Ticket Terms and Conditions
Ticket Terms and Conditions
The following terms and conditions apply to each agreement (“Agreement”) for the purchase of a ticket or tickets (“Ticket” or “Tickets”) to an event (“Event”) hosted or ticketed by TD Place (as defined below) at the venue located at 1015 Bank Street, Ottawa or any other venue specified on the Ticket (each a “Venue”).
For any questions or inquiries relating to these terms and conditions, please contact firstname.lastname@example.org.
For the purposes of these terms and conditions, TD Place, Ottawa Sports and Entertainment Group, the Ottawa 67’s Hockey Club, the Ottawa REDBLACK’S Football Club, the Ottawa Fury FC, the Shops at Lansdowne, the OSEG Foundation, and any other operator of the Venue or promoter of an Event will be included in any reference to “TD Place”.
Agreement to be Bound
- By purchasing, holding, or being in possession of a Ticket, an individual or legal business entity (the “Ticket Holder”) expressly agrees to, and is, bound by the Terms (as defined below). Individuals under the age of 18 are assumed to have obtained the consent of their parent or legal guardian prior to attending the Event.
- TD Place will communicate only with the individual or legal business entity identified on the Agreement in all matters pertaining to the Tickets purchased under the Agreement (the “Purchaser”). Should a Purchaser wish to have someone else named to handle such matters, the Purchaser must submit written authorization to TD Place for approval. In the event the Purchaser is a legal business entity, the company must identify an individual as a “contact person” for communication purposes.
- Each Ticket purchased pursuant to the Agreement is a revocable, conditional license granted by TD Place, and TD Place, in its sole discretion, may revoke the license at any time and for any reason. By presenting a Ticket to TD Place at the Venue, the Ticket permits the Ticket Holder the right to: (a) enter the publicly-accessible areas of the Venue on the date specified on the Ticket and at times determined by TD Place (for clarity, latecomers will not be admitted until a suitable break in the performance and readmission may be refused if the Ticket Holder leaves the Venue); (b) attend the Event; and (c) sit or stand, as applicable, in the location identified on the Ticket.
- The Ticket must be read in conjunction with, and incorporates, the following:
a. these Ticket Terms and Conditions;
b. the Stadium Guide posted at TDPlace.ca/stadium-guide;
c. the terms and conditions as set forth, from time to time, by any league that governs the Event, including, without limitation, the Canadian Football League, the United Soccer League, the Ontario Hockey League, (the “Leagues”), or the organizer/promoter of the Event, as applicable;
d. any additional conditions communicated by TD Place to the Ticket Holder from time to time,
(collectively, the “Terms”).
- By accepting these Terms, the Ticket Holder acknowledges and agrees that it has no reasonable expectation, right, or privilege to any tickets to any event not specified in an Agreement.
- Pay When Due. The Purchaser agrees to pay all amounts specified on the Ticket or Agreement, as applicable, in accordance with the payment option selected, including but not limited to, doing so by the applicable due date(s) as are stipulated. By purchasing the Ticket, authorizes TD Place to charge the credit card on file in the Purchaser’s payment account the applicable fee on the date specified in the Agreement. All sales are final. The Purchaser agrees that any payment made on account (including any deposit and partial payment) is non-refundable. If the Agreement includes vouchers, no refunds, exchanges, or cancellations are available. Payments returned by the bank will result in a twenty dollar ($20) handling fee, which will be charged to the payment account provided by the Purchaser to TD Place. Failure to make payment by the due date may result in TD Place retracting its offer and loss of any future benefits. 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.
- Payment Verification. All information provided by the Purchaser to TD Place in ordering Tickets must be valid and is subject to verification by TD Place. Orders placed, or attempted to be placed, using an account in which any information entered is found by TD Place be false, misleading, incorrect, incomplete or cannot be verified as belonging to the Purchaser, such as name, address, billing address or other billing information, email address, phone number, IP address, or other, is subject to cancellation by TD Place, in its sole and absolute discretion. TD Place may sell any cancelled Ticket to an alternative purchaser without notice to the Purchaser or any Ticket Holder.
- Ticket Limit. TD Place may limit the number of Tickets any individual or legal business entity may purchase for an event (a “Ticket Limit”). TD Place reserves the right to cancel any Ticket if it determines, in its sole discretion, any individual or legal business entity has exceeded, or attempted to exceed, the Ticket Limit.
- All Sales are Final. ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. The Purchaser agrees not to attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to the Tickets, including, without limitation, by seeking a “chargeback” from the company whose credit card the Purchaser used to purchase the Ticket.
- Events Subject to Change. Event time and date, performers, team rosters, including the Ottawa REDBLACKS, and Ottawa Fury Football Club and Ottawa 67’s Hockey Club, or any other team playing at the Venue (each a “Team” and together the “Teams”), are subject to change without notice to the Purchaser or Ticket Holder.
- Re-scheduled Event. If the Event is re-scheduled to a different date and time than what appears on the Ticket or Agreement, TD Place will attempt to contact the Purchaser to inform the Purchaser of the refund or exchange procedure applicable to the Ticket, if any. TD Place makes no representation in respect of refund or exchange procedures in the event of a re-scheduled event, as such procedures will be determined by TD Place in its sole discretion on a case by case basis.
- Cancelled Event. If the Event is cancelled, TD Place will issue a refund of the Ticket’s face value paid (or, for a discounted ticket, then the discounted Ticket price paid) and all service fees. Refunds will only be issued to the Purchaser, and will be in the same payment method used by the Purchaser to purchase the Ticket.
- Replacement Tickets. Replacement of a Ticket is subject to a replacement fee of ten dollars ($10).
- Carry-Overs. The Ticket Holder’s right to admission to the Venue is tied directly to the Event printed on the applicable Ticket, and CANNOT be carried over to any subsequent Event, including, for greater clarity any subsequent season or Playoff Game (as defined below).
Prohibitions and Non-Compliance
- Prohibition on Resale, etc. Except where made through TD Place’s authorized reseller, 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 Terms. Furthermore, any resale of any Ticket in violation of any federal, provincial or local law, ordinance, rule or regulation violates the Terms and may result in revocation of the Ticket license. No Ticket may be used for advertising, promotion (including contests, giveaways and sweepstakes), or any other trade or commercial purposes without the prior written consent of TD Place, which consent may be arbitrarily and unreasonably withheld.
- Non-Compliance. TD Place reserves the right to investigate violations or non-compliance of the Ticket license and the Terms. The failure of the Purchaser or any Ticket Holder to cooperate with any investigation constitutes a violation of the Terms. TD Place reserves the unrestricted right to revoke or terminate the Ticket license, seize any Ticket, and the right to restrict or deny future Ticket purchasing privileges to anyone determined to be, or has been, in violation or non-compliance with the Terms without affecting the Purchaser’s payment obligations to TD Place. The Purchaser and Ticket Holder acknowledge damages may not be an adequate remedy for breach of the Terms and consent to injunctive or other relief that may be sought to enforce same.
- Responsibility for Violation of the Terms. The Purchaser is responsible for and shall cause any Ticket Holders of Tickets purchased by the Purchaser to maintain proper decorum and comply with all applicable laws, and all rules, regulations, and policies of all governmental authorities, TD Place, the Leagues, and any other operator of the Venue or promoter of an Event, and the Purchaser agrees to reimburse TD Place for any and all costs incurred by TD Place to repair any damage (other than normal wear and tear) caused by the Purchaser or any Ticket Holders of Tickets purchased by the Purchaser to the Venue or other property in or around the Venue.
Privacy and Transmission of Information
- No Reasonable Expectation of Privacy or Anonymity. Ticket Holders have no reasonable expectation of privacy or anonymity. Recordings, photos, video, portrayals, etc. (“Media”) of the Ticket Holder made or taken during the Event may be used by TD Place, its affiliates, and related entities for commercial or other purposes (including, for greater clarity, on social media platforms) without compensation to the Ticket Holder. The Ticket Holder waives any rights, including moral rights, they may otherwise have in their likeness or in its use in any Media.
- Transmission of Event Information. The Ticket Holder hereby agrees that: (a) it shall not transmit or aid in transmitting any information about the Event, including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively “Event Information”); (b) TD Place, related entities, or event producers, as applicable, are the exclusive owners of all copyrights and other proprietary rights in the Event Information; and (c) the Ticket Holder grants TD Place, the Teams, the opposing teams, event promoters and each of their respective agents the unrestricted right and license to record the Ticket Holder’s and its representatives’ 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.
- Risk of Injury. THE TICKET HOLDER ACKNOWLEDGES THAT SERIOUS INJURY CAN RESULT FROM OBJECTS (INCLUDING BALLS, PUCKS, STICKS, CUPS, BOTTLES, AND OTHER OBJECTS) PROJECTED, THROWN OR HIT INTO SPECTATOR AREAS IN CONNECTION WITH THE EVENT. THE TICKET HOLDER ACKNOWLEDGES AND ASSUMES ALL RISKS AND DANGER INCIDENTAL RELATED IN ANY WAY TO THE EVENT (INCLUDING WITHOUT LIMITATION, RISKS OF PERSONAL INJURY AND DEATH, PROPERTY LOSS AND/OR DAMAGE), ARISING OR RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BY PLAYERS, PERFORMERS, SPECTATORS, OBJECTS, AND OTHER INHERENT RISKS INCIDENTAL TO THE EVENT AND NEGLIGENCE) AND WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, AND WAIVES ALL CLAIMS AGAINST THE RELEASED ENTITIES RELATING TO SAME. IF HURT, THE TICKET HOLDER WILL IMMEDIATELY ASK TD PLACE STAFF FOR DIRECTION TO THE MEDICAL STATION.
- Search on Entry. The Ticket Holder consents to a reasonable examination of their person and property on entry to the Venue to ensure Event safety, and waives any related claims that may arise. If the Ticket Holder does not to consent to such searches, the Ticket Holder may be denied entry to the Venue without refund or other compensation.
Limitation of Liability
- Limitation of Liability. Ticket Holder acknowledges and agrees that the 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. Neither TD Place, the City of Ottawa, the Leagues, and their respective member clubs, current and former players, performers, event organizer and promoters, sponsors, and each of their affiliates, related entities, owners, governors, officers, directors, partners, partnerships, principals, employees, contractors, and agents (all of the above being the “Released Entities”) shall be liable or responsible for any loss, damage or injury to any person or to any property of Ticket Holder at the Venue, its parking areas or elsewhere resulting from any cause whatsoever, including, but not limited to theft or vandalism, except to the extent due to the gross negligence or the wilful misconduct of the Released Entities, and are expressly released and forever discharged by the Ticket Holder from any and all claims, whether known or unknown, present or future, arising from or relating to such risks or otherwise occurring at or in connection with the Event. In addition to the foregoing, the maximum liability of the Released Entities to the Ticket Holder under any theory of law, including contract or tort, shall not exceed the amount of the fee paid by the Ticket Holder for the Ticket.
- Indemnity. The Purchaser and the Ticket Holder shall indemnify and hold harmless the Released Entities, from and against any liability, losses, damages, claims, demands, costs and expenses, including attorneys’ fees and litigation expenses (including in any action between Ticket Holder 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 Venue, or elsewhere in connection with the Purchaser’s or Ticket Holder’s negligence.
- Amendments. TD Place reserves the right to unilaterally amend the Terms from time to time, and such amendments shall be effective upon written notice to the Ticket Holder. The Terms cannot be changed by the Ticket Holder.
- Force Majeure. A party will not be responsible for its failure to perform or for delay in performance due to causes beyond its reasonable control and not occasioned by its fault or negligence, such as acts of God, fire, theft, flood, power outage, strike or labour difficulties, war, riot, embargo, or acts of civil or military authorities, provided however that lack of funds or credit will not constitute an event of force majeure. In such event, the parties will make every reasonable effort to determine sufficient “make goods” allowing the restricted party to satisfy its obligations hereunder.
- If TD Place is required or elects to remediate, restore, or rebuild the Venue in such a manner that it is not possible for the Ticket Holder to attend the Event and sit or stand, as applicable, in the location identified on the Ticket, the Agreement shall remain in full force and effect, and the parties will make every reasonable effort to determine sufficient “make goods” allowing the restricted party to satisfy its obligations hereunder, which may TD Place relocating the seating/standing location to a comparable location, or refunding the Ticket for the applicable Event.
- Language. In the event of conflict between the interpretation of the English and French versions of the Terms, the English version will prevail to resolve the conflict.
- Severability. In the event any provision or part of the Terms or Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Terms or Agreement will be inoperative.
- Governing Law and Jurisdiction. 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 Ticket 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: General Counsel, 1015 Bank Street, Ottawa, Ontario, K1S 3W7.
Specific Ticketing Terms for Flex Game Packs and Voucher Tickets
- Flex Game Packs and Vouchers. If the Agreement includes Flex Game Packs and Vouchers, no refunds, exchanges, or cancellations are available. All sales are final. The Ticket Holder’s right to admission pertains only to the regular season games indicated on the Ticket and in the Agreement and cannot be used for Playoff Games or carried over to any subsequent season.
Specific Ticketing Terms for Monthly Subscription Tickets
- Monthly Subscription Tickets.If the Agreement includes a Team subscription pass, (“Subscription Pass Holder”), the pass will be auto-renewed each month. By purchasing the subscription pass, the Subscription Pass Holder (i) authorizes TD Place to charge the credit card on file in Subscription Pass Holder’s Ticket Account the applicable subscription fee on a month-by-month basis during the applicable subscription season. For example, for the Fury Plus subscription pass, the charges will be processed for the months of March, April, May, June, July, August, September and October. Failure to make payment by the due date may result in TD Place retracting its subscription offer and loss of any future subscriber benefits. Subscriptions may be cancelled at any time by contacting the Subscription Pass Holder’s account manager or in writing to email@example.com and will take effect as of the first day of the next full month.
Specific Ticketing Terms for Lansdowne Pass
- Lansdowne Pass. If the Agreement includes a Lansdowne Pass, the Purchaser (referred to in Section 30 as the “Lansdowne Pass Holder”), the following terms apply:
a. Playoff Games. The Ticket Holder’s right to admission pertains only to the regular season games or events indicated on the Ticket and in the Agreement and cannot be used for any playoff game of a Team at the Venue (a “Playoff Game”) or carried over to any subsequent season or account year. TD Place will give the Lansdowne Pass Holder the opportunity to purchase a limited number of Tickets to such Playoff Games in accordance with the following:
I. TD Place may impose a quantity limit on the Lansdowne Pass Holder’s opportunity to purchase Tickets to any Playoff Game;
II. TD Place may impose a time limit on the Lansdowne Pass Holder’s opportunity to purchase Tickets to any Playoff Game;
III. the purchase by the Lansdowne Pass Holder of any Tickets to a Playoff Game will be at the prices set by TD Place; and,
IV. the Lansdowne Pass Holder is not guaranteed any particular seating location for any Tickets to a Playoff Game.
b. Auto-renewal. ALL LANSDOWNE PASSES PURCHASED OR RENEWED ON OR AFTER MARCH 1, 2019 ARE SUBJECT TO ANNUAL AUTO-RENEWAL.The Lansdowne Pass will be auto-renewed each year. By purchasing the Lansdowne Pass, the Lansdowne Pass Holder authorizes TD Place to charge the credit card on file in Lansdowne Pass Holder’s payment account the applicable fee on an annual basis during the applicable year. Lansdowne Pass Holders will receive an annual renewal notice a minimum of thirty (30) days in advance of each applicable renewal date. This annual renewal notice will specify the amount to be charged (which amount will be the same as the amount charged on the Purchaser’s payment account in the immediately preceding year), as well as any other proposed changes to the season Agreement (“Lansdowne Pass Renewal Amendments”). The Lansdowne Pass Holder will have thirty (30) days from the date of the annual renewal notice to provide a written notice of cancellation to their account manager or to firstname.lastname@example.org if the Lansdowne Pass Holder wishes to cancel his/her season seats for upcoming year. If written notice of cancellation is not received within the time frame specified above the Lansdowne Pass Holder (i) authorizes the renewal in full of the applicable Agreement for the subsequent year, subject to the Lansdowne Pass Renewal Amendments; and (ii) authorizes the Ticket Holder to charge first and all subsequent annual payments in accordance with the payment option selected under the Lansdowne Pass Holder’s Agreement, using the credit card number on file in the Lansdowne Pass Holder’s payment account.
c. Assignment. The Lansdowne Pass and any privileges the Lansdowne Pass Holder may have under the Agreement for a Lansdowne Pass, may not be assigned, sublet or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Lansdowne Pass Holder to any other person or entity without the express written consent of TD Place, which consent may be arbitrarily withheld. For greater certainty, (i) payment for the Lansdowne Pass by anyone other than the Purchaser, and receipt thereof by TD Place, does not constitute or effectuate an assignment, sublet or transfer of the Lansdowne Pass, and (ii) the Lansdowne Pass Holder may give to a third party any of the Tickets purchased by the Lansdowne Pass Holder (i.e. a Ticket Holder) and this will not constitute an assignment, sublet or transfer of the Lansdowne Pass.
Specific Ticketing Terms for Season Tickets
- If the Agreement includes a Ticket to all regular season games of a Team at the Venue in the same season (a “Season Ticket”), the following terms apply:
a) Playoff Games. If in the same season as that to which the Season Tickets relate the applicable Team also plays in any Playoff Game, then TD Place will give the Purchaser (referred to in Section 31 as the “Season Ticket Holder”) the opportunity to purchase Tickets to such Playoff Games in accordance with the following:
i. the Season Ticket Holder will have the opportunity to purchase Tickets to the Playoff Game only for the number of seats specified in Agreement (i.e. if the Season Ticket Holder purchased two (2) Season Tickets for a particular season, Season Ticket Holder would have the opportunity to purchase two (2) Tickets for a Playoff Game during that same season);
ii. TD Place may impose a time limit on the Season Ticket Holder’s opportunity to purchase Tickets to any Playoff Game;
iii. the purchase by the Season Ticket Holder of any Tickets to a Playoff Game will be at the prices set by TD Place; and,
iv. the Season Ticket Holder is not guaranteed any particular seating location for any Tickets to a Playoff Game.
b) Renewals. If the Agreement includes a renewal of Season Tickets, the acceptance of the Terms does not entitle the Season Ticket Holder to a renewal of the Season Ticket Holder’s Season Ticket under the same terms and conditions governing Season Tickets in any preceding year. Any opportunity granted by TD Place to renew the Season Ticket license or purchase Season Tickets to any event not specified on an Agreement is a privilege revocable, at any time, in TD Place’s sole discretion.
c) Auto-renewal. ALL SEASON TICKETS PURCHASED OR RENEWED ON OR AFTER OCTOBER 1, 2018 ARE SUBJECT TO ANNUAL AUTO-RENEWAL.Season Ticket Holders will receive an annual renewal notice a minimum of thirty (30) days in advance of each applicable subsequent season renewal date. This annual renewal notice will specify the new pricing for the Season Ticket Holder’s season seats for the upcoming season as well as any other proposed changes to the season Agreement (“Season Ticket Renewal Amendments”). The Season Ticket Holder will have thirty (30) days from the date of the annual renewal notice to provide a written notice of cancellation to their account manager or to email@example.com if the Season Ticket Holder wishes to cancel his/her season seats for upcoming seasons. If written notice of cancellation is not received within the time frame specified above the Season Ticket Holder (i) authorizes the renewal in full of the applicable Season Agreement for the subsequent season, subject to the Season Ticket Renewal Amendments; (ii) authorizes TD Place to charge first and all subsequent season payments in accordance with the payment option selected under the Season Ticket Holder’s Agreement, using the credit card number on file in the Season Ticket Holder’s Ticket Account.
d) Assignment. The Season Ticket and any privileges the Season Ticket Holder may have under the Agreement for a Season Ticket, may not be assigned, sublet or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Season Ticket Holder to any other person or entity without the express written consent of TD Place, which consent may be arbitrarily withheld. For greater certainty, (i) payment for the Season Ticket by anyone other than the Season Ticket Holder, and receipt thereof by TD Place, does not constitute or effectuate an assignment, sublet or transfer of the Season Ticket, and (ii) the Season Ticket Holder may give to a third party any of the Tickets purchased by the Season Ticket Holder (i.e. a Ticket Holder) and this will not constitute an assignment, sublet or transfer of the Season Ticket.
Issue Date: May 16, 2019