1. General.

1.1 Please review these San Francisco Giants “The 415” Membership Terms and Conditions (“Terms and Conditions”) carefully before purchasing a Membership (as defined below). By purchasing a Membership, you acknowledge that you have read, understand, and agree to these Terms and Conditions, including all documents, policies, and procedures referenced herein and/or available herein via hyperlink, including the sfgiants.com Privacy Policy and Terms of Use, as amended herein, and Agreement to Arbitrate and a Class Action Waiver. If you do not agree to the entirety of these Terms and Conditions, you may not purchase a Membership, use Ticket Benefits (as defined below), access the Digital Content (as defined below), or receive Member Collectibles (as defined below).

1.2 You must be eighteen (18) years of age or older to purchase a Membership. By purchasing a Membership, you represent and warrant that you are of such age.

1.3 San Francisco Giants Baseball Club LLC (the “Giants,” “we,” “us,” and “our”) reserves the right to update, change, modify, amend, and/or replace any portion or aspect of these Terms and Conditions at any time, with or without notice, by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes and updates. By accessing Digital Content, using Ticket Benefits, attending a Live Event, accepting Member Collectibles, following the posting of any changes or updates to these Terms and Conditions, you acknowledge and accept all such changes and updates. Notwithstanding the foregoing, we will provide you notice of any material changes to the provisions of these Terms and Conditions that relate to Automatic Renewal (Section 4) or Cancellation (Section 5), as well as any changes in the pricing of your Membership (as defined in Section 2.1, below) before those changes are implemented.

2. Memberships.

2.1 We are offering a prepaid membership (“Membership”) with the following benefits: (i) flexible ticket credits (“Ticket Benefits”); (ii) access to select ballpark areas (“Select Access”); (iii) exclusive and/or early access to digital content from the Giants (the “Digital Content”); (iv) exclusive and/or early access to events at Oracle Park or other Giants’ locations (“Live Events”); (v) access to special offers and discounts (“Special Offers”); and/or (vi) Giants-themed item(s) (“Member Collectibles(s)”) ((i)-(vi) each a “Benefit,” and together “Benefits”). Benefits, including mix, quantity, and value, shall be determined at the discretion of the Giants. Benefits will vary from year to year. All fees paid in connection with a Membership relate to and provide for access to the Digital Content, Live Events, Ticket Benefits, Special Access, and/or Special Offers. Each Member Collectible constitutes an in-ballpark premium item available with the purchase of a Membership to Member’s redeeming Ticket Benefits and entering the ballpark in designated locations. Members have the option of not receiving Member Collectibles; however, electing to not receive Member Collectibles will not result in any change in the membership fee. Benefits are subject to the additional terms and conditions set forth in the FAQs found here https://www.mlb.com/giants/fans/415/faq, which are incorporated herein by reference.

2.2 Membership Terms.

2.2.1 Memberships Purchased Prior to August 31, 2023: Your annual payment for the 2024 Membership will be charged on or about December 1, 2023. All payments are prepaid and nonrefundable. After your initial payment, you may cancel your Membership at any time, and you will not be billed for any future annual membership fees. The term of your 2024 Membership will run from December 1 through September 15, 2024. Your Membership will then be automatically renewed beginning on or about September 15, 2024 and each such subsequent renewal term will run from September 15 through September 14 of the following year.

2.2.2 Memberships Purchased On or After to August 31, 2023: Your annual payment will be charged each year on or about September 15. All payments are prepaid and nonrefundable. After your initial payment, you may cancel your Membership at any time, and you will not be billed for any future annual membership fees. The initial term of your Membership will run from the date of initial payment through September 14; each renewal term will run from September 15 through September 14 of the following year.

2.3 We reserve the right to limit the sale of the Membership to any person and/or geographic region. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of Memberships available for purchase during any given year. For the 2024 Season and thereafter, we will allow a maximum of 3,500 members at any given time. We reserve the right to modify, suspend, and/or discontinue the Membership or any aspect thereof, and to change the price of the Membership, in any manner and at any time, at our sole and absolute discretion. We reserve the right to charge different or discounted prices for the Membership to different customers (e.g., Season Ticket Member pricing). We shall not be liable to you or to any third party for any price change, or for any modification, suspension, or discontinuance of the Membership or any aspect thereof. The Membership and any products or services provided for herein are void where prohibited.

2.4 Season Ticket Member Memberships. From time to time, Giants Season Ticket Members (“STM Members”) may be provided the opportunity to sign up for a modified version of the Membership on a free or discounted basis. STM Members shall not receive certain Ticket Benefits, shall have limited access to Live Events, Select Areas and Digital Content and are not eligible to receive any Member Collectibles unless otherwise stated in the offer. The Benefits provided to the STM Members shall be set forth in the offer sent to the STM Members and those Benefits may be revoked or modified at any time by the Giants.

3. Billing.

3.1 You agree to provide us with your current, complete, and accurate credit/debit card and contact information at the time of purchase. You agree to promptly update your credit/debit card and other account information as necessary, including your e-mail address, credit/debit card number and expiration date, and mailing address, so that we may complete all transactions, fulfill your Membership, and contact you as necessary. By providing such information, you acknowledge and agree that we may provide such information to third parties for purposes of facilitating and completing transactions relating to your Membership.

3.2 You authorize us to charge all membership fees and any other outstanding amounts to any credit/debit card that you have on file with us. You understand that failure to pay any fees or charges may result in the suspension and/or cancellation of your Membership. If we do not receive payment from your credit/debit card provider or if your credit/debit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide an additional credit/debit card or other means of payment before allowing you further access to the Benefits, and we may bill you simultaneously for both past due and current fees. We reserve the right to take all steps necessary to collect amounts due from you, including, but not limited to, legal action and/or using third party collection agencies.

3.3 You are solely responsible for any and all fees charged to your credit/debit card by the issuer, bank, or financial institution, including, but not limited to, membership fees, overdraft and insufficient funds fees, and fees associated with exceeding your credit/debit limit. You agree to notify us of any billing problems or discrepancies within thirty (30) days after such problems or discrepancies first appear on your credit/debit card statement or otherwise become known to you. If you do not notify us of any such problems or discrepancies within thirty (30) days, you agree that you waive any right that you may have to dispute such problems or discrepancies.

4. Automatic Renewal.

By purchasing a Membership, you understand, acknowledge, and agree that the Membership will automatically renew for each successive year until you cancel the Membership pursuant to the cancellation procedures set forth in Section 5 of these Terms and Conditions. You may cancel your Membership at any time, but all Annual Membership fees are prepaid and nonrefundable.

Once you purchase a Membership, we will automatically process your Membership fee. We will continue to automatically process your Annual Membership fee each year thereafter on or around September 15 as set forth in Section 3 (provided that for Memberships purchased prior to August 31, 2023 the automatic payment for the 2024 Membership will occur December 1, 2023 and thereafter will automatically process on September 15 each year), at the then-current Membership fee amount, until you cancel your Membership. By purchasing a Membership, you acknowledge and agree that Membership fees will be charged to your credit/debit card on a recurring basis, without further authorization from you, and you accept full responsibility for all such recurring charges prior to cancellation. We will provide you advance notice of any material change to your Membership, including for example the amount of your Membership fee, before the change takes effect.

5. Cancellation.

5.1 To cancel your Membership, you must take the following action: send an e-mail to us at [email protected] or call us at 415.972.2209.

5.2 A cancellation will become effective at the end of your then-current Membership term. All membership fees charged to your credit/debit card prior to cancellation are nonrefundable and in no event will the Giants provide a partial or pro-rated refund. For example, if your recurring Membership fee is scheduled to be charged to your credit/debit card on December 1, you must cancel your Membership prior to December 1 to avoid that charge; if you cancel your Membership on or after December 1, no amount of the fee charged to your credit/debit card on or about December 1 will be refundable, and your Membership will continue until the end of the then-current term. If your recurring Membership fee is scheduled to be charged to your credit/debit card on September 15, you must cancel your Membership prior to September 15 to avoid that charge; if you cancel your Membership on or after September 15, no amount of the fee charged to your credit/debit card on or about September 15 will be refundable, and your Membership will continue until the end of the then-current term. * Beginning in 2024, all Memberships will be scheduled to be charged to your credit/debit card on September 15.

6. Gift Memberships. You may purchase a Membership as a gift for someone else.

7. Taxes and Shipping and Handling. Membership fees do not include taxes. You are solely responsible for the payment of any and all taxes applicable to your Membership, including, without limitation, any sales, use, value-added, excise, federal, state, local, and other taxes. We reserve the right to charge you for any taxes that we believe are required to be paid in connection with your Membership. To the extent that Benefits contain any items that may require shipping and handling fees, we reserve the right to charge shipping and handling fees in addition to the Membership fee, provided that we shall provide notice of any such charges.

8. Ticket Benefits. All Ticket Benefits are subject to applicable terms and conditions of the applicable credit or redeemed ticket, including, but not limited to, applicable ticket back language, whether on the physical ticket or online and any blackout dates. A Membership with credits may use credits to redeem a maximum of ten (10) tickets per game subject to availability and may only redeem in the areas designated by the Giants. Notwithstanding the foregoing, if a Member has redeemed credits for tickets to attend a Giants baseball game and such game is canceled and not rescheduled, the credits or their equivalent value will be restored to the Member’s account, at the discretion of the Giants, and the Member shall have opportunity to redeem such credits for, or apply such value towards, a Giants baseball game at a later date. Members may exchange tickets or purchase additional credits in accordance with the FAQS found here - https://www.mlb.com/giants/fans/415/faq. Tickets redeemed by credits are not eligible for resale or distribution to individuals not personally associated with the Member. The sale, attempted sale, or transfer of tickets redeemed in violation of this policy is prohibited. Violation of this policy may result in the revocation of certain or all tickets purchased, loss of access to Benefits, and/or cancellation of The 415 membership, without a refund or compensation.

9. Select Access. All Select Access to the ballpark is subject to the terms and conditions found on or in connection with the ticket or pass used to enter such Select Areas as well as any and all rules promulgated by the Giants governing the use of such Select Areas. Such right to enter is a revocable license and the Giants reserve the right in its sole discretion, without refund of any portion of the purchase price, to revoke the revocable license and refuse admission or eject any person (a) who violates the terms of this Agreement; (b) who violates the rules of the ballpark, the 415 Section or those governing interactions with players; © who appears to be or is intoxicated; (d) whose conduct is deemed by the Giants to be improper, disorderly or unbecoming; (e) who uses vulgar, derogatory, or abusive language; or (f) who, in the sole judgment of the Giants, is engaging in activity or causing a disturbance that prevents other attendees from fully enjoying the event.

9.1 The Giants reserve the right to limit the time you, as a member, have access to certain Select Areas, subject to availability and capacity. By way of example only, the Giants reserve the right to set capacity and duration limitations on member’s access to the ballpark’s bullpen terrace areas prior to and during games.

9.2 In addition to being ejected from the ballpark, the Giants, in their sole discretion, may revoke the Membership of members, without refund of any portion of the purchase price, that violate (a)-(f) of Section 9 above.

10. Digital Content. You acknowledge and agree that all content, materials, text, images, videos, graphics, trademarks, logos, buttons, icons, music, software, and other elements available on, in, or through the Digital Content are the property of the Giants or our licensors, and are protected by United States and/or international copyright, trademark, and/or other intellectual property or proprietary rights and laws. You are permitted to access the Digital Content solely for personal, non-commercial purposes.

11. Member Collectibles. Member Collectibles shall be available at Oracle Park only. Collectibles will be given out at the 415 gate before select Giants games, while supplies last. To enter the 415 gate, Members must have tickets to attend the associated Giants baseball game and show their 415 Membership card. We are not responsible for any Member Collectible that is lost, stolen, damaged, or destroyed. There shall be no refunds, returns, exchanges, substitutions, or cash redemption of any Member Collectible. You are permitted to use each Member Collectible solely for personal, non-commercial purposes. Member Collectibles are subject to availability and there is no guarantee that Member Collectibles will be available at the Giants game for which a Member has redeemed vouchers for tickets to attend a Giants baseball game. The Giants reserve the right to discontinue the provision of Member Collectibles or substitute Member Collectibles with items of equal or similar value at any time in its sole discretion.

12. Member Content.

12.1 As a purchaser of a Membership, you may be permitted, at the Giants’ sole and absolute discretion, to upload, post, share, and/or display (collectively, “Publish”) photographs, digital recordings, video, audio, written comments, and/or other content (individually and collectively, “Member Content”) on or to the on-line platform that hosts the Digital Content and/or other on-line platforms that are owned, operated, or controlled by the Giants. You shall not (i) Publish any Member Content that infringes upon or violates any intellectual property, publicity, or privacy rights of any person or entity, or which is untrue, inaccurate, or not your own, (ii) attempt to interfere in any way with the Digital Content or the platform that hosts the Digital Content, (iii) attempt to gain unauthorized access to any website, on-line platform, or computer system, (iv) catalog, reproduce, store, or distribute the Digital Content or any Member Content that is not your own, or (v) upload or transmit viruses, worms, or any other type of malicious code to any platform, website, or computer system.

12.2 By Publishing your Member Content on any website or on-line platform that is owned, operated, or controlled by or on behalf of the Giants, you grant the following rights to the Giants: (i) use, reproduce, publish, and depict your name, voice, and/or likeness, in any manner that the Giants deem necessary or appropriate, in and in connection with, the use, production, distribution, sale, publication, exhibition, and/or exploitation of any and/or all of your Member Content, (ii) copyright your Member Content in the name of San Francisco Giants Baseball Club LLC and/or any other name that the Giants may select at their sole discretion, and (iii) use, reproduce, publish, distribute, exhibit, broadcast, televise, and/or exploit your Member Content, in whole or in part, severally or in connection with any other digital recordings, photographs, films, video tape, audio tape, and/or other images or recordings, in any medium and for any purpose whatsoever, including, without limitation, on or in products, merchandise, and/or goods, or for purposes of advertising, selling, and/or soliciting the purchase of products, merchandise, goods, and/or services.

12.3 The rights granted to the Giants herein are granted in perpetuity, worldwide, and without limitation as to the medium by which your Member Content may or will be displayed or the manner of exploitation.

12.4 The Giants shall retain sole ownership of all worldwide copyrights and other property rights and interests in and to your Member Content, and shall retain all of the rights afforded to copyright owners under all applicable foreign and domestic laws, rules, and regulations, including, without limitation, the right to receive royalties distributed pursuant to such laws, rules, and regulations and to sue for infringement. The Giants shall retain the unrestricted and unencumbered right to assign, license, sell, and/or exploit your Member Content in whatever medium it may be fixed. Any and all proceeds derived therefrom shall be retained by the Giants.

12.5 As used in these Terms and Conditions, the term “Member Content” shall not include any feedback, comments, suggestions, or reviews (collectively, “Feedback”) regarding any of the Membership Benefits that you provide to the Giants. However, by purchasing a Membership, you grant to the Giants a non-exclusive license to use, reproduce, publish, distribute, exhibit, broadcast, televise, and/or exploit your Feedback, in whole or in part, in any medium and for any purpose whatsoever, including, without limitation, on or in products, merchandise, and/or goods, or for purposes of advertising, selling, and/or soliciting the purchase of the Benefits.

13. Prohibitions.

13.1 Except as specifically permitted by the Giants pursuant to Section 11, above, you may not reproduce, duplicate, copy, distribute, publicly display, transmit, post, publish, sell, rent, transfer, assign, license, or exploit, in any form or by any means, your Membership or the Benefits, or any portion, aspect, or element thereof.

13.2 You are prohibited from using the Membership or Benefits (i) for any unlawful purpose, (ii) to violate any state, federal, local, international, or provincial laws, regulations, rules, or ordinances, (iii) to infringe upon or violate any intellectual property, publicity, or privacy rights of any person or entity, (iv) to submit, pursue, or advance any false or misleading information, or (v) for any obscene or immoral purpose.

13.3 You may not offer for sale or sell any Benefits, including Ticketing Benefits, included in your Membership to third parties. Benefits are for personal use only, including use by your family and friends. Tickets acquired using 415 ticket vouchers, credits or special offers may not be resold or otherwise distributed to individuals not personally associated with the ticket purchaser. The sale, attempted sale, or transfer of tickets purchased through this ticket offer in violation of this policy is prohibited. Violation of this policy may result in the revocation of certain or all tickets purchased, loss of access to Benefits, and/or cancellation of 415 membership, without a refund or compensation.

14. Privacy. In order to provide you access to the Membership and Benefits, we must collect and store certain information about you. We collect, store, and use your information as set forth in our Privacy Policy, which can be accessed at www.mlb.com/official-information/privacy-policy.

15. Consent to Electronic Communications and Solicitation. By purchasing a Membership, you understand, acknowledge, and agree that we may contact you by e-mail to provide you with information about the Memberships and/or the Giants, including, but not limited to: (i) notices about your Membership, (ii) administrative messages and other related information, and (iii) advertising and marketing messages regarding the Memberships, promotional opportunities, the Giants, and/or our sponsors. You may choose to opt-out of receiving advertising and marketing messages by following the “unsubscribe” instructions in such messages.

16. Access Codes and Passwords. Any and all access codes, usernames, and passwords (individual and collectively, “Pass Codes”) that we provide to you or that you select in connection with a Membership should be safeguarded at all times. You may not share your Pass Codes with anyone. You are fully responsible for all activities that occur through the use of your Pass Codes, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify us immediately of any unauthorized use of your Pass Codes, or any other similar breach of security.

17. Giants’ Marks.

17.1 You acknowledge and agree that you have no rights or interest in or to Giants’ Marks (as defined below). You shall not use Giants’ Marks in any manner whatsoever. Furthermore, you shall not, by any act or omission, with or without others, do or authorize anyone to do anything that would or could infringe upon, harm, and/or contest the rights of the Giants in their use, ownership, and/or control of Giants’ Marks.

17.2 As used in these Terms and Conditions, the term “Giants Marks” shall mean the names, nicknames, slogans, emblems, logotypes, insignia, designs, devices, colors, artwork, coats of arms, trophies, uniforms, uniform designs, helmet designs, trademarks, trade names, service marks, trade dress, and copyright rights in each of the foregoing, mascots (including all names and designs thereof), and stadium and ballpark names and designs, that at any time were or are owned, applied to be registered or registered, controlled, cleared for use by or on behalf of, or licensed by, the Giants. Without limiting the effect of the foregoing, you acknowledge and agree that the term “Giants’ Marks” includes all images of Oracle Park and any landmarks or structures that can be identified as being Oracle Park (e.g., the distinctive architecture of the roofs on the premises, seat colors, concession stands, any and all signage, including, without limitation, luxury suite signs and directional signs, and any and all artwork and furniture in the luxury suites).

18. Disclaimers and Limitations of Liability. To the extent not prohibited by applicable law, and to the maximum extent permitted by applicable law, you acknowledge and agree to be bound by the entirety of each of the provisions set forth in Sections 17.1 through 17.6, below.

18.1 The Benefits are provided on an “AS IS” and “AS AVAILABLE” basis. The Giants do not make any representations or warranties regarding the Benefits or any aspect, element, use, application, or function thereof.

18.2 WITHOUT LIMITING ANY OF THE FOREGOING, THE GIANTS HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING THE BENEFITS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS, QUALITY, ACCURACY, AND THOSE THAT ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

18.3 IN NO EVENT SHALL THE GIANTS, OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, OWNERS, EMPLOYEES, OR AFFILIATED ENTITIES, ANY MAJOR LEAGUE BASEBALL RELATED ENTITY, OR ANY OTHER ENTITY OR INDIVIDUAL ASSOCIATED WITH THE MEMBERSHIPS, INCLUDING, WITHOUT LIMITATION, SPONSORS AND VENDORS, OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, OWNERS, EMPLOYEES, OR AFFILIATED ENTITIES (COLLECTIVELY, THE “GIANTS’ PARTIES”) BE LIABLE, IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST DATA, LOST OPPORTUNITIES, AND DAMAGE TO REPUTATION, ARISING FROM OR RELATING TO THE MEMBERSHIP BENEFITS OR THESE TERMS AND CONDITIONS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

18.4 IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE GIANTS’ PARTIES ARISING FROM OR RELATING TO THE MEMBERSHIP BENEFITS OR THESE TERMS AND CONDITIONS EXCEED THE AMOUNT PAID BY YOU TO THE GIANTS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18.5 THE GIANTS’ PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATING TO THE BENEFITS OR THESE TERMS AND CONDITIONS AFTER ONE (1) YEAR FROM THE DATE THAT THE CLAIM ACCRUED.

18.6 YOU HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATING TO THE BENEFITS OR THESE TERMS AND CONDITIONS. FURTHERMORE, YOU MAY PURSUE ANY CLAIM AGAINST THE GIANTS’ PARTIES ONLY ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM, OR PARTICIPATE AS A PLAINTIFF, REPRESENTATIVE, OR MEMBER, IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OF ANY NATURE.

19. Indemnification. You agree that you will indemnify, defend, and hold harmless the Giants’ Parties from and against any and all demands, claims, suits, causes of action, whether at law or in equity, costs, expenses and attorney fees, and/or any liability whatsoever, for any injuries and/or damages whatsoever sustained by anyone, whether to their persons, property, and/or reputation, as a result of or incident to (i) your negligence (whether active or passive) or willful misconduct, (ii) your breach of these Terms and Conditions, (iii) your violation of any applicable law, rule, or regulation, (iv) your access to and/or use of the Digital Content, and (v) your access to and/or use of any Member Collectibles. The foregoing indemnity will apply to any and all costs and expenses incurred by or on behalf of the Giants’ Parties in defending and/or preparing to defend against any such claims, suits, and/or liability.

20. Attorneys’ Fees. To the extent permitted by applicable law, the prevailing party in any action, litigation, or proceeding conducted in connection with a dispute between the Giants’ Parties and you shall be entitled to recover all costs and expenses of such action, litigation, or proceeding (including costs and attorneys’ fees) from the other party.

21. Governing Law. These Terms and Conditions, and all aspects of the Benefits, will be governed by and construed in accordance with the laws of the State of California and any applicable federal law without regard to choice of law rules or principles. You agree to irrevocably submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, in connection with all matters and issues arising from or relating to the Benefits or these Terms and Conditions. You agree not to bring any claim or action except in such courts, and you irrevocably waive all claims, defenses, and objections based on improper venue, inconvenient forum, and/or lack of personal jurisdiction with respect to such courts. Notwithstanding the foregoing, you agree that the Giants may apply for or otherwise seek injunctive relief in any jurisdiction and/or venue.

22. No Waiver of Rights. The failure of the Giants to seek redress for any violation of, or to insist upon the strict performance of, any covenant, term, condition, representation, and/or warranty set forth in these Terms and Conditions will not constitute a waiver of such rights or in any way limit or prevent the subsequent enforcement of any such covenant, term, condition, representation, and/or warranty. The various rights, powers, and/or remedies of the Giants or herein contained will not be considered as exclusive of, but will be considered cumulative to, any rights, powers, and/or remedies now or hereafter existing at law or in equity and/or created by these Terms and Conditions.

23. MANDATORY ARBITRATION AGREEMENT & CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)

The Giants care deeply about maintaining good relationships with fans. If you have a problem with your Membership, any Benefits, including Ticket Benefits, and/or relating to parties accompanying you to a game or event (the “Event”), a telephone call to customer service may resolve the matter quickly and amicably. Any dispute not resolved informally must be resolved in accordance with this Arbitration Agreement.

This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.

Unless prohibited by federal law, Member and the Giants and China Basin Ballpark Company LLC (the “Venue”) agree to arbitrate any and all claims and disputes relating in any way to Member’s purchase or use of this Ticket and/or those of any accompanying party for whom Member retains a ticket to attend the Event with or without Member (each of whom Member represents have authorized Member to act on their behalf in accepting the applicable ticket terms) (“Accompanying Party”), Member’s and/or any Accompanying Party’s participation in, attendance at, and/or observation of the Event, the Agreement, and any related dealings between them, including, without limitation, claims of bodily injury or property damage arising out of Member’s and/or Accompanying Party’s attendance at and/or participation in the Event, any claim based on contract, tort, equity or statute, and the determination of the validity, interpretation or scope of the parties’ agreement to arbitrate (“Arbitration Claims”), through BINDING INDIVIDUAL ARBITRATION conducted in the City and County of San Francisco, California, administered by and in accordance with the Streamlined Arbitration Rules and Procedures of JAMS or, if such rules no longer exist, the then existing rules of practice and procedure of JAMS (both sets of rules are collectively referred to as the “Rules of JAMS”), and judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. The arbitrator shall be a retired California or federal judge selected in accordance with the Rules of JAMS. The arbitrator and not a jury will decide the dispute. Member will be responsible for paying its share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees it would have incurred if it had brought a claim in court. The Giants or Venue will be responsible for any additional arbitration fees. Giants or Venue will consider in good faith making a temporary advance of Member’s share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. Except as otherwise required by law, the parties agree that the arbitration procedure will be confidential, all conduct, statements, promises, offers, views and opinions, oral or written, made during the arbitration by any party or a party’s agent, employee or attorney will remain confidential and, where appropriate, will be considered work product and privileged, and the existence and the results of the arbitration will be maintained by the parties and their respective agents, employees and attorneys as confidential at all times. The arbitrator in an arbitration proceeding shall have the power to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to Member, any Accompanying Party, Giants, Venue, MLB Entities, defined below, Released Parties, defined below, and their affiliates alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. Notwithstanding any other provision, the parties agree that this Arbitration Agreement extends to any other parties involved in any Arbitration Claims, including, but not limited to, any Accompanying Party, guests of Member, including guests who are minors, MLB Entities, the Released Parties, and that any Arbitration Claims brought by or against such parties shall be settled under this Arbitration Agreement. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this Arbitration Agreement, you must notify us in writing by either (a) mailing a written opt-out notice, postmarked within forty-five (45) days after executing this Agreement to San Francisco Giants, Attn: Legal Department, Re: Arbitration, 24 Willie Mays Plaza, San Francisco, CA 94107 or (b) emailing a notice to [email protected] within forty-five (45) days of executing this Agreement. The notice must include your full name, address, date, account number, and the statement “I reject the Arbitration Agreement contained in my Giants Ticket Agreement.” If you exercise the right to reject arbitration, the other terms of the Agreement shall remain in full force and effect as if you had not rejected arbitration.

Class Action Waiver (“Class Action Waiver”). In any Arbitration Claim to be resolved by arbitration, neither Member, any Accompanying Party, nor Giants/Venue will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that parties would have in court will not be available or will be more limited in arbitration, including the right to appeal and discovery rights. Each party understands and agrees that by requiring each other to resolve all disputes through individual arbitration, EACH PARTY IS WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION (E.G., PRIVATE ATTORNEY GENERAL), CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.

Notwithstanding any other provision herein, Member and the Giants/Venue may seek relief in a small claims court for Arbitration Claims within its jurisdiction. In addition, Member and the Giants/Venue each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of the Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the Class Action Waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement (including without limitation Class Action Waiver) will survive the termination of the Agreement, the conclusion of the Event, and/or the bankruptcy or insolvency of a party (to the extent permitted by applicable law).

Prior to bringing a claim under this Arbitration Agreement, the Claimant shall give the other party or parties written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to the Giants/Venue shall be sent by mail to San Francisco Giants, Attn: Legal Department, Re: Ticket Claim Notice, 24 Willie Mays Plaza, San Francisco, CA 94010. Any Claim Notice must (a) identify the Claimant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and © be submitted only on behalf of the Claimant, and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Arbitration Claim that the other party reasonably requests and must give the other party a reasonable opportunity to respond to the demand for relief.

“MLB Entities” are: (i) the Giants, (ii) the Venue, (iii) BOC and its related entities, (iv) Major League Baseball Properties, Inc. and its related entities, (v) MLB Advanced Media, L.P. and its related entities, (vi) The MLB Network, LLC, (vii) each of the Major League Baseball Clubs (each, a “Club”), and (viii) each of their respective past, present and future subsidiaries, affiliates, agents, officers, employees and owners.

“Released Parties” are: (i) the MLB Entities, (ii) the MLB Entities’ respective past, present and future licensees, sponsors, and vendors, and all of their successors and assigns, (iii) all other Major League Baseball related entities, (iv) Oracle Park and each and every owner and operator thereof, (v) any local or state governmental body associated with the Oracle Park, (vi) the ticket vendor and/or provider, and (vii) all past, present and future affiliates, successors, assigns, players, managers, coaches, employees, partners, members, directors, officers, owners, agents, representatives and independent contractors of such entities.

24. Provisions Severable. The provisions of these Terms and Conditions are severable, and if any one or more of these provisions is held to be invalid or unenforceable, in whole or in part, the remaining provisions and any partially enforceable provisions will be and remain binding and enforceable.

25. Entire Agreement. These Terms and Conditions constitute the final expression of the understanding and agreement between you and the Giants with respect to the subject matter hereof and a complete and exclusive statement of the terms thereof. Accordingly, these Terms and Conditions supersede all prior and contemporaneous negotiations, understandings, and agreements between you and the Giants with respect to the subject matter hereof. You acknowledge and agree that the Giants have not made any representations or promises in connection with these Terms and Conditions or the subject matter hereof not contained herein.

26. Questions? If you have any questions regarding your Membership or these Terms and Conditions, please contact us by e-mail at [email protected].