Toronto Tempo Season Ticket Terms and Conditions

TERMS AND CONDITIONS RELATING TO TORONTO TEMPO TICKET PACKAGES

A. GENERAL TERMS.

  1. Terms. These terms (the “Terms”) shall apply to the purchase and use by the Member of a package of tickets at a Venue (“Tickets” and each a ticket a “Ticket”) to Toronto Tempo (“Team”) games at 19 Nunavut Rd (Coca-Cola Coliseum) and/or 40 Bay St. (Scotiabank Arena) (each, a “Venue”) from Tempo Basketball Club Inc. (“Tempo”). By purchasing or accepting a Ticket, the Member agrees to be bound by these Terms.
  2. Privacy. Personal information submitted to the Tempo by the Member will be treated by the Tempo in accordance with the Tempo’s privacy policy, available at https://tempo.wnba.com/privacy-policy (the “Privacy Policy”). The Member acknowledges that it has read, understands, and agrees to the Privacy Policy, and authorizes the collection, use, and disclosure of any information submitted to or collected by the Tempo in connection with its Membership in accordance with the terms of the Privacy Policy.
  3. Definitions. In these Terms, “Member” means the individual or entity in the Tempo’s records as the account holder in connection with: (i) the purchase of a package of Tickets (a “Membership”). “Commercial Reseller Member” means a Member who: (i) is in the business of making available for sale tickets that were originally made available for sale by a primary seller; or (ii) a Member who purchases Tickets with the primary intent of resale for commercial gain. “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).
  4. Renewal. The Member acknowledges and agrees that notwithstanding anything else herein, the chance to renew this Membership is a personal privilege which may be withdrawn by Tempo at any time. Without limiting the foregoing, neither party has the right or obligation to renew a Membership.
  5. Ticket Back Terms. These Terms are supplementary to the Ticket Back Terms printed on the reverse of each physical Ticket or provided digitally for mobile Tickets. The Ticket Back Terms bind both the Member and every individual who uses any of the Member’s Tickets. The current Ticket Back Terms appear in Schedule A. If an inconsistency arises between these Terms and the Ticket Back Terms, these Terms shall govern to the extent of the inconsistency.
  6. Revocation. Each Ticket is a limited, revocable license to attend the game described on the Ticket face that may be revoked at any time for any reason by Tempo, and, upon such revocation, unless otherwise stated herein, Tempo shall refund (to the original payment method) or credit the holder of the Ticket the amount actually charged to Member for such Ticket (including by money or credit) (“Ticket Price”). Tempo shall have no liability in connection with the revocation of a Ticket other than the aforementioned refund or credit. Tempo’s rights described in this Section are in addition to any other right of Tempo to terminate set forth in these Terms or otherwise.
  7. Disclaimers. The Member acknowledges that their Tickets may be subject to certain disclaimers set out in Schedule C hereto.
  8. Special Events and Playoffs. The Member acknowledges and agrees that the Tickets being purchased hereunder are solely for the preseason and regular season Team home games at the Venues (“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 Women’s National Basketball Association (“WNBA”) All Star event, neutral site game not played at a Venue, outdoor game, or playoff game (each a “Special Event”). Notwithstanding the foregoing, if the Member is a Traditional Member (i) Tempo will make reasonable efforts to give the Member some priority (before the general public) to purchase a limited number of tickets for any Team home game that is a Special Event in Toronto, and (ii) Members who purchased season Tickets in that Season will have the right to purchase home playoff tickets corresponding to the rights specified in the Member’s Ticket package for Team Games, in each case, at the price(s), in the quantities, by the deadline(s) and upon such other terms and conditions as may be established by Tempo in its sole discretion, provided that if the Member declines to purchase Special Event tickets on such terms and conditions, Tempo may sell such tickets, or otherwise utilize the seats for such Special Events, as Tempo sees fit. Tempo may extend the foregoing benefits to Commercial Reseller Members in Tempo’s sole discretion.
  9. Event Changes.
  1. Relocation. Tempo may relocate the seats in the Member’s Ticket package at any time for any reason, including, without limitation, due to broadcast, WNBA and/or Venue security or health and safety requirements. In such case, Tempo will try to relocate the Tickets to seats in a substantially similar or better location within the applicable Venue.
  2. Commercial Resale. Tempo may determine a Member is a Commercial Reseller Member at any time by providing them written notice. In addition to Tempo’s other rights in these Terms, accounts belonging to Commercial Reseller Members may be terminated (in Tempo’s sole discretion) and will not be eligible to receive certain Membership Privileges (defined below) (e.g., tickets to Team Games, pricing, payment options, and gifting opportunities). For example, and without limiting Tempo’s sole right to determine activities in violation of this section or any Ticket disclaimers, the Member will be deemed to be a Commercial Reseller Member where more than fifty percent (50%) of the Tickets as part of any Ticket package are offered for sale or sold at a price greater than the Ticket Price.
  3. Member Privileges. The Member’s Ticket rights and privileges granted by Tempo from time to time (the “Membership Privileges”), including, without limitation, use of the Tickets and attendance at a Venue, remain subject at all times to the compliance of the Member (and each individual using any of the Member’s Tickets from time to time): (i) with these Terms; (ii) with the applicable Venue policies; (iii) with all applicable laws; and (iv) with the Ticket Back Terms, in each case as may be enacted, amended, supplemented or restated from time to time. Tempo will maintain a current copy of these Terms on the Member portal which can be accessed at https://am.ticketmaster.com/tempo. Tempo 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 Tempo (acting reasonably) determines that there has been a breach of these Terms on the part of the Member or an individual using the Member’s Tickets.
  4. Promotional Offers. Tempo reserves the right, in its sole discretion, to extend optional Member promotional offers (“Promotional Offers”). Promotional Offers may be subject to such additional terms and conditions as communicated by Tempo. In the event of a conflict between the terms of the Promotional Offer and these Terms, the terms of the Promotional Offer shall govern.
  5. Ejections. If the Member or any Ticket user is ejected for any reason from a Team game or event, Tempo may, in its sole discretion, revoke the Membership related to such Member or Ticket user.
  6. Mobile Tickets. All Tickets will be issued in the form of “mobile tickets” which can be displayed on a mobile device.  No paper tickets will be issued other than on an exception basis as determined by Tempo.
  7. Accessible Seating. Members with accessible seating Tickets may 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, the Member will be permitted to select new non-accessible seating seat location(s) from the then available inventory. Members with an accessible seating Ticket(s) Membership may only transfer their Membership to another individual who confirms a requirement for accessible seating.
  8. Assignment. The Membership may only be registered in the name of one adult individual or one legal business entity, identified as the Member. The Membership, and/or any benefits or privileges the Member may have in connection with the Membership, may not be assigned, sublet, or transferred in any manner, whether voluntarily or by gift, bequest, or operation of law, by the Member to any other person or entity without the express written consent of Tempo. Tempo’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 Tempo’s records. Tempo reserves 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. Member (including on behalf of those using Member’s Tickets) agrees to only sit in their ticketed seats and to show Tickets to Venue and Tempo staff promptly upon their request.
  9. RELEASE
  1. Acknowledgments and Risks.   THE MEMBER FULLY UNDERSTANDS AND KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS RELATED TO THEIR ENTRY INTO, AND PRESENCE IN, THE APPLICABLE VENUE, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS, PERSONAL INJURY, DISABILITY, PERMANENT DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MEMBER, THE TEMPO, THE WNBA 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.
  2. Release, Waiver of Liability. On behalf of themselves and each of their Related Persons, Member hereby knowingly, voluntarily, irrevocably, and forever releases, waives, and discharges (and covenants not to sue), Tempo and the WNBA (and their related 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 Tempo as a result of or that relate in any way to: (i) Member’s exposure to a contagious disease; (ii) Member’s travel to and from, entry into, or presence within, the applicable Venue or compliance with protocols that may be implemented from time to time by Tempo and/or third parties or any other policies or protocols applicable to the applicable Venue; (iii) any interaction between Member and any personnel of Tempo present at the Venue (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 18.a, in each case whether caused by any action, inaction, or negligence of Tempo, the WNBA (or its related parties), or otherwise.
  3. Fan Restrictions. Member acknowledges that due to federal, provincial or municipal rules, Tempo may be restricted or prohibited from having fans in attendance at Team Games (“Fan Restrictions”). The Member further acknowledges that in the event that Tempo is subject to Fan Restrictions, that Tempo may in its sole discretion determine seating allocations (if any) within the applicable Venue for Team Games at the applicable Venue, which may include but not be limited to Disruption, having third parties seated in the Member’s season Ticket(s) seats and/or assigning seat(s) to the Member which are different than their Membership Ticket package.
  4. Representations. Member acknowledges, agrees, represents and warrants that: (a) all information provided in connection with the Tickets is true and correct in all respects and Member has not engaged in any deceptive or misleading practices in connection with their purchase of Tickets. Member understands that the contents of any visual presentations, marketing materials, brochures, or other oral or written communications made by the Tempo or their affiliates about Tickets are for illustrative purposes only, and shall in no way constitute a representation, warranty, covenant or promise relating to Tickets.

B. ADDITIONAL TERMS FOR 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 Tempo for each season, which is typically from November 1st to October 31st (each a “Season”), and further agrees that subject to availability, the selected payment plan will, absent notice to or from Tempo, 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 Tempo 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 Tempo or until Member rescinds this payment authorization in accordance with these Terms. The Member hereby represents and warrants to Tempo 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 Tempo is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, Tempo’s only responsibility is to correct it if and when Tempo 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 Tempo 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 Tempo. Tempo 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 Members. Members will, unless otherwise communicated by Tempo, have the option of three payment plans:
      1. Annual Plan:This plan allows the 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 and defined below).
      2. 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.
      3. Quarterly Payment Plan: This plan allows Member to pay for the cost of their Tickets for the following Season by making quarterly payments (the timing and the amount of each payment will be communicated annually in the Notice) commencing on the First Payment Date. The Quarterly Plan is not available for Commercial Reseller Members.

        All payments will be made to Tempo by credit cards, debit cards or electronic funds transfers, in each case, as approved by Tempo. Notwithstanding the foregoing, Tempo reserves the right to make modifications to the payment plan options (e.g., modify the payment dates, modify the number of payments, etc.). In such event, Tempo 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 Tempo for the affected Season. A Member must select one of the available payment plans. If the Member wishes to select a different payment plan at the start of a subsequent Season, the Member may do so by informing the Tempo ticketing service team (including via the online web form found on https://am.ticketmaster.com/tempo/memberforms )  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 Tempo.

    3. Failure to Make Payments. If a Member enrolled in the above annual plan, semi-annual plan, or quarterly plan misses a payment, and the payment remains outstanding for ten (10) or more business days, Tempo may suspend or terminate the Member’s account upon written notice to the Member. If the Member account is terminated, Tempo reserves the right to resell their previously issued Tickets for future Team Games. If a Member’s payment method on file is declined for a given payment for any reason, Tempo will re-run the payment method 24 hours later, and again 48 hours after the payment was initially declined. Tempo will make reasonable attempts by email and/or telephone to request that the payment information be updated.  No refund or credit will be issued for any Team Games missed during this or any suspension.
    4. 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, unless otherwise communicated by Tempo, have its Tickets automatically renewed for the upcoming Season on the relevant First Payment Date, until such time as the Member or Tempo chooses not to renew the Membership.
    5. Membership Deposit.  Tempo may, in its sole discretion, require in advance of a Season the payment by the Member of a Membership deposit (“Deposit”).  If so required, Tempo will provide the Member with at least thirty (30) days advance 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 Tempo. Tempo will make reasonable attempts by email and/or telephone to 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 on written notice to Member. Following payment of the Deposit, Tempo 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 Tempo, 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 Tempo to select a preferred method of payment and/or payment plan.
    6. Notice. Tempo shall endeavor to provide each Member with at least thirty (30) days in advance of each upcoming renewal date for their Ticket package (the “Notice”). The Notice shall include: (i) the relevant first payment or renewal date (the “First Payment Date”); (ii) new Tickets pricing; (iii) any Promotional Offers; (iv) any material changes to these Terms; and (v) the method for the Member to indicate its desire not to renew its Membership. If a Member does not cancel their Membership and/or provide notice that they do not want to renew the Ticket package prior to the First Payment Date, the Member shall be obligated to pay for all Tickets covered in the Notice for the entire Season, regardless of their selected payment plan. For clarity, purchases of new Ticket packages (i.e. not renewals) are not subject to the above thirty (30) day notice period.
    7. No-Cancellation.  Members may not cancel their Membership and Ticket package at any time during a Season.

Schedule A

  1. PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED GAME OR EVENT FOR WHICH IT IS ISSUED.
  2. This ticket is a revocable license, and the holder of this ticket, on behalf of the holder and any accompanying minor, including a minor holding a separate ticket (individually and collectively, the “Holder”), agrees to all of its terms. The Holder agrees that this ticket license is subject to these terms and conditions, as well as any additional terms and conditions established by the [insert team name] and/or its affiliates (the “Team”), the Women’s National Basketball Association and/or its affiliates (the “WNBA”), and any operator of the arena or related arena grounds (including, without limitation, parking areas and entry gates) (the “Arena”) at which the event or any surrounding activities (in whole or in part) for which this ticket is issued (the “Event”) is held (collectively, all such additional terms, “Supplemental Terms”). By purchase, acceptance and/or use of this ticket and/or entering (or seeking entry into) the Arena, the Holder is deemed to have read all such terms and agreed to be bound by them. The Holder also acknowledges that such terms may be updated at any time, and by purchase, acceptance and/or use of this ticket, the Holder additionally agrees to all such updated terms. The Holder must also comply with all federal, local, provincial and state laws, rules and regulations.
  3. ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES EXCEPT AS PROVIDED HEREIN. THE SOLE AND EXCLUSIVE REMEDY (IF ANY) IF ADMISSION IS REFUSED OR REVOKED, OR THE EVENT IS CANCELLED AND NOT RESCHEDULED, IS A REFUND OF UP TO THE TICKET’S FACE VALUE SET BY THE TEAM (THE “FACE VALUE”). IN NO EVENT SHALL THE TEAM, WNBA, OR ARENA BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES BEYOND THE FACE VALUE OF THE TICKET, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF FACE VALUE FOR THIS TICKET.

    The Event date and time (and gate opening) are subject to change at the Team’s sole discretion, and no such change shall entitle the Holder to a refund or other remedy if the Holder cannot attend or for any other reason. The Holder may be relocated in the Team’s sole discretion, and no such relocation shall entitle the Holder to a refund or other remedy if the Holder is relocated to a seat or location of comparable Face Value.

  1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU HAVE THE LIMITED RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT IN THIS PARAGRAPH AS SET FORTH BELOW. THIS IS A SUMMARY OF MANDATORY TERMS. For full terms related to dispute resolution, please visit https://www.wnba.com/terms-of-use and review sections 17, 18 and 19 therein, which terms you agree will apply, except as provided herein. Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and the Team, WNBA, or Arena, a written notice (a “Dispute Notice”) must be sent with the following information: (i) name, contact information (address, telephone number, and email address), and account information if applicable; (ii) a description of the nature and basis of the dispute; and (iii) a description of the nature and basis of the relief sought, including a calculation for it. If the Holder has a dispute, they shall send the Dispute Notice to Tickets@tempobasketball.com. The Holder and the Team, WNBA, and/or Arena agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice. If the parties cannot resolve the dispute within the Negotiation Period, the dispute shall be resolved by binding arbitration. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. The NAM Rules shall govern the payment of all arbitration fees. Notwithstanding the foregoing, the Team will consider a request to reimburse your portion of the arbitration fees upon a showing of hardship in its sole discretion and assuming you do not qualify for a waiver from NAM. All issues are for the arbitrator to decide except the following items (which are for a court of competent jurisdiction to decide): (i) issues that are specifically reserved for a court; (ii) issues related to the scope and enforceability of the arbitration provisions; and (iii) whether a dispute can or must be brought in arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOLDER, ARENA, TEAM AND WNBA AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOLDER, ARENA, TEAM AND WNBA WAIVE THE RIGHT TO A JURY TRIAL. There are also additional procedures for “mass filings,” as set forth in the NAM Rules. In addition, these terms and any disputes between you and the Arena, Team, and/or WNBA will be governed by the laws of the State of New York without regard to its principles of conflicts of laws. To the fullest extent permitted by law, the provincial and federal courts of Toronto, Ontario shall have exclusive jurisdiction over any disputes between you and the Arena, Team, and/or WNBA (except for disputes brought in small claims court) that are not subject to arbitration. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE ARENA. You have the right to opt out of arbitration under these Terms by sending the Team a personally signed, written notice of your decision to opt out via email to Tickets@tempobasketball.com within the earlier of the Event date or thirty (30) days after purchase of your ticket. Such an opt out will not opt you out of an arbitration agreement you might otherwise have with the Arena, Team, and/or WNBA.
  2. The Holder agrees not to create, transmit, distribute, misappropriate or sell (or aid in creating, transmitting, distributing, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including (without limitation) play-by-play data), picture, photograph, image, video, audio, livestream or other form of exploitation or reproduction of the Event (collectively, “Event Works”). Notwithstanding the foregoing, the Holder agrees that by causing this ticket to be scanned upon entry, the Holder shall be deemed to have signed the ticket and granted to the Team and WNBA an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with any Event Works. This ticket may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express written consent of the Team and WNBA.
  3. This ticket and the Holder’s admission to the Arena are subject to all safety and health requirements and policies relating to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”) put in place by the Team, WNBA, and Arena, including any such policies and requirements described in the Supplemental Terms (collectively, the “Safety Requirements”). The Holder acknowledges and agrees to comply with the Safety Requirements and acknowledges and agrees that attendance at the Event is conditioned on such compliance.
  4. The Holder agrees, on behalf of the Holder and Holder’s Related Persons (defined below), that the Holder and each such other individual will not attend the Event if any such individual has been directed by a healthcare provider or public health authority to quarantine, isolate, or otherwise refrain from interacting with members of the public due to a diagnosis of or exposure to COVID-19 or any illness or other medical condition.
  5. To ensure that all Event patrons agree to, and comply with, all Safety Requirements and all other WNBA, Team and Arena rules, this ticket may not be resold or offered for resale on any platform other than a platform expressly authorized by the Team or the WNBA. Without limiting the foregoing, any transfer of this ticket to any person who fails to satisfy any Safety Requirement may be voided by the Team and this ticket cancelled.
  6. Breach of any of these terms, failure to comply with Safety Requirements or WNBA, Team and/or Arena rules, or the refunding to the Holder of the Face Value, shall automatically terminate any rights that the Holder may have hereunder; shall render illegal and unauthorized the Holder’s use of the ticket for any purpose; and shall authorize the Team and/or the WNBA to withdraw the ticket, refuse admission to the Arena, or eject the Holder from the Arena, without refund or credit in each case, and subject the Holder to all legal remedies available to the WNBA, Team and/or Arena.
  7. THE HOLDER EXPRESSLY ACKNOWLEDGES AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID 19. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN CATEGORIES OF PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS. THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, OR A BACTERIA, VIRUS OR OTHER PATHOGEN CAPABLE OF CAUSING A COMMUNICABLE DISEASE OR ILLNESS), LOST, STOLEN, DAMAGED OR CONFISCATED PROPERTY, AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE EVENT (INCLUDING COMPLYING WITH THE SAFETY REQUIREMENTS), WHETHER OCCURRING PRIOR TO, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.
  8. On behalf of the Holder and the Holder’s Related Persons (defined below), the Holder further hereby releases (and covenants not to sue) each of the Released Parties (defined below) with respect to any and all claims that the Holder or any of the Holder’s Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19; (ii) entry into, or presence within or around, the Arena or the Event (including all risks related thereto) or compliance with any protocols or Safety Requirements applicable to the Event; or (iii) any interaction between the Holder and the Holder’s Related Persons, on the one hand, and any personnel of any of the Released Parties present at the Event, on the other hand, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.

As used herein:

“Related Persons” means the Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Event with the Holder or for whom Holder has obtained an Event ticket (which persons the Holder represents have authorized the Holder to act on their behalf for purposes of these terms), and other persons acting or purporting to act on the Holder’s or their behalf.

“Released Parties” means: (i) the Women’s National Basketball Association and its teams (including the Team), and each of their respective direct and indirect owners, affiliates, players and coaches, administrators, designees, licensees, and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Arena; (iii) all third parties performing services at the Arena; (iv) any parents, subsidiaries, affiliated and related companies of each of the entities described in clauses (i)-(iii); and (v) the officers, directors, owners, members, managers, partners, employers, employees, agents, contractors and sub-contractors (and employees of such contractors and sub-contractors), insurers, representatives, other personnel, successors and/or assigns of each of the foregoing entities and persons described in clauses (i) – (iv), whether past, present or future and whether in their institutional or personal capacities.

  1. The Holder and the Holder’s belongings may be searched upon entry into the Arena and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the WNBA, Team and/or Arena, and the Holder hereby consents to the foregoing and waives any related claims that might arise against the WNBA, Team or Arena. If the Holder elects not to consent, the Holder will be denied entry into the Arena without refund or credit.
  2. The Holder grants permission to the WNBA and Team (and their respective designees and agents) to utilize the Holder’s image, likeness, actions and statements in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium, whether now known or hereafter created, or context for any purpose, including commercial or promotional purposes, without further authorization or compensation. In addition, the Holder grants to the WNBA and Team permission to collect, use, share and store certain Holder facial and other biometric information as permitted by law, including for security purposes.
  3. Without limiting the foregoing, the Holder agrees not to give or offer this ticket in a manner that would constitute a violation of the U.S. Foreign Corrupt Practices Act, any other anti-bribery law or regulation, or any conflicts of interest law, regulation, or policy.
  4. Except as specifically provided herein, if any provision of these terms or the Supplemental Terms is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

 Schedule B

CODE OF CONDUCT

Tempo Basketball Club Inc. (“Tempo”) is committed to providing a safe, comfortable and enjoyable experience that is inclusive, free of discrimination and harassment in all venues hosting its games (each a “Venue” and collectively the “Venues”). Everyone is welcome and should expect and help to promote an environment where people are treated in a courteous, professional, considerate and respectful manner by everybody present. Accordingly, Tempo has a zero-tolerance policy towards acts of intolerance, racism, or discriminatory behaviour of any kind and will not tolerate unsafe, abusive, unlawful, inciting, or offensive conduct in the Venues. This Code of Conduct addresses conduct that is inconsistent with these goals and detracts from the overall fan experience.

The following conduct is prohibited in the Venue, parking lots, facilities and areas controlled by Tempo, the WNBA and the Venue’s operators, and during any interactions with Tempo staff and representatives (e.g. on the phone):

‍Failure to abide by this Code of Conduct is subject to sanctions at the discretion of Tempo, which may include ejection, suspension of entry privileges, arrest, prosecution and banishment from any or all Tempo facilities whether or not a warning is issued. Any fan who conducts themselves in an extremely disruptive or dangerous manner or commits any violations hereof, may be banned from attending Tempo facilities or any and all events hosted by the applicable league indefinitely.

Fans who are ejected will have their tickets revoked and will not be compensated in any way. Ejection may also result in the loss of tickets or other privileges.

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, season ticket members, or by anyone using their tickets, may result in loss of season tickets or 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. Tempo 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. Tempo reserves the right to prohibit the entry of items which may, in Tempo’s opinion, interfere with the ability of other guests to enjoy the game or event.

Fans are reminded that they are also subject to compliance with the policies and/or codes of conduct in place for specific teams, leagues or promoters hosting events at the Venues, including, without limitation:

  1. National Basketball Association Fan Code of Conduct available at https://www.nba.com/nba-fan-code-of-conduct

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 at FanServices@mlse.com or call us at 416-815-5982.

“Prohibited Items”

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 Tempo or WNBA rules and/or requirements, your membership seat location may be relocated for WNBA regular season and/or playoff games. In the event that this occurs, we will do our best to relocate you based on available inventory. The availability of playoff tickets is subject to existing or future commitments of the WNBA and the Tempo, including commitments to the press and any broadcast partners. Furthermore, the Tempo reserves the right to offer season ticket holders different seat locations than their regular season tickets with respect to any playoff tickets.
  2. Reduced Capacity: Please note that due to health and safety measures, fan capacity restrictions at the arena may be put in place during the WNBA season.  In the event of reduced fan capacity restrictions for WNBA games during the season, Tempo reserves the right to (i) recall tickets (including any tickets which have been resold/transferred) and (ii) allocate access to available ticketing inventory, and Tempo will use reasonable efforts to provide members with the opportunity to purchase from the available ticketing inventory.
  3. Accessible Seating Relocations: Please note that if your membership tickets are located in an accessible seating area of the arena, Tempo reserves the right, on a game-by-game basis, to relocate individuals using your membership tickets in the event that your membership seats are not occupied by persons of accessible needs. Any such relocation will be based on available inventory.‍
  4. Accessible Seating Confirmation Required: Please note that if your membership ticket(s) are designated as accessible seating, you are required to provide Tempo 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.  ‍
  5. Membership Benefits: Tempo reserves the right to terminate your eligibility for certain member benefits at any time, including in the event that Tempo determines, in its sole discretion, that the tickets purchased under this membership account are being used primarily for resale.‍ Any sale, resale, assignment, or transfer of this ticket, or any of the rights evidenced thereby, in any manner contrary to applicable law or regulation, as well as any attempt at any of the foregoing, is strictly prohibited. Tickets may not be used for advertising, promotion (including contests, giveaways and sweepstakes), or other trade or other commercial purposes without the prior written consent of Tempo.
  6. Identified Ticket Broker: Please note that based on the use of the tickets purchased under this membership account primarily for resale, this account will be no longer eligible to receive certain member benefits including, without limitation, preferred pricing, flexible payment options and additional member gifting opportunities.
  7. WNBA TV Broadcast Relocation: Please note that, due to WNBA broadcast obligations, you may be relocated from your membership seat location as a result of camera placements and/or league requirements for the WNBA playoffs, as well as for select WNBA regular season games. In the event that this occurs, we will do our best to relocate you, based on available inventory.