TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS

• 1. For the purposes of these Terms and Conditions, “Member” means the individual or entity entered on the records of the Brantford Bulldogs, otherwise known as Bulldog Hockey Inc. (“BHI”) as being the account holder in respect of the purchase of a package of tickets to Team home games (the “Tickets”) played at the arena currently known as Brantford Civic Centre (the “Arena”). By clicking “Agree”, tendering payment to BHI, or accepting a Ticket, the Member signifies their acceptance of these Terms and Conditions and its agreement to be bound thereby.
• 2. 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Terms and Conditions, the opportunity to renew this Membership is a personal privilege granted by BHI which may be withdrawn by BHI at any time and that neither party has the right or obligation to renew a Season seat membership.
• 3. These Terms and Conditions supplement the ticket back terms and conditions that are either printed on the reverse side of each physical Ticket or make available digitally for mobile Tickets (the “Ticket Back 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 Back Terms is attached as Schedule A hereto. If any of these Terms and Conditions conflict with the Ticket Back Terms, these Terms and Conditions shall prevail to the extent of the conflict. The Member acknowledges that the Ticket Back Terms are subject to changes from time to time.
• 4. 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 BHI delivers the Ticket) for any reason (including, without limitation, Preemption (as defined below) by BHI, and, upon such revocation, BHI 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. BHI shall have no liability in connection with the revocation of a Ticket other than the aforementioned refund. BHI’s right to revoke described in this Section is in addition to any other right of BHI to terminate set forth in these Terms and Conditions or otherwise. Use of the Tickets and attendance at any game are also governed by (i) the Arena policies, including security, alcohol and appropriate conduct policies (including the Code of Conduct attached hereto as Schedule B hereto) (the “Arena Policies”) and (ii) applicable law, including without limitation laws governing consumer protection and the purchase and sale of tickets.
• 5. 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.
• 6. The Member acknowledges and agrees that the Tickets being purchased hereunder are solely for regular season Team games played at the Arenas, and for the avoidance of doubt, shall not include tickets, to any other event or game, including, but not limited to, any playoff game, neutral site game, outdoor game, or other OHL event (each a “League Special Event”) held in BHI’s market or hosted by the OHL at an Arena or otherwise in which BHI participates. Notwithstanding the foregoing: (i) BHI 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; and (ii) subject to the Member’s right to opt-out, Membership includes automatic ticket processing for all Playoff Games at the price(s) and payment terms to be communicated in advance to the Member (Members will be sent an invoice for the Playoff Games and will have a thirty (30) day opt-out timeframe to decline the purchase of their seats for the Playoff Games and if the Member does not opt-out within the opt-out timeframe then the Member will be charged for 3 the Playoff Games prior to the start of each playoff round). In the event the Member declines to purchase playoff tickets, BHI may sell such playoff tickets, or otherwise utilize the seats for such Playoff Games, as it sees fit.
• 7. The Member acknowledges and agrees that BHI and/or OHL 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 OHL games and events (“Preemption”).
• 8. Any Team game or event, for which Tickets have been sold to the Member, that is not played or presented in an Arena for any reason, including, but not limited to, Preemption, shall in no way be deemed, argued or construed to be a breach by BHI 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 BHI and the Member, the credited funds shall, where applicable, be held by BHI 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 BHI ticket products, if requested. No interest or rebate will accrue on the amount of the credit at any time, unless BHI determines otherwise in its sole discretion. The Member hereby waives and releases any and all claims it may have against BHI and/or the OHL with respect to such game(s) not played at an Arena.
• 9. BHI reserves the right to relocate the seats in the Member’s Ticket package occasionally during the regular season and at any time during the playoffs due to broadcast, OHL and/or Arena security or health and safety requirements. If such a relocation is required, BHI will make every effort to relocate the Member (or the individual using any of the Member’s Tickets) to seats in a substantially similar or better location within the Arena.
• 10. The Member’s Ticket rights and such other privileges as may be extended by BHI 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 Arena Policies; (iii) with applicable laws; and (iv) and each individual using any of the Member’s Tickets from time to time, with the Ticket Back Terms. BHI 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) BHI (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 Back 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 BHI terminates the Membership, BHI will be entitled (unless BHI, 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 BHI (upon BHI’s demand) the amount of such balance or such portion thereof as BHI is unable to recover using commercially reasonable efforts to re-sell the Tickets for the remainder of the season following such termination.
• 11. The Member, both for the Member and for any Ticket user, grants permission to BHI, the participating OHL clubs and the OHL, 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 BHI, the OHL and/or the sport of hockey.
• 12. 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.
• 13. From time to time, BHI may amend these Terms and Conditions upon notice to the Member (“Amendments”). BHI will maintain an updated copy of these Terms and Conditions at www.brantfordbulldogs.com. 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 BHI, 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 BHI, and are not implemented by BHI 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 BHI 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 BHI’s sole discretion.
• 14. BHI 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.
• 15. 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 BHI, THE OHL, THE CITY OF BRANTFORD, 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 “BULLDOGS 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 BULLDOGS PARTIES FROM THE SAME. C. TERMS AND CONDITIONS REGARDING AUTOMATIC PAYMENT PLANS.
• By selecting a Membership, the Member agrees to select a payment plan option from the payment plan options made available by BHI with respect to each Season and further agrees that subject to availability, the selected payment plan will, absent notice to or from BHI, recur annually and is subject to the following payment terms:
• 1. Payment Authorization. Member understands that by selecting a Membership, BHI 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 BHI. 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 BHI is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, BHI’s only responsibility is to correct it if and when BHI 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 BHI 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. BHI reserves the right to charge a processing fee of CAD$25.00 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.
• 2. Payment Plan Options. Subject to Section C.6. below, Member will, unless otherwise communicated by BHI, have the option of two payment plans: a. 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”), cheque or electronic funds transfer. b. 3-month payment plan: This plan allows Member pay for the cost of their Tickets in 3 equal payments on dates defined by the Team. For the 2023/24 Brantford Bulldogs season: • 1st payment is due upon seat selection, • 2nd payment is due on or before July 7, 2023, and • 3rd payment is due on or before September 1, 2023. These payments may be made using a Credit Card. Notwithstanding the foregoing, BHI reserves the right to make modifications to the payment plan options (e.g. modify the payment dates, modify the number of payments, etc.) as may be required to align with scheduling changes to a Season. In such event, BHI 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 BHI for the affected Season. If the Member’s Credit Card on file is declined for a given payment for any reason, BHI will re-run the Credit Card 24 hours later, and, if necessary, again 48 hours after the payment was initially declined. If at this point payment has not been made, the barcodes for Member’s Tickets shall be suspended until payment in full is made. BHI will attempt to notify Member by email and/or telephone to request that the payment information be updated. BHI may resell Tickets for future games otherwise reserved for Member at any time while the Tickets are suspended. If two (2) consecutive payments are missed, Member’s Tickets will be removed from Member’s account and Member’s Membership will be automatically terminated.
• 3. 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”). 6 Through the Payment Program, so long as Member’s account remains in good standing with BHI, unless otherwise communicated by BHI, 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) BHI gives notice of termination or non-renewal of the Member’s Membership.
• 4. Membership Deposit. BHI may, in its sole discretion, require in advance of a Season the payment by the Member of a membership deposit (“Deposit”). If so required, BHI 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 BHI. BHI 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 BHI terminates or suspends the Member’s account, BHI will provide written notice to the Member. Following payment of the Deposit, BHI 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 BHI, 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 BHI to select a preferred method of payment and/or payment plan.
• 5. Notice. BHI 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.
• 6. Change Payment Plan Option. If Member wishes to select a different payment plan for a subsequent Season, Member may do so by informing BHI 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 BHI. 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 BHI.
• 7 Schedule A THIS TICKET (“TICKET”) IS A REVOCABLE LICENSE. BY PURCHASING AND/OR USING TICKETS TO AN OHL GAME, HOLDER OF THIS TICKET AGREES THAT (1) USE OF SUCH TICKETS AND ADMISSION TO THE ARENA, STADIUM, OR VENUE (“VENUE”) IDENTIFIED IN THE TICKET IS CONDITIONED UPON HOLDER’S AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH BELOW, AND (2) HOLDER WILL INFORM ANY GUESTS, COMPANIONS, OR OTHER PERSONS WHO WILL BE USING TICKETS PURCHASED BY OR RECEIVED FROM HOLDER THAT AS TICKET HOLDERS THEMSELVES, THEIR OWN USE OF SUCH TICKETS AND ADMISSION TO THE VENUE ARE ALSO CONDITIONED UPON THEIR AGREEMENT TO THE TERMS AND CONDITIONS BELOW. TO THE EXTENT ENFORCEABLE IN THE PROVINCE OF ONTARIO, HOLDER, BULLDOG HOCKEY INC. (“BHI”), VENUE, AND OHL AGREE THAT ALL DISPUTES ARISING FROM THESE TERMS AND CONDITIONS SHALL BE LITIGATED IN COURT OR ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION; AND IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE VENUE. SAFETY WARNING AND RELEASE/COMPLIANCE WITH OHL POLICIES WARNING! DESPITE ENHANCED SPECTATOR SHIELDING MEASURES, PUCKS STILL MAY FLY INTO THE SPECTATOR AREA. SERIOUS INJURY CAN OCCUR. STAY ALERT AT ALL TIMES INCLUDING DURING WARMUP AND AFTER PLAY STOPS. IF STRUCK, IMMEDIATELY ASK USHER FOR DIRECTIONS TO MEDICAL STATION. HOLDER, ON BEHALF OF HOLDER AND ANY PERSON ACCOMPANYING HOLDER, INCLUDING MINOR(S), VOLUNTARILY ASSUMES ALL RISKS OF PROPERTY LOSS AND PERSONAL INJURY, ILLNESS AND ALL OTHER HAZARDS RELATED TO THE GAME AND ATTENDING THE VENUE FOR WHICH A TICKET IS ISSUED, WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE 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 THE NOVEL CORONAVIRUS, COVID-19, WHICH HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION, IS EXTREMELY CONTAGIOUS, AND IS BELIEVED TO BE SPREAD MAINLY FROM PERSON-TO-PERSON CONTACT, AND AGREES THAT BHI, BULLDOG HOCKEY INC., THE ONTARIO HOCKEY LEAGUE, THE CANADIAN HOCKEY LEAGUE, THE CITY OF BRANTFORD, THE VENUE, THE OHL MEMBER CLUBS, THE CHL MEMBER CLUBS AND EACH OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, AGENCIES, DEPARTMENTS, SUBDIVISIONS, RELATED ENTITIES, OWNERS, GOVERNORS, TRUSTEES, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, PRINCIPALS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “OHL PARTIES”) ARE EXPRESSLY RELEASED FROM ANY AND ALL CLAIMS ARISING FROM OR RELATING TO SUCH CAUSES OR OTHERWISE OCCURRING AT OR IN CONNECTION WITH THE GAME, INCLUDING SPECIFICALLY BUT NOT EXCLUSIVELY CLAIMS ARISING FROM OR RELATING TO THE NEGLIGENCE OF THE OHL PARTIES. HOLDER SHALL REVIEW CAREFULLY, AND ABIDE BY, THE POLICIES OF VENUE AND THE OHL, INCLUDING WITHOUT LIMITATION THE OHL FAN CODE OF CONDUCT AND ANY VENUE POLICIES, PROTOCOLS, OR PROCEDURES. BHI MAY REQUIRE COMPLIANCE WITH OR VERIFICATION OF PRIOR TO OR AS A CONDITION OF ADMISSION TO THE VENUE, INCLUDING THOSE INTENDED TO PREVENT AND/OR CONTROL THE SPREAD OF COVID-19 THROUGH PERSONAL PRECAUTIONS, SOCIAL DISTANCING MEASURES, AND/OR CONTACT TRACING (“APPLICABLE POLICIES”). BHI RESERVES THE RIGHT TO REFUSE ADMISSION OR EJECT ANY PERSON THAT FAILS TO ABIDE BY ANY APPLICABLE POLICIES. BHI AND THE OHL RESERVE THE RIGHT TO MODIFY ANY APPLICABLE POLICIES WITHOUT NOTICE. IN THE EVENT ANY PROVISION OF THIS TICKET SHALL BE DEEMED TO BE INVALID, ILLEGAL, OR UNENFORCEABLE BY A COURT OF LAW OR AUTHORIZED ARBITRATOR, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY. NAME/LIKENESS RELEASE BY USING THE TICKET(S) AND ATTENDING THE GAME, HOLDER, ON BEHALF OF HOLDER AND ANY PERSON ACCOMPANYING HOLDER, INCLUDING MINOR(S), GRANTS THE OHL PARTIES PERMISSION TO RECORD HIS/HER IMAGE, NAME, VOICE, LIKENESS, ACTIONS AND/OR STATEMENTS IN ANY IMAGE, FOOTAGE, OR DISPLAY, WHETHER LIVE OR RECORDED, WHICH MAY BE TAKEN AT THE GAME OR AT THE VENUE, AND TO THE USE OF SAME BY THE OHL PARTIES AT ANY TIME, FOR ANY PURPOSE (INCLUDING ADVERTISING OR PROMOTIONAL PURPOSES), AND IN ANY MEDIA NOW KNOWN OR SUBSEQUENTLY 8 DEVELOPED WITHOUT ADDITIONAL COMPENSATION. THE OHL PARTIES RESERVE THE RIGHT TO MODIFY ANY APPLICABLE POLICIES, INCLUDING THIS RELEASE, WITHOUT NOTICE. UNAUTHORIZED COMMERCIAL USE OF TICKET / UNAUTHORIZED TRANSMISSION. GAME TICKETS MAY NOT BE USED FOR ADVERTISING, PROMOTION (INCLUDING CONTESTS AND SWEEPSTAKES) OR OTHER COMMERCIAL PURPOSES WITHOUT PRIOR WRITTEN CONSENT OF BHI AND/OR THE OHL. ANY NON-EDITORIAL OR COMMERCIAL USE OF ANY BHI, OHL OR OHL CLUB MARK IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF BHI AND/OR THE OHL AS APPLICABLE. ANY UNAUTHORIZED TRANSMISSION, PICTURE OR OTHER DEPICTION OR DESCRIPTION OF ANY GAME ACTION, GAME INFORMATION OR OTHER VENUE ACTIVITY IS PROHIBITED WITHOUT PRIOR WRITTEN APPROVAL OF THE OHL.