Terms of Use

Last Updated: August 02, 2022

The following are the terms of use (“Terms”) that govern your use of the Account Manager website (the “Site”), which features advanced ticketing transaction technologies and services (collectively referred to as “Advanced Services”). Some of the Advanced Services are provided by Toronto Argonauts, and some of the Advanced Services are provided by Ticketmaster (“us” or “we”). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. These Terms shall constitute a valid, binding and enforceable legal agreement among you, Toronto Argonauts and us. There shall be no oral or implied agreement between you and us, you and Toronto Argonauts, or you, us and Toronto Argonauts, that shall be binding or enforceable. By visiting or using the Site, you expressly agree to these Terms, as may be updated from time to time.

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Ticketmaster, Live Nation, Event Providers, and their affiliated companies relating to such risks.

Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

Purchase Policy

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change. See the Limitation of Liability section in the Terms of Use for additional limits on our liability.

You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness (including exposure to COVID-19, a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), whether occurring before, during, or after the event, however caused or contracted, and hereby waives all claims and potential claims against Ticketmaster, Live Nation, and Event Providers relating to such risks.

Account Registration

You will be required to register for an account to use the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  • Restrict or inhibit any other person from using the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
  • Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
  • Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Engage in spamming or flooding;
  • Harvest or collect information about Site users;

Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by us, Toronto Argonauts or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Site and its Content as permitted by these Terms only if, as a condition precedent, you agree that you will not:

  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
  • Link to any portion of the Site other than the URL assigned to the home page of the Site;
  • “Frame” or “mirror” any part of the Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
  • Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
  • Reproduce or scan tickets in a format or medium different from that provided by the Site;
  • Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
  • You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site;
  • Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us, Toronto Argonauts or our licensors. You may not use our or Toronto Argonauts trademarks, logos and service marks in any way without our prior written permission.

Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Access from Outside Canada

The Site is directed to people residing in Canada. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside Canada, you do so at your own risk.

Purchasing Tickets

The Advanced Services offer you the ability to purchase tickets from individuals and businesses that hold tickets purchased from Toronto Argonauts. These individuals and businesses are the sellers of the tickets, not us or Toronto Argonauts. Although we or Toronto Argonauts may process your payment, or may be the name that you see on your credit card statement, neither we nor Toronto Argonauts is the seller of the ticket. When you purchase a ticket from a third party via the Advanced Services, the original ticket will automatically be cancelled and invalidated, your credit card will be charged the ticket price and all applicable fees, and you will be issued a new ticket. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by Toronto Argonauts.

Toronto Argonauts may require you to pay a fee, to be a season ticket holder, to be on the waiting list to be a season ticket holder or to comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. We and Toronto Argonauts make no warranty or guarantee about the quantity or quality of tickets that will be available for purchase if you pay such a fee, are a season ticket holder, are on the waiting list to be a season ticket holder or comply with registration or other requirements. Please see Toronto Argonauts website for further restrictions.

Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Seat views displayed on the Site may not be an exact representation.

Opening acts or guests may sometimes tour with headlining performers. We are not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be canceled, and we may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket price paid and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

Toronto Argonauts reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Toronto Argonauts rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.

You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

We are not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances unless those items are specifically included as part of a package. We are not responsible for any delay causing you to arrive late or miss your event for any reason. If our actions result in you missing your event, we will not be liable for more than your total purchase price. We are not responsible for the conditions or the actions of the crowd at any event or for any changes made at the venue including without limitation seating arrangements, stage set-up or venue conditions.

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states, provinces or territories and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws.

Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.

Posting Tickets for Sale

If you use the Advanced Services to sell a ticket, you will be the ticket’s seller, not us or Toronto Argonauts. We and Toronto Argonauts are only providing certain services that will facilitate your sale. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states, provinces or territories and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws, rules and regulations when listing your tickets on any resale platform owned or controlled by us.

Before posting a ticket for sale via the Advanced Services, please consult the website through which you will be posting your ticket for sale, which detail the prices at which you may post tickets for sale via the Advanced Services, the amounts that will be deducted, retained or charged from or over the sale price, the amounts that will be credited or remitted to you, the method by which you will receive such credit or remission and other terms applicable to the posting, sale and funds collection, retention, deduction and payment or crediting processes. Once a ticket has been ordered by a potential purchaser, you will not be able to modify or cancel your posting of that ticket, or to stop that ticket’s sale, even though title to that ticket may not pass to the purchaser until a later time. We or Toronto Argonauts will collect funds from the purchaser, and Toronto Argonauts will transmit to you a credit or payment as described elsewhere in these Terms.

By posting a ticket using the Advanced Services, you authorize us and Toronto Argonauts, upon purchase of the ticket by another person through the Advanced Services, to cancel and invalidate your right to use or convey the ticket, and you acknowledge that the posted ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who acquires that ticket via the Advanced Services (or any person lawfully receiving the ticket from such acquirer). Toronto Argonauts will be responsible for all payments and credits to you, you will solely hold Toronto Argonauts responsible for such payment or credit and neither we nor any other person or organization will be liable therefor.

Please note that not all members of the public may be able to purchase, or view listings for, tickets that you post for sale, as Toronto Argonauts may require potential purchasers to pay a fee, be a season ticket holder, be on the waiting list to be a season ticket holder or comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status.

You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is posted for sale via the Advanced Services, (b) any sold, forwarded or otherwise cancelled or invalidated tickets, or (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another.

If an event for which you sell a ticket via the Advanced Services is cancelled, then you will be obligated to return, within five days of notice by Toronto Argonauts, the difference between the amount of payments you collected in connection with such sale and the amount of money that Toronto Argonauts would have refunded to you had you still been the holder of (i.e., as if you had not yet sold) such ticket when the event was cancelled. In such a case, if you did not receive a payment from Toronto Argonauts but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that Toronto Argonauts would have refunded to you had you still been the holder of such ticket when the event was cancelled. If an event for which you sell a ticket via the Advanced Services is postponed and the purchaser of such ticket is given a refund of the amount that that purchaser has paid, then you will be obligated to return, within five days of notice by Toronto Argonauts, all of the payments you collected in connection with such sale, but Toronto Argonauts will return the ticket to you that you sold so that you can then use it to attend the event. In such a case, if you did not receive a payment from Toronto Argonauts but instead received a credit, then the credit will be entirely reversed (so that you will no longer have a credit), but Toronto Argonauts will return the ticket to you that you sold so that you can then use it to attend the event. Any failure by you to pay any amounts owed under this paragraph within such five days will constitute a material breach of these Terms.

The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket.

The following applies only to resale tickets to New York events: If you purchase a resale ticket to an event located in New York, you will receive a refund of the amount you paid for that resale ticket if: (a) the ticketed event is canceled (in which case you will not receive a refund of any order processing and delivery fees); (b) that ticket does not allow you to enter the ticketed event, unless the ticket is canceled due to an act or omission by you; or (c) that ticket fails to conform to its listing description unless you have pre-approved a substitution of tickets.

Sold Tickets

Before we can pay you, we will need to collect your taxpayer information in accordance with applicable laws. Ticketmaster is generally required to file a Form 1099-K report with the IRS if the gross amount of your transactions on our marketplaces is $600 or more in a calendar year. Ticketmaster will generally provide you a copy of the Form 1099-K by January 31 of the following year. Many states may also require Ticketmaster to report when you have made at least $600 in transactions on our marketplaces, although some states may require reporting based on different thresholds. When required, Ticketmaster will generally provide you a copy of any state forms. For more information, please go to our FAQ page 1099-K Form: Answer to Some Common Questions.

Other Purchases and Services

You may be able to access Advanced Services to:

  • purchase or renew season tickets
  • register for season ticket waiting lists
  • purchase rights of refusal for post season event tickets
  • purchase additional suite seats
  • purchase parking
  • purchase ticket packages or single event tickets
  • pay ticket or waiting list deposits
  • engage in other activities

If you elect to engage in any such transaction, then additional terms may apply. Please consult Toronto Argonauts for additional terms and requirements.

Group Tickets

Toronto Argonauts may allow a designated person (“Group Manager”) to distribute group tickets. If you are in the group ticket distribution, the Group Manager will send you an email to retrieve print-at-home tickets. You will be responsible for printing out and using your tickets. Either you or the Group Manager will be responsible for paying for the tickets, as applicable. If the Group Manager pays for a ticket, then the Group Manager may cancel ticket distribution at any time, even after you have already retrieved your ticket, in which case you will not be able to use it to attend the event. If you are responsible for paying for a ticket, then the Group Manager may only cancel ticket distribution before you pay for the ticket; once you pay for a ticket the Group Manager will not be able to cancel it. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by Toronto Argonauts.

Season Ticket Forwarding

The Advanced Services may permit you to forward your season tickets to another person. You can send an email invitation with a link to transfer your tickets and if the recipient accepts your offer, the tickets will be placed into the recipient’s Ticketmaster account. Once the recipient accepts your offer, you will not be able to cancel the tickets.

Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by us or Toronto Argonauts. You may be required to provide your credit card number and other information in order to pay such fees, which will be processed or collected by us or Toronto Argonauts. Such fees are not refundable under any circumstances.

If Toronto Argonauts offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on Toronto Argonauts website. You should not assume that you will receive a tax deduction for forwarding tickets to a charity or any documents that can be used to support a tax deduction.

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms.

You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. If you violate these Terms, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, each an “Activity”), or season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and we may exercise any other remedy available to us.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR Toronto Argonauts, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

Indemnification

If anyone brings a claim against us related to your use of the Site or the content, or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, Toronto Argonauts, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You may assert claims in small claims court if your claims apply;
  • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a court located within Toronto, Ontario, and we both consent to the jurisdiction of that court for such purposes; and
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us may be commenced only in a court located within Ontario, Toronto, and we both consent to the jurisdiction of that court for such purposes.

The arbitration agreement in these Terms is governed by the Canada Commercial Arbitration Act (CAA), including its procedural provisions, in all respects. This means that the CAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 123 Front Street West, Suite 1100, Toronto, ON M5J 2M2, Attn: Legal. You may download the forms located at https://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at https://www.jamsadr.com or by calling (416) 861-1084. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

You agree that these Terms will be governed by and construed in accordance with Ontario law to the fullest extent possible. However, if your dispute is regarding the re-sale of a ticket for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. If you have an inquiry regarding a ticket re-sale transaction made for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450 or ticketexchange@ticketmaster.com.

Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:

Live Nation Entertainment, Inc.
123 Front Street West, Suite 1100
Toronto, ON M5J 2M2
+1 (855) 985-4357

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Toronto Argonauts Season Ticket Membership 


The Toronto Argonauts (the “Team”) are proud to offer the following Team season ticket membership for the football season from January1st to December 31st of the calendar year (the “Season”). By completing this form and tendering payment or accepting a ticket for a Season, you are enrolling in a Team season ticket membership (“Membership”) and are agreeing to the following terms and conditions (the “Terms and Conditions”):


  1. MEMBERSHIP TERMS.

Membership includes the following:

Description

Charges

Six (6) regular Season Team home games played at the Stadium, one (1) regular Season Team home game played Hamilton Stadium, and, if applicable, one (1) Post-season Team home game played at the Stadium.

Included in Membership base cost.

Additional Features and Benefits

  • Members also enjoy the following benefits:
  • Multiple payment plan options (semi annual/annual/monthly) 
  • Automatic renewal at the lowest package price for subsequent Seasons
  • Access to season ticket member appreciation exclusive perks as outlined on www.members.argonauts.ca/


Included in Membership base cost.

B.    GENERAL TERMS AND CONDITIONS.

  1. For the purposes of these Terms and Conditions, “Member” means the individual or entity entered on the records of Argonauts Holdings Limited Partnership (“AHLP”) as being the account holder in respect of the purchase of a package of tickets to Team home games (the “Tickets”) played at the stadium currently known as BMO Field (the “Stadium”) and the stadium currently known as Hamilton Stadium. 


  1. The Member acknowledges and agrees that notwithstanding anything to the contrary in these Terms and Conditions, the opportunity to renew this membership is a personal privilege granted by AHLP which may be withdrawn by AHLP at any time and that neither party has the right or obligation to renew a Season seat membership.


  1. These Terms and Conditions supplement the terms and conditions printed on the reverse side of each Ticket (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 these Terms and Conditions conflict with the Ticket Terms, these Terms and Conditions shall prevail to the extent of the conflict. 


  1. 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 may be revoked at any time (including before or after AHLP delivers the Ticket) for any reason (including, without limitation, Pre-emption (as defined below)) by AHLP, and, upon such revocation, AHLP shall refund the holder of the Tickets in the amount of the stated face value of the unused Tickets, less the portion of any discount allocable to such Tickets as a result of the Tickets having been purchased as part of a Member ticket package. AHLP shall have no liability in connection with the revocation of a Ticket other than the aforementioned refund. AHLP’s right to revoke described in this Section is in addition to any other right of AHLP to terminate set forth in these Terms and Conditions or otherwise.  


  1. The Member acknowledges and agrees that the Tickets being purchased hereunder are solely for regular season and, if applicable, one playoff game (date to be determined) Team games played at the Stadium or Hamilton Stadium, and for the avoidance of doubt, shall not include tickets, to any other event or game, including, but not limited to, any preseason game, neutral site game, or other Canadian Football League (“CFL”) event (each a “League Special Event”) held in the Team’s market or hosted by the CFL at an Stadium or otherwise in which the Team participates. Notwithstanding the foregoing, AHLP will make reasonable efforts to secure for 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 Event.


  1. The Member acknowledges and agrees that the Team and/or CFL 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 to modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentations of CFL games and events (“Pre-emption”). 


  1. Any Team game or event, for which Tickets have been sold to the Member, that is not played or presented in the Stadium for any reason, including, but not limited to, Pre-emption, shall in no way be deemed, argued or construed to be a breach by AHLP 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 shall have their Membership account credited with an amount representing the amount of the stated face value of the Tickets for such game(s), less the portion of any discount allocable to such Tickets as a result of the Tickets having been purchased as part of a Member Ticket package. Unless other arrangements are agreed between AHLP and the Member, the credited funds shall, where applicable, be held by AHLP 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 AHLP ticket products, if requested. No interest or rebate will accrue on the amount of the credit at any time, unless AHLP determines otherwise in its sole discretion. The Member hereby waives and releases any and all claims it may have against AHLP and/or the CFL with respect to such game(s) not played at the Stadium.


  1. AHLP reserves the right to relocate the seats in the Member’s Ticket package during the regular season and at any time during the playoffs due to broadcast requirements, CFL rules, Stadium renovations, and/or Stadium security or health and safety requirements. If such a relocation is required, AHLP 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 Stadium.


  1. The Member’s Ticket rights and such other privileges as may be extended by AHLP from time to time (the “Membership Privileges”) remain subject at all times to the compliance of the Member: (i) with these Terms and Conditions; (ii) with Stadium policies (including but not limited to security polices, health and safety polices, the Stadium Code of Conduct (attached hereto as Schedule B hereto) and Stadium Bag Policy (incluidng the BMO Field Policy available at https://www.bmofield.com/plan-your-visit/bag-policy/)); (iii) with applicable laws; and (iv) the Ticket Terms. AHLP reserves the right, in its sole discretion, to terminate the Membership (including 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 Membership, if: (a) AHLP (acting reasonably) determines that there has been a breach of these Terms and Conditions 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; (b) Member becomes insolvent, bankrupt or is otherwise unable to pay its debts when due; (c) a receiver, trustee or officer of similar authority is appointed for all or party of Member’s affairs in relation to the Member’s insolvency; or (d) Member is wound up. If AHLP terminates the Membership, AHLP will be entitled (unless AHLP, 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 membership account at the time of such termination, then the Member shall pay AHLP (upon AHLP’s demand) the amount of such balance or such portion thereof as AHLP is unable to recover using commercially reasonable efforts to re-sell the Tickets for the remainder of the Season following such termination. 


  1. 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. 


  1. Member shall be responsible for ensuring that any person using its Membership tickets (regardless of whether that person is the initial transferee or a subsequent transferee, each a “Ticket User”) complies with all Terms and Conditions and the Member will be responsible for all acts and omissions of each Ticket User as if such act or omission was that of the Member. 


  1. The Member, both for the Member and for any Ticket user, grants permission to AHLP, the participating CFL clubs and the CFL, to utilize the Member or Ticket user’s image or likeness incidental to any live or recorded video display or other transmission or reproduction in whole or in part of the event to which the Member or Ticket user is admitted, and further authorizes the use of the Member or Ticket user’s image or likeness in connection with the promotion of the Team, MLSE, the CFL and/or the sport of football. 


  1. The Member and each Ticket user is admitted to Team games on the condition that the Member agrees that the Member or Ticket user will not record or transmit or aid in recording or transmitting any description, account, picture or reproduction of the event to which the Member or Ticket user is admitted. 


  1. From time to time, AHLP may amend these Terms and Conditions upon notice to the Member (“Amendments”). AHLP will maintain an updated copy of these Terms and Conditions at https://www.argonauts.ca/terms. If Amendments are to take effect upon commencement of a subsequent Season, Members will be notified of any such Amendments prior to the renewal date for the Membership.   If Amendments are to take effect during the current Season and, in the discretion of AHLP, are reasonably necessary to address safety, security or emergency situations, Members will be informed of any such Amendments upon the Amendments taking effect. In such case, the Member will not be entitled to any refund of any payments made prior to the Amendments if the Member subsequently chooses to cancel the Membership as a result of the Amendments. If Amendments are to take effect during the current Season and materially reduce or restrict any benefits to Members or impose any additional material obligations, as determined by AHLP, and are not implemented by AHLP to address safety, security or emergency situations, Members will be informed of any such Amendments thirty (30) days prior to the Amendments taking effect (the “30 Day Notice Period”). In this instance, Members will be entitled to cancel their Memberships by providing written notice to AHLP during the 30 Day Notice Period, in which case such a Member will be entitled to reasonable compensation corresponding to the proportionate loss of any Membership benefits for the remainder of the Season, as determined in AHLP’s sole discretion. 


  1. AHLP reserves the right to: (i) modify Membership pricing for future Seasons; and (ii) terminate a Membership without cause on providing Member with 30 days advance notice. 


  1. THE MEMBER, BOTH FOR THE MEMBER AND FOR EACH TICKET USER, (i) VOLUNTARILY ASSUMES ALL RISKS AND DANGERS arising from or related in any way to attendance at the event in respect of which a Ticket has been issued, whether occurring prior to, during or after such an event, including but not limited to the risk of lost, stolen or damaged property and the risk of personal injury or death, including all risk of injury or death resulting from the negligence or misconduct of other spectators, and (ii) AGREES THAT AHLP, MAPLE LEAF SPORTS & ENTERTAINMENT PARTNERSHIP, THE CFL, THE CITY OF TORONTO, THE BOARD OF GOVERNORS OF EXHIBITION PLACE, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES, AND EACH OF SUCH ENTITIES' RESPECTIVE EMPLOYEES, VOLUNTEERS, PLAYERS, OFFICERS, DIRECTORS, PARTNERS, OWNERS, SPONSORS, CONTRACTORS AND OTHER AGENTS (THE “ARGOS PARTIES”), SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE OR INJURY SUFFERED BY THE MEMBER OR A TICKET USER ARISING FROM OR RELATED IN ANY WAY TO ATTENDANCE AT THE EVENT IN RESPECT OF WHICH A TICKET HAS BEEN ISSUED, WHETHER OCCURRING PRIOR TO, DURING OR AFTER SUCH AN EVENT AND EXPRESSLY RELEASES THE ARGOS PARTIES FROM THE SAME. 


  1. AHLP 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 AHLP.  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. 


  1. 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, AHLP reserve the right, in AHLP’s sole discretion, to revoke the Membership related to such ticket.


  1. AHLP’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 AHLP’s records.   AHLP 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.


  1. COVID-19


  1. 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 may be implemented from time to time by AHLP and/or Maple Leaf Sports & Entertainment Partnership (collectively, the “Team Entities”) and/or third parties (including, but not limited to, Federal, Provincial and municipal governmental agencies) (collectively, the “Stadium 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 Stadium, 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, any of the ARGOS Parties, 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.


  1. Release, Waiver of Liability, and Covenant Not to Sue.  (A)  on behalf of THE MEMBER and each of THEIR Related Persons, MEMBER hereby KNOWINGLY, voluntarily, irrevocably, AND FOREVER releaseS, waiveS, and dischargeS (and covenantS not to sue), each and all of the ARGOS Parties 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 any of the ARGOS Parties as a result of or that relate in any way to (i) member’s exposure to COVID-19; (ii) mEMBERS travel to and from, ENTRY INTO, OR presence within, the STADIUM or compliance with THE Stadium Protocols or any other policies or protocols applicable to the stadium; (iii) ANY INTERACTION BETWEEN MEMBER AND ANY PERSONNEL OF ANY OF THE ARGOS PARTIES PRESENT AT the STADIUM (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 19.A, in each case whether caused by any action, inaction, or negligence of any ARGOS Party or otherwise.


  1. Member acknowledges that due to Federal, Provincial or municipal rules, AHLP 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 AHLP is subject to Fan Restrictions, that AHLP may in its sole discretion determine seating allocations within the Stadium for Team home games at the Stadium, 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).


  1. Accessible Seating Confirmation and Transfer.  Members with accessible seating tickets will be asked at the time of Membership renewal each Season to confirm that they continue to require accessible seating.  If a Member with accessible seating tickets no longer requires accessible seating, such Member will be permitted to select new non-accessible seating seat location(s) from the then available inventory. Members with an accessible seating ticket Membership may only transfer their Membership to another individual who confirms a requirement for accessible seating.


C.           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 AHLP for each 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. Member understands that by selecting a Membership, AHLP is given authorization to bill Member for its Tickets in accordance with the payment plan that the Member selects. For all Member Tickets payments, this payment authorization shall remain in effect for so long as Member’s Membership account remains in good standing with AHLP. Member hereby represents and warrants that it has the authority to approve charges in accordance with the listed payment information for the purpose of paying for the Tickets. Member understands and agrees that AHLP is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, AHLP’s only responsibility is to correct it if and when AHLP receives notice of the error.   All deposits and/or payments made are non-refundable. Member understands that they are solely responsibility for ensuring that Member payment information is current and to notify AHLP of any deficiencies such that they may be remedied, and that Member’s failure to do so within the specified timeframe may result in a suspension or loss of Tickets and/or Membership Privileges. AHLP 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 or event. 


  1. Payment Plan Options. Subject to Section C.8. below, Member will have the option of three payment plans:


  1. Annual Plan: This plan allows the Member to pay 100% of the cost of their Tickets on or before the First Payment Date, as set out in the Notice (defined below) for the following Season. This payment may be made using Visa, MasterCard, or American Express (each a “Credit Card”), Visa debit, Mastercard debit or electronic funds transfer.


  1. 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.


  1. 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, AHLP reserve the right to make modifications to the payment plan options (e.g., modify the number of payments) as may be required to align with scheduling changes to a Season.  In such event, AHLP shall notify the Member of any such changes and the Member shall have thirty (30) days to select a payment plan from those made available by AHLP for the affected Season.  


A Member must select one of the available payment plans.  


  1. If the Member wishes to select a different payment plan at the start of a subsequent Season, the Member may do so by informing their account representative 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 AHLP. 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.


  1. Failure to Make Payments. If a Member who is enrolled in the Annual Plan or Semi-Annual Plan misses a payment, and the payment remains outstanding for ten (10) or more business days, AHLP may suspend or terminate the Member’s account. If a Member who is enrolled in the Monthly Payment Plan fails to make a scheduled payment three (3) times in a Season, AHLP may suspend or terminate the Member’s account. If a Member on an AHLP approved alternate payment plan misses a scheduled payment, and the payment remains outstanding for ten (10) business days, AHLP may suspend or terminate the Member’s account. If the Member account is terminated, AHLP reserves the right to resell Tickets for future games. If AHLP terminates the Member’s account, AHLP will provide written notice to the Member. If a Member’s Credit Card on file is declined for a given payment for any reason, AHLP will re-run the Credit Card 24 hours later, and again 48 hours after the payment was initially declined. AHLP 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.


  1. Automatic Payment Program. In connection with Member’s purchase of the Tickets for the upcoming Season, Member is subject to an automatic payment program (the “Payment Program”). Through the Payment Program, so long as Member’s account remains in good standing with AHLP, Member will have its Tickets automatically renewed for the upcoming Season on the relevant First Payment Date, until such time as (a) Member chooses to cancel its Membership, or (b) AHLP gives notice of termination or non-renewal of the Member’s Membership. 


Members who purchase a Membership expressly authorize the initial and continued payment in accordance with their selected payment plan for the current Season and for each subsequent Season, until such time as they choose to change their then current payment plan, not renew their Membership, or their Membership is terminated or not renewed by AHLP.


  1. Membership Deposit.  AHLP may, in its sole discretion, require in advance of a Season the payment by the Member of a membership deposit (“Deposit”).  If so required, AHLP 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 AHLP. AHLP 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 AHLP terminates or suspends the Member’s account, AHLP will provide written notice to the Member. Following payment of the Deposit, AHLP 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 AHLP, 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 AHLP to select a preferred method of payment and/or payment plan.


  1. Notice.  AHLP may provide each Member with notice at least thirty (30) days in advance of each upcoming Membership renewal date (“Notice”). The Notice shall include: (i) the relevant renewal date (the “First Payment Date”); (ii) new Tickets pricing; (iii) any material changes to these Terms and Conditions; and (iv) method for Member to indicate its desire not to renew its Membership. 


  1. Change Payment Plan Option.  If Member wishes to select a different payment plan for a subsequent Season, Member may do so by informing Argos Membership Team prior to First Payment Date of such subsequent Season; provided that no change in a payment plan will be effective until it is confirmed in writing by AHLP.


  1. Cancel. Members may cancel their Membership at any time during a Season for any reason with 30 days’ notice by completing a form supplied by AHLP.  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.


  1. Pro-Rated Membership Dues.  Memberships purchased on a date after the first regular Season home game has been played in the then current Season may be eligible for reduced Membership dues for such Season. Please contact AHLP for further details regarding pro-rated Membership dues.  


  1. Purchasing Membership after First Payment Date. Individuals or entities that purchase a Membership for an upcoming Season after the First Payment Date of a current Season or that purchase their Membership for a current Season while it is ongoing (“Late Purchasers”) will not have access to the payment plans set out in Section 2 for the first Season of their Membership. Instead, Late Purchasers will have access to the following three payment plans:


  1. Lump Sum. This plan allows Late Purchasers to pay 100% of the cost of their Membership at the time of purchase. This payment may be made using a Credit Card, Visa debit, Mastercard debit or electronic funds transfer. 


  1. Two Installments. This plan allows Late Purchasers to pay, if purchasing their Membership for a Season prior to April 30th of that Season, for their Membership in two equal installments. The first installment will be due at the time of Membership purchase and the second will be due on May 1st of the current Season. These payments may be made using a Credit Card, Visa debit, Mastercard debit or electronic funds transfer. 


  1. Monthly Installments. This plan allows Late Purchasers to pay, if paid using a Credit Card only, for their Membership in equal monthly installments starting on the date of purchase and concluding on a date to be stipulated by AHLP. Monthly installments are due on the dates set out in Section 2(c). Late Purchasers will pay a lump sum to catch up to the current payment plan period before continuing with equal monthly installments.

Late Purchasers may select a different payment plan for subsequent Seasons subject to the conditions set out in the above Section 5.


D.           MOBILE TICKETING


All tickets will be issued in the form of “mobile tickets” which can be displayed on a mobile device using (i) the Argos app, (ii) Argonauts 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 AHLP.


 


SCHEDULE A


Toronto Argonauts Ticket TERMS


NO REFUNDS OR EXCHANGES.


NOTICE: By using this ticket, you, on behalf of yourself and any minor accompanying you (individually and collectively, “Ticketholder(s)”), agree to all of the terms hereof and the waiver to be found at https://www.argonauts.ca/waiver-release/ (collectively, the “Terms”); and by using this ticket to enter the stadium (“Stadium”), Ticketholder(s) are deemed to have read the Terms and agreed to be bound by them. This ticket is a revocable licence and the Stadium owner/operator, Toronto Argonauts, Maple Leaf Sports & Entertainment Partnership (“MLSE”), Argonauts Holdings Limited Partnership (“AHLP”), and Canadian Football League (“CFL”) (collectively, “Management”), reserve the right, without the refund of any portion of the ticket purchase price, to refuse admission to or eject any person: whose conduct is deemed by Management to violate any Management code of conduct (posted in or about the Stadium or online); whose conduct fails to comply with any applicable rules, laws, or these Terms; or whose conduct is deemed to be disorderly. You agree to comply with all Stadium health and safety rules, including but not limited to those intended to prevent and/or control the spread of communicable diseases through personal precautions, social distancing measures, and/or contact tracing. Inappropriate behaviour and/or abusive language may result in ejection (without refund), arrest, forfeiture of season ticket privileges, and other legal action. Refund to Ticketholder(s) of the face value of the ticket (as determined by Management) shall automatically terminate Ticketholder’s rights hereunder. The Ticketholder(s) voluntarily assumes all risks of property loss and personal injury incident to the Event (as defined below), including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), the risk of physical injury or death, however caused, whether by players, other people, or objects such as balls entering the spectator area, or otherwise, and the risks of lost, stolen, or damaged property. Ticketholder(s) hereby waives all claims and potential claims relating to such risks, hazards, and dangers. Ticketholder(s) and their belongings will be subject to search upon entering the Stadium, and prohibited items may be confiscated. The Ticketholder(s), by entering the search area at the Stadium entrance, consents to such searches, and, by tendering this ticket for entry, waives any claims against Management, other participating clubs, and their respective employees, affiliates, and agents related to or arising from such searches. Failure to consent to such searches will result in denial of entry into the Stadium. This ticket’s barcode only allows one entry per scan and cannot be used for re-entry once initially scanned. This ticket cannot be replaced if lost, stolen, or destroyed, and is valid only for the seat and event for which it is issued (the “Event”). This ticket is not redeemable for cash. Unlawful resale or unlawful attempted resale of this ticket is grounds for seizure or cancellation without refund or compensation. This ticket may not be used for advertising, promotional (including contests and sweepstakes), or other trade purposes, without the express written consent of AHLP. Tickets obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so, are void. This ticket may not be duplicated. If duplicate copies of this ticket appear, the Stadium, MLSE, and/or AHLP reserve the right to refuse entry to all such Ticketholder(s). Dates and times of the Event are subject to change. If the Event is cancelled or rescheduled, except as provided by law, Management shall not issue a refund; provided you are given the right, within twelve (12) months of the Event, to attend a rescheduled performance of the same event or to exchange this ticket for a ticket comparable in price and location to another similar event as designated by Management. Purchase of season tickets does not entitle Ticketholder(s) to renewal in a subsequent year. If the Ticketholder(s) is ejected from a game, the Ticketholder(s) will not receive any refund of the ticket value. IN NO EVENT SHALL THE CLUB, MLSE, OR CFL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE VALUE OF THE TICKET. ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, A TICKET SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. TICKETHOLDER(S), THE CLUB, AND MLSE AGREE THAT ALL TICKET DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. THIS CLAUSE IS GOVERNED BY THE ARBITRATION ACT OF THE PROVINCE OF ONTARIO.


You agree not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling) in any media now or hereafter existing, any description, account, picture, video, audio, or other form of reproduction of the Event or any Event-related activities. You grant permission to Management (including their respective affiliates, employees, officers, directors, members, partners, owners, sponsors, agents, licensees, advertisers, independent contractors, or representatives) to utilize your image, voice, likeness, actions, and statements, in perpetuity, in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization from or compensation to you, and you waive all claims and potential claims relating to such use unless prohibited by law. 


WARNING! OBJECTS AND PEOPLE MAY ENTER THE SPECTATOR AREA. SERIOUS INJURY CAN OCCUR (INCLUDING DEATH). STAY ALERT AT ALL TIMES INCLUDING DURING WARM-UP, DURING PLAY, AND AFTER PLAY STOPS. IF STRUCK OR INJURED, IMMEDIATELY CONTACT AN USHER. BY ATTENDING THE EVENT, YOU VOLUNTARILY ASSUME ALL RISKS AND DANGER OF PERSONAL INJURY AND ALL OTHER HAZARDS ARISING FROM OR RELATING IN ANY WAY TO THE EVENT, WHETHER OCCURRING PRIOR TO, DURING, OR AFTER THE EVENT INCLUDING, SPECIFICALLY (BUT NOT EXCLUSIVELY), THE DANGER OF BEING INJURED BY BALLS, PLAYERS, AND OTHER PEOPLE/OBJECTS, AS WELL AS THE RISK OF CONTRACTING A COMMUNICABLE DISEASE OR ILLNESS, INCLUDING THE CORONAVIRUS SARS-COV-2 OR ANY VARIATION OR MUTATION THEREOF, AND INCLUDING EXPOSURE TO A BACTERIA, VIRUS, OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS, ALL OF WHICH MAY BE EXTREMELY CONTAGIOUS AND MAY BE SPREAD FROM PERSON-TO-PERSON CONTACT. YOU HEREBY WAIVE ALL CLAIMS AND POTENTIAL CLAIMS RELATING TO SUCH RISKS, HAZARDS, AND DANGERS. YOU AGREE THAT STADIUM, MANAGEMENT, THE BOARD OF GOVERNORS OF EXHIBITION PLACE, THE CITY OF TORONTO, AND THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, SPONSORS, AGENTS, INDEPENDENT CONTRACTORS, OR REPRESENTATIVES ARE EXPRESSLY RELEASED BY YOU FROM CLAIMS, LIABILITY, COSTS, EXPENSES, DAMAGES, OR LOSSES (WHETHER DIRECT OR CONSEQUENTIAL AND WHETHER ARISING FROM NEGLIGENCE, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH THE EVENT OR THE STADIUM OR ANY SERVICE PROVIDED OR ANYTHING SOLD AT THE STADIUM.


If any provision or part of these Terms is held to be illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable, and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and conditions remain valid and binding.


In the event of a conflict between Ticketmaster’s terms and these Term, these Terms will apply.




 

SCHEDULE B


STADIUM 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 stadium currently known as BMO Field (the “Venue”), 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, Venue 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)
  • 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.

Note that threatening and/or abusive behavior directed towards other fans, players, officials or Venue staff will be subject to sanctions even if done outside the Venue or outside of the time period of an event (including, without limitation, online, by telephone or through social media).


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 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 AHLP or CFL rules and/or requirements, your membership seat location may be relocated for CFL 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 stadium may be put in place during the CFL season. In the event of reduced fan capacity restrictions for CFL games during season, your membership seat location may not be available for use. In the event that your membership seat location is not available as a result of such a fan capacity restriction at the stadium, AHLP will use reasonable efforts to provide you with the opportunity to purchase available inventory. 


3. Accessible Seating: Please note that your membership seats are located in an accessible seating area of the stadium. In order to provide access to members of the accessible needs community, AHLP 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.  


Additionally, please note that as your tickets are designated as accessible seating, you are required to provide AHLP with confirmation prior to renewal of your Membership that you continue to require accessible seating.  Please contact your Membership representative to confirm your continued requirement.  


4.  Fieldside Seat Risk: Fieldside seats are part of the action and game presentation. Down on field level you are in amongst the officials, security, and broadcast cameras. As they move along the sidelines to do their job, your view may be obstructed. You should also be aware of balls and players that may leave the field of play. 


5.  Broker:  Please note that the payment deadlines specified will be strictly enforced with no exceptions or extensions to the Membership Terms being granted. Please ensure your credit card information is up to date.