approve a limited number of additional persons to be authorized use by owner).
10. Collection of Game Data. All Remix/NBAGL game attendees are reminded that the unauthorized collection or distribution of game data, including statistics or play-by-play information, for any commercial purpose is strictly prohibited. Violators are subject to ejection, in addition to all penalties and remedies provided by law.
11. Assumption of Risk/Waiver of Liability. By using any Ticket, including acceptance of all Ticket Rules, you voluntarily assume all risk and danger of personal injury or illness (including death), and all hazards arising from, or related in any way to, such use, whether occurring prior to, during, or after the game/event, howsoever caused and whether by negligence or otherwise, and you hereby agree to indemnify and hold harmless each Venue Entity from any claim on account of any injury, illness or damage that you may suffer.
12. Post-season Tickets and Future Seasons. Post-season Ticket purchase opportunities and Ticket renewal privileges are extended at the discretion of RCL. Purchase or renewal of any Ticket does not guarantee rights to future purchase opportunities, nor does it include rights with regard to a specific seat location for post-season or any future season.
13. Choice of Law. This Agreement will be governed by the laws of the State of Oregon, without regard to choice of law principles, and that the jurisdiction for any dispute relating to this Agreement will be in a duly authorized court located within Multnomah County, Oregon.
14. Arbitration. Should any current or future dispute, claim or cause of action related to a Ticket or game/event arise between Holder and any Venue Entity, Holder shall send a written notice describing the issue (a “Dispute Notice”) to Rip City League LLC, One North Center Court, Suite 200, Portland, Oregon 97227, Attention: General Counsel. Holder and the Venue Entities agree to make a good-faith effort to resolve the dispute for a period of at least sixty (60) days following receipt of any Dispute Notice (the “Negotiation Period”). If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in Portland, Oregon conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective July 1, 2021, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because RCL and NBAGL are engaged in transactions involving interstate commerce with respect to the game/event). The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Holder and each Venue Entity agree that all disputes will be arbitrated on an individual basis and waive any right to litigate in court or arbitrate any claim as a class action, representative action, or class arbitration. If Holder does not consent to this clause, Holder must immediately leave or not enter the venue.
15. Severability. You agree that the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. This Agreement and the terms and conditions contained herein supersede any and all other prior and contemporaneous agreements, whether oral or written, pertaining to the specific subject matter contained here and are effective as of and will apply to any Ticket purchase on or after the date last updated below.
Updated: July 12, 2023