A. General.
1. These terms and conditions, together with all ticket order and account information submitted by a Member (collectively the “Terms and Conditions”) shall apply to the purchase and use by the Member of a package of tickets to Toronto Maple Leafs (“Team”) games (“Tickets”) at the arena located at 40 Bay St., Toronto, Ontario (the “Arena”)from Maple Leaf Sports & Entertainment Partnership (“MLSE”). By tendering payment to MLSE or accepting a Ticket, theMember signifies its acceptance of these Terms and Conditions and its agreement to be bound thereby.
2. For the purposes of these Terms and Conditions, “Member” means the individual or entity entered on the records of MLSE as being the account holder in respect of the purchase of a package of Tickets, “Commercial Reseller Member” means a Member who: (i) is in the business of making available for sale tickets that were originally made available for sale by a primary seller; or (ii) a Member who purchases with the primary intent of resale for commercial gain, and “Traditional Member” means a Member who is not a Commercial Reseller Member (e.g., a Member who primarily uses Tickets for personal and/or hospitality purposes).
3. Subject to any other agreement between the parties(e.g., club agreement, personal seat license, etc.), the Member acknowledges and agrees that not withstanding anything to the contrary in these Terms and Conditions, the opportunity to renew this membership is a personal privilege granted by MLSE which may be withdrawn by MLSE at any time and that neither party has the right or obligation to renew a season seat membership.
4. These Terms and Conditions supplement the ticket back terms and conditions that are either printed on the reverse side of each physical Ticket or made available digitally for mobile Tickets (the “Ticket Back Terms”) which also apply to the Member and each individual using any of the Member’s Tickets from time to time. The current version of the Ticket Back Terms is attached as Schedule A hereto. If any of these Terms and Conditions conflict with the Ticket BackTerms, these Terms and Conditions shall prevail to the extent of the conflict.
5. 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. As a revocable license, each Ticket maybe revoked at any time (including before or after MLSE delivers the Ticket) for any reason (including, without limitation, Preemption (as defined below)) by MLSE, and, upon such revocation, MLSE shall refund or credit the holder of the Ticket in the amount of the stated face value of the Ticket, less the portion of any discount allocable to that Ticket as a result of the Ticket having been purchased as part of a Member Ticket package. MLSE shall have no liability in connection with the revocation of a Ticket other than the aforementioned refund or credit. MLSE’s right to revoke described in this Section is in addition to any other right of MLSE to terminate set forth in these Terms and Conditions or otherwise. Use of the Tickets and attendance at any game are governed by (i)the Arena policies, including health and safety, security, alcohol and appropriate conduct policies (including the Code of Conduct attached hereto as Schedule B hereto) (the “Arena Policies”)and (ii) applicable laws, including without limitation laws governing consumer protection and the purchase and sale of tickets.
6. The Member acknowledges that their Tickets may be subject to certain disclaimers set out in Schedule C hereto. The Member’s Ticket invoice shall reference by number the disclaimer(s) that apply to their Tickets.
7. The Member acknowledges and agrees that the Tickets being purchased hereunder are solely for the preseason and regular season Team games specified in the associated invoice and for the avoidance of doubt, shall not include tickets, to any other event or game, including, without limitation, any NHL All Star event, neutral site game, outdoor game, or playoff game (each a “League Special Event”), held in the Team’s market or hosted by the National Hockey League (“NHL”) at the Arena or otherwise in which the Team participates. Notwithstanding the foregoing, if the Member is a Traditional Member (i) MLSE will make reasonable efforts to secure the Member an opportunity to purchase an equivalent number of tickets for any Team home game that is relocated to an alternate venue for the purposes of playing a League Special Game, and (ii) the Member will have the first right to purchase home playoff tickets corresponding to the rights specified in the Member’s Ticket package for games played at the Arena at the price(s), by the deadline(s) and upon such other terms and conditions as may be established by MLSE in its sole discretion, provided that if the Member declines to purchase playoff tickets on such terms and conditions, MLSE may sell such playoff tickets, or otherwise utilize the seats for such playoff games, as MLSE sees fit. MLSE may extend the foregoing benefits to Commercial Reseller Members in MLSE’s sole discretion.
8. The Member acknowledges and agrees that the Team and/or NHL may cancel, postpone, reschedule or relocate games included in the Member’s Ticket package for any reason, 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 (“Preemption”).
9. In the event that a Team game or event for which Tickets have been sold to the Member is not played or presented in the Arena for any reason, including, without limitation, Preemption, such event shall in no way be deemed, argued or construed to be a breach by MLSE of any term, condition, agreement or any other duty or obligation in connection with the sale and use of these Tickets. In such event the Member shall have its membership account credited with an amount representing the amount of the stated face value of the Ticket, less the portion of any discount allocable to that Ticket as a result of the Ticket having been purchased as part of a Member Ticket package. Unless other arrangements are agreed between MLSE and the Member, the credited funds shall, where applicable, be held by MLSE 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/or 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, unless MLSE determines otherwise in its sole discretion. The Member hereby waives and releases any and all claims it may have against MLSE and/or the NHL with respect to such game or event not played or presented in the Arena.
10. MLSE reserves the right to relocate the seats in the Member’s Ticket package occasionally during the regular season and at any time during the playoffs due to broadcast, NHL and/or Arena security or health and safety requirements. If such a relocation is required, MLSE will endeavor 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.
11. A Member may be determined to be a Commercial Reseller Member by MLSE, in its sole discretion, at any time. MLSE shall provide written notice to a Member in the event such Member is determined to be a Commercial Reseller Member. Accounts belonging to Commercial Reseller Members will not be eligible to receive certain Membership Privileges(defined below) including, without limitation, preferred pricing, flexible payment options and/or additional member gifting opportunities.
12. The Member’s Ticket rights and such other privileges as may be extended by MLSE from time to time (the “Membership Privileges”) remain subject at all times to the compliance of the Member(and, with respect to (ii) – (iv), of each individual using any of the Member’s Tickets from time to time): (i) with these Terms and Conditions; (ii) with the ArenaPolicies; (iii) with all applicable laws including, without limitation, laws governing consumer protection and the purchase and sale of tickets; and (iv)with the Ticket Back Terms, in each case as the same may be established, enacted, modified, amended, supplemented or restated as applicable from time to time. MLSE reserves the right, in its sole discretion, to terminate a membership (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 theMember’s Ticket package(s), if MLSE (acting reasonably) determines that there has been a breach of these Terms and Conditions on the part of the Member or an individual using the Member’s Tickets, as applicable.
13. MLSE reserves the right, in its sole discretion, to amend these Terms and Conditions from time to time upon written notice to the Member.MLSE will maintain a current copy of these Terms and Conditions on the member portal which can be accessed at www.mlse.com/membertermsandconditions.
14. MLSE reserves the right, in its sole discretion, to extend optional Member promotional offers (“Promotional Offers”). Promotional Offers will be communicated to the applicable Member at least thirty (30) days in advance of the Season(s) (as defined below) to which such Promotional Offer(s) apply. Promotional Offers may be subject to such additional terms and conditions as communicated by MLSE. In the event of a conflict between the terms of the Promotional Offer and these Terms and Conditions, the terms of the Promotional Offer shall govern.
15. If the Member or any Ticket user is ejected for any reason from a game or event in respect of which a ticket has been issued to the Member or otherwise acquired, MLSE reserve the right, in MLSE’s sole discretion, to revoke the Membership related to such ticket.
16. MLSE’s acceptance of payment for a Membership from any individual or entity who is not the account holder for such Membership does not grant any rights to such Membership to such individual or entity. Any rights or privileges associated with a Membership belong only to the account holder of record as entered on MLSE’s records. MLSE reserve the right to require that any transaction pertaining to a Membership held in a corporate name be supported by appropriate corporate resolutions or other documents.
17. COVID-19
a. Acknowledgments of COVID-19 and Other Risks. The Member acknowledges that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented from time to time by MLSE and/or third parties (including, but not limited to, Federal, Provincial and municipal governmental agencies) (collectively, the “Arena Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, partner, family members, and other contacts; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. THE MEMBER FULLY UNDERSTANDS AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THEIR ENTRY INTO, AND PRESENCE IN, THE ARENA, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, OF MLSE, OF THE NHL OR OTHER THIRD PARTIES. MEMBER ACCEPTS PERSONAL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITY, AND OTHER LOSSES THAT THEY OR ANY OF THEIR HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, NEXT OF KIN, AND OTHER PERSONS ACTING OR PURPORTING TO ACT ON THE MEMBER’S BEHALF (“RELATED PERSONS”) MAY INCUR IN CONNECTION WITH THE FOREGOING RISKS.
b. Release, Waiver of Liability, and Covenant Not to Sue. On behalf of themselves and each of their Related Persons, Member hereby knowingly, voluntarily, irrevocably, and forever releases, waives, and discharges (and covenants not to sue), MLSE and the NHL from (or with respect to) any and all claims, suits, causes of action, and claims for damages, whether past, present, or future, and whether known or unknown, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR IN CONNECTION WITH MEMBER’S DEATH, PERSONAL INJURY, ILLNESS, DISABILITY, SUFFERING OF SHORT-TERM OR LONG-TERM HEALTH EFFECTS, OR LOSS OF OR DAMAGE TO PROPERTY, which Member or any of their Related Persons may have or hereafter accrue against MLSE as a result of or that relate in any way to (i) member’s exposure to COVID-19; (ii) Member’s travel to and from, entry into, or presence within, the Arena or compliance with Arena Protocols or any other policies or protocols applicable to the Arena; (iii) ANY INTERACTION BETWEEN MEMBER AND ANY PERSONNEL OF MLSE PRESENT AT THE ARENA (INCLUDING, WITHOUT LIMITATION, ANY USHERS, TICKET-TAKERS, EVENT SECURITY, HEALTH AND SAFETY PERSONNEL, OR CLEANING, CONCESSIONS, OR PARKING PERSONNEL); or (iv) any of the risks identified above in subsection 17.a, in each case whether caused by any action, inaction, or negligence of MLSE, the NHL, or otherwise.
c. Member acknowledges that due to Federal, Provincial or municipal rules, MLSE may be restricted or prohibited from having fans in attendance at Team home games (“Fan Restrictions”). The Member further acknowledges that in the event that MLSE is subject to Fan Restrictions, that MLSE may in its sole discretion determine seating allocations within the Arena for Team home games at the Arena, which may include but not be limited to the having third parties seated in the Member’s season seat(s) and/or assigning seat(s) to the Member which are different than their Membership season seat(s).
B. ADDITIONAL TERMS AND CONDITIONS REGARDING AUTOMATIC PAYMENT PLANS.
By selecting a Ticket package, the Member agrees to select a payment plan option from the payment plan options made available to it by MLSE for each season, which is typically from July 1st to June 30th (each a “Season”), and further agrees that subject to availability, the select payment plan will, absent notice to or from MLSE, recur each Season and is subject to the following payment terms:
1. Payment Authorization. The Member understands that by selecting a ticket package, the Member gives MLSE authorization to bill the Member for the Member’s Tickets in accordance with the selected payment plan. For all Member Tickets payments, this payment authorization shall remain in effect for so long as the Member’s account remains in good standing with MLSE. The Member hereby represents and warrants to MLSE that it has the authority to approve charges in accordance with the listed payment information for the purpose of paying for the Tickets. The Member understands and agrees that MLSE is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, MLSE’s only responsibility is to correct it if and when MLSE receives written notice of the error. The Member understands that all deposits and/or payments made are non-refundable. The Member understands that it is the sole responsibility of the Member to ensure that its payment information is correct and current and to notify MLSE in writing of any errors, deficiencies or changes such that the payment information may be updated, and that the Member’s failure to do so within the specified time frame may result in a suspension or loss of Tickets and/or Membership Privileges at the sole discretion of MLSE. MLSE reserves the right to charge a processing fee of CAD$50.00 in the event a payment is refused for any reason. All payments are due on the dates specified regardless of game cancellations or rescheduling – refunds will be addressed in accordance with the applicable policy in effect at that time for the applicable game.
2. Payment Plan Options for Traditional Members. Traditional Members will, unless otherwise communicated by MLSE, have the option of three payment plans:
a. Annual Plan: This plan allows the Traditional Member to pay 100% of the cost of its Tickets for the following Season on or before the First Payment Date (as set out in the Notice). This payment may be made using Visa, Mastercard, or American Express (each a “Credit Card”), or electronic funds transfer.
b. Semi-Annual Plan: This plan allows Member to pay 50% of the cost of their Tickets for the following Season on the First Payment Date, and to pay the remaining balance on a second payment date as specified on the relevant Notice. These payments may be made using a Credit Card, Visa debit, Mastercard debit or electronic funds transfer.
c. Monthly Payment Plan: This plan allows Member to pay for the cost of their Tickets for the following Season by making monthly payments (the number of monthly payments and the amount of each payment will be communicated annually in the Notice (defined below)) commencing on the First Payment Date, with the following payments being due on dates referenced in the relevant Notice. These monthly payments may be made by Credit Card only.
Notwithstanding the foregoing, MLSE reserves the right to make modifications to the payment plan options (e.g. modify the payment dates, modify the number of payments, etc.) as may be required to align with scheduling changes to a Season. In such event, MLSE shall notify the Traditional Member of any such changes and the Traditional Member shall have thirty (30) days to select a payment plan from those made available by MLSE for the affected Season.
A Traditional Member must select one of the available payment plans.
If the Traditional Member wishes to select a different payment plan at the start of a subsequent Season, the Member may do so by informing MLSE ticketing service team prior to the First Payment Date for the following Season provided that no change in a payment plan will be effective until it is confirmed in writing by MLSE. Notwithstanding the foregoing, if a Promotional Offer provides for an alternative payment plan, then such Promotional Offer payment plan shall apply for the Season in with the Member has opted into such Promotional Offer.
3. Payment Plan Options for Commercial Reseller Members. Commercial Reseller Members will, unless otherwise communicated by MLSE, have the option of two payment plans:
a. Annual Plan: This plan allows the Commercial Reseller Member to pay 100% of the cost of its Tickets for the following Season on or before the First Payment Date (as set out in the Notice). This payment may be made using a Credit Card or electronic funds transfer.
b. Semi-Annual Plan: This plan allows the Commercial Reseller Member to pay 50% of the cost of its Tickets for the following Season on or before the First Payment Date, and to pay the remaining balance on a second payment date as specified on the relevant Notice. These payments may be made using a Credit Card, Visa debit, Mastercard debit or electronic funds transfer.
Notwithstanding the foregoing, MLSE reserves the right to make modifications to the payment plan options (e.g. modify the payment dates, modify the number of payments, etc.) as may be required to align with scheduling changes to a Season. In such event, MLSE shall notify the Commercial Reseller Member of any such changes and the Commercial Reseller Member shall have thirty (30) days to select a payment plan from those made available by MLSE for the affected Season.
A Commercial Reseller Member must select one of the available payment plans.
If the Commercial Reseller Member wishes to select a different payment plan at the start of a subsequent Season, the Commercial Reseller Member may do so by informing MLSE ticketing service team prior to the First Payment Date for the following Season provided that no change in a payment plan will be effective until it is confirmed in writing by MLSE.
4. Failure to Make Payments. If a Member enrolled in the Annual Plan or Semi-Annual Plan misses a payment, and the payment remains outstanding for ten (10) or more business days, MLSE may suspend or terminate the Member’s account. If a Member enrolled in the Monthly Payment Plan fails to make a scheduled payment three (3) times in a Season, MLSE may suspend or terminate the Member’s account. If a Member on an MLSE approved alternate payment plan misses a scheduled payment and the, payment remains outstanding of ten (10) business days, MLSE may suspend or terminate the Member’s account. If the Member account is terminated, MLSE reserves the right to resell Tickets for future games. In the event that MLSE terminates the Member’s account, MLSE will provide written notice to the Member. If a Member’s Credit Card on file is declined for a given payment for any reason, MLSE will re-run the Credit Card 24 hours later, and again 48 hours after the payment was initially declined. MLSE will make all reasonable attempts by email and/or telephone to request that the payment information be updated. If after five (5) business days, a payment has not been made, the barcodes for the Member’s Tickets shall be suspended for all future games. Please note, no refund will be issued for any games missed during this suspension.
5. Automatic Payment Plan. In connection with the Member’s purchase of the Tickets for the upcoming Season, the Member is subject to an automatic payment plan (the “Payment Program”). Through the Payment Program, the Member will, unless otherwise communicated by MLSE, have its Tickets automatically renewed for the upcoming Season on the relevant First Payment Date, until such time as the Member or MLSE chooses not to renew the membership.
6. Membership Deposit. MLSE may, in its sole discretion, require in advance of a Season the payment by the Member of a membership deposit (“Deposit”). If so required, MLSE will provide the Member with at least thirty (30) days advanced notice of (i) the Deposit amount, (ii) the date on which the Deposit payment is required, and (iii) any additional relevant Deposit information. The Deposit is to be made by the Member and will not be completed automatically by MLSE. MLSE will make reasonable attempts by email and/or telephone the Member to request that the Member complete payment of the Deposit on time. Failure to pay the Deposit by the Deposit due date, may result in the termination or suspension of the Member’s account. In the event that MLSE terminates or suspends the Member’s account, MLSE will provide written notice to the Member. Following payment of the Deposit, MLSE shall provide the Member with at least thirty (30) days advance notice of the amount and payment dates for the balance of the Member’s ticket package. The remaining balance of the Member’s ticket package will, unless otherwise communicated by MLSE, be processed automatically in accordance with the Member’s selected payment plan. To ensure that the balance of the Member’s ticket package can be properly processed, a Member may be required by MLSE to select a preferred method of payment and/or payment plan.
7. Notice. MLSE may provide each Member with written notice at least thirty (30) days in advance of each upcoming renewal date (the “Notice”). The Notice shall include: (i) the relevant renewal date (the “First Payment Date”); (ii) new Tickets pricing; (iii) any Promotional Offers; (iv) any material changes to these Terms and Conditions; and (v) the method for the Member to indicate its desire not to renew its membership.
8. Cancel. Members may cancel their Membership at any time during a Season for any reason with 30 days’ notice by completing the web-form found on https://www.nhl.com/mapleleafs/members/cancel. Members who cancel their Membership will not receive any refunds for any installment payments made prior to the effective date of cancellation (being 30 days from the date of correct completion and submission of the web-form) and will have all membership benefits suspended as of the effective date of cancellation
A Member who purchases a ticket package, expressly authorizes the initial and continued payment in accordance with its selected payment plan for the current Season and for each subsequent Season, until the earliest to occur of the following: (i) the Member chooses to change its then current payment plan; (ii) the Member opts out of the Tickets; or(iii) the Member’s membership is terminated by the Member or MLSE.
C. MOBILE TICKETING
All tickets will be issued in the form of “mobile tickets” which can be displayed on a mobile device using (i) the Maple Leafs app, (ii) Maple Leafs Account Manager, or (iii) a mobile device Apple/Android wallet. No paper tickets will be issued other than on an exception basis as determined by MLSE.
Schedule A
TICKET BACK 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.
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 HUMAN CORONAVIRUSES, AND AGREES THAT THE NATIONAL HOCKEY LEAGUE, MAPLE LEAF SPORTS & ENTERTAINMENT PARTNERNSHIP (“MLSE”),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 VENUE 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, 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, MLSE, 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 MLSE. 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.
ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) if admission is refused or revoked, or the Event is cancelled and not RESCHEDULED, is a refund of up to the ticket’s face value set by the Team (less any discounts received at the time of purchase) (the “Face Value”). IN NO EVENT SHALL THE TEAM, NHL, MLSE OR THE VENUE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET. All Event dates and times are subject to change. The Holder acknowledges that the Event may be cancelled or rescheduled. Lost, stolen, or counterfeit tickets will not be honored.
INSPECTION
The Holder and the Holder's belongings may be searched upon entry into the Venue and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the NHL, MLSE and/or the Venue, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the NHL, MLSE or the Venue. If the Holder elects not to consent, the Holder will be denied entry into the Venue without refund or credit.
Schedule B
CODE OF CONDUCT
Maple Leaf Sports & Entertainment (“MLSE”) is committed to providing a safe, comfortable and enjoyable experience for our fans and guests at the arenas currently known as the Scotiabank Arena and Coca-Cola Coliseum (the “Venues”), and MLSE is committed to providing courteous and professional service. Everyone should expect and help to promote an environment where people are treated in a courteous, professional, considerate and respectful manner by all fans, arena staff, team and event personnel, performers, players and other guests. Accordingly, MLSE will not tolerate unsafe, abusive, unlawful or offensive conduct in our Venues. This conduct includes, without limitation:
· Smoking (including e-cigarettes or vapourizers) except in specifically designated areas;
· Violence, fighting, threatening, taunting, physical or verbal harassment;
· Making abusive, sexist, racist, offensive or obscene remarks or gestures;
· Disruptive, harmful or disorderly behaviour;
· Sitting in a location other than the seat identified on the guest’s ticket;
· Any disruption of the game or event by a guest’s actions;
· Throwing objects of any kind or entering the playing surface or performance area;
· Intoxication or any signs of impairment related to alcohol or drug consumption;
· Possession of alcohol by a minor or providing alcohol to a minor;
· Possession of alcohol not purchased inside the Venue;
· Engaging in any commercial activity not authorized by MLSE;
· Failure to comply with requests from staff, including those related to Venue policies, operations or emergency response procedures; or
· Any act which, in the opinion of Venue officials, presents a risk to the safety of fans or staff.
Failure to abide by this Code of Conduct is subject to sanctions at the discretion of MLSE, which may include ejection, suspension of entry privileges, arrest, and banishment from any or all MLSE facilities.
Season ticket members and suite holders are reminded that they are responsible for the behaviour of anyone using their tickets and that failure to abide by this Code of Conduct by suite holders, Toronto Maple Leafs, Toronto Raptors, or Toronto Marlies season ticket members, or by anyone using their tickets, may result in loss of season ticket member or suite holder privileges.
All guests are reminded that bottles, coolers and containers of any kind are not allowed into the Venue and may be confiscated. MLSE reserves the right to limit the size of bags, purses or backpacks permitted within the Venue. Guests are advised to consult the applicable Venue websites for specific policies with respect to bags. MLSE reserves the right to prohibit the entry of items which may, in MLSE’s opinion, interfere with the ability of other guests to enjoy the game or event.
Venue staff have been trained to intervene when necessary to help ensure a safe and comfortable environment. Guests are encouraged to report any violations of this Code of Conduct or any inappropriate behaviour to the nearest usher, security guard or fan services staff member.
MLSE thanks you for adhering to this Code of Conduct and for making each event special and memorable to you and your fellow guests.
Schedule C
INVOICE DISCLAIMERS
The following disclaimers may apply to your tickets. Please review your current Ticket invoice to confirm which, if any, of the following disclaimers apply to your Tickets:
1. Seat Relocations: Please note that due to MLSE or NHL rules and/or requirements, your membership seat location may be relocated for NHL regular season and/or playoff games. In the event that this occurs, we will do our best to relocate you based on available inventory.
2. Reduced Capacity: Please note that due to health and safety measures fan capacity restrictions at the arena may be put in place during the NHL season. In the event of reduced fan capacity restrictions for NHL games during the season MLSE reserves the right to (i) recall tickets (including any tickets which have been resold/transferred) and (ii) allocate access to available ticketing inventory and MLSE will use reasonable efforts to provide members with the opportunity to purchase from the available ticketing inventory.
3. Accessible Seating Relocations: Please note that your membership seats are located in an accessible seating area of the arena. In order to provide access to members of the accessible needs community, MLSE reserves the right, on a game by game basis, to relocate you in the event that your membership seats are not occupied by persons of accessible needs. Any such relocation will be based on available inventory.
4. Membership Benefits: Please note that based on the use of the tickets purchased under this membership account primarily for personal and/or hospitality purposes, this account is eligible to continue to receive member benefits during the NHL season. Member benefits include, without limitation, preferred pricing, flexible payment options and additional member gifting opportunities. MLSE reserves the right to terminate your eligibility for certain member benefits at any time, including in the event that MLSE determines, in its sole discretion, that the tickets purchased under this membership account are being used primarily for resale.
5. Identified Ticket Broker: Please note that based on the use of the tickets purchased under this membership account primarily for resale, this account is no longer eligible to receive certain member benefits including, without limitation, preferred pricing, flexible payment options and additional member gifting opportunities. If you believe this assessment of your membership account has been made in error, please contact MLSE at (416) 366 3865 or TicketResale@MLSE.com.
6. Entry to Air Canada Signature Club: Please note that access to the Air Canada Signature Club (“ACSC”) is restricted to ACSC members only. As a result, the ACSC entrance ways located in Sections 107, 108 and 109 of the arena will not be available for arena patrons, who are not ACSC members, to access the arena event level and/or non-ACSC event level club areas.
7. Entry to Tunnel Club: Please note that access to the Tunnel Club (“TC”) is restricted to TC members only. As a result, the TC entrance ways located in Section 119 of the arena will not be available for arena patrons, who are not TC members, to access the arena event level and/or non-TC event level club areas.
8. NHL TV Broadcast Relocation: Please note that, due to NHL broadcast obligations, you may be relocated from your membership seat location as a result of camera placements and/or league requirements for the NHL playoffs, as well as for select NHL regular season games. In the event that this occurs, we will do our best to relocate you, based on available inventory.