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Purchase Terms & Conditions

Purchase Terms & Conditions

 

ATPI Travel and Events Canada Inc., a company incorporated under the laws of the Province of Quebec, a wholly owned subsidiary of ATPI Limited, and whose registered office is located at 19 Cours Le Royer West, Suite 105, Montreal, Quebec, H2Y 1W4 (ATPI) has been appointed as the official Sub-Distributor of On Location for the sale of Paris 2024 Official Hospitality Products (Packages) in Canada.

These Purchase Terms and Conditions (“Terms and Conditions”) are entered into between ATPI and You (referred to herein as the “Purchaser”) (each a “Party” and collectively, the “Parties”).

Each package purchased hereunder shall include the elements listed in the Order Form which may include, but not be limited to, “Ticket(s)” to Paris 2024 sporting or ceremony session(s) (each, a “Session”) hospitality, experience(s) or other events, travel, accommodation, any other item(s), service(s) (collectively, “Package Element(s)”). For the purposes of this Agreement, the term Ticket shall apply only to the ticket or other credential issued by P24 to attend a Session.

‘Order Form’ for the purposes of B2C purchases shall mean either the online order summary page if Package Elements are purchased online or the email confirmation if purchased by telephone. For the purposes of B2B purchases shall mean the ‘Paris 2024 Official Hospitality Order Form’ signed by ATPI and you.

Purchaser acknowledges that this Agreement shall, to the fullest extent permitted by law, apply to any of its invitees and/or guests utilizing a Package(s) (collectively the Purchaser and any invitees or guests are the “Attendees”) and it is Purchaser’s duty to inform such person(s) of its obligations under this Agreement.

 

This Agreement expressly incorporates the ATPI Privacy policy available here and “On Location Privacy Policy” available at https://hospitalitytravelpackages.paris2024.org/discover/privacy-policy?language=en. Further, the Package(s) and each Attendee’s use thereof, are subject to, any other information provided by Company, On Location, the IOC and/or P24 including, without limitation, the latest version(s) in force of On Location’s purchase policy https://hospitalitytravelpackages.paris2024.org/discover/purchase-policy?language=en, IOC https://olympics.com/en/privacy-policy and P24 policies [https://www.paris2024.org/fr/politique-confidentialite/, and P24 ticketing terms and conditions https://tickets.paris2024.org/en/help/terms/. The policies referenced herein may be updated from time to time and without notice.

 

In the event of any conflict between these Terms and Conditions and the On Location’s purchase policy, these Terms and Conditions will control to the extent such conflict pertains to the legal rights of the Purchaser.

 

  1. PAYMENTS: Except for as expressly outlined in this Agreement, all payments of the Total Cost are nonrefundable and must be paid, in accordance with the schedule outlined in the Order Form. Company shall not be obligated to provide Tickets, Packages (or any element thereof) until Company receives the full and timely payment of the Total Cost.

 In the event Purchaser fails to remit payment in accordance with these Terms and Conditions, Company shall have the right to cancel the Packages purchased and Company shall have no obligation to Purchaser with respect to the Packages (or any element thereof) and Purchaser shall not be entitled to a refund. If any initial payment or deposit is made via credit card, Purchaser hereby authorizes Company to charge such credit card up to the amount of Total Cost in accordance with the payment schedule. There are no additional fees or charges for a payment plan. Purchaser further agrees that if such credit card expires, is invalid, deleted or otherwise incapable of effecting payment on the respective payment date, Company will notify Purchaser of such failure and permit Purchaser five (5) business days to make the applicable payment via an alternative payment method. If payment is still not received within such period, the purchase will be terminated and the full amount of any balance shall be immediately due. Purchaser’s failure to pay the Total Cost, in full, on or before the payment deadline (or any partial payment on its respective due date) shall constitute a default by Purchaser. Upon the occurrence of any payment default, Company shall have the right to immediately terminate this Agreement without notice, sell the Packages to any third party in its sole discretion and retain all previous payments made without refund or offset. Purchaser shall not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regards to the Packages.

  1. TAXES: Unless otherwise noted, the Total Cost is inclusive of all applicable VAT, sales or use taxes except as specified on specific elements of Package(s). Accordingly, unless determined otherwise by a legitimate taxing authority, Purchaser shall not be liable for additional payment of sales or use taxes. Notwithstanding the foregoing, Purchaser shall pay and/or be responsible for paying any applicable taxes not included in the total fee regardless of when or upon whom such taxes may be levied, assessed or imposed by any such legitimate taxing authority.

 

  1. Package Changes: For certain Packages, the Purchaser may be eligible to submit a name change for the Attendees included in the Package(s), which if applicable will be communicated to Purchaser at the time of sale and will be subject to Company’s approval in its sole discretion; provided, however, that in no case will Purchaser be able to transfer a Package for any reason or under any circumstance without the express written approval of Company. Company shall not be obligated to provide the Package(s) (or any element thereof) until Company receives the full and timely payment of the Total Cost. Tickets and/or other Package Elements will be delivered to Purchaser in accordance with the policies established by Company and/or as included in the Order Form. Any changes requested by Purchaser to a Package after the purchase of it is complete, to the extent permitted by Company in its sole discretion, shall result in additional costs.

 

  1. Revocable License; No Resale: Each Package is a revocable license. Company, On Location, P24 and/or the IOC each, as applicable, reserve the right, without refund of any portion of the Total Cost paid or other compensation to Purchaser, to refuse admission or to eject any Attendee from any Session or any service or event included in the Package Element(s), and/or withdraw or refuse to begin Packages or provide goods to any Attendee, who fails to comply with this Agreement or policies put in place for a Session or a Package Element(s) and/or applicable law or ordinance, in whole or in part, or whose conduct is deemed by Company, On Location, P24 and/or IOC, as applicable, as disorderly, illegal, abusive, threatening, aggressive, or otherwise a nuisance to other consumers, or out of compliance with this Agreement or an applicable third party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behaviour“). Further, for the purpose of preventing the risk of fraud, it is forbidden, within a sport event venue, to bet in any way whatsoever (electronically or otherwise) on any elements, results or events linked to the sports event or to use any means of communication (electronic or otherwise) to gather sports-related data intended for betting purposes. Violation of the preceding sentence by any Attendee shall be considered within the meaning of Removal Behaviour. Except to the extent permitted by applicable law, statute, regulation or ordinance, all the elements of Package, including the Package itself, may not be resold or offered for resale without Company’s consent, which may be withheld, conditioned or delayed in its sole discretion. Any resale in violation of this Agreement or applicable law will invalidate Purchaser’s Package and revoke any license granted (t)hereunder without refund. Furthermore, Purchaser shall not use a Package (or any element thereof) for advertising, marketing, promotions or any other commercial purposes, including, without limitation, contests, auctions, sweepstakes and giveaways, without the express written consent of Company, which may be withheld, conditioned or delayed in its sole discretion. Violation of any of the foregoing, without prejudice to civil or criminal prosecution, may result in (i) cancellation of the Package(s) without refund, (ii) notification of such violation to P24 and IOC and (iii) Company and/or On Location refusing to sell future packages/Packages to the Purchaser.

 

  1. NO REFUNDS: UNLESS OTHERWISE NOTED IN WRITING, ALL SALES, PURCHASES, INSTALLMENTS, DEPOSITS, AND PARTIAL PURCHASES UNDER A PAYMENT PLAN ARE FINAL, NON-REFUNDABLE, AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. IF PURCHASER FAILS, FOR ANY REASON, TO MAKE A PAYMENT, PURCHASER’S PURCHASE MAY BE VOIDED AS A RESULT AND PURCHASER WILL NOT RECEIVE A REFUND. IF APPLICABLE, PLEASE BE SURE THAT PURCHASER AND/OR ANY ATTENDEE(S) HAVE A VALID PASSPORT PRIOR TO MAKING A PURCHASE AND ANY OTHER NECESSARY TRAVEL DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, VISAS OR VACCINATIONS, AS NO REFUNDS OR EXCHANGES WILL BE AVAILABLE IF PURCHASER OR ANY ATTENDEE(S) ARE UNABLE TO TRAVEL FOR ANY REASON. THERE ARE NO REFUNDS OR EXCHANGES FOR ILLNESSES, EMERGENCIES, OR ANY OTHER UNEXPECTED CIRCUMSTANCES AFFECTING PURCHASER’S OR ANY ATTENDEE(S) ATTENDANCE AT THE EVENT. PURCHASER HAS NO RIGHT TO WITHDRAW.

 

  1. TICKETS: Use of the Tickets included in Packages purchased hereunder shall be subject to the P24 ticketing terms and conditions https://tickets.paris2024.org/en/help/terms/. The Tickets included in your Packages may not include the actual location of your seats at the time of purchase, however, the Package will, at minimum, identify the category(ies) of Tickets included. Company shall communicate the actual seat locations as soon as such locations are made available by P24. All Tickets will be delivered electronically. In addition to the prohibition on the unauthorized resale of Packages, Purchaser acknowledges that Tickets may not be separated from the other elements of the Package and re-sold.

 

  1. CONFIRMATION AND DELIVERY: Once the Package is confirmed and payment is completed, the Purchaser and, as the case may be, the Attendee, will receive a confirmation email providing the Purchaser and the Attendee with a confirmation number (the “Order Confirmation”). The Purchaser and the Attendee must keep the Order Confirmation.The Purchaser will provide ATPI in a timely manner with the information required (including any further information required) regarding itself and any other Attendee. The Purchaser and the Attendee shall be responsible for verifying that all of the information contained in an Order Confirmation correctly reflects the Package purchased. If any of the information contained in an Order Confirmation is incorrect, the Purchaser or the Attendee must contact ATPI immediately in order to have it corrected. The Purchaser and the Attendee are fully responsible for any errors or missing information. The Purchaser hereby agrees that ATPI will be entitled to provide the information regarding itself and any other Attendee, including, without limitation, the mobile telephone number and e-mail address, to third party travel s providers. The Purchaser warrants to ATPI that all Attendees have given the Purchaser the requisite authorizations to transfer such information to ATPI, the Purchaser hereby indemnifying ATPI in respect of any claims brought by any Attendee in respect of any such transfer or holding of, or dealings with, any such information. If the Purchaser does not wish to permit such information to be provided or is in default in this respect, ATPI will not be liable for any delays and/or other damage caused by the inability to inform the Attendees in a timely manner by or on behalf of ATPI. If, for any reason whatsoever, the Purchaser or the Attendee does not receive an Order Confirmation or an error message is received or the Purchaser encounters a service interruption, the Purchaser is fully responsible to contact the customer service team to confirm whether the order was properly processed. The Purchaser is fully responsible for any problems that may occur during the process of purchasing the Packages. In such case, ATPI shall not be responsible or liable for any losses (monetary or otherwise) that may result from any problem occurring during the purchase process of Packages through its website, including, without limitation, the failure of a transaction to be completed or confirmed, whether through the actions of ATPI or its related entities, or a third party. Electronic tickets will be delivered by means of e-mail or facsimile transmission. For other travel documents issued, delivery or pick- up arrangements will be made between the Purchaser and ATPI. If the Purchaser elects to have any documents delivered by courier, applicable courier charges will be payable by the Purchaser. The Purchaser and the Attendee are responsible and liable for compliance with the applicable third party terms and conditions. 

 

  1. PURCHASER RESPONSIBILITIES AND DOCUMENTATION: It is the responsibility of the Purchaser to ensure that he or she and the other Attendees have the appropriate documentation in their possession (such as current and valid passports, visas and identification cards) before leaving Canada, and that they satisfy all other applicable requirements (such as vaccinations), to gain entry to the chosen destination and re-entry to Canada. The Purchaser acknowledges having had the opportunity to review the applicable documentation and other requirements prior to completing the purchase of Packages. Obtaining passports and visas may require lengthy processing times and it is the Purchaser’s and the other Attendee’s responsibility to ensure timely receipt of all documents. The Purchaser acknowledges that entry to another country may be refused even if the required information and travel documents are complete.Specialized notarized documentation may be required for unaccompanied minors and for children traveling without both parents. It is the responsibility of the Purchaser and/or Attendee to validate such requirements before travel. The Purchaser and the Attendee will be responsible for obtaining additional information necessary from the relevant authorities and will verify in a timely manner prior to the departure or the commencement of the event whether the information obtained earlier has been changed since that time. 

 

  1. AIRPORT CHECK-IN: It is the Attendee’s obligation to check-in at the airport for air travel within the time specified by the applicable Third party provider and, following check-in, to proceed to the correct departure gate by the time specified on the Attendee’s boarding pass. A Attendee will be denied boarding if the Attendee has not checked- in or arrived at the correct departure gate on time. ATPI is not responsible if the Attendee misses his or her flight.

 

  1. FLIGHT TIMES AND RECONFIRMATION: All flight times, carriers, equipment and itineraries are subject to change with or without prior notice. If ATPI is made aware of a change by a Third party provider, it will use commercially reasonable efforts to advise the Purchaser and/or the Attendee as soon as possible. In the event of a flight delay related to weather, traffic or another force majeure situation, it may not be possible for the air carrier to provide meals and/or accommodations. ATPI is not responsible for lost wages, missed holiday time or any other additional charges incurred as a result of changes in times or itineraries.If a Third party provider cancels any part of the Packages on the ground of force majeure (including fires, floods, earthquakes or other natural disasters), that will not in any way affect the other parts of the Packages. With respect to the part of the Package that the Third party provider has cancelled on the grounds of force majeure, the Purchaser will be obligated to pay ATPI the intermediation fee owed to ATPI in respect of the part of the Package that have been cancelled. 

 

  1. FOREIGN TRAVEL: Air travel to other countries is governed by various conventions and agreements between Canada and other governments. It is the Purchaser’s responsibility to become familiar with the relevant laws and customs of the countries of destination. The Purchaser acknowledges that the living standards and practices at the destination and the standards and conditions at the destination with respect to the provision of utilities, Packages and accommodation may differ from those found in Canada.

 

  1. BAGGAGE ALLOWANCE: Air carriers publish baggage allowances applicable for carriage over their own Packages. Allowances include cabin baggage and check baggage. These allowances tend to be based on a weight/size allowance or a piece system. The Purchaser and Attendee must consult the terms and conditions of the applicable air carrier for restrictions on the number and weight/size of baggage, including carry-ons, and the applicable baggage allowances, on chartered and scheduled Packages. The Purchaser and the Attendee must also consult the terms and conditions of the applicable air carrier about the applicable baggage safety requirements.ATPI is not responsible or liable for any misinformation, additional costs or damages incurred by the Purchaser or the Attendee in relation with the allowed number and weight/size of baggage, baggage allowances and baggage safety requirements of an air carrier. Lost or damaged baggage is the sole and exclusive responsibility of the air carrier, which may have limited liability, and all complaints and claims in relation thereto may only be made to the air carrier. In the event of damaged, lost or delayed baggage, the Purchaser and/or Attendee should contact the applicable air carrier representative prior to leaving the airport or follow such process as the relevant air carrier requires.  

 

  1. INSURANCE: ATPI recommends the purchase by the Purchaser and any Attendee, at their own costs, of general travel insurance to cover trip cancellation or interruption, medical care and injuries, death, and loss of, or damage to, baggage.

 

  1. RELOCATED, CANCELLED, ADVANCED OR POSTPONED SESSIONS:
    1. The location, date and time of any Session and any other Package Element(s) are subject to change (including, but not limited to, cancellation, advancement, postponement or relocation) by, as applicable, Company, On Location, P24, the IOC or any other third party responsible for the staging of a Session or other Package Element(s) (collectively, the “Organizers”), respectively, in each of their sole discretion, and no such change shall entitle Purchaser or any Attendee to a refund or any other remedy in the event that Purchaser or Attendee cannot attend a Session or make use of any Package Element(s) for any reason due to such change unless otherwise specified in this Agreement or agreed to in writing by Company. Further, Purchaser acknowledges that start and end time of Sessions are indicative and that the start and/or end time of such Sessions may change. Purchaser expressly accepts the risk of delay and other risks inherent to sports events (in particular meteorologic constraints), etc.
    2. Any Package Element may be cancelled, advanced, postponed, delayed, altered, relocated or rescheduled at any time with or without notice in the Organizers’ sole discretion, as applicable, or due to the actions or events beyond the reasonably foreseeable control of the Organizers, the Organizers will not be liable to Purchaser or any other party because of any failure to perform hereunder due to fire, earthquake, rain, adverse weather conditions, flood, or any other acts of God, power failures, electrical or mechanical difficulties, strikes, lockout, work stoppages or other labor disturbances, governmental regulations or restrictions, terrorism, war, civil disturbances, epidemic, pandemic (including COVID-19) or any other cause or condition, whether known or unknown, or similar or dissimilar to any of the foregoing, beyond the reasonably foreseeable control of the Organizers (“Force Majeure”). Delay in the performance of this Agreement or the failure of Company or the other Organizers to perform or provide the Package (or any Package Element) caused by any Force Majeure shall not constitute a breach of this Agreement or a ground for cancellation, suspension or termination hereof.
    3. If a Session is cancelled, the Purchaser is entitled to request a reduction of the Package price specifically related to the Ticket(s) for such Session. The reduction of the Package price may give rise to a refund by Company up to the Ticket value of the Session. The refund will only be made to the original Purchaser upon an express request made in writing by said Purchaser at the following email address: olympicgames@atpi.ca. Further, if a Package Element(s) is/ are cancelled, the Purchaser is entitled to request a reduction of the Package price specifically related to such Package Element(s). In all cases, no ancillary costs of any kind whatsoever will be refunded or compensated. Company is not responsible for the actions of any other Organizers when a Session is cancelled.
    4. If a Session or any Package Element is relocated, advanced, postponed or rescheduled, Purchaser shall retain all applicable Ticket(s) or other credential(s) issued in connection with the same. In most cases, original Package Element(s) and any Ticket(s) will be honoured for the new Session or Package Element date and a new Ticket(s) or other credentials will not need to be reissued. Refunds or exchanges will not be made for relocated, advanced, postponed or rescheduled Sessions or Package Elements and Purchaser shall only be entitled to attend the rescheduled Session or make use of the rescheduled Package Element. The Purchaser will only be entitled to request a reduction of the Package price if the relocated, rescheduled, advanced or postponed Session or Package Element results in a substantial decrease in the quality of the Package. Company is not responsible for incidental expenses that Purchaser may have incurred as a result of Purchaser’s plans to attend the Session(s) including, but not limited to, transportation expenses, hotel reservations, or rental car costs.

 

  1. MOBILE APPLICATION: Purchaser and/or Attendee(s) may be required to utilize a mobile application to utilize elements of the Package(s) including, without limitation, the Ticket(s). In connection thereto, Purchaser and/or Attendee(s) acknowledge and agree that the terms imposed by, as applicable, Company, On Location, P24, the IOC and/or any third party in connection with such mobile application shall supplement the terms of this Agreement and Purchaser and/or Attendee(s) agree to be bound by such terms.

 

  1. THIRD PARTY ASPECTS OF PACKAGES: Some of the goods and/or Packages which make up the Package are provided by third parties in accordance with their own terms and conditions which may limit or exclude such third party’s liability to Purchaser. Purchaser agrees to abide by the terms and conditions of purchase imposed by any third party with whom Purchaser elects to deal, including, but not limited to, payment of all amounts when due and compliance with the third party’s rules and restrictions regarding availability and use of goods, products and/or Packages, including any cancellation charges or fees that might be assessed by such third parties. Purchaser understands that any violation of any third party’s terms and conditions may result in cancellation of Purchaser’s and/or Attendee(s)’ reservation or purchase, in Purchaser’s and/or Attendee(s)’ being denied access to the applicable aspect of Package or Session, in Purchaser’s and/or Attendee(s)’ forfeiting any monies paid for such amenity, and/or in our debiting Purchaser’s account for any costs Company incurs as a result of such violation or any cancellations that result in a fee, without refund from Company. Purchaser agrees that Company is in no way responsible for the accuracy, timeliness or completeness of information Company may obtain from third parties. Purchaser’s and/or Attendee(s)’ interaction with any third party is at Purchaser’s own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from Purchaser’s and/or Attendee(s)’ interactions with any third party. Purchaser and/or Attendee(s) may be relocated to an alternative room in the sole discretion of a hotel, lodging provider or Company and no such relocation shall entitle Purchaser to a refund, make-good or other remedy if Purchaser and/or Attendee(s) are relocated to a comparable room at a comparable hotel or other form of lodging. If applicable, hotel/lodging/resort information provided by Company (including, without limitation, ratings, photographs, list of hotel/lodging/resort amenities, and descriptions of property and rooms) are provided by the respective suppliers and service providers. This hotel/lodging/resort/dining information are general guidelines and Company cannot guarantee their accuracy. They are to be used as a general guide and the ratings and hotel/lodging/resort information may be amended periodically by the respective suppliers to keep current. If purchasing hotel accommodations, certain hotels may have minimum age requirements; Purchaser shall have to pay attention to all details of each Package description prior to purchasing, as no refunds or exchanges will be available for erroneously made purchases. Some hotels and resorts or other third parties may require Purchaser and/or Attendee(s) to present a credit card or cash deposit upon check-in to cover additional expenses incurred during Purchaser’s and/or Attendee(s)’ stay. Such deposit is unrelated to any payment received by Company for Purchaser’s hotel booking or other transaction. Some hotels and resorts or other third parties may require Purchaser and/or Attendee(s) to present a valid driver’s license, valid government issued identification or passport upon check in. Purchaser acknowledge that some third parties offering certain Packages and/or activities may require Purchaser and/or Attendee(s) to sign their liability waiver prior to participating in the service and/or activity they offer.

 

  1. ACCESSIBILITY: Company strives to provide an accessible environment for everyone. Wheelchair accessible and aisle-transfer (semi-ambulatory) seating locations are offered at various price points and locations for most Sessions and/or Package Elements, subject to availability. Enhanced accessibility for individuals with hearing loss or low vision and for those who are deaf or blind may also be available. In the event such a seating location is required, Purchaser must notify Company at or before the time of purchase. Purchaser shall have to select the location or price point that best fits Purchaser’s needs. If Purchaser uses assistive technology (such as a Braille reader, a screen reader, or TTY) and the format of any material on this Web site or Company’s mobile applications interferes with Purchaser’s ability to access information, Purchaser shall have to contact Company at olympicgames@atpi.ca. To enable Company to respond in a manner most helpful to Purchaser, Purchaser shall have to indicate the nature of Purchaser’s accessibility problem, the preferred format in which to receive the material, the Web address of the requested material, and Purchaser’s contact information.

 

  1. Publicity Release: The Session included in the Package is a public event and Purchaser’s and/or Attendee(s’)’s appearance and actions inside and near the perimeter of the venue where the Session is occurring are public in nature. Purchaser and Attendee(s) acknowledge that the Session will be photographed, filmed and/or otherwise recorded and that the IOC owns all rights, titles and interest in such recordings. By attending a Session Purchaser and/or Attendee(s) acknowledge that with respect to (i) the capture and use of their image and/or voice, and (ii) any images recorded by Purchaser and/or Attendees at the Session, the P24 Ticketing Terms and Conditions, available here [add link], apply. In addition to the terms and conditions included in the P24 Ticketing Terms & Conditions, all other guidelines made available by the IOC or P24 through www.olympics.com may apply.

 

  1. Information Sharing; and Data Protection: Company and OL undertakes to process and keep all personal information entrusted in compliance with the provisions Personal Information Protection and Electronic Documents Act (PIPEDA), the Consumer Privacy Protection Act (CPPA) once implemented as well as the European Data Protection Regulation n°2016/679 (hereinafter “GDPR“) and any other laws or regulations which may apply from time to time to the personal data, and use the same solely for the organization and management of the Session(s) and/or Package Element(s) and to keep Purchaser informed of the Session(s) and/or Package Element(s) news and to give Purchaser the benefit of goods and Packages related to the Session(s) and/or Package Element(s). Further, Company and OL agree to comply with CASL and agrees not to contact Purchaser via electronic messaging without the express consent of the Purchaser. For more information on the processing of personal data, Company invites Purchaser to consult the Company Privacy Policy available [insert] and OL Privacy Policy available [insert] (the “Policies”). To the fullest extent permitted by law, Purchaser and each Attendee shall be bound by the Policies. In accordance therewith and the terms hereof, any information, including personally identifiable information, provided by Purchaser or an Attendee or otherwise collected by Company pursuant hereto or otherwise in connection with the Packages shall be jointly owned by the Released Parties (as defined). The Released Parties will use Purchaser’s and/or Attendee’s data in accordance with their respective privacy policies, without any additional permissions or authorizations, and applicable law.

 

  1. PROHIBITED MARKS AND COMMERCIAL BRANDING: Purchaser acknowledges that all rights in any trademarks associated with the business of the Company, On Location, the IOC and P24 (i.e., trademarks, service marks, slogans, logos, designs, and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of each such party, respectively. Purchaser’s Package does not grant Purchaser, and Purchaser shall not use, any Paris 2024 Marks (as defined herein) for any reason whatsoever without P24’s prior written consent. “PARIS 2024 Marks” means the marks, trade names, domain names, trade dress and all other names symbols, emblems, designs and colours of PARIS 2024 (including the “look and feel” of the 2024 Olympic Games and 2024 Paralympic Games); any derivatives thereof; and other identifying symbols, slogans and indicia adopted for commercial purposes by P24 and/or the IOC including any/all PARIS 2024 Marks, Olympic Games marks, Paralympic Games marks and any derivatives thereof, the term “PARIS 2024 Hospitality”, and any designation(s) utilized by On Location (e.g. Official Paris 2024 Olympic and Paralympic Hospitality Provider). Purchaser acknowledges and agrees that all right, title and interest in and to the PARIS 2024 Marks Olympic Games marks and Paralympic Games marks belong exclusively to P24 and/or the IOC respectively and that the PARIS 2024 Marks, Olympic Games marks and Paralympic Games marks have secondary meaning. Purchaser agrees that the PARIS 2024 Marks, Olympic Games marks and Paralympic Games marks possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained by their unauthorized use. Purchaser recognizes that irreparable injury would be caused by unauthorized use of any of the PARIS 2024 Marks, Olympic Games marks and Paralympic Games marks and agrees that P24 and/or the IOC, as applicable, shall have the right to seek injunctive and other equitable relief in the event of such unauthorized use and that such remedy would not be exclusive of other legal remedies available to P24 and/or the IOC. Purchaser acknowledges that Purchase and all Attendees will not receive any marketing, promotional, communications or other rights to commercially associate with P24, the IOC, or the 2024 Olympic Games and 2024 Paralympic Games at all and may not display commercial branding at any Session or Package Element (e. including without limitation no signage, no branding on uniforms, no giveaways, etc.).

 

  1. COVID-19: Protocols, Assumption of Risk, and Release: On Location has undertaken a number of measures to help mitigate the risk transmission of COVID-19 and other contagious illnesses, and the Session(s) and/or Package Element(s) may have enhanced health and safety measures in place due to the COVID-19 outbreak in order to prevent further spread of COVID-19. Purchaser and any Attendee(s) may be required to follow any policies or protocols put in place by the local, state or federal governments, On Location, P24, the IOC, any venue owner and/or operator, or any Session(s) and/or Package Element(s) organizer in order to attend the Session(s) and/or make use of the Package Element(s), which may include, but not be limited to, masking, proof of vaccination or negative COVID-19 test (collectively, the “Protocols“). Refunds will not be provided in event Purchaser and/or Attendee(s) are denied access to a Session(s) and/or Package Element(s) for failure to follow such Protocols. Purchaser, on behalf of itself and any Attendee(s) acknowledge that COVID-19 is extremely contagious and that despite the measures On Location, P24, the IOC or any third-party have implemented to help mitigate the risk of transmission, the elimination of risk of exposure and infection to COVID-19 is not currently possible, in connection thereto it shall be the sole responsibility of Purchaser, as well as any Attendee(s), including on behalf of any minors accompanying any of the foregoing, to utilize their best efforts to avoid any action or omission which may jeopardize their own safety or the safety of others. IN FULL KNOWLEDGE AND COMPLETE ASSUMPTION OF ALL OF THE RISKS RELATED TO COVID-19, PURCHASER, FOR ITSELF AND ON BEHALF OF THE ATTENDEE(S) (INCLUDING MINORS ACCOMPANYING PURCHASER OR THE ATTENDEE(S)) (COLLECTIVELY, THE “RELEASING PARTIES”), HEREBY IRREVOCABLY ACKNOWLEDGES THAT COMPANY, ON LOCATION, P24 OR THE IOC, OR IPC WILL NOT BE LIABLE FOR ANY INJURY, ILLNESS, DAMAGE, LOSS OR HARM TO ANY RELEASING PARTY OR SUCH RELEASING PARTY’S PROPERTY OR THE RELEASING PARTY’S DEATH OR DISABILITY, WHETHER IN CONNECTION WITH THE ILLNESS(ES), HARM(S), OR OTHERWISE, RESULTING OR ARISING OUT OF OR IN ANY WAY RELATED TO COVID-19, ON THE OCCASION OF THE PREPARATION FOR, TRAVEL FOR, ATTENDANCE AT, AND PARTICIPATION IN THE SESSION(S) AND/OR PACKAGE ELEMENT(S) AND USING THE BENEFITS AND ELEMENTS OF THE PURCHASE INCLUDING, WITHOUT LIMITATION, INCLUDED PACKAGES AND THIRD-PARTY PROVIDED PACKAGES PURCHASED HEREUNDER UNLESS SUCH INJURY, ILLNESS, DAMAGE, LOSS, HARM, DEATH OR DISABILITY IS IMPUTABLE TO A FAILURE BY AN ORGANIZER TO PUT IN PLACE THE MANDATORY AND/OR APPROPRIATE MEASURES INCLUDING THE PROTOCOLS REFERRED TO IN THE PARAGRAPH ABOVE.

 

  1. Search AND Background Check: In accordance with applicable French regulations and, more specifically, Article L.613-3 of the French Internal Security Code, Purchaser and Attendee (including their belongings) may be searched upon entry to or otherwise in connection with Purchaser’s and/or Attendee(s) attendance at any of the Sessions and/or use of any of the Package Elements. Purchaser and Attendee(s) hereby consent to such searches and any other security protocols or Protocols (as defined above), and forever waive any and all related claims that could arise. If Purchaser elect to withdraw such consent to such searches or fail to follow any Protocols, Purchaser may be denied access to a Session or Package Element(s), or removed from a Session or Package Element(s), without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, laser pointers, strobe lights, irritants, various forms of containers, and any other item noted as prohibited or other information released by us, the IOC or P24 including, without limitation, P24’s “List of Prohibited Items”. From time to time in relation to a Session(s) and/or Package Element(s), Purchaser and Attendee(s) may be subject to a criminal background check prior to such event. Purchaser (on Purchaser’s behalf and Attendee(s) behalf) consent to such background checks and waive any related claims that may arise. If Purchaser and/or Attendees elect not to consent to such background checks, Company or On Location, as applicable, may cancel Purchaser’s purchase in Company’s discretion. Breach of this Agreement, the Protocols, or any of Company’s or any applicable third party’s terms, conditions, rules or policies will terminate Purchaser’s and/or Attendee(s) license to attend the Sessions and/or Package Element(s) without refund or other compensation. If Purchaser and/or Attendee(s) do not satisfactorily pass any such background check, Purchaser may be entitled to a refund in connection to the element of the Package Purchaser and/or Attendee(s) are unable to attend as a direct result of participating in, and subsequently failing to pass, any such background check.

 

  1. Representations and Warranties: Without limiting anything set forth in this Agreement, Purchaser hereby represent and warrant, for itself and its Attendees, that (a) Purchaser will not violate any applicable laws, ordinances and/or regulations at or in connection with the Session(s) and/or Package Elements; (b) Purchaser is of sufficient legal age and authority to enter into any transaction with Company, to attend the Session(s) and/or Package Elements, and to create legal binding obligations for any liability Purchaser may incur as a result of entering into this Agreement; (c) Purchaser is an authorized user of the credit or debit card used enter into any transaction with Company; (d) Purchaser shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Company and/or any applicable third party; (e) Purchaser has obtained any and all passports, visas, health information and/or other permission necessary in connection with Purchaser’s transaction with Company; and (f) Purchaser will not attempt to charge back Purchaser’s purchase with Purchaser’s bank or credit card company.

 

  1. LIMITATION OF LIABILITY: BY ENTERING INTO THIS AGREEMENT, PURCHASING, LICENSING AND ACCEPTING THE PACKAGE OR ANY ELEMENT THEREOF, PURCHASER (AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS) AND EACH ATTENDEE AGREES THAT COMPANY, P24, THE IOC, THE IPC, THE ON LOCATION ENTITIES AND THEIR RESPECTIVE PARENT COMPANY, SUBSIDIARIES, AFFILIATES, VENDORS, DISTRIBUTORS, AGENCIES AND OTHER PARTIES INVOLVED IN THE EXECUTION OF THE EVENT, DELIVERY OF THE PACKAGES OR ANY ELEMENT THEREOF; EACH OF THE FOREGOING ENTITIES RESPECTIVE PAST, PRESENT AND FUTURE LICENSEES, SPONSORS, VENDORS, SUCCESSORS AND ASSIGNS; THE OWNER AND/OR OPERATOR OF THE STADIUM OR APPLICABLE VENUE; ANY LOCAL OR STATE GOVERNMENTAL BODY ASSOCIATED WITH THE EVENT AND ANY ATHLETES, COACHES, OFFICIALS, VOLUNTEERS AND EMPLOYEES (THE “RELEASED PARTIES”) SHALL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER LOSS SUFFERED BY ATTENDEE AND/OR MINORS OR PURCHASER (AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, INVITEES OR GUESTS), FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, THEFT OR VANDALISM, ARISING FROM PARTICIPATION IN, ATTENDANCE AT AND/OR OBSERVATION OF THE EVENT AND/OR THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, INCLUDING CLAIMS FOR INVASION OF PRIVACY, DEFAMATION, VIOLATION OF ANY RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER CAUSE OF ACTION ARISING OUT OF THE PRODUCTION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, PUBLICATION, PUBLIC PERFORMANCE, BROADCAST OR EXHIBITION OF ADVERTISEMENTS, PROMOTIONS, CONTENT, PROGRAMS AND/OR MATERIALS IN WHICH RECORDINGS OR PHOTOGRAPHS OF TICKETHOLDER AND/OR MINORS FROM THE EVENT APPEAR, WHETHER SUCH RECORDINGS AND PHOTOGRAPHS ARE CAPTURED PRIOR TO, DURING OR SUBSEQUENT TO THE EVENT (COLLECTIVELY, THE “RELEASED CLAIMS”). PURCHASER AND EACH TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, HEREBY RELEASES AND FOREVER DISCHARGES THE RELEASED PARTIES FROM AND AGAINST ALL RELEASED CLAIMS. FURTHERMORE, PURCHASER AND EACH TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, COVENANTS NOT TO SUE ANY OF THE RELEASED PARTIES IN CONNECTION WITH ANY OF THE RELEASED CLAIMS. BY ATTENDING THE EVENT, TICKETHOLDER, ON HIS/HER OWN AND THE MINORS’ BEHALF, IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT TICKETHOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF THE MINORS, TICKETHOLDER SHOULD NOT ENTER THE VENUE OR IMMEDIATELY LEAVE WITH THE MINORS. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL ANY LIABILITY OF ANY OF THE RELEASED PARTIES EXCEED THE TOTAL COST, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

 

  1. ADDITIONAL COSTS: THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY COSTS AND EXPENSES INCURRED IN CONNECTION WITH THE PACKAGE OR PURCHASER’S USE OF ANY ELEMENTS THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS MADE BY ANY THIRD-PARTY SALES AGENT OR OTHER THIRD PARTIES IN ANY BROCHURES OR OTHER SALES MATERIALS.

 

  1. INDEMNIFICATION: Purchaser will indemnify, defend and hold harmless the Released Parties from and against all third-party demands, suits, claims, costs (including reasonable attorneys’ fees and expenses), expenses and liability arising out of, incidental to or related in any way to (i) this Agreement, (ii) Purchaser’s and/or Attendee(s)’ (including minors) attendance at, observation of and/or participation in the Session(s) and/or Package Element(s), (iii) Purchaser’s and/or Attendee(s)’ acts or omissions, or (iv) Purchaser’s and/or Attendee(s)’ actual or alleged breach of any of the terms, conditions of this Agreement including, without limitation, not following the Protocols or any other protocols imposed in connection with a Session and/or Package Element. No partner, investor, officer, director, member, manager, stockholder or other holder of an ownership interest of or in any Released Party shall have any personal liability in respect of such Released Party’s obligations hereunder by reason of his or its status as such limited partner, investor, officer, director, member, manager, stockholder, or other interest holder.

 

  1. NO PARTNERSHIP: Nothing in this Agreement will create any association, partnership, joint venture or agency relationship between any of the Released Parties and Purchaser. Purchaser shall not have the power to obligate or bind the Released Parties in any manner. Company and Purchaser each represents and warrants that such party has the right, power and legal authority to enter into and fully perform this Agreement, and that this Agreement, when executed and delivered by such party will be a legal, valid and binding obligation enforceable against such party in accordance with its terms and conditions. Each party further covenants to comply with all applicable federal, state and local laws, rules and regulations in connection herewith.

 

  1. GOVERNING LAW AND JURISDICTION: All matters arising out of or relating to this Policy are governed by, and construed in accordance with, the laws of the Province of Quebec and the federal laws of Canada applicable in the Province of Quebec. Where the terms of the Agreement conflict with the provisions of any Canadian federal, provincial, territorial consumer protection legislation or the like, those terms and conditions will be invalid or unenforceable, however, the remainder of the Agreement shall remain in force.  Any legal suit, action or proceeding arising out of or relating to this Policy shall be instituted in the courts of the Province of Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

 

  1. ASSIGNMENT: Purchaser may not assign rights or obligations hereunder without the prior written consent of Company. Company may freely assign this Agreement and shall be fully released from any liability hereunder in the event of such assignment. This Agreement is for the sole benefit of the parties and their permitted assigns and nothing herein, express or implied, is intended to or confers upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or due to this Agreement.

 

  1. MODIFICATION: If any term or condition of this Agreement is deemed invalid, illegal or incapable of being enforced by any rule of law or public policy, all other terms and conditions hereof will remain in full force and effect. Upon such determination that any term or condition is invalid, illegal, or incapable or being enforced, the parties will, if necessary, negotiate in good faith to modify this Agreement so as to give effect to the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible. No amendment to or modification of this Agreement shall be effective unless in writing and executed by Company and Purchaser.

 

  1. WAIVER: Neither any failure to exercise, nor any delay in exercising, any right, power or privilege hereunder by either of the parties shall operate as a waiver thereof; nor will any single or partial exercise of any right, power or privilege hereunder preclude any future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative, and may be exercised singly or concurrently, and are not exclusive of any rights or remedies provided by law.

 

  1. REPRESENTATIONS & WARRANTIES: The person executing this Agreement on behalf of Purchaser represents and warrants that he/she has the authority to bind Purchaser and that Purchaser shall be responsible for the payment of the Total Cost and all other amounts due in connection herewith. Purchaser further represents and warrants that it has the right, power and legal authority to enter into and fully perform this Agreement, and that this Agreement, when executed constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms and conditions set forth herein.

 

  1. ENTIRE AGREEMENT; COUNTERPARTS: This Agreement contains the entire understanding of the parties. It supersedes all prior written or oral agreements and understandings pertaining to the subject matter of this Agreement. This Agreement may be executed in one or more counterparts, electronically or otherwise, and by the different parties in separate counterparts, each of which when executed will be an original but all of which taken together will constitute one and the same agreement. The descriptive headings contained in this Agreement are for convenience of reference only and do not affect in any way the meaning or interpretation of this Agreement.

 

VERSION: 14 December 2022