

So What Happens to Season Ticket Holders if There’s a Strike?
By: Laurie | February 26th, 2010
So now that there’s not going to be a strike (yet) we can turn our attention to other things.
Like, y’know, what happens if there is a strike? And specifically, what happens to the most loyal group of fans, the season ticket holders? And their money?
I’ve been wondering about the status of my season ticket money — three midline seats, i.e. not cheap. And the Sounders Ticket Policy page is mum on the issue. So I called my friendly season ticket rep and got the official line:
1) There will not be a strike. Season tickets will be mailed out as scheduled between March 5 and March 15.
2) If there is a strike, (which there won’t be) we’ll cross that bridge when we come to it. No official word on refunds or lack thereof because… Well, there won’t be a strike.
Me, I’m not nearly so sanguine. The real problem here is that we’re not talking about issues with common ground. The players are standing on principle because they feel (and rightly so) that this CBA lays the foundation for how players will be treated into perpetuity. MLS is standing on principle because they feel (possibly correctly) that giving ground on issues like free agency will undermine their legal standing as a single entity, and they value single entity status above all else because they feel it’s what will keep them from an NASL-style collapse.
I can see both sides. What I can also see is that when both sides in a conflict value principle above practicality, there is little room for compromise or middle ground. (See: Middle East, the.)
So where does that leave us, the season ticket holders?
Somebody said on the GoalSeattle forum that we’ll get a refund only if the entire season is canceled. I’ve been searching for a source for that and can’t find one, so we’ll put it in the “unsubstantiated rumors” category. (If anybody has more info on this, please let me know.)
If that should be the case, (and again, I’m not saying it is) it would seem incredibly short-sighted, punishing longterm fans and leaving the casual, last-minute fan unscathed. That doesn’t sound like MLS to me; they’ve been desperate to cultivate a passionate fanbase, and picking our pockets while delivering no product doesn’t seem like the best way to do that.
Unless, of course, screwing over the STH were the standard set by other sports when there’s a strike/lockout. Because if everybody else does something, it makes it a lot easier to do yourself. (Has anybody who visited Rome ever paid for their bus ticket when not in the presence of a transit cop? Didn’t think so.)
So I went searching for precedent.
I found one blanket statement, for the NBA lockout. Good news: All season ticket payments were refunded. With interest.
I also found this interesting and somewhat comforting article on maintaining a customer base in the event of a work stoppage.
Three major professional sports – baseball, basketball and hockey – experienced work stoppages in recent years, creating a unique problem for teams: how to maintain their customer bases when their product is not available.
Most teams are more sophisticated at brand and image advertising than they are at customer relationship management. Many took the obvious steps of offering either an immediate refund, interest on money paid in advance (which usually exceeded that of an average bank account) or letters of apology.
(The article is worth a read in its entirety, if only to remind ourselves that it’s the fans who are the victims in the event of a work stoppage and it can be hard to win us back. Even with refunds. Are you listening, MLS and players?)
On the other hand, the “Total Tickets” website, which sells hockey tickets, has this disclaimer:
If an event is cancelled for any reason other than an act of nature (rainout, earthquake, flood, etc.), war, terrorism, strike, or lockout we will provide a house credit for the amount that you paid for the tickets.
(Must give players and management a feeling of power to know that strikes and lockouts rank right up there with terrorism and war and earthquakes. They’re every bit as omnipotent as tectonic shifts and despotic dictators!)
Sounders FC policy, on the other hand, merely says:
All sales are final.
Which would appear to give them leeway to refund money. Or not.
So, in short, there does not appear to be anything in place that would definitely prevent refunds of season ticket holder money, and there’s plenty of precendent for doing it. And unlike, say, the Denver Broncos, it’s not as if most MLS teams have people standing in line to replace the current STH’s. So my best guess (which is, obviously, a guess)?
Our money is probably safe.
Let’s hope this is a moot point, and that our season is safe too.
UPDATE WITH LEGAL STUFF
As you’ll see in the comments, “Angry Waterfowl” was kind enough to research legal issues:
Alright, the question piqued my curiosity and i did a little research. The quick and dirt consensus of various state courts seems to be:
(1) STH’s plainly have a right to the face value of their tickets for cancelled games
(2) Tickets grant a right of entry only – the club makes no warranty as to quality so games with scabs do not (as a matter of law) warrant a refund [this may not be the case in florida - but most states that have ruled on the issue disagree with the florida precedent and it is unclear at any rate because it dealt with an express term guaranteeing refunds for strike cancelled games]
(3) Interest should only be enforced when one party acts in bad faith or cancels events of its own accord (so a lockout might trigger interest while a strike might not)
In other words, the money we’ve paid out entitles us to…something, or else they have to refund our money. But it does not necessarily entitle us to games with the current issue of Seattle Sounders FC, with Freddie Ljungberg and Kasey Keller. In theory they could upgrade the Kitsap Pumas, play them for 30 games and say they’ve fulfilled their contractual ticket obligations.
I think MLS is smarter at PR than that, though.
Right?
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Comments
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Thanks for the explanation. The uncertainty is excruciating.
Do you think the uncertainty extends to potential new MLS players, too, and is a reason for few new signings in the off-season?Posted from
United States

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Season tickets are a service contract… all sales are final only if they play the games, or else the team is not following through on its part of the contract.
Posted from
United States

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Lord Quas, do you have a source for that? Because I was looking for a legal statement or precedent one way or another and couldn’t find one, but that was only a somewhat half-assed google search. And I was searching specifically for what happens during lockouts and strikes, so perhaps I should have just researched the legalities of ticket sales instead?
If that’s the case, why doesn’t the ticket office instruct their tickets reps to say exactly that?
Any attorneys out there, does the sentence “All sales are final” provide legal cover for MLS to keep the money in the event of a work stoppage? Or would they need legalese like the what’s in the Total Tickets website? Or is it like Lord Quas says and sales are never final until they play the games?
Posted from
United States

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it’s really hard to say where a court would come down on the refund issue. It would obviously depend on the language but also on what state a suit could be brought in.
The good news is that courts are generally reticent to enforce unpalatable terms in these sorts of contracts because they are not negotiable at the time of contracting (the term of art for these take it or leave contracts is “adhesion contract”) – an example being that courts will allow suits for damages against sports clubs when a baseball (or whatever) hits a spectator even though there are clear clauses protecting the clubs against that sort of liability in the contract for sale of the ticket.
My feeling is that most courts would allow STH’s to recover their expenses plus interest regardless of any terms that would seem to protect the clubs and clubs know it, so they’ll just fork over the cash regardless. In fact, i think most courts would be able to grant summary judgment against the clubs pretty quickly if they tried to hold onto our cash.
there could be some wrinkles – i don’t know if there is anything like an arbitration clause or the like that would make actually bringing a suit a bit harder but even then i think a court would decline to enforce terms that would make it hard for STH’s to get relief.
So i guess the final word in opinion is don’t worry about the money.
Posted from
United States

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Alright, the question piqued my curiosity and i did a little research. The quick and dirt consensus of various state courts seems to be:
(1) STH’s plainly have a right to the face value of their tickets for cancelled games
(2) Tickets grant a right of entry only – the club makes no warranty as to quality so games with scabs do not (as a matter of law) warrant a refund [this may not be the case in florida - but most states that have ruled on the issue disagree with the florida precedent and it is unclear at any rate because it dealt with an express term guaranteeing refunds for strike cancelled games]
(3) Interest should only be enforced when one party acts in bad faith or cancels events of its own accord (so a lockout might trigger interest while a strike might not)Posted from
United States

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if they didn’t give refunds… that would be one of the biggest PR mistakes they could get themselves into.
Posted from
United States

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Perhaps an example a little closer to home… Remember that last season when Beckham decided to stay in Europe for and miss the first half of the MLS season, the Galaxy were compelled to give refunds to people who had bought tickets before they had reached an agreement with AC Milan. Here’s a link:
http://articles.latimes.com/2009/mar/08/sports/sp-newswire-newswatch8
So at least there’s a historical example of MLS doing the right thing when paying customers are not getting the value they were promised.
Posted from
United States

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I feel the same way as you do up here in Toronto.
Either way I hope for both of us and all the other fans that the players sort this out in another way.
Can’t wait for this season!
The players should remember they’re being paid to PLAY SOCCER a job that most of us would only DREAM of.
Posted from
United States

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There should be some approach to stop these natural disastor from happening…we must think forward of each possibility, at the least we should do what we should be doing…
Posted from
United States

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