WM Phoenix Open FAQ's

No alcoholic beverages may be brought onto or taken from the Tournament grounds.

All fans purchasing alcohol, who appear to be less than 30 years old, must present a valid ID.

No alcohol will be served to guests who appear intoxicated.

There will be a two (2) drink limit per transaction.

NO Pets except for service animals.

For security purposes, you consent to the reasonable inspection of your person and property before entering the Tournament, which may include metal detection.

Fans are encouraged to limit the number of items they bring with them to the Tournament. They will be allowed to carry one (1) of the following style and size bag, package, or container:

• Bags that are clear plastic or clear vinyl and do not exceed 6” x 6” x 6” or a one-gallon clear plastic freezer bag

• Purses, bags, or clutches no larger than 4.5” x 6.5”

• Please review all 2024 Security Procedures here

Prohibited bags include but are not limited to: large purses, coolers, briefcases, backpacks, luggage of any kind, computer bags or any bag larger than the permissible size.

See full list of prohibited items HERE.

This policy is not intended to interfere with guests attending with specific medical needs or guests caring for young children.

No bag check or locker services will be available. Patrons will be asked to return any prohibited items to their vehicle.

NO Signs or Banners are allowed at the Tournament.

NO Alcoholic Beverages may enter or leave the Tournament.

NO outside Food or Beverages may enter the Tournament except for sealed bottled water and medical or infant needs.

NO Glass Cups, Cans or Containers of any kind except for medical or infant needs.

NO Coolers of any kind.

Reusable plastic or metal cups/bottles that are empty upon entry and exit and cannot hold more than 32 ounces will be allowed on grounds.

No standalone photo or video cameras (outside of mobile devices) on competition days. Photo and video cameras are allowed practice days only (prior to Thursday of Tournament week).

Mobile phones are allowed at the Tournament  but must comply with the following PGA TOUR Mobile Device Policy guidelines:

• Devices must be on silent at all times; flash may not be used.
• Devices may be used to capture video, audio and photos (content) in all areas throughout tournament week.
• Content may be used for personal purposes (e.g., personal social media); no commercial use.
• No live streaming or real-time coverage (e.g., no shot-by-shot coverage).
• Data use (e.g., texting) is permitted in all areas throughout tournament week.
• Phone calls are allowed only in designated areas.
• Please be respectful of play and do not interfere with players, caddies or media.
• All posted signage and instructions from tournament staff must be observed.
• Failure to comply with this policy may result in the revocation of your ticket.

Ages 15 and younger are free into tournament grounds but only those 3 years and younger will be permitted into the hospitality venues without a credential.

WM Phoenix Open 2025/Hospitality Terms and Conditions

              These terms and conditions (the “Terms”) apply when you (“Purchaser”) purchase from The Thunderbirds any hospitality package and related benefits  (the “Hospitality Package”) at the WM  Phoenix Open Golf Tournament (the “Tournament”) commencing on February 3, 2025 (the “Tournament Week”) at the TPC Scottsdale Golf Course located in Scottsdale, Arizona (the “Golf Site”) through the website – https://wmphoenixopen.com (the “Website”) or through The Thunderbirds.  The Thunderbirds will only sell Hospitality Packages on these Terms and Purchaser’s acceptance of these Terms is a condition to the purchase of a Hospitality Package.  These Terms shall not apply to and shall not amend in any manner any separate Sponsorship Agreement or other agreement entered into by The Thunderbirds with a third party related to hospitality or other sponsor benefits set forth in such separate agreement.

1. Acceptance; Entire Agreement. All purchases of a Hospitality Package are governed exclusively by these Terms and the Fan Code of Conduct.  These Terms, the Fan Code of Conduct, together with the Order and Email Order Acknowledgement or similar form issued by The Thunderbirds and referencing these Terms (collectively, the “Agreement“) constitute the entire agreement between The Thunderbirds and Purchaser pertaining to the Hospitality Package, and supersede all prior or contemporaneous negotiations, discussions, understandings or agreements between the parties.

2. Hospitality Package; Payment Terms; Changes related to Health and Safety. The Thunderbirds agree to provide Purchaser with the Hospitality Package for the Tournament in return for payment by Purchaser of the price set forth in the Transaction communication with Purchaser.  No refunds will be made to Purchaser with the exception of the provisions set forth in Section 6  The Thunderbirds reserve the absolute right to cancel the Agreement in the event Purchaser fails to pay any fee in a timely manner and Purchaser shall forfeit any rights to use and occupy the Hospitality Space pursuant to the License granted pursuant to Section 4 below.  If Purchaser fails for any reason (with the exception of excuse of performance for a Force Majeure Event as set forth in Section 6 below) to occupy or use the Hospitality Space during the Tournament, no refund of fees shall be made and all fees required pursuant to the Agreement, including any disbursements or expense incurred by The Thunderbirds in connection therewith, shall be retained by The Thunderbirds as liquidated damages and not by way of penalty.  The availability of the purchased Hospitality Package may be limited or restricted for use and the number of daily credentials and general admission tickets, as applicable, may be reduced or limited based upon PGA Tour guidelines or federal and/or state restrictions, orders, regulations, or guidance related to health and safety, including as a result of Covid-19.

3. Term. The term of the Agreement (“Term”) shall commence as of the date Purchaser is invoiced for the applicable Hospitality Package and shall terminate, unless terminated earlier as provided for herein, as of the conclusion of the Tournament and Purchaser’s right to occupy the Hospitality Space.  All payments made by Purchaser in connection with the purchase of a Hospitality Package shall be non-refundable except as provided in Section 6 dealing with the cancellation of the Tournament due to a Force Majeure Event.

4. Grant of License. In connection with the purchase of the Hospitality Package and payment of the applicable fee, The Thunderbirds hereby grant to Purchaser a temporary and conditional license (the “License”) for access to the hospitality space (the “Hospitality Space”) and the Golf Site applicable to the Hospitality Package purchased by Purchaser at the Golf Site.  Purchaser and its guests’ right to access to the Hospitality Space and the Golf Site pursuant to the License granted herein shall be during the daily hours of the Tournament Week (“Hours of Occupancy”).  Hours of Occupancy are subject to change based upon tee times and TV broadcast times as determined by The Thunderbirds and the PGA Tour.  Purchaser and its guests will completely vacate the Hospitality Space and the Golf Site by the end of the Hours of Occupancy.  Purchaser acknowledges that access pursuant to the License to the Hospitality Space and the Golf Site is limited to the Hours of Occupancy.  The Thunderbirds shall have the right to assign where the Hospitality Space is located at the Golf Site, as applicable, based upon the Hospitality Package purchased by Purchaser.  The Thunderbirds shall have the right to control the use and occupancy of the Hospitality Space and all other portions of the Golf Site at all times.  In connection with the Hospitality Space and the License granted to Purchaser, Purchaser agrees to (a) comply with the Tournament’s ticket and/or wristband policy for all Purchaser’s guests; (b) use the Hospitality Space in a safe and peaceful manner; (c) not to cause any disturbance to interfere with other Hospitality Space or other guests’ enjoyment of the Tournament; (d) use the Hospitality Space consistent with the degree of decorum and respectful behavior appropriate for a PGA Tour event; and (e) surrender and/or vacate the Hospitality Space, as applicable, at the end of the Term and leave the Hospitality Space and the furnishings in the same condition in which they existed at the date of the commencement of the term (ordinary wear and tear excepted).

5. Use of WMPO Trademarks. Purchaser acknowledges that Purchaser shall not use the WM  Phoenix Open name or logo, or any other trademark owned by The Thunderbirds for any purpose without the prior written consent of The Thunderbirds.

6. Excuse of Performance (Force Majeure Event). If the Tournament is terminated or cancelled prior to commencement of the Tournament or during the Tournament Week due to a Force Majeure Event, The Thunderbirds shall be excused from performance of the Agreement and the granting of the License for access to the Hospitality Space and the Golf Site.  A Force Majeure Event shall mean an event beyond the reasonable control of The Thunderbirds, whether foreseeable or unforeseeable, including an act of God, severe weather, war, act or omission of any government authority, including any order, rule, regulation or advisory that impacts, cancels or limits the playing of the Tournament, disaster, fire, flood, accident or other casualty, strike or threat of strike, civil disorder, act and/or threat of terrorism, curtailment of transportation services or facilities, epidemic, pandemic, quarantine, virus outbreaks, shortages of supplies, power or other infrastructure, or any other event or circumstance not within the control of the Thunderbirds, whether similar or dissimilar to any of the foregoing, making it illegal, impossible or impracticable to hold, or reschedule the Tournament and/or provide the Hospitality Space to Purchaser.  Purchaser acknowledges that if the current Covid-19 pandemic results in a cancellation of the Tournament for public health and safety, including due to government order or regulation, and the Tournament is not rescheduled, this shall constitute a Force Majeure Event and the Thunderbirds shall be excused from performance under the Agreement.  Purchaser acknowledges that if the Tournament is rescheduled and if the Hospitality Space is provided to Purchaser by The Thunderbirds, then Purchaser shall be obligated to perform its obligations under the Agreement.  In the event the Tournament is cancelled prior to the commencement of the Tournament and not rescheduled based upon a Force Majeure Event, Purchaser shall be entitled to a return of the amount paid for the Hospitality Package.

7. No Warranties. No representation, warranties or agreements, oral or written, expressed or implied, have been made by either party hereto with respect to the Agreement, the Hospitality Package or the Hospitality Space, except as are expressly stated herein. Although the Hospitality Space and the food and beverage services provided to Purchaser pursuant to the Agreement are obtained from sources believed to be reliable, they are provided “as is”, with no warranty, including, but not limited to, a warranty of merchantability or fitness for any particular purpose.

8. Remedies. In the event of any breach of the Agreement by The Thunderbirds, the Purchaser’s sole and exclusive remedy shall not exceed the amount paid for the Hospitality Package.  Neither party shall be liable for any incidental or consequential damages resulting from the breach of the other party hereunder.  The Thunderbirds will not be responsible for any costs of collection, including legal fees and costs and Purchaser will reimburse The Thunderbirds for any fees paid by The Thunderbirds in connection therewith.

9. Acknowledgements of Covid-19 & Other Risks. Purchaser fully understands that (1) the novel coronavirus commonly known as COVID-19 and any resulting disease is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (2) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at the Tournament and Golf Site by local, state and federal governmental agencies; the Thunderbirds, PGA Tour, and/or TPC Scottsdale can eliminate the risk of exposure to COVID-19; (3) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, and (ii) 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 Purchaser’s family members, and other persons in proximity to Purchaser; and (4) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.

10. Wavier/Indemnification. Purchaser waives any and all claims and Purchaser shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) The Thunderbirds and its directors, officers, employees, agents, representatives and affiliates (collectively, “The Thunderbirds Indemnified Parties”) from and against all claims, demands, actions, lawsuits, damages, liabilities, losses, settlements, judgements, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arises out of or relates to: (i) any breach of any representation or warranty of Purchaser contained in the Agreement, (ii) any breach or violation of any covenant or other obligation or duty of Purchaser under the Agreement or under applicable law, (iii) any injury or damage occurring in or about the Hospitality Space (with the exception of any injury or damage which is directly attributed to the gross negligence or willful or wanton misconduct of The Thunderbirds Indemnified Parties, or (iv) any breach or default on the part of Purchaser in the performance of any covenant to be performed pursuant to the Agreement, or under applicable law, except to the extent caused by the gross negligence or willful or wanton misconduct of any of The Thunderbirds Indemnified Parties.  Purchaser assumes all risk and liability for the use and the operation of the Hospitality Space (including the risks related to Covid-19 as provided in Section9) and the loss or damage of Purchaser’s personal property arising from any action attributable to Purchaser, its agents, employees, or other persons invited or admitted to the Hospitality Space by Purchaser.  Purchaser acknowledges that The Thunderbirds are not responsible for Purchaser’s property or the property of others.

11. Insurance. Purchaser shall, at its own expense, while the Agreement is in effect, maintain a comprehensive general liability insurance policy with one or more carriers of recognized standing with limits of liability of at least $1,000,000 per occurrence covering all property damage and personal injury arising out of activities related to the Agreement and the License granted herein.  Purchaser waives all rights of recovery against The Thunderbirds and its respective officers, directors, employees and agents for all injury to persons or loss or damage to Purchaser, its property, or the property of others, which is insured against or covered by any insurance benefiting Purchaser or which was required to be so insured or covered as provided in this Section 11.

12. Miscellaneous Provisions. (a) The Agreement contains the entire agreement between the parties and shall be deemed to have been executed under and subject to and constructed in accordance with the laws of the State of Arizona; (b) The terms of the Agreement may not be changed or modified unless agreed to in writing and signed by both parties; (c) The Agreement and any rights herein shall not be assigned, sublicensed, or otherwise transferred (in whole or in part) by Purchaser without the prior written consent of The Thunderbirds and any attempt by Purchaser to assign, sublicense, or other transfer, whether voluntary or by operation of law, shall be void and of no force and effect; (d) If any term, covenant, condition or provision of the Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of the Agreement or application of such term or provision to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition, or provision of the Agreement shall be valid and shall be enforced to the fullest extent provided by law; (e) The Agreement shall be deemed to supersede all prior agreements and understandings between the parties in respect to the subject matter addressed in the Agreement; (f) The Thunderbirds reserve the right to terminate the Agreement, effective upon ten (10) days prior written notice to Purchaser if Purchaser shall file in any court pursuant to any statute of either the United States or any state, a petition of bankruptcy or insolvency, or for reorganization, or for the appointment of a receiver or trustee of all or a substantial portion of Purchaser’s property or if Purchaser makes an arrangement for the benefit of creditors, or a petition in bankruptcy is filed against Purchaser; (g) All obligations arising prior to the termination of the Agreement shall survive the termination or expiration of the Agreement, including the provisions of Sections 8 and 10; and (h) The Thunderbirds reserve the right to remove any person who interferes with others at the Tournament and to exercise this authority through its agents or appropriate law enforcement officials.

Check The Weather

Check the weather forecast before you visit the WM Phoenix Open and dress appropriately. Expect cool mornings and sunny afternoons, so dressing in layers is the best idea.

Must-Have Items: Sunscreen, hat, comfortable shoes and binoculars

We take pride in the fact that the WM Phoenix Open has become one of the premiere sporting events in the country, attracting record-numbers of fans from throughout the United States and the world.

Disruptive Fan behavior will not be tolerated at the WM Phoenix Open.  Those engaging in violations of the Fan Code of Conduct are subject to immediate ejection and potential criminal trespass.

To ensure a fun, safe and memorable experience for all, please adhere to the tournament’s Code of Conduct

• Fans will respect the Tournament Players, Caddies, Officials and other fans.
• Fans will enjoy the WM Phoenix Open free from disruptive behavior including, but not limited to –FOUL OR ABUSIVE LANGUAGE, obscene gestures, fighting, throwing objects, attempting to disrupt play or distract Tournament Players from their professional game. Such behavior includes taunting players, caddies and officials, volunteers or other fans. Those who engage in any of these actions are subject to immediate ejection from the Tournament and subject to criminal trespass.
• Fans will avoid engaging in behavior that endangers the safety of Tournament Players, caddies, officials, volunteers or other spectators.
• Fans consuming alcoholic beverages will do so in a responsible manner. Impaired, or intoxicated fans will be removed from the tournament grounds and subject to criminal trespass or prosecution.
• Underage fans who are found to be consuming alcoholic beverages or any fan who assists in purchasing or supplying alcoholic beverages to underage fans will be removed from the tournament grounds in a prompt and safe manner and subject to criminal prosecution.
• Tournament volunteers, ambassadors, security and police personnel are trained to intervene where necessary to help ensure that the above expectations are met, and fans are encouraged to report any inappropriate behavior to the nearest tournament representative.
• The Thunderbirds reserve the right to deny entry or eject from the tournament fans displaying inappropriate behavior.
• Fans who choose not to adhere to any of these provisions will be subject to ejection without refund. Hospitality Package holders and/or their guests who are identified violating any of these provisions are subject to revocation of their hospitality suite, box and/or package for the remainder of the tournament and all future tournaments.

The Thunderbirds thank you in advance for adhering to the WM Phoenix Open Fan Code of Conduct. Your cooperation ensures the WM Phoenix Open will continue its tradition as not only the biggest event on the PGA TOUR, but also the best!

RESPECT THE PLAYERS – RESPECT THE GAME – RESPECT EACH OTHER

Inclement Weather Policy

Spectators will be alerted to weather that tournament officials identify as potentially dangerous. Weather warnings will be broadcast on the electronic leader boards that are located throughout the golf course. Spectators should take appropriate precautions upon observing any weather warnings and avoid hilltops/high places, golf carts, isolated trees and wire fences.

A prolonged blast on an air horn, repeated once, will indicate that tournament play has been suspended, all attendees should seek safe shelter immediately. Two short blast of an air horn, repeated once, will indicate play has resumed.

Everyone attending the Tournament is subject to search at the entrances and on the course at any time.

• Walk-through metal detectors will be used at each entrance gate for everyone including volunteers, spectators, working staff, media, etc.

Items that are prohibited from being brought into the tournament include:

Please review the full list of prohibited and permissible items HERE.

Any misconduct, illegal activity, intoxication, use of illegal substance, breaches of etiquette, disruptive behavior, heckling, or violation of any rule or instruction of Tournament representatives or violation of this license is prohibited and shall be grounds for forfeiture of your ticket and for your removal from the premises.

The sale or give-away of tournament tickets and badges at the tournament site is prohibited except by The Thunderbirds.

NO Re-Entry is allowed at the Tournament

Smoking is allowed on Tournament grounds except where signage states it is prohibited.

WM Phoenix Open 2025
Ticket Terms and Conditions

              These terms and conditions (the “Terms”) apply when you (“Purchaser”) purchase from The Thunderbirds any Admission Tickets and related benefits  (the “Tickets”) at the WM Phoenix Open Golf Tournament (the “Tournament”) commencing on February 3, 2025 (the “Tournament Week”) at the TPC Scottsdale Golf Course located in Scottsdale, Arizona (the “Golf Site”) through the website – https://wmphoenixopen.com (the “Website”) or through The Thunderbirds.  The Thunderbirds will only sell Tickets on these Terms and Purchaser’s acceptance of these Terms is a condition to the purchase of Tickets.

1. Acceptance; Entire Agreement. All purchases of Tickets are governed exclusively by these Terms and the Fan Code of Conduct.  These Terms, the Fan Code of Conduct, together with the Order and Email Order Acknowledgement or similar form issued by The Thunderbirds and referencing these Terms (collectively, the “Agreement“) constitute the entire agreement between The Thunderbirds and Purchaser pertaining to the Tickets, and supersede all prior or contemporaneous negotiations, discussions, understandings or agreements between the parties.

2. Tickets; Payment Terms; Changes related to Health and Safety. The Thunderbirds agree to provide Purchaser with Tickets for the Tournament in return for payment by Purchaser of the price set forth in the Transaction communication with Purchaser.  No refunds will be made to Purchaser with the exception of the provisions set forth in Section 6  The Thunderbirds reserve the absolute right to cancel the Agreement in the event Purchaser fails to pay any fee in a timely manner and Purchaser shall forfeit any rights to Tickets pursuant to the License granted pursuant to Section 4 below.  If Purchaser fails for any reason (with the exception of excuse of performance for a Force Majeure Event as set forth in Section 6 below) to use Tickets during the Tournament, no refund of fees shall be made and all fees required pursuant to the Agreement, including any disbursements or expense incurred by The Thunderbirds in connection therewith, shall be retained by The Thunderbirds as liquidated damages and not by way of penalty.  The availability of the purchased Tickets may be limited or restricted for use, may be reduced or limited based upon PGA Tour guidelines or federal and/or state restrictions, orders, regulations, or guidance related to health and safety, including as a result of Covid-19.

3. Use of WMPO Trademarks. Purchaser acknowledges that Purchaser shall not use the WM Phoenix Open name or logo, or any other trademark owned by The Thunderbirds for any purpose without the prior written consent of The Thunderbirds.

4. Excuse of Performance (Force Majeure Event). If the Tournament is terminated or cancelled prior to commencement of the Tournament or during the Tournament Week due to a Force Majeure Event, The Thunderbirds shall be excused from performance of the Agreement and the granting of the License for access to Tickets and the Golf Site.  A Force Majeure Event shall mean an event beyond the reasonable control of The Thunderbirds, whether foreseeable or unforeseeable, including an act of God, severe weather, war, act or omission of any government authority, including any order, rule, regulation or advisory that impacts, cancels or limits the playing of the Tournament, disaster, fire, flood, accident or other casualty, strike or threat of strike, civil disorder, act and/or threat of terrorism, curtailment of transportation services or facilities, epidemic, pandemic, quarantine, virus outbreaks, shortages of supplies, power or other infrastructure, or any other event or circumstance not within the control of the Thunderbirds, whether similar or dissimilar to any of the foregoing, making it illegal, impossible or impracticable to hold, or reschedule the Tournament and/or provide the Tickets to Purchaser.  Purchaser acknowledges that if the current Covid-19 pandemic results in a cancellation of the Tournament for public health and safety, including due to government order or regulation, and the Tournament is not rescheduled, this shall constitute a Force Majeure Event and the Thunderbirds shall be excused from performance under the Agreement.  Purchaser acknowledges that if the Tournament is rescheduled and if the Tickets are provided to Purchaser by The Thunderbirds, then Purchaser shall be obligated to perform its obligations under the Agreement.  In the event the Tournament is cancelled prior to the commencement of the Tournament and not rescheduled based upon a Force Majeure Event, Purchaser shall be entitled to a return of the amount paid for the Tickets.

5. No Warranties. No representation, warranties or agreements, oral or written, expressed or implied, have been made by either party hereto with respect to the Agreement, the Tickets, except as are expressly stated herein. Although the Tickets provided to Purchaser pursuant to the Agreement are obtained from sources believed to be reliable, they are provided “as is”, with no warranty, including, but not limited to, a warranty of merchantability or fitness for any particular purpose.

6. Remedies. In the event of any breach of the Agreement by The Thunderbirds, the Purchaser’s sole and exclusive remedy shall not exceed the amount paid for the Tickets.  Neither party shall be liable for any incidental or consequential damages resulting from the breach of the other party hereunder.  The Thunderbirds will not be responsible for any costs of collection, including legal fees and costs and Purchaser will reimburse The Thunderbirds for any fees paid by The Thunderbirds in connection therewith.

7. Acknowledgements of Covid-19 & Other Risks. Purchaser fully understands that (1) the novel coronavirus commonly known as COVID-19 and any resulting disease is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (2) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at the Tournament and Golf Site by local, state and federal governmental agencies; the Thunderbirds, PGA Tour, and/or TPC Scottsdale can eliminate the risk of exposure to COVID-19; (3) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, and (ii) 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 Purchaser’s family members, and other persons in proximity to Purchaser; and (4) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.

8. Wavier/Indemnification. Purchaser waives any and all claims and Purchaser shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) The Thunderbirds and its directors, officers, employees, agents, representatives and affiliates (collectively, “The Thunderbirds Indemnified Parties”) from and against all claims, demands, actions, lawsuits, damages, liabilities, losses, settlements, judgements, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arises out of or relates to: (i) any breach of any representation or warranty of Purchaser contained in the Agreement, (ii) any breach or violation of any covenant or other obligation or duty of Purchaser under the Agreement or under applicable law, (iii) any injury or damage occurring in or about the Tournament grounds (with the exception of any injury or damage which is directly attributed to the gross negligence or willful or wanton misconduct of The Thunderbirds Indemnified Parties, or (iv) any breach or default on the part of Purchaser in the performance of any covenant to be performed pursuant to the Agreement, or under applicable law, except to the extent caused by the gross negligence or willful or wanton misconduct of any of The Thunderbirds Indemnified Parties.

9. Miscellaneous Provisions. (a) The Agreement contains the entire agreement between the parties and shall be deemed to have been executed under and subject to and constructed in accordance with the laws of the State of Arizona; (b) The terms of the Agreement may not be changed or modified unless agreed to in writing and signed by both parties; (c) The Agreement and any rights herein shall not be assigned, sublicensed, or otherwise transferred (in whole or in part) by Purchaser without the prior written consent of The Thunderbirds and any attempt by Purchaser to assign, sublicense, or other transfer, whether voluntary or by operation of law, shall be void and of no force and effect; (d) If any term, covenant, condition or provision of the Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of the Agreement or application of such term or provision to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition, or provision of the Agreement shall be valid and shall be enforced to the fullest extent provided by law; (e) The Agreement shall be deemed to supersede all prior agreements and understandings between the parties in respect to the subject matter addressed in the Agreement; (f) The Thunderbirds reserve the right to terminate the Agreement, effective upon ten (10) days prior written notice to Purchaser if Purchaser shall file in any court pursuant to any statute of either the United States or any state, a petition of bankruptcy or insolvency, or for reorganization, or for the appointment of a receiver or trustee of all or a substantial portion of Purchaser’s property or if Purchaser makes an arrangement for the benefit of creditors, or a petition in bankruptcy is filed against Purchaser; (g) All obligations arising prior to the termination of the Agreement shall survive the termination or expiration of the Agreement, including the provisions of Sections 8 and 10; and (h) The Thunderbirds reserve the right to remove any person who interferes with others at the Tournament and to exercise this authority through its agents or appropriate law enforcement officials.
10. WM Phoenix Open 2025/Hospitality Terms and Conditions

    These terms and conditions (the “Terms”) apply when you (“Purchaser”) purchase from The Thunderbirds any hospitality package and related benefits  (the “Hospitality Package”) at the WM  Phoenix Open Golf Tournament (the “Tournament”) commencing on February 3, 2025 (the “Tournament Week”) at the TPC Scottsdale Golf Course located in Scottsdale, Arizona (the “Golf Site”) through the website – https://wmphoenixopen.com (the “Website”) or through The Thunderbirds.  The Thunderbirds will only sell Hospitality Packages on these Terms and Purchaser’s acceptance of these Terms is a condition to the purchase of a Hospitality Package.  These Terms shall not apply to and shall not amend in any manner any separate Sponsorship Agreement or other agreement entered into by The Thunderbirds with a third party related to hospitality or other sponsor benefits set forth in such separate agreement.

    1. Acceptance; Entire Agreement. All purchases of a Hospitality Package are governed exclusively by these Terms and the Fan Code of Conduct.  These Terms, the Fan Code of Conduct, together with the Order and Email Order Acknowledgement or similar form issued by The Thunderbirds and referencing these Terms (collectively, the “Agreement“) constitute the entire agreement between The Thunderbirds and Purchaser pertaining to the Hospitality Package, and supersede all prior or contemporaneous negotiations, discussions, understandings or agreements between the parties.

     

    2. Hospitality Package; Payment Terms; Changes related to Health and Safety. The Thunderbirds agree to provide Purchaser with the Hospitality Package for the Tournament in return for payment by Purchaser of the price set forth in the Transaction communication with Purchaser.  No refunds will be made to Purchaser with the exception of the provisions set forth in Section 6  The Thunderbirds reserve the absolute right to cancel the Agreement in the event Purchaser fails to pay any fee in a timely manner and Purchaser shall forfeit any rights to use and occupy the Hospitality Space pursuant to the License granted pursuant to Section 4 below.  If Purchaser fails for any reason (with the exception of excuse of performance for a Force Majeure Event as set forth in Section 6 below) to occupy or use the Hospitality Space during the Tournament, no refund of fees shall be made and all fees required pursuant to the Agreement, including any disbursements or expense incurred by The Thunderbirds in connection therewith, shall be retained by The Thunderbirds as liquidated damages and not by way of penalty.  The availability of the purchased Hospitality Package may be limited or restricted for use and the number of daily credentials and general admission tickets, as applicable, may be reduced or limited based upon PGA Tour guidelines or federal and/or state restrictions, orders, regulations, or guidance related to health and safety, including as a result of Covid-19.

     

    3. Term. The term of the Agreement (“Term”) shall commence as of the date Purchaser is invoiced for the applicable Hospitality Package and shall terminate, unless terminated earlier as provided for herein, as of the conclusion of the Tournament and Purchaser’s right to occupy the Hospitality Space.  All payments made by Purchaser in connection with the purchase of a Hospitality Package shall be non-refundable except as provided in Section 6 dealing with the cancellation of the Tournament due to a Force Majeure Event.

     

    4. Grant of License. In connection with the purchase of the Hospitality Package and payment of the applicable fee, The Thunderbirds hereby grant to Purchaser a temporary and conditional license (the “License”) for access to the hospitality space (the “Hospitality Space”) and the Golf Site applicable to the Hospitality Package purchased by Purchaser at the Golf Site.  Purchaser and its guests’ right to access to the Hospitality Space and the Golf Site pursuant to the License granted herein shall be during the daily hours of the Tournament Week (“Hours of Occupancy”).  Hours of Occupancy are subject to change based upon tee times and TV broadcast times as determined by The Thunderbirds and the PGA Tour.  Purchaser and its guests will completely vacate the Hospitality Space and the Golf Site by the end of the Hours of Occupancy.  Purchaser acknowledges that access pursuant to the License to the Hospitality Space and the Golf Site is limited to the Hours of Occupancy.  The Thunderbirds shall have the right to assign where the Hospitality Space is located at the Golf Site, as applicable, based upon the Hospitality Package purchased by Purchaser.  The Thunderbirds shall have the right to control the use and occupancy of the Hospitality Space and all other portions of the Golf Site at all times.  In connection with the Hospitality Space and the License granted to Purchaser, Purchaser agrees to (a) comply with the Tournament’s ticket and/or wristband policy for all Purchaser’s guests; (b) use the Hospitality Space in a safe and peaceful manner; (c) not to cause any disturbance to interfere with other Hospitality Space or other guests’ enjoyment of the Tournament; (d) use the Hospitality Space consistent with the degree of decorum and respectful behavior appropriate for a PGA Tour event; and (e) surrender and/or vacate the Hospitality Space, as applicable, at the end of the Term and leave the Hospitality Space and the furnishings in the same condition in which they existed at the date of the commencement of the term (ordinary wear and tear excepted).

     

    5. Use of WMPO Trademarks. Purchaser acknowledges that Purchaser shall not use the WM  Phoenix Open name or logo, or any other trademark owned by The Thunderbirds for any purpose without the prior written consent of The Thunderbirds.

     

    6. Excuse of Performance (Force Majeure Event). If the Tournament is terminated or cancelled prior to commencement of the Tournament or during the Tournament Week due to a Force Majeure Event, The Thunderbirds shall be excused from performance of the Agreement and the granting of the License for access to the Hospitality Space and the Golf Site.  A Force Majeure Event shall mean an event beyond the reasonable control of The Thunderbirds, whether foreseeable or unforeseeable, including an act of God, severe weather, war, act or omission of any government authority, including any order, rule, regulation or advisory that impacts, cancels or limits the playing of the Tournament, disaster, fire, flood, accident or other casualty, strike or threat of strike, civil disorder, act and/or threat of terrorism, curtailment of transportation services or facilities, epidemic, pandemic, quarantine, virus outbreaks, shortages of supplies, power or other infrastructure, or any other event or circumstance not within the control of the Thunderbirds, whether similar or dissimilar to any of the foregoing, making it illegal, impossible or impracticable to hold, or reschedule the Tournament and/or provide the Hospitality Space to Purchaser.  Purchaser acknowledges that if the current Covid-19 pandemic results in a cancellation of the Tournament for public health and safety, including due to government order or regulation, and the Tournament is not rescheduled, this shall constitute a Force Majeure Event and the Thunderbirds shall be excused from performance under the Agreement.  Purchaser acknowledges that if the Tournament is rescheduled and if the Hospitality Space is provided to Purchaser by The Thunderbirds, then Purchaser shall be obligated to perform its obligations under the Agreement.  In the event the Tournament is cancelled prior to the commencement of the Tournament and not rescheduled based upon a Force Majeure Event, Purchaser shall be entitled to a return of the amount paid for the Hospitality Package.

     

    7. No Warranties. No representation, warranties or agreements, oral or written, expressed or implied, have been made by either party hereto with respect to the Agreement, the Hospitality Package or the Hospitality Space, except as are expressly stated herein. Although the Hospitality Space and the food and beverage services provided to Purchaser pursuant to the Agreement are obtained from sources believed to be reliable, they are provided “as is”, with no warranty, including, but not limited to, a warranty of merchantability or fitness for any particular purpose.

     

    8. Remedies. In the event of any breach of the Agreement by The Thunderbirds, the Purchaser’s sole and exclusive remedy shall not exceed the amount paid for the Hospitality Package.  Neither party shall be liable for any incidental or consequential damages resulting from the breach of the other party hereunder.  The Thunderbirds will not be responsible for any costs of collection, including legal fees and costs and Purchaser will reimburse The Thunderbirds for any fees paid by The Thunderbirds in connection therewith.

     

    9. Acknowledgements of Covid-19 & Other Risks. Purchaser fully understands that (1) the novel coronavirus commonly known as COVID-19 and any resulting disease is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (2) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at the Tournament and Golf Site by local, state and federal governmental agencies; the Thunderbirds, PGA Tour, and/or TPC Scottsdale can eliminate the risk of exposure to COVID-19; (3) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, and (ii) 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 Purchaser’s family members, and other persons in proximity to Purchaser; and (4) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.

     

    10. Wavier/Indemnification. Purchaser waives any and all claims and Purchaser shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) The Thunderbirds and its directors, officers, employees, agents, representatives and affiliates (collectively, “The Thunderbirds Indemnified Parties”) from and against all claims, demands, actions, lawsuits, damages, liabilities, losses, settlements, judgements, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arises out of or relates to: (i) any breach of any representation or warranty of Purchaser contained in the Agreement, (ii) any breach or violation of any covenant or other obligation or duty of Purchaser under the Agreement or under applicable law, (iii) any injury or damage occurring in or about the Hospitality Space (with the exception of any injury or damage which is directly attributed to the gross negligence or willful or wanton misconduct of The Thunderbirds Indemnified Parties, or (iv) any breach or default on the part of Purchaser in the performance of any covenant to be performed pursuant to the Agreement, or under applicable law, except to the extent caused by the gross negligence or willful or wanton misconduct of any of The Thunderbirds Indemnified Parties.  Purchaser assumes all risk and liability for the use and the operation of the Hospitality Space (including the risks related to Covid-19 as provided in Section9) and the loss or damage of Purchaser’s personal property arising from any action attributable to Purchaser, its agents, employees, or other persons invited or admitted to the Hospitality Space by Purchaser.  Purchaser acknowledges that The Thunderbirds are not responsible for Purchaser’s property or the property of others.

     

    11. Insurance. Purchaser shall, at its own expense, while the Agreement is in effect, maintain a comprehensive general liability insurance policy with one or more carriers of recognized standing with limits of liability of at least $1,000,000 per occurrence covering all property damage and personal injury arising out of activities related to the Agreement and the License granted herein.  Purchaser waives all rights of recovery against The Thunderbirds and its respective officers, directors, employees and agents for all injury to persons or loss or damage to Purchaser, its property, or the property of others, which is insured against or covered by any insurance benefiting Purchaser or which was required to be so insured or covered as provided in this Section 11.

     

    12. Miscellaneous Provisions. (a) The Agreement contains the entire agreement between the parties and shall be deemed to have been executed under and subject to and constructed in accordance with the laws of the State of Arizona; (b) The terms of the Agreement may not be changed or modified unless agreed to in writing and signed by both parties; (c) The Agreement and any rights herein shall not be assigned, sublicensed, or otherwise transferred (in whole or in part) by Purchaser without the prior written consent of The Thunderbirds and any attempt by Purchaser to assign, sublicense, or other transfer, whether voluntary or by operation of law, shall be void and of no force and effect; (d) If any term, covenant, condition or provision of the Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of the Agreement or application of such term or provision to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition, or provision of the Agreement shall be valid and shall be enforced to the fullest extent provided by law; (e) The Agreement shall be deemed to supersede all prior agreements and understandings between the parties in respect to the subject matter addressed in the Agreement; (f) The Thunderbirds reserve the right to terminate the Agreement, effective upon ten (10) days prior written notice to Purchaser if Purchaser shall file in any court pursuant to any statute of either the United States or any state, a petition of bankruptcy or insolvency, or for reorganization, or for the appointment of a receiver or trustee of all or a substantial portion of Purchaser’s property or if Purchaser makes an arrangement for the benefit of creditors, or a petition in bankruptcy is filed against Purchaser; (g) All obligations arising prior to the termination of the Agreement shall survive the termination or expiration of the Agreement, including the provisions of Sections 8 and 10; and (h) The Thunderbirds reserve the right to remove any person who interferes with others at the Tournament and to exercise this authority through its agents or appropriate law enforcement officials.