Ticket Purchase Agreement Terms & Conditions

Your purchase of ticket(s) to the event specified in your order (the “Event Date”) through this online service is on the legally binding terms and condYour purchase of ticket(s) to the event specified in your order (the “Event Date”) through this online service is on the legally binding terms and conditions therein (the “Agreement”) between you (the “Customer”) and Enchant Christmas Light Maze & Market Ltd, a British Columbia company having its principal office at 304 - 901 3^rd Street West, North Vancouver, BC V7P 3P9 (“Enchant”). Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email with the tickets with a QR or barcode (“Order Confirmation”).

1. Purchase. Customer hereby agrees to purchase, and Enchant hereby agrees to sell, the ticket(s) set out in your order. Customer agrees to pay the full price of the ticket(s) ordered, including any applicable taxes, facility fees, service fees and any other costs as described in the Order Confirmation.
   
2. Delivery. Ticket(s) purchased through this website will be sent to you by e-mail at the e-mail address you indicated. You must print the e-ticket(s) or load them on an electronic device and present them in a form that can be scanned at the entrance to the Event Date.
   
3. No Refunds or Exchanges. Except as otherwise provided by applicable law or expressly set out herein: (a) you may not cancel this Agreement; (b) there are no refunds, exchanges, transfers or credits after the Order Confirmation is issued. Due to the nature of the Event Date, changes in the Event Date including talents and amenities may occur (for example VIP amenities, drink specials, gifts, express entry, special areas, special guests). Talents and amenities are not guaranteed by Enchant and are not grounds for any refund, exchanges or cancellation. 

4. Postponed & Closed Event Date. Enchant may, at its sole discretion, postpone or the Event Date without notice due to reasons deemed necessary for guest safety. If an Event Date is closed during the course of the Event Date, for safety reasons, Force Majeure, or reasons deemed necessary by Enchant, ticketed guests that were unable to experience the Event Date will be notified and rescheduled within the future available Event Dates.

5. Canceled Event Date: Enchant may, at its sole discretion, cancel the Event Date, meaning no future Event Dates will be available. If an Event Date, or the event in its entirety, is canceled for safety reasons, Force Majeure, or reasons deemed necessary by Enchant, ticketed guests that were unable to experience the Event Date will be notified and issued a refund.
   
6. Right to Refuse Entry and Cancel Tickets. Enchant has the right to refuse entry or to eject any ticket holder, without any refund or compensation, for any behavior that Enchant or its contractors and agents consider disorderly, unsafe, disruptive or inappropriate including without limitation intoxication and offensive language, or for any breach of Enchant's rules or any terms or condition of this Agreement. Enchant has the right to request your photo ID, and to search you or your belongings at entry to the Event Date or at any time while you are on the site of the Event Date, and any prohibited item will be confiscated. 

7. Ticket Sharing. Customers are responsible for securing their ticket(s). Customers who choose to share their ticket information with any other person are responsible for said sharing, whether through sharing tools provided by Enchant on its website or through any other means. In the event that Customer shares its ticket(s) with a third-party and that third-party redeems the ticket(s) for admission to the Event Date, there will be no refunds provided to the Customer based on its willful dissemination of any ticket information and admission access. Enchant is also not responsible for Customer’s unwilful dissemination of any ticket information that it failed to secure and no refunds will be issued for Ticket redemption against the will of the Customer.

8. Recording. All cameras, sound recorders and video recorders (including when incorporated in cellular phones) and their use are strictly forbidden on the site of the Event Date, except for the purposes of keeping your personal memory. You agree not to transmit or aid in transmitting any description, account, picture, video, audio, or other form of medium for the purposes of reproducing the Event Date or any part thereof. You hereby grant Enchant the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the Event Date, in any means or circumstances, without any further authorization or compensation.

9. No Resale. Any resale of tickets is strictly prohibited. The ticket(s) may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) without the prior written authorization of Enchant. Enchant reserves the right to cancel the license granted under the tickets in connection with any fraudulent sale of such tickets or breach of such restriction, without any refund or other compensation.

10. Prohibited Items and Conduct. All Customers must comply with PayPal Park’s Code of Conduct which can be found here https://www.sjearthquakes.com/fans/codeofconduct. No bags or backpacks will be permitted into the venue except for small personal bags or purses (16″ x 16″x 8″) Please note that some events may enforce a modified bag policy. Guests are not permitted to enter PayPal Park in possession of the following: cameras with interchangeable/detachable lens or external flash (no professional photography); audio/visual recording devices (includes GoPro, Google glass, spectacles, etc.); selfie sticks, tripods, monopods; outside food, beverage, or alcohol; cans, metal/glass/plastic containers, bottles, or flasks (empty or sealed bottles included); guests will be allowed to bring one (1) factory-sealed, non-frozen 33.8 fl. oz. (1 liter) bottle of water (no soda, flavored water or soft drinks); laptops, tablets, personal; computers, or two-way radios; weapons, firearms, pepper spray, pocket knives or mace; illegal drugs or substances; flammable liquids, aerosol cans, or permanent markers; flashlights, laser pointers, flares, or fireworks; noise making devices (i.e. air horns, whistles, bells, vuvuzelas, etc.); balloons, balls, projectiles, or optical illusions; skateboards, Segways, scooters, rollerblades, bicycles, hover boards, and helmets; coolers, ice chests, folding chairs, or pointed-tip umbrellas; patrons without shoes or shirt; masks, chains, or studded belts/bracelets; drones (without prior written consent from stadium management); animals or pets (accommodations made for trained, harnessed, and housebroken service animals); unapproved pamphlets, handouts, ads, or flyers without prior consent from stadium management; clothing, garments, or signs displaying explicit language, profanity, or derogatory characterization toward any person(s); signs, flags, or banners exceeding 11” x 17” or attached to a pole/stick. signs must be relevant to event; signs may not contain or display obscene or offensive language and/or pictures as determined by venue management. Management reserves the right to prohibit or remove a sign or banner at any time. Enchant may determine additional prohibited items. Enchant and PayPal Park reserve the right to prohibit additional items as deemed necessary or per event requirements. Prohibited items are not able to be checked-in and are not able to be stored on-site. It is the sole responsibility of each guest to make proper arrangements prior to arrival at PayPal Park to meet the security screening requirements.

11. Assumption of Risk Related to COVID-19 and Other Communicable Diseases. This section is an acknowledgement and express assumption of risk and release of liability in any way related to or arising from being exposed to or contracting COVID-19 or other communicable disease in and around any part of the Event Date venue (“Venue”), or surrounding grounds or parking areas, to which the ticket provides access. By using this ticket, Customer is acknowledging and confirming both now and, in the future, that Customer understands and expressly assumes the risk that Customer and any Accompanying Party may be exposed to COVID-19 or other communicable disease. Customer expressly understands that these risks include contracting COVID-19 or other communicable diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable diseases. Customer further acknowledges and understands that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable disease, including, but not limited to, COVID-19, that it cannot be guaranteed that Customer or any accompanying party will not be exposed, and that as such, potential exposure to or contraction of COVID-19 or other communicable disease are risks inherent in Customer’s decision to use this ticket and cannot be eliminated.‍
    1. Customer Health Promise. Customer further acknowledges and understands that, if infected with COVID-19 or other communicable disease, Customer may infect others that they may subsequently come in contact with, even if they are not experiencing or displaying any symptoms of illness, and that the risk of spreading COVID-19 or other communicable disease to others and the risk of exposure remains at all times. Accordingly, Customer further agrees that Customer will not attend the Event Date if within fourteen (14) days preceding the Event Date, they have: (a) tested positive or presumptively positive for COVID-19 or other communicable disease or have been identified as a potential carrier of COVID-19 or other communicable disease; OR (b) experienced any symptoms commonly associated with COVID-19 or other communicable disease; OR (c) been in direct contact with or the immediate vicinity of (collectively, the “Encounter”) any person who is either confirmed or suspected of being infected with COVID-19 or other communicable disease within the fourteen (14) days preceding the Encounter.
    2. ‍RELEASE OF LIABILITY AND COVENANT NOT TO SUE. CUSTOMER, ON BEHALF OF CUSTOMER AND ANY ACCOMPANYING PARTY AND THEIR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN AND ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THEIR BEHALF, HEREBY WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS AND COVENANTS NOT TO SUE ENCHANT AND THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH), THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, (A) USE OF THIS TICKET, (B) PRESENCE AT THE VENUE OR (C) PARTICIPATION IN THE EVENT DATE OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (1) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE OR STRICT LIABILITY, OF THE RELEASED PARTIES, AND/OR (2) THE INHERENT RISKS ASSOCIATED WITH VISITING THE VENUE, INCLUDING, WITHOUT LIMITATION (i) ALL CLAIMS FOR PERSONAL INJURIES, WRONGFUL DEATH OR EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASE BY CUSTOMER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO COVID-19 OR OTHER COMUNICABLE DISEASE BY CUSTOMER OR ANY ACCOMPANYING PARTY; AND (ii) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY HEALTH AND SAFETY PROTOCOLS TO CUSTOMER OR ANY ACCOMPANYING PARTY.
    3. The acknowledgement and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other communicable disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of the terms shall not be affected thereby and shall remain valid and fully enforceable.
    4. In order to protect the health and safety of the Customer and all others, the Customer, on their behalf and on behalf of any accompanying parties, acknowledges and agrees to comply with: (1) all Enchant and Venue owner/operator policies and protocols, including, without limitation, any policies and protocols regarding security, bags, conduct and health and safety, all of which, due to the evolving nature of the COVID-19 pandemic, may continue to be updated from time to time between purchase of this ticket and the Event Date, and (2) all policies and current guidance of the Centers for Disease Control and Prevention, and all applicable laws and policies of Federal, State, City and Local authorities, in each case respecting COVID-19 and other communicable disease. Enchant and its designees have the right to deny admission to or eject any person who Enchant or the Venue or such designees determines, in its sole discretion, poses a risk to the health or safety of others and/or whose conduct violates these terms.
    5. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE REGARDLESS OF PRECAUTIONS THAT MAY BE TAKEN. CUSTOMER, ON THEIR BEHALF AND ON BEHALF OF ANY ACCOMPANYING PARTIES, AGREES TO (1) ASSUME ALL RISKS ASSOCIATED WITH COVID-19 AND OTHER COMMUNICABLE DISEASES, AND (2) COMPLY WITH ALL RELATED HEALTH & SAFETY POLICIES OF ENCHANT AND THE VENUE OWNER/OPERATOR.
12. ‍RELEASE. IF YOU PURCHASE A TICKET FOR ANOTHER, YOU ARE DEEMED TO HAVE ACCEPTED THIS SECTION AS AGENT OF THE OTHER PERSON. IF YOU ACCOMPANY A MINOR TO THE EVENT DATE, YOU ARE DEEMED TO HAVE ACCEPTED THIS SECTION ON BEHALF OF SUCH MINOR. 

INJURY MAY OCCUR DURING THE EVENT DATE. YOU, THE PERSON(S) ON WHOSE BEHALF YOU PURCHASED THE TICKET(S), YOUR ACCOMPANYING MINOR(S) AND EACH ENTRANTS TO THE EVENT DATE (EACH A “PARTICIPANT”) ASSUME ALL RISKS, DANGERS AND HAZARDS OF THE EVENT DATE AND ALL PROMOTIONS AND ACTIVITIES BEFORE, DURING AND AFTER THE EVENT DATE, WHETHER ON THE VENUE OF THE EVENT DATE OR AREAS ADJACENT TO THE EVENT DATE, INCLUDING BUT NOT LIMITED TO THE RISKS OF BODILY INJURY AND DAMAGE TO PROPERTY BY EQUIPMENT, OBJECTS OR PERSONS ATTENDING THE EVENT DATE AND NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF ENCHANT, ITS AFFILIATES AND OTHER RELATED ENTITIES OR THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SERVANTS, AGENTS, CONTRACTORS, SUPPLIERS, REPRESENTATIVES AND ALL OTHER PERSONS ACTING ON BEHALF OF ENCHANT AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) (ALL OF THE FOREGOING RISKS, DANGERS AND HAZARDS ARE REFERRED TO AS THE “RISKS”). NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASED PARTIES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE PARTICIPANTS FROM THE RISKS. EACH PARTICIPANT FREELY ACCEPTS AND FULLY ASSUMES THE RISKS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS. EACH PARTICIPANT HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ALL AND ANY CLAIMS, DAMAGES, LOSS OR LIABILITY WHATSOEVER FOR ANY INJURIES (INCLUDING DEATH) OR LOSS OR DAMAGE OF PROPERTY THAT THE PARTICIPANT MAY SUFFER OR INCUR, ARISING FROM OR IN CONNECTION WITH THE RISKS, AND WAIVES ANY AND ALL CLAIMS THAT THE PARTICIPANT HAS OR MAY IN THE FUTURE HAVE AGAINST THE RELEASED PARTIES. 

13. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, TICKETS OR OTHER PRODUCTS OR RESULTING FROM ANY SERVICES, TICKETS OR OTHER PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF ENCHANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

14. Indemnity. You hereby INDEMNIFY AND HOLD HARMLESS each of the Released Parties from all and any claims, damages, loss or liability whatsoever, including without limitation any liability for damage to property or injury to a third party, arising from or in connection with your presence or the presence of Accompanying Minor at the Event Date, or your postings on or use of our website or transmission of data by your computer. 

15. Assignment. This Agreement is binding upon your heirs, next of kin, executors, administrators, assigns and personal representatives. Enchant may at any time assign all or part of its rights and obligations under this Agreement. 

16. Severability. The invalidity or unenforceability of any of the provisions of this Agreement does not affect the validity or enforceability of any other provisions of this Agreement and any such invalid or unenforceable provision will be deemed to be severable from the remainder of this Agreement.
    

Governing Law. This Agreement is governed by and is to be construed in accordance with the laws of British Columbia. You irrevocably attorn to the jurisdiction of the courts of British Columbia and all courts having appellate jurisdiction thereover and agree that any proceeding commenced or maintained in respect of or arising as a consequent of this Agreement will be commenced or maintained only in such of those courts as is appropriate.itions therein (the “Agreement”) between you (the “Customer”) and Enchant Christmas Light Maze & Market Ltd, a British Columbia company having its principal office at 304 - 901 3^rd Street West, North Vancouver, BC V7P 3P9 (“Enchant”). Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email with the tickets with a QR or barcode (“Order Confirmation”).