Purchase Agreement

This Event Suite License Agreement (“Agreement”) is entered into as of [DATE OF CONTRACT] by and between Gale Force Sports & Entertainment, L.L.C., a Delaware Limited Liability Company (“Licensor”) and the customer identified in the Order Summary section of this Agreement (hereinafter referred to as “Renter”).

1. EFFECTIVE DATE. This Agreement shall be effective only when both of the following occur: (a) this Agreement has been fully signed by both Licensor and User; and (b) User has paid Licensor the Security Deposit described in paragraph 5
2. USE;DATE;TICKETS. The Renter (as defined in the Order Summary) shall be entitled to use the suite at the Lenovo Center (the “Arena”) in Raleigh, North Carolina for the Event as defined in the Order Summary. All details related to the suite location, Event Date, and Event Description are as referenced in the Order Summary. The Renter shall be provided the number of suite tickets, any standing room only tickets, and parking passes as set forth in the Order Summary. All quantities, pricing, and related terms for these items are as referenced in the Order Summary.
3. USE FEE. The fee (“the Use Fee”) for the use of the Suite for the Event shall be the price referenced in the Order Summary. Unless otherwise agreed to in writing by Licensor, and at Licensor’s sole discretion, the Use Fee shall be deemed fully earned upon receipt and shall be non-refundable. Should the Event be canceled or moved to a different date for any reason, User and Licensor will make reasonable efforts to agree on a replacement date for User’s use of the Suite (or a comparable Suite elsewhere in the Arena), subject to availability. Provided that if the Event is canceled or moved to a different date, should User and Licensor fail to agree on a replacement date for User’s use of the Suite, Licensor shall within a reasonable time refund the Use Fee to the User. Changes in the scheduled starting time of the Event shall have no effect on this Agreement so long as the Event occurs on the date specified in paragraph 2. Further, in addition to the Use Fee, a credit card processing fee (“Credit Card Fee”) shall be assessed. Such Credit Card Fee shall be waived if user chooses to pay via check or wire transfer. All check and wire payments must be received no later than seven (7) business days prior to the event date. To send payment by wire transfer or check, please contact your Lenovo Center point of contact for instructions.
4. LIABILITY FOR DAMAGE AND MISCONDUCT. User shall be responsible for all damage, caused by User or User’s guests, to the Arena or to the Suite, or to any fixtures, furnishings, equipment or other property or items in either the Arena or the Suite. User shall, and hereby does, indemnify and hold harmless Gale Force Sports & Entertainment L.L.C., Gale Force Holdings, Limited Partnership, DCP HH LLC, KT Sports & Entertainment, Inc., Hurricanes Holdings, L.L.C., the Lenovo Center, their respective principals, members, officials, officers, directors, shareholders, employees, and agents, their respective parent and affiliate companies and their respective Successors or Assigns as now or hereafter may be constituted and the Centennial Authority, the City of Raleigh, North Carolina, the State of North Carolina, North Carolina State University, and their departments, divisions, commissions, and boards and their respective principals, members, officials, officers, directors, shareholders, employees, and agents (collectively, the Indemnitees) from and against any and all loss, cost, claim, expense, damage, or liability of any kind or nature (including, without limitation, property damage and bodily injury) caused or created by or resulting from the conduct, act, or omission of the User or any of User’s guests (whether or not such act or conduct may be characterized as negligent, reckless, intentional, unlawful or otherwise), in or about the Suite and in or about the Arena (and in or about any parking lot used by User or any of User’s guests in connection with the Event). The fact that Licensor holds the Use Fee for the Event shall not limit or affect the User’s liability under this paragraph 4 (or under any other provision of this agreement).
5. RE-SALE OF TICKETS OR SUITE. User hereby represents and warrants that it is entering into this Agreement and purchasing the tickets and use of the Suite for the Event solely for use by User and User’s guests, and not for resale. While User may, at its option, charge its guests for their tickets at an amount which does not exceed the Purchase Price (as defined below), any resale or attempted resale at a higher price than the Purchase Price, and any attempted assignment, sale, or other transfer of this Agreement or User’s rights hereunder, is strictly prohibited, and will give the Licensor the right to seize such tickets, and cancel this agreement, without any refund or other compensation, and without returning or refunding the Use Fee or any portion thereof. For purposes of this paragraph 7, the term “Purchase Price” shall mean, as to any ticket, either of the following: (a) if a price (other than zero) is actually printed on such ticket, such printed ticket price; or (b) if no price is actually printed on such ticket (or if the ticket shows a price of zero), an amount equal to the Use Fee divided by the number of tickets (including SRO tickets) to be provided to User pursuant to the second sentence of paragraph 2 above.
6. BANNERS, SIGNS, ADVERTISING. Neither User nor User’s guests shall hang signs or banners of any kind from the Suite, or hang or place within the Suite any signs, banners, merchandise or advertising of any kind which would be visible from outside the Suite, without express written permission from Licensor.
7. NO TRANSMISSIONS. Neither User nor User’s guests shall transmit or aid in transmitting any description, account, picture, or reproduction of the Event.
8. RULES, REGULATIONS, AND POLICIES. User and User’s guests shall comply with all rules, regulations, and policies adopted from time to time by the Licensor, applicable generally to persons attending Events at the Arena, and with all rules, regulations, and policies adopted from time to time by Licensor, applicable to the use and occupation of Suites within the Arena.
9. REMEDIES. Without limiting the remedies available to the Licensor at law or in equity (including, but not limited to, the right to keep the Use Fee or any portion thereof), in the event of any breach by User or any of User’s guests of any provision of this agreement, Licensor may, at its sole discretion, refuse User or any of User’s guests permission to enter or remain in the Arena or the Suite, may eject User or any of User’s guests from the Arena and the Suite, may remove from the Arena and the Suite property of User or any of User’s guests, and may terminate this Agreement and cancel all tickets and passes issued pursuant hereto.
1. In the event that any dispute arises in the interpretation of the performance of the terms of the Agreement, it is understood and agreed by and between the parties thereto that Licensor shall have the right to make a final determination of any and all disputes and such determination shall be binding upon the parties thereto; provided however, that such final determination shall not deprive the parties of any remedy they may have pursuant to Section 11(b) of this Agreement.
2. In the event of any dispute between Licensor and User that is not resolved under the terms of Section 11(a) of this Agreement, the parties agree that the state or federal courts in Wake County, North Carolina shall have exclusive jurisdiction and exclusive venue over any claims arising out of this agreement or out of the parties’ dealings or relationship and the parties further agree that North Carolina law (without reference to its conflicts of laws principles) or Federal law, as applicable, shall govern all such claims.
10. ENTIRE AGREEMENT; AMENDMENTS, SEVERABILITY. This Agreement, together with the terms and conditions printed on any tickets or passes issued pursuant hereto which are incorporated herein by reference, represents the entire agreement between Licensor and User with respect to the subject matter hereof. Except as otherwise provided in this Agreement, this Agreement shall not be amended, modified, or terminated except by written instrument signed by both Licensor and User. In the event any provision of this Agreement shall be held to be void or unenforceable, the remaining provisions hereof shall remain in full force and effect to the maximum extent permitted by law.
11. INTERPRETATION. This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. In interpreting this Agreement, where appropriate given the context, singular terms shall include the plural, and vice versa, and words indicating masculine, feminine, or neuter gender shall include each of the other genders.