LIGHTNING ‘STM’ TERMS AND CONDITIONS
The following terms and conditions are applicable to all Tampa Bay Lightning Season Ticket
Members (STMs). For purposes of these Terms, and, as applicable, the Terms outlined in the
2016-2017 Lightning Ticket Agreement (the “Agreement”) entered into by and between you (the
STM) and Tampa Bay Arena, L.P., acting as authorized agent of Lightning Hockey LP
(collectively, the “Tampa Bay Lightning”), “STM” is defined as any individual or corporate entity
that agrees to purchase a (i) full-season package, a (ii) half-season package, and/or a (iii) 10game pack. Any undefined terms used herein shall have the meaning ascribed to them in the
Agreement.
You, the STM, acknowledge and agree to the following:
1. All sales are final; No Refunds or Exchanges: STMs are not entitled to any refunds,
exchanges, or cancellations on their STM account (“Account”), including, without
limitation, in the case of inability of or failure by STM to use any or all of the tickets.
Payments must be timely made on or before the agreed upon Payment Plan dates.
Delivery of tickets shall be made by September 20 prior to the applicable hockey season,
and only upon receipt by the Tampa Bay Lightning of full payment of all monies currently
due in connection with the applicable STM Account. For STMs that are set-up on
installment Payment Plans: in the event that such STM fails to timely make any required
payments, the Tampa Bay Lightning reserve the right to either (a) withhold your tickets
for upcoming games until such time as payment is made and the Account is in good
standing, or (b) terminate your Account, with any payments made prior to the termination
date forfeited by STM.
2. Revocable License: Each ticket featured as part of a STM package is a revocable
license issued by the Tampa Bay Lightning to the individual or the corporate entity
listed on the STM Account of record. Breach of any of these Terms shall entitle the
Tampa Bay Lightning to all legal remedies available to it, including, without limitation,
revocation or cancellation of the applicable STM Account. The Tampa Bay Lightning
reserve the right to refuse to sell tickets to any individual or to any entity for any lawful
reason.
3. STM Payment Plan Terms: the following terms, as outlined in the Agreement, are
applicable to each STM Account wherein four (4) or more installment payments are
scheduled and they are restated here for your convenience:
I, the undersigned, hereby authorize Tampa Bay Arena, L.P. ("TBA"),
acting as agent for the Tampa Bay Lightning, to process payment of my
account balance according to my payment plan election outlined above
(the "Payment Plan"). I further authorize TBA to automatically charge
my credit card or debit card, per the terms and conditions of this
Agreement, in order to process the Payment Plan. I agree that no prior
notification will be provided unless the date or amount of the payment
changes, in which case notice will be provided a minimum of 10 days in
advance of the payment.
I understand that if I cancel this
authorization, such cancellation does not relieve me of my payment
obligations under this Agreement (please contact your financial
institution regarding your right to cancel automatic payments).
This constitutes your copy of the recurring payment
authorization to TBA. Please retain a copy for your records.
* This Agreement and the Payment Plan are subject to the terms
of the Truth in Lending Act (TILA). I hereby acknowledge my
awareness that (i) I am not being assessed a finance charge for
participating in the Payment Plan; (ii) the Balance is not subject
to any assessed interest; (iii) I am not subject to any prepayment penalty for paying the Balance in advance of the
designated Payment Plan dates; and (iv) Late Payment Plan
payments are subject to the Terms. I hereby further acknowledge
that I have been provided with all necessary information relating
to the purchase of the Tickets and my participation in the
Payment Plan, and that TBA has my express authorization to
process payment of the Balance and the Payment Plan as
outlined above. Should I have any questions regarding my rights
under TILA as it relates to this transaction, I have been advised
that I may contact TBA's Legal Department.
4. Partial Payment: STM acknowledges that partial payment of the STM Balance or use of
any of the Account tickets indicates acceptance of these Terms and constitutes a legal
obligation on the part of STM to remit the entire Account Balance. Any partial payments
received by the Tampa Bay Lightning or any of its affiliates are not refundable. The
Tampa Bay Lightning reserve the right to charge a processing fee in the event that an
authorized charge is refused by STM’s financial institution for any reason. In the event
that the Tampa Bay Lightning (or any of its affiliates) incur any fee/expense associated
with the collection of any outstanding Account Balance from STM, STM shall be liable for
all such expenses (including, without limitation, attorney’s fees, court costs, and collection
agency fees) incurred by the Tampa Bay Lightning or its affiliates.
5. Resale Limitations: The Tampa Bay Lightning acknowledge that STM may not be able
to use each of the tickets in their STM Account. STM acknowledges that the spirit of
being a part of the STM ‘club’ is not to generate financial gain or benefits for STM, but
rather is rooted in a desire to support the Tampa Bay Lightning. As such, STM
acknowledges that his/her resale and/or trade activity may be monitored and tracked by
the Tampa Bay Lightning, and, in the event that STM sells, attempts to sell, or engages a
third party to sell on his/her behalf a majority of the Account tickets, the Tampa Bay
Lightning reserve the right to cancel the STM Account (the “Resale Breach Termination
Right”). In the event that the Tampa Bay Lightning elects to exercise its Resale Breach
Termination Right, the Tampa Bay Lightning will provide STM with written notice of such
election, and, as applicable, (i) issue STM a full refund for any unplayed Lightning games
encompassed within the applicable STM Account that STM has paid for, or (ii) relieve
STM of its obligation to pay the Balance as it relates to any unplayed Lightning games
(STM shall remain obligated to satisfy any portion of the Balance that relates to any
Lightning games that predate the date of Account termination/suspension). Following the
exercise of the Resale Breach Termination Right by the Tampa Bay Lightning, the Tampa
Bay Lightning shall have no further obligation to STM, whether under the Agreement or
otherwise (including, without limitation, forfeiting any interest in any playoff tickets).
6. Right to Suspend or Terminate STM Rights for Cause: The Tampa Bay Lightning
reserve the right to suspend or cancel a STM’s privileges (including refusal by the Tampa
Bay Lightning to honor any Account tickets) for reasonable cause. For purposes of these
Terms and any accompanying ticket purchase Agreement, “reasonable cause” shall
include, without limitation, failure to timely remit Account payments and/or a violation of
these Terms.
7. Renewal Option; Relocation Election: Provided that the STMs Account is in ‘good
standing’, STM shall have the opportunity, subject to the terms and conditions imposed
herein and/or in any targeted formal communication from the Tampa Bay Lightning, to (i)
renew their STM Account seats (the “Renewal Option”) and (ii) participate in a ‘relocation
election’. In order to participate in the Renewal Option, STM must timely (i) communicate
(in writing) their desire to renew their Account seats to their designated Account
representative (subject to any deadlines imposed by the Tampa Bay Lightning), (ii) pay
the initial payment installment, and (iii) not otherwise be in default. Following timely
renewal by STM, STM shall have the option to participate in a Relocation Election
wherein STM may, subject to STM’s priority ranking, elect to relocate, increase, or
otherwise modify their Account seats (a decrease in seats on the Account is not
permitted and is not included within the Relocation Election). The Tampa Bay Lightning
covenants to use good faith in establishing the priority ranking and in executing the
Relocation Election. Notwithstanding the foregoing, STM hereby acknowledges that the
Tampa Bay Lightning, at its discretion, reserve the right to modify, alter, or otherwise
cancel the Relocation Election program and/or to restrict the inventory available for the
Relocation Election.
8. Transfer of Account: Except in the case of a transfer to an immediate family member
(defined hereunder as a spouse, father, mother, son, or daughter), STMs do not have the
right to transfer their STM Account seats to another individual or entity. In the event that
STM desires to transfer their Account to another individual or entity, STM shall submit a
written request to the Tampa Bay Lightning for consideration by the Tampa Bay
Lightning. The determination of whether to grant, withhold, condition, or deny the request
may be made at the discretion of the Tampa Bay Lightning. In the event that such a
transfer is granted, STM shall comply with all reasonable procedures required by the
Tampa Bay Lightning to effectuate the transfer. Notwithstanding the foregoing
restrictions, a STM may, under the following limited circumstances and following receipt
of a written request by the Tampa Bay Lightning from STM, modify the name on the
Account following: (i) a legal name change; (ii) a change in marital status; (iii) a change of
the legal business name of the business listed on the Account; (iv) dissolution of the
business listed on the Account; (v) sale of the business listed on the Account; (vi) or
death of the STM of record on the Account (each, a “Justified Account Name Change”).
In order to facilitate a Justified Account Name Change, the Tampa Bay Lightning may
require reasonable proof from the STM (e.g., in the case of a legal name change, STM
may be required to furnish documentation from the Social Security Administration
evidencing such formal name change).
9. ADA Accessible Seating: Subject to applicable law, STM acknowledges that he/she
may be required to represent and warrant to TBA in writing that ADA accessible seating
is legitimately warranted.
10. No Right to ‘Split’ Account: STM is expressly prohibited from ‘splitting’ the Account
seats so in as to capitalize on promotional initiatives or offers from the Tampa Bay
Lightning or any of its affiliates or related entities.
11. Eliminated Seats; Relocation Offer: In the event that any seats featured in any STM
Account are eliminated from the Tampa Bay Lightning’s available ‘to be sold’ inventory
(for instance, due to any Arena renovations or any seat layout restructuring mandated by
the NHL), or in the event that any such STM seats otherwise become unavailable due to
any reason other than bad faith on the part of the Tampa Bay Lightning (a “Dislocated
STM”), the Tampa Bay Lightning shall offer such Dislocated STM an option to relocate
the impacted STM seats to another available location in the Arena (the “Relocation
Offer”). Following receipt of a Relocation Offer from the Tampa Bay Lightning, the
Dislocated STM shall have seven (7) calendar days to respond to the Tampa Bay
Lightning with its election (either to accept the Relocation Offer or to reject the Relocation
Offer). In the event that the Dislocated STM elects to accept the Relocation Offer, the
parties shall finalize the terms of such new STM account seats and the Dislocated STM
shall be responsible for any additional cost associated with the new seats (e.g., if the new
seats are an upgrade in location from the original seats, the Dislocated STM shall be
responsible for such upgrade charge). In the event that the Dislocated STM elects to
reject the Relocation Offer, the Tampa Bay Lightning shall, within fourteen (14) calendar
days of receipt of such rejection notice from the Dislocated STM, issue the Dislocated
STM a full refund for the value of the unused tickets on the affected STM Account. STM
hereby agrees and acknowledges that its exclusive remedy in the case of a dislocation as
outlined in this Section 10 shall be the Relocation Offer, and, as applicable, a refund of
any monies paid by such Dislocated STM in connection with the dislocated/eliminated
seats.
12. Lightning Playoffs: In the event that the Tampa Bay Lightning qualify for the NHL
playoffs, tickets to any such playoff home games are at an additional cost above and
beyond the STM Account fees for the regular-season. The Tampa Bay Lightning will
communicate playoff ticket options (and the corresponding pricing structure) to each STM
prior to the end of the then-current regular-season. STM shall have a designated
response time to either accept or reject the offered playoff tickets (the “Acceptance
Deadline”). In the event that STM does not timely accept the playoff ticket offer, the
Tampa Bay Lightning shall have no further obligation to STM in connection with such
playoff tickets and the Tampa Bay Lightning may, at its discretion, sell the tickets to a
third party. It is further understood that: (i) all playoff tickets will be sold to STMs on a
‘complete package’ basis only (meaning, STMs will be required to purchase the tickets
for each home playoff game and will not have the ability to purchase single game tickets
via the STM program); (ii) STMs will be charged only for the number of games that are
played each round (e.g., if only 2 home games are played in round 2, STM will be
charged for 2 games that round); (iii) playoff fees are due in accordance with invoice
terms. The Tampa Bay Lightning reserve the right to require payment in-full for any
playoff tickets prior to the start of the playoffs.
Full-Season STMs will be provided with a first right of refusal to purchase their regularseason seat locations for each playoff home game (same quantity, same location). In the
event that such Full-Season STM desires purchasing the playoff tickets, STM shall timely
comply with the Acceptance Deadline. Half-Season STMs will be provided with a first
right of refusal to purchase playoff tickets for each home playoff game (same quantity as
the number of regular-season tickets purchased by STM), precise seat location to be
determined based upon (i) STM’s tenure as a STM and (ii) the Tampa Bay Lightning’s
then-current available inventory. In the event that such Half-Season STM desires
purchasing the offered playoff tickets, STM shall timely comply with the Acceptance
Deadline. Ten-Game Plan STMs will be provided with a first right of refusal to purchase
playoff tickets for each home playoff game (same quantity as the number of regularseason tickets purchased by STM), precise seat location to be determined based upon
the Tampa Bay Lightning’s then-current available inventory. In the event that such TenGame STM desires purchasing the offered playoff tickets, STM shall timely comply with
the Acceptance Deadline.
13. Assumption of Risk & Release of Liability: STM recognizes and acknowledges that
his/her admission to Amalie Arena (the “Arena”) is voluntary and may result in personal
injury and/or property damage (including death). STM assumes all risks incidental to
his/her attendance at the game/event, including, without limitation, the risk of personal
injury (whether caused by pucks, sticks, other objects, or other persons/patrons) and/or
the risk of lost, stolen, or damaged property, whether such risk occurs prior to, during, or
subsequent to the applicable game/event. STM agrees that (i) Lightning Hockey LP, (ii)
Tampa Bay Arena, L.P., (iii) the City of Tampa, (iv) Hillsborough County, (v) the Tampa
Sports Authority, (vi) the Arena Football One League, LLC, (vii) the National Hockey
League (NHL), (viii) the member clubs of the NHL, (ix) NHL Enterprises, L.P., (x) the NHL
Players’ Association, (xi) current and former NHL players and personnel, and (xii)
Strategic Property Partners, LLC, and each of the foregoing entities’ respective affiliates,
parents, related entities, owners, governors, officers, directors, partners, principals,
attorneys, employees, and agents are expressly released by STM from any and all claims
arising from or relating to such causes or otherwise occurring at or in connection with an
Arena event.
14. Fan Behavior: Any STM or ticket holder that behaves in an unruly or disruptive manner
at the Arena, including, without limitation, aggressive of foul language, intoxication, or
physical or verbal abuse of Arena employees, other fans, game officials, players, or
coaches either during, before, of after a game may be asked to leave the Arena. In the
event that a STM (or any individual to whom STM has given/sold his tickets) engages in
such unruly behavior, the Tampa Bay Lightning reserve the right to terminate the
applicable STM Account without refund or other compensation to the STM of record, in
accordance with these Terms and NHL policy.
15. Use of Image: The Tampa Bay Lightning, TBA, the NHL, each of their respective related
entities and agents, sponsors, and licensees shall have the unrestricted right and license
to use the image, likeness, name, voice, comments, or other proprietary or public rights
of STM and any minor accompanying STM, in any broadcast, telecast, photograph,
video, audio sound, audiovisual feature and/or other recording taken at the Arena or in
connection with any event being presented at the Arena, for all purposes, worldwide and
in perpetuity, and in any and all media, whether now known or hereinafter developed,
without compensation to STM or any minor accompanying STM.
16. STM Conduct Restrictions: By use of any STM Account ticket, STM agrees that (i) he
or she will not transmit (or aid in transmitting) any information about the game/event to
which STM is granted admission, including, but not limited to, any account, description,
picture, video, text, audio, reproduction, or other information concerning the event, the
Arena, the Lightning, or TBA (collectively, the “Event Information”); (ii) The Tampa Bay
Lightning, the National Hockey League (NHL), TBA, and any featured corporate
sponsor/partner, each as applicable, shall be deemed the exclusive owner of any and all
copyrights and other proprietary rights in the Event Information; (iii) STM Account tickets
may not be used for advertising, promotion (including contests and sweepstakes), or
other commercial purposes without the prior written consent of the NHL and/or the
Tampa Bay Lightning, as applicable; (iv) the Arena is a smoke-free environment; (v)
bottles, coolers, and storage containers of any kind are not permitted into the Arena and
may be confiscated STM (and any guests accompanying STM) is subject to the rules and
policies of the Arena (located at www.tampabaylightning.com), as they may be modified
from time-to-time, without notice.
17. No Liability for Financial Damages to STM: Under no circumstance shall the Tampa
Bay Lightning (or any of its affiliates or related entities) be liable to STM (or any of its
agents or assigns) for any indirect, special, or consequential damages of any kind
resulting from the Tampa Bay Lightning’s alleged breach of these Terms or any
corresponding Agreement.
18. Reservation of Rights: The Tampa Bay Lightning reserve the right, in their sole
discretion, to amend, revise, update, or modify any policies, pricing, or procedures
relative to STM accounts upon notice to the STM of record.
Any violation of these Terms shall be cause for suspension or termination of the STM
Account by the Tampa Bay Lightning. Following any such suspension or cancellation by
the Tampa Bay Lightning, the Tampa Bay Lightning may, at its discretion, reassign the
STM Account rights without further obligation to the original STM. Notwithstanding the
foregoing, STM shall remain liable for any outstanding financial obligations associated
with the STM Account.
RECURRING PAYMENT PLANS AND ‘BOLT FOR LIFE’ MEMBERSHIP
If you have elected to participate in (i) a ‘Bolts for Life’ annually-recurring
authorization/payment plan OR (ii) a standard STM renewal payment plan that features
four (4) or more installment payments, the following terms are applicable to you:
SEASON TICKET MEMBER (STM) RECURRING PAYMENT AUTHORIZATION (applicable to
all payment plans (inclusive of the ‘Bolt for Life’ plan) that feature 4 or more installment
payments).
I, the undersigned, hereby authorize Tampa Bay Arena, L.P. and/or Lightning Hockey LP
(together, the “Tampa Bay Lightning”) to process payment of my account balance (as outlined by
my payment plan election, outlined above) (the “Payment Plan”). I further authorize the Tampa
Bay Lightning to automatically charge my credit card or debit card, per the terms and conditions
of this Agreement and the terms listed at www.lightning.com/STMterms (the “Terms”) in order to
process the Payment Plan. I agree that no prior notification will be provided unless the date or
amount of the payment changes, in which case notice will be provided a minimum of ten (10)
days in advance of the payment being initiated/processed by the Tampa Bay Lightning. Unless
expressly stated otherwise herein (e.g., ‘Bolt for Life’ cancellation options), I understand that a
cancellation of this authorization does not relieve me of my payment obligations under this
Agreement (please contact your financial institution regarding your right to cancel automatic
payments). This constitutes your copy of the recurring payment authorization to the Tampa Bay
Lightning -- please retain a copy for your records.
‘BOLT FOR LIFE’ AUTHORIZATION
In addition to acknowledging the above, I, the undersigned, understand that by selecting the ‘Bolt
for Life’ membership plan (above), and by signing below to confirm my selection, I am expressly
granting authorization to the Tampa Bay Lightning (defined above) to, in accordance with this
Agreement and the Terms, charge my credit/debit card for my annual ‘Bolt for Life’ membership
dues (such dues include my designated Lightning tickets, outlined above). Unless either party
(STM of record or the Tampa Bay Lightning) provide written notice of cancellation (such
cancellation may be for any reason or for no reason at all) to the other party on or before
st
March 1 of each successive calendar year (the “Non-Renewal Notice”), I acknowledge
that my ‘Bolt for Life’ membership will automatically renew for the following Lightning
season (e.g., failure to provide the requisite notice of cancellation by March 1, 2017 will result in
my membership being renewed for the 2017-2018 season). I further understand that my ‘Bolt for
Life’ membership may be cancelled by me at any time throughout the year/season by providing
the Tampa Bay Lightning with a minimum of thirty (30) days’ written notice of such intent to
terminate (the “Notice”, together with the Non-Renewal Notice, the “Requisite Notice”). The
Requisite Notice may be delivered by (a) U.S. mail, certified return receipt requested or (b) inperson at Amalie Arena. Upon cancellation of my ‘Bolt for Life’ membership, I will no longer be
obligated to remit any future Payment Plan payments, but I shall not be entitled to any refund for
any Payment Plan installment payments made prior to the effective date of cancellation. The
foregoing payment authorization shall remain in effect for so long as my ‘Bolt for Life’ membership
remains in effect. I understand that the Tampa Bay Lightning reserve the right, upon the delivery
of written notification to me, to modify my Payment Plan, including, without limitation, amending
pricing schedules for future seasons and/or to terminate my participation as a ‘Bolt for Life’
member. Playoffs: Lightning playoff tickets are not included in the ‘Bolt for Life’ annual
membership fee and will be at a cost above and beyond the Payment Plan schedule. Please refer
to the Terms for additional details.
[END OF TERMS]