904EVER CLUB

Membership Terms and Conditions

The 904Ever Club (the “Club”) is a program provided by Eternal Fan, Inc. (“Eternal Fan”) in coordination with Jacksonville Jaguars, LLC, the owner and operator of the Jacksonville Jaguars National Football League franchise (the “Team”), and EverBank Stadium in Jacksonville, Florida (the “Stadium”), which allows fans of the Jacksonville Jaguars to continue their cherished relationship with the Team during life and after life. The Stadium is owned by the City of Jacksonville, Florida, and operated by Legends Global (such owner and operator hereinafter referred to collectively as the “Stadium Owner”). Any enrollment as a member of the Club is subject to these Terms and Conditions.

1. About Eternal Fan. Eternal Fan works with the Team to conduct the sales and services for members of the Club. Eternal Fan has extensive industry experience catering to families who desire something more than just a standard celebration of life. Eternal Fan is built as a sports marketing company with an emphasis on experiential fan opportunities related to celebrations of life. Eternal Fan was created to provide fans a better way to enjoy the places where great memories have been made. 
2. Membership Levels. The Club has the following membership levels:

1. Enrollment. A person enrolls as a member of the Club, and officially becomes a “Fan in life, Fan after life®,” by selecting a membership level, paying the associated membership fee listed in Section 2 (Membership Levels) (the “Membership Fee”), and agreeing to these Terms and Conditions. As proof of enrollment, Founders Level members receive an Eternal Seat®, and Legacy Level and Community Level members receive an Eternal Ticket®.
2. Fan Space® Use and Access. Enrollment in the Club grants each member the right to use a Fan Space®, the sports equivalent of a fan locker or time capsule, in one of the Club’s monument installations at the Stadium (the “Monuments”). Founders Level members are assigned a private Fan Space®, and Legacy Level and Community Level members are assigned a shared Fan Space®, each with the dimensions listed in Section 2 (Membership Levels). Each member receives a level-specific Living Memory pouch, the approved container for storing the member’s cherished personal items (their “Living Memory”) in their Fan Space®.

A Club member may use their Fan Space® to self-store the member’s cherished personal items, subject to restrictions Eternal Fan establishes from time to time in its discretion. Stored items must be sealed and/or secured in a suitable container, fit within the dimensions of the member’s assigned Fan Space®, and must not be explosive, corrosive, illegal, biodegradable, perishable, hazardous, or otherwise a danger to humans, animals, the Monuments, the Stadium, or the surrounding environment.

All items placed in a Fan Space® are self-stored by, remain the property of, and remain at all times in the exclusive possession and control of, the member. Eternal Fan acts solely as a provider of the Fan Space® and does not take possession of, exercise control over, or assume any responsibility for stored items. With respect to stored items, the relationship between the member and Eternal Fan is that of licensee and licensor of space, not bailor and bailee. The physical structure of the Fan Space® and Monuments remains the property of Eternal Fan, the Team, or the Stadium Owner, as applicable. 

ETERNAL FAN, THE TEAM, THE STADIUM OWNER, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ASSUME NO RISK AND NO LIABILITY WHATSOEVER FOR ANY ITEMS WHILE LOCATED IN ANY FAN SPACE®, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, DETERIORATION, THEFT, OR DESTRUCTION, REGARDLESS OF CAUSE. EACH MEMBER ACKNOWLEDGES THAT ALL ITEMS ARE PLACED IN A FAN SPACE® AT THE MEMBER’S SOLE RISK. AFTER AN ITEM IS PLACED IN A STRUCTURE, A MEMBER IS NOT ENTITLED TO ANY REFUND OF THE MEMBERSHIP FEE EXCEPT AS EXPRESSLY PROVIDED IN SECTION 20 (TERMINATION AND SUSPENSION).

ETERNAL FAN’S SERVICES AND STRUCTURES ARE NOT REGULATED AS CEMETERIES, COLUMBARIUMS, OR FINAL DISPOSITION FACILITIES. FAN SPACES® ARE OFFERED SOLELY AS SELF-STORAGE SPACES, SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, AND ARE NOT INTENDED OR OFFERED FOR USE AS A FINAL RESTING PLACE OR FINAL DISPOSITION LOCATION. MEMBERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT ITEMS PLACED IN A FAN SPACE® COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

A member is permitted one (1) access to their Fan Space® without charge; additional access requires additional fees and is at Eternal Fan’s discretion. Eternal Fan determines access timing in its discretion, typically around main or important events at the Stadium. Members agree to be bound by all Team, Stadium Owner, and Stadium rules and requirements as posted or otherwise made available at the Stadium, including the requirement to purchase a separate stadium entry ticket before visiting the Monument, and a member’s continued use of a Fan Space® following any change to venue rules constitutes acceptance of the changed rules.

1. Fan Roster. Enrollment in the Club grants members the right to add names to the “Fan Roster,” a physical monument or memorial, visible to all Stadium visitors, listing the names of members or their designees. Eternal Fan and the Team will determine the Fan Roster’s location in their discretion and by mutual agreement, subject to the approval of the Stadium Owner.
2. Additional Fan Memories® and Club Services. Additional Fan Memories® and Club services, including special tributes and Celebrations of a Fan’s Life, are available for additional charges, at the discretion of and coordinated through Eternal Fan and the Team.
3. Placement of Club Monuments and Fan Spaces®. Eternal Fan and the Team will determine the placement of the Monuments in their discretion (subject to the approval of the Stadium Owner), and the Team and Stadium Owner may relocate the Monuments in their discretion without notice to members if relocated within the Stadium or elsewhere on the Stadium grounds. If a Monument is to be relocated off the Stadium grounds, members will be notified in accordance with Florida state law and given the opportunity to retrieve their personal items; items not retrieved within ninety (90) days of notification by Eternal Fan, the Team, or the Stadium Owner may be treated as abandoned property and disposed of in accordance with Florida state law. Each member is encouraged to designate an authorized representative to retrieve items on the member’s behalf if the member is unable to do so.
4. Stewardship Account. Eternal Fan shall maintain a separate, dedicated account that shall not be commingled with Eternal Fan’s general operating funds or funds related to any other program of Eternal Fan (the “Stewardship Account”). Eternal Fan shall deposit into the Stewardship Account an amount equal to seven percent (7%) of the gross proceeds collected from Membership Fees, as calculated by Eternal Fan, which calculation shall be final and binding absent manifest error. Amounts held in the Stewardship Account may be invested by Eternal Fan in accordance with terms and conditions agreed upon by Eternal Fan and the Team and/or Stadium Owner. Amounts in the Stewardship Account shall be used solely for: (a) maintenance of the Monuments, including cleaning, repairs related to wear and tear, and replacement of damaged components; (b) servicing of Fan Spaces®, including fulfillment and servicing costs related to maintaining the condition and integrity of Fan Spaces®; and (c) Club events and services targeted generally to members.
5. Relationship of Eternal Fan, the Team and the Stadium Owner. Nothing in these Terms and Conditions creates a partnership, joint venture, agency, or employment relationship between Eternal Fan and either the Team or the Stadium Owner. Neither the Team nor the Stadium Owner is a party to these Terms and Conditions; provided that each of the Team and the Stadium is an intended third-party beneficiary as provided in Section 13 (Limitation of Liability).
6. Data Privacy. By enrolling in the Club, each member agrees to the collection, use, storage, and disclosure of personal information as described in this Section 10 and in Eternal Fan’s Privacy Policy, available at www.goeternalfan.com/privacy (the “Privacy Policy”), which is incorporated herein by reference. As between Eternal Fan and the member, this Section 10 controls over any conflicting provision of the Privacy Policy.

1. Categories of Personal Information Collected. “Personal information” means information that identifies, relates to, describes, or is reasonably capable of being associated with or linked, directly or indirectly, to a particular consumer or household, excluding de-identified, aggregate, or publicly available information. Eternal Fan may collect the following categories of personal information in connection with enrollment and participation in the Club: (i) identifiers such as name, email address, mailing address, and phone number; (ii) payment and billing information, including credit card or bank account details; (iii) membership account credentials and preferences; (iv) information about items stored in a Fan Space®, including descriptions, photographs, or inventories voluntarily provided by the member; (v) communications between the member and Eternal Fan or the Team and/or Stadium Owner, including content and information the member elects to provide in such communications; (vi) access logs and records of visits to a Fan Space®; (vii) location information; and (viii) device information, IP addresses, and usage data collected through Eternal Fan’s website or applications. Some of the information identified above may be considered sensitive data under certain laws. Eternal Fan does not collect sensitive personal information except as voluntarily provided by the member in connection with enrollment and participation in the Club, and will process any such sensitive information only with the member’s explicit consent and solely to provide the requested services.
2. Purposes of Use. Eternal Fan may use personal information to: (i) administer membership accounts, process enrollment, and provide Club services; (ii) process payments and maintain billing records; (iii) coordinate access to Fan Spaces® and Club events; (iv) communicate with members regarding their membership, services, and program updates, and respond to member inquiries and provide customer support; (v) send marketing and promotional communications, subject to member opt-out preferences; (vi) comply with applicable laws, regulations, and legal obligations; (vii) protect the rights, property, or safety of Eternal Fan, the Team, the Stadium Owner, members, or others; (viii) perform its obligations and enforce its rights relating to a member’s enrollment and membership in, and participation in the services and activities of, the Club; and (ix) develop, maintain, analyze, improve, optimize, measure, and report on Eternal Fan’s services and products, their features, and how users interact with them, including by analyzing member information and creating aggregated data derived from it. Eternal Fan shall not process personal information for purposes beyond those disclosed to the member at or before collection, except with the member’s consent or as otherwise permitted by applicable law.
3. Disclosure to the Team and Stadium Owner. By enrolling in the Club, each member acknowledges and agrees that Eternal Fan may disclose the personal information described in Section 10(a) to the Team, the Stadium Owner, and their respective affiliated organizations and foundations for (i) fulfillment of Club services and (ii) subject to member opt-out preferences, the marketing and promotion by the Team, the Stadium Owner, and/or their affiliated organizations and foundations of their products, services, and programs.
4. Disclosure to Third Parties. Eternal Fan may disclose the personal information described in Section 10(a), for the purposes described in this Section 10, to: (i) payment processors and financial institutions for payment processing; (ii) service providers and contractors assisting with program administration, customer support, marketing, or technology services, provided they are contractually bound to use personal information only for the specified purposes and to implement reasonable security measures; (iii) professional advisors, including attorneys, accountants, and auditors, subject to confidentiality obligations; (iv) law enforcement, government agencies, or other parties as required by law or legal process or to protect the rights, property, or safety of Eternal Fan, the Team, the Stadium Owner members, or others; and (v) a successor entity in connection with a merger, acquisition, or sale of all or substantially all of Eternal Fan’s assets. Eternal Fan does not sell personal information for monetary consideration.
5. Marketing Communications. Eternal Fan may send members marketing and promotional communications regarding the Club, Eternal Fan products and services, the Team, and/or the Stadium Owner. Members may opt out of receiving marketing communications at any time by following the unsubscribe instructions in any marketing email, contacting Eternal Fan at privacy@goeternalfan.com, or exercising any right under applicable law to opt out of targeted advertising. Opting out will not affect transactional or service-related communications regarding a member’s account or participation in the Club.
6. Data Security. Eternal Fan uses commercially reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, use, disclosure, alteration, or destruction, but no website, mobile application, system, electronic storage, online service, or method of Internet transmission is completely secure, and Eternal Fan cannot guarantee absolute security.
7. Data Retention and Disposal. Eternal Fan retains personal information as long as reasonably necessary to fulfill the purposes described in this Section 10 or to comply with applicable legal obligations, resolve disputes, or enforce agreements. Eternal Fan considers its legal and business obligations, potential risks of harm, and the nature of the information when deciding how long to retain personal information. At the end of the retention period, personal information will be deleted, destroyed, or de-identified.
8. Consumer Privacy Rights. Depending on their state of residence, members may have certain rights with respect to their personal information, including the right to: (i) confirm whether Eternal Fan is processing their personal information and access it; (ii) correct inaccuracies in it; (iii) request its deletion; (iv) obtain a copy in a portable format; (v) opt out of its processing for targeted advertising, its sale (if applicable), or profiling in furtherance of decisions that produce legal or similarly significant effects; (vi) limit the use and disclosure of sensitive personal information; and (vii) know the categories of personal information collected, the purposes for collection, and the categories of third parties with whom it is shared. Members may exercise any applicable rights by contacting Eternal Fan at privacy@goeternalfan.com or through the mechanism described in the Privacy Policy. Eternal Fan will respond to verified requests in accordance with applicable law and will not discriminate against any member for exercising privacy rights. Nothing in this Section 10 limits any rights or remedies available to members under applicable law.
9. Children’s Privacy. The Club is not intended for, and Eternal Fan does not knowingly collect personal information from, children under the age of eighteen (18) or the age of majority in their jurisdiction of residence, whichever is older. If Eternal Fan learns that it has collected such information, it will take steps to delete it.
10. Updates to Privacy Practices. Subject to Section 19 (Modification of Terms) with respect to any material modification of this Section 10, Eternal Fan may update its privacy practices and the Privacy Policy from time to time and will communicate material changes as required by law. A member’s continued participation in the Club following notice of such changes constitutes acceptance of them.
11. Third-Party Privacy Practices. Eternal Fan is not responsible for the privacy practices of third parties, including the Team, the Stadium Owner, payment processors, or any websites or services linked from Eternal Fan’s website, and is not liable for their acts or omissions with respect to personal information except to the extent Eternal Fan has failed to comply with its obligations under this Section 10 regarding the selection or oversight of such third parties. Members are encouraged to review the privacy policies of third parties with whom they interact.

1. Intellectual Property. All trademarks, service marks, logos, trade names, and other intellectual property associated with the Club, including but not limited to Fan Memories®, Fan Spaces®, Eternal Fan®, Eternal Seat®, Eternal Ticket®, and Fan in life, Fan after life® (collectively, the “Eternal Fan Marks”), are the exclusive property of Eternal Fan or its licensors. Without Eternal Fan’s prior written consent, members may not use, reproduce, distribute, or create derivative works of any Eternal Fan Marks or other content, materials, designs, or intellectual property of Eternal Fan, and nothing in these Terms and Conditions grants any member any right, title, or interest therein. The names, logos, and marks of the Team, the Stadium Owner, the National Football League and its member clubs, and the Stadium, including “Jacksonville Jaguars” and “Jaguars,” are the property of their respective owners and are not licensed to members under these Terms and Conditions.
2. Eligibility. The Club is available only to individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, and each member represents and warrants by enrolling that they meet this requirement and have the legal capacity to enter into these Terms and Conditions.
3. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL ETERNAL FAN, THE TEAM, THE STADIUM OWNER, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROPERTY, USE, PROFITS, DATA, OR GOODWILL, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE CLUB, OR A MEMBER’S STORAGE OF PERSONAL ITEMS IN A FAN SPACE®, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ETERNAL FAN’S, THE TEAM’S, AND THE STADIUM OWNER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE CLUB SHALL NOT EXCEED THE TOTAL MEMBERSHIP FEES ACTUALLY PAID BY THE MEMBER TO ETERNAL FAN. THE TEAM, THE STADIUM OWNER, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “TEAM PARTIES”) ARE INTENDED THIRD-PARTY BENEFICIARIES OF THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION, SECTION 14 (WARRANTY DISCLAIMER), AND SECTION 15 (ASSUMPTION OF RISK).
4. WARRANTY DISCLAIMER. THE CLUB, ALL FAN SPACES®, AND ALL RELATED SERVICES AND STRUCTURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ETERNAL FAN AND THE TEAM PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE CLUB, ANY FAN SPACE®, ANY STRUCTURE, OR ANY SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR AS TO THE CONDITION, SUITABILITY, OR DURABILITY OF ANY STRUCTURE OR FAN SPACE®. NO ORAL OR WRITTEN INFORMATION OR ADVICE FROM ETERNAL FAN, THE TEAM PARTIES, OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
5. Assumption of Risk. Each member acknowledges that participation in the Club and storage of personal items in a Fan Space® involve inherent risks, including but not limited to the risk of loss, damage, deterioration, or destruction of items due to natural events, structural conditions, acts of third parties, or other causes beyond Eternal Fan’s control, and voluntarily assumes all such risks and releases Eternal Fan, the Team, the Stadium Owner, and their respective affiliates, officers, directors, employees, and agents (the Team Parties being intended third-party beneficiaries, as provided in Section 13 (Limitation of Liability)) from all claims, demands, and causes of action arising from or related to such risks.
6. Governing Law. Except as otherwise expressly provided herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles.
7. Dispute Resolution. Each member irrevocably agrees that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the Club shall be resolved by binding arbitration in Linn County, Iowa, administered by the American Arbitration Association under its Consumer Arbitration Rules, with Eternal Fan paying all filing fees and administrative costs to the extent those rules require. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. EACH MEMBER AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THIS ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID. Any dispute not resolved by arbitration, whether because this arbitration provision is void or because the claim is not subject to arbitration under applicable law, shall be brought exclusively in the state or federal courts located in or serving Linn County, Iowa, and each member irrevocably consents to the jurisdiction and venue of such courts.
8. WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE CLUB, OR ANY MEMBER’S PARTICIPATION THEREIN THAT IS NOT RESOLVED BY BINDING ARBITRATION UNDER SECTION 17 (DISPUTE RESOLUTION), INCLUDING ANY PROCEEDING IN THE STATE OR FEDERAL COURTS LOCATED IN OR SERVING LINN COUNTY, IOWA. EACH MEMBER CERTIFIES THAT (I) NO REPRESENTATIVE OF ETERNAL FAN, THE TEAM, OR THE STADIUM OWNER HAS REPRESENTED THAT ETERNAL FAN, THE TEAM, OR THE STADIUM OWNER WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THIS WAIVER, (II) THE MEMBER UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) THE MEMBER MAKES THIS WAIVER VOLUNTARILY, AND (IV) THE MEMBER HAS BEEN INDUCED TO ENTER INTO THESE TERMS AND CONDITIONS BY, AMONG OTHER THINGS, THE WAIVERS AND CERTIFICATIONS IN THIS SECTION.
9. Modification of Terms. Eternal Fan reserves the right, in its sole discretion, to modify these Terms and Conditions at any time, effective upon posting the revised version on Eternal Fan’s website or notice to the member by email or other reasonable means, and a member’s continued participation in the Club after such notice constitutes acceptance; provided, however, that no modification shall materially diminish a member’s rights with respect to a Fan Space® already assigned to the member without the member’s prior consent. A member who does not agree to a material modification may reject it by written notice to Eternal Fan within thirty (30) days after posting or notice, in which case the prior version of these Terms and Conditions shall continue to apply to the member’s participation in the Club and existing Fan Space®.
10. Termination and Suspension. Eternal Fan may, in its sole discretion, suspend or terminate any member’s participation in the Club, or revoke access to any Fan Space®, at any time for cause, including but not limited to a member’s breach of these Terms and Conditions, violation of Stadium rules, or conduct that Eternal Fan reasonably determines to be harmful, disruptive, or in violation of applicable law, and may terminate a member’s participation without cause upon thirty (30) days’ written notice. Upon any termination, the member shall have ninety (90) days to retrieve personal items from their Fan Space®, after which items may be treated as abandoned property and disposed of in accordance with applicable Florida state law. Upon termination without cause by Eternal Fan, Eternal Fan shall refund a pro-rata portion of the Membership Fee, calculated based on the time remaining relative to the expected useful life of the Club as determined by Eternal Fan in its reasonable discretion; no refund is due upon termination for cause or voluntary withdrawal by the member.
11. Force Majeure. Eternal Fan shall not be liable for any failure or delay in performance under these Terms and Conditions to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government action, labor disputes, power failures, or disruptions to the Stadium or the Monument, including closures or renovations to the Stadium and changes to the Team’s home schedule.
12. Severability. If a court of competent jurisdiction holds any provision of these Terms and Conditions invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent, and the remaining provisions shall continue in full force and effect.
13. Entire Agreement. These Terms and Conditions, together with any enrollment forms, order confirmations, and Eternal Fan’s Privacy Policy, constitute the entire agreement between the member and Eternal Fan with respect to the Club and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral.
14. Assignment. Eternal Fan may assign or transfer these Terms and Conditions, or any of its rights or obligations hereunder, at any time without notice to or consent of the member. A member may not assign or transfer their enrollment, Fan Space®, or any rights under these Terms and Conditions without the prior written consent of Eternal Fan.
15. Waiver. Eternal Fan’s failure to enforce any right or provision of these Terms and Conditions is not a waiver of it, and any waiver must be in writing and signed by an authorized representative of Eternal Fan.