Waitlist Membership Terms and Conditions
Austin StadCo LLC and Austin TeamCo LLC (together, “Austin FC”) have established a season-ticket-membership waiting list (the “Waitlist”) to give fans priority to purchase season-ticket memberships as they become available and to receive other Waitlist amenities as described below. This Austin FC Waitlist Member Agreement (this “Agreement”) describes your rights and obligations as a member of the Waitlist. By enrolling in the Waitlist, you confirm that you have read these terms and conditions, that you understand them, and that you agree to be bound by them. Please read this Agreement carefully.
Membership Benefits. Each Waitlist account will receive:
· Ability to purchase up to six (6) season-ticket memberships when/if seats become available for Waitlist accountholders based on priority (as further described herein);
· Pre-sale access to purchase up to six (6) single-match tickets (per account, per season) for regular-season matches prior to such single-match tickets going on sale to the general public (matches and seat location to be determined based on availability);
· Pre-sale access to purchase up to four (4) single-match tickets (per account, per season) for playoff matches prior to such single-match tickets going on sale to the general public (playoff tickets are not guaranteed and are subject to availability);
· Access to exclusive 24-hour window to purchase single-match tickets that are released the week of the match (i.e., before such tickets are made available to the general public, Waitlist accountholders will receive an exclusive first opportunity during this window to purchase up to six (6) such single-match tickets while supplies last);
· Pre-sale access for select concerts and other events at Q2 Stadium; and
· 10% discount on select Austin FC merchandise purchased from the MLS online store.
Joining the Waitlist. You may join the Waitlist by completing the online registration on Austin FC’s website. You may only register for one (1) Waitlist account per household or organization. In requesting to join the Waitlist, you represent that (a) you are at least eighteen (18) years of age or older, (b) you have provided account information on behalf of yourself (i.e., your household or organization), and (c) all information on the form is accurate and truthful. A one-time, non-refundable enrollment fee, which is currently set at $50 per account and which is subject to change in subsequent years (the “Enrollment Fee”), is required at the time you join the Waitlist. Thereafter, in the following year, to remain on the Waitlist and to receive the Waitlist membership benefits, you will need to pay the annual non-refundable, automatically renewable (as described in the following paragraph) renewal fee, which is $20 per account for the 2023 season and which is subject to change in subsequent years (the “Renewal Fee”). Neither the Enrollment Fee nor any Renewal Fee will be credited toward the purchase of potential season-ticket membership cost or other membership benefits.
AUTOMATIC MEMBERSHIP RENEWAL: Your payment authorization for the Enrollment Fee shall remain in effect for any applicable Renewal Fee so long as your Waitlist membership remains in effect. Provided your Waitlist account is in good standing, your membership shall be automatically renewed annually, until such time as you choose to opt-out of the Waitlist. You will be notified of the Renewal Fee for each subsequent year in the current Waitlist membership year. Upon such notification, you will have thirty (30) days to opt out of the Waitlist for subsequent years (the “Opt-Out Window”). Such notice will provide instructions for you to opt out of the Waitlist 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 Waitlist membership for the upcoming year, and you will be charged the Renewal Fee. If you timely opt out of the Waitlist for future years, you shall have no obligation for any future scheduled payment beyond the current membership year.
Payment Authorization. You understand that by joining the Waitlist, you authorize Austin FC to charge the credit or debit card you provided (or withdraw from your bank account via an ACH electronic funds transfer, if you so elected) for the fees due for your Waitlist membership. You hereby warrant that you have the authority to authorize charges to the listed account for your Waitlist membership and any Waitlist membership benefits that you choose to purchase. 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.
Responsibility to Update Account Information. You agree to notify us promptly of any change to your account information. You acknowledge that failure to update contact information may prevent your receipt of Waitlist membership benefits, and you agree that Austin FC will not be responsible for any failure to deliver Waitlist membership benefits in such case. You further acknowledge that if any credit/debit card or bank account information provided in connection with joining the Waitlist changes or must be replaced, you will promptly notify Austin FC, and the payment authorization provided herein 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 as described above in the Membership Benefits section. Failure to timely provide or update payment information may result in the loss of priority on the Waitlist. Waitlist membership benefits will not be available to any account that has not provided payment information (or that has failed to provide valid payment information when the accountholder’s payment method is declined or expired).
Season-Ticket Priority. Your Waitlist account holds your place on the Waitlist, but it does not guarantee that you will be offered season-ticket memberships. Your ability to purchase a season-ticket membership will be based on available inventory and your priority determined by the date and time you placed your initial deposit for the inaugural season or, if you did not place an initial deposit, when you joined the Waitlist. Ticket availability is based on the renewal rates of existing season-ticket members. Existing season-ticket members will first have an opportunity to upgrade their memberships (based on the number of tickets they currently have), after which the remaining inventory will be available to the Waitlist. If inventory remains available when your Waitlist position approaches, Austin FC will notify you regarding the applicable timeframe to view seating options and costs. At that time, you may elect to purchase available season ticket memberships or pass on purchasing without impacting priority for future availability. If you purchase any season-ticket memberships (which will be subject to a separate set of terms and conditions), you will be removed from the Waitlist. Should you wish to rejoin the Waitlist for the opportunity to purchase additional tickets or to continue to receive the Waitlist membership benefits, you may rejoin the Waitlist with priority based on the time that you rejoin. For purposes of clarity, if you placed an initial deposit to purchase an inaugural season-ticket membership and you purchased such a membership before such memberships were sold out, you may still join the Waitlist, but your priority will be based on the time that you join the Waitlist, not the time that you placed your initial deposit.
Non-Transferability. The name that you enter on your Waitlist account is the name under which the Waitlist account will be established. The name may not be changed nor may the account be transferred 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 Membership. Your membership on the Waitlist may be revoked at any time prior to season-ticket memberships becoming available for your purchase. In addition, your deposit will be subject to forfeiture if you break any rule, regulation, or policy either (i) of Austin FC or Q2 Stadium, (ii) concerning any program, privilege, or benefit made available to Waitlist members, or (iii) concerning the terms and conditions of this Agreement. Engaging in illegal or unauthorized reselling of tickets in violation of ticket policies of Austin FC or its vendors shall entitle Austin FC to all available legal remedies, including but not limited to revocation or cancellation of your Waitlist membership. Importantly, if you provide us with any false and/or inaccurate information in setting up your Waitlist account (e.g., misrepresentation of age, identity, or contact information name) or fail to properly update such contact information, we reserve the right to remove your name from the Waitlist and retain your deposit.
Governing Law / Dispute Resolution. This Agreement shall be construed and enforced in accordance with the laws of Texas, without regard to the conflict-of-laws provisions of such law. Any disputes in connection with this Agreement shall be resolved by arbitration before the American Arbitration Association according to the rules of that forum, except you may pursue a claim in small claims court so long as the claim is pending only in that court, and so long as that claim is not joined with any other claim in any court. You specifically waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claim. You understand that the arbitrator’s decision will be final and binding, and that other rights that you may have if you went to court may not be available in arbitration. If any provision hereof is invalid or unenforceable in any jurisdiction, to the fullest extent permitted by law that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable in such jurisdiction, and shall be construed in order to carry out the intentions of this Agreement as nearly as possible. The invalidity or unenforceability of any provision hereof in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction. Waiver of any rights by Austin FC on one or more occasions shall not constitute a waiver of any such right on any other occasion.
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.
Rights Reserved. Austin FC reserves the right in its sole discretion to amend, update, or modify policies and procedures relative to the Waitlist upon notice to you.
If you have any questions about any of these terms and conditions, or if you need to update your Waitlist account information, please contact us at 512-855-1944 or email firstname.lastname@example.org, or use the chat function, if available, on the Austin FC website.