Las Vegas Stadium PSL Deposit Agreement
By placing a $100 Las Vegas Stadium Personal Seat License deposit (“Deposit”), you agree to be bound by the terms of this Agreement. Please also note that Paragraph Fourteen of these terms contains a provision requiring binding arbitration of disputes between you and The Oakland Raiders (“Raiders”). If you do not agree to these terms, please do not place a Deposit.
1. Eligibility. All members of the general public over the age of eighteen, including current Raiders season ticket members, may place a Deposit. Only one deposit per household is permitted.
2. Deposit. By placing a Deposit, you may have an opportunity to purchase a Personal Seat License (“PSL”) and Raiders Season Tickets at the Las Vegas Stadium where Raiders plan to play home football games starting with the 2020 NFL Season (“Stadium”). Placing a Deposit ensures that you will receive information regarding the sale of PSLs and Raiders Season Tickets for the Stadium as it becomes available. Details regarding the process for the sale of PSLs and Raiders Season Tickets for the Stadium are being finalized, and placing a Deposit does not guarantee that you will have an opportunity to purchase a PSL or Raiders Season Tickets at the Stadium.
YOU UNDERSTAND THAT PLACING DEPOSIT DOES NOT PLACE YOU ON A NUMBERED WAITLIST OR PROVIDE SPECIFIC PRIORITY IN TERMS OF WHEN OR IF YOU WILL BE CONTACTED REGARDING A PSL OR RAIDERS SEASON TICKET PURCHASE. YOU UNDERSTAND THAT PLACING A DEPOSIT DOES NOT GUARANTEE YOU THE OPPORTUNITY TO PURCHASE SEATS IN ANY LOCATION.
3. PSL. You agree that you must purchase a PSL for the Stadium as a prerequisite to purchasing Raiders season tickets. A PSL is a one-time fee that will secure your right to purchase tickets to Raiders games and other events at the new Stadium. PSLs will be sold by or on behalf of the Las Vegas Stadium Authority.
4. Cost. The Deposit fee is one hundred dollars ($100). The costs associated with PSLs and Raiders season tickets at the Stadium have yet to be determined.
5. Your Contact Information. By placing a Deposit, you agree that the Raiders, the Las Vegas Stadium Authority, and parties acting on their behalf may contact you by phone, regular mail, and email regarding the potential purchase of a PSL, Raiders season tickets, and other events at the Stadium. You agree that if your name, mailing address, and/or email address change after you place your Deposit, it is your responsibility to provide updated contact information to Raiders or the party designated by Raiders and to ensure such party properly confirms receipt of this information. Any update of your contact information is not valid until acknowledged. Failure to ensure a proper update of your contact information means you may lose the opportunity to purchase seats at the Stadium. In the event Raiders attempts to contact you regarding your Deposit but is unable to do so because you did not maintain accurate contact information or you fail to respond to inquiries, the Las Vegas Stadium Authority may retain the Deposit.
6. Process. Details regarding the process for the sale of PSLs and Raiders Season Tickets at the Stadium are being finalized. When those details are finalized, those who placed a Deposit will receive information regarding the sale process. If you are offered the opportunity to purchase a PSL and Raiders season tickets, you understand that if you do not choose your seat locations when presented with the opportunity to do so, those seats will continue to be made available to others, and you may lose your opportunity to purchase seats at the Stadium. You also understand that, depending on the number of seats available, you may not have the opportunity to purchase seats in any location.
7. PSL/Season Tickets Purchased. If you agree to purchase a PSL at the Stadium, you will enter into one or more agreements regarding the rights and responsibilities you have as a PSL holder. If you agree to purchase Raiders season tickets at the Stadium, you will enter into one or more agreements regarding the rights and responsibilities you have as a Raiders season ticket member.
8. PSL/Season Tickets Not Purchased. In the event you are not provided the option to purchase a PSL and/or Raiders season tickets because the Stadium sells out, or you decline the offered seats or fail to timely respond to an inquiry, you will have two options. If a waitlist is created for PSLs and/or Raiders season tickets, you may elect to joint this waitlist. If no such waitlist is created or you do not wish to join the waitlist, you may request a refund of the Deposit.
9. Forfeiture. You may receive a refund of the Deposit by contacting the Raiders by phone at 1-800-RAIDERS or the party designated by Raiders. Requesting a refund terminates all rights associated with the Deposit. Except as provided in this Agreement, you are not otherwise entitled to a refund. In the event Raiders determines that you have provided false information related to your deposit, or you violate any of the Raiders fan policies, including but not limited to the Fan Code of Conduct, Raiders reserves the right to terminate this Agreement.
10. Transfer. You may not sell, assign, or otherwise transfer your rights under this Agreement. Such right is personal to you. In the event Raiders determines you have in any way transferred your rights under this Agreement, Raiders may terminate this Agreement. Raiders and the Las Vegas Stadium Authority may transfer their rights under this Agreement at any time.
11. Termination. Raiders may terminate this Deposit program at any time for any reason.
12. Changes to the Program. Raiders reserve the right to, in its sole discretion, cancel, modify, or suspend the Deposit program and/or changes these terms at any time and for any reason without providing notice. Raiders may at any time vary, revise, amend, withdraw, substitute, add or remove any of the terms and conditions of this Agreement without notice to you.
13. Release and Indemnity. By placing a Deposit, you expressly agree to forever waive, release, discharge, and covenant not to sue Raiders, the Las Vegas Stadium Authority, and/or any of their past and present partners, limited partners, owners, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners, assigns and employees of any owners or entity owners), employees, agents, attorneys, directors, officers, shareholders, contractors, successors, assigns and insurers (collectively “Raiders Related Parties”) of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively, “Claims”), known and unknown, including, but not limited to, all those arising out of or in any way related to the Deposit; these terms; the legality of these terms; the negligence of Raiders or any Raiders Related Party; any purchase of PSL or tickets at the Stadium; any participation in the deposit program; and any presence at any NFL stadium or on the field or sideline. You represent and warrants that you own and/or have the authority to release the Claims stated herein expressly waives Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Further, by placing a Deposit, you expressly agree to at all times defend, hold harmless, and indemnify the Raiders and all Raiders Related Parties from and against any and all Claims of any kind or nature whatsoever (including reasonable attorneys’ fees and disbursements) arising out of or in any way related to the Deposit; these terms; the legality of these terms; the negligence of Raiders or any Raiders Related Party; any purchase of PSL or tickets at the Stadium; any participation in the deposit program; and any presence at any NFL stadium or on the field or sideline.
14. Binding Arbitration Agreement and Choice of Law. These terms shall be construed and interpreted according to the laws of the state of California without regard to choice of law principles. As a condition of participating in the deposit program, you and Raiders agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in any way connected with the Deposit or this Agreement, be resolved individually, without resort to any form of class action, exclusively through binding arbitration in Las Vegas, Nevada before JAMS under its Comprehensive Arbitration Procedures (currently available at http://www.jamsadr.com/rules-comprehensive-arbitration/). By entering into this Agreement, both you and Raiders waive any right to have any dispute arising out of or in any way connected with the program be resolved in a court of law by a judge or jury. Arbitration shall be the exclusive remedy for any such dispute. You and Raiders agree to waive the right to commence, be a party to, or be an actual or putative class member of any class, collective, or representative action, except that you and Raiders may bring a representative action under any statute wherein their rights to bring such representative action are deemed unwaivable (such as the California Private Attorneys General Act of 2004), but you and Raiders must bring such claims in arbitration. If any portion or aspect of this provision is found to be unenforceable for any reason, in whole, or in part, you and Raiders agree that the unenforceable portion or aspect of the agreement will be severed and the remainder of the provision, including the agreement to submit to binding arbitration, will remain valid and in effect.
Further, to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than your actual out-of-pocket expenses, and you further waives all rights to have damages multiplied or increased.
15. Warranties. You acknowledge and agree that the deposit program is being provided on an AS-IS basis and EXPRESSLY WAIVE ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
16. Miscellaneous. A waiver by Raiders of any breach or default of this Agreement shall not be nor be deemed to be a waiver of any other prior or subsequent breach or default of any provision of this Agreement. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.
This Agreement constitutes the entire, integrated agreement of the Parties with respect to the subject matter of this Agreement. It is understood that there are no oral agreements between the Parties affecting this Agreement and that this Agreement supersedes and cancels any and all previous negotiations, agreements, and understandings, if any, between the Parties. There are no other representations or warranties between the Parties and all reliance with respect to any representations is totally upon the representations contained in this Agreement. Each Party’s obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other Party, whether express, implied, in fact or in law.