ACKNOWLEDGMENT OF SINGLE EVENT SUITE LICENSE
ANGEL OF THE WINDS ARENA
THE UNDERSIGNED ("Licensee"), as a condition to licensing from the Everett Public Facilities District, a Washington Municipal Corporation, by its agent Global Spectrum, L.P. (“Operator”), operator and manager of Angel Of The Winds Arena (“Facility”), the use of an upper level or lower level suite or lounge (the "Premium Seating") in "Angel Of The Winds Arena" (hereinafter referred to as the "Facility") for a single event (the "Event"), hereby acknowledges and agrees to be bound by and fully comply with the following terms and conditions of this license: THIS LICENSE AGREEMENT (“Agreement” or “License”) is made the applicable purchase date of suite rental via FEVO, by and between GLOBAL SPECTRUM, L.P., a Delaware limited partnership (hereinafter referred to as "Operator"), of the indoor sports and entertainment facility located at 2000 Hewitt Avenue, Suite 200, Everett, WA 98201, currently known as “Angel Of The Winds Arena” (hereinafter referred to as the “Facility”), serving as a sales agent for the Everett Public Facilities District, owner of the facility, and the ticket purchaser, organized under the laws of the State of Washington (hereinafter referred to as "Licensee").
1. License Fee; Refunds and Cancellation Policy.
Licensee hereby acknowledges that the license fee charged for use of the Premium Seating at the Event (the "License Fee") is NOT REFUNDABLE, except in the event that (i) the Event is canceled or rescheduled by the sponsor or promoter thereof, in which event Licensee shall be entitled to receive a full refund upon returning all tickets for the Premium Seating and any related parking passes to Operator, or (ii) Operator receives from Licensee written notice of cancellation, together with any and all tickets and parking passes for Premium Seating previously delivered to Licensee, not less than thirty (30) days before the Event. If Licensee fails to deliver such notice and/or include such tickets and parking passes as required by clause (ii) of the preceding sentence, Licensee shall forfeit, and Operator shall have no obligation to refund, the License Fee or any portion thereof. Licensee agrees that the above cancellation policy is reasonable under the circumstances and in light of the damage that Operator may suffer upon a cancellation less than thirty (30) days prior to the date of the Event.
2. Rules Applicable to Use of Premium Seating.
Licensee shall use the Licensee Premium Seating solely for observance of the Event at the Facility. Licensee, its guests and invitees shall fully comply with and be bound by, and license of the Premium Seating is conditioned upon such persons' strict compliance with, (i) all applicable governmental laws, rules, regulations and orders, (ii) such conditions of use as are generally applicable to licensees of Operator's premium seating at the Facility, and (iii) all other rules and regulations as Operator may promulgate from time to time for the use and occupancy of the Facility, including but not limited to rules prohibiting (1) admission to the Facility and the Premium Seating except by presentation of a ticket and (2) bringing outside food or beverage into the Facility or the Premium Seating.
3. Assignment or Subletting: Resale of Tickets.
Licensee shall have no right to assign its right to use the Premium Seating without Operator's prior written consent, which consent may be withheld in Operator's sole discretion. Licensee shall not sell, resell or attempt to sell or resell any tickets issued to Licensee for admission to the Premium Seating in violation of the statutory resale restrictions of the State of Washington (regardless of whether the tickets are resold or offered for resale in another province). Any such sale or resale of tickets shall be deemed a material breach of the terms and conditions of license and shall entitle Operator, among other things, to seize and compel return of tickets and refuse such assignees or purchasers admission to the Facility and the Premium Seating without refund or other compensation. Irrespective of any resale, Licensee shall continue to be bound by the terms and conditions of this license, including without limitation the provisions of Articles II and IV hereof.
4. Liability of Licensee for Loss, Damage, or Injury.
Operator shall not be responsible for theft or any other loss, misplacement or other disappearance of any of the property of Licensee or Licensee's guests or invitees from in or around the Premium Seating or the Facility. Licensee shall reimburse Operator for any destruction of or damage to the Premium Seating or any of Operator's property situated in or about the Facility which is caused by any act, negligence, fault or omission of Licensee, its guests or invitees. Licensee shall indemnify, defend and hold harmless Operator, the Everett Public Facilities District and their respective affiliates from and against any and all claims, damages or liability (including reasonable attorneys' fees) arising out of Licensee's use of the Premium Seating or occasioned within the Premium Seating while licensed by Licensee.
5. Alcohol Consumption and Disorderly Conduct
Licensee is held liable for all guests and invitees that drink alcohol in the suite to drink responsibly. To maintain compliance with the rules and regulations set forth by the State of Washington, we ask that you adhere to the following: Alcoholic beverages cannot be brought into or taken out of the Facility. It is the responsibility of the Licensee or their Representative to monitor and control alcohol consumption within the Premium Seating. Minors (those under the age of 21), by law, are not permitted to consume alcoholic beverages. It is unlawful to serve alcoholic beverages to an intoxicated person. Premium Seating guests are not permitted to take cans, bottles or glasses outside the suite level area. Drinks taken into the suite level hallway must be poured into disposable cups. Please note, however, that no drinks may leave the suite level. During some events, alcohol consumption may be restricted. The Facility expects its guests to display proper behavior while attending events. Foul abusive language, drunken and/or rowdy behavior will not be tolerated and will be cause for ejection and/or arrest. Guests are requested to notify the nearest event staff or security immediately if this behavior should occur near you. Guests must abide by policies set forth by the Facility, and local, state and federal government. Failure to abide by these rules and regulations can lead to ejection from the Facility. Any guest who is violating arena policy will first be asked to correct their behavior, if they fail to do so in a timely manner they will be ejected from the Facility.
The purchase of tickets acts as acknowledgment and agreement to the terms listed above.
Submitted by Premium Seating Salesperson:
Danielle Lothrop