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By signing the accompanying invoice (“Invoice”) or accepting the season tickets (“Season Tickets” or “Tickets”) referred to in the Invoice, Season Ticket Holder (“Holder”) agrees to the following terms and conditions (“Agreement”):

  Each playoff ticket (collectively, “Playoff Ticket” or “Ticket”) entitles Holder to admission to, if and as played,
Anaheim Ducks’ home games at the Honda Center (“Arena”) during Rounds 1 through 4 of the 2010 National Hockey League (“NHL”) playoff season (“Playoffs”) (i.e. 2010 Western Conference Quarterfinals, Western Conference Semi Finals, Western Conference Final and Stanley Cup Final).  Holder will have the same seat location for the Playoff Tickets throughout the Playoffs, subject to availability. Anaheim Ducks Hockey Club, LLC (“ADHC”) reserves the right to offer the Holder a relocated seat if the 2009-2010 NHL regular season (“Current Season”) seat location is not available during any home game in the Playoffs due to NHL, the Arena and/or ADHC’s commitments. The seat location of each Playoff Ticket is identified on the Invoice and will be identified on each Playoff Ticket.  This Agreement shall terminate upon conclusion of the Playoffs or immediately, at ADHC’s sole discretion, upon Holder’s breach of any provisions of this Agreement, including without limitation Holder’s failure to pay.  Playoff Tickets must be registered in the name of an individual or a legal business entity. This Agreement may not be assigned or transferred in any manner by the Holder to any other party. All Playoff and Season Tickets are issued and renewable at the sole discretion of ADHC and may be revoked at any time by ADHC without cause.

2.    PLAYOFF INVOICING.  The Invoice reflects the amount due for Holder’s Playoff Tickets if Holder elects to purchase Playoff Tickets.  The potential number of games per round that may be played is four (4). By signing the Invoice, Holder is committing to purchase Playoff Tickets for all four (4) rounds of the Playoffs.

3.    PAYMENTS.  Please note that Holder will forfeit its Current Season seat location for the Playoffs unless ADHC receives the following: (1) a signed Invoice indicating the payment plan that Holder has selected; and (2) Holder’s payment of the amount noted on the Invoice. All other payments for the Playoff Tickets must be received by the due date(s) on the Invoice, corresponding with the plan that Holder selects. Once Holder’s payment is received, there will be no changes and/or cancellations to the Playoff Tickets. Nothing herein constitutes a purchase or guarantee of seats or tickets for the NHL playoff games.

OPTION A--PAY AS WE PLAY.  By selecting this option on the Invoice, Holder is committing to renew Holder’s season seats on account for the 2010-2011 NHL regular season (“2010-11 Season”) and will be entitled to purchase the same number of Playoff strips for the Playoffs as Holder is renewing for the 2010-11 Season. In other words, if Holder is renewing four (4) seats for the 2010-11 Season, Holder may purchase four (4) Playoff strips. This option requires Holder to pay the first installment of the total fee for the 2010-11 Season seats (the amount of the first installment is noted on the Invoice) by March 15, 2010 and agree to the 2010-11 Season Ticket Terms and Conditions, a copy of which is provided with this Agreement. On March 15, 2010, the first installment noted on the Invoice will be charged to the credit card provided by Holder. When the Anaheim Ducks qualify for the first round of the Playoffs, the same credit card will be automatically charged for all four (4) games for the first round of the Playoffs. Thereafter, the same credit card will be automatically charged for all four (4) home games in each round (Rounds 2 through 4) of the Playoffs in which the Anaheim Ducks qualify. Credit card payments under this option may only be made using a single (1) credit card. If Holder wishes to select this option but prefer to pay by check or cash for the Playoff Tickets and 2010-11 Season ticket installment, please contact Holder’s Account Executive by phone. Please refer to the Invoice for payment amounts and due dates.

OPTION B--PAY AS WE PLAY.  When the Anaheim Ducks qualify for the first round of the Playoffs, the same credit card will be automatically charged for all four (4) games for the first round of the Playoffs. Thereafter, the same credit card will be automatically charged for all four (4) home games in each round (Rounds 2 through 4) of the Playoffs in which the Anaheim Ducks qualify. Credit card payments under this option may only be made using a single (1) credit card.

PAY IN FULL BY CREDIT CARD, CHECK OR CASH.  Contact Holder’s Account Executive to make arrangements to pay by check, cash or multiple credit cards. If Holder selects this option, payment for Playoff Tickets (Rounds 1-4) is due by March 15, 2010. The single payment may made using a check, money order, cash (in person only) or credit card (multiple cards will be accepted). In the event the Ducks do not qualify for playoffs, Holder can choose to rollover balance or receive a refund.  When paying with credit card, Holder may make the payments on-line (www.anaheimducks.com under the “My Ducks Account” on the ticket pull down menu), by mail, or by fax to: (714) 940-2833. When paying by check, Holder’s ADHC account number must be written on the check. When paying by check or money order, Holder may submit the payment by mail using the enclosed business reply envelope.

4.    TAXES.  Holder shall be responsible for and shall pay on a timely basis any and all current or future taxes, which any appropriate taxing authority determines to be due in connection with the terms of this Agreement. Without limiting the foregoing, in the event any tax shall become due with respect to Holder’s purchase, use or license of the Playoff Tickets, ADHC shall provide Holder with an invoice and Holder agrees to remit such amount to ADHC within ten (10) business days of receipt of such invoice.  Except pursuant to the terms hereof, ADHC shall not be obligated to refund any amounts paid by Holder under this section.

5.    GAME DATES/TIMES.  All Playoff Tickets will be for Playoff games held at Arena. Due to the fact that the NHL controls all Playoff game scheduling, dates and times are to be determined, we ask that Holder pay close attention to the Anaheim Ducks website, www.anaheimducks.com for definitive information on Playoff game dates and times. ADHC also sends out email blasts, so please verify the email address on the enclosed account information so Holder can be notified as Playoff game dates become available.

6.    PLAYOFF TICKET RETURN POLICY.  THERE ARE NO REFUNDS, EXCHANGES, OR CREDITS FOR PLAYOFF GAMES THAT HAVE BEEN PLAYED. Refunds of installment payments made towards Holder’s purchase of Playoff Tickets may be given only after the Playoffs have concluded and only for Playoff games that were not played. For more information, contact your Account Executive.

7.    CREDITS OR REFUNDS FOR UNPLAYED GAMES.  Should the Anaheim Ducks be eliminated from the Playoffs or if Playoff games included in Holder’s purchase are not played, the amount paid for unplayed games will be automatically applied to the purchase of Holder’s 2010-11 Season tickets unless Holder is entitled to and elects the refund option located on the front of the Invoice. Do not return Playoff Tickets for unplayed games. These tickets will not be honored for refund at any location.  Should Holder elect the refund option, please allow approximately thirty (30) business days for processing and mailing of refund checks or credit card payments. No interest will be paid on any refunded amounts. Important: Refunds will only be issued in the same form in which payment was made and to the primary ticket holder of record, to the address on file.

8.    DELIVERY OF TICKETS.  Tickets will be delivered to the ticket holder of record at the address on file with ADHC. Due to time constraints, the Honda Center Box Office, Will Call window and Anaheim Ducks Ticket Office will not distribute Playoff Tickets. For the security of the Playoff Tickets, address changes must be submitted in writing, signed by the ticket holder of record and accompanied by a valid copy of the ticket holder of record’s photo I.D. Delivery of Playoff tickets will be made via Fed Ex or UPS. Holders with P.O. boxes on file with ADHC will receive tickets by regular U.S. mail. If Holder misses the initial delivery, instructions will be left by the carrier on how to arrange for redelivery or pick-up at their location.

9.    LOST OR STOLEN TICKETS.  Please safeguard the Playoff Tickets and handle them as one would handle cash. The risk of loss or theft passes to the ticket holder of record upon receipt of the Playoff Tickets. Replacement Playoff Tickets may be issued, at ADHC’s sole discretion.
•    Stolen Playoff Tickets will be replaced only when an official police report is presented to the Anaheim Ducks Ticketing Department by the ticket holder of record. These replacements will be honored over the Playoff Tickets originally issued and the original Playoff Tickets will be disabled. There is no fee to replace stolen Tickets when accompanied with a police report.
•    Lost Playoff Tickets (including damaged, left at home or incorrect ticket presented for admission) will be replaced only when the ticket holder of record reports the loss to the Anaheim Ducks Ticketing Department in writing by mail or fax, and includes a copy of the ticket holder’s valid photo I.D. Replacements, in person, via phone or on game day at the box office, are issued only to the ticket holder of record when a valid photo I.D. is presented and a fee of $5.00 per Ticket is paid.

Playoff Tickets may not be resold for an amount in excess of any amount allowed by federal, state or local law and may only be resold by an authorized Ticketmaster resale product. Persons who sell or offer Tickets for sale on Arena premises will be removed and prosecuted and may lose future rights to purchase Tickets for events at the Arena.

11.    ADVERTISING AND PROMOTIONS.  Playoff Tickets may not be used for contests, sweepstakes or other promotional purposes (including without limitation, as raffle prizes for charities) without the express written consent of ADHC and the Office of the Commissioner of the NHL.

Holder and any person using a Playoff Ticket shall not bring food or beverages of any kind into the Arena and shall not attach, hang or display advertisements or other notices in the Arena. Holder is responsible for all personal property brought to the Arena. Smoking in the Arena is strictly prohibited. The use of laser pointers, video or audio recording equipment, tri-pods, extended length zoom lenses and other professional camera equipment in the Arena is prohibited. ADHC, and its employees and agents, reserve the right to confiscate laser pointers, tape or film and evict any Holders or other ticket users from the Arena.

13.    PERSONAL INJURY, LOSS AND INDEMNIFICATION.  HOLDER AGREES TO INDEMNIFY AND HOLD HARMLESS ADHC, ANAHEIM ARENA MANAGEMENT, LLC (“AAM”), THE CITY OF ANAHEIM, ANAHEIM PUBLIC IMPROVEMENT CORPORATION (“APIC”) and each of their respective parent and affiliated companies and their respective directors, officers, members, owners, agents, employees and servants (collectively “Indemnitees”) from and against any and all claims, suits, causes of action, damages, losses, liabilities, costs and expenses (including without limitation, reasonable attorneys’ fees and court costs) of any kind whatsoever (collectively “Claims”) arising out of or in connection with Holder or its agents’, employees’, guests’ or assigns’ or transferees’ (i) use of the Tickets and/or seats, (ii) breach of this agreement, or (iii) act or omission, neglect or wrongdoing.  Holder shall, at Holder’s sole cost and expense, defend (with counsel acceptable to the Indemnitees) the Indemnitees against any and all such Claims. Holder acknowledges that its obligations under this section shall survive termination of this Agreement.  Holder and all persons using a Playoff Ticket assumes all risk and danger of personal injury, death and all other hazards and losses, both personal and property, arising from or related by any way to the Playoff Tickets or a game for which a Playoff Ticket is issued, whether occurring prior to, during or after the game including, without limitation, the risk of being injured by a hockey puck, hockey stick, objects (including thrown objects), spectators, players, or acts of negligence and the Holder and user of a Playoff Ticket hereby releases ADHC, the NHL and each of its member clubs, the City of Anaheim, APIC and AAM and each of their respective affiliates, parent companies and officers, employees and agents of each from any such claims or injuries.

While in the Arena or adjacent parking areas, Holder agrees to comply with all applicable local, state and federal laws as well as all rules or regulations adopted from time to time by ADHC or AAM.  Violation of the above-referenced rules and regulations may subject the Holder, and any person using a Playoff Ticket, to eviction from the Arena and/or loss of current and future playoff and season ticket privileges.

15.    MODIFICATION.  ADHC reserves the right at anytime to modify, amend or supplement these terms and conditions.

16.    WAIVER.  ADHC’s waiver of any provisions in this Agreement must be in writing and signed by an authorized ADHC representative.  Waiver by ADHC of Holder’s breach of any provision of this Agreement shall not operate or be construed as a continuing waiver.

17.    GOVERNING LAW.  This Agreement shall be governed by and construed in accordance with the laws of the State of California and Holder consents to the exclusive venue and jurisdiction of the Superior Courts of California, Orange County.

18.    NOTICES.  All written notices by Holder shall be mailed to Anaheim Ducks Hockey Club, LLC, Attn: Ticket Office, 2695 E. Katella Avenue, Anaheim, CA 92806 or faxed to: (714) 940-2833.

Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents of this Agreement.

For more information, please contact your personal Account Executive at 1-877-WILD WING (945-3946) or Fax (714) 940-2833.

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