Oakland Roots & Soul Membership Agreement
THIS AGREEMENT WILL AUTOMATICALLY RENEW EACH SEASON UNTIL YOU CANCEL IT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
This Season Ticket Agreement (“Agreement”) governs your purchase of season tickets (“Season Tickets”) from, and your relationship with, Oakland Pro Soccer LLC (the “Club,” “Oakland Roots,” “Oakland Soul,” “we,” “our,” or “us”). It applies to the 2025 USL Champion (“USL”) season and any future seasons in which you purchase Season Tickets.
THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER. YOU HAVE A RIGHT TO REJECT THE ARBITRATION AGREEMENT AS DESCRIBED BELOW.
1. Promise to Pay; Payment Options. You promise to pay the annual fee associated with your Season Tickets and any related benefits (together, the “Fee”). The Club has the right to increase or decrease the Fee from season to season. You may pay the Fee in one of two ways:
A. Lump Sum (automatically renews): You agree to pay the entire Fee immediately upon purchase for the 2025 USL season. This plan will automatically renew each year unless you opt-out. We will send you a renewal notice after the 2025 USL season for the 2026 USL season that sets forth the associated Fee. If you do not opt-out you will be charged the 2026 Fee, unless otherwise communicated by the Club. You may also elect to purchase Season Tickets after the applicable season has begun for a prorated Fee which we will communicate to you.
B. Payment Plan (automatically renews): You agree to pay the Fee over time by making 4 substantially equal monthly payments (the “Payment Plan”). This Payment Plan will automatically renew each year unless you opt-out. We will send you an invoice prior to automatic renewal each year informing you of the updated Fee and providing you with instructions on how to opt-out, should you choose to do so. Payments for your 2025 Season Tickets will be due as follows:
Payment Schedule:
First Payment: At time of purchase
Second Payment: January 15, 2025
Third Payment: February 18, 2025
Fourth Payment: March 18, 2025
If you purchase 2025 Season Tickets on or after January 15, 2025, you will make your first two payments at the time of purchase. If you purchase 2025 Season Tickets on or after February 18, 2025, you will make your first three payments at the time of purchase.
2. Tickets. This Agreement grants you a revocable license to use the seats purchased for certain 2025 USL regular season games played by the Club at the stadium located at 7000 Coliseum Way, Oakland, CA (“Coliseum”). It also gives you the option to buy tickets for playoff games played at the Coliseum. These rights are subject to the terms and conditions of this Agreement.
Your tickets do not include special events (such as any international friendly) or other events involving the Club or the Club players or personnel. The Club may (and often do) offer to sell or give you tickets to such events, but we are not required to do so.
Your Season Tickets do not give you any property interest in the Club or the Coliseum. The Club may revoke your Season Tickets and terminate this Agreement at any time, for any reason, in our sole and absolute discretion. For example, we may revoke your Season Tickets (and cancel any future tickets) if you fail to make payments when due, violate this Agreement, or violate Coliseum policies.
Although our standard policy is to allow our Season Ticket holders to renew their Season Tickets each year in the same seat location, we are not required to do so. We reserve the right to relocate your seats at any time. If we do so, you may terminate this Agreement.
You acknowledge and agree that the Club and/or USL may cancel, postpone, reschedule or relocate games for any reason, for example, by moving an Club regular season game from the Coliseum to an alternate venue for a special event, as determined in their sole discretion. You also acknowledge and agree that the Club and/or USL may modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentations of USL games and events.
3. Default. If you fail to pay any sums owing under this Agreement when due, the Club may terminate your Season Ticket license and attempt to sell your tickets to another party without liability to you. Subject to the Arbitration Agreement below, the Club may use all legal rights of enforcement, such as sending your account information to a collections agency, canceling your remaining tickets, or initiating arbitration. If the Club prevails in an action or arbitration proceeding to enforce this Agreement, you will pay the Club’s reasonable costs of collection, including attorneys’ fees and court costs, to the extent permitted by applicable law. Subject to Section 4 (“Abatement”) and the Arbitration Agreement, if we violate this Agreement you may seek damages available under applicable law, but the Club will not in any event be liable for damages greater than the Fee paid by you under this Agreement.
4. Abatement. If you fail to pay any sums owing under this Agreement when due, the Club may terminate your Membership privileges and attempt to sell your tickets to another party without liability to you. Subject to the Arbitration Agreement below, the Club may use all legal rights of enforcement, such as sending your account information to a collections agency, canceling your remaining tickets, or initiating arbitration. Subject to Section 5 (“Abatement”) and the Arbitration Agreement, if we violate this Agreement you may seek damages available under applicable law, but the Club will not in any event be liable for damages greater than the Fee paid by you under this Agreement.
5. Access. A valid ticket is required to enter the Coliseum to view a Club game. No ticket holder will be permitted to enter the Coliseum if their ticket was lost, stolen, or otherwise misplaced. Each ticket allows access only to the seat listed on the ticket during the game listed on the ticket, and areas within the Coliseum the Club opens to the holder of that ticket. Ticket holders are not entitled to access any other parts of the Coliseum. Tickets should be retained throughout the game to allow your seat location to be verified. Once you have entered the Coliseum, you will not be permitted to leave and re-enter.
YOUR PERSON AND YOUR BELONGINGS MAY BE SEARCHED UPON ENTRY INTO THE COLISEUM. BY PRESENTING YOUR TICKET AND ENTERING THE COLISEUM, YOU AND EACH GUEST CONSENT TO SUCH SEARCHES AND WAIVE ANY AND ALL RELATED CLAIMS THAT YOU MIGHT HAVE AGAINST THE CLUB, USL AND EACH OF ITS MEMBER CLUBS, AND ALL OF THE FOREGOING ENTITIES’ AFFILIATES, SERVICE PROVIDERS AND/OR AGENTS. IF YOU ELECT NOT TO CONSENT TO THESE SEARCHES, YOU WILL BE DENIED ENTRY INTO THE COLISEUM. YOU MAY ALSO BE ASKED TO SHOW PROOF OF YOUR COVID-19 VACCINATION STATUS IN ORDER TO ENTER THE VENUE. YOU ARE NOT ENTITLED TO ANY REFUND IF YOU OR YOUR GUESTS ARE UNABLE TO SHOW OR DECLINE TO SHOW PROOF OF COVID-19 VACCINATION STATUS.
6. Conduct. You and any and all persons who use your Season Tickets (“Guests”) shall conduct yourselves appropriately at all times and comply with all applicable laws, Coliseum policies, and directions of governmental authorities and Club or Coliseum personnel. You and your Guest(s) agree to comply with all policies, rules, and regulations established from time to time by the Club in their sole discretion. If you or your Guest(s) violate any of these policies, rules, regulations, or directions, the Club has the absolute right to eject you and your Guest(s) from the Coliseum and/or terminate this Agreement. You and each of your Guest(s) agree to indemnify, defend, and hold harmless the Club, the Coliseum, USL, and each of their service providers, agents, employees, owners, partners, trustees, and related entities, from any and all claims, demands, liabilities and/or damages arising from your conduct or omissions and/or the conduct or omissions of your Guest(s) during any Club game or event or while you are on the Coliseum’s premises. You shall not mar, deface, or otherwise damage the seat(s) associated with your tickets, or any other Coliseum property. You shall be responsible for and shall reimburse the Club for any and all costs for repairs to your seat(s) that are caused by you or your Guest(s) and not the result of normal wear and tear.
7. No Advertising. No one may use your ticket(s) to enter the Coliseum or otherwise use your ticket(s) for advertising, promotion or other commercial purposes, including without limitation contests, sweepstakes, and giveaways, without the express written consent of USL and the Club.
8. Resale of Tickets. You acknowledge that the resale of tickets in violation of California Penal Code § 346 is a misdemeanor and a breach of this Agreement.
9. Risks Assumed/Waiver of Liability. By entering into this Agreement, you voluntarily assume all risks and dangers incident to attending soccer games and the other events you are permitted to attend as a Season Ticket holder, whether such risks and dangers occur before, during, or after any game or event. Such risks and dangers include, but are not limited to, personal or property injury or death caused by or related to contact or interactions with soccer balls or other game equipment, players, vendors and other persons attending or near the game or event. You agree that the Club, USL and all of its member clubs, the Coliseum, and each of their respective employees, players, officers, directors, members, partners, owners, affiliates, sponsors, contractors, service providers and other agents shall not be responsible or liable for any loss, damage or injury, including consequential or indirect damages, from such causes. If you are injured, ask the nearest usher for help and directions to a first aid station.
If you or your Guest(s) bring a minor to a game or other event, you and/or your Guest(s) shall be deemed to have given all of the foregoing grants of rights, releases and waivers on behalf of such minor(s) as their parent or guardian or as the authorized agent of their parent or guardian. If you or your Guest(s) do not wish to or are not authorized to grant such rights, releases and waivers on behalf of the accompanied minor(s), you and/or your Guest(s) should immediately leave the Coliseum or other event venue with the minor(s).
10. Contacting You. You authorize us and our affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, email, or any similar methods then in use and automated email systems in order to provide you with information about this Agreement, your Season Tickets and related benefits, including information about payments and games. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement, your Season Tickets, or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. However, the Messaging Parties are not under any obligation to monitor, record, retain, or reproduce such recordings, unless required by applicable law.
This consent is a material part of the consideration for us to enter into this Agreement, and you may not revoke it. In the event that the foregoing sentence is held to be unenforceable, then you may revoke consent to autodialed calls and text messages only by calling (510) 488-1144 or writing to Ticket Services, 2744 E 11th St K01, Oakland, CA 94601 or tickets@rootssc.com. To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you. To stop emails, you can follow the opt‐out instructions included at the bottom of the Messaging Parties’ emails.
11. Miscellaneous.
A. Waiver; Remedies. No failure or delay by the Club to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy in case of a breach of this Agreement, shall constitute a waiver of any breach or any subsequent breach of such term.
B. Governing Law. Except as otherwise stated in the Arbitration Provision below, any claim, dispute or controversy arising from or relating to this Agreement, whether based in contract, tort, equity, statute or otherwise, and regardless of the place of your residence, is governed by, and construed in accordance with, federal and California law, without regard to conflict of laws principles.
C. Joint and Several Liability. If any holder of Season Tickets is composed of more than one person, or is a partnership or joint venture, the respective individuals, partners, or joint venturers shall be jointly and severally liable for any Season Tickets holder’s obligations under this Agreement, whether or not the individual partners or joint venturers entered this Agreement.
D. Supersedes Previous Agreements. This Agreement supersedes all prior agreements regarding Oakland Roots and Oakland Soul season ticket products. All such agreements will have no further force or effect, and neither party shall have any rights or obligations under such agreements.
E. Labor Disruptions. Notwithstanding anything else to the contrary in this Agreement, in the event any Club home game(s) at the Coliseum are not played due to a strike, lockout, or other work stoppage (collectively, a “Labor Disruption”), you will remain obligated to continue making all payments. The Club will hold such funds as a credit on your season ticket account and apply such credit towards tickets after the conclusion of the Labor Disruption.
F. Club Excuses from Performance. The Club shall be excused from the performance of any our obligations under this Agreement so long as we are prevented by any Act of God, weather conditions, war or other national emergency, act of terrorism, any civil disturbance, Labor Disruption, unavailability of materials or transportation facilities, or the orders or directives of any court or government agency.
G. Attorneys’ Fees and Costs. In the event of a dispute between you and the Club, the prevailing party shall be entitled to recover all of its reasonable attorneys’ fees and costs incurred in such dispute.
H. Other Terms. The rights given to the Club in this Agreement are in addition to any other rights under law. The terms of this agreement are in addition to any applicable Ticket Back Terms and should be read carefully because only those terms in writing are enforceable. Terms or oral promises not contained in this agreement may not be legally enforced.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
12. Arbitration Agreement. Unless prohibited by federal law, you or we may individually elect to arbitrate any and all claims and disputes relating in any way to this Agreement or the parties’ dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. 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.
In any claim or dispute to be resolved by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you or we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH 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, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) or JAMS pursuant to the applicable arbiter’s applicable rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org and from JAMS at www.jamsadr.org. If AAA or JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing. The arbitration shall take place in Oakland, California, where most Club home games are played. The arbitrator’s decision shall be final and binding. The parties agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to any Guest(s) and our employees, affiliated companies, assigns, vendors, service providers and agents.
You and we 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 this 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 will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH HEREIN. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within forty-five (45) days after the date you sign this Agreement. You must send your request by calling (510) 488-1144 or sending an e-mail to: Tickets@rootssc.com. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my season ticket membership agreement.” If you exercise the right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
13. AUTOMATIC RENEWAL TERMS & CANCELLATION POLICY
This Agreement will automatically renew. This means that you are obligated to pay the Fee to the Club for every USL season after you enter into this Agreement unless you terminate this Agreement in the manner described in the Automatic Renewal Cancellation Policy below. You agree to continue to license the use of the seats associated with your Season Tickets under this Agreement for each successive USL season unless and until you exercise your rights under the Automatic Renewal Cancellation Policy.
You understand that the Fee associated with your Season Tickets may increase for any successive season. We will notify you of this increase by sending you an annual invoice prior to auto renewal each year.
Automatic Renewal Cancellation Policy: No later than thirty (30) days following the receipt of the annual invoice provided before each USL season, you may terminate this Agreement by calling (510) 488-1144 or writing to Ticket Services, 2744 E 11th St K01, Oakland, CA 94601, or tickets@rootssc.com. In the event you timely opt-out of the automatic renewal, this Agreement will terminate, you will not be obligated to pay the Fee for the USL season indicated on the invoice or any future seasons, you will not receive season tickets for the USL season indicated on the invoice or any future seasons, and any amounts you have paid for future tickets will be refunded.
Automatic Payment Authorization (“APA”)
Authorization for Scheduled Payments. You authorize us (which, for purposes of this APA, includes our service providers, agents, and assignees) to seek payment of each amount due under the Agreement on or after each payment due date, less any partial prepayments or other credits, by, at our option, either: (a) initiating an electronic debit to the deposit account in the Club online ticketing system, or any subsequent or additional deposit account(s) you provide to the Club (your “Account”) (each electronic debit, an “EFT”); or (b) initiating a charge to the debit or credit card in the Club online ticketing system, or later provided to the Club by you (your “Card”) (each charge, a “Charge”). If you have provided multiple payment cards or deposit accounts to us, and in the event a payment that we attempt to collect fails, you authorize us to attempt to collect such payment by initiating one or more payment attempts to any additional payment cards or deposit accounts that you have provided to us. If any Card or Account that you have previously provided to us changes or expires, you agree to promptly notify us of such change so that there is always at least one valid Card or Account on file. If any payment subject to this Authorization is returned unpaid, you authorize us to reinitiate such payment up to two additional times (or any greater number of times permitted by applicable network rules).
Authorization to Correct Errors and Modify Payments. In the event we make an error in processing a Charge or EFT, you authorize us to initiate a credit or debit to the Card or to the Account to correct the error. If you inadvertently transpose a digit or make a similar error in providing us with information about a payment method, you authorize us to correct the error after verifying the information with you. Instead of or in addition to any payments described above, you authorize us to create or initiate an EFT to the Account or Charge the Card for any amount and on any date that you subsequently confirm by phone, text message, or email.
Authorization to Vary Amounts of Payments. You have the right to receive written notice if any payment we seek will vary from the amounts authorized above. To exercise this right, please send a written request to 2744 E 11th St K01, Oakland, CA 94601. Unless you exercise this right, you authorize us to vary the amount of the payment we seek for any scheduled payment without notice, so long as such payment is at least 80% and no more than 110% of the amount you authorize above.
Bank-Imposed Fees. You understand that your financial institution may charge you a fee if any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability regarding any such fees.
Revoking this Authorization. You may revoke this APA by calling us at (510) 488-1144 or writing to Ticket Services, 2744 E 11th St K01, Oakland, CA 94601 (or any subsequent address we provide to you) in such time and manner as to afford us a reasonable opportunity (typically three business days) to act on your request. Should you revoke this APA without repaying the entirety of the Fee, you will still be responsible for paying any amounts you owe under the Agreement.
Miscellaneous. You understand that a Charge or EFT may not immediately post to the Card or the Account. If a Charge or EFT declines for any reason, you agree that you will be responsible for paying any and all remaining balances immediately. You certify that you are an authorized signor on the Account or an authorized user of the Card. Each Charge to the Card will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. You understand that if you are submitting a card payment, only Visa, MasterCard, Discover and American Express cards are accepted.
