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TICKET TERMS


2023-24 TERMS AND CONDITIONS FOR DALLAS MAVERICK TICKET HOLDERS

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE
TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER
PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY
OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET
OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.

This ticket is a revocable license, and the holder of this ticket, on behalf of
the holder and any accompanying minor, including a minor holding a separate
ticket (individually and collectively, the “Holder”), agrees to all of its
terms.  The Holder agrees that this ticket license is subject to these terms and
conditions, as well as any additional terms and conditions established by the
Dallas Mavericks and/or its affiliates (the “Team”), the National Basketball
Association and/or its affiliates (the “NBA”), and any operator of the arena or
related arena grounds (including, without limitation, parking areas and entry
gates) (the “Arena”) at which the event or any surrounding activities (in whole
or in part) for which this ticket is issued (the “Event”) is held (collectively,
all such additional terms, “Supplemental Terms”).  [SUPPLEMENTAL TERMS INCLUDE
THE [[ANY] HEALTH AND SAFETY REQUIREMENTS AND OTHER] TERMS SET FORTH AT THE
FOLLOWING URL: https://www.mavs.com/ticketterms.  By acceptance and/or use of
this ticket and/or entering (or seeking entry into) the Arena, the Holder is
deemed to have read all such terms and agreed to be bound by them.

ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED
HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) if admission is refused or
revoked, or the Event is cancelled and not RESCHEDULED, is a refund of up to the
ticket’s face value set by the Team (the “Face Value”).  IN NO EVENT SHALL THE
TEAM, NBA, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,
INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE
OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE
VALUE FOR THIS TICKET.

The Event date and time (and gate opening) are subject to change at the Team’s
sole discretion, and no such change shall entitle the Holder to a refund or
other remedy if the Holder cannot attend or for any other reason. The Holder may
be relocated in the Team’s sole discretion, and no such relocation shall entitle
the Holder to a refund or other remedy if the Holder is relocated to a seat or
location of comparable Face Value.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE LIMITED
RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS PARAGRAPH AS SET FORTH
BELOW.  THIS IS A SUMMARY OF MANDATORY TERMS. For full terms related to dispute
resolution, please visit https://www.nba.com/termsofuse, which terms you agree
will apply. Should any current or future dispute, claim or cause of action
related to this ticket or the Event arise between the Holder and the Team, NBA,
or Arena, a written notice (a “Dispute Notice”) must be sent with the following
information:  (i) name, contact information (address, telephone number, and
email address), and account information if applicable; (ii) a description of the
nature and basis of the dispute; and (iii) a description of the nature and basis
of the relief sought, including a calculation for it.  If the Holder has a
dispute, they shall send the Dispute Notice to tickets@dallasmavs.com. The
Holder and the Team, NBA, and/or Arena agree to make a good-faith effort to
resolve the dispute for at least 60 days (the “Negotiation Period”) following
receipt of the Dispute Notice.  If the parties cannot resolve the dispute within
the Negotiation Period, the dispute shall be resolved by binding arbitration.
The arbitration shall be administered by National Arbitration and Mediation
(“NAM”) and heard by a single, neutral arbitrator.  The NAM Rules shall govern
the payment of all arbitration fees. Notwithstanding the foregoing, the Team
will consider a request to reimburse your portion of the arbitration fees upon a
showing of hardship in its sole discretion and assuming you do not qualify for a
waiver from NAM. All issues are for the arbitrator to decide except the
following items (which are for a court of competent jurisdiction to decide): (i)
issues that are specifically reserved for a court; (ii) issues related to the
scope and enforceability of the arbitration provisions; and (iii) whether a
dispute can or must be brought in arbitration.  TO THE FULLEST EXTENT PERMITTED
BY LAW, THE HOLDER, ARENA, TEAM AND NBA AGREE THAT ALL DISPUTES SHALL BE
ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR
ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS
ARBITRATION.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOLDER, ARENA, TEAM
AND NBA WAIVE THE RIGHT TO A JURY TRIAL.  There are also additional procedures
for “mass filings,” as set forth in the NAM Rules. In addition, these terms and
any disputes between you and the Arena, Team, and/or NBA will be governed by the
laws of the State of New York without regard to its principles of conflicts of
laws. To the fullest extent permitted by law, the state and federal courts of
Dallas, Texas shall have exclusive jurisdiction over any disputes between you
and the Arena, Team, and/or NBA (except for disputes brought in small claims
court) that are not subject to arbitration.  IF THE HOLDER DOES NOT CONSENT TO
THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA. You have
the right to opt out of arbitration under these Terms by sending the Team a
personally signed, written notice of your decision to opt out via email to
tickets@dallasmavs.com within thirty (30) days of purchase of your ticket.  Such
an opt out will not opt you out of an arbitration agreement you might otherwise
have with the Arena, Team, and/or NBA.

The Holder agrees not to create, transmit, distribute, misappropriate or sell
(or aid in creating, transmitting, distributing, misappropriating or selling),
in any media now or hereafter existing, any description, account (whether text,
data or visual, and including (without limitation) play-by-play data), picture,
photograph, image, video, audio, livestream or other form of exploitation or
reproduction of the Event (collectively, “Event Works”).  Notwithstanding the
foregoing, the Holder agrees that by causing this ticket to be scanned upon
entry, the Holder shall be deemed to have signed the ticket and granted to the
Team and NBA an exclusive worldwide, irrevocable, perpetual, sub-licensable,
royalty-free license to all rights associated with any Event Works.  This ticket
may not be used for any form of commercial or trade purposes, including, but not
limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling
or gaming activities, without the express written consent of the Team and NBA.

This ticket and the Holder’s admission to the Arena are subject to all safety
and health requirements and policies relating to the novel coronavirus
SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or
variation thereof, collectively, “COVID-19”) put in place by the Team, NBA, and
Arena, including any such policies and requirements described in the
Supplemental Terms (collectively, the “Safety Requirements”). The Holder
acknowledges and agrees to comply with the Safety Requirements and acknowledges
and agrees that attendance at the Event is conditioned on such compliance.

The Holder agrees, on behalf of the Holder and Holder’s Related Persons (defined
below), that the Holder and each such other individual will not attend the Event
if any such individual has been directed by a healthcare provider or public
health authority to quarantine, isolate, or otherwise refrain from interacting
with members of the public due to a diagnosis of or exposure to COVID-19 or any
illness or other medical condition.

To ensure that all Event patrons agree to, and comply with, all Safety
Requirements and all other NBA, Team and Arena rules, this ticket may not be
resold or offered for resale on any platform other than a platform expressly
authorized by the Team or the NBA.  Without limiting the foregoing, any transfer
of this ticket to any person who fails to satisfy any Safety Requirement may be
voided by the Team and this ticket cancelled.

Breach of any of these terms, failure to comply with Safety Requirements or NBA,
Team and/or Arena rules, or the refunding to the Holder of the Face Value, shall
automatically terminate any rights that the Holder may have hereunder; shall
render illegal and unauthorized the Holder’s use of the ticket for any purpose;
and shall authorize the Team and/or the NBA to withdraw the ticket, refuse
admission to the Arena, or eject the Holder from the Arena, without refund or
credit in each case, and subject the Holder to all legal remedies available to
the NBA, Team and/or Arena.

The Holder expressly acknowledges an inherent risk of exposure to COVID-19
exists in any place where people gather and that no precautions (including the
Safety Requirements described ABOVE) can eliminate the risk of exposure to
COVID-19.  COVID-19 is an extremely contagious disease that can lead to severe
illness and death.  While people of all ages and health conditions have been
adversely affected by COVID-19, certain CATEGORIES OF people have been
identified by public health authorities as having greater risk based on age and
underlying medical conditions.  THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES
ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING
ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE
DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A
COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY,
AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT
(INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO,
DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR
OTHERWISE.

On behalf of the Holder and the Holder’s Related Persons (defined below), the
Holder further hereby releases (and covenants not to sue) each of the Released
Parties (defined below) with respect to any and all claims that the Holder or
any of the Holder’s Related Persons may have (or hereafter accrue) against any
of the Released Parties and that relate in any way to (i) exposure to COVID-19;
(ii) entry into, or presence within or around, the Arena or the Event (including
all risks related thereto) or compliance with any protocols or Safety
Requirements applicable to the Event; or (iii) any interaction between the
Holder and the Holder’s Related Persons, on the one hand, and any personnel of
any of the Released Parties present at the Event, on the other hand, in each
case whether caused by any action, inaction or negligence of any Released Party
or otherwise.

As used herein:

 * “Related Persons” means the Holder’s heirs, assigns, executors,
   administrators, next of kin, anyone attending the Event with the Holder or
   for whom Holder has obtained an Event ticket (which persons the Holder
   represents have authorized the Holder to act on their behalf for purposes of
   these terms), and other persons acting or purporting to act on the Holder’s
   or their behalf.

 * “Released Parties” means: (i) the National Basketball Association and its
   member teams (including the Team), and each of their respective direct and
   indirect owners, affiliates, players and coaches, administrators, designees,
   licensees, and other personnel; (ii) the direct and indirect owners, lessees
   and sublessees of the Arena; (iii) all third parties performing services at
   the Arena; (iv) any parents, subsidiaries, affiliated and related companies
   of each of the entities described in clauses (i)-(iii); and (v) the officers,
   directors, owners, members, managers, partners, employers, employees, agents,
   contractors and sub-contractors (and employees of such contractors and
   sub-contractors), insurers, representatives, other personnel, successors
   and/or assigns of each of the foregoing entities and persons described in
   clauses (i) – (iv), whether past, present or future and whether in their
   institutional or personal capacities.

The Holder and the Holder’s belongings may be searched upon entry into the Arena
and/or other security checkpoints, prohibited items (which may include, without
limitation, bags) may be confiscated at the sole discretion of the NBA, Team
and/or Arena, and the Holder hereby consents to the foregoing and waives any
related claims that might arise against the NBA, Team or Arena.  If the Holder
elects not to consent, the Holder will be denied entry into the Arena without
refund or credit.

The Holder grants permission to the NBA and Team (and their respective designees
and agents) to utilize the Holder’s image, likeness, actions and statements in
any live or recorded audio, video, film, or photographic display or other
transmission, exhibition, publication or reproduction made of, or at, the Event
in any medium, whether now known or hereafter created, or context for any
purpose, including commercial or promotional purposes, without further
authorization or compensation.  In addition, the Holder grants to the NBA and
Team permission to collect, use, share and store certain Holder facial and other
biometric information as permitted by law, including for security purposes.

Without limiting the foregoing, the Holder agrees not to give or offer this
ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt
Practices Act, any other anti-bribery law or regulation, or any conflicts of
interest law, regulation, or policy.

Except as specifically provided herein, if any provision of these terms or the
Supplemental Terms is held by a court of competent jurisdiction to be unlawful,
void, invalid, or unenforceable, the remaining provisions shall remain in full
force and effect.

In the event of a conflict between Ticketmaster’s terms and these terms and
conditions, these terms and conditions will apply.

 

ADDITIONAL TERMS AND CONDITIONS FOR CLUB MAVERICK TICKET HOLDERS

By purchasing the ticket or any ticketing plan, You agree to the following terms
and conditions (hereinafter referred to as the “Agreement”): This Agreement
shall apply to all ticket purchases and payment plans, including any other
account with which You are associated. Team may amend this Agreement, from time
to time without notice, and shall be binding on You. By joining, You are
indicating that You understand the terms and conditions below.

Definitions

 * “Arena” shall mean American Airlines Center, located at 2500 Victory Avenue,
   Dallas Texas.
 * “Event” shall mean a non-Game event held by Team or Team partner, (e.g.,
   concerts and family shows).
 * “Game” shall mean an NBA pre-season, regular and/or playoff home game played
   at the Arena.
 * “Game Ticket” shall mean Your Game ticket(s) to a regular season game.
 * “NBA” shall mean the National Basketball Association or any successor or
   affiliate entity.
 * “Club Maverick Membership” shall mean a person or entity who has purchased a
   season ticket package (as defined by the Mavericks).
 * “Membership Benefits” shall mean the option to (i) purchase play-off game
   tickets, (ii) purchase tickets to other certain Events, (iii) receive certain
   discounts (including membership renewal discounts “Loyalty Pricing”), (iv)
   invitation to Mavs Relocation Event and (v) any other benefits that may come
   with the Club Maverick Membership.
 * “Team” shall mean Dallas Basketball Limited, holder of the Dallas Mavericks
   franchise, a professional NBA basketball team.
 * “You” or “Your” shall mean the person or entity that is entering into this
   Agreement as the registered Game Ticket holder, and, with respect to sections
   2, 4, 5, 6, and 8 – 20, any other person or entity associated with Your
   account (including but not limited to a business entity, or other
   organization; a family or household unit; a set of accounts that are in any
   way tied, linked, or related to a specific individual, entity, or
   organization; or any other group of individuals, entities, or organizations
   that the Team has determined, in its sole discretion, is in any way
   affiliated with each other or under common ownership, control or direction).
   If a Game Ticket is registered in the name of a legal business entity, a
   contact person must be identified, and the Team shall have the right to rely
   on the actions of such contact on the entity’s behalf. Only the first listed
   name on any account shall be recognized as the season-ticket holder. Team’s
   acceptance of payment for a Game Ticket or Membership Benefits from any
   person or entity other than You, does not grant any Game Tickets or
   Membership Benefits, any account access or any future account or credit
   rights, nor constitute an assignment or transfer thereof, to such person or
   entity. Any intentional misrepresentation of You in connection with your
   purchase of a Game Ticket will be deemed a breach of this Agreement.

Revocable License. Each ticket represents a separate, limited and revocable
license that only permits the holder, the right to attend the Game identified on
such ticket. No property rights and no renewal (except the 12-Month Auto-Renewal
Plan), or expectancy rights are conveyed under this Agreement, any ticket, or
any other item the Team may deliver to You. This Agreement and/or Your Game
Tickets, or Membership Benefits are revocable at any time by the Team, in its
sole and absolute discretion. Upon any revocation of a Game Ticket , in whole or
in part, the Team may, in its sole discretion, but shall not be limited to: (i)
cancel, inactivate and revoke any or all remaining Game Tickets (and deny the
holder admission to the Arena for such Games); and (ii) revoke any or all
Membership Benefits. Upon revocation of a Game Ticket with cause, the Team shall
have the right to retain any payments made subject to Section 13. Upon a
revocation of a Game Ticket without cause, the Team shall refund You any prepaid
payments made subject to Section 13. If the Team revokes any Game Tickets, with
cause, but does not revoke Your Club Maverick Membership, no refund will be paid
to You.

Payments. In consideration for a Game Ticket and Membership Benefits, You shall
timely pay to Team the required fee via Account Manager provided by Ticketmaster
(“Fee”). All payments by You in connection with Your Game Tickets shall be made
without offset, deduction or counterclaim. You agree and acknowledge that any
deposit or other consideration that the Team receives from You in connection
with Your Game Tickets and/or Membership Benefits shall be non-refundable, and
not used towards an exchange except where allowed herein.

No Assignment.Except as stated in Section 5, You shall not assign, sell,
sublicense or otherwise transfer any of Your rights and obligations hereunder.
Game or Event tickets may not be used for advertising or promotion (including
contests or sweepstakes) or other trade purposes without Team’s prior written
consent.

Resale. Tickets may be resold through Mavs.com Ticket Resale Program,
NBATickets.com Resale Marketplace or TicketMaster.com via Account Manager. Any
sale, assignment or transfer of tickets must comply with this Agreement,
applicable law and relevant policies. Sale or resale of any game tickets by
unauthorized means is prohibited. Team reserves the right to cancel or revoke
tickets without refund that are resold by unauthorized means. If You repeatedly
sell Your tickets, Your Game Tickets may be subject to cancellation at Team’s
sole discretion. If You transfer Your mobile tickets by sending screen grabs of
tickets, Your Membership is subject to cancellation. You represent and warrant
that Your intent to purchase a Game Ticket is for Your personal amusement and
not for any commercial purpose. You agree not to circumvent, avoid, bypass or
obviate, directly or indirectly the intent of this Agreement.

Cancellation/Renewal.Your opportunity to purchase or renew any Game Tickets, is
a privilege granted by Team and may be withdrawn by Team at any time in Team’s
sole discretion. Team may cancel Your Game Ticket at any time for any or no
reason whatsoever, including Your failure to remit payment in accordance with
this Agreement and in such event, where applicable, the Team may at its sole
discretion immediately cancel and inactivate Your Club Maverick Membership
and/or Membership Benefits, with no further obligations owed to You. In such
case, You agree to immediately return all Game tickets to Team (if any ticket
has been issued) upon Team’s request. If You are on the 12-Month Auto-Renewal
Plan, in February of the applicable year, You will receive a statement
indicating the price of Your Game Tickets for the upcoming season. You must
notify Team in writing on or before March 15 of the applicable year that You
wish to opt-out of Your Game Tickets for the subsequent season. Absent such
written notification, Your credit card will be charged a non-refundable amount
on March 15 for the upcoming season accordingly. NO REFUNDS OR CANCELLATIONS ARE
ALLOWED ONCE A PAYMENT IS MADE FOR A RESPECTIVE SEASON, EXCEPT WHERE EXPLICTLY
PROVIDED HEREIN.

Monthly Auto-Renewal. This plan is a convenient way for You to spread out Your
Club Maverick Membership payments. This option is specific to Club Maverick
members and does not change Your rights to Game Tickets or Membership Benefits.
In order to participate a valid credit card or bank routing number must be on
file for each respective account. The first installment payment is due upon sign
up. Once the Team has received Your first installment payment You are locked-in
for the 2023-24 Season and Your Club Maverick Membership will automatically
renew each prospective season at our discounted Club Maverick Membership Loyalty
Pricing. The subsequent eleven (11) monthly installment payments will be
processed each month starting April 2023, on either the 15thor the first
business date thereafter. Each payment is approximately equal to 1/12th of Your
overall payment. When applicable You will have the ability to purchase playoff
tickets for each respective season consistent with standard play-off ticket
polices in place at the time. If You do not want play-off tickets, no action is
required. Accounts thirty (30) days delinquent will lose discounted Loyalty
Pricing and proceeding payments will be adjusted accordingly to the standard
season ticket price; access to transfer and sell tickets will be blocked; and
tickets will be denied admittance at Arena. Team reserves the right to demand
that the account be paid in full prior to reinstating the use of tickets.
Accounts forty-five (45) days delinquent will be terminated. NO REFUNDS OR
CANCELLATIONS ONCE PAYMENT IS MADE, and any Games missed as a result of a
delinquent account are at Your sole expense. If You are delinquent on multiple
monthly installment payments, Team reserves the right to remove You from the
Monthly Auto-Renewal Plan

Improper Conduct. You shall, and shall cause all Your guest using Game tickets
or other Membership Benefits to observe and comply with this Agreement and all
other rules, regulations, policies and procedures, which may be adopted by Team,
Arena, or NBA from time to time including without limitation: (i) all policies
with respect to the cancellation, postponement or rescheduling of a Game and/or
Event; (ii) all announcements issued over Arena public address system; and (iii)
the NBA Fan Code of conduct and all other NBA rules related to fan conduct or
otherwise; and (iv) all applicable federal, state and local laws, rules,
regulations, decrees and orders from government agencies. You are held
responsible for all acts of Your guests. Team and Arena reserve the right, in
their sole discretion, to refuse admission or eject any person whose conduct is
deemed inappropriate, disorderly, or otherwise in violation of any rules,
regulations policies or laws referenced above. No failure by Team to exercise
any right or remedy in connection with a breach by any person or entity of any
provision hereunder, including this Section 8, shall operate as a waiver of such
right or remedy with respect to a breach by any other person or entity,
including You, of any provision herein and specifically this Section 8. Team,
Arena, and the NBA reserve the right to modify from time to time any of its
respective policies and procedures, including but not limited to, those relating
to the licensing of season tickets.

Consent/Use of Image.In consideration of the benefits of a Game Ticket You
hereby grant to the Team and the NBA and their designees and agents the absolute
right and permission to utilize Your image, likeness, voice, actions and
statements (“Materials”) in any live or recorded audio, video, film, or
photographic display or other transmission, exhibition, publication or
reproductions made in connection with an Event in any medium, whether now known
or hereinafter created, for any purpose, including commercials or promotional
purposes, without further authorization or compensation. You hereby waive and
release any and all claims You may have against the Team, and/or the NBA with
respect to the Materials.

Consent/Use of Personal Information. You consent that Team is permitted to
collect, hold, store, process, modify, transfer, or delete certain personal (and
sensitive) data in any medium about You for marketing purposes and Team may
disclose such information to its third party partners for such purposes.

Game-data. All game attendees are reminded that the unauthorized collection or
distribution of game data, including statistics or play-by-play information for
any commercial purpose is strictly prohibited. Violators are subject to
ejection, in addition to all penalties and remedies provided by law, and in this
Agreement.

Non-Occurrence.Team’s issuance of tickets shall not operate as or constitute any
warranty, representation, covenant, or guarantee by Team that any number of
Games or Events shall occur at the Arena. You acknowledge and agree that Team
and/or the NBA may cancel, postpone, reschedule, or relocate Games for any
reason (e.g. move a Game from Arena to an alternative venue or force majeure
event) as determined in its/their sole discretion, as well as to modify, or
discontinue any aspect of the rules, operations and presentations of Games and
Events. In the event any Game for which tickets have been purchased under this
Agreement is not played or presented in the Arena for any reason (“Lost Game”),
including, without, limitation, an event of Force Majeure, a work stoppage or
labor dispute by and among the NBA and/or their respective players or any other
cause, such event shall in no way be deemed, argued or construed to be a breach
by Team of this Agreement or any other terms, conditions, agreement or other
duties or obligations in connection with the sale and use of tickets and You
hereby waive and release any and all claims You may have against Team, and/or
the NBA and their designees and agents with respect to such Lost Game. For
purposes of this Agreement, an Event of Force Majeure shall include fire,
earthquake, pandemic, epidemic, explosion, casualty, war riot, civil
disturbance, act of public enemy, embargo, act of God, strikes or lockouts that
are not work stoppages, market shortages of labor or materials, accidents, or
any other event or circumstance beyond the reasonable control of Team, NBA or
Arena. Except as otherwise specifically provided herein, You will not be
entitled to any reductions, credit, or refund resulting from a Lost Game
regardless of the cause.

Default/Termination.Upon a breach of this Agreement, and in addition to any
other remedies, Team at its sole option may, do any one or more of the
following: (i), immediately cancel, revoke and inactivate all or a portion of
Your Game Tickets (including restriction of entry into the Arena), (ii) apply
any amounts previously paid (regardless of how such amounts are attributed)
towards any Damages (as defined in this Section 13) with no obligation to return
or refund such amounts, (iii) revoke any rights You may have been granted in
connection with purchasing tickets to play-off games, (iv) suspend all or any
portion of Your rights hereunder and (v) terminate this Agreement in part or in
whole for cause, in each case Team shall have no liabilities or obligations of
any kind, provided that Team shall refund to You any amount previously paid by
You in excess of the damages caused by all defaults of You or Your guests,
licensees or affiliates, including without limitation costs of collection of any
amounts due, allowable costs of attorney fees and other costs and expenses
incurred in connection with enforcement of remedies for such default
(collectively, “Damages”).

Limitation of Liability.The AGGREGATE liability of the team, its designees,
agents and owners, for damages of any kind arising out of the purchase,
possession or use of a GAME ticket, including breach of contract, is limited to
a refund of the purchase price of the unused tickets. This remedy is exclusive.
In no event shall the team or its designees, agents, and owners be liable for
any indirect punitive, special, incidental or consequential damages.

Waiver of Liability for Personal Injury. The holder of any ticket issued by team
voluntarily assumes all risks and danger of loss or damage to property, personal
injury (including death) and all other hazards arising from or related in any
way to the event OR GAME for which the ticket is issued, however so caused and
whether by negligence or otherwise, whether occurring prior to, during or after
a game or event.

If any taxes or fees are levied, assessed, imposed or payable on any payments
made by You hereunder, You shall pay or reimburse Team for such taxes or fees
within thirty (30) days after receiving Team’s statement thereof. For the
purpose of this Section, taxes or fees payable or reimbursable by You shall
include, without limitation, all federal, state, or local gross receipts or
proceeds taxes, and all privilege, sales, rent, admission, seat, amusement,
entertainment, ticket, or other taxes now known or hereafter levied, assessed or
imposed upon any payments made by You hereunder, or which Team or any affiliate
or successor thereof will be required to pay as a result of the receipt of the
payments made by You hereunder, and shall include any penalties and interest due
on any delinquent payments by You; provided, however, You shall not be obligated
to pay any amount on account of any real estate, franchise, or net income tax
paid or required to be paid by Team. Your obligations hereunder shall survive
the expiration or termination of this Agreement.

Change of Seat.Team reserves the right to change the location of Your seats, for
any playoff game (if You are expressly granted the right to purchase play-off
tickets), or in the event of a change of design or physical alteration to the
Arena (a “Seat Modification”). Such seat changes shall not be deemed to be a
breach of this Agreement. In the event of a Seat Modification, Team will make
reasonable efforts to change the location of Your seats. In the event You
request to change Your seat, and Team allows for such change, Your payments will
be adjusted accordingly.

Change of Address.As necessary and in any event no later than the end of each
Team season, You shall provide Team with written notification of all changes of
address and such notification shall include Your name, account number, daytime
phone number and accompanied by Your signature.

All rights and remedies of Team shall be cumulative. Any controversy or claim
arising out of or relating to this Agreement (including any breach thereof)
shall be settled by confidential arbitration in Dallas, Texas and administered
by the American Arbitration Association. Judgment on the award rendered by the
arbitrator may be entered in any court in the State of Texas. Any such
controversy or claim shall be arbitrated on an individual basis and shall not be
consolidated with any claim or controversy of any other party. The foregoing
shall not preclude Team from seeking any injunctive relief in State or Federal
courts. In the event a dispute goes to court You agree that this Agreement shall
be interpreted according to the laws of the State of Texas without giving effect
to its choice of law or conflicts of law provisions and that federal and state
courts in the State of Texas shall have personal jurisdiction over the parties
hereto, and that venue and forum shall be proper in such courts. All terms and
conditions are independent of each other. If any terms and conditions are
incapable or unenforceable, the balance of the terms and conditions shall remain
unaffected and in full force and effect. All parties agree that the Club
Maverick/Renewal Application may be executed electronically. You agree to keep
the terms and conditions of this Agreement confidential. This Agreement
constitutes the entire agreement between You and Team and supersedes all prior
agreements, understandings and representations relating to the subject matter
hereof.

Mobile Messaging. You may choose to receive mobile alerts by opting in. If You
do, You authorize Team to use automated technology to send messages to the
mobile phone number You supply when You sign up. You may receive up to 8
messages per month. Message and data rates may apply, according to Your rate
plan provided by Your wireless carrier. Team will not be responsible for any
text messaging or other wireless charges incurred by You or by a person who has
access to Your wireless device or telephone number. You may not receive Team
alerts if Your carrier does not permit text alerts. Your carrier may not allow
You to use pre-paid phones or calling plans to receive alerts. The Team may send
You a bounce back message for every message You send to us. Service may not be
compatible with all wireless carriers or devices. You may opt out of any alerts
by replying to an alert with the text message “STOP” or by sending the text
message “STOP” to the shortcode provided. If You opt out by sending us a text
message, the Team will send You a text to confirm Your request. It may take us
up to 10 days to remove Your mobile device number from our database. For
additional help, text “HELP” to the shortcode provided. Team is not responsible
for the accuracy of any information displayed in the mobile messaging, for any
misdelivery or untimely delivery of any mobile messaging, or Your deletion or
failure to store any mobile messaging from us.



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