mtl-purchase-agreement

PURCHASE AGREEMENT FOR TICKETS

Preamble

Thank you for using the Montreal Canadiens online ticketing service (the “Service”). Your purchase of Montreal Canadiens tickets through the Service is subject to the terms of the present Purchase Agreement for Tickets (the “Agreement”). When reference is made to the "Agreement" it shall also include the Terms of Use and the Privacy Policy that you can consult at https://www.nhl.com/info/terms-of-service and at https://www.nhl.com/canadiens/team/privacy-policy, which are incorporated by reference herein as if recited at length. If there should be inconsistencies between the Agreement and the Terms of Use or Privacy Policy, the Agreement shall prevail.

By purchasing tickets through the Service you agree to be bound by the Agreement. If you have any questions about this Agreement, please contact us at 1-877-668-8269. This preamble shall form an integral part of the Agreement.

Parties

The parties to the Agreement (the “Parties”) are:

CLUB DE HOCKEY CANADIEN, INC.
1275 St-Antoine Ouest
Montreal (Quebec) H3C 5L2
(hereinafter referred to as “CHC”)

- AND -

You (also referred to as the "Customer", and may be written as “You” or “you”)

Purchased Ticket

You hereby agree to purchase and CHC agrees to sell the ticket(s) (the “Ticket(s)”) detailed in your Order Confirmation (as defined below). The purchase of the Ticket(s) grants the Ticket holder the revocable license to attend the event described on the Ticket(s). No other relationship between the Parties, either expressed or implied, is created by your purchase of the Ticket(s).

Order Confirmation

Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number (the “Order Confirmation”). You must keep your confirmation number.

If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption while you are completing the purchase of your Ticket(s), it is your entire responsibility to contact our Customer Service Department (by phone at 1-877-668-8269 or by email at [email protected]) to confirm whether your order has been properly processed. You are solely responsible for any problem that may occur during the purchase of Ticket(s). In such case, CHC shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring during the purchase of Ticket(s) through this website, including, without limitation, the failure of a transaction to be completed or confirmed, whether through the actions of CHC and/or its related entities, or a third party.

Orders will be processed only after a billing address and other billing information have been verified. Incorrect billing or credit card account information can delay the processing of the order and the delivery of the Ticket(s). In such case, CHC’s Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If CHC is unable to reach you after an initial attempt, it reserves the right to cancel your order and sell your Ticket(s) to another customer.

Obligation to Pay

By accepting the terms of this Agreement, you agree to pay the full price of the Ticket(s) ordered, including any applicable taxes and delivery, convenience and other fees, as described on the Order Confirmation page or e-mail. Ticket(s) prices for events that occur in Canada are stated in Canadian Dollars.

Refunds and Exchanges

You must review your Ticket(s) selection before you submit and confirm your order. Subject to the provisions below for cancelled and/or postponed events, there are no exchanges or refunds once the Ticket(s) have been purchased.

Delivery

The Ticket(s) can either be delivered by regular mail, express mail or e-mail at the postal or e-mail address you indicate, as a mobile version (via the Montreal Canadiens app) or, when such option is possible, by will call (pick-up). If you choose to receive the Ticket(s) by e-mail, just print your e-tickets and present them at the event. Note that certain delays and fees are applicable depending on the delivery mode you choose.

Cancelled and/or Postponed Events

You have the sole responsibility of verifying if an event for which you have purchased Tickets through this website is cancelled or postponed. If an event is cancelled or postponed, CHC will inform you through this website about procedures for making an exchange or obtaining a refund.

As a general rule, if an event is cancelled, the credit card with which you purchased the Ticket(s) will be refunded. However, CHC reserves the right to decide on an alternative refund or exchange method for a particular event.

CHC may change its refund and/or exchange policies at any time, at its sole and exclusive discretion. Any change to the policy may be found here:
https://www.nhl.com/canadiens/team/purchase-agreement

National Hockey League (“NHL”) Special Events

You acknowledge and agree that Ticket(s) being purchased hereunder are solely for the 2023-2024 NHL preseason and regular season games presented by the Montreal Canadiens and played at the Bell Centre, and for the avoidance of doubt, shall not include tickets, or the right to purchase tickets, to any other event or game, including but not limited to, any NHL Global Series Games, NHL China Games, NHL Winter Classic, NHL Heritage Classic, NHL Stadium Series, Hockeyville, NHL All-Star or NHL Draft event (“League Special Event”) to the extent held in the Montreal Canadiens’ market or hosted by the NHL at the Bell Centre or otherwise in which the Montreal Canadiens may participate. You acknowledge and agree that the Montreal Canadiens and/or NHL may cancel, postpone, reschedule or relocate games or events for any reason (e.g., move a regular season game of the Montreal Canadiens from the Bell Centre to an alternate venue for the purposes of playing a League Special Event), as determined in its/their sole discretion, as well as modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentations of NHL games and events (“Preemption”).

In the event that any game or event for which Ticket(s) have been sold to you is not played or presented in the Bell Centre for any reason, including, but not limited to, Preemption, such game or event shall in no way be deemed, argued or construed to be a breach by the Montreal Canadiens of any terms, conditions, agreement or any other duties or obligations in connection with the sale and use of these Tickets and, in such event, your sole remedy shall be a pro-rata account credit or refund equal to the price paid for these Tickets as specified in your ticket invoice, and you hereby waive and release any and all claims you may have against the Montreal Canadiens, its affiliates companies and/or the NHL with respect to such game(s) or event not played or presented at the Bell Centre.

Right to Cancel Tickets, Refuse Access and Expel

CHC reserves the right to cancel any Ticket(s) or order of Ticket(s) through this website and to institute legal proceedings against you if you breach any provision of the Agreement or this website.

CHC reserves the right to request photo ID of the Ticket(s) holder. Anyone carrying a backpack will be denied access.

The Ticket(s) purchased on this website (or on the Montreal Canadiens mobile app.) are revocable licenses and admission to a Ticket holder may be refused for any reason (or no reason) at the sole discretion of CHC, its employees, agents, officers or representatives, upon refunding the Ticket’s face value. Ticket(s) shall not be redeemable for cash.

Recording, Transmission and Publication

You hereby grant CHC the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the event in any means or circumstances, without any further permission or compensation.

Use of Personal Information

Any and all collection and use of your personal information will be made in accordance with our Privacy Policy which you can consult here:
https://www.nhl.com/canadiens/team/privacy-policy

Limitation of Liability

By accepting the terms of the Agreement, you assume all risk, liability and responsibility for any and all damages of any nature suffered by you, including, without limitation, bodily harm and loss of property incurred during or in connection with the event. Furthermore, you hereby waive any and all rights to claim damages, monetary or otherwise, or to institute civil, criminal, administrative or legal proceedings against CHC, its affiliates and other related entities or their directors, officers, employees, representatives and all other persons acting on behalf of CHC (the “Released Parties”), resulting from any cause whatsoever arising either before, during or after the event.

Without limiting the generality of the foregoing, an inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By attending any event at the Bell Centre, you assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus, or other pathogens capable of causing a communicable disease or illness, whether this occurs before, during, or after the event - however caused or contracted - and voluntarily waive all claims and potential claims against the Released Parties relating to such risks, hazards, and/or dangers.

In certain cases, applicable laws may not allow the limitation of liability set forth above, so this limitation of liability may not apply in such particular cases. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then Released Parties’ aggregate liability under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred Canadian dollars (CAN$100).

Indemnification

You hereby agree to indemnify and hold harmless the Released Parties from and against any and all claims, actions, damages or other demands, including, but not limited to, reasonable costs and expenses of litigation such as counsel fees, arising from or relating to (i) your purchase of Ticket(s), or (ii) your attendance to the event.

Applicable Laws and Exclusive Jurisdiction

The Parties hereby agree that this Agreement shall be governed by and interpreted according to the laws applicable within the Province of Quebec in force at the time, without regard to conflict of law provisions. Furthermore, the Parties hereby elect to submit to the exclusive jurisdiction of the courts of the Province of Quebec, in the judicial district of Montreal, in respect of any action or proceeding arising out of or related to the Agreement. However, the foregoing clause is in force without prejudice to the rights of CHC to obtain any protective proceeding such as an injunction from any competent court having jurisdiction.

General

Where a court of competent jurisdiction declares a portion of the Agreement invalid or unenforceable, the remainder of the Agreement shall remain in force.

The headings in the Agreement are provided for clarity only and do not form an integral part of the Agreement.

Where you have read the Agreement in English, the Parties agree that the Agreement shall be drawn up in the English language. You can also read the Agreement in French at https://www.nhl.com/fr/canadiens/team/entente-achat

Ticket Conditions

The following paragraph appears on all printed Tickets and forms an integral part of the Agreement:

IMPORTANT – This ticket is a revocable license. By purchasing and/or using this ticket, the ticket holder agrees with the following terms and conditions and with our Privacy Policy. No exchange and no refund. In case of cancellation or postponement of an event, L’Aréna des Canadiens Inc. or any of its affiliated companies (“ADC”) may, in its sole discretion and pursuant to the conditions then in force, offer an exchange or a refund. Ticket may not be sold or transferred commercially or for promotional purposes, with or without consideration, without the prior written consent of ADC. Canadiens.com and ticketmaster.ca are the only official and authorized ticket resale sites. The ticket may not be used for advertising purposes and may not be subject to a contest, draw, giveaway or sweepstake without the prior written consent of ADC. Any falsification is prohibited. This ticket is void when declared lost or stolen by the ticket holder. Lost or stolen tickets will not be replaced. The holder of this ticket assumes, on behalf of holder and any person accompanying holder (including minor(s)), full responsibility as to the risks and dangers that may result from this event and waives any claim against ADC, the National Hockey League, its member clubs, NHL Enterprises L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive Cyberenterprises, LLC, NHL Network US, L.P., NHL Network US, Inc., National Hockey League Enterprises Canada Inc., NHL Enterprises, Inc., the players association as well as against their respective related entities, officers, directors, associates, shareholders, members, employees, agents and representatives (collectively the « NHL Parties ») for loss or damage whatever the cause may be, incurred or suffered before, during or after the event, including, without limitation, any loss or damage related to infectious and/or communicable diseases, including human coronaviruses or other illnesses, which includes specifically but not exclusively claims arising from the negligence of any NHL Party. Despite enhanced spectator shielding measures, objects, including pucks, may still fly into the spectator area and cause serious injuries. Stay alert at all times including during warmup and play stoppages. The holder of this ticket, on behalf of holder and any person accompanying holder (including minor(s)), waives any claim resulting from the capture of his/her image, voice, likeness, actions and/or statements while at the venue and the use and/or transmission of such for promotional purposes or other. Ticket holder is bound by all rules, regulations, policies and protocols in force at the venue, including, without limitation, security protocols and the NHL Fan Code of Conduct. Weapons are prohibited from entering the venue. Food and beverages (alcoholic or not) may not be brought inside the venue. The use of cameras, audio and video recording devices is also prohibited. Backpacks as well as other items considered hazardous by on-site security officers will not be allowed inside the venue. Re-entry is not allowed and smoking, including e-cigarettes, inside the venue is prohibited. Latecomers will only be admitted when deemed appropriate. Management reserves the right to deny access to an event to any person whose presence is deemed undesirable and/or evict any patron whose behavior is considered inadequate or which fails to abide by any rules, regulations, policies and/or protocols in force at the venue, with or without a refund of the ticket price.