Terms and Conditions
General Ticketing
By using this ticket, the holder of this ticket (the “Holder”) agrees to the following terms and conditions. This ticket is a personal, revocable license and the Edmonton Eskimo Football Club operating as Edmonton Elks Football Club (“EEFC”) and their assigns, successors, agents, employees, sponsors, licensees, advertisers, and broadcasters and Commonwealth Stadium management may refuse admission or remove any person who has obtained admission by this ticket for any reason at any time in their unfettered discretion, whether exercised reasonably or unreasonably. This ticket must be produced upon entry to an EEFC event (an “Event”) and upon request anytime thereafter.
Holder may be refused admission or removed without compensation for possessing alcohol not purchased from stadium vendors, for possessing, vaping or smoking cannabis on or near the premises, being intoxicated, using objectionable language or conduct deemed objectionable, failing to observe all stadium, municipal, provincial and federal laws, rules, regulations and bylaws, whether or not advance notice has been provided as to same. This ticket may not be resold or offered for re-sale at a premium. Dates and times are subject to change without advance notice. Holder assumes all risks and dangers involved in attending any Event, including, the risk of lost, stolen, or damaged property or personal injury, and releases the EEFC, the Canadian Football League (CFL) and CFL Member Clubs (the “Releasees”) and all of their assigns, agents and employees from any liability for any harm, damages, injury or loss whether occurring prior to, during or subsequent to any Event, and whether caused by negligence or otherwise, including, without limitation, injury, loss or damage caused by objects or players entering the seating area.
An inherent risk of exposure to COVID-19 exists in any public place regardless of precautions that may be taken. By holding this ticket, the Holder agrees to assume all risks associated with COVID-19 and other infectious and/or communicable diseases, viruses, bacteria or illnesses. The Holder shall defend, indemnify and hold harmless the Releasees and all of their assigns, agents and employees from any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees on a solicitor-client full indemnity basis, in connection with any claim, suit, action or proceeding arising out of or relating in any way to the Holder’s attendance at any EEFC event.
The Holder will not transmit or aid in transmitting any data in any hard copy, electronic format or media whatsoever that includes content of any EEFC football game or event, including without limitation any reproduction, picture, photo, video or audio content, account, or description. Holder assigns to the Releasees all rights to their image, likeness, personality and voice and waives all rights they may have, including without limitation any privacy, moral, personality and intellectual property rights in any recording or image obtained at any EEFC event. Holder agrees that the Releasees may make use of their image, likeness, personality or voice at an EEFC event for any purpose any of the Releasees see fit, including without limitation any commercial purposes. The EEFC is not liable for any images or recordings taken by other persons and the Holder agrees to release, defend and fully indemnify and hold the Releasees harmless from any claims relating in any fashion to any such images or recordings.
If this ticket is being used for entry by a minor the consent of the legal guardian must be confirmed prior to the minor being permitted entry to any Event. For greater certainty, if a minor seeking entry to any Event cannot provide evidence of his or her legal guardian’s consent upon request by EEFC, EEFC may refuse entry to the Event.
All sales are final and non-refundable. Lost, stolen or counterfeit tickets, and those offered for resale at a premium, may not be honoured. Holder may not enter an Event or otherwise use this ticket for advertising, promotion or other commercial purposes (including contests, sweepstakes, and giveaways) without the CFL’s and the EEFC’s express written consent. The terms and conditions of this ticket will apply even if the Holder is removed from the premises at which the Event is held, with or without compensation. Breach of any of the above terms and conditions may result in legal action against the Holder. Holder acknowledges that damages are not an adequate remedy for breach of any of the above terms and conditions and consents to injunctive or other relief which may be sought to enforce such terms and conditions.
“Club” means Edmonton Elks.
“League” means Canadian Football League.
“Match” means any football match taking place at the Venue.
“Venue” means this football stadium and all other locations owned, occupied or utilised by the Club.
You shall not, whilst in a Venue, use any electronic device to record or transmit any audio, visual or audio-visual material or any information or data concerning the progress, conduct or any other aspect of any Match for betting activities, unlicensed commercial activities or any other purposes in contravention of these terms and conditions, unless authorised or permitted to do so by the League. Mobile phones used for strictly personal and private use are permitted.
Any and all intellectual property rights in any unauthorised recording or transmission is assigned (by way of present assignment of future rights) to the League. You further agree (if and whenever required to do so by the League) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the League absolutely and with full title guarantee.
Field Level Compliance
In consideration for allowing me to participate in any or all of the promotional events, competitions, sports and/or activities on field at the CFL game between the Edmonton Elks and visiting opponent at Commonwealth Stadium, I hereby represent, warrant and agree that:
- I am familiar with and accept that there is always the risk of serious injury and/or death resulting from my participation in the Event; and
- I have satisfied myself, and believe, that I am physically, emotionally and mentally able to participate in the Event, and that my equipment, if applicable, is appropriate for use in the Event; and
- I understand that all applicable rules for participation and “Covid Protocols” must be followed at the Event and that at all times the sole responsibility for personal safety at the Event remains with me; and
- I will immediately remove myself from participation, and notify the nearest official, if at any time I sense or observe any unusual hazard or unsafe condition, or if I experience any deterioration in my physical, emotional or mental fitness, or if any activity in the Event exceed my comfort level; and
- I permit The Edmonton Elks Football Club, the Canadian Football League, CFL Enterprises LP, CFL Ventures and each of their affiliates, general partners, partners and related entities, and all others involved in the Event, including but not limited to, event organizers, sponsors, event venue, and each of their respective directors, officers, employees, representatives, agents, insurers, successors and assigns (collectively, the “Releasees”) to take photographs, videos or other recordings (collectively, the “Photographs and Videos”) of me at the Event. Further, I grant to the Releasees the right to use my name, Photographs and Videos, likeness, voice, image, statements, and biographical information at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide including the Internet, without review, notification or approval, and without any compensation, unless prohibited by law. I agree to waive any moral rights I may now or in the future have in the Photographs and Videos. I hereby release, indemnify and hold harmless the Releasees from and against any claims, damages or liability arising from or related to the use of the Photographs and Videos and any related materials thereto made by me, my family, estate, heirs or assigns now or in the future.
I UNDERSTAND AND AGREE, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:
- AN UNQUALIFIED ASSUMPTION BY ME OF ALL RISKS associated with my participation in any or all of the Event, even if arising from the negligence, omission or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the Releasees, and
- A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY OF ALL CLAIMS that I have, or may in the future have, against the Releasees from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my participation in any part of, or presence at, the Event due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE APPLICABLE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES.
- AN AGREEMENT NOT TO SUE THE RELEASEES for any claim, loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly, from my participation in any aspect of the Event; and
- AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them by me whether such claim is based on the negligence or the gross negligence of the Releasees or otherwise.
- I agree that if any portion of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. The Agreement supersedes any oral or written statements made by or to me in connection with my participation in the Event. I understand that I cannot terminate, cancel, or revoke the Agreement for any reason.
- This Agreement be governed by the laws, and in the courts of the Province or Territory in which the Event is located, and operates to the benefit of the Releasees, and is binding on me and my heirs, administrators, successors, assigns, insurers, and estate.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY PURCHASING A TICKET I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH I AND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
If you fail to comply with these terms and conditions you may be refused entry to or evicted from the Venue.