Updated as of March 2020

AGREEMENT RELATING TO THE PURCHASE OF VANCOUVER WARRIORS TICKET PACKAGES

1. These terms and conditions, together with all ticket order and account information submitted by a Member, constitute a binding legal agreement (“Agreement”) between Aquilini Vancouver Lacrosse 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 Warriors 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.
2. This Agreement supplements the terms and conditions printed on the reverse side of each Ticket (or viewable in the electronic ticket platform, as applicable) (the “Ticket 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 Terms is attached as Schedule A hereto. If any of the terms and conditions of this Agreement conflict with the Ticket 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.
3. 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 or, with respect to an individual Ticket, the Ticket Terms.
4. 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.
5. 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 of Vancouver Warriors 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.
6. 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.
7. 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.
8. 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 box office price of 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.
9. 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.
10. 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.
11. The Member acknowledges and agrees that the Tickets being purchased hereunder are solely for Vancouver Warriors 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 National Lacrosse League (NLL) All Star Game, NLL Draft or other NLL game or event (each an “League Special Game”) held in CSE’s market or hosted by the NLL at the Arena or otherwise in which the Vancouver Warriors participate. The Member acknowledges and agrees that CSE and/or NLL may cancel, postpone, reschedule or relocate games for any reason (e.g., move a regular season game of the Vancouver Warriors 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 and presentations of NLL games and events (“Preemption”) provided that CSE will, where applicable, make the account adjustments contemplated in the section immediately following below. CSE will make every reasonable effort to secure for the Member an opportunity to purchase an equivalent number of tickets for any Vancouver Warriors home game that is relocated to an alternate venue for the purposes of playing a League Special Game.
12. In the event that any Vancouver Warriors game for which Tickets have been sold to the Member is not played or held in the Arena for any reason, including, without limitation, Preemption, 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 shall be to have its Ticket account credited with an amount representing the consideration paid (or payable) for the missed game(s) (such amount to be determined as a pro-ration based on the number of originally scheduled home games). 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, 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 NLL with respect to such game(s) not played at the Arena.
13. 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 Ticket 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.
14. CSE 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 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.
15. 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 the Ticket Terms. 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), 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 Ticket Terms 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.
16. The Member acknowledges and agrees that, subject to the termination rights specified herein, this Agreement is for a one-season term and will expire on June 30 following the NLL season for which the Tickets have been purchased.  Notwithstanding the Member’s enrollment in Automatic Renewal (as described below), 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.
17. CSE hereby disclaims any and all liability for the exercise of its discretion contemplated in this Agreement.
18. 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 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. 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.
19. 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.
20. This Agreement and the Ticket Terms contain the entire agreement of the parties with respect to the subject matter hereof.
21. 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.warriors.nllold.aordev.com/ticket-terms.
22. For clarity, where the Member’s Ticket package is for seats in the Club Section of the Arena (as such section may be named or renamed from time to time), the Member’s Ticket package does not confer upon the Member any right to purchase tickets in connection with any events occurring at the Arena other than the Vancouver Warriors games that are part of the Member’s Ticket package.

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.

1. Payment will only be accepted by way of pre-authorized debit or credit card payment.
2. 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.
3. The Member acknowledges that, with respect to all payments following the initial payment, withdrawals will be initiated on or about the 1st day of the applicable month, but the actual withdrawal date will depend on the Member’s financial institution.
4. 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.
5. 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.
6. 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 which automatically renew a Member’s Ticket package from season to season (“Automatic Renewal”), shall apply to all Members starting with the renewal process for the 2020-21 season.

1. At the same time as CSE, as part of its annual renewal process (typically in April 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/winter 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 by providing notice to CSE by email at membership.info@warriors.nllold.aordev.com at any time. If the opt out email notice is received by CSE 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. If the opt out email notice is received by CSE 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 for the next ensuing season. If the Member opts out of Automatic Renewal as aforesaid, they will cease to be a member as of the effective date of their election to opt out of Automatic Renewal.

ELECTRONIC MESSAGES

1. 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.
2. 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.

AGREEMENT RELATING TO THE PURCHASE OF VANCOUVER WARRIORS FLEX PACKS

1. These terms and conditions, together with all order and account information submitted by a Purchaser (as defined below), constitute a binding legal agreement (“Agreement”) between Aquilini Vancouver Lacrosse Limited Partnership, which collectively with its affiliates conducts business as Canucks Sports & Entertainment (“CSE”) and the Purchaser. By purchasing a Flex Pack, the Purchaser signifies its acceptance of these terms and conditions and its agreement to be bound to this Agreement. For the purposes of this Agreement:

“Flex Pack” means a Flex 10 Pack, Flex 20 Pack or Flex 50 Pack, as applicable.

“Flex 10 Pack” means a Flex Pack with ten (10) Flex Pack Vouchers, and only available to Vancouver Canucks season ticket members.

“Flex 20 Pack” means a Flex Pack with twenty (20) Flex Pack Vouchers.

“Flex 50 Pack” means a Flex Pack with fifty (50) Flex Pack Vouchers.

“Flex Pack Game” means a regular season Vancouver Warriors game at Rogers Arena which CSE makes available from time to time as part of the Flex Pack program, as determined by CSE in its sole discretion based on available inventories.

“Flex Pack Ticket” means an electronic ticket to a Flex Pack Game purchased through redemption of a Flex Pack Voucher in accordance with the terms of this Agreement.

“Flex Pack Voucher” means an electronic voucher which the Purchaser may redeem to purchase a Flex Pack Ticket in accordance with the terms of this Agreement.

“Purchaser” means the individual or entity entered on the records of CSE as being the account holder in respect of the purchase of a Flex Pack.

2. This Agreement supplements the terms and conditions printed on the reverse side of each Flex Pack Ticket (or viewable in the electronic ticket platform, as applicable) (the “Ticket Terms”) which also apply to the Purchaser and each individual using any Flex Pack Ticket from time to time. The current version of the Ticket Terms is attached as Schedule A hereto. If any of the terms and conditions of this Agreement conflict with the Ticket Terms, the terms and conditions of this Agreement shall prevail to the extent of the conflict. Without limiting the generality of the foregoing, the Purchaser acknowledges that each Flex Pack Ticket is a limited, revocable license to attend the Flex Pack Game described on the Flex Pack Ticket.
3. A Flex Pack Voucher may be redeemed via the official Account Manager to purchase a Flex Pack Ticket to a Flex Pack Game in the NLL season in which the Flex Pack was purchased. Notwithstanding the foregoing, a Purchaser may be required to contact a Vancouver Warriors sales representative at 604-899-4625 (select option 3) in order to redeem a Flex Pack Voucher for a Flex Pack Game within the final seventy-two (72) hours prior to the ball drop for such game.
4. A Flex Pack Voucher may be redeemed to purchase a Flex Pack Ticket for a seat in the Centre Field or Club sections of the Rogers Arena bowl. For Flex 50 Packs only, Flex Pack Vouchers may also be redeemed to purchase Flex Pack Tickets for seats in a Level 200 executive suite at Rogers Arena, provided that a minimum of ten (10) Flex Pack Vouchers must be redeemed per suite, and a maximum of twenty (20) Flex Pack Vouchers may be redeemed per suite (six (6) of which shall be for standing room only suite tickets); the Terms and Conditions – Suites and Premium Clubs below shall also apply to the Purchaser’s use of a Rogers Arena suite (including the requirement to pay an incremental $35.00 daily premium to secure insurance coverage as a user under the group policy that CSE has secured for suite purchasers). Specific seat / suite locations will be designated by CSE, based on available inventories. Should there be no Flex Pack Ticket inventory available for a particular Flex Pack Game, the Purchaser must select a different Flex Pack Game.  If a Purchaser’s Flex Pack account has fewer Flex Pack Vouchers than the number of Flex Pack Tickets that the Purchaser desires to purchase for a particular Flex Pack Game, the Purchaser may contact a Vancouver Warriors sales representative at 604-899-4625 (select option 3) who will afford the Purchaser the option to purchase individual tickets to the Flex Pack Game at Vancouver Warriors season ticket member pricing, subject to available inventory.
5. For clarity, a Flex Pack Voucher may not be redeemed to purchase anything other than a Flex Pack Ticket to a Flex Pack Game in the NLL season in which the Flex Pack was purchased. This includes, without limitation: (1) tickets to Vancouver Warriors games that are not played at Rogers Arena; (2) tickets to regular season Vancouver Warriors games at Rogers Arena in seasons after the season in which the Flex Pack was purchased; (3) tickets to Vancouver Warriors games which are not designated as Flex Pack Games; (4) tickets to Vancouver Warriors playoff games at Rogers Arena; (5) tickets to non-Vancouver Warriors events at Rogers Arena (for example, Vancouver Canucks games and concerts); (6) tickets to any other NLL event or game, including, without limitation, any NLL All Star event held in CSE’s market or hosted by the NLL at Rogers Arena or otherwise in which the Vancouver Warriors participate; (7) food and beverage at Rogers Arena; (8) merchandise at Rogers Arena; or (9) parking at Rogers Arena.
6. A Flex Pack Voucher may not be returned, exchanged or substituted for cash or credit, and shall not earn any interest. If the Purchaser does not redeem a Flex Pack Voucher by the last Flex Pack Game during the NLL season in which a Flex Pack was purchased, the Flex Pack Voucher shall be deemed forfeited and will not carry forward to any future season. For clarity, no amount will be refunded to the Purchaser on account of any Flex Pack Voucher purchased but not redeemed.
7. A Purchaser may not convert a Flex Pack to a Flex Pack of lower value (e.g. Flex Pack 50 to Flex Pack 20). A Purchaser may convert a Flex Pack to a Flex Pack of higher value (e.g. Flex Pack 20 to Flex Pack 50), subject to available inventory and payment of the incremental amount associated with the higher value Flex Pack.
8. CSE’s acceptance of payment for a Flex Pack from any individual or entity who is not the Purchaser does not grant any rights to that Flex Pack to such individual or entity, rather such payments are deemed to have been made for and on behalf of the Purchaser. CSE reserves the right to require that any transactions pertaining to a Flex Pack held in a corporate name be supported by evidence of appropriate corporate resolutions or other documents authorizing such transactions.
9. The Purchaser shall not transfer its Flex Pack account or any Flex Pack Voucher to any person or entity by way of sale, gift, transfer by will or trust, property settlement, pledge or any other means.
10. Each Flex Pack Ticket is intended for personal use by the Purchaser and is not intended for commercial resale unless expressly authorized by CSE.
11. In the event that any Flex Pack Game for which a Flex Pack Ticket has been purchased by the Purchaser through redemption of a Flex Pack Voucher is not played or held at Rogers Arena for any reason, 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 the Flex Pack Ticket. In such event, the Purchaser’s sole remedy shall be to have a Flex Pack Voucher added to its Flex Pack account. The Purchaser hereby waives and releases any and all claims it may have against CSE and/or the NLL with respect to such game(s) not played at Rogers Arena.
12. 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 Ticket 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.
13. The Purchaser’s Flex Pack account and Flex Pack Ticket rights remain subject at all times to: (i) the compliance of the Purchaser with the terms and conditions of this Agreement; and (ii) the compliance of the Purchaser and each individual using any Flex Pack Ticket from time to time, with the Ticket Terms. CSE reserves the right, in its sole discretion, to terminate this Agreement (and the Purchaser’s Flex Pack account and Flex Pack Ticket rights) or to temporarily suspend the Purchaser’s Flex Pack account and/or Flex Pack Ticket rights, if CSE (acting reasonably) determines that there has been a breach of this Agreement on the part of the Purchaser or a breach of the Ticket Terms on the part of the Purchaser or any individual using any Flex Pack Ticket that has been purchased by the Purchaser through redemption of a Flex Pack Voucher. If CSE terminates this Agreement as aforesaid, CSE will be entitled (unless CSE, in its sole discretion, notifies the Purchaser otherwise) to retain all payments made by the Purchaser (or any individual or entity who has paid for any Flex Pack on behalf of the Purchaser) to the date of such termination.
14. The Purchaser acknowledges and agrees that, subject to the termination rights specified herein, this Agreement is for a one-season term and will expire on the day following the last Flex Pack Game during the NLL season in which a Flex Pack was purchased. The purchase of a Flex Pack for any season does not entitle the Purchaser to renew or purchase a Flex Pack for any subsequent season. Neither party has the right or obligation to renew this Agreement.
15. CSE hereby disclaims any and all liability for the exercise of its discretion contemplated in this Agreement.
16. 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 Purchaser or of any breach of the Ticket Terms on the part of the Purchaser or any individual using any Flex Pack Ticket 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. 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 Flex Pack purchaser or of any breach of such agreement on the part of such other purchaser 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 Purchaser.
17. 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.
18. This Agreement and the Ticket Terms (and the Terms and Conditions – Suites and Premium Clubs, if applicable) contain the entire agreement of the parties with respect to the subject matter hereof.
19. From time to time, CSE may amend this Agreement upon notice to the Purchaser. CSE will maintain an updated copy of these terms and conditions at www.warriors.nllold.aordev.com/ticket-terms.

ELECTRONIC MESSAGES

1. From time to time, CSE will send the Purchaser electronic messages with information pertaining to its Flex Pack account (including messages with information related to the proper administration of the Flex Pack account).
2. CSE may send the Purchaser other types of electronic messages, such as offers of goods (including tickets) and services of CSE or its partners, provided CSE has the Purchaser’s consent to do so in accordance with applicable law.

TERMS AND CONDITIONS – SUITES AND PREMIUM CLUBS

1. 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 (collectively, “VALP”), 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 VALP (collectively, the “Premium Area”) and the number of tickets to the Premium Area as designated by VALP (“Premium Area Tickets”) in connection with the game(s) and/or other event(s) as designated by VALP (collectively, the “Event”).
2. 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 Ticket 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); any other rules, regulations or requirements of which notice is given by VALP from time to time; and, unless otherwise expressly in writing permitted by VALP, you shall not make any additions or alterations to the interior or exterior of the Premium Area or to the furniture, fixtures or equipment in the Premium Area.
3. 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 VALP’s request.
4. Food and Beverage.

1. 1. Suites only: VALP 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 VALP or such third party as VALP 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 VALP or its appointed concessionaire(s) may be consumed in the suite.  You further acknowledge and agree that goods or services delivered to the suite may not be sold or resold at a price greater than the price charged to you by VALP or by its concessionaire(s).  You agree that alcoholic beverages may not be resold at all.
   2. 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.

5. Notices of Deficiencies. You agree to give VALP 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 VALP’s Premium Client Services department.
6. Late Payment. Any payment due from you to VALP, or to VALPs concessionaire, that is not received on or before the due date for such payment shall bear interest at the rate of 1.5% per month compounding monthly until received. Payment of such interest will be without prejudice to any other rights or remedies VALP or its concessionaire may have at law or in equity against you.  VALP 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.
7. Ejection. VALP 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 VALP’s reasonable opinion, conducting himself / herself in an objectionable manner.
8. Release. You agree to and hereby do release VALP 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 VALP accepts no responsibility for such property; you and your guests are responsible for you/their personal property and should take care to ensure its safety and security); or (c) any injury to 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 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.
9. 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 Hospitality 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.
10. Assignment. You will not share, assign, sublicence or otherwise transfer any right or privilege granted pursuant to this Agreement, or the Agreement itself, without VALP’s prior written consent (which may not be unreasonably withheld). Any such purported assignment without VALP’s prior written consent shall be void and of no force and effect.
11. 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 VALP or any of its affiliates, without VALP’s prior written consent (which may be withheld in VALP’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.
12. 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.
13. Additional Terms and Conditions for Suites Only.

1. 1. It shall be mandatory for you to pay the daily premium of $35.00 to secure insurance coverage as a user under the group policy that VALP has secured for purchasers of the right to use and occupy suite(s) at Rogers Arena.
   2. Right of Entry. VALP shall have the continued right to enter the suite at any and all times: to perform the duties required to be performed by VALP 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.
   3. You and your guests shall not attach, hang or display any signs, banners, advertisements or notices in or around the Premium Area without the prior written consent of VALP.
   4. 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.
   5. You must not permit strangers in the suite.

14. 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. Any amendment to this Agreement must be in writing and agreed to by both parties.  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

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. 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 box office price of 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 Conditions of Admittance and Code of Conduct of Rogers Arena (which are posted at various Arena locations and may also be reviewed at rogersarena.com/fan-services/fan-standards). 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, 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. 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.