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The following terms and conditions apply to each agreement (“Agreement”) for the purchase of a ticket or tickets (“Ticket” or “Tickets”) to an event (“Event”) hosted or ticketed by the Kitchener Memorial Auditorium Complex (“The Aud”), at the venue located at 400 East Ave. Kitchener, ON, or any other venue specified on the Ticket (each a “Venue”).
For any questions or inquiries relating to these terms and conditions, please contact info@theaud.ca.
For the purposes of these terms and conditions, The Aud, the Corporation of the City of Kitchener, the Kitchener Rangers Jr. A Hockey Club—and any other operator, tenant of the Venue, or promoter of an Event—will be included in any reference to “The Aud.”
Agreement to be Bound
- By purchasing, holding, or being in possession of a Ticket, an individual or legal business entity (the “Ticket Holder”) expressly agrees to, and is, bound by the Terms (as defined below). Individuals under the age of 18 are assumed to have obtained the consent of their parent or legal guardian prior to attending the Event.
- The Aud will communicate only with the individual or legal business entity identified on the Agreement in all matters pertaining to the Tickets purchased under the Agreement (the “Purchaser”). Should a Purchaser wish to have someone else named to handle such matters, the Purchaser must submit written authorization to The Aud for approval. In the event the Purchaser is a legal business entity, the company must identify an individual as a “contact person” for communication purposes.
License
- Each Ticket purchased pursuant to the Agreement is a revocable, conditional license granted by The Aud. The Aud, in its sole discretion, may revoke the license at any time and for any reason.
- By presenting a Ticket to The Aud at the Venue, the Ticket permits the Ticket Holder the right to:
- Enter the publicly-accessible areas of the Venue on the date specified on the Ticket and at times determined by The Aud (for clarity, latecomers will not be admitted until a suitable break in the performance, and readmission will be refused if the Ticket Holder leaves the Venue);
- Attend the Event; and
- Sit or stand, as applicable, in the location identified on the Ticket.
- The Ticket must be read in conjunction with, and incorporates, the following:
- These Ticket Terms and Conditions;
- The policies listed on The Aud’s website (https://www.theaud.ca/en/contact-us/policies.aspx);
- The terms and conditions as set forth, from time to time, by any league that governs the Event, including, without limitation, the Ontario Hockey League, or any other applicable governing league or entity (the “Leagues”), or the organizer/tenant/promoter of the Event, as applicable;
- Any additional conditions communicated by The Aud to the Ticket Holder from time to time, (collectively, the “Terms”).
- By accepting these Terms, the Ticket Holder acknowledges and agrees that it has no reasonable expectation, right, or privilege to any tickets to any event not specified in an Agreement.
Ticket Purchase
- Pay When Due. The Purchaser agrees to pay all amounts specified on the Ticket or Agreement, as applicable, in accordance with the payment option selected, including but not limited to, doing so by the applicable due date(s) as are stipulated. By purchasing the Ticket, the Purchaser authorizes The Aud to charge the credit card on file in the Purchaser’s payment account the applicable fee on the date specified in the Agreement. All sales are final. The Purchaser agrees that any payment made on account (including any deposit and partial payment) is non-refundable. If the Agreement includes vouchers, no refunds, exchanges, or cancellations are available. Payments returned by the bank will result in a twenty dollar ($20) handling fee, which will be charged to the payment account provided by the Purchaser to The Aud. Failure to make payment by the due date may result in The Aud retracting its offer and loss of any future benefits. Unpaid amounts after any due date will be subject to a late payment charge of the greater of two percent (2%) per month until paid, calculated and compounded monthly, or the maximum allowable by law.
- Payment Verification. All information provided by the Purchaser to The Aud in ordering Tickets must be valid and is subject to verification by The Aud. Orders placed, or attempted to be placed, using an account in which any information entered is found by The Aud be false, misleading, incorrect, incomplete or cannot be verified as belonging to the Purchaser, such as name, address, billing address or other billing information, email address, phone number, IP address, or other, is subject to cancellation by The Aud in its sole and absolute discretion. The Aud may sell any cancelled Ticket to an alternative purchaser without notice to the Purchaser or any Ticket Holder.
- Ticket Limit. The Aud may limit the number of Tickets any individual or legal business entity may purchase for an event (a “Ticket Limit”). The Aud reserves the right to cancel any Ticket if it determines, in its sole discretion, any individual or legal business entity has exceeded, or attempted to exceed, the Ticket Limit.
- All Sales are Final. ALL SALES ARE FINAL. NO REFUNDS OR EXCHANGES. The Purchaser agrees not to attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to the Tickets, including, without limitation, by seeking a “chargeback” from the company whose credit card the Purchaser used to purchase the Ticket.
- Events Subject to Change. Event time and date, performers, team rosters, including the Kitchener Rangers Hockey Club, or any other team playing at the Venue (each a “Team” and together the “Teams”), are subject to change without notice to the Purchaser or Ticket Holder.
- Rescheduled Event. If the Event is rescheduled to a different date and time than what appears on the Ticket or Agreement, The Aud will attempt to contact the Purchaser to inform the Purchaser of the refund or exchange procedure applicable to the Ticket, if any. The Aud makes no representation in respect of refund or exchange procedures in the event of a re-scheduled event, as such procedures will be determined by The Aud in its sole discretion on a case by case basis.
- Cancelled Event. If the Event is cancelled, The Aud will issue a refund of the Ticket’s face value paid (or, for a discounted ticket, then the discounted Ticket price paid) and all service fees. Refunds will only be issued to the Purchaser, and will be in the same payment method used by the Purchaser to purchase the Ticket.
- Replacement Tickets. Replacement of a Ticket is subject to a replacement fee of ten dollars ($10).
- Carry-Overs. The Ticket Holder’s right to admission to the Venue is tied directly to the Event printed on the applicable Ticket, and CANNOT be carried over to any subsequent Event, including, for greater clarity, any subsequent season or Playoff Game (as defined below).
Prohibitions and Non-Compliance
- Prohibition on Resale, etc. Except where a resale is made through The Aud Box Office, any direct or indirect sale, resale, auction, assignment, or transfer of any Ticket at a price greater than the price printed on the front, as well as any attempt at any of the foregoing, is strictly prohibited and a violation of the Terms. Furthermore, any resale of any Ticket in violation of any federal, provincial or local law, ordinance, rule or regulation violates the Terms and may result in revocation of the Ticket license. No Ticket may be used for advertising, promotion (including contests, giveaways and sweepstakes), or any other trade or commercial purposes without the prior written consent of The Aud, which consent may be arbitrarily and unreasonably withheld.
- Non-Compliance. The Aud reserves the right to investigate violations or non-compliance of the Ticket license and the Terms. The failure of the Purchaser or any Ticket Holder to cooperate with any investigation constitutes a violation of the Terms. The Aud reserves the unrestricted right to revoke or terminate the Ticket license, seize any Ticket, and the right to restrict or deny future Ticket purchasing privileges to anyone determined to be, or has been, in violation or non-compliance with the Terms without affecting the Purchaser’s payment obligations to The Aud. The Purchaser and Ticket Holder acknowledge damages may not be an adequate remedy for breach of the Terms and consent to injunctive or other relief that may be sought to enforce same.
- Responsibility for Violation of the Terms. The Purchaser is responsible for, and shall cause any Ticket Holders of Tickets purchased by the Purchaser, to maintain proper decorum and comply with all applicable laws, and all rules, regulations, and policies of all governmental authorities, The Aud, the Leagues, and any other operator of the Venue or promoter of an Event, and the Purchaser agrees to reimburse The Aud for any and all costs incurred by The Aud to repair any damage (other than normal wear and tear) caused by the Purchaser or any Ticket Holders of Tickets purchased by the Purchaser to the Venue or other property in or around the Venue.
Privacy and Transmission of Information
- No Reasonable Expectation of Privacy or Anonymity. Ticket Holders have no reasonable expectation of privacy or anonymity. Recordings, photos, video, portrayals, etc. (“Media”) of the Ticket Holder made or taken during the Event may be used by The Aud, its affiliates, and related entities for commercial or other purposes (including, for greater clarity, on social media platforms) without compensation to the Ticket Holder. The Ticket Holder waives any rights, including moral rights, they may otherwise have in their likeness or in its use in any Media.
- Transmission of Event Information. The Ticket Holder hereby agrees that:
- It shall not transmit or aid in transmitting any information about the Event, including, but not limited to, any account, description, picture, video, audio, reproduction or other information concerning the Event (collectively “Event Information”);
- The Aud, related entities, or event producers, as applicable, are the exclusive owners of all copyrights and other proprietary rights in the Event Information; and,
- The Ticket Holder grants The Aud, the Teams, the opposing teams, event promoters and each of their respective agents the unrestricted right and license to record the Ticket Holder’s and its representatives’ voice, image and/or likeness by any means and to use that/those recording(s) for any purpose, commercial or otherwise, in their absolute discretion and without any requirement of further permission or remuneration.
Safety
- Risk of Injury or Illness. THE TICKET HOLDER ACKNOWLEDGES, AND ASSUMES ALL RISKS INCIDENT TO ATTENDANCE AT THE EVENT, INCLUDING THE RISK OF PROPERTY LOSS AND/OR DAMAGE, PERSONAL ILLNESS, INJURY OR DEATH ARISING OR RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BY PLAYERS, PERFORMERS, SPECTATORS, OBJECTS PROJECTED, THROWN OR HIT INTO SPECTATOR AREAS AND THE RISK OF EXPOSURE TO COMMUNICABLE DISEASES, VIRUSES, BACTERIA OR ILLNESS OR THEIR RESPECTIVE CAUSES, INCLUDING THOSE ASSOCIATED WITH THE NOVEL CORONAVIRUS / COVID-19), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, AND THE TICKET HOLDER WAIVES ALL CLAIMS AGAINST THE RELEASED ENTITIES RELATING TO SAME. IF HURT OR UNWELL, THE TICKET HOLDER WILL NOT ATTEND THE EVENT. IF THE TICKETHOLDER BECOMES UNWELL ON SITE AT THE VENUE, THE TICKET HOLDER WILL IMMEDIATELY ASK THE AUD STAFF FOR MEDICAL ASSISTANCE.
- Search on Entry. The Ticket Holder consents to a reasonable examination of their person and property on entry to the Venue to ensure Event safety, including with respect to the prevention of illness and disease, and waives any related claims that may arise. If the Ticket Holder does not consent to such searches, the Ticket Holder may be denied entry to the Venue without refund or other compensation.
Limitation of Liability
- Limitation of Liability. Ticket Holder acknowledges and agrees that the Agreement is with The Aud, and that no affiliate or related entity of The Aud is intended to be bound hereby. Neither The Aud, the Corporation of the City of Kitchener, the Leagues, and their respective member clubs, current and former players, performers, event organizers, tenants, and promoters, sponsors, and each of their affiliates, related entities, owners, governors, officers, directors, partners, partnerships, principals, employees, contractors, and agents (all of the above being the “Released Entities”) shall be liable or responsible for any loss, damage or injury to any person or to any property of Ticket Holder at the Venue, its parking areas or elsewhere resulting from any cause whatsoever, including, but not limited to theft or vandalism, except to the extent due to the gross negligence or the willful misconduct of the Released Entities, and are expressly released and forever discharged by the Ticket Holder from any and all claims, whether known or unknown, present or future, arising from or relating to such risks or otherwise occurring at or in connection with the Event. In addition to the foregoing, the maximum liability of the Released Entities to the Ticket Holder under any theory of law, including contract or tort, shall not exceed the amount of the fee paid by the Ticket Holder for the Ticket.
- Indemnity. The Purchaser and the Ticket Holder shall indemnify and hold harmless the Released Entities, from and against any liability, losses, damages, claims, demands, costs and expenses, including attorneys’ fees and litigation expenses (including in any action between Ticket Holder and any such indemnitee), arising out of or related to any personal injury or property damage (other than ordinary wear and tear) occurring in or upon the Venue, or elsewhere in connection with the Purchaser’s or Ticket Holder’s negligence.
Miscellaneous
- Amendments. The Aud reserves the right to unilaterally amend the Terms from time to time, and such amendments shall be effective upon written notice to the Ticket Holder. The Terms cannot be changed by the Ticket Holder.
- Force Majeure. A party will not be responsible for its failure to perform or for delay in performance due to causes beyond its reasonable control and not occasioned by its fault or negligence, such as acts of God, fire, theft, flood, power outage, strike or labour difficulties, war, riot, embargo, or acts of civil or military authorities, provided however that lack of funds or credit will not constitute an event of force majeure. In such event, the parties will make every reasonable effort to determine sufficient “make goods” allowing the restricted party to satisfy its obligations hereunder.
- If The Aud is required or elects to remediate, restore, or rebuild the Venue in such a manner that it is not possible for the Ticket Holder to attend the Event and sit or stand, as applicable, in the location identified on the Ticket, the Agreement shall remain in full force and effect, and the parties will make every reasonable effort to determine sufficient “make goods” allowing the restricted party to satisfy its obligations hereunder, which may result in The Aud relocating the seating/standing location to a comparable location, or refunding the Ticket for the applicable Event.
- Severability. In the event any provision or part of the Terms or Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Terms or Agreement will be inoperative.
- Governing Law and Jurisdiction. The Terms will be governed exclusively by the laws of the Province of Ontario, without giving effect to conflict of laws principles thereof.
- Flex Game Packs and Vouchers (Complimentary Tickets). If the Agreement includes Flex Game Packs and Vouchers, no refunds, exchanges, or cancellations are available. All sales are final. The Ticket Holder’s right to admission pertains only to the regular season games indicated on the Ticket and in the Agreement and cannot be used for Playoff Games or carried over to any subsequent season.
- Playoff Games. The Ticket Holder’s right to admission pertains only to the regular season games or events indicated on the Ticket and in the Agreement and cannot be used for any playoff game of a Team at the Venue (a “Playoff Game”) or carried over to any subsequent season or account year.
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