BLAZERS FAN CLUB 2020-21 TERMS AND CONDITIONS
No refund will be given on the purchase of any Membership, except as specifically provided for in this Agreement.
Your Membership is for the Trail Blazers’ 2020-21NBA Season only. The Trail Blazers make no assurances that any membership program will be offered for subsequent seasons.
Any membership benefits offered through the Blazers Fan Club are subject to change and revocable at the Trail Blazers’ discretion.
All rights granted to you under this Agreement are in the nature of a revocable license. By purchasing any Membership you acknowledge and agree that the Blazers, as licensor, reserves the right to cancel your Membership at any time prior to or during the season for any reason, including, but not limited to (i) violation of any of the terms and conditions contained herein, (ii) violation of any provision of the Trail Blazers Fan Code of Conduct, or (iii) if deemed advisable in the Blazers’ reasonable discretion.
By using any Membership, you voluntarily assume all risk and danger of personal injury or illness (including death), and all hazards arising from, or related in any way to, such use, whether occurring prior to, during, or after the game/event, howsoever caused and whether by negligence or otherwise, and you hereby agree to indemnify and hold harmless each Arena Entity from any claim on account of any injury, illness or damage that you may suffer.
This Agreement will be governed by the laws of the State of Oregon, without regard to choice of law principles.
Should any current or future dispute, claim or cause of action related to a Membership or game/event arise between the Holder and the Trail Blazers or its affiliates, Holder shall send a written notice describing the issue (a “Dispute Notice”) to Trail Blazers Inc., One North Center Court, Suite 200, Portland, Oregon 97227, Attention: General Counsel. Holder and the Arena Entities agree to make a good-faith effort to resolve the dispute for at least 60 days following receipt of the Dispute Notice (the “Negotiation Period”). If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in Portland, Oregon conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective July 1, 2014, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the Blazers and NBA are engaged in transactions involving interstate commerce with respect to the game/event). The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated to the arbitrator selected pursuant to this provision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
By purchasing a membership, each participant/entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Membership shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Membership, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
You agree that the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.