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2013 Membership

Membership Terms and Conditions

The following are the Terms and Conditions ("Terms") of the San Diego Baseball Club Membership ("Membership"). By becoming a Member, for example by purchasing a Membership level corresponding to a season ticket plan level or otherwise joining the Membership program, you agree to these Terms, which, together with any other terms and conditions applicable to your ticket purchase or other related transaction(s) with the San Diego Padres, form a binding legal agreement between you as a member ("Member") and Padres L.P. ("San Diego Padres").

  • The specific benefits available to you as a Member will be defined by the category of Membership that you acquired (e.g. Family Membership, Business Membership, Social Membership, Fanatic Membership, etc.) and the level of Membership within that category (e.g., Platinum Member, Gold Member, Blue Member, etc.). The benefits and conditions of Membership are subject to change at any time for any reason at the sole discretion of the San Diego Padres.
  • To be eligible for Membership, your account with the San Diego Padres must be in good standing. To be eligible for an individual Membership, you must be at least eighteen (18) years of age. You must either be paid in full or enrolled in an authorized Renewal Payment Plan by the stated payment deadline to activate Membership. Memberships are non-refundable. Memberships purchased by parents for their children remain in the parent's name, and the Member agrees to these Terms on his or her minor children's behalf. Children using Member benefits (e.g., attending events) must at all times be accompanied by their parent or legal guardian who is a Member or otherwise in possession of appropriate credentials (e.g., a valid game ticket).
  • Except to the extent expressly set forth in these Terms or otherwise expressly permitted by the San Diego Padres in their sole discretion. Member benefits are non-transferable, whether by operation of law or otherwise. If a Member attempts to sell, barter or transfer Member benefits (other than game tickets) without prior written permission from the San Diego Padres, the San Diego Padres reserve the right to terminate Membership and all related benefits.
  • You may request up to three (3) additional Partner Membership Cards for your share partner(s). Partners will have access to Membership discounts and select benefits. Partners will not have access to Member events unless permission has been granted by the Member of record. Benefit transfer requests must be submitted in writing to your Account Specialist, Membership Services. The San Diego Padres reserve the right to deny transfer requests. The San Diego Padres reserve the right to refuse to conduct business related to the account with anyone other than the Member of record.
  • Membership cards remain the property of the San Diego Padres. Membership cards may not be sold, exploited for commercial use, or used for promotional purposes or campaigns without the prior express written permission of the San Diego Padres.
  • The San Diego Padres reserve the right to suspend or cancel a Membership or withhold renewal for any reason, including non-compliance with policies set forth by the San Diego Padres or offensive, objectionable, or inappropriate behavior of the Members of record or their guests.
  • If a San Diego Padres Membership card is lost, the Member will be required to contact their Account Specialist, Membership Services to request a replacement card at a fee of ten dollars ($10) per card. In the event a Membership card is stolen, the Membership card will be replaced at no cost upon provision of a police report.
  • Members are required to carry their current Membership card with them when attending a Member event to gain entry. A corresponding photo ID may also be required for certain events. The San Diego Padres reserve the right to determine in their sole discretion additional restrictions or limitations for attendance at certain events.
  • Members are not entitled to entry to San Diego Padres games except where a reserved seat has also been purchased. In addition, games, events, and other activities are subject to cancellation, postponement, or rescheduling due to act of God, or the public enemy, fire, weather, flood, storm, earthquake, riot, war or war operations, restraint of governments, rescheduling by Major League Baseball, or other causes beyond the control of the San Diego Padres. The San Diego Padres are not responsible for refunding all or any portion of your Membership fees or providing any other compensation as a result of such cancellation, postponement, or rescheduling.
  • Memberships are generally valid from March 1 to February 28 of the following year ("Membership Period"). Certain Membership events and benefits may begin prior to March 1, 2013 in the San Diego Padres' discretion. Any unused Membership benefits shall expire as of the end of the Membership Period, except that any stored value on your Membership card shall not expire until that value is redeemed in full.
  • Member benefits are subject to change and availability. Discounts may be subject to exclusions and limitations which will be communicated to Members by the San Diego Padres. The San Diego Padres are under no obligation to add replacement events and benefits.
  • It is your responsibility to notify the San Diego Padres of any change in your e-mail address, mailing address, or phone number by contacting your Account Specialist, Membership Services or logging in and using the online account manager at www.padres.com. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk, and/or spam e-mail folders or by adding us to your address book or safe senders list. Any personal information that you provide to the San Diego Padres through your online account will be governed by the privacy policy at www.padres.com.
  • USE OF THE MEMBERSHIP AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SAN DIEGO PADRES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMBER HEREBY RELEASES, WAIVES AND HOLDS HARMLESS THE SAN DIEGO PADRES AND ITS PARENTS, AFFILIATES, AND SUBSIDIARIES , THE MLB ENTITIES (DEFINED BELOW), AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM THE MEMBERSHIP PROGRAM OR ANY PRODUCTS, SERVICES, MERCHANDISE, FOOD OR OTHER ITEMS RECEIVED IN CONNECTION WITH THE MEMBERSHIP. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. For purposes of this Agreement, the "MLB Entities" shall mean MLBAM, the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., Tickets.com, Inc., SportsOnEarth, LLC, the Major League Baseball Clubs, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball.
  • Members do not have any ownership rights in accrued Membership benefits and accrued Membership benefits do not constitute property of the Member. Membership benefits are not negotiable, commissionable, or redeemable for cash and are void if sold for cash or other consideration.
  • These Terms, together with the policies and Membership descriptions provided by the San Diego Padres, represent the entire agreement of the parties with respect to the Membership and supersede any and all prior agreements, communications, or understandings regarding the same. The Terms may not modified, amended, waived, or released. By obtaining a Membership online or redeeming any Member benefits online, you agree to the padres.com Terms of Use, as amended by these Terms, and Privacy Policy. In the event of a conflict between these Terms and the padres.com Terms of Use regarding the rights and obligations of you or the San Diego Padres in connection with a Membership, these Terms shall control and prevail in each instance.
  • If a court of law holds any provision of these Terms to be illegal, invalid, or unenforceable: (a) that provision shall be enforced to the maximum extent possible, and (b) the legality, validity, and enforceability of the remaining provisions of the Terms shall not be affected.
  • These Terms are governed by the laws of the State of California, without regard to its choice of law principles.
  • ARBITRATION. This arbitration provision ("Provision") facilitates the prompt and efficient resolution of any disputes that may arise between Member and the San Diego Padres. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, 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. Member has the right to opt-out of this Provision (as explained below), which means Member would retain his or her right to litigate Member's disputes in a court, either before a judge or jury.
    • Please read this Provision carefully. It provides that all Disputes between you and the San Diego Padres (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, Member may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Agreement constitutes a waiver of your right to litigate claims and all opportunities to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorneys' fees).
    • For the purpose of this Provision, "San Diego Padres" means the San Diego Padres and its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and the San Diego Padres regarding any aspect of your Membership, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
    • MEMBER AND THE SAN DIEGO PADRES EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON 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 PROVISION.
    • Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, Member must first give the San Diego Padres an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the San Diego Padres, Legal Department, 100 Park Blvd., San Diego, CA 92101. That written notification must include (1) Member's name, (2) Member's address, (3) a written description of Member's Dispute, and (4) a description of the specific relief Member seeks. If the San Diego Padres do not resolve the Dispute within forty-five (45) days after receiving Member's written notification, Member may pursue his or her Dispute in arbitration. Member may pursue his or her Dispute in a court only under the circumstances described below.
    • Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, Member or the San Diego Padres may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it 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 (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to the San Diego Padres, Legal Department, 100 Park Blvd., San Diego, CA 92101. Your written notification must include (1) Member's name, (2) Member's address, and (3) a clear statement that Member does not wish to resolve disputes with the San Diego Padres through arbitration. Your decision to opt-out of this Provision will have no adverse effect on Member's relationship with the San Diego Padres. Any opt-out request received after the Opt-Out Deadline will not be valid, and Member must pursue Member's Dispute in arbitration or small claims court.
    • Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution"), either Member or the San Diego Padres 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 party's 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 Membership 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.
    • 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.
    • Location of Arbitration. You or the San Diego Padres may initiate arbitration in San Diego, California or the federal judicial district that includes the address Member provides in Member's written notification of Pre-Arbitration Claim Resolution. In the event that Member selects the federal judicial district that includes the address Member provides in Member's written notification of Pre-Arbitration Claim Resolution, the San Diego Padres may transfer the arbitration to San Diego, California, in the event that they agree to pay any additional fees or costs Member incurs as a result of the transfer, as determined by the arbitrator.
    • Payment of Arbitration Fees and Costs. The San Diego Padres will pay all arbitration filing fees and arbitrator's costs and expenses upon Member's written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs incurred in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
    • Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person'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 Member and the San Diego Padres specifically agree to do so following initiation of the arbitration. If Member chooses to pursue his or her Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to that Member. Neither Member, nor any other user of the Membership, 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.
    • Jury Waiver. Member understands and agrees that by entering into this Agreement Member and the San Diego Padres are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, Member and the San Diego Padres might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that Member would have if Member went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
    • Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. 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.
    • This Arbitration Provision shall survive termination of the Member's Membership.