Tickets to Indianapolis Colts Club games at Lucas Oil Stadium are revocable licenses that only grant a one-time entry into the stadium and a seat, or if specified on the ticket, a standing location, for the specified game the Event with no right of re-entry. The person seeking entry pursuant to such license, and any accompanying minors Holder, agrees that such license is subject to these terms Terms and by purchase, acceptance, or use of such license, Holder is deemed to have read the Terms and has agreed to be bound by them. Failure to comply with the Terms shall result in forfeiture of the license and all rights arising under it without refund and entitle the National Football League NFL, Club, and the Capital Improvement Board of Managers of Marion County, Indiana CIB (individually or collectively, Management to pursue all legal remedies available. Admission may be refused or revoked and Holder may be ejected in Management's sole discretion.
ALL TICKET SALES ARE FINAL. NO REFUNDS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY if admission is refused or revoked, stadium capacity limitations result in ticket cancellation, or the Event is canceled and not rescheduled for any reason, or for any breach of the Terms, is a refund of up to the ticket price set by Management (Face Value). IN NO EVENT SHALL HOLDER BE ENTITLED TO ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THE TICKET. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THE TICKET OR THE EVENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN INDIANAPOLIS, INDIANA. HOLDER AND MANAGEMENT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. HOLDER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF HOLDER DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
The Event date and time (and gate opening) are subject to change at Management's sole discretion, and no such change shall entitle Holder to a refund or other remedy if Holder cannot attend or for any other reason. Holder may be relocated in Management's sole discretion, and no such relocation shall entitle Holder to a refund or other remedy if Holder is relocated to a seat of comparable Face Value.
Holder must comply with all Event policies including without limitation policies addressing security and fan conduct, health and safety, and bags. Holder and Holder's belongings may be searched or assessed. Prohibited items may be confiscated and Holder's admission may be denied or revoked at Management's sole discretion. Holder consents to such searches and assessments and waives all related claims. If Holder does not consent, Holder acknowledges Management has the right to deny or revoke Holder's admission without refund. Management reserves the right to deny or revoke the admission of any person who it determines, in its sole discretion, poses a risk to the health or safety of other attendees or whose conduct violates these Terms, any Event policies, or is otherwise disorderly (or complicit therein) without refund.
Holder agrees not to create, transmit, display, distribute, exploit, misappropriate, or sell (or aid in such activity) (1) in any form, any description or account (whether text, data, or visual, and including, without limitation, play-by-play data) of the Event or related events (collectively, Descriptive Data for any commercial or non-personal, purpose; (2) any images, videos, audio, or other form of display or public performance or reproduction of any portion of the Event or related events (Works) for any commercial or non-personal purpose; or (3) livestreams of any portion of the Event or related events (Livestreams). Notwithstanding the foregoing, Holder agrees that by causing their ticket to be scanned upon entry to the Event, Holder shall be deemed to have signed the ticket and granted the NFL an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Works, Livestreams, and Descriptive Data. Holder grants irrevocable permission to NFL, Club, and their respective sponsors, licensees, advertisers, broadcasters, designees, partners, and agents to use, publish, distribute, or modify Holder's image, likeness, voice, actions, and statements in any medium including, without limitation, audio, video, or images of the Event for any purpose without further authorization or compensation, and waives all claims and potential claims relating to such use unless prohibited by law.
HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS, AND DANGERS incident to the Event and related events, including the risk of personal injury (including death), exposure to communicable diseases, viruses, bacteria, or illnesses, or the causes thereof, or lost, stolen, or damaged property, whether occurring before, during, or after the Event, however caused, and hereby waives all claims and potential claims relating to such risks, hazards, and dangers. NOVEL CORONAVIRUS SARS-COV-2 (TOGETHER WITH ANY VARIATION THEREOF, COVID-19) IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. THE CDC ADVISES THAT SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE ARE PRESENT. BY ENTERING THE STADIUM AND STADIUM GROUNDS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19.
Management is not responsible for lost, stolen, destroyed, duplicated, or counterfeit tickets and may refuse to honor them. Tickets may not be used for, or in connection with, any form of commercial purposes including, without limitation, advertising, promotions, contests, sweepstakes, giveaways, gambling, or gaming, without the express written consent of the Club and NFL. Use of tickets in violation of law is strictly prohibited and will result in seizure, revocation, or forfeiture of the license without refund.
RELEASE, WAIVER, and COVENANT NOT TO SUE. On behalf of Holder and Holder's Related Persons, Holder releases and covenants not to sue each of the Released Parties with respect to any and all claims that Holder or any of Holder's Related Persons may have or hereafter accrue, against any of the Released Parties, that relate to any of the risks, hazards, and dangers described above, including without limitation any and all claims that arise out of or relate in any way to Holder's (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Event (including all risks related thereto, including without limitation in parking areas or entry gates) or compliance with any rules, regulations, or protocols applicable to the Event; or (iii) interaction with any personnel of any of the Released Parties at the Event, in each case whether caused by any action, inaction, or negligence of any Released Party or otherwise.
As used herein:
Related Persons means Holder's heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder's or their behalf.
Released Parties means: (i) Club, CIB, NFL Ventures, Inc., NFL Ventures, L.P., NFL, and its member clubs, and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and their employees), and other personnel; (ii) the direct and indirect owners, lessees, and sublessees of Lucas Oil Stadium and related stadium grounds (including, without limitation, parking areas and entry gates) (Stadium); (iii) all third parties performing services at the Stadium; and (iv) any parents, subsidiaries, affiliated and related companies, and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, subcontractors, insurers, representatives, successors, or assigns of each of the foregoing entities and persons, whether past, present, or future and whether in their institutional or personal capacities.
Fan Health Promise
Holder agrees, on behalf of Holder and on behalf of any other person for whom Holder is obtaining this ticket, that Holder will not attend the Event if, under the CDC's guidelines in effect at the time of the Event, it is recommended that, as of the date of the Event, Holder stay at home, quarantine, and isolate (e.g., as a result of testing positive, developing symptoms, or having a direct exposure to someone who has tested positive for COVID-19). For reference, the CDC's current recommendations are available here: https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html
If any provision of this revocable license is determined to be invalid, illegal, or unenforceable, it shall be deemed severed and not affect the enforceability of any other provisions, which shall be enforced as if the revocable license did not contain the invalid, illegal, or unenforceable provision.
2023 Season Ticket Policies
Each Season Ticket Member ("STM"), agree to the following terms and conditions, and represents and warrants that STM is authorized to agree to this Policy (together with the Invoice (as defined below), the "Agreement") on behalf of such STM.
Season Ticket Accounts
A Season Ticket Account consists of separate, limited, and revocable licenses issued by Club for Seats to each Game played during the applicable NFL season. Each ticket covered by or otherwise licensed pursuant to this STM license shall be referred to herein as a "Ticket" and only permits the bearer the right to attend the specific Game and occupy the Seat identified on such Ticket. Tickets and any and all other benefits or privileges of STM including but not limited to invitations to Season Ticket Member events shall be referred to herein as "STM Privileges". The Tickets, which STM shall receive, are owned by Club. The Tickets and all STM Privileges are licensed solely to the STM.
Season Ticket Accounts are subject to such terms, conditions, and policies, including the general ticket policies above and the Fan Code of Conduct. The current policies may be modified and supplemented at any time by Club in its sole discretion without notice and are effective when adopted. STMs should not rely upon or have any expectation that policies presently applicable to Season Ticket Accounts will continue to apply in the future.
- Except as expressly stated herein, payments made in connection with Season Ticket Accounts are non-refundable, whether made online, in-person, or otherwise. If an STM's account is revoked by Club without cause, STM's exclusive remedy shall be a refund of any amounts paid for which no corresponding Tickets have been provided, which refund determination shall be made by Club in its sole discretion. "Cause" may include, but is not limited to, non-payment of amounts due Club hereunder, violation of any ticket policies of Club or Lucas Oil Stadium, or violation of the Fan Code of Conduct.
Automatic Renewal, Right to Cancel
- During October of each NFL season, Club will issue an invoice or account statement ("Invoice") for STM's Season Tickets and benefits for the upcoming season. STM shall have until mid-November to notify Club that STM wishes to cancel the Season Ticket Account (the "Opt-Out Period"). Club will make commercially reasonable efforts to make the Opt-Out Period at least 30 days. Unless STM gives notice of cancellation during the Opt-Out Period as provided above, then as consideration for the benefits granted to STM by Club hereunder, the Season Ticket Account shall automatically renew for such upcoming season.
- Notwithstanding any renewal or automatic renewal, the opportunity to establish Season Ticket Accounts and purchase Season Tickets from year-to-year is a privilege granted by Club to STMs in its sole discretion and which may be revoked by Club at any time with or without cause. Neither a Season Ticket Account, nor the opportunity to establish a Season Ticket Account, constitutes any form of legal, equitable, prescriptive or contractual property right under state statutory or common law or under the United States Bankruptcy Code. STMs should not form any expectations or rely upon their ability to renew a Season Ticket Account or purchase Season Tickets for any given season. The location and pricing of the Seats for Season Tickets in a Season Ticket Account from year-to-year is determined by Club in its sole discretion.
Payment Due Dates
- Unless an STM has enrolled in the 12-Month Payment Plan, STM shall pay total amount due for the following NFL season according to one of the following payment schedules:
- "Annual Plan". Lump sum payment will be made at time of purchase or after the 30 day opt-out period for renewal accounts; or
- "Two-Payment Plan". STM shall make a down payment of 50% of the full Invoice amount on or before March 1 with the balance due in full in a single installment payment on or before May 15; or
- "Six-Payment Plan". STM shall make a down payment of 18.33% of the full Invoice amount on or before January 1 with five equal installment payments of 18.33% due on or before each of January 15, February 15, March 15, April 15, and May 15.
- Notwithstanding the above, the exact due dates (each a "Due Date") and amounts due will be set forth on the Invoice and are subject to change in Club's sole discretion. Club reserves the right to require any STM to pay the total amount due in full pursuant to the Annual Plan at any time. Payment plans are offered in the sole discretion of Club and there is no guarantee that payment plans will be offered in the future.
- For STMs electing to pay in installments, each payment is applied first to STM's Tickets and any ancillary items (e.g. Season Parking) in chronological date order for the NFL season. Tickets will be released to a STM's account on a game-by-game basis only after all seats for that game are fully paid for and cannot be transferred to another account until the STM's account is paid in full.
STMs who elect the Annual Plan shall pay the amount on the Invoice by a valid credit or debit card (together with any replacement cards, the "Card") or by certified check. If STM pays by Card, the Total Amount Due shall be automatically charged to STM's Card immediately following the Opt-Out Period and STM agrees that Club may automatically charge the total amount due to STM's Card immediately following the Opt-Out Period. If Club does not have a Card on file, Club must receive STM's payment in the full Invoice amount by February 28 for STM to validly execute STM's renewal for the following season.
- STMs who elect to pay pursuant to an installment plan (with any down payment and each subsequent payment being referred to as "Installment Amounts"), each payment shall be made by a Card on file with Club and STM agrees that Club may automatically charge each Installment Amount to STM's Card immediately on each Due Date thereafter. This Agreement constitutes STM's preauthorization for Club to charge STM's Card in accordance with the terms herein acknowledges and agrees that no further authorization shall be required for the collection of any payments under this Agreement. Any past due amounts, including processing fees, due under this Agreement shall be added to the immediately following payment to be charged to the Card. STM consents to electronic receipt of disclosures from Club. All payments must be received, or funds must be available for automatic charge to the Card, by the dates listed in the Agreement.
All Membership Privileges are revocable by Club for failure to comply with any of the terms relating thereto, including without limitation, failure to make payment(s) or make funds available for automatic charge hereunder when due. If STM defaults or breaches this agreement, Club, at its option, may do any, some or all of the following: (A) suspend the Membership license and the other rights granted to STM hereunder without reducing or suspending the license fees, (B) accelerate all Membership fees due for the current Membership Year so that they are immediately due and payable, (C) upon written notice to STM, terminate STM's right to use the Tickets and any other Membership Privileges provided under this Agreement, or (D) pursue any other right or remedy available to Club at law or in equity. Whether or not STM's right to use the Membership is terminated by Club, Club may recover damages from STM's breach or default. If STM's right to use the Tickets is terminated, STM will still be liable to Club for damages and Club may take exclusive possession of the Tickets without liability to STM for damages of any kind.
STM shall be solely responsible for maintaining the Card so as to enable Club to receive the payments throughout the Term. Should the Card be suspended or terminated, STM will provide Club with another Card to which such payments can be charged. STM shall provide Club with STM's billing information as it may be changed from time to time, including mailing address, phone number and email address.
STMs are valued customers of Club, and Club will diligently attempt to accommodate its customers. However, the opportunity to establish Season Ticket Accounts and purchase Season Tickets from year-to-year is a privilege granted by Club in its sole discretion and which may be revoked by Club at any time with or without cause. Neither a Season Ticket Account, nor the opportunity to establish a Season Ticket Account, constitutes any form of legal, equitable, prescriptive, or contractual property right under state statutory or common law or under the United States Bankruptcy Code. STMs should not form any expectations or rely upon their ability to renew a Season Ticket Account or purchase Season Tickets for any given season. The location of the Seats for Season Tickets in a Season Ticket Account from year-to-year is determined by Club in its sole discretion.
Season tickets are not to be purchased for the sole purpose of re-sale. If Club determines an STM has purchased season tickets for the sole or principal purpose of re-sale, Club may revoke that season ticket membership.
Limited Transfer Policy and Account Consolidation
Season Ticket Accounts are nontransferable without the prior approval of Club, which approval may be withheld by Club in its sole discretion. In the event an STM wishes to transfer or assign his/her Season Ticket Account to another person or business entity, the STM must contact the Club Office to discuss the proposed transfer or assignment. As a general rule, partial transfers of Season Ticket Accounts (i.e., subdividing) will not be approved. Further, Club reserves the right, in its sole discretion, to consolidate multiple accounts of a STM into a single Season Ticket Account.
Revocation of Season Ticket Accounts
Club reserves the right to revoke any Season Ticket and Season Ticket Account without refund as a result of, without limitation, (a) violation of, or conduct undertaken with the intent to circumvent, any provision of this Season Ticket Policy, (b) violation of applicable law or any of the other policies of Club or Lucas Oil Stadium, (c) any form of fraudulent activity, (d) the purchase of Tickets to Games for the primary purpose of reselling the Tickets on the secondary market, and (e) the use of Tickets to games for sweepstakes, contests or promotions without the express written consent of the NFL and Club. STMs are responsible for any liability or damages caused by their conduct as well as the conduct of anyone else using the STM's Seats. Violations of the Fan Code of Conduct or the law by anyone using such Seats at Games will be deemed to be a breach of this Policy by the STM, and may result in the termination of STM's Season Ticket Account.
The type of tickets (whether hard copy, digital, mobile-based, or RFID card) and delivery method of all Tickets shall be determined by Club in its sole discretion. STM acknowledges and agrees that Club may deliver Tickets to STM via mobile application, text message, or RFID card. Season Ticket Accounts with eleven or more Seats and Season Ticket Accounts on the 12-Month Payment Plan will be filled only through digital tickets issued through Ticketmaster. Any STM subject to this policy will be required to provide Club with a valid Ticketmaster account to which the tickets are to be credited. Exceptions to this policy may be granted by Club in its sole discretion in cases of hardship where there is a clearly demonstrated need for the issuance of physical tickets. Hardship exceptions will not be considered for any STM on the 12-Month Payment Plan or any STM with any history of (a) duplicate tickets having been presented to the same Seat at an event, or (b) fans having been ejected from the STM's Seats for violating the Lucas Oil Stadium Code of Fan Conduct. The concealment of multiple accounts by a single STM to circumvent the issuance of digital tickets is a violation of this policy and may result in the termination of the STM's Season Ticket Account.