You are purchasing an Escapade Music Festival ticket, which constitutes a revocable license for the holder ("Holder") to enter Escapade Music Festival (the "Event"). It may be withdrawn, admission refused or the Holder expelled without refund or recourse by the Holder if the subject Terms and Conditions and Code of Conduct of Escapade Music Festival ("Escapade Music Festival") is not strictly adhered to at the sole discretion of Event Staff.
All sales are final. Your Ticket ("Ticket") is for Escapade Music Festival, not a specific artist. Artists, venue and schedules are subject to change without notice. Artist cancellation is not grounds for a refund. The event will be held regardless of weather conditions. Event date, time, set times and opening acts are subject to change. If the Event is cancelled or rescheduled for reasons beyond Escapade Music Festival’s control, Escapade Music Festival reserves the right to decide whether or not to issue a refund (limited to the face value of the ticket). Convenience and delivery fees will not be refunded.
By agreeing to the terms of this agreement, you agree to pay the full price of the Ticket(s) you have ordered, including delivery, convenience and other fees, as described in your purchase confirmation. All transactions are in Canadian (CDN) dollars and include applicable taxes. Ticket bears no cash value. Lost, stolen, or damaged tickets and/or bracelets will not be replaced or honored. Unlawful resale or attempts to resell can be grounds for seizure and cancellation without compensation. Tickets obtained from unlawful sources may be stolen or duplicated, and if so are void. Tickets may not be used as promotional items without the expressed written consent of Escapade Music Festival. Identification will be required to match the ticket buyer's name with the person entering The Event. All rights reserved.
If you do not receive a confirmation number in the form of a confirmation screen or email after submitting your payment information, or if you receive an error message after submitting payment information, it is your responsibility to contact Escapade Music Festival to confirm if your payment was processed. email@example.com
Escapade Music Festival ASSUMES NO LIABILITY The Holder acknowledges and assumes all risks related in anyway to the Event arising or resulting from any cause whatsoever (including, without limitation, by performers, spectators, objects and other inherent risks incidental to the Event and negligence) and whether occurring prior to, during, or after the Event. Holder hereby releases and agrees to indemnify and hold Escapade Music Festival and its affiliates, and each of Escapade Music Festival’s and its affiliates' respective shareholders, directors, officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand (including those of any third party), including reasonable attorneys' fees, due to or arising out of or related to the Event, including but not limited to death, personal injury or damage/loss to/of personal property.
No alcohol, illegal drugs, chemicals, bottles, cans, containers weapons, large bags or backpacks will be permitted into the Event. The Holder consents to a reasonable search of his/her person (including bags) by Event Staff in order to gain entry. The Holder agrees not to use language or engage in conduct that is contrary to Escapade Music Festival’s Code of Conduct or might otherwise interfere with the Event or with the reasonable enjoyment of other Event attendees. Escapade Music Festival and Event Staff reserve the right, with or without refunding the face value of any Ticket, to refuse admission to and/or eject any person who fails to comply with any Condition, including the foregoing. Escapade Music Festival reserves the right to change this Security Policy without notice.
The use of flash photography and professional equipment, video or audio recording is strictly prohibited. Small point-and-shoot cameras are generally permitted inside the Event at Event Staff’s discretion. Violation of this policy will be grounds for revocation of this license and/or ejection from the venue, as well as confiscation of the recording device.
Holder consents to the use by the producer of the Event, without compensation, of Holder’s image or likeness incidental to any transmission or reproduction of the Event. Please go to www.escapademf.com for further details regarding the above Purchase Policy.
WARNING: BE ALERT AT ALL TIMES. SERIOUS INJURY CAN RESULT FROM OBJECTS PROJECTED, THROWN OR HIT INTO OR OUT OF SPECTATOR AREA IN CONNECTION WITH THE EVENT. IF INJURED ASK USHER FOR DIRECTIONS TO MEDICAL STATION.
ESCAPADE MUSIC FESTIVAL PAYMENT PLAN FOR 2015 EVENT TERMS AND CONDITIONS
This is a legal agreement ("Agreement") among you and 238448 Ontario Inc., a Ottawa corporation and its subsidiaries, affiliates, designees, successors and assigns (collectively "Escapade", and sometimes referred to as “we”, “us” or “our” and we may be contacted at c/o 103 York Street, Ottawa Ontario, K2W1E43. By accessing this web site, currently located at www.Escapademf.com (the "Site"), and by using the Services (as defined below) accessible through the Site, you agree to, and shall be bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such additional terms will be either listed in this Agreement or will be presented separately to you for your acceptance when you sign up to use such Services. Our Services include the following, without limitation: the processing of ticket reservations in conjunction with payment plans and payment ticket purchases (through our ticket processing partners) for upcoming events produced or presented by Escapade, its licensees or other authorized agents as announced from time to time on the Site, participation in Escapade’s Payment Plan (as processed directly through our ticket and payment processing partners) relative to ticket purchases and registering for the receipt of electronic mail marketing, press releases, news, newsletters and other communications and information relating to Escapade’s Services (the “Services”). Escapade may offer additional Services or may revise, cancel or discontinue offering any of the existing Services, at its sole and absolute discretion, from time to time, with or without advanced notification to you and this Agreement shall apply to all such additional or revised Services, where applicable. Escapade also reserves the sole and absolute right to cease offering any or all of the Services referenced herein at any time. Please review this Agreement carefully, including the Arbitration provision in Section 10, which describes how Disputes (as defined below) shall be resolved between us, and which specifically provides that no class actions suits shall be brought under or otherwise relative to this Agreement. You acknowledge and agree that this Agreement is subject to change by Escapade in its sole and absolute discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or participation in the Services offered, after the posting of revisions by us to this Agreement will constitute your agreement to and acceptance of such revisions.
1. The Payment Plan. As a convenience, Escapade is offering on a limited basis, and to a limited number of participants, the option to first reserve, then later purchase General Admission tickets to the upcoming 2015 Escapade Music Festival (“Payment Plan”) in equal installments and over a fixed period of time as specified and pursuant to applicable terms and conditions.
A convenience charge of $10 is added to your initial deposit for the use of this service. If, for any reason, any of your payments are declined, in whole or in part, then ALL OF THE FOLLOWING WILL APPLY: (i) your order and your ticket reservation will be permanently and officially cancelled, following our email notification to you of the failed payment attempt(s) and following an opportunity by you to update the credit card information on file within 14 calendar days of our initial notification(s) of such payment failure; (ii) all initial deposits or prior payment(s) installments made by you shall be entirely forfeited by you and retained by us as of the official cancellation date as partial offset for your default; and (iii) you shall not be entitled to a refund whatsoever of any initial deposits or prior payment installments. You acknowledge and agree that, until ALL payments required hereunder are made in accordance with the terms and conditions set forth herein, your participation in the Payment Plan operates only as a ticket reservation and not as an actual ticket purchase. During the term of the Payment Plan, your ticket order will be reserved until final payment is made, and ONLY at such time, shall your tickets be deemed to have been actually purchased and shall then be scheduled for delivery in accordance with our standard shipping, delivery and pick-up rules, terms and conditions.
2. Transaction Information. ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO EXCHANGES, NO RESALE NOT REDEEMABLE FOR CASH.
3. Ticketing and Payment Processing. The Payment Plan shall be administered by Electrostub our authorized ticketing administrator and payment processor and as a Third Party Processor, as that term is later defined herein. All inquires relating to either Payment Plan transactions as processed by Electrostub or to your participation in the Payment Plan must be directed to Electrostub for handling. Electostub can be contacted using the below information:
Address: 11833 Mississippi Avenue Suite 201 // Los Angeles, CA 90025
Contact email: firstname.lastname@example.org
Contact number: (800) 927-0939
Hours of Operation: M – F 9am – 9pm EST; Saturday and Sunday 11am – 8pm EST
4. Eligibility Requirements. In order to participate in Escapade’s Payment Plan, you must be a Canadian Citizen and lawful resident. By using the Service, you represent and warrant that you are at least 16 years of age, a Canadian Citizen or a lawful resident. Registration for, and use of, the Payment Plan Services shall be void where prohibited and participation in Escapade’s Payment Plan shall only be available to online users. You can only participate in the Payment Plan if you intend to first reserve and later purchase your tickets using your credit card via our online systems.
5. Selection of Payment Participants. Only a limited number of general admission tickets shall be made available for Escapade’s Payment Plan and individuals eligible to participate in the Payment Plan shall be determined on a first-come first-served basis. Escapade may, at any time, and with or without advanced notice, increase or decrease the number of tickets available under the Payment Plan, terminate or discontinue offering the Payment Plan Service.
6. Data Provided To Third Party Sites, Links. Escapade’s Services, including the Payment Plan may contain links to web sites of third-parties. By virtue of your participation in Escapade’s Payment Plan you may be directed to a third-party website(s) including without limitation, websites controlled and operated by independent ticket processors, merchant and on-line payment processors and administrators, or fraud detection, monitoring and management service providers (“Third Party Processors”), among others, and you acknowledge that such Third Party Processors’ sites are not under the direct or indirect control of Escapade and that Escapade is not, and shall not be, held responsible for the handling or processing of any information obtained from or provided by you to such Third Party Processors or for any changes or updates to such Third Party Processors’ Terms and Conditions or to their websites. You additionally acknowledge and agree that all Third Party Processors may subject you to additional terms and conditions in addition to ones set forth in this Agreement. Although Escapade and its Third Party Processors may occasionally use various ways of verifying information that you have provided, you nonetheless agree that Escapade and its Third Party Processors shall have no liability to you arising from any incorrectly verified information as verified by us, or any Third Party Processor. You further agree that Escapade will not be responsible or liable for any loss or damage whatsoever incurred by you as a result of any such dealings with Third Party Processors.
7. Disclaimer of Warranty. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ESCAPADE PROVIDES THE SERVICES ON AN "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. ESCAPADE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES PROVIDED ON THIS SITE OR THAT THE SERVICES PROVIDED BY THIRD PARTY PROCESSORS WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ESCAPADE DISCLAIMS ON BEHALF OF ITSELF AND ITS THIRD PARTY PROCESSORS ANY AND ALL LIABILITY FOR, AND NO WARRANTY IS MADE BY ESCAPADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR ITS OVERALL USEFULNESS. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL, OR OTHERWISE UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL NOT AFFECT THE OTHERWISE VALID TERMS OR PROVISIONS OR THE WHOLE OF THIS AGREEMENT. THE APPLICABLE TERMS OR PROVISIONS SHALL BE DEEMED MODIFIED TO THE EXTENT NECESSARY TO RENDER SUCH PROVISION ENFORCEABLE, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES WILL BE CONSTRUED AND ENFORCED ACCORDINGLY.
8. Limitation of Damages. IN NO EVENT WILL ESCAPADE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES PROVIDED ON THIS SITE OR SERVICES PROVIDED BY THIRD PARTY PROCESSORS, EVEN IF ESCAPADE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT IS FURTHER AGREED BY YOU THAT UNDER NO CIRCUMSTANCES WILL ESCAPADE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ANY SERVICES OR THE SITE, EXCEED THE AMOUNT OF $50.00 OR ITS EQUIVALENT.
9. Indemnification. You agree to indemnify, defend, covenant not to sue, and hold harmless Escapade and each of its officers, directors, employees, principals, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs at the trial and appellate levels) directly or indirectly relating to or arising from any claim that (i) your use of or inability to use Escapade’s Payment Plan, its Site or its Services, (ii) Escapade’s discontinuation of the Payment Plan service; (iii) your violation of any terms or conditions of this Agreement or your default of any or all of the payment terms associated with the Payment Plan, or (iv) your violation of any applicable laws, rules or regulations unless caused solely by our gross negligence or willful misconduct. Notwithstanding the foregoing, Escapade further reserves the sole and exclusive right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall fully cooperate with Escapade in asserting any available defenses.
10. Arbitration of Disputes. You and Electrostub agree that any disputes arising from or relating to the Site, the Services, the Payment Plan, or any relationship or dispute between you and Electrostub or you and Escapade or you and any company or person employed by or which is affiliated with either Electrostub or Escapade, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Commercial Arbitration Act or by the applicable sections of the Ontario Arbitration act to the maximum extent permitted by applicable law. In no event shall you commence a chargeback dispute with your credit or debit card issuer relative to the Services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that Escapade shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons.
11. Right to Seek Injunction. Violation of this Agreement by you shall cause Escapade irreparable harm, and you therefore agree that Escapade will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Escapade may have for a breach of this Agreement.
12. Miscellaneous. This Agreement, which you accept upon use of the Site or the Services (including the Payment Plan), comprises the entire agreement between you and Escapade regarding the use of the Site and Services and which supersedes any prior agreements between you and Escapade related to your use of the Site or Services. To the extent that FAQ's are found on the Site relative to the Services being provided hereunder, such FAQ’s are for informational purposes only and shall not be deemed to be part of this Agreement. Unless otherwise explicitly stated, this Agreement will indefinitely survive termination of your use of the Site or the Services. The failure of Escapade to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
13. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
14. Revision Date. This Agreement was last revised on December 10, 14