OTTAWA SENATORS HOCKEY CLUB SEASON SEAT MEMBERSHIP TERMS AND CONDITIONS
1. DEFINITIONS. For the purposes of these terms and conditions, Capital Sports & Entertainment Inc., the owner of the Ottawa Senators Hockey Club ("Ottawa Senators"), a National Hockey League ("NHL") member club, shall be referred to as "CSE". The individual or legal entity entered on the records of CSE as being the account holder in respect of the purchase of a season seat package for Ottawa Senators home games to be played at the Arena (a "Package"), shall be referred to as the "Member". "Arena" shall refer to the home arena of the Ottawa Senators which is located at 1000 Palladium Drive, in Ottawa, Ontario and is currently known as the 'Canadian Tire Centre'.
2. APPLICATION. These terms and conditions, together with all Package order and account information submitted by a Member, constitute a binding legal agreement ("Agreement") between CSE and the Member. By tendering payment to CSE or accepting a Package ticket, the Member signifies its acceptance of these terms and conditions and its agreement to be bound to this Agreement. CSE reserves the right to unilaterally amend these terms and conditions from time to time, and such amendments shall be effective upon written notice to the Member. CSE will maintain an updated copy of these terms and conditions.
The Member acknowledges and agrees that receipt of Membership Benefits (as defined in section 9 below) including use of Package tickets and attendance at any Package games, by the Member or any individual using any of the Member's Package tickets from time to time, is governed by (i) this Agreement; (ii) the terms and conditions printed on the reverse side of each Package ticket (or viewable in the electronic ticket platform, as applicable) (the "Ticket Terms"); (iii) Arena policies, including security, alcohol consumption, and code of conduct policies; and (iv) applicable laws.
3. TERM. The Member acknowledges and agrees that, subject to the termination rights specified herein, its Package is provided for a one-season term and will expire on June 30th following the NHL season for which such season seat package was purchased. The term may be reasonably and appropriately adjusted by CSE in its sole discretion in the event of suspension of games for any reason whatsoever or the unforeseen inability to play games at the Arena. The purchase of a season seat package for any season does not create a legal entitlement or obligation for the Member to renew any season seat package(s) for any subsequent season, with the exception of a Member who is enrolled in the Sens Fan for Life Program (as described below). The Member further acknowledges and agrees that the opportunity to renew its Package is a privilege granted by CSE which may be withdrawn by CSE at any time and that CSE has no obligation to renew this Agreement.
4. SENS FAN FOR LIFE AUTO-RENEWAL PROGRAM. At the same time as CSE, as part of its annual renewal process (typically in February/March each year), notifies its season seat members of the pricing applicable to their season seat packages for the upcoming season (that is, the season which commences in the fall of the same calendar year), CSE will include a notice (the "Automatic Renewal Notice") confirming the Member's enrollment in the Sens Fan for Life automatic renewal program ("Sens Fan For Life Program"). The Automatic Renewal Notice will specify the new pricing and payment schedule for the Member's Package for the upcoming season as well as any other proposed changes to the Agreement. The Member may elect to opt out of the Sens Fan for Life Program by providing its account manager with written notice by email. If the opt out email notice is received within 30 days of the date of issuance of the Annual Renewal Notice, the Member's election to opt out of the Sens Fan for Life Program will be effective for that season. If the opt out email notice is received by CSE 30 or more days after the date of issuance of the Annual Renewal Notice, the Member's election to opt out of the Sens Fan For Life Program will be effective for the next ensuing season. If the Member opts out of the Sens Fan for Life Program as aforesaid, CSE will transition the Member back to CSE's standard (that is, not automatic) renewal process.
5. OWNERSHIP. CSE will deal only with the Member in all matters pertaining to the Package. Should a Member wish to have someone else named to handle such matters, written authorization must be submitted by the Member to CSE for approval. The designated contact person for a Package account held by a business may be changed at any time upon written notice to CSE. The Member agrees to promptly notify CSE in writing of any changes in address, phone number, payment information, or account status.
CSE's acceptance of payment with respect to a Package from any individual or entity who is not the Member does not grant any rights to Package tickets to such individual or entity, rather such payments are deemed to have been made for and on behalf of the Member. All payments for Package tickets made by, or for and on behalf of, the Member are non-refundable except as expressly contemplated in this Agreement or, with respect to an individual Package ticket, the Ticket Terms.
6. PACKAGE GAMES; LEAGUE SPECIAL GAMES. The Member acknowledges and agrees that the Package being purchased hereunder includes only the designated pre-season and regular season Ottawa Senators games played at the Arena (and not Ottawa Senators home playoff games), and for the avoidance of doubt, shall not include tickets, to any other event or game, including without limitation, any NHL European Global Series Games, NHL China Games, NHL Winter Classic, NHL Stadium Series, NHL All Star or NHL Draft event (each a "League Special Game") held in the Ottawa Senators market or hosted by the NHL at the Arena or otherwise in which the Ottawa Senators, or any of its players, participate.
Notwithstanding the foregoing, CSE will make reasonable efforts to secure the Member an opportunity to purchase tickets for any Ottawa Senators home game that is relocated to an alternate venue within the Ottawa Senators market for the purposes of playing a League Special Game.
7. PREEMPTION. The Member acknowledges and agrees that CSE and/or the NHL may cancel, postpone, reschedule or relocate games for any reason (e.g., move a regular season game of the Ottawa Senators from the Arena to an alternate venue for the purposes of playing a League Special Game), as determined in its/their sole discretion, as well as to modify or discontinue, temporarily or permanently, any aspect of the rules, operations, venue configuration and presentations of NHL games and events, including to comply with provincial health regulations and guidelines regarding public assembly ("Preemption") provided that CSE will, where applicable, make the account adjustments contemplated in the paragraph immediately following below.
In the event that any Ottawa Senators game for which Package tickets have been sold to the Member is not played or held in the Arena for any reason, including, without limitation, Preemption, or in the event that the Member is not entitled for any reason, including, without limitation, Preemption, to attend any Ottawa Senators game for which Package tickets have been sold to the Member, 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 these tickets. In such event, the Member's sole remedy, as determined by CSE in its sole discretion, shall be to: (i) have its account credited with an amount equal to the amount paid (or payable) by the Member for the particular missed game(s) (such amount to be determined as a pro-ration based on the number of originally scheduled home games) or (ii) receive an equivalent number of tickets to an alternate Ottawa Senators regular season home game in the same game tier or other Ottawa Senators special event played at the Arena in full satisfaction for the Package tickets made unavailable due to Preemption. 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 regular season or playoff tickets (if applicable) in the season in which the cancelled game(s) occurred and/or to the Member's renewal of a season seat package in the subsequently played season. If the Member elects not to purchase regular season or playoff tickets and does not renew its Package for the subsequent season, the amount of the credit will be refunded following the season seat 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 CSE determines otherwise in its sole discretion. The Member hereby waives and releases any and all claims it may have against CSE and/or the NHL with respect to such game(s) not played at the Arena.
8. PLAYOFF GAMES. The Member will have the first right to purchase Ottawa Senators home playoff tickets corresponding to the playoff rights specified in its Package at the price(s), by the deadline(s), and upon such terms and conditions as may be established by CSE in its sole discretion. All sales of playoff tickets under this Agreement are final and non-cancellable by the Member. In the event the Member declines to purchase playoff tickets on such terms and conditions as may be set by CSE, CSE may sell, or otherwise utilize the seats for such playoff games, as CSE sees fit.
The Member must indicate on its Package order form, Playoff Ticket order form, or during online renewal, as applicable, its preference regarding playoff credit or refund (in the event any games purchased are not required to be played to determine the winner of a playoff round). Credit left on account will be applied to credit card bill plans, or left on account for future ticket purchases if the Member's account is paid in full. Playoff refunds will be provided via the method of payment used for purchase. Please allow four (4) to six (6) weeks from the date of the Ottawa Senators being eliminated from the playoffs for processing of playoff refunds.
9. MEMBERSHIP BENEFITS. The Member acknowledges that any supplementary season ticket membership rights and privileges offered by CSE (that is, in addition to the use of Package Tickets - for example, invitations to season seat member events, discounts on concessions items and merchandise, and such other rights and privileges as may be extended by CSE from time to time) ("Membership Benefits") 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 Benefits is prohibited, and that any other transfer of Membership Benefits is only permissible if expressly authorized by CSE. The Member acknowledges and agrees that all matters regarding Membership Benefits shall be determined by CSE in its sole discretion, including whether any Membership Benefits are offered, as well as the nature, details and conditions of any Membership Benefits that are offered (including whether they are offered on a per account, per ticket or other basis).
Food and Beverage Inclusion. Members who purchase a full or half season seat package in the 100 Level of the Arena will have a food and beverage credit applied to each individual Package ticket (amount of credit per game will be specified in the Member's Package order form or Purchase Statement (if renewing online)). The food and beverage credit may be redeemed by presenting the Package game ticket at an Arena concession location for scanning (mobile kiosks and in-game hawkers excluded). The Member acknowledges and agrees that food and beverage credits are applied on a per game basis and there will be no refund, or carryover to a future game, of any unused food and beverage credit amounts. If the Member elects to purchase additional tickets for any Package game, the Member further acknowledges and agrees that such additional tickets will not include food and beverage credits.
Ticket Brokers. For the purposes of these terms and conditions, "Ticket Broker" shall mean an individual or legal entity: (i) who is in the business of making available for sale tickets that were originally made available for sale by a primary seller; or (ii) who purchases a Package with the primary intent of reselling Package tickets for commercial gain. A Member may be determined to be a Ticket Broker by CSE in its sole discretion at any time. Accounts belonging to suspected Ticket Brokers will not be entitled to receive any Membership Benefits other than the use of Package tickets. CSE reserves the right to revoke, suspend, or not offer for sale, tickets to suspected Ticket Brokers.
10. PAYMENTS. The Member agrees to pay in full all amounts specified in its Package order form or Purchase Statement (if renewing online) (including without limitation the cost of all tickets and parking passes as well as all applicable taxes and fees), or as may otherwise be described in these terms and conditions, by the date such payments are due, in accordance with the payment option selected in its Package order form or Purchase Statement. Members who select the Full Pay payment option will receive 2% of their Package value in Sens Bucks (an account credit, redeemable towards certain specified benefits, such as concessions, restaurants, merchandise, tickets or suite rentals) for use during the season. Payments may be made by cheque, credit card (only Visa, MasterCard or American Express credit card will be accepted for payment plans), or by direct debit payment. The Member hereby irrevocably authorizes CSE to debit the amount of each payment from the Member's credit card or chequing/savings account (where payment is to be made by credit card or direct debit payment). This authority shall remain in full force and effect until CSE has debited the full amount of the Member's Package and playoff tickets (if any) purchased, except if the Member is enrolled in the Sens Fan for Life Program, in which case this authority shall remain in full force and effect until the effective date of the Member's election to opt out of the Sens Fan For Life Program as described in section 4 above.
In the event any payments are not provided when due, CSE may: (i) charge interest at a rate of 2% per month (24% per annum) on such amounts not paid when due; and/or (ii) suspend the barcodes for the Member's Package tickets until payment in full is made. CSE reserves the right to resell tickets for future games otherwise reserved for the Member as part of its Package at any time while the Member's tickets are suspended. 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 payment is declined and such non-payment is not remedied within ten (10) business days of the member being so advised by CSE. CSE also reserves the right to charge a processing fee of $20.00 for any declined payment due to insufficient funds, declined credit card, or for any other reason.
Unless otherwise specified in these terms and conditions, all sales of season seat packages under this Agreement are final and non-cancellable by the Members and all deposits and payments are non-refundable.
The Member understands and agrees that CSE is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such billing error, CSE's only responsibility is to correct it if and when CSE receives written notice of the error. 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 CSE 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 Package tickets and/or Membership Benefits at the sole discretion of CSE.
11. DEFAULT. CSE reserves the right, in its sole discretion, to terminate this Agreement, and thereby cancel all of the Member's Package tickets, playoff tickets, and Membership Benefits without compensation to the Member, if: (a) the Member fails to pay when due any amounts due hereunder; (b) the Member otherwise materially breaches the terms of this Agreement; or (c) the Member becomes insolvent, bankrupt or is otherwise unable to pay its debts when due. If CSE terminates this Agreement, CSE will be entitled to retain all payments made by the Member (or by any individual or entity who provided payments on the Member's account) to the date of such termination. Furthermore, if there is a balance outstanding in respect of the Member's account at the time of termination, then the Member shall pay CSE (upon CSE's demand) the amount of such balance or such portion thereof that CSE is unable to recover using commercially reasonable efforts to re-sell the Package tickets for the remainder of the season following such termination. Termination of this Agreement will not affect the Member's obligations under this Agreement for amounts due to CSE or otherwise limit the rights and remedies available to CSE at law or in equity. No failure or delay by CSE in the exercise of any remedy provided for in this Agreement shall be construed to constitute a forfeiture or waiver thereof or of any other right or remedy available to CSE.
A Member that is renewing its Package may be eligible to purchase tickets for playoff games for the current season at a discounted price. If such Member's Package is cancelled by CSE for any reason whatsoever, the Member shall reimburse CSE for the amount of any such playoff discount within 10 days of such cancellation and such sum shall become due and payable immediately and without further notice or formality and without any period of grace whatsoever, as liquidated damages and not as a penalty.
12. REVOCABLE LICENCE AND RESTRICTIONS. The Member acknowledges that each Package ticket and playoff ticket is a limited, revocable licence to attend the game described on the ticket face. As a revocable licence, each ticket may be revoked by CSE, in its sole discretion, at any time and for any reason. Unless expressly authorized by CSE, re-sale or attempted re-sale by the Member of any of its Package tickets or playoff tickets is prohibited. The Member may not sell, give away, donate, sublicense, lease, lend, dispose of in any manner, or otherwise part possession with, any of the Member's tickets in connection with any promotion of merchandise or services of any kind or for any other commercial purposes whatsoever unless prior written consent is obtained from CSE.
13. RELOCATION. CSE reserves the right to relocate the seats in the Member's Package occasionally during the regular season and at any time during the playoffs 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 Package tickets) to seats in a substantially similar or better location within the Arena.
14. GENERAL. The waiver by CSE of strict observance or performance of any term of this Agreement or the Ticket Terms or of any breach of this Agreement on the part of the Member or of any breach of the Ticket Terms on the part of the Member or any individual using any of the Member's Package 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 Ticket Terms or any breach thereof. The invalidity of any provision of this Agreement or the Ticket Terms shall in no way affect the validity of any other provision hereof or thereof. Time shall be of the essence hereof and thereof.
15. GOVERNING LAW. These Terms shall be governed by the laws of the Province of Ontario, without regard to its conflict of laws provisions. Any action or proceeding arising out of or relating to the Agreement must be brought in the courts of the Province of Ontario. The Member knowingly, voluntarily and irrevocably submits to the exclusive jurisdiction of the courts located in Ottawa, Ontario in any such action or proceeding and waives any objection it may now or hereafter have to venue or to convenience of forum.