TERMS AND CONDITIONS
The following terms and conditions (the “Agreement”) apply to all Vancouver Whitecaps FC (“Whitecaps FC”) tickets, however obtained, including through a Tier 1 ‘Caps Club Membership or purchase of a ticket package. The breach by a Whitecaps FC ticketholder of any of the terms and conditions contained herein will automatically terminate the grant of license evidenced by the ticket.
1. In this Agreement “VWFCLP” means the VANCOUVER WHITECAPS FC LIMITED PARTNERSHIP, being the entity that operates the professional Major League Soccer (“MLS”) team, Whitecaps FC.
2. Every Whitecaps FC ticket is a revocable license which may be withdrawn and admission refused to any Whitecaps FC event in respect of which the ticket has been issued at any time, in VWFCLP’s sole discretion.
3. With the sole exception of any Whitecaps FC ticket acquired in connection with a Tier 1 ‘Caps Club Membership (whose resale terms are governed under a separate agreement), the resale or attempted resale of any Whitecaps FC ticket at a price higher than that printed thereon, including tax, unless previously expressly authorized by VWFCLP, is grounds for seizure or cancellation without refund or other compensation.
4. The ticketholder of Whitecaps FC tickets hereunder is admitted to Whitecaps FC events on the condition that by using that ticket, the ticketholder agrees:
(a) to submit to, and honestly answer, any screening questions and protocols, including with respect to COVID-19;
(b) to comply with any policies introduced by VWFCLP from time to time; and
(c) that the ticketholder will not create, transmit, display, distribute, exploit, misappropriate or sell (or aid in such activity) any description or account (in any form, whether text, data or visual, and including, without limitation, play-by-play data) of the event for any commercial, non-personal, purpose; or (b) create, transmit, display, distribute, exploit or sell (or aid in such activity) any photographs, images, videos, livestreams, audio or other form of display or public performance or reproduction of any portion of the event (the “Works”). Notwithstanding the foregoing, the ticketholder agrees that by using a ticket to enter BC Place Stadium, the ticketholder shall be deemed to have granted Major League Soccer, LLC and VWFCLP an exclusive worldwide, irrevocable, perpetual, sub-licensable, royalty-free license to all rights associated with the Works.
5. Whitecaps FC tickets may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without VWFCLP’s advance express written consent.
6. VWFCLP’s acceptance of payment for a ticket (individually, or as part of a ticket package or Tier 1 ‘Caps Club Membership) from any individual or entity who is not the account holder for such ticket does not grant any rights to such tickets to such individual or entity. Any rights or privileges associated with a ticket package, Tier 1 ‘Caps Club Membership, or single event ticket belong only to the account holder of record as entered on VWFCLP’s records. VWFCLP reserves the right to require that any transaction pertaining to a ticket package, Tier 1 ‘Caps Club Membership, or a single event ticket held in a corporate name be supported by appropriate corporate resolutions or other documents.
7. Ticketholders have no right to transfer the seat locations designated by their ticket package or Tier 1 ‘Caps Club Membership to any person or entity, whether by a request to transfer the account into another name, or by an attempt to transfer the seat locations by sale, gift, transfer by will or trust, property settlement, transfer to creditors or any other means. Any attempt to sell or otherwise transfer ticket privileges may result in the cancellation of all ticket privileges.
8. Notwithstanding the previous section 7, VWFCLP may allow an individual ticketholder to request transfer of all ticketholder privileges to that ticketholder’s immediate family, and if the ticketholder is a business, will allow a change in the name of the contact person for its account. A request to transfer ticketholder privileges to a family member or to change the contact person must be submitted to the Whitecaps FC Fan Services department in writing (via certified mail, return receipt requested), and must be supported by appropriate documentation (proof of relationship, official letterhead, signature of authorized company officer, etc.) satisfactory to VWFCLP. VWFCLP reserves the right to approve or reject any such requests for any reason in VWFCLP’s sole discretion.
9. The ticketholder grants the perpetual, irrevocable, royalty-free right to VWFCLP, all MLS clubs, Major League Soccer, LLC, and Soccer United Marketing LLC (and their respective sponsors, licensees, advertisers, broadcasters, designees, and agents) to use, publish, edit, and alter the ticketholder’s image, likeness, voice, actions, and statements in any medium including, without limitation, any audio, video, film, photographs, social media, exhibition, publication, or reproduction of the event to which such individual is admitted for any purpose without further authorization or compensation and waives all claims and potential claims relating to such use unless prohibited by law. The ticketholder further authorizes the use of the ticketholder’s image or likeness in connection with the promotion of VWFCLP (including, without limitation, the promotion of Whitecaps FC), the MLS, and the sport of soccer.
10. Each ticketholder’s use of Whitecaps FC tickets is subject to compliance with the provisions of any bylaws or regulations of BC Place Stadium and/or the City of Vancouver and all terms and conditions of VWFCLP applicable to such tickets including, without limitation, the following:
- ticketholders are prohibited from bringing cans, bottles and containers for ice or beverages in the event venue;
- ticketholders are prohibited from throwing objects in the stands or onto the playing area;
- ticketholders shall comply with any request by event venue security to display the contents of bags, boxes, packages, etc.;
- ticketholders shall comply with all public health orders and guidelines; and
- ticketholders shall retain the stub of their ticket on their person at all times while in the event venue pursuant to the right of admission evidenced by the ticket and shall produce the stub upon request by any event venue representative.
11. Ticketholders engaging in disorderly or objectionable conduct in violation of VWFCLP and event venue policies may, in VWFCLP’s sole discretion, be ejected from the event in respect of which the ticket has been issued without refund of the ticket price. VWFCLP also reserves the right, in VWFCLP’s sole discretion, to revoke the remaining tickets in a multi-event ticket package or Tier 1 ‘Caps Club Membership of any ticketholder who has been ejected from a single Whitecaps FC event for any reason, or whose tickets were used by another person who was ejected from an event for any reason. For certainty, but without limiting the generality of the foregoing, if a ticketholder is ejected from an event in respect of which a ticket has been issued and is deemed to have committed a Level One or Level Two offense under the Whitecaps FC “Fan Code of Conduct” (https://www.whitecapsfc.com/matchday/code-of-conduct), as may be amended from time to time, such ticketholder may, in VWFCLP’s sole discretion, have their right to attend future Whitecaps FC events immediately revoked without refund or any reimbursement of any kind.
(a) THE TICKETHOLDER (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, without limitation, (A) the risk of contracting or spreading a communicable disease or illness (including exposure to a bacteria, virus, or other pathogen capable of causing disease or illness), (B) the risk of physical injury, disability, or death, however caused, whether by players, by other people (including, without limitation, other spectators), or by objects (such as balls entering the spectator area), and (C) the risk of lost, stolen or damaged property ((A), (B), and (C), collectively, the “Assumed Risks”); and (ii) VOLUNTARILY AND IRREVOCABLY AGREES, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, NOT TO SUE, TO WAIVE ANY AND ALL CLAIMS AGAINST, TO DEFEND, AND TO HOLD HARMLESS, RELEASE, AND INDEMNIFY THE RELEASEES (AS DEFINED BELOW) FOR ANY CLAIM, LOSS, DAMAGE (INCLUDING INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGE) OR INJURY RESULTING FROM THE ASSUMED RISKS AND ANY OTHER RISKS AND DANGERS, WHETHER PAST, PRESENT, OR FUTURE, AND KNOWN OR UNKNOWN (collectively, the “Losses”), AND THE TICKETHOLDER AGREES THAT THE RELEASEES ARE EXPRESSLY RELEASED FROM RESPONSIBILITY AND LIABILITY FOR THE LOSSES. THE TICKETHOLDER ALSO AGREES THAT VWFCLP WILL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING FROM THE EXERCISE OF VWFCLP’S DISCRETION AS CONTEMPLATED IN THIS AGREEMENT. THE TICKETHOLDER FURTHER ACKNOWLEDGES AND AGREES THAT THERE IS AN INHERENT RISK OF EXPOSURE TO COMMUNICABLE DISEASES AND ILLNESSES IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT AND THAT NO PRECAUTIONS OR PROTOCOLS CAN ELIMINATE THE RISK OF EXPOSURE TO ANY SUCH COMMUNICABLE DISEASE OR ILLNESS.
FOR THE PURPOSES HEREOF, THE “RELEASEES” ARE: (I) MAJOR LEAGUE SOCCER, LLC AND ITS AFFILIATES (“MLS GROUP”), SOCCER UNITED MARKETING, LLC, THE MEMBERS OF MLS GROUP AND EACH OF THE MLS GROUP TEAMS OPERATED BY THEM (INCLUDING, WITHOUT LIMITATION, WHITECAPS FC AND VWFCLP), AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT AFFILIATES, SUBSIDIAIRIES, MEMBERS, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, VOLUNTEERS, INVITEES, AND CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS), AND OTHER PERSONNEL; (II) THE DIRECT AND INDIRECT OWNERS, LESSEES, AND SUBLESSEES OF BC PLACE STADIUM; (III) CONCESSIONAIRES, MERCHANDISERS, OTHER VENDORS, AND ALL OTHER CONTRACTORS PERFORMING SERVICES AT BC PLACE STADIUM; (IV) OTHER THIRD PARTIES PRESENT AT OR FROM TIME TO TIME BROUGHT TO BC PLACE STADIUM (INCLUDING, WITHOUT LIMITATION, MEDICAL PERSONNEL); AND (V) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES, AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS OF EACH OF THE FOREGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT, OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES.
(b) If, notwithstanding the release of liability in section 12(a), any or all Releasees are found liable for any Losses, the maximum aggregate liability of the Releasees to the ticketholder will, under no circumstances, exceed the amount such ticketholder paid for their ticket to such event, with the sole exception to the foregoing being for Tier 1 ‘Caps Club Membership holders, to whom the Releasees’ maximum aggregate liability will, under no circumstances, exceed the amount such Tier 1 Member paid for their Tier 1 Membership during the previous 12 calendar months.
(c) FOR GREATER CERTAINTY, IF A TICKETHOLDER IS AGREEING TO THIS AGREEMENT, INCLUDING THIS SECTION 12, ON BEHALF OF A MINOR (I.E., A PERSON UNDER THE AGE OF 19) FOR WHOM THE TICKETHOLDER IS THE PARENT OR GUARDIAN, THE TICKETHOLDER’S AGREEMENT HEREIN INCLUDES AN AGREEMENT TO INDEMNIFY THE RELEASEES IN RESPECT OF ANY LOSSES INCURRED, OR CLAIMS COMMENCED AGAINST THE RELEASEES, BY SUCH MINOR, INCLUDING AFTER SUCH MINOR HAS REACHED THE AGE OF MAJORITY.
13. VWFCLP shall not be in breach of this Agreement if the performance of any of its obligations hereunder is prevented or pre-empted because of acts of God, civil or military authority, acts of public enemy, war, accidents, epidemic, pandemic, outbreak of communicable disease or illness, public health crisis or order, fires, explosions, earthquakes, floods, the elements, strikes or labor disputes, or any cause beyond VWFCLP’s reasonable control for such period of time as such event continues, provided that VWFCLP uses all reasonable efforts to perform such obligations once such event has ceased. In the event of the cancellation, postponement or rescheduling of one or more Regular Matches or Additional Matches as a result of any such causes (each, a “Force Majeure Stoppage”), VWFCLP shall use commercially reasonable efforts, based on the size and scope of the Force Majeure Stoppage, to keep ticketholders apprised by way of policy statement regarding how VWFCLP proposes to address such Force Majeure Stoppage, but VWFCLP shall not be obliged to perform any resolution or work-around for any Force Majeure Stoppage.
14. VWFCLP reserves the right to amend this Agreement in VWFCLP’s sole discretion by posting such amendments to whitecapsfc.com/tickets.
15. VWFCLP reserves the right to relocate ticketholders during the regular season and at any time during the playoffs to accommodate broadcast or security requirements, or for any other reasonable purpose in VWFCLP's sole discretion.
16. The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision hereof.
17. Together with any applicable Tier 1 ‘Caps Club Membership Agreement, the terms printed on the back of each Whitecaps FC ticket, and any policies introduced by VWFCLP from time to time, this Agreement contains all agreements of the parties with respect to the subject matter hereof. This Agreement is wholly governed by the laws of British Columbia, Canada. The ticketholder and VWFCLP attorn to the exclusive jurisdiction of the courts of British Columbia and all courts having appellate jurisdiction thereover in relation to the interpretation and enforcement of this Agreement.
18. All deposits and/or payments made are non-refundable.
19. In the case of conflict between this Agreement and (i) the terms printed on the back of each Whitecaps FC ticket or (ii) the terms of the Tier 1 ‘Caps Club Membership Agreement, the terms of this Agreement will govern.
*TERMS AND CONDITIONS ARE SUBJECT TO CHANGE