Ticket and Automatic Renewal Terms and Conditions
THIS AGREEMENT CONTAINS AN AUTOMATIC RENEWAL FEATURE. IF YOU ENROLL IN THE TICKET PLAN (AS DEFINED BELOW), YOU WILL BE CHARGED, AND PAYMENTS WILL CONTINUE TO BE PROCESSED, FOR TICKETS UNTIL YOU OPT-OUT. YOU WILL BE OFFERED THE OPPORTUNITY TO OPT-OUT ANNUALLY DURING AN OPT-OUT WINDOW WHICH WILL BE SPECIFIED ON THE APPLICABLE YEARS’S INVOICE BUT IN NO EVENT LATER THAN 30 DAYS AFTER RECEIPT OF THE INVOICE WHICH WILL BE SENT TO YOU AFTER THE CURRENT YEAR FORMULA 1 UNITED STATES GRAND PRIX RACE. YOU ACKNOWLEDGE RESPONSIBILITY FOR PAYMENT OF THE TICKETS AND ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, SUBJECT TO ANY AMENDMENTS MADE FROM TIME TO TIME, FOR SO LONG AS YOUR AUTO-RENEWAL TICKET PLAN REMAINS IN EFFECT:
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER. THE ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR COTA RESOLVE ANY CLAIM.
This Ticket and Automatic Renewal Terms and Conditions (“Agreement”) governs your purchase of ticket(s) (“Ticket” or “Tickets”) to the Formula 1 United States Grand Prix (“F1 US Grand Prix”) at The Circuit of The Americas (“COTA”) in Austin, Texas for the current year and for any subsequent years for which you do not opt-out and the program continues (“Ticket Plan”). This Agreement governs the terms of your Ticket purchase regardless of the manner in which you have agreed to purchase the Tickets. As set forth more fully in this Agreement, with respect to the Ticket Plan, this Agreement will automatically renew for subsequent years unless you opt-out or the program is terminated. The program may be terminated at any time at COTA’s discretion, including in the event that COTA is no longer the host of the F1 US Grand Prix.
- Ticket Plan Benefits. By enrolling in the Ticket Plan, you will be offered preferred pricing for the Tickets to attend the F1 US Grand Prix for subsequent years and the right to keep the same seat locations, subject to the terms of this Agreement. Prior to renewal, you will have the option to upgrade your seats or relocate your seats to another location. You can choose your preferred payment option, either pay-in-full option (“PIF”) or a 9-month plan that schedules a payment each month across a nine-month period (“Installment Plan”).
- Revocable License. The Ticket Plan is a revocable license issued by COTA to the individual or corporate entity name that appears on the account of record. Violation of these terms and conditions, violation of COTA Policies (defined below) and illegal or unauthorized reselling of the Tickets in violation of ticket policies of COTA or its vendor(s) shall entitle COTA to all available legal remedies, including but not limited to revocation or cancellation of your Ticket Plan and cancellation of the Tickets. COTA’s right to revoke described in this section is in addition to COTA’s right to terminate any Ticket or Ticket Plan as set forth herein. Use of any Tickets and attendance at any F1 US Grand Prix are also governed by (a) the Formula 1 United States Grand Prix Ticket Policy and the General Events Ticket Policy (collectively, the “Ticket Policies”) available at https://circuitoftheamericas.com/ticket-policy/, (b) COTA policies, including security, alcohol and appropriate conduct policies (the “COTA Policies”) available at https://circuitoftheamericas.com/venue-policies/ and as published on site, and (c) applicable laws, rules and regulations. If there is a conflict between any of the Terms of this Agreement and the Formula 1 United States Grand Prix Ticket Policy which can be found via the following hyperlink: https://circuitoftheamericas.com/ticket-policy/ with respect to the purchase of tickets for or attendance at the F1 US Grand Prix, the terms of the Formula 1 United States Grand Prix Ticket Policy will prevail.
- Payment Authorization. You understand that by enrolling in the Ticket Plan, you authorize COTA to charge your credit or debit card (the “Card”) on file for payment of the Tickets. You further understand that if you choose the Installment Plan that any subsequent installment charges will be made to your Card in association with the payment schedule on the first (1st) day of each designated month until the Tickets are paid in full. You hereby warrant that you have the authority to authorize charges to the Card for the Tickets. You further agree that COTA is not liable in any way for erroneous billing statements or incorrect charges and that should such an error occur in billing, you will notify COTA so that COTA can use commercially reasonable means to correct the error, if any, and you authorize COTA, if necessary, to electronically credit the Card to correct erroneous debits. You may cancel this payment authorization at any time by contacting us within such time as to allow a reasonable amount of time to process and act on your request (typically three 3 business days). Canceling this payment authorization will not affect any obligation you may have under this Agreement. Each charge to the Card will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.
- Declined Payments. You acknowledge that if the Card on file for payment of the Tickets changes or must be replaced, you will promptly notify COTA, and this authorization will remain in effect for the new credit or debit card. COTA reserves the right to charge a processing fee in the event a charge is refused for any reason.
- Automatic Renewal of Ticket Plan. For all Ticket Plan payments, your payment authorization shall remain in effect for so long as the Ticket Plan remains in effect. Provided your account is in good standing, the Ticket Plan shall be automatically renewed annually in accordance with the payment plan you selected (i.e., PIF or Installment Plan), until such time as you choose to opt-out of the Ticket Plan or the Ticket Plan program is terminated. You understand that Circuit of the Americas LLC reserves the right, upon written notification, to modify Ticket fees, Ticket Plan and/or terms and conditions, including cancellation of the Ticket Plan program, for future years. Following this year’s F1 US Grand Prix, we will send an invoice to you either via first class mail or email to the address or email address that you have provided to us which will specify the dates and estimated amounts of the Ticket payments that are scheduled to come due under the upcoming year’s Ticket Plan. Upon such notification, you will have thirty (30) days to opt out of the Ticket Plan for subsequent year’s F1 US Grand Prix (the “Opt-Out Window”). Such notice will provide instructions for you to opt out of the Ticket Plan via an online or telephone method that will be available during the Opt-Out Window. If you do not opt out during the Opt-Out Window, you forfeit the right to cancel the Ticket Plan for the upcoming year, and you will be charged in accordance with the payment plan you previously selected. If you timely opt out of the Ticket Plan for future years, you shall have no obligation for any future scheduled payment beyond the current Ticket Plan year.
- All Sales Final. Payments must be timely made on or before the agreed upon payment dates. For those on an Installment Plan, in the event you fail to make any timely required payments, COTA reserves the right to either (a) withhold the Tickets until payment is made and the account is in good standing or (b) terminate the Tickets and the Ticket Plan, with any payments made prior to the termination date forfeited by you. Refunds may require submission of evidence and are only available in the event of deployment for active military duty, or in the event of the death of the account holder and a transfer is not requested.
- Seating Changes. COTA reserves the right to temporarily or permanently relocate or remove your seats for any reasonable purpose in COTA’s sole discretion, in which case COTA will make reasonable efforts to relocate your seats to comparable seats of similar or greater value.
- Force Majeure. COTA shall not be responsible for any hinderances or delays brought about by any Force Majeure Event. “Force Majeure Event” means any cause beyond the reasonable control of COTA, including, without limitation, extreme weather, hurricane, drought, flood, earthquake, storm, fire, lightning, epidemic (including COVID-19 and variations or mutations thereof and any related epidemics, residual effects, economic impact and results thereof), war, riot, civil disturbance, sabotage, explosions, acts of terror, strikes, lock-outs or labor disputes, the existence of hazardous waste, unforeseen subsurface conditions, orders of any governmental entity, the absence, suspension, termination, interruption, denial, or failure of renewal of, or the pendency of any litigation relating to, any entitlements, applicable permits or any changes in law.
- Use of Image. You (and/or the user(s) of your Tickets for attendance at the F1 US Grand Prix grant to COTA or any other motor sports team or conference or association, and/or any third-party event organizer hosting events at F1 US Grand Prix (and their designees, agents, and partners) an irrevocable, perpetual right and license to use your (and/or your Ticket users’) image, likeness, actions, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction, in whole or in part, made of or at any F1 US Grand Prix at COTA in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
- Assumption of Risk. You and your guest(s) or anyone using your Tickets voluntarily assume all risk, hazard, and danger incidental and related to attending the F1 US Grand Prix at COTA, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus or other pathogen capable of causing a communicable disease or illness), the danger of being injured by projectiles (whether or not applicable to the event), drivers, participants, other patrons, and other event equipment, and the risk of lost, stolen or damaged property, and agree that COTA, any auto sports teams, and other individuals producing, performing, or participating in the F1 US Grand Prix are not liable for any injuries attributable to such causes.
- Release; Indemnity. You irrevocably waive and release on behalf of you and your guest(s) and any other person who uses the Tickets issued to you to attend the F1 US Grand Prix at COTA and each of their attorneys, partners, agents, successors, heirs, and assigns all claims, liabilities, or losses (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage, or otherwise) against COTA, any other motor sports teams or association, other participating clubs, third-party event organizers, and each of their parents, affiliates, subsidiaries, owners, officers, directors, employees, agents, and independent contractors (the “Released Parties”), arising from or in connection with this Agreement, including but not limited to each event you or any of your guest(s) attends at COTA (the “Released Claims”), notwithstanding that such Released Claims may have been caused by the negligent act or omission of such Released Parties; provided, the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties. You further agree to defend, indemnify, and hold harmless the Released Parties for any Released Claims asserted by you, your guest(s), or any other person who uses the Tickets issued to you to attend F1 US Grand Prix at COTA, including all attorneys’ fees and costs incurred by the Released Parties to defend such claims, provided the Released Claims shall not include claims for damages arising solely from the gross negligence or willful misconduct of the Released Parties.
- Choice of Law & Arbitration. This Agreement and any and all modifications thereof shall be governed by the laws of the State of Texas. In the event of a dispute between you and any of the Released Parties arising out of or concerning this Agreement, such dispute shall be settled by arbitration. Such arbitration shall be heard by a single arbitrator and commenced before the American Arbitration Association in Austin, Texas. The prevailing party (as determined by the arbitrator) shall be awarded all filing fees and related administrative costs. YOU AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- Severability. If any provision of this Agreement is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- Notices and Requests. All notices and requests relating to the Ticket Plan (including change of address) must be given in writing to COTA and emailed to [email protected] or sent to the attention of COTA Customer Service, 9201 Circuit of The Americas Blvd., Austin, TX 78617. All correspondence should include the any account number and daytime telephone number of the Ticket holder.