TIER 1 MEMBERSHIP AGREEMENT FORM

Thank you for being a part of Whitecaps FC for 2017! We hope you’re as excited as we are for next season. Below, you will find your Tier 1 ’Caps Club Membership terms and conditions. Please read it carefully and if you have any questions, contact your Fan Services rep at 604.899.9283 ext. 1

The Vancouver Whitecaps FC (“Whitecaps”) is proud to offer its Tier 1 Members the following ‘Caps Club membership benefits for each annual soccer season from January 1 to December 31 (each a “Season”). You have enrolled in a Tier 1 ‘Caps Club Membership and by doing so you have agreed to the following terms and conditions:

TIER 1 MEMBERSHIP TERMS

(Updated January 30, 2017)

Tier 1 Membership includes the following benefits:

Description

Charges

Whitecaps Tickets (Regular Season MLS, and all Canadian Championship, home matches). Tier 1 Membership includes Tickets for all Whitecaps home matches for regular season Major League Soccer (“MLS”), for all home matches for the Canadian Championship (“CC”) and home matches for CONCACAF Champions League (“CCL”) Group stage matches when qualified.

Included in Tier 1 Membership base cost.

Whitecaps Tickets (MLS Playoff and CCL Playoff home matches).  Tier 1 Membership automatically includes tickets for all MLS playoff home matches and CCL playoff home matches (together, the “Additional Matches”), subject to the exceptions set out in the Payment Terms. Tier 1 Members will be charged an additional cost up to a maximum amount, based on pricing presented to Tier 1 Members before the commencement of each Season.  Tier 1 Members will only be charged an amount that corresponds to the number of Additional Matches, if any, that are played in a given Season. Tier 1 Members who do not wish to have the Additional Matches included with their membership may opt-out of any given Additional Match not less than, as applicable, (i) 10 days before that Additional Match or, (ii) if the date for that Additional Match is fixed less than 10 days before the date thereof, not less three days before the date of that match.

Additional to Tier 1 Membership base cost.  Additional charges will vary dependant on the number and type of Additional Matches. Additional Match pricing is available in attached Schedule A – Additional Match Pricing. Opt-out available.

Vancouver Whitecaps FC 2 Tickets. Tickets for three Vancouver Whitecaps FC 2 Regular Season United Soccer League home matches of the Tier 1 Member’s choice, subject to seat availability.

Included in Tier 1 Membership base cost.

Vancouver Whitecaps FC 2 Game Pack Option.  Tier 1 Members will also have the option to upgrade to a Whitecaps FC 2 game pack for home matches.

Additional to Tier 1 Membership base cost – contact Whitecaps FC Fan Services for more information.

Loyalty Rewards and Experiences Program. The Loyalty Rewards and Experiences Program gives Tier 1 Members access to exclusive prizing and rewards, a Season launch event, Cascadia Cup away tickets, and any Tier 1 Member exclusive events.

Included in Tier 1 Membership base cost.

Additional Features and Benefits. Tier 1 Members will also enjoy the following benefits:

  1. 15% off all merchandise in stadium and at the team store (currently located at 375 Water Street, Vancouver, B.C.);
  2. Pub Partner savings (for details, please visit //www.whitecapsfc.com/preferred-pubs); and
  3. Whitecaps Soccer Skills Camps savings.

Included in Tier 1 Membership base cost.

TIER 1 AUTOMATIC RENEWAL AND PAYMENT TERMS

By selecting a Tier 1 Membership, you are joining a membership that will renew every year on the following payment terms:

  1. Payment Plan Options. Tier 1 Members will have access to three payment plans:
    1. Annual Plan: This plan allows Tier 1 Members to pay 100% of the cost of their membership each September 15 for the following Season. This payment may be made using Visa, Mastercard, or American Express (each a “Credit Card”), or by Interac, cash, or cheque.
    2. Semi-Annual Plan: This plan allows Tier 1 Members to pay 50% of the cost of their Tier 1 Membership for the following Season on September 15 and to pay the remaining balance on January 15 of the next calendar year. These payments may be made using a Credit Card, or by Interac, cash or cheque.
    3. Monthly Payment: This plan allows Tier 1 Members to pay for the cost of their membership for the following Season by making 12 equal payments commencing on September 15, with the following payments being due on the 15th day of each of the 11 subsequent months. These monthly payments may be made by Credit Card or Interac only.

Please note that any Additional Matches will be billed to Tier 1 Members on a match-by-match basis as such matches are confirmed, regardless of the payment plan selected by the Tier 1 Member. However, Tier 1 Members paying by cash or cheque pursuant to an Annual Plan or Semi-Annual Plan must pay, as applicable, (i) 10 days before that Additional Match or, (ii) if the date for an Additional Match is fixed less than 10 days before the date thereof, not less three days before the date of each Additional Match or their tickets for that Additional Match will be forfeited.

  1. Automatic Ticket Renewal. With the purchase of a Tier 1 Membership for the upcoming Whitecaps Season, Tier 1 Members have entered into an automatic renewal membership program. Through this program, Tier 1 Members will have their Tier 1 Membership automatically renewed for the upcoming Season each September 15, until such time as they choose to opt-out of their membership. Tier 1 Members may opt-out of their membership for the upcoming Season, at anytime before August 15  by completing the webform found on //www.whitecapsfc.com/2017-whitecaps-fc-caps-club-membermembership-opt-out-info. Any such Member will retain membership status for the remainder of the current Season and any outstanding or future membership payments relating to the current Season must be paid by the Member. Notwithstanding the foregoing, please note that any Whitecaps FC 2 game pack upgrades will not automatically renew and must be repurchased each new Season.

 

Tier 1 Members may cancel their membership at any time during a Season for any reason with 30 days’ notice by completing the webform found on whitecapsfc.com, but will not receive any refunds for any installment payments made prior to the cancellation and will have all membership benefits suspended at the time of cancellation.

 

Any changes to the price of the Tier 1 Membership, or any material changes to the Tier 1 Membership benefits, will be communicated to Tier 1 Members at least 45 days prior to the automatic renewal date of September 15 each year. If Tier 1 Members wish to select a different payment plan at the start of each subsequent Season, they may do so by informing the Whitecaps Fan Services department prior to August 15 for the following Season provided that no change in a payment plan will be effective until confirmed in writing by the Whitecaps.

Individuals or entities who select a Tier 1 Membership expressly authorize the initial and continued payment in accordance with their selected payment plan for the current Season and for each subsequent Season, until such time as they choose to opt-out of their membership as provided herein.

 

  1. Pro-Rated Membership Dues. Tier 1 Memberships purchased on a date after the first Regular Season home match has been played in a current Season (the “Discount Date”) may be eligible for reduced membership dues. Please contact the Whitecaps for further details regarding pro-rated membership dues. 

 

  1. Purchasing Membership after September 15. Individuals or entities that purchase a Tier 1 Membership for an upcoming Season after September 15 of a current Season or that purchase their Tier 1 Membership for a current Season while it is ongoing (“Late Purchasers”) will not have access to the above payment plans for the first Season of membership. Instead, Late Purchasers will have access to the following three payment plans:
    1. Lump Sum: This plan allows Late Purchasers to pay 100% of the cost of their membership at the time of purchase. This payment may be made using a Credit Card, or by Interac, cash or cheque.
    2. Two Installments: This plan allows Late Purchasers to pay, if purchasing their membership for a Season prior to January 15 of that Season, for their membership in two equal installments. The first installment will be due at the time of membership purchase and the second will be due on January 15 of the current Season. These payments may be made using a Credit Card, or by Interac, cash or cheque.
    3. Monthly Installments: This plan allows Late Purchasers to pay, if paid using a Credit Card or by Interac, for their membership in equal monthly installments between the date of purchase and August 15 of the current Season, notwithstanding that the first payment under this plan must be made at the time of membership purchase and shall be equivalent to the value of the initial Membership price at the time of joining less the remaining monthly installments due on the 15th day of each month to August 15 of the current Season.

 

Late Purchasers may select a different payment plan for subsequent Seasons subject to the conditions set out in the above Section 2 – Automatic Ticket Renewal.

 

  1. Procedure if Payment Deadline Missed. If a Tier 1 Member is paying by cash or cheque, it is solely the Tier 1 Member’s responsibility to ensure payment is made prior to the deadlines specified. If a Tier 1 Member is paying by Credit Card or Interac and the Credit Card or Interac is declined for any given payment for any reason, the Whitecaps will re-run the Credit Card or Interac 24 hours later, and again 48 hours after the payment was initially declined. If at any time, a deadline for payment under any payment plan has passed and payment has not yet been made, the Whitecaps will attempt to notify the Tier 1 Member by email and/or telephone. Notwithstanding the foregoing, if payment has not been made by a specified deadline, irrespective of the Tier 1 Member’s selected payment method and payment plan, the barcode for the Tier 1 Member’s tickets and all other Tier 1 Membership benefits shall be suspended until the account is brought up to date. The Whitecaps may resell tickets for future matches otherwise reserved for the Tier 1 Member at any time while the Tier 1 Membership is suspended. If the Member’s tickets for any future match are sold while the Tier 1 Membership is suspended and the membership is subsequently restored, Whitecaps may, subject to availability, substitute other tickets for those that have been sold.

 

 

‘CAPS CLUB MEMBERSHIP
TERMS AND CONDITIONS

The following terms and conditions (the “Agreement”) apply to all Vancouver Whitecaps FC ‘Caps Club Tier 1 Membership Accounts (“Memberships”). The breach of any of the terms and conditions contained herein will automatically terminate the grant of license and benefits evidenced by the Membership.

In this Agreement, “Whitecaps” means the professional Major League Soccer team and United Soccer League team operated by VANCOUVER WHITECAPS FC LIMITED PARTNERSHIP and “Member” means an individual or entity in possession of a Membership.

1.     REVOCABLE LICENSE

Every ticket issued pursuant to a Membership is a revocable license which may be withdrawn and admission refused to any Whitecaps event in respect of which a ticket has been issued at any time, in the Whitecaps’ sole discretion, upon refunding the purchase price allocated to the event in question. Such revocations may happen on a case-by-case basis or, at the Whitecaps’ sole discretion, as it relates to the entire Membership.

2.     PAYMENT AUTHORIZATION

The Member understands that by clicking “Agree” to this form the Whitecaps are given authorization to bill the Member for Membership dues in accordance with the payment terms that the Member selects. For all Membership payments, this payment authorization shall remain in effect for so long as the Membership remains in effect. The Member hereby represents and warrants that the Member has the authority to approve charges in accordance with the listed payment information for the purpose of paying the Member’s ‘Caps Club Membership dues. The Member understands and agrees that the Whitecaps are not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, the Whitecaps’ only responsibility is to correct it if and when the Whitecaps receive notice of the error. All deposits and/or payments made are non-refundable. The Member understands that it is solely the Member’s responsibility to ensure the Member’s payment information is current and to notify the Whitecaps of any deficiencies such that they may be remedied, and that the Member’s failure to do so within the specified time frame will result in a loss of Membership privileges and may result in a revocation of Membership. The Whitecaps reserve the right to charge a processing fee of CAD$20.00 in the event a payment is refused for any reason. Under all Memberships, all payments are due on the dates specified regardless of match cancellations or rescheduling – refunds will be addressed in accordance with the applicable policy in effect at that time for the applicable match.

3.     INDEPENDENCE OF MEMBERSHIP TIERS

If Members cancel their ‘Caps Club Tier 1 Membership Account and subsequently subscribe for a ‘Caps Club Tier 2 Membership Account, any installment payments relating to the cost of their ‘Caps Club Tier 1 Membership Account made prior to its cancellation are forfeited and shall not be applied to the ‘Caps Club Tier 2 Membership Account. 

4.     MEMBERSHIP RIGHTS / PRIVILEGES RESTRICTED

The Whitecaps’ acceptance of payment for a Membership from any individual or entity who is not the account holder for such Membership does not grant any rights to such Membership to such individual or entity. Any rights or privileges associated with a Membership belong only to the account holder of record as entered on Whitecaps’ records. The Whitecaps reserve the right to require that any transaction pertaining to a Membership held in a corporate name be supported by appropriate corporate resolutions or other documents.

5.     TICKET RESALE RESTRICTED

Resale or attempted resale of any Membership or any Whitecaps match ticket at a price higher than that printed thereon or paid, including tax, unless previously expressly authorized in writing by the Whitecaps, is prohibited, and the Whitecaps may, in their discretion and in addition to any other remedy, seize match tickets and cancel the Membership without refund or other compensation. Except as prohibited herein, Members may transfer their match tickets to any person, provided that the Member shall be responsible for ensuring that any person using a transferred ticket (regardless of whether that person is the initial transferee or a subsequent transferee, each a “Ticket User”) complies with all applicable terms of this Agreement and the Member will be responsible for all acts and omissions of each Ticket User as if such act or omission was that of the Member.

6.     PROHIBITION ON MEMBER BROADCASTING / PROMOTION

The Member and each Ticket User is admitted to Whitecaps events on the condition that the Member agrees that the Member or Ticket User will not record or transmit or aid in recording or transmitting any description, account, picture or reproduction of the event to which the Member or Ticket User is admitted.

Whitecaps tickets or Membership privileges may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the Whitecaps’ express written consent.

7.     TRANSFER OR SALE OF MEMBERSHIP PRIVILEGES

Members have no right to transfer their ‘Caps Club Membership to any person or entity, whether by a request to transfer the Membership into another name, or by an attempt to transfer the Membership by sale, gift, will or trust, property settlement, or to creditors, or by any other means. Any attempt by a Member to sell or otherwise transfer the Membership may result in the cancellation of the Membership. Notwithstanding the foregoing, the Whitecaps:

  • hereby expressly allow Members to transfer or sell their match tickets to any Ticket User provided that any such Member complies with the above Section 5; and
  • may allow an individual Member to request transfer of all Membership privileges to that Member’s immediate family, and if the Member is a business, will allow a change in the name of the contact person for its account. A request to transfer Membership privileges to a family member or to change the contact person must be submitted to the Whitecaps Fan Services department in writing (via certified mail, return receipt requested), and must be supported by appropriate documentation (proof of relationship, official letterhead, signature of authorized company officer, etc.) satisfactory to the Whitecaps. The Whitecaps reserve the right to approve or reject any such requests for any reason.

8.     PROMOTIONAL USE OF MEMBER IMAGE

The Member, both for the Member and for any Ticket User, grants permission to the Whitecaps, the participating Major League Soccer (the “MLS”) clubs, MLS and Soccer United Marketing and their agents to utilize the Member or Ticket User’s image or likeness incidental to any live or recorded video display or other transmission or reproduction in whole or in part of the event to which the ticketholder is admitted, and further authorizes the use of the Member or Ticket User’s image or likeness in connection with the promotion of the Whitecaps, the MLS and the sport of soccer.

9.     MEMBERSHIP PRIVILEGES SUBJECT TO BYLAWS

Use of match tickets is subject to compliance with the provisions of any bylaws or regulations of the City of Vancouver and all terms and conditions of the Whitecaps applicable to such tickets including, without limitation, the following apply to all Members and Ticket Users:

  • users are prohibited from bringing cans, bottles and containers for ice or beverages in the event venue;
  • users are prohibited from throwing objects in the stands or onto the playing area;
  • users shall comply with any request by event venue security to display the contents of bags, boxes, packages, etc.; and
  • users shall retain the stub of their ticket and/or Membership documentation on their person at all times while in the event venue pursuant to the right of admission evidenced by the ticket and/or Membership documentation and shall produce the ticket and/or Membership documentation upon request by any event venue representative.  

10.  OBJECTIONABLE CONDUCT

Members or Ticket Users engaging in disorderly or objectionable conduct in violation of the Whitecaps and event venue policies may be ejected from the event in respect of which a ticket has been issued without refund of the ticket price.

If a Member or any Ticket User is ejected for any reason from an event in respect of which a ticket has been issued to the Member or otherwise acquired, the Whitecaps reserve the right, in the Whitecaps’ sole discretion, to revoke the Membership.

11.  RELEASE OF LIABILITY

THE MEMBER, BOTH FOR THE MEMBER AND FOR EACH TICKET USER, (i) VOLUNTARILY ASSUMES ALL RISKS AND DANGERS arising from or related in any way to attendance at the event in respect of which a ticket has been issued, whether occurring prior to, during or after such an event, including but not limited to the risk of lost, stolen or damaged property and the risk of personal injury or death, including all risk of injury or death resulting from the negligence or misconduct of other spectators, (ii) agrees to be bound by the terms printed on the back of each match ticket provided that if there is any necessary conflict between the terms on the match ticket and the terms of this Agreement, the terms of this Agreement will govern, and (iii) AGREES THAT THE MLS AND THE WHITECAPS, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES, AND EACH OF SUCH ENTITIES' THEIR RESPECTIVE EMPLOYEES, VOLUNTEERS, PLAYERS, OFFICERS, DIRECTORS, PARTNERS, OWNERS, SPONSORS, CONTRACTORS AND OTHER AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM SUCH CAUSES AND ARE EXPRESSLY RELEASED FROM SAME.

12.  AGREEMENT MODIFICATION

The Whitecaps reserve the right to amend these Terms and Conditions and the ‘Caps Club Membership Form terms in their sole discretion by posting such amendments (the “Amendments”) to whitecapsfc.com/tickets.

If Amendments are to take effect upon commencement of a subsequent Season, Members will be notified of any such Amendments prior to any renewal date for the Membership.

If Amendments are to take effect during the current Season and in the discretion of the Whitecaps are reasonably necessary to address safety, security or emergency situations, Members will be informed of any such Amendments upon the Amendments taking effect and will not entitle a Member to any refunds of any payments made prior to the Amendments if the Member subsequently chooses to cancel the Membership as a result of the Amendments.

If Amendments are to take effect during the current Season and materially reduce or restrict any benefits to Members or impose any additional material obligations, and are not implemented by the Whitecaps to address safety, security or emergency situations, Members will be informed of any such Amendments 30 days prior to the Amendments taking effect (the “30 Day Notice Period”). In this instance, Members will be entitled to cancel their Memberships by providing written notice to the Whitecaps during the 30 Day Notice Period, in which case such a Member will be entitled to reasonable compensation corresponding to the proportionate loss of any Membership benefits for the remainder of the Season, as determined in the Whitecaps’ sole discretion.

Without restricting the generality of the foregoing, the Whitecaps reserve the right to:

  • relocate Members during the regular season and at any time during the playoffs to accommodate broadcast or security requirements, or for any other reasonable purpose in the Whitecaps' sole discretion, and Members will not be eligible for any refunds of any installment payments made prior to the relocation if the Member subsequently chooses to cancel the Membership as a result of the relocation; and
  • modify Membership pricing for future seasons.

13.  MISCELLANEOUS

The Member confirms that the Member has been given a full opportunity to obtain independent legal advice with respect to this Agreement and the ‘Caps Club Membership Form and has either obtained that advice or hereby waives any related rights or claims that might arise if that advice has not been obtained. The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision hereof. This Agreement contains all agreements of the parties with respect to the subject matter hereof and supersedes, cancels and replaces any other agreement, representation or understanding of any kind or nature. This Agreement is wholly governed by the laws of British Columbia. The Member confirms that the Member is 19 years of age or older. The Member further confirms that the Member has read and understands this Agreement and agrees to be bound by its terms and conditions.

*TERMS AND CONDITIONS ARE SUBJECT TO CHANGE PER SECTION 12 ABOVE

 

TIER 1 ‘CAPS CLUB MEMBERSHIP
SCHEDULE A

 

ADDITIONAL MATCHES PRICING

VALID FOR ALL ADDITIONAL MATCHES IN THE 2017 SEASON