BELLEVILLE SENATORS SEASON SEAT MEMBERSHIP
TERMS AND CONDITIONS
BY SUBMITTING A SEASON SEAT MEMBER ORDER FORM (OR SEASON SEAT MEMBER RENEWAL ORDER FORM) AND TENDERING PAYMENT TO BELLEVILLE SENATORS INC. AND/OR ACCEPTING ANY TICKET PROVIDED BY BELLEVILLE SENATORS INC. ACCORDING TO THE RESPECTIVE ORDER FORM OR THE ACCOUNT ESTABLISHED BY SEASON SEAT MEMBER, SEASON SEAT MEMBER SIGNIFIES ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. DEFINITIONS. For the purposes of these terms and conditions (“Terms”), Belleville Senators Inc., the owner of the Belleville Senators, an American Hockey League (“AHL”) franchise, shall be referred to as "BSI". The individual or legal entity entered on the records of BSI as being the account holder in respect of the purchase of a season seat package for Belleville Senators home games to be played at the Arena, shall be referred to as “Member”. “Arena” shall refer to Yardmen Arena, the home arena of the Belleville Senators, which is located at 265 Cannifton Road, in Belleville, Ontario. The “Agreement” shall refer to the applicable Season Seat Member Order Form or Season Seat Member Renewal Order Form (each an “Order Form”) entered into by a Member together with these Terms.
2. TERM. Member acknowledges and agrees that, subject to the termination rights specified herein, its season seat package is provided for a one-season term and will expire on June 30th following the AHL season for which such season seat package was purchased. The purchase of a season seat package for any season does not entitle the Member to a renewal of its season seat package for any subsequent season. Member further acknowledges and agrees that the opportunity to renew its season seat package is a privilege granted by BSI which may be withdrawn by BSI at any time and that neither party has the right or obligation to renew a season seat package.
3. PACKAGE GAMES. Member acknowledges and agrees that the season seat package being purchased includes only regular season Belleville Senators games played at the Arena, and for the avoidance of doubt, shall not include tickets to any other event or game, including but not limited to, any Belleville Senators playoff game, any Belleville Senators regular season home or away game to be played at a venue other than the Arena, or any other AHL event or game in which the Belleville Senators, or any of its players, participate.
Member acknowledges and agrees that receipt of Season Seat Membership benefits including use of tickets and attendance at any season seat package games, by Member or any individual using any of Member’s season seat package tickets from time to time, is governed by (i) this Agreement; (ii) the terms and conditions printed on the reverse side of each ticket; (ii) Arena policies, including security, alcohol consumption, and code of conduct policies; and (iii) applicable laws.
4. PLAYOFF GAMES. Member will have the first right to purchase tickets for its season seats for any AHL Playoff games in which the Belleville Senators compete at the Arena during the term of this Agreement. The purchase of such Playoff tickets shall be at the price(s), by the deadline(s), and upon such terms and conditions as may be established by BSI in its sole discretion. Payment for Playoff tickets is due in advance of the commencement of each Playoff round. All sales of Playoff tickets under this Agreement are final and non-cancellable by Member. In the event Member declines to purchase Playoff tickets on such terms and conditions as may be set by BSI, BSI may sell, or otherwise utilize the seats from Member’s season seat package, as it sees fit.
Member must indicate on its Order Form its preference regarding playoff credit or refund (in the event any games purchased are not required to be played to determine the winner of a Playoff round). Credit left on account will be applied to credit card bill plans, or left on account for future ticket purchases if Member’s account is paid in full. Playoff refunds will be provided via the method of payment used for purchase, unless requested otherwise in the Order Form. A 2.5% credit card service charge will apply for Members requesting a cheque refund where the original payment was received by credit card. Accounts using multiple payment methods for purchase will be refunded via cheque with applicable credit card service charge per above. Please allow four (4) weeks for processing of playoff refunds.
5. PAYMENTS. Member agrees to pay in full all amounts specified in its Order Form, or otherwise described in these Terms, by the date such payments are due, in accordance with the payment option selected in its Order Form. Member may select one of the following payment options:
a. Single Payment Option: This payment option allows Member to pay 100% of the cost of its season seat package for the upcoming season in a single lump sum payment (payment due date to be set by BSI each season). The payment may be made in cash, or by using Visa, MasterCard or American Express credit cards (each a “Credit Card”), or by direct debit payment.
b. Installment Option: This payment option is only available if Member submits its Order Form for the upcoming season prior to September 15th. The Installment Option allows Member to split the cost of its season seat package into equal installment payments due on standard payment dates determined by BSI. The number of installment payments will be determined by the date of Member’s Order Form submission. In all cases, the cost of Member’s season seat package must be paid in full by October 15th. Monthly payments may be made in cash, by Credit Card, or by direct debit payment.
In the event any payments are not provided when due, BSI may: (i) charge interest at a rate of 2% per month (24% per annum) on such amounts not paid when due; and/or (ii) suspend the barcodes for Member’s season seat package tickets until payment in full is made. BSI reserves the right to resell tickets for future games otherwise reserved for Member as part of its season seat package at any time while Member’s tickets are suspended. BSI also reserves the right to charge a processing fee of $20.00 in the event a payment is refused for any reason.
All sales of season seat packages under this Agreement are final and non-cancellable by Members. Season seat package deposits and payments are non-refundable.
6. DEFAULT. BSI reserves the right, in its sole discretion, to terminate this Agreement if: (a) Member fails to pay when due any amounts due hereunder; (b) Member otherwise materially breaches the terms of this Agreement; or (c) Member becomes insolvent, bankrupt or is otherwise unable to pay its debts when due. If BSI terminates this Agreement, BSI will be entitled to retain all payments made by Member (or by any individual or entity who provided payments on Member’s account) to the date of such termination. If there is a balance outstanding in respect of Member’s account at the time of termination, such balance shall become immediately due and payable by Member. Termination of this Agreement will not affect Member’s obligations under this Agreement for amounts due to BSI or otherwise limit the rights and remedies available to BSI at law or in equity.
7. PREEMPTION. Member acknowledges and agrees that BSI and/or the AHL may cancel, postpone, reschedule or relocate games for any reason (e.g. move a regular season game of the Belleville Senators from the Arena to an alternate venue for the purposes of playing a “League Special Game”), as determined in its/their sole discretion, as well as to modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentations of AHL games and events ("Preemption") provided that BSI will, where applicable, make the account adjustments contemplated in the paragraph immediately following below.
In the event that any Belleville Senators game for which tickets have been sold as part of Member’s season seat package 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 BSI of any terms, conditions, agreement or any other duties or obligations in connection with the sale and use of these tickets. In such event, Member's sole remedy shall be to: (i) have its account credited with an amount equal to the amount paid (or payable) by Member for the particular missed game(s) (such amount to be determined as a pro-ration based on the number of originally scheduled home games) or (ii) receive an equivalent number of tickets to an alternate Belleville Senators regular season home game or other Belleville Senators special event played at the Arena in full satisfaction for the tickets made unavailable due to Preemption. Unless other arrangements are agreed between BSI and Member, the credited funds shall, where applicable, be held by BSI and applied, at the direction of Member, to Member's purchase of playoff tickets (if applicable) in the season in which the cancelled game(s) occurred and/or to Member's renewal of a season ticket package in the subsequently played season. If 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 BSI determines otherwise in its sole discretion. Member hereby waives and releases any and all claims it may have against BSI and/or the AHL with respect to such game(s) not played at the Arena.
8. REVOCABLE LICENCE AND RESTRICTIONS. All tickets purchased pursuant to the Agreement are revocable licenses, any and all of which licenses may be revoked by BSI, in its sole discretion, at any time and for any reason. Unless expressly authorized by BSI, re-sale or attempted re-sale by Member of any of its tickets is prohibited. Member may not sell, give away, donate, sublicense, lease, lend, dispose of in any manner, or otherwise part possession with, any of Member's tickets in connection with any promotion of merchandise or services of any kind or for any other commercial purposes whatsoever unless prior written consent is obtained from BSI. In the event of failure by Member to comply with the Agreement, BSI may take whatever action it deems necessary including the cancellation of any and all remaining season and/or Playoff tickets of the noncompliant Member, without compensation and without prejudice to the commencement of legal action against Member.
9. AMENDMENT. BSI may change, amend or supplement the terms and conditions of this Agreement as it deems necessary on an on-going basis. BSI may add or delete any term to this Agreement. If required by law, BSI will give Member advance written notice of the change(s) and a right to reject the change(s). Amendments, revisions and/or information about this Agreement may be sent to Member and/or posted on the Belleville Senators website from time to time. Member is responsible for reading and complying with all information, revisions and amendments.
10. COMMUNICATIONS. BSI will deal only with Member in all matters pertaining to the season seat package purchased. Should Member wish to have someone else named to handle such matters, written authorization must be submitted by Member to BSI for BSI’s approval. Member agrees to promptly notify BSI in writing of any changes in address, phone number, payment information, or account status.
11. GOVERNING LAW. These Terms shall be governed by the laws of the Province of Ontario, without regard to its conflict of laws provisions. Any action or proceeding arising out of or relating to the Agreement must be brought in the courts of the Province of Ontario. Member knowingly, voluntarily and irrevocably submits to the exclusive jurisdiction of the courts located in Ottawa, Ontario in any such action or proceeding and waives any objection it may now or hereafter have to venue or to convenience of forum.