Event Terms and Conditions
1. Fiserv Forum reserves the right in its sole and absolute discretion to refuse the purchase of tickets to events at Fiserv Forum, whether the transaction occurred online, by mail, in-person or any other method.
2. In placing an order for tickets to an event at Fiserv Forum, you represent and warrant that you are at least 18 years of age and that you agree to these Terms and Conditions, including the Fiserv Forum privacy policy (together, the “Agreement”).
3. Tickets to events at Fiserv Forum are a revocable license issued by the Fiserv Forum to the individual or corporate entity name that appears on the account of record. Breach of any of the terms herein and/or on the reverse side of the ticket shall entitle Fiserv Forum to all available legal remedies. Fiserv Forum reserves the right to revoke the license granted, in its discretion, by refunding the purchase price for any unused tickets.
4. If you submit an order, you warrant that you have the authority to authorize charges to the credit card or other method of payment, as applicable. You understand and agree that Fiserv Forum is not liable, in any way, for erroneous bill statements or incorrect charges and that should an error occur in billing or debiting, Fiserv Forum’s only responsibility is to correct such error when and if Fiserv Forum receives written notice of such error. All sales and debits are non-refundable once the order is accepted by Fiserv Forum. You understand that, at Fiserv Forum’s sole discretion, your access to events at Fiserv Forum may be restricted or revoked if any authorized charge is refused or unable to be processed for any other reason. Incorrect information that prevents Fiserv Forum from processing your credit card charge will be promptly communicated via telephone, fax or email to the contact person listed on this form. You further acknowledge and agree that it is solely your responsibility to update any credit card information used as a payment method. It is also your responsibility to notify Fiserv Forum in writing of any change of address or email address to assure prompt delivery of tickets, notices and other dated material from Fiserv Forum. You understand that any payment authorization remains in force and effect until Fiserv Forum has received written notification of its termination in such time and manner as to allow Fiserv Forum a reasonable opportunity to act on it. If you terminate such authorization, if a credit charge is denied by the credit card issuer, or if another method of payment is otherwise rejected, the entire unpaid balance of your ticket(s) purchase must be paid in full within three (3) business days of the date of notification.
5. A $15.00 fee will be applied to your account for each late payment, check return for insufficient funds, declined or expired credit card or other failure to make timely payment and such fee will be applied to your next invoice/credit card installment. Additionally, you understand and agree that all costs or fees incurred by Fiserv Forum that result from any refused payments or payments that cannot be processed for any other reason are your responsibility; that such fees will be added to your outstanding account balance; and that Fiserv Forum shall not be liable for any fees charged to you by the depository.
6. You understand that all pricing, seat locations and/or events selected are subject to availability and that Fiserv Forum does not guarantee or warrant, by your purchase or otherwise, any of the same. Tickets are available on a first come, first serve basis, within the time frames established by Fiserv Forum. Fiserv Forum may limit quantities of, or refuse tickets ordered at Fiserv Forum’s sole discretion for any reason. In the event Fiserv Forum’s seating capacity is less than 100% as a result of mandated capacity requirements, as determined by Fiserv Forum in its sole discretion, Fiserv Forum reserves the right to reconfigure the seating of Fiserv Forum as well as relocate the location of any tickets to as close to the original location as possible, subject to seating availability. In the event it is necessary to relocate the location of your tickets to an alternate price point location, the difference in cost will be reimbursed to you. For any postponed events that may affect tickets, you will be contacted by Fiserv Forum staff with further instructions regarding your tickets.
7. Due to the uncertainty related to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which is also known as COVID-19 (“COVID-19”), all tickets and your admission to Fiserv Forum are subject to all safety and health requirements and policies put in place by Fiserv Forum, including requirements relating to face masks and enhanced health screenings (which may include a requirement that you, and any person in your party, be tested for COVID-19 prior to or during the event) and those policies and requirements of local health authorities (including, but not limited to, the City of Milwaukee and the Centers for Disease Control and Prevention). Such policies and requirements as they may be updated from time to time (in the sole determination of Fiserv Forum) and as they may be communicated to you prior to or during the event (whether orally or in writing) by, for example, instruction provided by Fiserv Forum personnel or signage in or around Fiserv Forum, are collectively referred to as the “Safety Requirements”. You acknowledge and agree to comply with the Safety Requirements (including all requirements that must be satisfied prior to or during the event), and attendance at the event is conditioned on such compliance.
8. You agree that neither you, nor anyone in your party, will attend the event if any one or more of the following is true on the day of such event:
- Within the prior 14 days, you (or any person in your party or with whom you have had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
- Within the prior 48 hours, you have (or any person in your party or with whom you have had close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the Centers for Disease Control and Prevention); or
- Within the prior 14 days, you have (or any person in your party or with whom you have had close contact has) travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
9. Failure to adhere to ticket purchase payment terms shall entitle Fiserv Forum, in their sole discretion, to cancel your purchased tickets and/or reject your submission of any future orders.
10. Fiserv Forum is not responsible for interrupted transmissions, network, server, website or other connections availability, technical failure or other errors of any kind whether human, mechanical, electronic or network related to your transaction.
11. You hereby represent and warrant to us that: (i) you have the full power and authority to enter into and perform under this Agreement, and (ii) you will comply with all rules and policies of Fiserv Forum, terms of the tickets as stated on the reverse side of the tickets, and all applicable laws and regulations in engaging in all activities arising from, relating to or connected with your purchase and use of tickets to events at Fiserv Forum.
12. This Agreement shall be governed by and construed in accordance exclusively with the laws of the State of Wisconsin without regard to its conflicts of law rules.
13. The parties hereby agree that any claims or disputes regarding this Agreement shall be submitted to arbitration in Milwaukee under the rules of the American Arbitration Association.
14. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision were omitted.
15. You agree that you shall have absolutely no right whatsoever to assign, transfer, sublicense, sell, mortgage, pledge, or allow attachment of liens or charges against your tickets, without the consent of Fiserv Forum.
16. If Fiserv Forum shall be prevented, in whole or in part, from performing its obligations hereunder due to Act of God, war, national emergency, weather, civil disturbance, pandemic, epidemic, quarantine, labor dispute, governmental or court order or other similar cause beyond such party’s reasonable control (a “Force Majeure Event”), then Fiserv Forum shall be excused from performance and shall not be considered to be in default with respect to any obligations hereunder.
17. Fiserv Forum reserves the right in their sole discretion to amend, update, or modify policies and procedures relative to Fiserv Forum tickets and any payment plan, if any, upon written notice to the ticket account holder of record.
18. You (or the user of your ticket for any particular event) grant permission to Fiserv Forum (and its designees and agents) to utilize your image, likeness, actions and statements and any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of or at the event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
19. You (or the user of your ticket for any particular event) voluntarily assume all risk and danger of personal injury (including death), any risk of contracting a communicable disease or illness (including exposure to COVID-19, as well as any mutation, adaptation or variation thereof), a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), and all hazards arising from, or related in any way to, the event (including, but not limited to, injuries caused attendees or other objects) whether occurring prior to, during or after the event, howsoever caused and whether by negligence or otherwise by Fiserv Forum. You and your guests agree that neither Fiserv Forum or their respective affiliates, employees, agents or owners are liable for any injury, illness, paralysis virus or disease contraction (including, but not limited to, COVID-19), disability, death, or property damage from such causes.
20. The sale or resale of any and all event tickets by unauthorized means is prohibited and violation of this policy may result in the cancellation of unused tickets. Discounted group, promotional or complimentary tickets may not be resold without the express written consent of Fiserv Forum. In addition, tickets to events at Fiserv Forum may not be used for advertising, promotion (including contests or sweepstakes) or other trade purposes without the express written consent of Fiserv Forum.
21. This Agreement constitutes the entire Agreement of the parties with respect to the matters provided for herein and is not intended to be modified or limited in any way by any other written instrument or oral agreement previously made or entered into by the parties hereto.
22. This Agreement provides for the exclusive resolution of disputes through individual arbitration on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any arbitration against Fiserv Forum or its affiliates shall be arbitrated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action. If your claim is subject to arbitration under Section 13 above, the arbitrator shall have no authority to arbitrate claims on a class action basis. You agree that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in Section 12 above, and if for any reason this class action waiver is unenforceable as to any particular claim, then, and only then, such claim shall not be subject to arbitration.
23. COVID-19 WARNING: An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Fiserv Forum and its affiliated companies relating to such risks. You fully understand that (i) no precautions, including the protocols implemented from time to time by Fiserv Forum, its affiliated entities and/or third parties (including, but not limited to, federal and state governmental agencies and local health authorities) can eliminate the risk of exposure to COVID-19, (ii) people of all ages and health conditions can be and have been adversely affected by COVID-19 according to public health authorities and (a) people with certain underlying medical conditions are or may be especially vulnerable and (b) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, family members and other contacts, and (iii) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.