IMPORTANT: This is a legally binding document. By electronically signing or submitting this application or by signing this printed application, the applicant acknowledges reading the document and understands and agrees to the terms and conditions set forth herein.
I am applying for credit, check-cashing and/or marker privileges (independently or collectively referred to herein as "Marker Privileges") from the Mohegan Tribal Gaming Authority ("MTGA"), doing business as Mohegan Sun. I hereby certify the information provided in this application or any supplemental application is true and accurate and that I have not omitted or concealed material information concerning my financial circumstances. To the best of my knowledge, I am not insolvent. I have not filed any bankruptcy petition, nor am I aware of any basis for filing a petition for bankruptcy, and no such involuntary proceeding has been instituted against me.
I understand Mohegan Sun is established on the reservation lands of The Mohegan Tribe of Indians of Connecticut, a federally recognized sovereign Indian Nation. I further understand the Mohegan Tribe has enacted ordinances which, among other things, govern gaming, debts and civil liability on the Tribe's reservation in Connecticut ("Mohegan Tribal Law").
I understand MTGA is authorized under applicable laws, including Mohegan Tribal Law, to operate Mohegan Sun as a gaming facility and that this application and any Marker Privileges extended hereunder shall be governed by, construed and enforced in accordance with Mohegan Tribe Law and other applicable laws. I am providing information in this application as an inducement to MTGA to grant me Marker Privileges and to accept my check or marker in exchange for cash, chips or other consideration. If I omit material information or provide false or inaccurate information on my application, I may be subject to civil and/or criminal liability and penalties. MTGA has the right to revoke any Marker Privileges extended to me, and to take action to collect any debt owed by me. If MTGA provides me with chips in exchange for a check, marker, promissory note or other obligation to pay, the chips are the equivalent of cash. I agree a marker is an unconditional promise to pay the amount specified in the marker and that, when signed by me, such marker constitutes a debt to MTGA and may be negotiated by MTGA in the same manner as a check. If my check, marker or any other payment obligation is dishonored by a financial institution for any reason ("Payment Default"), I may be exposed to criminal penalties in addition to any civil liability. I authorize MTGA to: (a) investigate and to verify the information I have provided; (b) review and analyze my credit record; (c) furnish information concerning my application to credit reporting agencies and others who may properly receive this information; (d) take other steps consistent with the investigation and verification of my financial resources and financial responsibility; (e) update my credit file as frequently as every eleven months with a personal credit report, bank report, and gaming report in accordance with MTGA's polices and gaming regulations; and (f) report any debts owed by me to Mohegan Sun to credit bureaus and others who may properly receive such information.
I AGREE TO THE FOLLOWING:
I AUTHORIZE MTGA TO APPLY, SUSPEND OR SET-OFF ANY CASH DEPOSITS, GAMING WINNINGS, JACKPOTS, PRIZES, PLAYER’S CLUB POINTS OR COMPLIMENTARIES, OWNED BY ME OR AWARDED OR EXTENDED TO ME BY MTGA, AGAINST ANY DEBTS OWED BY ME TO MTGA. I AGREE THAT MARKER FUNDS ARE NOT TO BE SHARED WITH ANYONE AND ARE FOR MY USE FOR GAMING PURPOSES ONLY. WHENEVER I HAVE AN OUTSTANDING MARKER, I WILL CONTACT MTGA CREDIT DEPARTMENT AT THE CONCLUSION OF EACH TRIP TO MOHEGAN SUN AND SETTLE OR MAKE ARRANGEMENTS TO SETTLE ALL OUSTANDING MARKERS AND APPLY ALL WINNINGS OR LEFT-OVER FUNDS TO ANY DEBTS OWED TO MTGA. I ACKNOWLEDGE THERE WILL BE A RETURN CHECK FEE OF $35 FOR ANY RETURNED CHECKS OR MARKERS.
THE MTGA MAY INSTITUTE AND MAINTAIN ANY SUIT INVOLVING (A) THIS APPLICATION, (B) ANY EXTENSION OF MARKER PRIVILEGES HEREUNDER, OR (C) ANY ACTION TO COLLECT ANY DEBT INCURRED BY ME IN ANY COURT OF COMPETENT JURISDICTION, INCLUDING, WITHOUT LIMITATION, THE MOHEGAN TRIBAL GAMING DISPUTES COURT, THE CONNECTICUT SUPERIOR COURT, OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT (HEREINAFTER, THE "COURTS").
I CONSENT TO THE EXERCISE BY THE COURTS OF PERSONAL JURISDICTION OVER ME IN ANY LITIGATION BROUGHT BY THE MTGA AGAINST ME TO COLLECT ANY DEBT OWED OR INCURRED BY ME TO THE MTGA. I AUTHORIZE THE COURTS TO AWARD TO MTGA THE COSTS, INTEREST AND REASONABLE ATTORNEYS’ FEES INCURRED BY MTGA, TOGETHER WITH ANY LEGAL OR EQUITABLE DAMAGES PROVEN BY MTGA AGAINST ME, IN CONNECTION WITH EFFORTS TO COLLECT ANY DEBT OWED BY ME TO MTGA. I ACKOWLEDGE THAT ANY PAYMENT DEFAULT (AS DEFINED ABOVE) SHALL AUTOMATICALLY BE SUBJECT TO INTEREST AT A RATE OF 12% PER ANNUM, OR THE HIGHEST INTEREST RATE PERMITTED UNDER CONNECTICUT’S USERY LAWS IF LESSER.
IF I RESIDE OUTSIDE THE UNITED STATES, I ACKNOWLEDGE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR A MARKER, OR THE BREACH, TERMINATION OR INVALIDITY THIS AGREEMENT, SHALL BE SUBMITTED TO A SINGLE ARBITRATOR IN ACCORDANCE WITH THE AMERICAN DISPUTE RESOLUTION CENTER, INC.'S COMMERCIAL ARBITRATION RULES EXISTING ON THE DATE OF THE SUBMISSION. THE PARTIES WILL BE BOUND BY THE DECISION OF THE ARBITRATOR AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE IN HARTFORD COUNTY, CONNECTICUT. CONNECTICUT LAW WILL GOVERN THE ARBITRATION AND THE ARBITRATOR SHALL HAVE EXCLUSIVE JURISDICTION TO DETERMINE HIS JURISDICTION. THE ARBITRATION WILL TAKE PLACE USING THEIR EXPEDITED RULES BUT ON A "DOCUMENTS ONLY" BASIS. UNLESS THE PARTIES OTHERWISE AGREE IN WRITING, THERE WILL BE (I) NO DISCOVERY AND (II) NO MEDIATION.
I UNDERSTAND THAT ANY DEBT OWED BY ME TO MTGA WILL BE REPORTED TO CREDIT BUREAUS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY WAIVE ANY RIGHTS TO NOTICE AND/OR HEARING PRIOR TO THE EXERCISE BY MTGA OF ANY AND ALL PREJUDGMENT REMEDIES.
IN ANY LITIGATION BY MTGA AGAINST ME PURSUANT TO THIS APPLICATION, BOTH MTGA AND I WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, AND ANY TRIAL SHALL BE CONDUCTED SOLELY BY A JUDGE OF A COURT AS DEFINED HEREIN.
BY SIGNING THIS APPLICATION I AM KNOWINGLY AND VOLUNTARILY AGREEING TO THE FOREGOING TERMS AND CONDITIONS AND ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS MAY BE UPDATED PERIODICALLY AND I HEREBY AGREE THAT ANY UPDATED TERMS WILL BE APPLICABLE TO THIS APPLICATION.
