Ticket Terms & Conditions
Updated March 3, 2023
BINDING LEGAL AGREEMENT
These terms and conditions (“Terms”), together with ticket order information constitute a binding legal agreement (“Agreement”) between the Abbotsford International Airshow Society (“AIAS”) and the ticket buyer and/or bearer (the “Holder”). By tendering payment to AIAS and/or attending the Event, the Holder signifies its acceptance of this Agreement on their behalf and on behalf of any minor or other accompanying party (“Accompanying Party”), each of whom the Holder represents has authorized the Holder to act on their behalf.
AIAS may update the Terms at any time, without notice. The current version of the Terms is available at https://abbotsfordairshow.com/ticket-terms-conditions. The Holder is solely responsible for reading and understanding the most recent Terms before using this ticket. The Holder’s use of this ticket after such a change is posted signifies that the Holder accepts such change(s) as part of the Agreement.
REVOCABLE TICKET LICENCE
Airshow tickets grant a revocable licence to the Holder by AIAS under the terms set forth below. This ticket permits the Holder entry into the Event at times determined by AIAS, on the date(s) identified on the ticket. At the sole discretion of AIAS, this licence may be revoked at any time and admission refused or the Holder evicted from the Event by providing a refund, excluding any applicable service fees, to the Holder (except where a refund is not available based on the Terms specified herein).
Any sale, resale, assignment or transfer of this ticket, in any manner contrary to applicable law or regulation, as well as any attempt at any of the foregoing, is strictly prohibited. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit and may not be honoured without refund or reimbursement. This ticket may not be used for advertising, promotion or other commercial purposes without the prior written consent of AIAS.
ENTERING THE EVENT AND EVENT SECURITY POLICIES
This ticket must be produced upon entry to the Event and upon request anytime thereafter to confirm its validity and the Holder’s right to access the Event. No exit and re-entry into the Event will be permitted.
The Holder and any Accompany Party acknowledges and agrees to comply with (a) all relevant policies of AIAS, including, without limitation, any policies regarding security, bags, attendee conduct and health and safety, and (b) all applicable laws, policies and guidance of federal, provincial, municipal and local authorities
No alcohol, cannabis, illegal drugs, weapons, drones, pets (except certified service animals) or hard-sided coolers will be permitted into the Event. By seeking entry to the Event, the Holder and any Accompanying Party, consents to (a) a reasonable search of their person, vehicle and belongings by AIAS and their contracted security, and (b) any security and health and safety policies and procedures of AIAS then in place.
If admission is refused or this ticket license is revoked due to misconduct of the Holder, or refusal to comply with the Terms and all relevant policies and protocols of AIAS, no refund, credit or reimbursement will be provided to the Holder.
EVENT MEDIA AND INTELLECTUAL PROPERTY RIGHTS
The Holder and any Accompanying Party agree that: (a) cameras and video recorders are permitted into the Event for personal use; however, no equipment may be used to transmit any live visual depiction of the Event, record or reproduce the Event for commercial purposes, or interfere with others’ enjoyment of the Event; (b) AIAS is the exclusive owner of all copyrights and other proprietary rights of the Event, including, but not limited to, picture, video, and/or audio of the Event (collectively, the “Event Media”); (c) AIAS and its past, present and future affiliates, agents, officers, and employees (collectively, the “Authorized Entities”) will have the unrestricted right and license to use any Event Media captured by the Holder and any Accompanying party; and (d) AIAS and its Authorized Entities will have the unrestricted right and license to use the Holder’s image, likeness, and/or voice, and/or those of any Accompanying Party, in any live or recorded broadcast,photograph, video, audio and/or other recording taken in connection with the Event, for all purposes, in perpetuity, without compensation.
RESCHEDULING, CANCELLATION AND REFUND POLICY
AIRSHOW TICKETS ARE NON-REFUNDABLE, CANNOT BE EXCHANGED, AND BEAR NO CASH VALUE.
WEATHER: All Events will proceed “Rain or Shine” unless otherwise determined by AIAS. All published Event date(s), time(s) and schedule(s) are subject to modification without notice. All published Event performers and attractions are subject to modification and/or cancellation without notice. No refund will be owed to the Holder and/or any Accompanying Party for any Event that proceeds, regardless of weather conditions, Event times or schedule modifications, or performer modifications and/or cancellations.
PERFORMERS: All published Event performers and attractions are subject to modification and/or cancellation without notice. No refund will be owed to the Holder and/or any Accompanying Party for any Event that proceeds, regardless of published performer modifications and/or cancellations.
RESCHEDULED EVENT: In the event that the Event does not take place on the date(s) specified on the ticket and is rescheduled, then the ticket will be valid for the date(s) upon which the Event is rescheduled and should be retained by the Holder.
CANCELLED EVENT: In the event that the Event does not take place on a specified day and is not rescheduled, then the following ticket policies will apply:
Date-specific tickets may only be used by the Holder and/or Accompanying Party on the specified Event day on the ticket. In the event that the specified Event date on the ticket is cancelled in its entirety, the Holder will have the option to (a) exchange the ticket for a comparable ticket on another Event date, subject to availability, or (b) receive the value of the ticket, excluding any applicable service fees, as a credit towards the following year’s Event ticket(s).
Cancellation of All Event Days: In the event that all Event days are cancelled in their entirety and not rescheduled, then the value of the ticket, excluding any applicable service fees, will be available to the Holder as a credit towards the following year’s Event ticket(s).
FOR GREATER CLARITY, NO REFUNDS WILL BE ISSUED TO THE HOLDER AND/OR ANY ACCOMPANYING PARTY DUE TO THE MODIFICATION, CANCELLATION, POSTPONEMENT OR RESCHEDULING OF THE EVENT, REGARDLESS OF CIRCUMSTANCE.
Anyone who purchased this ticket from a source other than AIAS must seek any exchange, refund or reimbursement from that same source.
ASSUMPTION OF RISK
GENERAL ASSUMPTION OF RISK: By using this ticket, by attending or observing the Event or any attractions offered in connection with the Event, the Holder and any Accompanying Party voluntarily assumes all risks and danger of any injury, loss or damage to personal property and all other hazards or damage or loss arising from or related in any way to attendance at the Event, whether caused by negligence or otherwise. The holder agrees that AIAS and all of the respective affiliates, directors, officers, employees, volunteers, and agents of all the foregoing, including negligence, are expressly released by the Holder from claims arising from such causes.
COMMUNICABLE DISEASE: Communicable diseases can be contagious and dangerous and could lead to severe illness and/or death. An inherent risk of exposure to communicable disease exists in any public place (including the Event) regardless of precautions that may be taken. By using this ticket or by attending the Event, the Holder and any Accompanying Party voluntarily assumes all risks associated with such dangers.
HEALTH PROMISE: The Holder and any Accompanying Party agree that they will not attend the Event if, within fourteen (14) days preceding the Event, they have (a) tested positive or presumptively positive for any Communicable Disease or been identified as a potential carrier of a Communicable Disease; (b) experienced any symptoms commonly associated with a Communicable Disease; or (c) been in direct contact with or the immediate vicinity of any person who is confirmed or suspected of being infected a Communicable Disease. The Holder will not use this ticket or knowingly allow an Accompanying Party or any other person to use this ticket or any ticket retained for an Accompanying Party if either of them is required and/or advised (whether pursuant to applicable law or guidance of public health authorities) to self-isolate, quarantine or otherwise refrain from attending at public gathering places.
RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNITY
For the purposes of the following, “Releasees” means all of the following: AIAS, all past, present and future Authorized Entities (including, but not limited to MyZone Media Inc., Abbotsford International Airport, and City of Abbotsford), and all shareholders, directors, officers, employees and agents of the Authorized Entities (including performers).
THE HOLDER, ON BEHALF OF THE HOLDER, ANY ACCOMPANYING PARTY AND ANY OF THEIR RESPECTIVE PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, NEXT OF KIN AND/OR ANY OTHER PERSON OR ENTITY THAT MAY BE ENTITLED TO MAKE A CLAIM ON THE HOLDER’S OR ACCOMPANYING PARTY’S BEHALF, WAIVES, RELEASES, DISCHARGES, HOLDS HARMLESS AND COVENANTS NOT TO SUE AIAS AND THE OTHER RELEASEES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, THAT MAY ARISE IN CONNECTION WITH OR IN ANY WAY RELATED TO (A) USE OF THIS TICKET, (B) PRESENCE AT THE EVENT, OR (C) OBSERVING OR PARTICIPATING IN THE EVENT OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASEES, WHETHER OCCURRING BEFORE, DURING OR AFTER THE EVENT, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) IN WHOLE OR IN PART, THE SOLE, JOINT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY, OF THE RELEASEES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE EVENT, INCLUDING, WITHOUT LIMITATION (X) ALL CLAIMS FOR LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURIES, WRONGFUL DEATH, OR EXPOSURE TO ANY COMMUNICABLE DISEASE BY THE HOLDER, ANY ACCOMPANYING PARTY OR OTHER INDIVIDUALS EXPOSED TO ANY COMMUNICABLE DISEASE BY THE HOLDER OR ANY ACCOMPANYING PARTY; AND (Y) ALL CLAIMS IN CONNECTION WITH THE APPLICATION OF ANY SECURITY AND/OR HEALTH AND SAFETY PROTOCOLS AND POLICIES TO THE HOLDER OR ANY ACCOMPANYING PARTY (THE “RELEASED CLAIMS”).
The acknowledgements 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. 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.
Except to the extent prohibited by applicable laws, any dispute claim or cause of action arising out of or in any way related to the Terms shall be settled by mandatory, confidential, and binding arbitration under the Arbitration Act, 2020 (British Columbia). The place of arbitration shall be Abbotsford, British Columbia, Canada. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of all parties. Neither the Holder, the Accompanying Party, as applicable, nor the applicable Releasee(s) shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate as a representative member of a putative class. The arbitrator shall have the power to award any remedies under applicable law. Any award, and any judgement confirming it, applies only to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.
The Terms will be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein and the exclusive venue for any disputes related to the Terms or the use of this ticket will be any court of competent jurisdiction sitting within the Province of British Columbia.