A. General

1. These terms and conditions, together with all ticket order and account information submitted by a Member (collectively the “Terms and Conditions”) shall apply to the purchase and use by the Member of a package of tickets to Toronto Maple Leafs (“Team”) games (“Tickets”) at the arena located at 40 Bay St., Toronto, Ontario (the “Arena”) from Maple Leaf Sports & Entertainment Partnership (“MLSE”). By tendering payment to MLSE or accepting a Ticket, the Member signifies its acceptance of these Terms and Conditions and its agreement to be bound thereby.

2. For the purposes of these Terms and Conditions, “Member” means the individual or entity entered on the records of MLSE as being the account holder in respect of the purchase of a package of Tickets, “Commercial Reseller Member” means a Member who: (i) is in the business of making available for sale tickets that were originally made available for sale by a primary seller; or (ii) a Member who purchases with the primary intent of resale for commercial gain, and “Traditional Member” means a Member who is not a Commercial Reseller Member (e.g. a Member who primarily uses Tickets for personal and/or hospitality purposes).

3. Subject to any other agreement between the parties (e.g. club agreement, personal seat license, etc.), the Member acknowledges and agrees that: (i) subject to the termination rights specified herein, this membership is provided for a single National Hockey League (“NHL”) season and will expire on June 30th following the NHL season for which the Tickets have been purchased; (ii) the purchase of Ticket package(s) for any season does not entitle the Member to renew any Ticket package(s) for any subsequent season; and (iii) notwithstanding anything to the contrary in these Terms and Conditions, the opportunity to renew this membership is a personal privilege granted by MLSE which may be withdrawn by MLSE at any time and that neither party has the right or obligation to renew a season seat membership.

4. These Terms and Conditions supplement the terms and conditions printed on the reverse side of each Ticket (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 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.

5. 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 MLSE delivers the Ticket) for any reason (including, without limitation, Preemption (as defined below)) by MLSE, and, upon such revocation, MLSE shall refund or credit the holder of the Ticket in the amount of the stated face value of the Ticket, less the portion of any discount allocable to that Ticket as a result of the Ticket having been purchased as part of a Member Ticket package. MLSE shall have no liability in connection with the revocation of a Ticket other than the aforementioned refund or credit. MLSE’s right to revoke described in this Section is in addition to any other right of MLSE to terminate set forth in these Terms and Conditions or otherwise. Use of the Tickets and attendance at any game are governed by (i) the Arena policies, including security, alcohol and appropriate conduct policies (including the Arena Code of Conduct attached hereto as Schedule B hereto) (the “Arena Policies”) and (ii) applicable laws, including without limitation laws governing consumer protection and the purchase and sale of tickets.

6. The Member acknowledges that their Tickets may be subject to certain disclaimers set out in Schedule C The Member’s Ticket invoice shall reference by number the disclaimer(s) that apply to their Tickets.

7. The Member acknowledges and agrees that the Tickets being purchased hereunder are solely for the preseason and regular season Team games specified in the associated invoice and for the avoidance of doubt, shall not include tickets, to any other event or game, including, without limitation, any NHL All Star event, neutral site game, outdoor game, or playoff game (each a “League Special Event”), held in the Team’s market or hosted by the NHL at the Arena or otherwise in which the Team participates. Notwithstanding the foregoing, if the Member is a Traditional Member (i) MLSE will make reasonable efforts to secure 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 Game, and (ii) the Member will have the first right to purchase home playoff tickets corresponding to the rights specified in the Member’s Ticket package for games played at the Arena at the price(s), by the deadline(s) and upon such other terms and conditions as may be established by MLSE in its sole discretion, provided that if the Member declines to purchase playoff tickets on such terms and conditions, MLSE may sell such playoff tickets, or otherwise utilize the seats for such playoff games, as MLSE sees fit. MLSE may extend the foregoing benefits to Commercial Reseller Members in MLSE’s sole discretion.

8. The Member acknowledges and agrees that the Team and/or NHL 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 modify or discontinue, temporarily or permanently, any aspect of the rules, operations and presentations of NHL games (“Preemption”).

9. In the event that a Team game or event for which Tickets have been sold to the Member is not played or presented in the Arena for any reason, including, without limitation, Preemption, such event shall in no way be deemed, argued or construed to be a breach by MLSE of any term, condition, agreement or any other duty or obligation in connection with the sale and use of these Tickets. In such event the Member shall have its membership account credited with an amount representing the amount of the stated face value of the Ticket, less the portion of any discount allocable to that Ticket as a result of the Ticket having been purchased as part of a Member Ticket package. Unless other arrangements are agreed between MLSE and the Member, the credited funds shall, where applicable, be held by MLSE 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/or 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 MLSE determines otherwise in its sole discretion. The Member hereby waives and releases any and all claims it may have against MLSE and/or the NHL with respect to such game or event not played or presented in the Arena.

10. MLSE 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, NHL and/or Arena security requirements. If such a relocation is required, MLSE will endeavor 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.

11. A Member may be determined to be a Commercial Reseller Member by MLSE in its sole discretion at any time. MLSE shall provide written notice to a Member in the event such Member is determined to be a Commercial Reseller   Accounts belonging to Commercial Reseller Members will not be eligible to receive certain Membership Privileges (defined below) including, without limitation, preferred pricing, flexible payment options and/or additional member gifting opportunities.

12. The Member’s Ticket rights and such other privileges as may be extended by MLSE from time to time (the “Membership Privileges”) remain subject at all times to the compliance of the Member (and, with respect to (ii) – (iv), of each individual using any of the Member’s Tickets from time to time): (i) with these Terms and Conditions; (ii) with the Arena Policies; (iii) with all applicable laws including, without limitation, laws governing consumer protection and the purchase and sale of tickets; and (iv) with the Ticket Back Terms, in each case as the same may be established, enacted, modified, amended, supplemented or restated as applicable from time to time. MLSE reserves the right, in its sole discretion, to terminate a membership (and the Member’s Ticket rights and Membership Privileges), to temporarily suspend the Member’s Ticket rights or Membership Privileges, to withdraw or restrict access to Membership Privileges, to refuse to sell additional Ticket package(s) to the Member, or to not offer to renew the Member’s Ticket package(s), if MLSE (acting reasonably) determines that there has been a breach of these Terms and Conditions on the part of the Member or the individual using the Member’s Tickets, as applicable.

13. MLSE reserves the right, in its sole discretion, to amend these Terms and Conditions from time to time upon written notice to the Member. MLSE will maintain a current copy of these Terms and Conditions on the member portal which can be accessed at mlse.com/membertermsandconditions.

14. MLSE 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 MLSE.  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.

B. ADDITIONAL 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 MLSE for each season from July 1st to June 30th (each a “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. The Member understands that by selecting a ticket package, the Member gives MLSE authorization to bill the Member for the Member’s Tickets in accordance with the selected payment plan. For all Member Tickets payments, this payment authorization shall remain in effect for so long as the Member’s account remains in good standing with MLSE. The Member hereby represents and warrants to MLSE that it has the authority to approve charges in accordance with the listed payment information for the purpose of paying for the Tickets. The Member understands and agrees that MLSE is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, MLSE’s only responsibility is to correct it if and when MLSE receives written notice of the error. The Member understands that all deposits and/or payments made are non- refundable. The Member understands that it is the sole responsibility of the Member to ensure that its payment information is correct and current and to notify MLSE in writing of any errors, deficiencies or changes such that the payment information may be updated, and that the Member’s failure to do so within the specified time frame may result in a suspension or loss of Tickets and/or Membership Privileges at the sole discretion of MLSE. MLSE 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.

2. Payment Plan Options for Traditional Members. Traditional Members will have the option of three payment plans:

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

b. Semi-Annual Plan: This plan allows the Traditional Member to pay 50% of the cost of its Tickets for the following Season on or before the First Payment Date, and to pay the remaining balance on June 15th (or, if such date is not a business day, the next business day) of such calendar year. These payments may be made using a Credit Card or cheque.

c. Monthly Payment: This plan allows the Traditional Member to pay for the cost of its Tickets for the following Season by making twelve (12) payments commencing on the First Payment Date with the following payments being due on the 4th Tuesday of each of the eleven (11) subsequent months. These monthly payments may be made using a Credit Card only.

If the Traditional Member wishes to select a different payment plan at the start of a subsequent Season, the Member may do so by informing MLSE Service Team 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 MLSE.  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.

3. Payment Plan Options for Commercial Reseller Members. Commercial Reseller Members will have the option of two payment plans:

a. Annual Plan: This plan allows the Commercial Reseller Member to pay 100% of the cost of its Tickets for the following Season on or before the First Payment Date (as set out in the Notice). This payment may be made using a Credit Card or cheque.

b. Semi-Annual Plan: This plan allows the Commercial Reseller Member to pay 50% of the cost of its Tickets for the following Season on or before the First Payment Date, and to pay the remaining balance on June 15th (or, if such date is not a business day, the next business day) of such calendar year. These payments may be made using a Credit Card or cheque.

If the Commercial Reseller Member wishes to select a different payment plan at the start of a subsequent Season, the Commercial Reseller Member may do so by informing MLSE Service Team 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 MLSE.

4. Declined Credit Card Payments. If the Member’s Credit Card on file is declined for a given payment for any reason, MLSE will re-run the Credit Card 24 hours later, and again 48 hours after the payment was initially declined. MLSE will make all reasonable attempts by email and/or telephone to request that the payment information be updated. If after five (5) business days, 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.  If a Member enrolled in the Annual Plan or Semi-Annual Plan misses a payment, and the payment remains outstanding for ten (10) or more business days, MLSE may terminate the Member’s account. If a Member enrolled in the Monthly Payment Plan misses three (3) consecutive payments, MLSE may terminate the Member’s account. If the Member account is terminated, MLSE reserves the right to resell Tickets for future games. In the event that MLSE terminates the Member’s account, MLSE will provide written notice to the Member.

5. Bounced Cheques. If a Member’s cheque for a given payment bounces, the barcodes for the Member’s Tickets shall be suspended until payment in full is made. MLSE will make all reasonable attempts by email and/or telephone to request that the payment information be updated. If after five (5) business days, 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.  If a Member enrolled in the Annual Plan or Semi-Annual Plan misses a payment, and the payment remains outstanding for ten (10) or more business days, MLSE may terminate the Member’s account. If a Member enrolled in the Monthly Payment Plan misses three (3) consecutive payments, MLSE may terminate the Member’s account. If the Member account is terminated, MLSE reserves the right to resell Tickets for future games. In the event that MLSE terminates the Member’s account, MLSE will provide written notice to the Member.

6. Automatic Payment Plan. In connection with the Member’s purchase of the Tickets for the upcoming Season, the Member is subject to an automatic payment plan (the “Payment Program”). Through the Payment Program, the Member will have its Tickets automatically renewed for the upcoming Season on the relevant First Payment Date, until such time as the Member or MLSE chooses not to renew the membership.

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

A Member who purchases a ticket package, expressly authorizes the initial and continued payment in accordance with its selected payment plan for the current Season and for each subsequent Season, until the earliest to occur of the following: (i) the Member chooses to change its then current payment plan; (ii) the Member opts out of the Tickets; or (iii) the Member’s membership is terminated by the Member or MLSE.

Schedule A

TICKET BACK TERMS

IMPORTANT! PLEASE READ. WARNING! DESPITE ENHANCED SPECTATOR SHIELDING MEASURES, PUCKS, STICKS OR OTHER OBJECTS MAY STILL 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. The holder of this ticket, on behalf of the holder and any minor accompanying the holder (individually and collectively, the “Holder”), is admitted on condition and, by using this ticket and entering the arena, agrees to be bound by all of the terms of this ticket license. The arena is a strictly enforced smoke-free environment. Bottles, coolers and containers of any kind are not allowed into the arena and may be confiscated. Tickets obtained from unauthorized sources may be stolen or counterfeit and may not be honored. Tickets cannot be replaced if lost, stolen or destroyed. This ticket is a revocable license which may be withdrawn and admission refused at any time upon refunding to Holder the printed purchase price. This license will automatically terminate if any term is breached. This ticket may not be offered for resale in any manner which would violate any applicable law or regulation. This ticket may not be used for any form of commercial or trade purpose, including, without limitation, advertising, promotions, contests, sweepstakes, or giveaways, without the express prior written consent of Maple Leaf Sports & Entertainment Partnership (“MLSE”). HOLDER VOLUNTARILY ASSUMES ALL RISKS AND DANGER OF PERSONAL INJURY and all other hazards related to the event for which ticket is issued (the “Event”), whether occurring prior to, during or after the Event, including, without limitation, danger of injury by hockey pucks, sticks and other equipment, by spectators or players, or by thrown objects. Holder agrees that MLSE, Maple Leaf Sports & Entertainment Ltd., the arena, the National Hockey League (“NHL”), the member clubs of the NHL, NHL Enterprises, L.P., the NHLPA and its current and former players, and each of their respective affiliates, parents, subsidiaries, related entities, owners, governors, officers, directors, partners, principals, employees, representatives and agents are expressly released by Holder from any claims arising from or relating directly or indirectly to such causes or otherwise occurring at or in connection with Event. Holder grants permission to the NHL (and its designees and agents) and MLSE to utilize the Holder’s image, likeness, actions 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 (or activities carried on in connection therewith) in any medium or context without further authorization or compensation. Holder further agrees to abide by all policies of MLSE, NHL, its member clubs, the arena and the instructions of arena personnel and acknowledges that failure to abide may result in revocation of the license created by this ticket, without refund. Any non-editorial or commercial use of any NHL or NHL club mark is prohibited without the express prior written consent of NHL. Any unauthorized transmission, picture or other depiction or description of any game action, game information or other arena activity is prohibited without the express prior written consent of NHL and MLSE.

The Holder and the Holder’s belongings may be searched upon entry into the arena, and the Holder consents to such searches and waives any and all related claims that might arise against the NHL and MLSE. If the Holder elects not to consent to such searches, the Holder will be denied entry into the arena.

Schedule B

Arena 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 arenas currently known as the Scotiabank Arena and Coca-Cola Coliseum (the “Venues”), 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, arena 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) except in specifically designated areas;
  • 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.

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 by suite holders, Toronto Maple Leafs, Toronto Raptors, or Toronto Marlies season ticket members, 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 applicable league rules and/or requirements, your Membership Seat location may be relocated for 2019 playoff games, as well as for select games in the 2019-20 Season. In the event that this occurs, we will do our best to relocate you based on available inventory.

2. Accessible Seating Relocations: Please note that your Membership seats are located in an accessible seating area of the arena. In order to provide access to members of the accessible needs community, MLSE 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.

3. NHL TV Broadcast Relocation: Please note that, due to NHL broadcast obligations, you may be relocated from your Membership Seat location as a result of camera placements and/or league requirements for the 2019 NHL Playoffs, as well as for select games in the 2019-20 season. In the event that this occurs, we will do our best to relocate you, based on available inventory.

4. Rogers SkyCam: Please be advised that the Rogers Skycam will continue to operate for select Toronto Maple Leafs home games during the 2019-20 NHL season.

5. Videoboard Obstruction: In the event that your seat is obstructed for the 2019-20 Season due to the digital videoboard around the 300 level, we will provide you with a 20% refund of your ticket price for all games while this obstruction remains in place.

6. Membership Benefits: Please note that based on the use of the tickets purchased under this Membership account primarily for personal and/or hospitality purposes, this account is eligible to continue to receive Member benefits during the 2019-20 season. Member benefits include, without limitation, preferred pricing, flexible payment options and additional member gifting opportunities.  MLSE reserves the right to terminate your eligibility for certain Member benefits at any time, including in the event that MLSE determines, in its sole discretion, that the tickets purchased under this Membership account are being used primarily for resale.

7. Identified Ticket Broker: Please note that based on the use of the tickets purchased under this Membership account primarily for resale, this account is no longer eligible to receive certain Member benefits including, without limitation, preferred pricing, flexible payment options, commemorative stock tickets and additional member gifting opportunities.  If you believe this assessment of your membership account has been made in error, please contact MLSE at (416) 366 3865 or TicketResale@MLSE.com.