This agreement contains an automatic renewal clause. If you purchase a full season ticket plan, a mini pack ticket plan or a flex pack ticket plan, you will be charged, and payments will continue to be processed, for season tickets annually until you opt-out. You will be offered the option to opt-out annually during a specific window of time. The opt-out window will be specified on an annual invoice statement, which will be sent to you prior to the start of each season. Please see Sections 2 – 4 for details.
These terms and conditions, together with all ticket order and account information, constitute a legal and binding agreement (the “Agreement”) between you and TN Hockey Limited Partnership, by its general partner TN Hockey Inc., (the “Team”), which owns and operates the Manitoba Moose, an American Hockey League (the “AHL”) franchise. For the purposes of this Agreement, “you” means the individual or entity entered on the records of the Team as being the account holder in respect of the purchase of a package of tickets to Manitoba Moose games (“Tickets” or each a “Ticket”) at Canada Life Centre (a “Season Plan”). By tendering payment to the Team for a Season Plan and/or accepting a Ticket, you indicate your acceptance of these terms and conditions and your agreement to be bound to this Agreement.
1. Revocable License. You acknowledge that the Season Plan constitutes a revocable license to purchase Tickets. Each Ticket purchased as part of a Season Plan represents a revocable license that enables an individual to enter the premises of Canada Life Centre on the day of the AHL regular season hockey game, or if your Season Plan includes them, AHL playoff game(s), played by the Manitoba Moose at Canada Life Centre and to occupy the seat location shown thereon for that date. Any person in possession of a Ticket will constitute the bearer of such Ticket (the “Bearer”) and will be subject to all of the rules, policies, procedures, terms and conditions for use of Tickets, including without limitation, any applicable laws and regulations, and all policies and procedures detailed at Section 10 below. A Ticket may be revoked at any time and admission to Canada Life Centre refused for any reason upon refunding (or crediting) the refund or credit amount equal to the price paid for such Ticket(s) (which such price shall be determined by the Team). Your sole remedy in connection with the revocation of a Ticket shall be the aforementioned refund or credit, the Team shall have no liability in connection therewith.
2. Auto-Renewal. Subject to the terms and conditions herein, you acknowledge that your Season Plan will automatically renew for successive AHL Manitoba Moose regular seasons unless terminated in accordance with the terms of this Agreement. You agree to pay all fees for Tickets for AHL Manitoba Moose regular season events unless you specifically opt-out of automatic renewal, as detailed herein.
3. Auto-Renewal Process. In January or February in each year, the Team will send you an email at the email address that you have provided to the Team and which is associated with your Ticket account, which email will direct you to access your annual invoice statement via the online platform, “Manitoba Moose Account Manager” https://am.ticketmaster.com/mbahl. Your annual invoice statement will specify the dates and amounts of the payments that are scheduled to come due under the upcoming season’s Season Plan (by way of example, the annual invoice statement you receive in January or February 2024 will be for the 2024-2025 AHL regular season) and will also include the dates of the Opt-Out Period (as defined below). If you do not opt-out of the automatically renewing Season Plan before the end of the Opt-Out Period, you agree to purchase the Tickets that comprise the Season Plan by making the payments specified in the invoice in accordance with the payment terms in Section 6. Unless you opt-out as specifically set forth below, you may not cancel your automatically renewing Season Plan.
4. Opt-Out Period. You can terminate your Season Plan for any reason during the Opt-Out Period by delivering written notice (via email) of such intent to terminate to the assigned Manitoba Moose Account Service Representative at email@example.com. The Opt-Out Period will be set out in the annual invoice statement (but will typically be January 1 – February 1 in each year). Upon the Team’s receipt of the termination notice sent during the Opt-Out Period by you, you will not be obligated to honour any future payment for the upcoming season, and the Team, effective as of the noted effective date of termination in the termination notice, will not be obligated to honour any future tickets for future seasons. If you do not opt-out of the automatically renewing Season Plan before the end of the Opt-Out Period, you agree to purchase the Tickets that comprise the Season Plan by making the payments specified in the invoice in accordance with the payment terms in Section 6. Unless you opt-out as specifically set forth in this Section, you may not cancel or opt-out of the automatically renewing Season Plan.
5. No Right to Renewal. The Team reserves the right to terminate or modify the automatic renewal of Season Plans at any time, for any reason and without recourse. Notwithstanding your enrollment in the automatic renewal of your Season Plan, the purchase of a Season Plan for any season does not create a legal entitlement for you to renew a Season Plan for any subsequent season (e.g., you can opt out of the automatic renewal of your Season Plan as described herein). Further, the Team has no obligation to renew this Agreement or your Season Plan.
6. Payment Plans for the 2023-2024 AHL Season/Payment Authorization.
a. You must choose a payment plan option as presented to you by the Team.
b. Payment will only be accepted by way of pre-authorized debit or credit card payment, or as such other method as may be agreed to by the Team. You hereby irrevocably authorize the Team, or its assignee, or their respective agents to debit the amount of each payment from your credit card or chequing/savings account (as indicated or on an attached VOID cheque). This authority shall remain in full force and effect until the Team has debited the full amount of the season purchased, and shall also remain in full force and effect for amounts owing for subsequent seasons until the effective date of your election to opt-out from automatic renewal, as described above. You acknowledge that the delivery of authorization to the Team constitutes delivery by you to the branch of the financial or credit card institution at which you maintain an account and that such financial institution is not required to verify that the payment(s) are drawn in accordance with this authorization.
c. You acknowledge that, as applicable, with respect to all payments following the initial payment, withdrawals will be initiated on or about the 1st day of the applicable month, but the actual withdrawal date will depend on your financial institution.
d. You will notify the Team in writing of any changes in the account information prior to the next due date of the pre-authorized debit or credit card payment. You warrant that all persons whose signature(s) are required to sign on this account have accepted this Agreement. Additionally, you authorize the Team to (i) debit your credit card or chequing/savings account for any other amounts that are due and owing under this Agreement, including any late fee that you may owe and (ii) reinitiate a debit of any payment to your credit card or chequing/savings account that is unsuccessful.
e. You acknowledge and agree that an administration fee of $25.00 will be charged to your Ticket account for any declined payment, insufficient funds or declined credit card. You acknowledge that the Team is not obligated to reinitiate any charge that is rejected and may terminate your Season Plan or revoke any Ticket(s) if a payment is rejected.
f. The Team reserves the right to charge an administrative fee in respect of any of the automatic payment plan(s) made available by the Team in order to pay for the administration thereof, in which case the Team will specify which automatic payment plan(s) are subject to such fee, and the amount of such fee, as part of its annual renewal process. You agree to pay such fee (whether paying by pre-authorized debit or credit card) if it is applicable to the automatic payment plan you chose.
g. The Team’s acceptance of payment for Tickets from any individual or entity who is not you does not grant any rights to those Tickets to such individual or entity, rather such payments are deemed to have been made for and on behalf of you. The Team reserves the right to require that any transactions pertaining to Tickets held in a corporate name be supported by evidence of appropriate corporate resolutions or other documents authorizing such transactions.
7. No Refunds. All sales of Season Plan and Tickets are final, and no refunds of payments or deposits for Tickets, or exchanges for Tickets, will be made except as expressly contemplated herein.
8. Playoffs. Admission to some playoff games at Canada Life Centre in which the Manitoba Moose may participate is included in certain Season Plans (for example, for the 2023 – 2024 season, full Season Plans include the first four (4) home playoff games). If you are in good standing under this Agreement, the Team shall provide you a first right of refusal to purchase tickets for playoff games that are not included in your Season Plan to be exercised within the time period set out in the playoff invoice sent to you by the Team. In the event the right of first refusal granted to you to purchase tickets for playoff games is not exercised within the time period outlined in the playoff invoice, you will be deemed not to have exercised your right to purchase tickets for playoff games and will forego your right to purchase playoff tickets under this Agreement.
9. Notice and Communication. The Team will communicate with you from time to time via Team website postings, email, through the Team mobile app, SMS and other media regarding your Season Plan and Tickets, new initiatives and developments, as well as the terms and conditions and policies governing all Season Plans and Tickets. You undertake to use best efforts to become and remain familiar with all such information. Further, all communication pertaining to the Season Plan and Tickets purchased under this Agreement will be made with you and at the address provided to the Team for the Season Plan. You are responsible for promptly notifying the Team, in writing, of any change of address and/or email address. Should you wish to have someone other than you named on your account for the purposes only of communication with the Team, you shall provide prior written notice of such proposed change to the Team. The Team shall be entitled to exercise its sole right of discretion with respect to an acknowledgement and approval of such change.
10. Policies, Procedures, Terms and Conditions. You or a Bearer in possession of or using any Ticket(s), shall be subject to, and shall abide by, all policies, procedures, terms and conditions as published from time to time and as set forth by the Team, Canada Life Centre, and/or the AHL, each of whom reserve the right to change such policies, procedures, terms and conditions at any time and for any reason without notice. Such policies, procedures, terms and conditions shall include, but not be limited to, the Manitoba Moose Fan Code of Conduct and the Manitoba Moose Ticket Use Disclaimer (as updated from time to time on the Team’s website, www.moosehockey.com). You shall be responsible for compliance with any and all of these policies, procedures, terms and conditions on behalf of yourself or a Bearer in possession of or using any Ticket(s).
11. Use of Image/Likeness. You or a Bearer in possession of or using any Ticket(s) consents to the use of your image or likeness incidental to any transmission or reproduction of a home game. In addition, you and/or a Bearer grants to the Team or to any affiliate of the Team the unrestricted right to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt or otherwise use or re-use your and/or a Bearer’s name and any statements, endorsements, biographical information, voice recordings, photographs and likeness to photographs, videotapes, film or sound recordings provided for, stemming from, or obtained or taken in relation to, your and/or a Bearer’s attendance at a home game, for any and all advertising or promotional purposes without further compensation or permission.
12. Assignment, Transfer, Relocation and Resale.
a. This Agreement, your Ticket account and any rights you may have hereunder, shall not be assigned or transferred in any manner by you to any other person or entity without the prior written consent of the Team, which consent may be unreasonably withheld by the Team in its sole and unfettered discretion. A request to transfer this Agreement and your Ticket account must be submitted to the Team in writing, and must be supported by appropriate documentation satisfactory to the Team. Any transfer of the Ticket account or Ticket rights other than as expressly permitted by the Team shall be a breach of this Agreement.
b. Tickets are intended for personal use by you and are not intended for commercial resale unless expressly authorized by the Team. The Team acknowledges that there may be circumstances where you require the ability to resell Tickets for non-commercial purposes. In such instance, you and/or a Bearer having possession of any Ticket(s), can sell, resell, assign or transfer such Ticket(s) to any person or entity provided you comply with this Agreement and with all provincial or civic laws or statutes, or rules or regulations of the Team.
c. The use of Tickets for advertising, promotion (including contests and sweepstakes) or other commercial purposes is strictly prohibited without the prior written consent of the Team.
d. The Team shall have the right to assign, pledge, transfer, assign as security, or otherwise dispose of this Agreement to any other person or entity without your consent.
e. The Team reserves the right to relocate the seats in your Ticket package occasionally during the AHL regular season and at any time during the playoffs due to broadcast and/or security requirements and for any other reason in its sole discretion. If such a relocation is required, the Team will make every effort to relocate you (or the Bearer) to seats to an alternate location of comparable value in Canada Life Centre.
13. Cancelled Games. You acknowledge and agree that the Team and/or the AHL may cancel Manitoba Moose games for any reason, as determined in its/their sole discretion. In the event that any Manitoba Moose game for which Tickets have been sold to you is cancelled, your sole remedy shall be to have your Ticket account credited with an amount equal to the price paid for such Ticket(s) (which such price shall be determined by the Team). Unless other arrangements are agreed between the Team and you, the credited funds shall, where applicable, be held by the Team and applied, at the direction of you, to your purchase of playoff Tickets (if applicable) in the season in which the cancelled game(s) occurred and/or to your renewal of a regular season Ticket package in the subsequently played season. If you elect not to purchase playoff Tickets and you do not renew your 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, and any refund shall be issued to the same method of payment in which the original payment was received, unless the Team determines otherwise in its sole discretion.
14. No Fans or Limited Fans. You acknowledge and agree that the Team and/or AHL may host Manitoba Moose games at Canada Life Centre without fans in attendance or with limited fans in attendance, or may relocate games to an alternate venue, for any reason (including due to public health concerns), as determined in its/their sole discretion. In the event that a Manitoba Moose game for which Tickets have been sold to you is hosted at Canada Life Centre without fans in attendance, or is relocated to an alternate venue, the Team will make the account adjustments contemplated in the section immediately preceding above as if such game was a cancelled game. In the event that a Manitoba Moose game for which Tickets have been sold to you is hosted at Canada Life Centre with limited fans in attendance, you acknowledge and agree that the Team shall have sole discretion regarding which fans are permitted to attend (and any special terms and conditions applicable to their attendance), and to the extent you are not permitted to attend then the Team will make the account adjustments contemplated in the section immediately preceding above as if such game was a cancelled game.
15. Postponed or Rescheduled Games. You acknowledge and agree that the Team and/or AHL may postpone or reschedule Manitoba Moose games for any reason, as determined in its/their sole discretion. In the event that any Manitoba Moose games for which Tickets have been sold to you is postponed or rescheduled for any reason, your sole remedy shall be to have such Tickets honoured at Canada Life Centre on the postponed or rescheduled game date.
16. You acknowledge and agree that the relocation, cancellation, postponement or rescheduling of any Manitoba Moose games contemplated in the four sections immediately preceding above shall in no way be deemed, argued or construed to be a breach by the Team of any terms, conditions, agreement or any other duties or obligations in connection with the sale and use of these Tickets, provided that the Team will, where applicable, make the account adjustments contemplated in such sections. You hereby waive and release any and all claims you may have against the Team and/or the AHL with respect to such relocated, cancelled, postponed or rescheduled game(s).
17. Membership Privileges. You acknowledge that any Season Plan membership rights and privileges offered by the Team (that is, in addition to the Tickets – for example, invitations to season ticket member events and such other rights and privileges as may be extended by the Team from time to time) (“Membership Privileges”) are intended exclusively for you to recognize your commitment and loyalty. You acknowledge and agree that the sale or offer for sale, directly or indirectly, of Membership Privileges is prohibited, and that any other transfer of Membership Privileges is only permissible if expressly authorized by the Team. You acknowledge and agree that all matters regarding Membership Privileges shall be determined by the Team in its sole discretion, including whether any Membership Privileges are offered, as well as the nature, details and conditions of any Membership Privileges that are offered (including whether they are offered on a per account, per ticket or other basis). Without limiting the generality of the foregoing, the Team reserves the right to offer different Membership Privileges, or not to offer any Membership Privileges, if the Team believes there may be a commercial resale of Tickets without the Team’s express authorization. To access Membership Privileges, you must download the Team app at moosehockey.com/mulitmedia/manitoba-moose-app/and accept the terms and conditions associated with the Team app use.
18. Breach. Your Ticket rights, and Membership Privileges remain subject at all times to: (i) your compliance with the terms and conditions of this Agreement, including the payment of any amounts when due; (ii) you or a Bearer in possession of or using any Ticket(s) complying with the Manitoba Moose Fan Code of Conduct and the Manitoba Moose Ticket Use Disclaimer and (iii) you or a Bearer in possession of or using any Ticket(s) complying with applicable laws or regulations. If the Team (acting reasonably) determines there has been a breach of this Agreement by you, or you or a Bearer has not complied with the Manitoba Moose Fan Code of Conduct and the Manitoba Moose Ticket Use Disclaimer, or you or a Bearer has not complied with applicable laws or regulations, the Team reserves the right, in its sole discretion, to:
a. Terminate this Agreement (and your Season Plan, Ticket rights and Membership Privileges);
b. Suspend your Season Plan, Ticket rights or Membership Privileges;
c. To withdraw or restrict access to Membership Privileges;
d. To refuse to sell additional Tickets to you; or
e. To not offer to renew your Season Plan (and to cancel the Automatic Renewal of your Season Plan).
19. Termination. Upon termination, to the extent permitted by applicable law, the Team may, without notice, and in addition to deactivating the Tickets remaining in your Season Plan, accelerate the outstanding payments due under this Agreement and require that you immediately pay the entire unpaid balance for the Tickets and any other payments required under this Agreement. In addition, the Team shall have no obligation to refund amounts already paid pursuant to your Season Plan, or any other payments already made pursuant to this Agreement. The Team may use all legal rights of enforcement.
20. Resale of Tickets in Event of Termination. The Team shall have no obligation to resell your Tickets in the event of termination. If the Team does resell your Tickets, you shall remain liable to the Team for the balance of all amounts due hereunder, as well as all reasonable costs (including, without limitation, reasonable legal fees and court costs) incurred by the Team arising out of the events giving rise to termination, provided, however, that the amount collected by the Team in respect of reselling your Tickets, less costs incurred in connection therewith, shall be applied to reduce your liability unless, at the time of the resale, there remains available for sale in the Team inventory other seating in the nature of your seating.
21. Safety Warning. Despite enhanced spectator shielding measures, pucks (and/or sticks and/or other object) still may fly into the area where you may be spectating, and serious injury may occur. While attending a game, stay alert at all times, including during warmup and after play stops. If struck, immediately ask usher for directions to the medical station. You, on behalf of yourself, a Bearer and any person accompanying you or a Bearer, including minor(s), voluntarily assume all risks of property loss and personal injury, illness and all other hazards related to the game and attending Canada Life Centre, whether occurring prior to, during or after a game, including specifically but not exclusively, the danger of injury by hockey pucks, sticks and other equipment, by spectators or players or by thrown objects, as well as effects related to COVID-19, and agree the AHL, the AHL Member Clubs, The AHLPA (including all current and former players), Winnipeg Jets Hockey Club Limited Partnership, Winnipeg Jets Hockey Club Inc., The True North Entertainment Complex Limited Partnership, True North Sports & Entertainment Limited, TN Arena Limited Partnership, TN Arena Inc., TN Hockey Limited Partnership, TN Hockey Inc., and each of their respective parents, subsidiaries, affiliates, agencies, departments, owners, governors, trustees, directors, officers, shareholders, unitholders, employees and agents, and each of their respective successors, administrators, assigns, heirs and legal personal representatives (collectively, the “AHL Parties”) are expressly released from any and all claims arising from or relating to such causes or otherwise occurring at or in connection with a game, including specifically but not exclusively claims arising from or relating to the negligence of the AHL Parties.
22. Waiver. No waiver of any provision of this Agreement by the Team shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided.
23. Binding Effect. The rights and obligations set forth in this Agreement shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, subsidiaries, affiliates, successors and assigns (as the case may be) of the parties hereto.
24. Right to Revise. The Team reserves the right to modify these terms and conditions at any time and for any reason, without prior notice. In the event any revisions are made, the revised terms and conditions shall govern.
25. Severability. If any provision of this Agreement is adjudicated to be invalid, illegal or unenforceable, in whole or in part, such provision will be deemed deleted to the extent that the expected benefits to be received by the parties are not materially changed, and all other provisions of this Agreement shall remain in full force and effect.
26. Entire Agreement. This Agreement constitutes the entire agreementå between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided.
27. Governing Law. This Agreement shall be governed by the laws of the Province of Manitoba.This question is required. *