Terms & Conditions
By agreeing to purchase a DTE Energy Music Theatre ("DTE") Royal subscription (the "Membership"), Member (as defined below) agrees to the following terms and conditions and represents and warrants that Member is authorized to agree to these terms and conditions (together with the accompanying invoice, the "Agreement") on behalf of the entity making such purchase (if not an individual):
1. Member: The "Member" shall be the person or legal business entity that is on record in the Palace Sports & Entertainment, LLC and/or Pine Knob Holdings, LLC (together, "PSE") database as the registered holder of the Membership. If a Membership is registered in the name of a legal business entity, a contact person must be identified for the limited purpose of correspondence and contact. PSE's acceptance of payment for the Membership from any person or entity other than the Member does not grant any rights to Tickets (as defined below) or any other Membership Privileges (as defined below), any account access or any future account or credit rights, nor constitute an assignment or transfer thereof, to such person or entity. This Membership provides Member with a revocable license to use the seats designated in the Agreement, (the "Seats") for all events at DTE that are made available for sale to the general public during the 2017 concert season at DTE, unless otherwise designated on the Agreement that such Membership shall last beyond the 2017 season. Members who possess a multi-year Membership shall be subject to the DTE Royal Member Terms as updated and modified by PSE at PSE's sole discretion throughout the term of Member's respective Membership.
2. Tickets: Each ticket covered by or otherwise licensed pursuant to this Membership license shall be referred to herein as a "Ticket". Tickets and any and all other benefits or privileges of Membership including but not limited to invitations to Member events shall be referred to herein as "Membership Privileges". The Tickets, which Member shall receive, are owned by PSE. Each Ticket represents a separate, limited and revocable license that only permits the bearer the right to attend the event at DTE identified on such Ticket and sit in the Seat location identified on such Ticket. The Tickets and all Membership Privileges are licensed solely to the Member. Any change in contact name or address regarding a Membership must be made in writing and be signed by the Member on company and/or personal letterhead.
3. Term: The term of this Membership shall commence on the date Member makes full or partial payment for the Membership or the day Member accepts delivery of Tickets, and shall continue until the last event of the 2017 concert season at DTE, unless otherwise designated on Member's respective Agreement.
4. Additional Membership Privileges: In addition to the Tickets, Member shall be entitled to access the Jeep Ivy Lounge (or any successor thereto) if such access is designated on Member's Tickets, for all events, subject in each case to the policies, laws, rules and regulations of PSE, DTE, Michigan Liquor Control Commission and/or the City of Clarkston.
5. Membership Fee and Default: All payments must be received by the dates listed on the Agreement. All Membership Privileges are revocable by PSE for failure to comply with any of the terms relating thereto, including without limitation, failure to make payment(s) hereunder when due. If Member defaults or breaches this agreement, PSE, at its option, may do any, some or all of the following: (A) suspend the Membership license and the other rights granted to Member hereunder without reducing or suspending the Membership fees, (B) accelerate all Membership fees due hereunder so that they are immediately due and payable, (C) upon written notice to Member, terminate Member's right to use the Tickets and any other Membership Privileges provided under this Agreement, or (D) pursue any other right or remedy available to PSE at law or in equity. Whether or not Member's right to use the Membership is terminated by PSE, PSE may recover damages from Member's breach or default. If Member's right to use the Tickets is terminated, Member will still be liable to PSE for damages and PSE may take exclusive possession of the Tickets without liability to Member for damages of any kind.
6. Fan Violation Policy: Member shall, and shall cause all guests using Tickets or other Membership Privileges to, comply with (i) all rules, regulations, policies and procedures adopted from time to time by PSE and/or DTE, including, without limitation, (x) all policies with respect to the cancellation, postponement or rescheduling of an event, (y) all announcements issued over DTE's public address system, and (z) the PSE Guest Code of Conduct, and (ii) all applicable federal, state and local laws, rules, regulations and orders of government authorities. PSE reserves the right to revoke Member's Membership license, and/or refuse admission to or eject from DTE any person whose conduct it deems disorderly or otherwise in violation of any rules, regulations, policies or laws referenced above. If Member or any guest thereof is refused entry to or ejected from DTE for such reason, Member shall forfeit any claim for a refund or credit. PSE reserves the right to take appropriate action against individuals who fraudulently obtain wheelchair and companion seats including, without limitation, ejection and legal action. If, while attending an event at DTE, Member or anyone using the Tickets or any other Membership Privileges violates local or state law or policies set by PSE or DTE, such violation may result in the seizure and/or termination of the Membership without refund or other compensation and Member shall be liable for breach hereof. The offending party may also be banned from DTE. By way of example, DTE will not tolerate abusive or obnoxious behavior, or behavior which violates or endangers other patrons, PSE and/or DTE employees. PSE does not permit spectators to throw objects of any kind or enter the stage area. If, in the opinion of PSE and/or DTE employees, a spectator is not complying with these rules, such spectator shall be issued a warning by DTE security. If such spectator continues to behave in such a manner, the spectator shall be ejected from DTE. If a Member or someone using tickets that are part of the Membership is ejected for a second time during the same concert season, PSE shall have the right to revoke the Membership and all rights attendant thereto without refund or compensation and Member shall be liable for breach hereof.
7. Resale of Tickets and Assignment: It is against PSE policy and state law to sell Tickets for more than the face ticket price. Any violation of this policy is grounds for immediate seizure and termination of all Tickets and Membership Privileges without refund or other compensation; constitutes a breach of this Agreement and may subject Member to criminal prosecution. Member may not assign this Membership license without the prior written consent of PSE. Resale is not permitted in or around DTE and may result in fine and/or arrest.
8. Revocable License: No property rights, and no renewal or expectancy rights, are conveyed under this Agreement. This Agreement and any or all of the Tickets and other Membership Privileges are revocable at any time by PSE, in their sole and absolute discretion, with cause (including a breach of this Agreement) or without cause. Upon any revocation of the Membership, PSE may, in their sole and absolute discretion, (i) cancel, deactivate and revoke any or all Tickets for the remaining events during the Term (and deny the holder of such revoked Tickets admission to DTE for the events to which such revoked Tickets apply) and (ii) revoke any or all other Membership Privileges. Upon a revocation of the Membership with cause, PSE shall have the right to retain any prepaid portion of the Membership fee. Upon a revocation of the Membership without cause, PSE shall refund to Member any prepaid portion of the Membership fee attributable to events for which Tickets are revoked. If PSE revokes any Tickets with cause but does not revoke the Membership, no refund will be paid to Member. If Member has signed an Agreement for a Membership designated to last beyond the 2017 concert season, PSE shall have the ability to terminate this Membership at the end of each respective concert season. Such termination shall terminate the Agreement as of October 1 of the applicable year.
9. No Renewal Right: This Membership license covers only those 2017 events at DTE to which the applicable Membership applies. Member hereby acknowledges and agrees that Member neither has a reasonable expectation, or any right or privilege, implied or otherwise, to (i) purchase or receive Tickets or other Membership Privileges for any subsequent season(s), or (ii) renew this Membership for any subsequent season(s). Member further acknowledges and agrees that if PSE (in its sole and absolute direction) offers Member the opportunity to renew the Membership, neither such offer nor any acceptance by Member shall create a course of dealing between Member and PSE or a reasonable expectation, right or privilege, implied or otherwise, to any further renewal.
10. Disputes: PSE shall, in their sole judgment, make any decisions and resolve all disputes between Member and PSE and any right attendant thereto. The venue for any lawsuit filed hereunder shall be Oakland County, Michigan.
11. Policies and Procedures: PSE reserves the right to modify these terms and conditions and any other policies and procedures related to the Membership, at any time and in their sole discretion.
12. Restrictions: Member agrees not to transmit, distribute or sell any description, account, picture, video, audio or other form of reproduction of any event or any surrounding activities for which any Tickets are issued. This Ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising promotions, contest or sweepstakes, without the express written consent of PSE. Any violation of this provision shall be a material breach of the Agreement.
13. Use of Image: Member, and those who use the Tickets, grant permission to PSE, DTE and the performing artist (and their respective licensees and agents) to utilize their image, likeness, actions and statements in any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of, or at, an event at DTE without further authorization or compensation.
14. Time Changes: Dates and times of all events are subject to change without notice. It is the responsibility of the Member to notify any recipient(s) of Ticket(s) of any changes in event time or date.
15. Liability: (A) PSE and the other Releasees' (as defined below) liability for damages of any kind arising out of this Membership license is limited to a refund of the actual Membership fee paid by Member for the unused Tickets under this Membership license. This remedy is exclusive. For the avoidance of doubt, in no event shall PSE or any other Releasee be liable for any incidental, direct, indirect, special, punitive, exemplary or consequential damages or for lost profits, revenues or business opportunities even if such Releasee has been advised of the possibility of such damages or if such damages were foreseeable. (B) Member, on behalf of itself, its guests and any holder of any Ticket, voluntarily assumes all risk and danger of personal injury (including death), property damage, and all hazards arising from, or related in any way to, use of the Tickets and/or other Membership Privileges, whether occurring prior to, during, or after an event at DTE or Member event, in or around DTE or in any location where a Member event takes place, howsoever caused and whether by negligence or otherwise, including specifically but not exclusively the risk and danger of any injury, loss or damage by projected or thrown objects, the artists, or other spectators in any manner whatsoever. Member waives and releases, to the fullest extent permitted by law, all claims, whether known or unknown, relating to or arising from any such injury, loss or damage against PSE and their respective affiliates, and the officers, directors, managers, owners, employees, agents, successors and assigns of each of the foregoing (all of the foregoing, collectively, the "Releasees"). Member acknowledges and agrees that the Releasees shall not be responsible for any such injury, loss or damage (including for lost or stolen property). (C) Member shall indemnify and hold harmless, to the fullest extent permitted by law, all Releasees from and against any liabilities, losses, damages, claims, demands, causes of action, costs and expenses, including reasonable attorneys' fees (including in any action between Member and PSE or any other Releasee, or any action by a third party), costs of investigation (whether or not litigation occurs) and litigation expenses, arising out of or related to any act or omission, breach of any provision of this Membership license, or violation of any applicable law, rule, regulation or order, in each case, by Member or any of Member's guests.
16. Force Majeure: PSE shall not be responsible to Member for a refund of any payments hereunder or otherwise for the cancellation or non-performance of any event or Member's inability to use any Seats that are part of the Membership due to any cause or circumstance beyond their control, whether caused by reason of acts of God, inability to procure materials, failure of electricity or other utilities, strikes, lockouts, new or changes in governmental laws or regulations, riots, insurrections, wars or otherwise.
17. Non-Occurrence of Events/ Other Events: Nothing herein, including without limitation PSE's issuance of Tickets, shall operate as or constitute any warranty, representation, covenant or guarantee by PSE that any number of events shall occur at DTE. Member acknowledges and agrees that the Tickets are solely for events during the 2017 concert season presented by PSE and played at DTE and for the avoidance of doubt, shall not include tickets, or the right to purchase tickets, to any other event. Member acknowledges and agrees that PSE may cancel, postpone, reschedule or relocate events for any reason, as determined in its/their sole discretion, as well as to modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentations of events ("Preemption"). In the event any event for which Tickets have been purchased under this Membership license does not occur at DTE for any reason (a "Lost Event"), including, without limitation, a work stoppage or labor dispute, Preemption or any other cause, (i) such event shall not be deemed a breach by PSE of this Membership license, and (ii) Member hereby waives and releases any and all claims Member may have against PSE with respect to such Lost Event.
18. Miscellaneous: PSE is not responsible for lost or stolen tickets, and any reissuance of tickets shall be at the sole discretion of PSE. Ticket(s) not obtained from sources authorized by PSE may not be honored. In the event any Ticket is listed at an incorrect price or seat location within DTE due to a typographical or other error, PSE shall have the right to refuse or cancel any orders placed for such Ticket(s). If stage configuration, safety or artist preference or requirement precludes the Seats from being available for any Event, you will be provided a substitute seat, as determined by PSE. Such relocation shall not entitle you to any refund or other compensation or remedy. The nature of the interest granted herein is a revocable license only and does not create a tenancy, leasehold estate or easement or other interest in real estate.
By making full or partial payment for the Membership or by accepting delivery of Tickets, Member is entering into the Agreement, agreeing to each of these terms and conditions and accepting responsibility to pay for the full Membership fee stated herein. No cancellations, refunds or adjustments will be granted.