Chargers Season Ticket Policy | Los Angeles Chargers - chargers.com
Season Ticket Membership Plan Terms and Conditions
EFFECTIVE DATE: November 1, 2021
These Chargers Membership Plan Terms and Conditions ("Terms and Conditions") govern the purchase of season tickets through an auto-renewing season ticket payment plan of pre-season and regular season tickets for the Los Angeles Chargers home games played at SoFI Stadium (together, "Season Tickets") during the 2022 season and subsequent seasons. If you have chosen to pay for your Season Tickets in a non-auto-renewing lump sum, these Terms and Conditions do not apply.
THESE TERMS AND CONDITIONS CONTAIN AN AUTOMATIC RENEWAL FEATURE. PLAN PAYMENTS WILL CONTINUE UNTIL YOU CANCEL THE PLAN. YOU MAY CANCEL EITHER BEFORE A NEW PLAN YEAR BEGINS (IN WHICH CASE NO PLAN PAYMENTS FOR THE NEW PLAN YEAR WILL COME DUE) OR YOU MAY CANCEL AFTER A NEW PLAN YEAR BEGINS BY PAYING THE OUTSTANDING BALANCE FOR THE SEASON TICKETS FOR THE THEN CURRENT PLAN YEAR.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND A DISPUTE IS DECIDED BY AN ARBITRATOR AS TO YOUR INDIVIDUAL DISPUTE ONLY. DISCOVERY IS MORE LIMITED IN ARBITRATION THAN IN COURT, AND THERE IS NO RIGHT OF APPEAL FOR ERRORS OF FACT OR LAW THE ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR THE CHARGERS RESOLVE ANY CLAIM.
In these Terms and Conditions, "you" and "your" means the Season Ticket owner identified on the Stadium Builder License ("SBL" or "Seat License") Account associated with the Season Tickets (whether person or entity). "I," "our," "Los Angeles Chargers," and "Chargers" mean, collectively Chargers Football Company LLC. "Invoice" means each season's invoice and any revised invoice (as described below) and any written timetable of scheduled payment amounts and due dates sent to you by the Los Angeles Chargers. "Chargers Membership Plan" means the payment plan that automatically renews each year under which you purchase Season Tickets offered to you by the Chargers. "Plan Year" means the period that begins the date when the first payment specified in a season's Invoice (November 15 of the then current year) and ends the date when the last payment specified in the same season's Invoice (the following August 15). You understand that you are under no obligation to enroll in the Chargers Membership Plan. You may instead purchase your tickets by paying for them in a lump sum.
CHARGERS MEMBERSHIP PLAN
For each applicable Plan Year, the Chargers will make an Invoice available to you specifying the estimated dates and estimated amounts of the payments that are scheduled to come due under the new Plan Year's Chargers Membership Plan. If you do not wish to participate in the Chargers Membership Plan in the new Plan Year, you may cancel any time before the new Plan Year begins. If you timely do this, no payments for the new Plan Year will come due under the Chargers Membership Plan. You may also cancel after the new Plan Year begins so long as you pay the outstanding balance of the Season Tickets for the then current Plan Year as indicated in your Invoice or revised Invoice. You may cancel by calling us at 1-877-CHARGERS or by email at Guest.Services@chargers.nfl.com or in such other manner specified in the applicable Invoice. If you do not cancel the Chargers Membership Plan, you agree to purchase the Season Tickets by making the payments specified in the Invoice under the terms set forth in the Automatic Payment Authorization below. The Chargers may change ticket prices at any time following at least 30 days' advance written notice to you. If you do not agree to such price change, you may cancel your Chargers Membership Plan by calling us at 1-877-CHARGERS or by email at Guest.Services@chargers.nfl.com or in such other manner specified in the applicable Invoice. In the event such change occurs after that start of a Plan Year, you will be provided an Invoice to reflect the revised installment amounts for the remaining Plan Year's payments. If you do not cancel prior to the subsequent Play Year payment with the modified installment payment prices, you agree to the revised ticket prices and to making the revised installment payments specified in the Invoice under the terms set forth in the Automatic Payment Authorization.
You understand that enrollment in the Chargers Membership Plan does not constitute a guaranty that the Chargers will offer the opportunity to purchase Season Tickets for any given season and is subject to the good standing of the SBL account associated with the Season Tickets. You agree that the Chargers may send you notices and Invoices related to the Chargers Membership Plan via email at the email address you provided to the Chargers, and you agree to promptly notify the Chargers of any updated email address that should be used to contact you.
If you fail to make a payment due under the Chargers Membership Plan within 30 days of its due date, (1) the Chargers may cancel your Season Tickets, (2) You will remain responsible for all remaining amounts due under the then-current Invoice (unless you have the right to cancel and you exercise this right as set forth above), and (3) your participation in the Chargers Membership Plan may be terminated. Failure to pay for Season Tickets may influence your rights and benefits under your SBL Agreement and your ability to retain or purchase those Season Tickets for subsequent Los Angeles Chargers games.
If you cancel the Chargers Membership Plan by providing a cancellation notice and paying the outstanding balance of the Season Tickets for the then current Plan Year, then there are no additional charges for the Chargers Membership Plan or cancellation of the Chargers Membership Plan.
The Chargers have no obligation to resell your Season Tickets in the event of the termination of the Chargers Membership Plan (unless you have the right to cancel and you exercise this right as set forth above). If the Chargers do resell your Season Tickets, you will remain liable to the Chargers to the extent permitted by law for the balance due under the then-current Invoice as well as any collections costs incurred by the Chargers, except that any amounts collected by the Chargers through the reselling of your Season Tickets will be credited to you only if, at the time of resale, there remains no other tickets in the same price level as yours in the Chargers' ticket inventory.
REVOCABLE LICENSE. Los Angeles Season Tickets are a limited, revocable license issued by the Chargers to the individual or corporate entity name that appears on the account of record. The Chargers reserve the right to revoke this license for any lawful reason, including breach of any of the provisions of these Terms and Conditions, or violations of the Chargers Code of Conduct, or any provisions contained in the Chargers Season Ticket Policy. Any such breach may impact the rights and benefits you receive under your SBL Agreement, and shall entitle the Chargers to all available legal remedies, including but not limited to revocation or cancellation of your SBL account, Chargers Membership Plan (including the Auto-Renewing Payment Plan, if applicable), and/or Season Tickets. Upon such revocation or cancellation, neither the Chargers nor any of its agents shall have any obligation to issue a credit, refund or any other compensation to you for any payments paid and originally scheduled to be paid prior to the date of such revocation or cancellation.
ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. All sales of Season Tickets are final, and no refunds of payments or deposits for Season Tickets, or exchanges for Season Tickets, will be made except as provided for herein, in your SBL agreement, or in the Chargers' sole discretion. Game dates and times are subject to change by the NFL under its policies or due to other actions or events beyond the NFL's control. No refund will be made if the holder of the ticket cannot attend. If the Chargers play the game at a location other than SoFi Stadium, or if it is cancelled and not rescheduled, the sole remedy shall be refund of the original ticket purchase price for that specific game.
LOST OR STOLEN TICKETS. The Chargers are not responsible for lost, stolen, or duplicated tickets, and any reissuance of tickets shall be at the sole discretion of the Chargers and may be subject to additional fees determined by the Chargers.
SEASON TICKETS. The use of the Season Tickets shall be subject to the then current Ticketback language and the policies and procedures of the Chargers (including the Chargers Season Ticket Policy) and SoFi Stadium. Use of the Season Tickets represents your acceptance and agreement with the then current Ticketback language. The Chargers reserve the right to not activate or deactivate any Season Tickets for which payment has not been made. In the event that a payment you make or authorize is later reversed, disputed or otherwise not credited to the Chargers, you understand that, to the fullest extent permitted by law and without limiting any other rights or remedies that may be available to the Chargers, you will be personally responsible for such payment and for any collection costs and attorneys' fees incurred by the Chargers.
NON-TRANSFERABLE. Season Ticket Accounts are nontransferable without the prior approval of the Chargers. Such approval may be withheld by the Chargers in its sole discretion. The Chargers reserve the right to mandate policies governing the resale of any Chargers Season Tickets, which policies may apply with immediate effect as directed by the Chargers in its sole discretion.
POSTSEASON; SPECIAL GAMES. The Season Tickets purchased under these Terms and Conditions are only for those pre-season and regular season games played by the Chargers at home at SoFi Stadium during the season specified in the applicable Invoice ("Current Season Regular Home Games"). Nothing in the Season Tickets, the SBL agreement, an Invoice or these Terms and Conditions should be construed to create a right on the part of you or any holder of a Season Ticket to current or further games or events (e.g., postseason games, special games, next-season games, international games or neutral site games) other than Current Season Regular Home Games.
RELOCATED OR UNPLAYED GAMES. In the event that less than the originally scheduled number of total preseason or regular season home games are played at SoFi Stadium during the season because of a labor dispute, strike, Act of God, COVID-19 pandemic or any other reason, the Chargers will either (1) reduce the total amount due for the Season Tickets by the ticket cost of the game(s) not played at SoFi Stadium, as determined by the Chargers and variable by game (the "Unplayed Ticket Value"); or (2) issue a credit to your account for the Unplayed Ticket Value. Nothing herein, including without limitation the Chargers' issuance of Season Tickets, shall operate as or constitute any representation, warranty, covenant or guarantee by the Chargers that any number of games shall occur at SoFi Stadium.
COVID-19 PANDEMIC AND ANY OTHER PUBLIC HEALTH EMERGENCY. All 2022 and thereafter access, benefits, promotions, seating locations, and events (including, without limitation, location, dates, and times) are subject to change without notice based on the ongoing developments of the COVID-19 pandemic and any other public health emergency. This Chargers Membership Plan is subject to the order(s) of the Public Health Officer of Los Angeles County and any other applicable orders of duly constituted officers of the County of Los Angeles or the State of California. The Chargers reserve the right to require such additional protective measures as they may deem appropriate, such as vaccinations and/or mask wearing by ticket holders. The terms and conditions of your ticket and policies applicable to use are updated to address COVID-19, health and safety, and seating pods. If a game(s) are cancelled rather than rescheduled, the ticket price for such game(s) will be refunded.
SBL AGREEMENT. Except with respect to the Arbitration Agreement, if any terms and conditions contained herein conflict with your SBL Agreement, the terms and conditions in the SBL Agreement shall prevail.
MISCELLANEOUS. Except as set forth in the Arbitration Agreement, these Terms and Conditions shall be governed by the laws of the state of California applicable to agreements made and to be performed entirely in California, without regard to any conflicts of laws principles thereof. To the fullest extent permitted by law, the Chargers reserve the right to modify the pricing of tickets, Chargers' policies, and these Terms and Conditions in its sole discretion and for any lawful reason and subject to your SBL Agreement, if applicable. Notwithstanding anything to the contrary herein, the Chargers reserve all rights under all other applicable law. Except as set forth in the Arbitration Agreement, if any provision of these Terms and Conditions is determined to be invalid or unenforceable, such provision shall be amended to the minimum extent necessary to make such provision enforceable, and any such invalidity or unenforceability shall not affect the validity or enforceability of any other provision hereof. You represent and warrant that you have the authority to sign on behalf of, and bind, the owner of the SBL account and Season Tickets governed by these Terms and Conditions.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER ("Arbitration Agreement")
The Chargers and you (the "Parties") each may unilaterally elect to resolve any and all claims and disputes whatsoever, including, but not limited to those relating in any way to any of these Terms and Conditions and/or any Season Tickets, memberships, season ticket plans, payment plans (including, without limitation, the Chargers Membership Plan if applicable), Invoices, games, marketing efforts, promotions, or any of our dealings with one another during any current or future season ("Claims"), except for claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and its enforceability and interpretation and the arbitration procedures to be employed hereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and not by state law. The substantive merits of the Claims arbitrated hereunder, however, shall be decided under and governed by the laws of the State of California.
If either Party seeks to have a dispute settled by arbitration, that Party must first send to the other Party, by certified mail, a written Notice of Intent to Arbitrate ("Arbitration Notice"). If the Parties do not reach an agreement to resolve the Claim within thirty (30) days after the Arbitration Notice is received, the Parties agree that the Claim will be resolved by a final and binding arbitration proceeding with JAMS, Inc. ("JAMS") in Los Angeles County, California under the Optional Expedited Arbitration Procedures then in effect. You may obtain information about arbitration, arbitration procedures, and fees from JAMS by calling 800-352-5267 or visiting jamsadr.com. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that both Parties agree upon in writing or that is appointed pursuant to section 5 of the FAA.
The Parties agree that, except as otherwise expressly required by JAMS rules, (i) the Party filing arbitration shall pay all JAMS filing fees and reasonable administrative fees and arbitrator's fees up to the amount that the Party would have had to pay in the Superior Court of the State of California for the County of Los Angeles, and any additional JAMS filing fees or administrative fees or arbitrator's fees shall be paid by the Chargers; (ii) thereafter, each party shall bear its own arbitration costs and fees, including witness fees and attorneys' fees; and (iii) if the arbitrator finds that either the substance of the Claims of any Party or the relief sought by any Party is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator shall award the other party all of its costs and fees of the arbitration, including witness and reasonable attorneys' fees.
The Parties agree and understand that if arbitration is elected, (1) their dispute will be decided by an arbitrator rather than by a judge or jury; (2) in arbitration discovery rights are more limited than in court, and there is no right to appeal for errors of fact or law by the arbitrator; and (3) neither Party will have the right to participate in a class action or class arbitration or collective action or consolidated action that aggregates the claims of more than one claimant. The Parties each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A TRIAL IN COURT BEFORE A JUDGE OR JURY. IF EITHER PARTY ELECTS ARBITRATION, THE APPLICABLE DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, COLLECTIVE ACTION OR ANY SIMILAR PROCEEDING THAT AGREGATES THE CLAIMS OF MORE THAN ONE CLAIMANT.. The arbitrator(s) may not consolidate the claims of multiple parties.
The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator's authority is limited to the Chargers and you alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The Chargers and you agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to those you permit to use your tickets and relevant Chargers employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
Notwithstanding any other provision herein, the Parties may each seek relief in a small claims court for Claims within its jurisdiction. In addition, either party may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Arbitration Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of any Season Ticket plan and any related agreement, your fulfillment or default of your obligations under any Season Ticket plan or any related agreement, and/or your or the Chargers' bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH BELOW. If you do not wish to be bound by this Arbitration Agreement, you must notify the Chargers in writing within thirty (30) days after the date you agree to these Terms and Conditions. You must send your request to: Chargers Football Company, LLC, 3333 Susan Street, Costa Mesa, California, 92626, Attn: Legal Department. The request must include your full name, address, account number, and the statement "I reject the Arbitration Agreement contained in my Los Angeles Chargers season ticket plan." If you exercise your right to reject arbitration, the other terms of the Chargers Membership Plan shall remain in full force and effect as if you had not rejected arbitration.