SEASON TICKET AND AUTOMATIC RENEWAL TERMS AND CONDITIONS
This agreement contains AN AUTOMATIC RENEWAL FEATURE. IF YOU ENROLL IN A SEASON TICKET PLAN (AS DEFINED BELOW), you will be charged, and payments will continue to be processed, for season tickets for the 2020-21 season and for each season thereafter unless and until you opt-out (or the Seals opt-out), as set forth below. You will be offered the opportunity to opt-out annually during an opt-out window which will be conveyed to you via email before the start of each season upon such date as determined by the Seals. PLEASE SEE SECTION 4(C) FOR DETAILS AND CONDITIONS.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER. THE ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR THE SEALS RESOLVE ANY CLAIM (UNLESS YOU REJECT IT IN ACCORDANCE WITH SECTION 10(N) BELOW).
These Season Ticket and Automatic Renewal Terms and Conditions (this “Agreement”) govern your purchase of tickets (each a “Ticket”) to certain home games (“Games”) of the San Diego Seals professional lacrosse team (which is owned and operated by SD Lacrosse, LLC, a Delaware limited liability company (together with the team, the “Seals”, “us”, or “we”)), which are played at the Pechanga Arena San Diego located at 3500 Sports Arena Blvd, San Diego, CA 92110 (the “Arena”), or at any other venue where a Seals home game may be played (an “Alternate Venue”), during the 2020-2021 season, and during each Seals season thereafter during the Term (as defined below) (subject to Section 4(C) below), as set forth in Section 4(A)-(B) below (the “Season Ticket Plan”). To the fullest extent permitted by law, this Agreement may be amended or modified by the Seals within its sole discretion at any time with or without notice to you, provided, that the Seals make such amended or modified Agreement available to you in writing. This Agreement governs the terms of your Ticket purchase regardless of the manner in which you have agreed to purchase the Tickets.
The term (“Term”) of this Agreement shall commence upon your acceptance hereof (which may include, without limitation, your clicking “I ACCEPT”), and, unless terminated earlier in accordance with the terms hereof, shall extend through the Seals 2020-21 season, and then shall automatically renew for each Seals season thereafter, subject to and in accordance with Sections 4(C)-(D) below.
You acknowledge and agree that (i) the amount paid by you in connection with a Seals 2019-20 season ticket plan, which is applicable to Games cancelled due to the coronavirus pandemic (such amount, the “Cancelled Game Value”), shall be applied by the Seals to the amount owed by you pursuant to your Season Ticket Plan for the 2020-21 season, and (ii) you shall receive no refund for such Cancelled Game Value. The Seals shall determine in its sole discretion what portion of the payments made by you in connection with a Seals 2019-20 season ticket plan are applicable to such cancelled games.
1. Revocable License. Each Ticket purchased as part of your Season Ticket Plan constitutes a revocable license. As a revocable license, each Ticket may be revoked at any time (including before or after the Seals actually deliver any Tickets) for any reason (including, without limitation, Preemption as defined in Section 4(A)) by the Seals, and, upon such revocation, the Seals shall not refund or credit the holder of the Ticket in the amount of the stated face value of the Ticket, or the portion of any discount allocable to that Ticket as a result of the Ticket having been purchased as part of a Season Ticket Plan. The Seals shall have no liability in connection therewith. The Seals’ right to revoke described in this section is in addition to the Seals’ right to terminate any Ticket or Season Ticket Plan, as set forth in Section 7. Use of any Tickets and attendance at any Game are also governed by (i) the terms and conditions that are set forth on the Ticket itself (the “Ticket Policies”), (ii) the Arena policies, and the policies of any Alternate Venue (as applicable), including (without limitation) security, alcohol, prohibited items, conduct, and cancellation and postponement policies (collectively the “Arena Policies”), and (iii) applicable law.
2. No Refunds. All sales of Tickets are final, and no refunds of payments or deposits for Tickets, or exchanges for Tickets, will be made unless otherwise specified in this Agreement.
3. Payment Authorization. In the event that you elect to pay for your Tickets in multiple installments, you authorize us, which includes, for the purposes of this Section 3, our service providers, agents, and other representatives, to charge the credit card account you have provided to us or any substitute credit card account you (or your financial institution) later provide to us (your “Card”) for each of the installment payments on or after the date payment is due as specified in the applicable invoice (including, without limitation, those issued in connection with a Playoff Offer (as defined in Section 4(B)), or any modified payment arrangement to which you and we may agree (the “Payment Authorization”). In the event that we make an error in processing a charge, you authorize us to initiate a credit or debit to your Card to correct the error. Additionally, you also authorize us to (i) charge your Card for any other amounts that are due and owing under this Agreement, including any late fee that you may owe, and (ii) reinitiate any charge to your Card that is unsuccessful.
We are not obligated to reinitiate any charge that is rejected, and we may terminate your Season Ticket Plan or revoke any Ticket(s) if a charge is rejected. You agree to update your Card information if it changes by contacting us at 619-375-3755. You represent and warrant that you are the owner or authorized user of your Card. You may cancel the Payment Authorization at any time by contacting us within such time as to allow a reasonable amount of time to process and act on your request. Canceling this Payment Authorization will not affect any obligation you may have under this Agreement. Each charge to your Card will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.
4. Pre-Season and Regular Season Games; Playoff Games; Automatic Renewal of Season Ticket Plans.
A. Pre-Season and Regular Season Games. The Tickets purchased as part of your Season Ticket Plan are for each National Lacrosse League (“NLL”) pre-season home game of the San Diego Seals (if any) (“Pre-Season Games”), each NLL regular season home game of the San Diego Seals (“Regular Season Games”), and the first NLL home playoff game of the San Diego Seals (if applicable) (the “First Home Playoff Game”), during each season during the Term. For the avoidance of doubt, nothing in the Tickets, a Season Ticket Plan, or this Agreement should be construed to create a right on the part of any holder of any Ticket or Season Ticket Plan to receive Tickets for League Special Events. For purposes of this Agreement, “League Special Events” includes games or events that are not Pre-Season Games, Regular Season Games, or the First Home Playoff Game, such as NLL All-Star games, NLL drafts, and international or neutral site games). Further, you acknowledge and agree that we and/or the NLL may, as determined in our or the NLL’s sole discretion: (i) cancel, postpone, reschedule, or relocate Games for any reason; or (ii) modify or discontinue, temporarily or permanently, any aspect of the rules, operations, and presentations of any NLL games and events (collectively, “Preemption”). You hereby waive and release any and all claims you may have against us or the NLL with respect to the Preemption of any game or event. In the event that you (or your designee) do not use your Tickets for any Regular Season Game, you may redeem such unused Tickets for tickets (of equal or lesser value) for another Regular Season Game during the same season, subject to availability.
B. Playoff Games. If you are in good standing under this Agreement and are not delinquent with regard to any amounts you might owe under the Season Ticket Plan, you may be provided with a written offer (the “Playoff Offer”) to purchase tickets for your Season Ticket Plan seats for Seals home playoff games following the First Home Playoff Game (“Additional Playoff Games”) (the “Playoff Offer”). The Playoff Offer will set forth the terms of the sale of Additional Playoff Game tickets that you may be eligible to purchase, including the location of the seats, the prices, deposits, and/or deadlines, all of which shall be determined by us in our sole discretion. If you purchase tickets pursuant to a Playoff Offer, you agree that we may charge your Card in accordance with the terms of the applicable Playoff Offer and the Payment Authorization set forth in Section 3. Unless the Playoff Offer provides otherwise or the Seals notify you otherwise, tickets to Additional Playoff Games shall be subject to the terms and conditions of this Agreement.
C. Automatic Renewal of Season Ticket Plans. Subject at all times to Section 4D, your Season Ticket Plan will renew automatically for the next season. Before the beginning of any subsequent season (typically during the months of April through June), we will send a renewal notice to you either via first class mail at your address on file, or email to the email address that you have provided to us, which will specify the dates and estimated amounts of the payments that are scheduled to become due and payable for the upcoming season’s Season Ticket Plan (“Renewal Notice”). You agree to promptly notify us of any updated phone number, address, and/or email address that should be used to contact you. The Renewal Notice may include terms that differ from the terms and conditions set forth in a previous Season Ticket Plan including, without limitation, different seat locations, different per-seat prices, the payment of a deposit, or terms that are different from the terms and conditions of any previous Season Ticket Plan. By choosing to not opt-out in the manner set forth in the Renewal Notice, you agree to be bound by such terms. If you do not wish to purchase Tickets for the upcoming season under the terms set forth in the Renewal Notice, you may opt-out of the automatic renewal at any time during the opt-out period specified by the Seals in the Renewal Notice by mailing written notification (including your account number and daytime telephone number) to the San Diego Seals at 7610 Hazard Center Drive, Suite 301, San Diego, CA 92108 (Attn: Seals Customer Service), via email to email@example.com, or in any other manner set forth in the Renewal Notice. The opt-out period will be set forth in the Renewal Notice. If you do not opt-out of the automatically-renewing Season Ticket Plan before end of the opt-out period as set forth in the Renewal Notice, you agree to purchase the Season Ticket Plan for the immediately following season under the terms of this Agreement and any applicable invoice by making the payments specified in the invoice in accordance with the Payment Authorization set forth in Section 3. You must cancel or opt-out of the automatically renewing Season Ticket Plan as set forth in this Section 4(B) in order for the opt-out to be effective and prevent your Card from being charged.
D. No Right to Renewal. We reserve the right to terminate or modify the automatic renewal of Season Ticket Plans at any time, for any reason. For the avoidance of doubt, nothing in the Tickets, the Season Ticket Plan, any Playoff Offer, or this Agreement should be construed to create a right on the part of any Season Ticket Member to renew a Season Ticket Plan or to purchase Tickets to seasons or games subsequent to the 2020-21 season. Any such purchase will be solely on the terms offered, which may include a different seat location, different per-seat prices, or terms that are different from the terms and conditions of this Agreement or the Season Ticket Plan.
5. Ticket Activation. If your account is delinquent with regard to any amounts you owe under the Season Ticket Plan as set forth in this Agreement and the applicable invoice, then the barcodes on the original Tickets you received may be voided, in which case the Tickets will not permit entry to the Arena or Alternate Venue (if applicable). In addition, if your account is delinquent, certain of your Tickets may be deactivated and you must go to the Box Office at the Arena during normal business hours, call the Seals ticket office at 619-375-3755 during normal business hours, or email firstname.lastname@example.org to cure the delinquency (should the Seals agree to allow this) and retrieve or reactivate your Tickets.
6. Late Fee. In the event that any installment payment is ten (10) or more days late, to the extent permitted by law, you agree to pay us a late fee equal to 5% of the unpaid amount or $10, whichever is less.
A. Generally. This Agreement may be terminated by the Seals, without notice, in the event that (1) you breach this Agreement, (2) you fail to pay any amount when due, (3) you or anyone using the Tickets engages in inappropriate or improper conduct or violates or breaches the Arena Policies or Ticket Policies, or (4) you or anyone using the Tickets violates applicable laws or regulations related to the Tickets or attendance at Games.
B. The Seals’ Rights Upon Termination. The Seals shall have no obligation to refund amounts already paid pursuant to your Season Ticket Plan, or any other payments already made pursuant to this Agreement or any applicable payment plan. If the Seals prevail in an action to enforce this Agreement, you will pay the Seals’ reasonable costs of collection, including attorneys’ fees and court or arbitration costs, to the extent permitted by applicable law.
C. Resale of Tickets. The Seals shall have no obligation to resell Tickets to your seats in the event of termination. If the Seals do resell Tickets to your seats, you shall remain liable to the Seals for the balance of all amounts due hereunder, as well as all reasonable costs (including, without limitation, reasonable attorneys’ fees and court or arbitration costs) incurred by the Seals arising out of the events giving rise to termination, provided, however, that the amount collected by the Seals in respect of reselling Tickets, less costs incurred in connection therewith, shall be applied to reduce your liability unless, at the time of the resale, there remains available for sale in the Seals’ inventory other seating in the nature of your seating (e.g. if you have lower level sideline seats and other lower level sideline seats are available).
8. Season Ticket Account.
A. Season Ticket Member of Record. Only the person named on the season ticket account on file with the Seals (the “Season Ticket Member” or “you”) may conduct transactions involving the Season Ticket Plan. The Seals retain the exclusive right to settle, in their sole discretion, any and all disputes concerning who is the Season Ticket Member.
B. Transfers. At the Seals’ sole discretion and approval, a Season Ticket Member may transfer the Season Ticket Member’s Season Ticket Plan. To transfer a Season Ticket Plan, the Season Ticket Member must send a written request to the Season Ticket Member’s account representative at 7610 Hazard Center Drive, Suite 301, San Diego, CA 92108 or by email to email@example.com.
C. Third Party Payments. A third party may make payments in connection with your Season Ticket Plan. Such payment does not establish any rights or benefits for such third party to the Season Ticket Plan, the Seals, or any other aspect related to the Season Ticket Plan or Tickets.
A. Reservation of Rights. The Seals expressly reserve the right to unilaterally (to the extent permitted by law): (i) modify any Ticket Policy (and the Arena and Alternate Venues may change the Arena Policies at any time and for any reason); (ii) modify any of the terms and conditions of this Agreement, Ticket prices, or other policies, playoff terms and conditions, and terms of purchase for subsequent seasons at any time and for any reason; and (iii) apply changes differently to different persons or entities, including any person who resells or offers for resale Tickets (whether licensed to do so or not).
B. Notices and Requests. All notices and requests relating to your Season Ticket Plan (including change of address) must be provided in writing by the Season Ticket Member to the Seals and sent to the attention of Seals Customer Service at 7610 Hazard Center Drive, Suite 301, San Diego, CA 92108 or firstname.lastname@example.org. All correspondence should include the Season Ticket Member’s account number, daytime telephone number, and full legal name as it appears on the Season Ticket Member’s account.
C. Waiver; Remedies. Time is of the essence with regard to payments, automatic renewal opt-outs, and the acceptance or rejection of a Playoff Offer. No failure or delay by the Seals to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy in case of a breach of this Agreement, shall constitute a waiver of any breach or any subsequent breach of such term.
D. Governing Law. Except as set forth to the contrary in the Arbitration Provision, any claim, dispute, or controversy arising from or relating to this Agreement, whether based in contract, tort, fraud, or otherwise and regardless of the place of your residence, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to California conflict of laws principles.
F. Prohibited Items. For the comfort and safety of all patrons, some items are not permitted inside the Arena. Please visit https://pechangaarenasd.com/plan-your-visit/rules-policies/ to see what items are prohibited. If you have any questions, you can email email@example.com.
G. Prohibitions on Resale of Tickets.
i. Resale or attempted resale of any Ticket on the property of the Arena is prohibited, unless specifically authorized or endorsed by the Seals, and is grounds for seizure and cancellation of such Ticket without refund or compensation. Such action may also result in revocation of your Tickets and termination of your Season Ticket Plan, without refund to you.
ii. Resale and trade activity may be monitored and tracked by the Seals. In the event that the Seals determine that you have purchased a Season Ticket Plan for the primary purpose of re-selling Tickets on the secondary market as a business, the Seals reserve the right to terminate this Agreement upon written notice to you. In the event your Season Ticket Plan is terminated for this reason, the Seals will provide you with written notice of such election and will refund any pre-paid portion of the amount owed under the Season Ticket Plan for which you have not received a benefit. However, and without limiting any of the Seals’ rights or remedies in connection with any such breach, you shall be obligated to pay (and the Seals may retain) that portion of the amount owed under the Season Ticket Plan which relates to Games which occurred before exercise of these termination rights.
H. Risks Assumed/Waiver of Liability. By purchasing a Season Ticket Plan, you voluntarily assume all risks and dangers incident to attending a Game whether such risks and dangers occur before, during, or after the Game. Such risks and dangers include, but are not limited to, damage to personal property and injury or death as may be caused by or related to lacrosse balls, lacrosse sticks, lacrosse equipment, promotional items, and other projectiles. You agree that the Seals, the Arena (including any management), any Alternate Venue, the NLL, the City of San Diego, and their respective agents, representatives, employees, owners, partners, officers, directors, contractors, trustees, and related entities are not responsible for any such risks and dangers, and, to the fullest extent permitted by law, you hereby release the foregoing entities and individuals from same. In no event shall the parties listed in this Section 9(H) be liable for consequential or indirect damages.
I. Accessible Seating. For information on accessible seating at the Arena please visit https://pechangaarenasd.com/plan-your-visit/venue-accessibility/ and https://pechangaarenasd.com/accessible-seating-guide/ or contact the Seals at firstname.lastname@example.org. For more information on accessible seating at Alternate Venues, please email email@example.com.
J. Other Terms. The rights given to the Seals in this Agreement are in addition to any other rights under law. The terms of this Agreement should be read carefully because only those terms in writing are enforceable. Terms or oral promises not contained in this Agreement will not be legally enforced.
K. Severability. If any clause within this Agreement is found to be illegal or unenforceable, that clause will be severed from the Agreement, and the remainder of this Agreement will be given full force and effect.
10. Arbitration Provision. YOU AND THE SEALS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR ARISING FROM ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS ARBITRATION PROVISION. Unless you have exercised or exercise your right to reject arbitration under subsection (N) below, the following Arbitration Provision will apply:
A. General. This Arbitration Provision (“Arbitration Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and the Seals. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Either you or we may elect to arbitrate or require the other party to arbitrate any Dispute (as defined below) under the following terms and conditions. If you or we elect to arbitrate a Dispute, neither you nor we will have the right to: (i) have a court or a jury decide the Dispute; (ii) participate in a class action in court or in arbitration, either as a class representative or a class member; (iii) act as a private attorney general in court or in arbitration; or (iv) join or consolidate your Disputes(s) with claims of any other person. The right to appeal and the right to pre-arbitration discovery are more limited in arbitration than in court. Other rights that you would have if you went to court may also not be available in arbitration.
B. Definitions. The following definitions apply to this Arbitration Provision, even if terms defined in this Arbitration Provision are defined differently elsewhere in this Agreement:
(i) “We,” “us”, and “our” mean the San Diego Seals and SD Lacrosse, LLC, collectively with the parents, subsidiaries, affiliates and successors of such companies, as well as the officers, directors, agents and employees of any of the foregoing. These terms also include any party named as a co-defendant with us in a Dispute asserted by you, such as (without limitation) marketing companies, servicers, and debt collectors. “You,” “your” and “yours” include each and every purchaser and user of the Tickets.
(ii) “Dispute” means any claim, dispute or controversy between you and us that in any way arises from or relates to the Tickets or this Agreement, including, without limitation, disputes arising from actions or omissions prior to the date of this Agreement. “Dispute” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud, other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, it does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver, the final sentence in subsection (J) under the caption “Survival, Primacy, Severability” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. Dispute also does not include: (1) any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court; (2) the exercising of any self-help rights by you or us; or (3) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind. The institution and/or maintenance of any such right, action, or litigation will not constitute a waiver of the right of either of the parties to compel arbitration regarding any other dispute subject to arbitration pursuant to this Arbitration Provision.
C. Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give the Seals an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the San Diego Seals at 7610 Hazard Center Drive, Suite 301, San Diego, CA 92108. That written notification must include (i) your name, (ii) your address, (iii) a written description of your Dispute, and (iv) a description of the specific relief you seek. If the Seals do not resolve the Dispute within forty-five (45) days after receiving your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
D. Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or the Seals may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, and may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT OR PURCHASE A SEASON TICKET PLAN IN FULL OR PURSUANT TO A PAYMENT PLAN (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to the San Diego Seals, Legal Department, 7610 Hazard Center Drive, Suite 301, San Diego, CA 92108. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Seals through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with the Seals or any of its affiliates. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your Dispute in arbitration or small claims court.
E. Arbitration Procedures. If this Arbitration Provision applies and the Dispute is not resolved as provided above in Section 10(C) (“Pre-Arbitration Claim Resolution”), either you or the Seals may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision. The arbitration shall be conducted in a confidential manner and shall not be disclosed to any third party, except to the NLL and its member clubs (as necessary) and to the parties’ legal and other advisors, except to the extent required by law.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Terms and the Season Ticket Plans concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
F. Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
G. Location of Arbitration. You or the Seals may initiate arbitration in San Diego, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, the Seals may transfer the arbitration to San Diego, California, in the event that they agree to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
H. Payment of Arbitration Fees and Costs. Each party will equally share all arbitration filing fees and arbitrator’s costs and expenses. You are responsible for your own costs including attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
I. Class Action Waiver. Except as otherwise provided in this Arbitration Provision, the arbitrator may not consolidate more than one individual’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action), unless both you and the Seals specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Season Ticket Plan, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable, and the Dispute will be decided by a court.
K. Survival. The Arbitration Provision set forth herein shall survive termination of your Season Ticket Plan.