AGREEMENT RELATING TO THE PURCHASE OF VANCOUVER CANUCKS TICKET PACKAGES
Updated as of February 2024
- These terms and conditions, together with all ticket order and account information submitted by a Member, constitute a binding legal agreement ("Agreement") between Vancouver Canucks Limited Partnership, which collectively with its affiliates conducts business as Canucks Sports & Entertainment ("CSE") and the Member. For the purposes of this Agreement, the "Member" means the individual or entity entered on the records of CSE as being the account holder in respect of the purchase of a package of tickets to Vancouver Canucks games ("Tickets") at Rogers Arena (the "Arena"). By tendering payment to CSE or accepting a Ticket, the Member signifies its acceptance of these terms and conditions and its agreement to be bound to this Agreement.
- This Agreement supplements the terms and conditions which also apply to the Member and each individual using any of the Member's Tickets from time to time (the "Ticketback Terms"). The current version of the Ticketback Terms is attached as Schedule A hereto. If any of the terms and conditions of this Agreement conflict with the Ticketback Terms, the terms and conditions of this Agreement shall prevail to the extent of the conflict. Without limiting the generality of the foregoing, the Member acknowledges that each Ticket is a limited, revocable license to attend the game described on the Ticket face.
- CSE's acceptance of payment for Tickets from any individual or entity who is not the Member does not grant any rights to those Tickets to such individual or entity, rather such payments are deemed to have been made for and on behalf of the Member. CSE reserves the right to require that any transactions pertaining to Tickets held in a corporate name be supported by evidence of appropriate corporate resolutions or other documents authorizing such transactions. All payments for Tickets made by, or for and on behalf of, the Member are non-refundable except as expressly contemplated in: this Agreement; in a separate written communication from CSE to the Member; or, with respect to an individual Ticket, the Ticketback Terms.
- It is CSE's corporate policy not to accept cash payments in excess of $1,000 (or multiple cash payments for a single transaction that would, if made together, constitute a cash payment in excess of $1,000). Payments of amounts greater than $1,000 will only be accepted by way of credit card, personal or corporate cheque or bank draft.
- The Member shall not transfer its Ticket account or any Ticket rights to any person or entity by way of sale, gift, transfer by will or trust, property settlement, pledge or any other means, except that CSE may, in its sole discretion, allow such a transfer in the following circumstances: first, where an individual Member wishes to transfer its Ticket account to an individual within the Member's immediate family (i.e. an individual Member's parent, child, sibling, spouse, grandparent or grandchild, whether by blood, adoption or marriage); second, where the Member is a corporation or business entity (other than a sole proprietorship) and wishes to transfer its Ticket account as part of a sale of all or substantially all of its business to a new owner; third, where an individual Member wishes to transfer its Ticket account to a corporation for which the individual Member is the majority shareholder, provided that CSE may reject any subsequent transfer to a third party if CSE determines, acting reasonably, that the first transfer was undertaken as a means to avoid the application of the transfer restrictions; and fourth, in such other circumstances as CSE considers appropriate in view of the equitable treatment of the Member in relation to all Vancouver Canucks season ticket members. A request to transfer a Ticket account must be submitted to CSE in writing, and must be supported by appropriate documentation (proof of relationship, official letterhead, signature of authorized company officer, corporate resolutions, etc.) satisfactory to CSE. CSE reserves the right to approve or reject any such requests in its sole discretion. The designated contact person for a Ticket account held by a business may be changed at any time upon written notice to CSE. Any transfer of the Ticket account or Ticket rights other than as expressly permitted by CSE shall be a breach of this Agreement.
- CSE may, in its sole discretion, impose limitations on the number of Ticket packages that may be held by, or purchased by or on behalf of (or in concert with), the Member or by season ticket members generally. Any purchase, directly or indirectly, of Ticket packages which results or would result in any such limitation being exceeded, is prohibited.
- CSE may, in its sole discretion, prohibit or impose restrictions on the holding or purchase of Ticket packages by or on behalf of (or in concert with) persons who do not have a verifiable, permanent business or residential address in British Columbia. Any purchase, directly or indirectly, of Ticket package(s) which results or would result in such prohibition or restrictions being violated, is prohibited.
- Tickets are intended for personal use by the Member and are not intended for commercial resale unless expressly authorized by CSE. CSE acknowledges that there may be circumstances where a Member requires the ability to resell Tickets for non-commercial purposes. CSE may provide or designate an authorized electronic ticket purchase, resale and/or transfer system(s) for use by the Member. Use of any such system(s) remains subject to the terms of this Agreement and any terms and conditions of the system (including those specified by any third party operator of the system). CSE may at any time in its sole discretion: (i) suspend, modify, replace and/or discontinue the system(s) and/or (ii) revoke or discontinue the Member's access to and/or use of the system(s) for breach of this Agreement or the terms and conditions of the system. The Member acknowledges and agrees that, except through the use of any such system(s), the resale of a Ticket at a price higher than the price paid for the Ticket is prohibited. Without limiting the generality of the foregoing, CSE reserves the right to not offer to renew the Ticket package(s) of a Member who CSE believes is engaged in the commercial resale of Tickets without CSE's express authorization, or to offer to renew the Ticket package(s) of such a Member at different (including higher) pricing than that applicable to Members generally.
- The Member acknowledges that any supplementary season ticket membership rights and privileges offered by CSE (that is, in addition to the Tickets - for example, invitations to season ticket member events (including any season ticket member relocation event), the right to choose from among special membership benefits and such other rights and privileges as may be extended by CSE from time to time) ("Membership Privileges") are intended exclusively for the Member to recognize its commitment and loyalty. The Member acknowledges and agrees that the sale or offer for sale, directly or indirectly, of Membership Privileges is prohibited, and that any other transfer of Membership Privileges is only permissible if expressly authorized by CSE. The Member acknowledges and agrees that all matters regarding Membership Privileges shall be determined by CSE in its sole discretion, including whether any Membership Privileges are offered, as well as the nature, details and conditions of any Membership Privileges that are offered (including whether they offered on a per account, per ticket or other basis). Without limiting the generality of the foregoing, CSE reserves the right to offer different Membership Privileges, or not to offer any Membership Privileges, to a Member who CSE believes is engaged in the commercial resale of Tickets without CSE's express authorization.
- The Member will have the first right to purchase playoff Tickets corresponding to the rights specified in the Member's Ticket package at the price(s), by the deadline(s) and upon such other terms and conditions as may be established by CSE in its sole discretion. In the event the Member declines to purchase playoff Tickets on such terms and conditions, CSE may sell such playoff Tickets, or otherwise utilize the seats for such playoff games, as it sees fit.
- The Member acknowledges and agrees that the Tickets being purchased hereunder are solely for Vancouver Canucks games played at the Arena, and for the avoidance of doubt, shall not include tickets, or the right to purchase tickets, to any other event or game, including, without limitation, any NHL Global Series, NHL China Games, NHL Winter Classic, NHL Heritage Classic, NHL Stadium Series, Hockeyville, NHL All-Star or NHL Draft event (each a "League Special Event") to the extent held in CSE's market or hosted by the NHL at the Arena or otherwise in which the Vancouver Canucks participate. CSE will make every reasonable effort to secure for the Member an opportunity to purchase an equivalent number of tickets for any League Special Event. Additionally, in the event that a Vancouver Canucks game for which Tickets have been sold to the Member is relocated to an alternate venue for the purposes of playing a League Special Event, CSE will make the account adjustments contemplated in the section immediately following below as if such game was a cancelled game.
- The Member acknowledges and agrees that CSE and/or NHL may cancel Vancouver Canucks games for any reason, as determined in its/their sole discretion. In the event that any Vancouver Canucks game for which Tickets have been sold to the Member is cancelled, the Member's sole remedy shall be to have its Ticket account credited with an amount representing the consideration paid (or payable) for the cancelled game(s) based on the variable member pricing applicable to the cancelled game(s) (details regarding the variable member pricing applicable to each home game of a season will be confirmed prior to the start of such season). Unless other arrangements are agreed between CSE and the Member, the credited funds shall, where applicable, be held by CSE and applied, at the direction of the Member, to the Member's purchase of playoff Tickets (if applicable) in the season in which the cancelled game(s) occurred and/or to the Member's renewal of a regular season Ticket package in the subsequently played season. If the Member elects not to purchase playoff Tickets and does not renew its Ticket package for the subsequent season, the amount of the credit will be refunded following the Ticket renewal deadline or applied to the purchase of other ticket products, if requested. No interest or rebate will accrue on the amount of the credit at any time, and any refund shall be issued to the same method of payment in which the original payment was received, unless CSE determines otherwise in its sole discretion.
- The Member acknowledges and agrees that CSE and/or NHL may host Vancouver Canucks games at the Arena without fans in attendance or with limited fans in attendance, or may relocate Vancouver Canucks games to an alternate venue outside of CSE's market, for any reason (including due to public health concerns), as determined in its/their sole discretion. In the event that a Vancouver Canucks game for which Tickets have been sold to the Member is hosted at the Arena without fans in attendance, or is relocated to an alternate venue outside CSE's market, CSE will make the account adjustments contemplated in the section immediately preceding above as if such game was a cancelled game. In the event that a Vancouver Canucks game for which Tickets have been sold to the Member is hosted at the Arena with limited fans in attendance, the Member acknowledges and agrees that CSE shall have sole discretion regarding which fans are permitted to attend (and any special terms and conditions applicable to their attendance), and to the extent the Member is not permitted to attend then CSE will make the account adjustments contemplated in the section immediately preceding above as if such game was a cancelled game.
- The Member acknowledges and agrees that CSE and/or NHL may postpone or reschedule Vancouver Canucks games for any reason, as determined in its/their sole discretion. In the event that any Vancouver Canucks game for which Tickets have been sold to the Member is postponed or rescheduled for any reason, the Member's sole remedy shall be to have such Tickets honoured at the Arena on the postponed or rescheduled game date.
- The Member acknowledges and agrees that the relocation, cancellation, postponement or rescheduling of any Vancouver Canucks games contemplated in the four sections immediately preceding above shall in no way be deemed, argued or construed to be a breach by CSE of any terms, conditions, agreement or any other duties or obligations in connection with the sale and use of these Tickets, provided that CSE will, where applicable, make the account adjustments contemplated in such sections. The Member hereby waives and releases any and all claims it may have against CSE and/or the NHL with respect to such relocated, cancelled, postponed or rescheduled game(s).
- If any dispute, or if any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or the Ticketback Terms, the prevailing party shall be entitled to recover from the other party its actual legal fees, expert witness fees and all other related costs in addition to any other relief to which that party may be entitled whether or not legal action is commenced.
- CSE reserves the right to relocate the seats in the Member's Ticket package due to broadcast and/or Arena security requirements and for any other reason in its sole discretion. If such a relocation is required, CSE will make every effort to relocate the Member (or the individual using any of the Member's Tickets) to seats in a substantially similar or better location within the Arena.
- The Member's Ticket rights and Membership Privileges remain subject at all times to: (i) the compliance of the Member with the terms and conditions of this Agreement; and (ii) the compliance of the Member and each individual using any of the Member's Tickets from time to time, with applicable laws, regulations and by-laws as well as the Ticketback Terms and other rules and policies established by CSE from time to time (including the Code of Conduct & Conditions of Admittance of Rogers Arena (which are posted at various Arena locations and may also be reviewed at rogersarena.com/code-of-conduct)) (collectively, the “Admission Rules”). CSE reserves the right, in its sole discretion, to terminate this Agreement (and the Member's Ticket rights and Membership Privileges), to temporarily suspend the Member's Ticket rights or Membership Privileges, to withdraw or restrict access to Membership Privileges, to refuse to sell additional Ticket package(s) to the Member, or to not offer to renew the Member's Ticket package(s) (and, if applicable, to cancel the Automatic Renewal (as defined below) of the Member's Ticket package(s)), if CSE (acting reasonably) determines that there has been a breach of this Agreement on the part of the Member or a breach of the Admission Rules on the part of the Member or any individual using any of the Member's Tickets. If CSE terminates this Agreement as aforesaid, CSE will be entitled (unless CSE, in its sole discretion, notifies the Member otherwise) to retain all payments made by the Member (or any individual or entity who has paid for Tickets on behalf of the Member) to the date of such termination. Furthermore, if there is a balance outstanding in respect of the Member's Ticket account at the time of such termination, then the Member shall pay CSE (upon CSE's demand) the amount of such balance or such portion thereof as CSE is unable to recover using commercially reasonable efforts to re-sell the Tickets for the remainder of the season following such termination.
- The Member acknowledges and agrees that, subject to the termination rights specified herein, this Agreement is for a one-season term and will expire following the NHL season for which the Tickets have been purchased (either of June 30 or the end of that season, whichever occurs later). Notwithstanding the Member's enrollment in Automatic Renewal (as described below), if applicable, the purchase of Ticket package(s) for any season does not create a legal entitlement for the Member to renew any Ticket package(s) for any subsequent season. For clarity, CSE has no obligation to renew this Agreement.
- CSE hereby disclaims any and all liability for the exercise of its discretion contemplated in this Agreement.
- The waiver by CSE of strict observance or performance of any term of this Agreement or the Ticketback Terms or of any breach of this Agreement on the part of the Member or of any breach of the Ticketback Terms on the part of the Member or any individual using any of the Member's Tickets shall not be held or deemed to be a waiver of any subsequent failure to observe or perform the same or any other term of this Agreement or the Ticketback Terms or any breach thereof. Additionally, the waiver by CSE of strict observance or performance of any term of an agreement equivalent to the Agreement between CSE and any other season ticket member or of any breach of such agreement on the part of such other season ticket member shall not be held or deemed to be a waiver of any failure to observe or perform the equivalent term, or any other term, of this Agreement or any breach thereof on the part of the Member.
- The invalidity of any provision of this Agreement or the Ticketback Terms shall in no way affect the validity of any other provision hereof or thereof. Time shall be of the essence hereof and thereof.
- This Agreement and the Ticketback Terms contain the entire agreement of the parties with respect to the subject matter hereof.
- From time to time, CSE may amend this Agreement upon notice to the Member. CSE will maintain an updated copy of these terms and conditions at www.canucks.com/ticket-terms.
ADDITIONAL TERMS AND CONDITIONS REGARDING CLUB SEAT TICKET PACKAGES
In addition to the terms and conditions described above, the following additional terms and conditions shall apply where the Member's Ticket package is for seats in the Club Seat section of the Arena ("Club Seat Tickets"), as such section may be named or renamed from time to time. For the purposes of these additional terms and conditions, "Other Events" means all events occurring at the Arena in respect of which tickets are made available to the general public, other than Vancouver Canucks games and games of any other sports franchise/team that uses Rogers Arena for home games.
- The Member may purchase Club Seat Tickets for those Other Events for which CSE indicates there is Club Seat availability at the price then established by CSE in its sole discretion. For greater certainty, CSE may for any reason, including rental agreement terms, requirements of the Other Event promoter etc., determine in its sole discretion that some or all Club Seats will not be available for specified Other Events and the Member acknowledges same. Where Club Seats are made available for Other Events, the Member will be given the opportunity to purchase its Club Seats Tickets (or if its Club Seat Tickets are not available, then subject to availability, alternate Club Seat Tickets or Tickets for seats elsewhere in the Arena) for such Other Events, subject to purchase deadlines. In the event the Member declines to purchase its Club Seat Tickets for an Other Event by the deadlines indicated by CSE, CSE may sell such Club Seat Tickets, or otherwise utilize such Club Seats for such Other Event, as it sees fit. The Member acknowledges and agrees that CSE and/or the Other Event promoter may postpone, reschedule or cancel an Other Event for any reason, as determined in its/their sole discretion, and this shall in no way be deemed, argued or construed to be a breach by CSE of any terms, conditions, agreement or any other duties or obligations in connection with the sale and use of Club Seat Tickets for such Other Event that have been purchased by the Member in accordance with this section. In the event that any Other Event for which Club Seat Tickets have been purchased by the Member in accordance with this section is postponed or rescheduled for any reason, the Member's sole remedy shall be to have such Club Seat Tickets honoured at the Arena on the postponed or rescheduled Other Event date, or to receive a refund of the purchase price paid for such Club Seat Tickets, as determined by the Other Event promoter in its sole discretion (including as to timing of any refund). In the event that any Other Event for which Club Seat Tickets have been purchased by the Member in accordance with this section is cancelled for any reason, the Member's sole remedy shall be to receive a refund of the purchase price paid for such Club Seat Tickets, the timing of which shall be determined by the Other Event promoter in its sole discretion. No interest or rebate will accrue on the amount of the refund at any time, and any refund shall be issued to the same method of payment in which the original payment was received, unless CSE and/or the Other Event promoter determine otherwise in its/their sole discretion. The Member hereby waives and releases any and all claims it may have against CSE and/or the Other Event promoter with respect to such postponed, rescheduled or cancelled Other Events.
- CSE shall have the exclusive right to control the use and occupancy of the Club Seats and the Arena at all times. The Member's use of the Club Seats shall not be continuous but shall include only the amount of time reasonably necessary to attend Vancouver Canucks games and Other Events.
ADDITIONAL TERMS AND CONDITIONS REGARDING AUTOMATIC PAYMENT PLANS
In addition to the terms and conditions described above, the following terms and condition shall apply where the Member has elected to pay its Ticket account by any of the payment plans made available by CSE.
- Payment will only be accepted by way of pre-authorized debit or credit card payment. If the Member is enrolled in Automatic Renewal, only one credit card or chequing/savings account shall be permitted per Ticket account, unless authorized by CSE.
- The Member hereby irrevocably authorizes CSE, or its assignee, or their respective agents to debit the amount of each payment from the Member's credit card or chequing/savings account (as indicated or on an attached VOID cheque). This authority shall remain in full force and effect until CSE has debited the full amount of the season and/or playoff Ticket package(s) purchased, except if the Member is enrolled in Automatic Renewal in which case this authority shall remain in full force and effect until the effective date of the Member's election to opt out from Automatic Renewal, as described below.
- The Member acknowledges that, with respect to all payments following the initial payment, withdrawals will be initiated on or about the 15th day of the applicable month, but the actual withdrawal date will depend on the Member's financial institution.
- The Member acknowledges that the delivery of authorization to CSE constitutes delivery by the Member to the branch of the financial or credit card institution at which it maintains an account and that such financial institution is not required to verify that the payment(s) are drawn in accordance with this authorization. The Member will notify CSE in writing of any changes in the account information prior to the next due date of the pre-authorized debit or credit card payment. The Member warrants that all persons whose signature(s) are required to sign on this account have accepted this Agreement.
- The Member acknowledges and agrees that an administration fee of $25.00 will be charged to its Ticket account for any declined payment insufficient funds or declined credit card. The Member acknowledges and agrees that it shall be a breach of this Agreement (giving rise to CSE's termination and other rights described above) if any automatic payment is declined and such non-payment is not remedied within 10 business days of the Member being so advised by CSE.
- CSE reserves the right to charge an administrative fee in respect of any of the automatic payment plan(s) made available by CSE in order to pay for the administration thereof, in which case CSE will specify which automatic payment plan(s) are subject to such fee, and the amount of such fee, as part of its annual renewal process. The Member agrees to pay such fee (whether paying by pre-authorized debit or credit card) if it is applicable to the Member's automatic payment plan.
ADDITIONAL TERMS AND CONDITIONS REGARDING AUTOMATIC RENEWAL
In addition to the terms and conditions described above, the following additional terms and conditions govern the automatic renewal of a Member's Ticket package from season to season ("Automatic Renewal").
1. At the same time as CSE, as part of its annual renewal process (typically in February/March each year), notifies its season ticket members of the pricing applicable to their Ticket package(s) for the upcoming season (that is, the season which commences in the fall of the same calendar year), CSE will include a statement (the "Automatic Renewal Statement") confirming the Member's enrollment in Automatic Renewal and specifying the Member's payment schedule for the upcoming season. CSE will ensure that the scheduled date of the initial payment for the upcoming season that is specified in the Automatic Renewal Statement (the "Initial Payment Date") is at least ten (10) calendar days from the date of issuance of the Automatic Renewal Statement. The Initial Payment Date will serve as the deadline by which a Member may, if they so choose, opt out of Automatic Renewal for the upcoming season in accordance with the section immediately following below.
2. The Member may elect to opt out of Automatic Renewal at any time **by completing and submitting the opt-out form**. If the completed opt-out form is submitted prior to the Initial Payment Date for an upcoming season as specified in the Automatic Renewal Statement for that season, the Member's election to opt out of Automatic Renewal will be effective for that season and the Member will cease to be a season ticket member for that season. If the completed opt-out form is submitted after the Initial Payment Date for an upcoming season as specified in the Automatic Renewal Statement for that season, the Member's election to opt out of Automatic Renewal will be effective at the conclusion of that season (that is, the Member will continue to be a season ticket member for that season and will cease to be a season ticket member at the conclusion of that season).
ELECTRONIC MESSAGES
- From time to time, CSE will send the Member electronic messages with information pertaining to its Ticket account (including messages with renewal, pick up or payment information or messages with other information related to the proper administration of the Ticket account) or its Membership Privileges.
- CSE may send the Member other types of electronic messages, such as offers of goods (including tickets) and services of CSE or its partners, provided CSE has the Member's consent to do so in accordance with applicable law.
TERMS AND CONDITIONS - SUITES AND PREMIUM CLUBS
- Agreement. These Terms and Conditions - Suites and Premium Clubs, together with any other terms and conditions or invoice(s) provided or referenced by Vancouver Arena Limited Partnership and/or any of its affiliates which collectively conduct business as Canucks Sports & Entertainment ("CSE"), constitute a binding legal agreement ("Agreement") that governs your right to use and occupy suite(s) and/or premium club(s) at Rogers Arena as designated by CSE (collectively, the "Premium Area") and the number of tickets to the Premium Area as designated by CSE ("Premium Area Tickets") in connection with the game(s) and/or other event(s) as designated by CSE (collectively, the "Event").
- Use in Accordance with Laws, Rules and Regulations. The grant of rights contemplated in this Agreement shall entitle each person receiving a Premium Area Ticket from you to enter Rogers Arena and the Premium Area to view the Event for which the Premium Area Ticket has been issued, subject to compliance at all times with: all applicable laws and regulations; the Ticketback Terms (the current version of which is attached as Schedule A hereto); the rules and regulations generally applicable to all persons attending Rogers Arena (including any posted in Rogers Arena); and any other rules, regulations or requirements of which notice is given by CSE from time to time.
- Access. You and your guests will be permitted access to the Premium Area one hour prior to the scheduled commencement of an Event (or, if the Event is produced by a third party, at such time as the producer of such Event may direct but in any case not less than thirty (30) minutes prior to the commencement of the Event), and you will be permitted to remain in the Premium Area until one hour following the conclusion of each Event or until midnight, whichever is earliest. Premium Area Tickets must be retained by the holder at all times while in Rogers Arena and must be produced for inspection at CSE's request.
- Food and Beverage.
(a) Suites only: CSE will arrange for a full range of catering services to be available to you at the Event upon your request. You will be responsible for the cost of these services. Arrangements, including without limitation, billing and credit arrangements in respect of the consumption of these services will be made directly between you and CSE or such third party as CSE may from time to time appoint to be the concessionaire in connection with these services. You acknowledge and agree that only goods or services supplied by CSE or its appointed concessionaire(s) may be consumed in the Premium Area. You further acknowledge and agree that goods or services delivered to the Premium Area may not be sold or resold at a price greater than the price charged to you by CSE or by its concessionaire(s). You agree that alcoholic beverages may not be resold at all.
(b) Other Premium Areas: Tapas-style cuisine will be provided and is included in the Premium Area Ticket price. No custom catering requests will be accepted. Food may be brought into the applicable Premium Area so long as it is purchased within Rogers Arena. Non-alcoholic beverages will be provided and are included in the ticket price. Alcoholic beverages will be available for purchase in the applicable Premium Area. - Notices of Deficiencies. You agree to give CSE prompt notice of any accident or any damage to the Premium Area or defect in the services provided to the Premium Area. This may be done by contacting CSE's Premium Client Services department.
- Late Payment. Any payment due from you to CSE, or to CSE's concessionaire, that is not received on or before the due date for such payment shall bear interest at the prime rate (designated as such by The Toronto-Dominion Bank and charged on loans to its largest and most creditworthy borrowers throughout Canada) plus three percent (3%) per annum, calculated and payable monthly, until received. Payment of such interest will be without prejudice to any other rights or remedies CSE or its concessionaire may have at law or in equity against you. CSE will not be obliged to issue Premium Area Tickets at any time while you are in arrears of payment of any sum due, and any such withholding or denial of Premium Area Tickets shall not entitle you to a reduction in the consideration payable by you with respect to the use of the Premium Area. You acknowledge that you shall not be entitled to any refund or credit in respect of any consideration paid hereunder, except if the Event is not held as scheduled at Rogers Arena for any reason.
- Ejection. CSE reserves the right to eject from Rogers Arena any person who does not hold a Premium Area Ticket, is acting in a manner prohibited by this Agreement, or is, in CSE's reasonable opinion, conducting himself / herself in an objectionable manner.
- Release. You agree to and hereby do release CSE and its affiliated companies and partnerships and all of their respective partners, shareholders, directors, officers, employees, representatives and agents (collectively, the "Released Parties") from any claim arising out of: (a) any of the Released Parties', or any of their employees' or agents', exercise or failure to exercise any right of ejection they may have; (b) any theft of or any loss, damage or injury to your property or the property of any of your guests (Note: Personal property accompanying persons entering Rogers Arena is brought into Rogers Arena at the sole risk of such persons, and CSE accepts no responsibility for such property; you and your guests are responsible for your/their personal property and should take care to ensure its safety and security); or (c) any injury to, or illness of, you (if an individual) or any of your guests occurring within Rogers Arena, the walkways or other approaches adjacent to Rogers Arena or on the lands on which Rogers Arena is located, except to the extent such injury or illness is attributable to the gross negligence or misconduct of any of the Released Parties. This Section will survive the expiry or termination of this Agreement.
- Indemnity. You hereby agree to indemnify and hold harmless the Released Parties from and against any expenses, costs, claims, suits, judgements, damages or any other liability whatsoever arising out of your or any of your guests' acts or omissions, neglect or wrongdoing in connection with your use and occupation of the Premium Area, any breach of this Agreement by you/them and/or otherwise relating to your/their attendance at or about Rogers Arena. This Section will survive the expiry or termination of this Agreement.
- Assignment. You will not share, assign, sublicence or otherwise transfer any right or privilege granted pursuant to this Agreement, or the Agreement itself, without CSE's prior written consent (which may not be unreasonably withheld). Any such purported assignment without CSE's prior written consent shall be void and of no force and effect.
- No Promotional Use or Advertising. You agree that you will not offer the use of the Premium Area or any Premium Area Tickets in connection with a public promotional plan, advertising campaign, contest or giveaway or in any other manner that trades on the goodwill of CSE or any of its affiliates, without CSE's prior written consent (which may be withheld in CSE's sole discretion). You agree not to publicly offer for sale or advertise in any media whatsoever the availability of any share or other opportunity to have access to or use of the Premium Area or of any Premium Area Ticket.
- Relationship of Parties. This Agreement does not constitute either party the agent of the other, or create a partnership, joint venture or similar relationship between the parties, and neither party shall have the power to obligate or bind the other party in contract, in tort or otherwise howsoever except as provided in this Agreement.
- Additional Terms and Conditions for Suites Only.
(a) Right of Entry. CSE shall have the continued right to enter the suite at any and all times: to perform the duties required to be performed by CSE under this Agreement and for any and all purposes related to this Agreement; to investigate any violation of the provisions of this Agreement; and generally, to inspect the suite and its condition.
(b) Alterations. You will not share, assign, sublicence or otherwise transfer any right or privilege granted pursuant to this Agreement, or the Agreement itself, without CSE's prior written consent (which may not be unreasonably withheld). Any such purported assignment without CSE's prior written consent shall be void and of no force and effect.
(c) No persons under 19 years of age will be permitted in the suite unless accompanied by and under the effective supervision of you or one or more of your adult guests.
(d) You must not permit strangers in the suite. - General. This Agreement contains the entire understanding between the parties relating to your use of the Premium Area and supersedes all prior oral and written understandings, arrangements and agreements relating thereto. Your purchase of Premium Area Tickets or use of the Premium Area constitutes full and unconditional agreement and acceptance of this Agreement, as the same may be amended by CSE from time to time in its sole discretion upon notice (CSE will maintain an updated copy of this Agreement at www.canucks.com/ticket-terms, and posting an amended Agreement to that site shall be deemed to be sufficient notice). The waiver by any party of strict observance or performance of any term of this Agreement or of any breach of it on the part of the other party shall not be held or deemed to be a waiver of any subsequent failure to observe or perform the same or any other term of this Agreement or of any breach thereof on the part of such party. The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate this Agreement, all of said provisions being inserted conditionally on their being considered legally valid, and this Agreement shall be construed and performed in all respects as if any invalid or unenforceable provisions are omitted provided the primary purpose of this Agreement is not thereby impeded. This Agreement shall enure to the benefit of and shall be binding upon the parties' respective successors and permitted assigns. This Agreement shall be governed by and interpreted according to the laws in force from time to time in British Columbia, Canada. Time shall be of the essence in this Agreement.
Schedule A - Ticketback Terms
ROGERS ARENA TICKETBACK TERMS
THIS TICKET IS A LICENSE FROM VANCOUVER ARENA LIMITED PARTNERSHIP, WHICH COLLECTIVELY WITH CERTAIN OF ITS AFFILIATES OPERATES AS CANUCKS SPORTS & ENTERTAINMENT ("CSE"). IT GRANTS THE HOLDER OF THE TICKET ("HOLDER") ADMISSION TO THE APPLICABLE ROGERS ARENA EVENT, SUBJECT TO THE TERMS AND CONDITIONS BELOW. IF THE APPLICABLE ROGERS ARENA EVENT IS AN NHL GAME, THEN IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS BELOW AND THE NHL TICKETBACK TERMS, THE NHL TICKETBACK TERMS WILL GOVERN. ANY CHILD MEASURING MORE THAN 36 INCHES IN HEIGHT REQUIRES A SEPARATE TICKET OF ADMISSION. A CHILD UNDER 36 INCHES IN HEIGHT MAY SIT ON THE HOLDER'S LAP DURING THE EVENT WITHOUT A SEPARATE TICKET OF ADMISSION. THIS TICKET MUST BE RETAINED BY THE HOLDER AT ALL TIMES DURING THE EVENT, AND MUST BE PRODUCED FOR INSPECTION UPON REQUEST. FAILURE TO DO SO MAY RESULT IN EVICTION FROM THE ARENA.
This license may be revoked and admission refused at any time, in the sole discretion of CSE, upon refunding the Holder the price set by CSE for the ticket (except where a refund is excluded by these terms and conditions). Unless authorized by CSE, resale or attempted resale of this ticket at a price higher than the price paid for the ticket for that event is grounds for seizure or cancellation without refund or other compensation. This ticket may not be offered, sold or otherwise used in connection with any advertising or public promotion of any business (including by way of contests, sweepstakes, giveaways or otherwise) unless specifically authorized by CSE. The Holder acknowledges and agrees that any commercial or other unauthorized recording, transmission, broadcast, reproduction or other use of any picture, video, account, or logo/mark depiction relating to an Arena event or its participants is prohibited without prior written consent from CSE, the National Hockey League (NHL), the National Lacrosse League (NLL), the Overwatch League (OWL) or the event producer, as applicable. Admission to the Arena is subject to compliance with the provisions of applicable laws, regulations and by-laws in addition to the rules and policies established by CSE from time to time, including the Code of Conduct & Conditions of Admittance of Rogers Arena (which are posted at various Arena locations and may also be reviewed at rogersarena.com/code-of-conduct). Breach of any of the ticket terms and conditions may result in termination of this license and subject the Holder to denied entry or eviction from the Arena without refund or other compensation. Without limitation, CSE reserves the right to refuse entry to the Arena or to evict persons who are caught smoking within the Arena (including e-cigarettes and vapourizers) or bringing outside food or beverage products of any kind into the Arena. CSE reserves the right to confiscate any signs, banners, flags or other articles which contain commercial, political or religious advertisement or propaganda or which contain content that CSE (in its sole discretion) considers offensive. Holder consents to an examination of his/her person and any personal belongings (including through the use of a magnetometer) before entering the Arena to ensure compliance with the requirements outlined above (refusal to submit to the search will result in denied entry). The published start time and date of the event may be changed upon public notice (but not specific notice to the Holder) and such changes do not entitle the Holder to any refund or exchange. CSE reserves the right to relocate the Holder's seat location due to operational requirements and for any other reason in CSE's sole discretion.
The Holder grants permission to CSE, NHL, NLL, OWL, and the event producers, as applicable, and their respective agents, affiliates and licensees ("Licensed Parties") to utilize in perpetuity, without compensation of any kind, the Holder's image or likeness (and the image or likeness of any person accompanying the Holder and for whom the Holder is responsible at law) as depicted in any photograph or recording taken during or in connection with the event, for their respective marketing, advertising and/or promotional activities and/or for exhibition incidental to any live or recorded video display, broadcast or other transmission or reproduction of the event, in whole or in part.
THE HOLDER VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury or illness, loss or damage to personal property and all other hazards arising from or related in any way to attendance at the event, whether occurring prior to, during or after the event, including specifically (but not exclusively) the danger of being injured by hockey pucks/sticks, lacrosse balls/sticks, by other spectators or players, or by thrown objects or breaking glass, as applicable, as well as the danger of being exposed to an infectious disease or virus. The Holder agrees that CSE, Ticketmaster L.L.C, NHL, NLL and OWL (and their respective member teams and their players) and the event producers, as applicable, and their respective agents, affiliates, directors, officers, employees and volunteers are expressly released by the Holder from claims arising from such causes. WARNING: BE ALERT WHEN IN SPECTATOR AREAS. PUCKS FLYING INTO SPECTATOR AREAS DURING HOCKEY EVENTS, OR BALLS FLYING INTO SPECTATOR AREAS DURING LACROSSE GAMES, CAN CAUSE SERIOUS INJURY.
TO REPORT INAPPROPRIATE FAN BEHAVIOUR, ASK A QUESTION OR REQUEST ASSISTANCE, USING YOUR MOBILE PHONE, TEXT THE NUMBER 69050, TYPE THE KEY WORD ROGERS (FOLLOWED BY A SPACE), WITH YOUR SECTION, ROW AND SEAT NUMBER, FOLLOWED BY YOUR MESSAGE.
NO SMOKING PERMITTED. NO IN & OUT PRIVILEGES. WHEELCHAIR ENTRY GATE 1 OR 16.
NHL TICKETBACK TERMS
THIS TICKET ("TICKET") IS A REVOCABLE LICENSE. BY PURCHASING AND/OR USING TICKETS TO AN NHL GAME, HOLDER OF THIS TICKET AGREES THAT (1) USE OF SUCH TICKETS AND ADMISSION TO THE ARENA, STADIUM, OR VENUE ("VENUE") IDENTIFIED IN THE TICKET IS CONDITIONED UPON HOLDER'S AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW, AND (2) HOLDER WILL INFORM ANY GUESTS, COMPANIONS, OR OTHER PERSONS WHO WILL BE USING TICKETS PURCHASED BY OR RECEIVED FROM HOLDER THAT AS TICKET HOLDERS THEMSELVES, THEIR OWN USE OF SUCH TICKETS AND ADMISSION TO THE VENUE ARE ALSO CONDITIONED UPON THEIR AGREEMENT TO THE TERMS AND CONDITIONS BELOW.
TO THE EXTENT ENFORCEABLE IN THE APPLICABLE JURISDICTION, HOLDER, VENUE, AND NHL AGREE THAT ALL DISPUTES ARISING FROM THESE TERMS AND CONDITIONS SHALL BE LITIGATED IN COURT OR ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION; AND, IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE VENUE.
SAFETY WARNING AND RELEASE/COMPLIANCE WITH NHL POLICIES
WARNING! DESPITE ENHANCED SPECTATOR SHIELDING MEASURES, PUCKS STILL MAY FLY INTO THE SPECTATOR AREA. SERIOUS INJURY CAN OCCUR. STAY ALERT AT ALL TIMES INCLUDING DURING WARMUP AND AFTER PLAY STOPS. IF STRUCK, IMMEDIATELY ASK USHER FOR DIRECTIONS TO MEDICAL STATION. HOLDER, ON BEHALF OF HOLDER AND ANY PERSON ACCOMPANYING HOLDER, INCLUDING MINOR(S), VOLUNTARILY ASSUMES ALL RISKS OF PROPERTY LOSS AND PERSONAL INJURY, ILLNESS AND ALL OTHER HAZARDS RELATED TO THE GAME AND ATTENDING THE VENUE FOR WHICH A TICKET IS ISSUED, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE GAME, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY, THE DANGER OF INJURY BY HOCKEY PUCKS, STICKS AND OTHER EQUIPMENT, BY SPECTATORS OR PLAYERS, OR BY THROWN OBJECTS, AS WELL AS EFFECTS RELATED TO THE NOVEL CORONAVIRUS, COVID-19, WHICH HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION, IS EXTREMELY CONTAGIOUS, AND IS BELIEVED TO BE SPREAD MAINLY FROM PERSON-TO-PERSON AND THE RISK OF WHICH CANNOT BE ELIMINATED BY PRECAUTIONS, AND AGREES THAT THE NATIONAL HOCKEY LEAGUE, THE VENUE, THE NHL MEMBER CLUBS, NHL ENTERPRISES, L.P., NHL ENTERPRISES CANADA, L.P., THE NHLPA (INCLUDING CURRENT AND FORMER PLAYERS) AND EACH OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, AGENCIES, DEPARTMENTS, SUBDIVISIONS, RELATED ENTITIES, OWNERS, GOVERNORS, TRUSTEES, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, PRINCIPALS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "NHL") ARE EXPRESSLY RELEASED FROM ANY AND ALL CLAIMS ARISING FROM OR RELATING TO SUCH CAUSES OR OTHERWISE OCCURRING AT OR IN CONNECTION WITH THE GAME, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY CLAIMS ARISING FROM OR RELATING TO THE NEGLIGENCE OF THE NHL.
HOLDER SHALL REVIEW CAREFULLY, AND ABIDE BY, THE POLICIES OF THE NHL, INCLUDING WITHOUT LIMITATION THE NHL FAN CODE OF CONDUCT, THE FAN GUIDE FOR THE EVENT AND ANY VENUE POLICIES, PROTOCOLS, OR PROCEDURES THE NHL MAY REQUIRE COMPLIANCE WITH OR VERIFICATION OF PRIOR TO OR AS A CONDITION OF ADMISSION TO THE VENUE, INCLUDING THOSE INTENDED TO PREVENT AND/OR CONTROL THE SPREAD OF COVID-19 THROUGH PERSONAL PRECAUTIONS, SOCIAL DISTANCING MEASURES, CONTACT TRACING, AND/OR PROOF OF TESTING NEGATIVE OR PROOF OF VACCINATION, AS APPLICABLE ("NHL POLICIES"). NHL RESERVES THE RIGHT TO REFUSE ADMISSION OR EJECT ANY PERSON THAT FAILS TO ABIDE BY ANY NHL POLICIES. NHL RESERVES THE RIGHT TO MODIFY ANY NHL POLICIES WITHOUT NOTICE. IN THE EVENT ANY PROVISION OF THIS TICKET SHALL BE DEEMED TO BE INVALID, ILLEGAL, OR UNENFORCEABLE BY A COURT OF LAW OR AUTHORIZED ARBITRATOR, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
NAME/LIKENESS RELEASE
BY USING THE TICKET(S) AND ATTENDING THE GAME, HOLDER, ON BEHALF OF HOLDER AND ANY PERSON ACCOMPANYING HOLDER, INCLUDING MINOR(S), GRANTS THE NATIONAL HOCKEY LEAGUE AND ITS MEMBER CLUBS, THE VENUE, NHL ENTERPRISES, L.P., NHL ENTERPRISES CANADA, L.P., AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE "NHL ENTITIES") PERMISSION TO RECORD HIS/HER IMAGE, NAME, VOICE, LIKENESS, ACTIONS AND/OR STATEMENTS IN ANY IMAGE, FOOTAGE, OR DISPLAY, WHETHER LIVE OR RECORDED, WHICH MAY BE TAKEN AT THE GAME OR AT THE VENUE, AND TO THE USE OF SAME BY THE NHL ENTITIES AT ANY TIME, FOR ANY PURPOSE (INCLUDING ADVERTISING OR PROMOTIONAL PURPOSES), AND IN ANY MEDIA NOW KNOWN OR SUBSEQUENTLY DEVELOPED WITHOUT ADDITIONAL COMPENSATION. THE NHL ENTITIES RESERVE THE RIGHT TO MODIFY ANY NHL POLICIES, INCLUDING THIS RELEASE, WITHOUT NOTICE.
UNAUTHORIZED COMMERCIAL USE OF TICKET / UNAUTHORIZED TRANSMISSION.
GAME TICKETS MAY NOT BE USED FOR ADVERTISING, PROMOTION (INCLUDING CONTESTS AND SWEEPSTAKES) OR OTHER COMMERCIAL PURPOSES WITHOUT PRIOR WRITTEN CONSENT OF THE NHL AND/OR THE APPLICABLE NHL MEMBER CLUB. ANY NON-EDITORIAL OR COMMERCIAL USE OF ANY NHL OR NHL CLUB MARK IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF THE NHL. ANY UNAUTHORIZED TRANSMISSION, PICTURE OR OTHER DEPICTION OR DESCRIPTION OF ANY GAME ACTION, GAME INFORMATION OR OTHER VENUE ACTIVITY IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF THE NHL. NHL RESERVES THE RIGHT TO MODIFY ANY NHL POLICIES WITHOUT NOTICE.