TERMS & CONDITIONS OF USE FOR MFC SEASON CARDS Definitions In these Conditions of Use the following words and phrases shall have the following meanings: - “Club” means Middlesbrough Football Club. “Conditions of Use” means these terms and conditions governing the issue and use of a Season Card. “Ground” means the football ground and all other locations owned, occupied or utilised by the Club. “Ground Regulations” means those ground regulations issued by the Club from time to time that set out the terms and conditions upon which spectators are granted entry to the Ground (copies of which are available on the Club’s website, mfc.co.uk, or upon request). “Guest” means a relative, friend, colleague and/or companion to the disabled who would be entitled to purchase a Season Card under the Terms and Conditions of Entry. “Match” means any Premier League or Football League football match in which the Club participates and that takes place at the Ground during Season 2016-2017. For the avoidance of doubt this does not include any Football League play-off fixtures. “Season Card” means any Season Ticket smartcard (and/or any rights arising out of or in connection with any of the foregoing) for admission to Matches. “Terms & Conditions of Entry” means each of the rules and regulations of FIFA, UEFA, The Football Association, The Football Association Premier League Limited and The Football League; the Ground Regulations; and the Conditions of Use (all of which are available from the Club on request). 1. Issue of Season Card 1.1. The issue of a Season Card and subsequent access to the Ground is subject to the Terms & Conditions of Entry. 1.2. Season Cards are for the use of supporters of the Club only. By applying for a Season Card and/or using the same you hereby warrant and represent that you are a supporter of the Club. 1.3. Under 11s must be accompanied by an adult. 2. Admission to the Ground 2.1. Use of a Season Card constitutes acceptance of the Terms & Conditions of Entry. 2.2. A Season Card permits you to occupy at the Match the seat indicated on the Season Card subject to clauses 2.3 and 2.4. 2.3. The Club reserves the right to allocate to you, prior to or during the Season, such other alternative seat of equal or greater price as the Club may decide using its reasonable discretion. 2.4. Nothing in these Conditions of Use shall constitute or imply any entitlement to occupy the seat indicated on the Season Card or any other seat in any subsequent season. 2.5. A Season Card also permits you to utilize the stand and concourse area allocated to the seat indicated on the Season Card or such other seat as decided by the Club. Movement to another stand or concourse area is not permitted except in an emergency and when directed by a steward or police officer. 2.6. Any audio-visual recording within the Ground is subject to the clauses 16 and 19 of the Ground Regulations. 2.7. Save for official Club merchandise and/or other football related clothing worn in good faith, you shall not bring into, use or display within the Ground any sponsorship, promotional, marketing or defamatory materials. 2.8. You shall not offer or distribute (either free or for sale by any person) within the Ground any consumer article or commercial product of any nature. For the avoidance of doubt this clause shall not prevent the lawful distribution of text publications in any format which do not infringe clause 2.6 where both the content and the publication are lawful in all respects and do not in the Club’s reasonable opinion constitute a threat to public order, subject to the prior written consent of the Club being obtained. 2.9. The Club reserves the right to refuse admission to, or eject from, the Ground any person who fails to comply with the Terms & Conditions of Entry. 3. Use of Season Card 3.1. Season Cards are issued for your sole use and you shall not resell, assign or (save as set out in clause 3.2 below) transfer or lend the Season Card or the benefit of it to any other person without the prior written consent of the Club. The reference to reselling the Season Card includes reference to offering to sell a Season Card, exposing a Season Card for sale, making a Season Card available for sale by another and advertising that a Season Card is available for purchase. For the avoidance of doubt (and by way of example only) this Season Card may not be offered as a prize in any promotion or competition nor transferred, lent or sold to any third party as part of a hospitality or travel package, given to a third party who agrees to buy another good or service, or used for any other commercial purpose, save as expressly authorised by the Premier League, The Football League or the Club. 3.2. You may only resell or transfer the Season Card to a Guest with the express written consent of the Club given at the Club’s absolute discretion. No such resale or transfer will be permitted except where the same takes place in respect of an individual match and in consideration of no payment or benefit in excess of the face value of a ticket to that Match and such transfer does not take place during the course of any business or for the purpose of facilitating any third party’s business save for any secondary ticketing operator expressly approved by the Club. Such resale or transfer to any Guest is hereby provided to be subject to the Terms and Conditions of Entry which will (save for any rights to transfer under this clause) apply to that Guest as if he/she was the original purchaser of the Season Card (and you must inform the Guest of this). 3.3. The unauthorised sale or disposal of tickets (including Season Cards) is a criminal offence under section 166 of the Criminal Justice and Public Order Act 1994, as amended by the Violent Crime Reduction Act 2006. The Club will inform the police if it becomes aware that Season Cards are being sold illegally and will press charges against those breaking this law. If you are convicted of a ticket touting offence, or we reasonably suspect you have committed a ticketing offence, we will notify the Premier League/Football League who may in turn notify other Premier League/Football League Clubs and/or the UK Football Policing Unit. The information that we share may include your personal details, information about the offence and about ticket purchases (including payment details). We will use this to identify and prevent ticketing offences and disorder at matches. 3.4. The Season Card will remain the property of the Club at all times and must be produced together with evidence of your identity if required to do so by any official, steward or employee of the Club or any police officer. The Club reserves the right to require the immediate return of the Season Card at any time. 3.5. Any Season Card obtained or used in breach of the Terms & Conditions of Entry shall be automatically void and all rights conferred or evidenced by such Season Ticket shall be nullified. Misuse of this Season Card may result in the holder being refused entry to, or ejected from, the Ground in respect of a particular Match and/or the cancellation, suspension or withdrawal of this Season Card. In the event of any cancellation, suspension or withdrawal in accordance with this clause 3.5, no refund shall be payable to the holder in respect of any games missed through suspension or any unexpired portion of the Season Card. The Club further reserves its right to take any legal action against any person(s) as it sees fit in connection with such matters, including a claim for an account of profits made from an unauthorised use of the Season Card. 4. Three Year Season Cards 4.1. Pricing – in the event of price changes during the period of any three year Season Card no additional charges will be made or rebates given on the original price paid for any such three year Season Card. 4.2. Offers – In the event of any offer (e.g. free drinks) being made to annual Season Card holders in any particular season those offers will be extended on the same terms and conditions to a three year Season Card holder but only for such period as any such offer is available to annual Season Card holders. 5. Changes to Dates, Refunds & Exchanges 5.1. The price of a Season Card, in whole or in part, is nonrefundable. 5.2. No guarantees can be given by the Club that a Match will take place at a particular time or on a particular date. The Club reserves the right to reschedule any Match without notice and without any liability whatsoever. Your Season Card will enable you to attend the re-arranged Match. 5.3. The Club will have no further liability whatsoever, including (but not limited to) any indirect or consequential loss or damage, loss of enjoyment or travel costs. 5.4. In the event that a Season Card Holder requests a temporary relocation to another area of the Ground, no payment is made for seating in the same or lower price categories. A pro-rata payment is made for a move to a more expensive category. No administration charges are made for the first request in a season but subsequent requests will incur a £5 fee to cover administration costs. 6. Concession Pricing 6.1. To qualify for an Under 18 or Under 11 concession ticket, the applicant must be under the relevant age on August 1st 2016. For the avoidance of doubt, anyone who has their 18th birthday on August 1st does not qualify for the concession. 6.2. To qualify for an Over 65 concession ticket, the applicant must be 65 years of age or older on August 1st 2016 6.3. To qualify for an 18 – 21 concession ticket the applicant must be at least 18 years of age but less than 21 years of age on August 1st 2016. For the avoidance of doubt, anyone who has their 21st birthday on August 1st does not qualify for the concession. 7. Lost or Stolen Season Cards 7.1. In order to gain admission to the Ground the Season Card must be presented in its entirety at every Match. 7.2. In the event that you forget your Season Card in respect of any individual Match, the Club shall not be obliged to admit you or issue any other form of ticket for that Match. If a match-day duplicate ticket is issued, the Club may require payment of a non-refundable administration charge. 7.3. If, in the Club’s opinion, a Season Card is damaged, lost, stolen or destroyed, a duplicate Season Card shall be issued by the Club as soon as reasonably practicable after the payment of a non-refundable administration charge. Only one duplicate Season Card will be issued to you per season and you will be required to sign a document confirming that the original Season Card is damaged, lost, stolen or destroyed and indemnifying the Club against any direct or indirect consequences of such matter having been falsely represented or stated to the Club. 7.4. Should any Season Card when applied for not arrive in the post after purchase, you will be required to sign a document confirming this and undertaking to immediately return the original Season Card to the Club should it come into your possession at any time. There will be no charge for the issue of a duplicate Season Card in this instance. 8. Change of Contact Details 8.1. If you change any of your contact details during the season you must notify the Club as soon as reasonably practicable either in writing to Ticket Office, Middlesbrough FC, Riverside Stadium, Middlesbrough, TS3 6RS or by email to supporters@mfc.co.uk 9. Cancellation, Withdrawal & Suspension of Season Card 9.1. Without prejudice to any other remedies it may have, the Club shall have the right in the case of any serious or persistent breach of the Terms & Conditions of Entry to cancel, suspend or withdraw your Season Card. In the event of such cancellation or suspension no refund will be paid in respect of any games missed or any unexpired portion of the Season Card. Without prejudice to the general nature of the above the following actions shall constitute serious breach of the Terms & Conditions of Entry: 9.1.1. smoking in the Ground; 9.1.2. persistent standing in seated areas whilst the Match is in progress; 9.1.3. sale or transfer (save as permitted) of this Season Card to any person; 9.1.4. deliberate misuse of the Season Card; 9.1.5. the supply of any misleading or incorrect information in any application; 9.1.6. persistent swearing during the Match; 9.1.7. the throwing of any object within the Ground without lawful authority or excuse; 9.1.8. entry into the stadium in possession of pyrotechnical or similar devices and / or the discharge of any such devices; 9.1.9. behaving (including chanting) in an indecent, racist or otherwise offensive nature; 9.1.10. any misrepresentation in relation to clause 1.2; 9.1.11. any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) in respect of this Season Card; 9.1.12. damage to property; 9.1.13. threats to or assaults on Club personnel; 9.1.14. use of a season card by a person to whom the card has not been issued unless covered by the provisions outlined in 3.1 and 3.2; 9.2. Without prejudice to any other remedies it may have the Club may in its absolute discretion suspend the use of your Season Card in circumstances where the Club have reason to believe that you have behaved in a manner which is contrary to the Club or any other club’s rules or regulations and/or is deemed by the Club to have brought the Club in to disrepute. 9.3. In the event that your Season Card is withdrawn, cancelled or suspended the Club reserves the right to exclude you from any membership scheme maintained or organised by the Club and/or to disqualify you from applying for any Match ticket or Season Card at its discretion. 10. Exclusion of Liability 10.1. To the maximum extent permitted by law, the Club hereby excludes any liability for loss, injury or damage to persons/property in or around the Ground. 11. Discretionary Benefits 11.1. The Club may from time offer discretionary benefits to Season Card Holders the exact terms of any such offer will be available for inspection under the Season Card section of the website (mfc.co.uk) or on request at the main ticket office. 12. Governing Law 12.1. These Conditions of Issue shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.