GENERAL TICKET PURCHASE TERMS – ALL TICKETS THE SEAT AGREEMENT OR OTHER TICKET PURCHASE CONFIRMATION RECEIVED BY TICKET ACCOUNT HOLDER OR PURCHASER IS SUBJECT TO THESE GENERALTICKET TERMS, THOSE SET OUT ON THE REVERSE OF YOUR TICKETS, AND ANY SEAT AGREEMENT, TICKET ADDENDUM OR OTHER MATERIAL DESCRIBING ANY PACKAGE OF TICKETS SPECIFIED ON THE SEAT AGREEMENT OR ORDER CONFIRMATION.
Lansdowne Stadium Limited Partnership (the “Licensor“) hereby offers the Licensee (as defined below) the non-renewable, revocable license (the “License“) to purchase, have and use the admission tickets (the “Tickets“) to those home games or events of the Licensor held at the stadium located at 1015 Bank Street, Ottawa (“TD Place“) as are specified on a Seat Agreement or in any other Ticket purchase confirmation, documentation or communication issued by the Licensor to the Licensee (each, a “Seat Agreement“), as applicable. The License must be read in conjunction with any Seat Agreement and is offered by the Licensor to the Licensee subject to the terms and conditions set forth below, the terms and conditions contained on the back of the Tickets issued to the Licensee and those included in any Seat Agreement, Seat Agreement Addendum or other material describing any package of Tickets purchased by the Licensee, as well as those additional specific conditions communicated by the Licensor to the Licensee from time to time (collectively, the “Terms“). The act of submitting a completed Seat Agreement form or making full or partial payment to the Licensor, whichever is sooner and whether effected by the Licensee directly or on the Licensee’s behalf, will constitute Licensee’s acceptance of the License and all of the Terms.
By accepting the License, the Licensee acknowledges and agrees that it has no (i) right or privilege to renew the License and none will be implied, nor (ii) reasonable expectation, right or privilege to any Tickets to any event not specified on a Seat Agreement. The purchase and use of other game or event Tickets (including Tickets to Playoff Games, as defined below) will be subject to the terms and conditions as set forth, from time to time, by the Canadian Football League (“CFL“), the United Soccer League (“USL”), the Ontario Hockey League (“OHL”) the Licensor or the organizer/promoter of the event, as applicable. Any opportunity granted by the Licensor to renew the License or purchase Tickets to any event not specified on a Seat Agreement is a privilege revocable, at any time, in the Licensor’s sole discretion.
For the purposes of the License, the “Licensee” is the adult individual or legal business entity identified on the Seat Agreement (the “Ticket Account“) registered in accordance with Section 4, below. Each Ticket covered by the License represents a separate non-renewable, revocable license which only permits the bearer the right to: (a) enter the publicly-accessible areas of the TD Place at times determined by the Licensor; (b) attend the event identified on the Ticket; and (c) sit in the seat location identified on the Ticket. The License, the Ticket Account and the Tickets are all revocable at the sole discretion of the Licensor, with or without cause, including, but not limited to, failure to pay. Event time and date, opponent and team rosters, including the Ottawa REDBLACKS, and Ottawa Fury FC and Ottawa 67’s team rosters, are subject to change without notice to Licensee.
The Ticket Account may only be registered in the name of one adult individual or legal business entity, which will be identified as the Licensee in the Licensor’s Ticket Account database. In the event that the Ticket Account is registered in the name of a legal business entity, a “contact person” must be identified for the limited purpose of correspondence and contact. The License, the Ticket Account, and/or any privileges the Licensee may have hereunder, may not be assigned, sublet or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Licensee to any other person or entity without the express written consent of the Licensor. Only the Licensee can request that a Ticket Account be assigned or transferred. For greater certainty, (i) payment for the Ticket Account by anyone other than the Licensee, and receipt thereof by the Licensor, does not constitute or effectuate an assignment, sublet or transfer of the License, and (ii) subject to Section 6, below, the Licensee may give to a third party any of the Tickets provided hereunder and this will not constitute an assignment, sublet or transfer of the License.
All sales are final. The Licensee agrees to pay all amounts specified on a Seat Agreement in accordance with the payment option selected, including but not limited to, doing so by the applicable due date(s) as are stipulated. Unpaid amounts after any due date will be subject to a late payment charge of the greater of two percent (2%) per month until paid, calculated and compounded monthly, or the maximum allowable by law.
The Licensee is absolutely responsible for any violation of the License, including the Terms, whether committed by the Licensee or any person in possession of any Ticket(s) issued to the Licensee (“Ticketholder”). The Licensee should safeguard all Tickets so that the License is not violated. Unless otherwise authorized by the Licensor, any direct or indirect sale, resale, auction, assignment, or transfer of any Ticket at a price greater than the price printed on the front, as well as any attempt at any of the foregoing, is strictly prohibited and a violation of the License. Furthermore, any resale of any Ticket(s) in violation of any federal, provincial or local law, ordinance, rule or regulation violates the License and may result in revocation of the License. No Ticket(s) may be used for advertising, promotion (including contests, giveaways and sweepstakes) or any other trade or commercial purposes without the prior written consent of the Licensor. Any violation of the License by the Licensee or the Ticketholder, including the Terms, will give the Licensor the unrestricted right to revoke or terminate the License, seize any Tickets and/or cancel the Ticket Account immediately without having to refund the face value of the Ticket(s) and without affecting the Licensee’s payment obligations to the Licensor. The Licensor reserves the right to investigate violations of the License and/or the Terms. The failure of the Licensee or any Ticketholder to cooperate with any investigation constitutes a violation of the License. The Licensee acknowledges that damages may not be an adequate remedy for breach of the Terms and consents to injunctive or other relief which may be sought to enforce same.
Recordings, photos, portrayals (“Photos”) of the crowd made or taken during the game, which may include the Ticketholder, may be used by the Licensor, the Ottawa REDBLACKS Football Club, or the Ottawa Fury FC or the Ottawa 67’s Hockey Club for commercial purposes without compensation to the Ticketholder. Ticketholder hereby waives, any rights Ticketholder may otherwise have in their likeness or in its use in any Photos. Ticketholder has no reasonable expectation of privacy or anonymity.
THE LICENSEE HEREBY AGREES THAT: (A) IT SHALL NOT TRANSMIT OR AID IN TRANSMITTING ANY INFORMATION ABOUT THE GAME OR EVENT TO WHICH THE TICKET GRANTS ADMISSION, INCLUDING, BUT NOT LIMITED TO, ANY ACCOUNT, DESCRIPTION, PICTURE, VIDEO, AUDIO, REPRODUCTION OR OTHER INFORMATION CONCERNING THE GAME OR EVENT (COLLECTIVELY “EVENT INFORMATION“) AND SHALL ENSURE THAT ANY PERSON USING ANY OF THE LICENSEE’S TICKETS COMPLIES WITH THE FOREGOING; (B) THE LICENSOR IS THE EXCLUSIVE OWNER OF ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE EVENT INFORMATION; AND (C) THE LICENSEE GRANTS ANY TEAMS, THE OPPOSING TEAMS, EVENT PROMOTERS AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES THE UNRESTRICTED RIGHT AND LICENCE TO RECORD THE LICENSEE’S, ITS REPRESENTATIVES’ AND BEARER OF THE TICKET’S VOICE, IMAGE AND/OR LIKENESS BY ANY MEANS AND TO USE THAT/THOSE RECORDING(S) FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, IN THEIR ABSOLUTE DISCRETION AND WITHOUT ANY REQUIREMENT OF FURTHER PERMISSION OR REMUNERATION.
Neither of Licensor, the Ottawa REDBLACKS Football Club, the Ottawa Fury FC, the Ottawa 67’s Hockey Club, nor their respective members, officers, owners, managers, directors, employees or agents (“Licensor Representatives”), shall be liable or responsible for any loss, damage or injury to any person or to any property of Licensee or Ticketholder in or upon the TD Place, its parking areas or elsewhere resulting from any cause whatsoever, including, but not limited to theft and vandalism, except to the extent due to the gross negligence or the willful misconduct of Licensor. The maximum liability of the Licensor to the Licensee under any theory of law, including contract or tort, shall not exceed the amount of the fee paid by the Licensee to the Licensor for the ticket. Licensee acknowledges and agrees that this agreement is with Lansdowne Stadium Limited Partnership and that no affiliate or related entity of Lansdowne Stadium Limited Partnership is intended to be bound hereby. The parties hereto acknowledge that Lansdowne Stadium Limited Partnership (the “Limited Partnership”) is a limited partnership formed under the law of the Province of Manitoba, a limited partner of which is only liable for any of the Limited Partnership’s liabilities to the extent of the amount that the limited partner has contributed to the capital of the Limited Partnership. The parties hereto acknowledge that the obligations of the Limited Partnership are not personally binding upon, nor shall recourse be had to, the property of any limited partner or the property of any successor or assign of any limited partner, and that recourse shall only be had to the property of the Limited Partnership or the property of Lansdowne Stadium GP Inc., which is the sole general partner of the Limited Partnership. The parties expressly acknowledge having been advised prior to entering into this agreement that Lansdowne Master Limited Partnership is the sole limited partner of the Limited Partnership and that, accordingly, its liability is limited as aforesaid.
Licensee shall indemnify and hold harmless Licensor Representatives, from and against any liability, losses, damages, claims, demands, costs and expenses, including attorneys’ fees and litigation expenses (including in any action between Licensee and any such indemnitee), arising out of or related to any personal injury or property damage (other than ordinary wear and tear) occurring in or upon the TD Place or elsewhere in connection with Licensee’s or Ticketholder’s negligence.
Team Season Tickets If the Licensee’s Seat Agreement includes all games in the same season (“Season Tickets”), each Season Ticket purchase entitles the Licensee to one (1) ticket to each of the regular season Ottawa REDBLACKS or Ottawa Fury FC home games only in relation to the specific team, and the period of time, indicated in the Seat Agreement, and pre-season games where available. If in the same season the Ottawa REDBLACKS Football Club or, Ottawa Fury FC or Ottawa 67’s also play in any “Playoff Games” (i.e. Eastern Division Semi-Finals, Eastern Division Finals) at the TD Place, then the Licensor will give the Licensee the opportunity to purchase Tickets to such Playoff Games in accordance with the following: (i) the Licensee will have the opportunity to purchase Tickets only for the number of seats specified on a Seat Agreement (i.e. if the Licensee purchased two (2) Season Tickets for a particular season, Licensee would have the opportunity to purchase two (2) Tickets for Playoff Games played at the TD Place during that same season) (ii) the Licensor may impose a time limit on the Licensee’s opportunity to purchase Tickets to any Playoff Games, (iii) the purchase by Licensee of any Tickets to Playoff Games will be at the prices set by the Licensor, and (iv) Licensee is not guaranteed any particular seating location for any Tickets to Playoff Games. No refunds are available for Season Tickets. All sales are final. Lost tickets are subject to a reprinting fee of $10 dollars per reprinting transaction.
Group and Single Game Tickets If the Licensee’s Seat Agreement includes group or single game tickets, no refunds or exchanges are available. The Ticketholder’s right to admission is tied directly to the game printed on the ticket purchased, and pertains only to the season indicated on the ticket and CANNOT be carried over to any subsequent season or to post-season games. Tickets cannot be re-printed. All tickets are subject to General Ticket Purchase Terms and Stadium Admission Rules posted at www.TDPlace.ca, as they may be amended from time to time. Lost tickets are subject to a reprinting fee of $10 dollars per reprinting transaction.
Premium Tickets In addition to these General Ticket Purchase Terms, if the Licensee’s Seat Agreement includes Club Seats and/or Suites, the License is also subject to the applicable Premium Seat Addendum. To the extent that there is a conflict between the General Ticket Purchase Terms and the Premium Seat Addendum, the terms of the Premium Seat Addendum shall prevail.
The Licensor reserves the right to unilaterally amend the Terms from time to time, and such amendments shall be effective upon written notice to the Licensee. To the extent that there is a conflict between the interpretation of the English and French versions of the Terms, the English version will prevail to resolve the conflict. The Terms cannot be changed by the Licensee.
The License and the Terms will be governed exclusively by the laws of the Province of Ontario, without giving effect to conflict of laws principles thereof. The exclusive venue for any disputes arising out of the License or any Ticket(s) issued to the Licensee will be the courts of the Province of Ontario, located in the City of Ottawa. Any written notice should be mailed to: Lansdowne Stadium Limited Partnership, Attn: Director, Ticket Sales and Service, 1015 Bank St., Ottawa, Ontario, K1S 3W7.
Issue Date: February 1, 2015