These Event and Ticket Terms and Conditions (“Terms”) constitute a binding legal agreement between you (“Holder,” “you,” or “your”) and Celly Series Hockey LLC, a Connecticut limited liability company (“Company,” “we,” “us,” or “our”), governing your purchase and/or use of a ticket (“Ticket”) to any Celly Series Hockey game, exhibition, scrimmage, or related event (each, an “Event”) held at any venue at which Company presents an Event (the “Venue”). For purposes of these Terms, an Event includes any fan experience, promotion, contest, or other voluntary activity offered by Company in connection with the Event (each, an “Activity”), except where these terms expressly provide otherwise.
BY PURCHASING A TICKET OR ATTENDING THE EVENT FOR WHICH THE TICKET GRANTS ADMISSION, YOU ACKNOWLEDGE HAVING NOTICE OF AND ACCESS TO THESE TERMS, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE OR USE A TICKET, AND DO NOT ATTEND AN EVENT.
Tickets are sold and processed through Tixr, Inc. (“Tixr”). Your relationship with Tixr regarding the purchase transaction itself is governed by Tixr’s own terms of service. In the event of a conflict between these Terms and Tixr’s terms as to the Event, the Venue, or conduct described in these Terms, these Terms control. Tickets may not be duplicated, reproduced, or resold above face value except as expressly permitted by the Tixr’s resale policies. A Ticket that Company reasonably believes to be counterfeit, duplicated, fraudulently obtained, or resold in violation of these Terms may be canceled or refused admission without liability to Company.
Definitions
“Company Parties” means Celly Series Hockey LLC and its members, managers, officers, employees, agents, contractors, players, coaches, on-ice and character talent, volunteers, and affiliates.
“Venue Parties” means Danbury Ice Arena (and its owner and operator, Diamond Properties LLC), and any other Venue at which Company presents an Event, and each such Venue’s respective owners, operators, officers, employees, agents and affiliates.
“Released Parties” means, collectively, the Company Parties, the Venue Parties, Event sponsors and promoters, and Tixr (or any other such ticketing platform which Company may use), and each of their respective affiliates, successors, and assigns.
Ticket Is a Revocable License
A Ticket is a revocable license to attend the Event for which it is issued, subject to these Terms, applicable Venue rules and applicable law. A ticket does not grant Holder any ownership, property, or other interest in the Event, the Venue, or any broadcast or recording thereof, or any other proprietary interest in the Event or the Venue. Company reserves the right, in its sole discretion, to refuse admission to or eject any Holder who fails to comply with these Terms, Venue rules, or applicable law, or whose conduct Company or Venue personnel reasonably determine is unsafe, disruptive, threatening, harassing, or materially disruptive to the safety or enjoyment of others. Unless otherwise required by applicable law, no refunds will be provided following such refusal or removal. Admission may also be refused for a Ticket that is lost, stolen, counterfeit, duplicated, cancelled, or otherwise not validly issued.
Assumption of Risk
DESPITE PROTECTIVE GLASS, NETTING, AND OTHER SPECTATOR-SAFETY MEASURES, PUCKS, STICKS, AND OTHER EQUIPMENT MAY ENTER THE SPECTATOR AREAS, AND PLAYERS, OFFICIALS OR OTHER EVENT PARTICIPANTS MAY ENTER OR COME INTO CONTACT WITH SPECTATOR AREAS DURING AN EVENT. SERIOUS INJURY CAN OCCUR. HOLDER SHOULD REMAIN ALERT AT ALL TIMES BEFORE, DURING, AND AFTER PLAY, INCLUDING WARM-UPS AND STOPPAGES. IF STRUCK OR INJURED, IMMEDIATELY NOTIFY THE NEAREST USHER OR STAFF MEMBER FOR DIRECTIONS TO A MEDICAL STATION.
Holder voluntarily assumes all risks and dangers associated with attending a live hockey and entertainment event, whether occurring before, during, or after the event, including but not limited to the risk of personal injury, illness (including communicable disease), death, and property loss or damage arising from or related to hockey equipment or players entering the spectator area, contact with players, officials, other spectators, crowd conditions and movement, interactions with other spectators or Event or Venue personnel, slip, trip, and fall hazards on the Venue premises, crowd conditions and movement, participation in an Activity, and any other risks inherent in attending a live hockey and entertainment event.
Company incorporates scripted, choreographed, comedic, promotional and other entertainment elements into its Events, and Holder hereby acknowledges that such elements may create risks in addition to those described above.
Participation in any Activity is strictly voluntary. Certain Activities, particularly those involving physical or on-ice participation, may be subject to additional eligibility requirements, safety rules, terms and conditions or a separate participant waiver or release. Company may condition participation in any such Activity upon Holder’s satisfaction of those requirements and execution of any such required additional documents.
Release and Waiver of Liability
To the fullest extent permitted by law, Holder, on behalf of Holder’s heirs, executors, and personal representatives, releases, waives, and forever discharges, severally and jointly, the Released Parties from any and all claims, demands, actions, or causes of action for personal injury, illness, death, or property damage arising out of or related to attendance at an Event or Holder’s voluntary participation in an Activity, except to the extent such claims cannot lawfully be released or waived.
Indemnification
Holder agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to Holder’s unlawful or wrongful acts or omissions at or in connection with an Event, or Holder’s breach or alleged breach of these Terms.
To the extent Holder is the parent or legal guardian of an accompanying minor, Holder further agrees to be responsible for the minor’s compliance with these Terms to the extent permitted by law.
Media Consent and Grant of Rights
Holder acknowledges that Events may be photographed, filmed, video recorded, live-streamed, and/or audio recorded for broadcast, promotional, marketing, archival, and other purposes. By purchasing or using a Ticket or attending an Event, Holder grants to Company and its designees, licensees, and assigns an irrevocable, perpetual, worldwide, royalty-free right and license to record, photograph, and capture Holder’s image, likeness, voice, and statements while at an Event, and to use, reproduce, edit, distribute, broadcast, and otherwise exploit such recordings, in whole or in part, in any medium now known or later developed, for any purpose, without compensation, notification, or further consent, and without the right to inspect or approve the finished product.
Holder may record and photograph portions of an Event for personal, non-commercial use and may share such content on social media accounts and digital platforms, subject to any applicable Venue rules. Except with Company’s prior written consent, Holder may not transmit, broadcast, live stream, commercially exploit or otherwise make any account, description, photograph, video, or audio recording of an Event for any commercial purpose, nor record or distribute substantial portions of an Event in a manner that substitutes for attendance at or an authorized broadcast of the Event.
Entry, Security, and Conduct
Company and Venue Parties reserve the right to conduct security screening, including bag checks and walk-through or handheld screening, as a condition of entry. Prohibited items include, without limitation, weapons of any kind, outside food or beverage, professional photo/video/audio recording equipment, drones or other unmanned aircraft, and any item Company or Venue Parties deem unsafe or disruptive or prohibited by Venue rules. Company and Venue Parties reserve the right to refuse admission to or remove, without refund, any person who engages in unlawful, threatening, violent, harassing, discriminatory, abusive, disruptive, or unsafe conduct, is under the influence of illegal drugs, or under the influence of alcohol to a degree that Company or Venue personnel reasonably determine warrants remove for safety, security or other operation reasons.
Event Changes, Postponement, and Cancellation
Company reserves the right to change an Event’s date, time, opponent, roster, format, scripted content, programming or other Event details without liability or creating a right to a refund or exchange of the Ticket except as otherwise provided herein.
All Ticket sales are final.
If Company cancels an Event in its entirety and does not reschedule it, Holder’s sole remedy is a credit toward a future Event or a refund of the face value paid for the Ticket, excluding service and delivery fees. If Company reschedules an Event, the Ticket remains valid for the rescheduled date, and refunds are available but only if a request is made to [email protected] no later than seven (7) days after Holder has been notified of the reschedule. Failure to request a refund within that period constitutes Holder’s acceptance of the rescheduled Event.
Dispute Resolution; Class Action Waiver
To the fullest extent permitted by law, Holder agrees that any claim or dispute arising out of or relating to these Terms, a Ticket or an Event will be brought solely in the party’s individual capacity and not as a plaintiff, claimant or class member in any purported class action or consolidated proceeding.
Governing Law and Venue
These Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws principles. Any action or proceeding arising out of or relating to these Terms, a Ticket or an Event shall be brought exclusively in the state and federal courts having jurisdiction in Fairfield County, and Holder consents to personal jurisdiction and venue of those courts.
General Provisions
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its original intent. Company’s failure to enforce any provision is not a waiver of that provision. Holder may not assign or transfer Holder’s rights or obligations under these Terms except in connection with a permitted transfer of the applicable Ticket. These Terms, together with any policies referenced herein, constitute the entire agreement between Holder and Company regarding the subject matter herein and supersede any prior understandings. Electronic acceptance of these Terms, including acceptance in connection with the purchase, receipt, transfer or use of a Ticket, will have the same force and effect as a handwritten signature.
HOLDER ACKNOWLEDGES THAT HOLDER HAS READ AND UNDERSTANDS THESE TERMS AND THAT THEY AFFECT HOLDER’S LEGAL RIGHTS, INCLUDING THE ASSUMPTION OF RISK, RELEASE OF LIABILITY, MEDIA CONSENT, AND DISPUTE RESOLUTION, AND AGREES TO BE BOUND BY ITS TERMS.