AUSTIN FC SEASON TICKET MEMBERSHIP TERMS AND CONDITIONS
BY ENROLLING IN AN AUSTIN FC SEASON TICKET MEMBERSHIP (“MEMBERSHIP”) AND UPON REMITTING ANY FULL OR PARTIAL PAYMENT TOWARD YOUR ANNUAL MEMBERSHIP DUES, OR BY ACCEPTING DELIVERY OF YOUR TICKETS AND MEMBERSHIP BENEFITS, YOU ACKNOWLEDGE RESPONSIBILITY FOR PAYMENT OF THE FULL ANNUAL MEMBERSHIP FEES AND ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, SUBJECT TO ANY AMENDMENTS MADE FROM TIME TO TIME, FOR SO LONG AS YOUR MEMBERSHIP REMAINS IN EFFECT:
Membership Benefits; Admission Tickets to Included Matches and Other Austin FC Events. The cost of Membership includes admission ticket(s) for the seat(s) you purchased, as identified in the communication from Austin FC confirming your Membership (“Membership Confirmation”) and on the tickets delivered to you, for the following Austin FC matches held at Q2 Stadium (“Stadium”): every Major League Soccer (“MLS”) regular-season home match, potentially up to one (1) friendly match, up to two (2) Leagues Cup matches excluding semifinal and final matches, up to two (2) US Open Cup matches excluding semifinal and final matches, and up to two (2) CONCACAF Champions League matches (or its equivalent successor) excluding semifinal and final matches, per year (collectively, “Included Matches”). In addition, each year, your Membership will include an opportunity to purchase tickets to the following potential Austin FC matches held at Stadium: MLS playoff matches (not including MLS Cup) and any Leagues Cup, US Open Cup, and/or CONCACAF Champions League matches beyond those included in the Included Matches (collectively, “Other Austin FC Events”). If Other Austin FC Events are hosted at Stadium, you will be automatically charged the rates established by Austin FC (and/or MLS or the applicable tournament organizer) for the applicable event for the same or similar seats provided to you for Included Matches, unless you timely opt out during an appropriate opt-out window established by Austin FC (and/or MLS or the applicable tournament organizer). Austin FC will notify you of eligible Other Austin FC Events prior to automatically charging you for such events, and the notice will identify the fees, seat locations, and opt-out window. If you timely opt out of the Other Austin FC Event, you will not be charged for that event, your seats will be released for that event, and your Membership status will not otherwise change. If your Membership is in good standing, Austin FC may contact you regarding additional special-event ticket-purchase opportunities beyond Included Matches and Other Austin FC Events that are not otherwise included in your Membership. If your Membership includes additional amenities, such as access to hospitality areas, complimentary food and beverage, and/or parking, your Membership Confirmation will identify these benefits. See also the applicable amenities provisions below at the end of these terms and conditions. If you have any questions about your Membership benefits, please call Austin FC Membership Services at (512) 572-8932.
AUTOMATIC MEMBERSHIP RENEWAL: For all Membership payments, your payment authorization shall remain in effect for so long as your Membership remains in effect. Provided your Membership account is in good standing, your Membership shall be automatically renewed annually (or biennially, if your Membership includes seats in the Lexus Club and you selected the Price-Protection Term, as defined in the following paragraph), in accordance with the payment plan you selected (i.e., paid-in-full, six (6) monthly installments, or, as applicable with certain premium ticket products, nine (9) monthly installments), until such time as you choose to opt-out of your Membership. You understand that Austin StadCo LLC and/or Austin TeamCo LLC (collectively, “Austin FC”) reserves the right, upon written notification, to modify Membership fees and/or terms and conditions for future years. You will be notified of the Membership fees for each subsequent year in the current Membership year. Upon such notification, you will have thirty (30) days to opt out of your Membership for subsequent years (the “Opt-Out Window”). Such notice will provide instructions for you to opt out of your Membership via an online or telephone method that will be available during the Opt-Out Window. If you do not opt out during the Opt-Out Window, you forfeit the right to cancel your Membership for the upcoming year, and you will be charged any remaining Membership dues. If you timely opt out of the Membership for future years, you shall have no obligation for any future scheduled payment beyond the current Membership year, and in the unlikely event that you have any additional credit remaining on your account for beyond the current Membership year, then such credit shall remain on your account to be applied toward the purchase of tickets to mutually agreed upon events at Stadium within the current or following calendar year. For purposes of clarity, this automatic renewal provision does not apply to fixed-length, multiyear Membership Agreements.
Lexus Club Price Protection. If your membership includes seats in the Lexus Club and you agreed to a two- (2-) year Membership commitment (“Price-Protection Term”), then your Membership fees will not increase by more than two percent (2.0%) in the second year of the Price-Protection Term. The Opt-Out Window for a Price-Protection Term will occur in the second year of the Price-Protection Term, whereupon you will be notified of the Membership fees for the subsequent Price-Protection Term, and you will have thirty (30) days to opt out of your Membership for future years or otherwise opt out of the Price-Protection Term and opt in to an annually auto-renewing Membership.
Payment Authorization. You understand that by enrolling in a Membership, you authorize Austin FC to charge your credit or debit card on file (or withdraw from your bank account on file via an ACH electronic funds transfer, if you so elect) for the fees due for your Membership. You further understand that if you choose an installment payment plan that any subsequent installment charges will be made to your authorized card/account in association with the payment schedule on the fifteenth (15) day of each designated month until your annual Membership fees are paid in full. You hereby warrant that you have the authority to authorize charges to the listed account for your Membership. You further agree that Austin FC is not liable in any way for erroneous billing statements or incorrect charges and that should such an error occur in billing, you will notify Austin FC so that Austin FC can use commercially reasonable means to correct the error, if any, and you authorize Austin FC, if necessary, to electronically credit your account to correct erroneous debits.
Declined Payments. You acknowledge that if any credit/debit card or bank account information provided in connection with your Membership changes or must be replaced, you will promptly notify Austin FC, and this authorization will remain in effect for the new account information. Declined or expired payment methods also will need to be updated in order to take advantage of any additional ticket-purchase opportunities, including Other Austin FC Events. Under all payment plans, all payments are due on the dates specified regardless of match cancellations or rescheduling. Refunds or exchanges in such events will be handled under Austin FC’s standard ticket policies and these terms and conditions. Failure to continue scheduled payments in the event of cancelled or rescheduled matches may subject your Membership to cancellation, including tickets or electronic tickets that have already been issued for future events. Austin FC reserves the right to charge a processing fee in the event a charge is refused for any reason. Any monetary obligation in connection with your Membership that is not paid to Austin FC may bear interest accruing from such date at the rate of one and a half percent (1.5%) per month, or the maximum rate permitted by law from time to time if 1.5% exceeds such maximum rate.
Rights Reserved. Austin FC reserves the right in its sole discretion to amend, update, or modify policies and procedures relative to the Membership program upon notice to you.
Non-Transferability. Membership accounts and/or account numbers are not transferable from one person or entity to another without the express written consent of Austin FC, and any such approval shall be at Austin FC’s sole discretion. The name under which an account has been purchased may not be changed, with the following exceptions: legal name change, change in marital status, change in business name, sale of business, or death of account holder (if you are an individual) resulting in a requested transfer to another family member. All requests for account information changes must be submitted to Austin FC in writing.
Revocable License. Austin FC Memberships include season tickets, which are owned by Austin FC. The Membership (and any attributed ticket(s)) is a revocable license issued by Austin FC to the individual or corporate entity name that appears on the account of record. Violation of these terms and conditions, violation of Rules and Regulations (defined below) including any applicable fan code of conduct such as the MLS polices currently available at www.mlssoccer.com/fan-code-of-conduct, illegal or unauthorized reselling of tickets in violation of ticket policies of Austin FC or its vendor(s), and/or repeated non-use of tickets following notice thereof shall entitle Austin FC to all available legal remedies, including but not limited to revocation or cancellation of your Membership and cancellation of tickets or electronic tickets that have already been issued for future events.
Security Procedures. You agree that admission to Stadium events may involve security procedures and that, upon entry, your belongings may be searched and that prohibited items may be disallowed or confiscated. You agree that if you do not consent to such searches, you will be denied entry or ejected from Stadium without refund.
Fan Behavior. You agree to observe, and to cause your guest(s) and invitee(s) to observe, all rules, regulations and policies of Austin FC, MLS or any other sports league, conference, or association, or any third-party event organizer regarding the use and occupancy of the seats (and hospitality area, if applicable) in Stadium and attendance at any event at Stadium, including any amendments or modifications that may be adopted or administered by any such entity or any successor thereto from time to time (collectively, the “Rules and Regulations”), and all or part of your rights and interests under your Membership may be revoked in the event of the failure of you, or any of your invitees or guests, to comply with such Rules and Regulations.
All Sales Final; Refunds Limited. Payments must be timely made on or before the agreed upon payment plan dates. For those on installment payment plans, in the event you fail to make any timely required payments, Austin FC reserves the right to either (a) withhold your tickets for upcoming matches until payment is made and the account is in good standing or (b) terminate your Membership, with any payments made prior to the termination date forfeited by you. Refunds may require submission of evidence and are only available in the event of deployment for active military duty, or in the event of the death of the account holder and a transfer is not requested.
Seating Changes. Austin FC reserves the right to temporarily or permanently relocate or remove your seats for any reasonable purpose in Austin FC’s sole discretion, including but not limited to broadcast, safety, or security reasons, in which case Austin FC will make reasonable efforts to relocate your seats to comparable seats of similar or greater value.
Force Majeure. Austin FC shall not be responsible for any hinderances or delays brought about by any Force Majeure Event. “Force Majeure Event” means any cause beyond the reasonable control of Austin FC, including, without limitation, extreme weather, hurricane, drought, flood, earthquake, storm, fire, lightning, epidemic (including COVID-19 and variations or mutations thereof and any related epidemics, residual effects, economic impact and results thereof), war, riot, civil disturbance, sabotage, explosions, acts of terror, strikes, lock-outs or labor disputes, the existence of hazardous waste, unforeseen subsurface conditions, orders of any governmental entity, the absence, suspension, termination, interruption, denial, or failure of renewal of, or the pendency of any litigation relating to, any entitlements, applicable permits or any changes in law.
Cancelled Matches. If Austin FC does not play a scheduled MLS regular-season home match, then you will be entitled to an abatement of 5% of your annual Membership fee. No abatement will be provided for any cancelled event other than a regular-season home match. For purposes of clarity, you will not be entitled to an abatement if a match is postponed, delayed, or rescheduled; rather, your ticket(s) for such a match will be honored for the rescheduled or resumed match. The maximum abatements to which you may become entitled in any season will not exceed the annual Membership fee. Any abatement will be (in order of priority): (i) set off against any amounts owed to Austin FC, (ii) if no amounts are owing, credited to the first payment on your annual Membership fee for the next MLS season, or (iii) if you do not hold a Membership for the next season, you will be paid within 60 days after the current MLS season ends. Abatement is your sole and exclusive remedy for cancelled regular-season home matches.
Use of Image. You (and/or the user(s) of your tickets for any particular match or event) grant to Austin FC, MLS or any other sports league or conference or association, and/or any third-party event organizer hosting events at Stadium (and their designees, agents, and partners) an irrevocable, perpetual right and license to use your (and/or your ticket users’) image, likeness, actions, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction, in whole or in part, made of or at any game or event at Stadium in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
No Broadcasting. You agree to not film, record, or transmit from any portion of Stadium all or any portion of any event, or any description thereof, by any means (including without limitation radio or television broadcasting, whether broadcast “live” or by means of film, tape, or other technology, including, but not limited to, camera and video-enabled cellular telephones) for any commercial, non-personal purpose.
Assumption of Risk. You and your guest(s) or anyone using your ticket(s) voluntarily assume all risk, hazard, and danger incidental and related to soccer games and other events at Stadium, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus or other pathogen capable of causing a communicable disease or illness), the danger of being injured by projectiles (whether or not applicable to the event), players, participants, other patrons, and game and other event equipment, and the risk of lost, stolen or damaged property, and agree that Austin FC, any sports league, and any other sports teams playing in Stadium, and other individuals producing, performing, or participating in games or events are not liable for any injuries attributable to such causes.
Release; Indemnity. You irrevocably waive and release on behalf of you and your guest(s) and any other person who uses tickets issued to you to attend an event at Stadium and each of their attorneys, agents, successors, heirs, and assigns all claims, liabilities, or losses (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage, or otherwise) against Austin FC, MLS, any other sports league or conference or association, other participating clubs, third-party event organizers, and each of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, and independent contractors, and the City of Austin (the “Released Parties”), arising from or in connection with this Agreement, including but not limited to each event you or any of your guest(s) attends at Stadium (the “Released Claims”), notwithstanding that such Released Claims may have been caused by the negligent act or omission of such Released Parties; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties. You further agree to defend, indemnify, and hold harmless the Released Parties for any Released Claims asserted by you, your guest(s), or any other person who uses tickets issued to you to attend an event at Stadium, including all attorneys’ fees and costs incurred by the Released Parties to defend such claims, provided the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties.
Choice of Law & Arbitration. These Membership terms and conditions and any and all modifications thereof shall be governed by the laws of the State of Texas. In the event of a dispute between you and any of the Released Parties arising out of or concerning your Membership, such dispute shall be settled by arbitration. Such arbitration shall be heard by a single arbitrator and commenced before the American Arbitration Association in Austin, Texas. The prevailing party (as determined by the arbitrator) shall be awarded all filing fees and related administrative costs. YOU AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Severability. If any provision of these terms and conditions is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
* * *
IF YOUR MEMBERSHIP INCLUDES SEATS IN THE LEXUS CLUB OR CAPTAIN MORGAN CLUB, THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE HOSPITALITY AND PARKING AMENITIES INCLUDED IN YOUR MEMBERSHIP:
Lexus Club Amenities (if applicable). If your Membership includes access to the Lexus Club, you will receive access to the Lexus Club for all Included Matches, with access provided a minimum of sixty (60) minutes before the opening whistle of the match until a minimum of thirty (30) minutes after the final whistle of the match. For all MLS regular-season matches played at Stadium, the cost of Membership entitles you to receive inclusive access to a pre-selected (by Austin FC in its discretion) menu, which shall include various food and alcoholic/non-alcoholic beverage products (not including liquor), with such food and beverages available a minimum of sixty (60) minutes before the opening whistle of the match until a minimum of thirty (30) minutes after the final whistle of the match. Food-and-beverage service is subject to quantity restrictions, and Austin FC does not guarantee that all options will be available to you or your guests. In addition to the inclusive food-and-beverage products provided in your Membership, various alcoholic beverages (including liquor) may be made available for purchase at an incremental fee. For all non-regular-season MLS matches that are classified as Included Matches, food-and-beverage service is not included in the cost of Membership; however, food-and-beverage service will be available for purchase in the Lexus Club at times determined by Austin FC in its discretion. For all eligible Other Austin FC Events, the cost of an Other Austin FC Event Lexus Club admission ticket shall entitle you to receive access to the Lexus Club and the same food-and-beverage terms described above in this paragraph for MLS regular-season matches at Stadium. If access to the Lexus Club is limited, interrupted, or prohibited as a result of a Force Majeure Event (defined above), you will not receive any refund, reduction, substitution, or other credit as a result thereof. In addition, for every four (4) Lexus Club seats purchased in your Membership, you will receive one (1) VIP parking pass for all Included Matches and for all eligible Other Austin FC Events where you purchase tickets and do not opt out.
Captain Morgan Club Amenities (if applicable). If your Membership includes access to the Captain Morgan Club, you will receive access to the Captain Morgan Club for all Included Matches, with access provided a minimum of sixty (60) minutes before the opening whistle of the match until the final whistle of the match. For all MLS regular-season matches played at Stadium, the cost of Membership entitles you to receive inclusive access to a pre-selected (by Austin FC in its discretion) menu, which shall include various food and alcoholic/non-alcoholic beverage products (not including liquor), with such food and beverages available a minimum of sixty (60) minutes before the opening whistle of the match until the final whistle of the match. Food-and-beverage service is subject to quantity restrictions, and Austin FC does not guarantee that all options will be available to you or your guests. In addition to the inclusive food-and-beverage products provided in your Membership, various alcoholic beverages (including liquor) may be made available for purchase at an incremental fee. For all non-regular-season MLS matches that are classified as Included Matches, food-and-beverage service is not included in the cost of Membership; however, food-and-beverage service will be available for purchase in the Captain Morgan Club at times determined by Austin FC in its discretion. For all eligible Other Austin FC Events, the cost of an Other Austin FC Event Captain Morgan Club ticket shall entitle you to receive access to the Captain Morgan Club and the same food-and-beverage terms described above in this paragraph for MLS regular-season matches at Stadium. If access to the Captain Morgan Club is limited, interrupted, or prohibited as a result of a Force Majeure Event (defined above), you will not receive any refund, reduction, substitution, or other credit as a result thereof. In addition, for every four (4) Captain Morgan Club seats purchased in your Membership, you will receive one (1) VIP parking pass for all Included Matches and for all eligible Other Austin FC Events where you purchase tickets and do not opt out.
* * *
IF YOUR MEMBERSHIP INCLUDES SEATS IN THE PREMIUM TERRACE, THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE HOSPITALITY AMENITIES INCLUDED IN YOUR MEMBERSHIP:
Premium Terrace Amenities (if applicable). If you have a Premium Terrace Membership, you will receive access to the 300-level concourse on the west side of the Stadium for all Included Matches, with access provided a minimum of sixty (60) minutes before the opening whistle of the match. The cost of the Premium Terrace Membership also entitles you to receive a food-and-beverage credit per Membership to be used anywhere within the Stadium during MLS regular-season matches played at the Stadium. If you have a Premium Terrace Membership in section 313, you are entitled to a food-and-beverage credit in the amount of $425 per Membership. If you have a Premium Terrace Membership in sections 309-312 or 314-317, you are entitled to a food-and-beverage credit in the amount of $340 per Membership. This food-and-beverage credit will expire at the conclusion of the MLS regular season and will not carry over to any postseason matches or any other subsequent events, including the following year’s MLS regular season. For all eligible Other Austin FC Events, the cost of an Other Austin FC Event Premium Terrace ticket shall entitle you to receive access to the 300-level concourse and a per-match food-and-beverage credit in the amount of $25 for tickets in section 313 and $20 for tickets in sections 309-312 or 314-317.