Terms and conditions

Ticketing and memberships terms and conditions

 

1. Definitions

1.1 In these Terms & Conditions the following words and phrases have the following meanings:

  • MFT: Mini Fridge Theatre Company Inc. with a registered mailing address at 2609 Taylor Street East, Saskatoon Saskatchewan, S7H1X1;
  • Event: an entertainment event including, without limitation, a theatrical production, concert, gig, exhibition and/or music event to be held at a Venue in respect of which MFT has the right to sell You Tickets;
  • Force Majeure: any cause beyond MFT's control including, without limitation, act of god, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments;
  • Group: group organisers, charities, travel and coach companies or other organisations that MFT has agreed to sell to knowing that the Tickets are intended for resale;
  • Material Change: a change which, in MFT's reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect (a change of cast/line-up or the use of understudies in a theatrical production shall not constitute a Material Change);
  • Promoter: the person firm or company staging the Event if not MFT;
  • Ticket(s): ticket(s) or other types of evidence (including electronic tickets) sold by MFT to You for the right to occupy space at or to attend an Event;
  • Venue: any facilities or locations of any nature where an Event is being held; and
  • You: you or anybody who in our reasonable opinion is acting with your authority or permission (Your shall be read accordingly).

 

2. Incorporation

2.1 If an Event is being presented at a Venue other than the current Venue in place at time of ticket sale and/or being presented by a Promoter, these Terms & Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue.

2.2 In the event of any inconsistency between the terms in relation to Venue or Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail.

2.3 Your contract for the purchase of Tickets is formed as soon as MFT has processed Your payment and will expire immediately after the performance of the Event for which You purchased Tickets. Any purchases are subject to payment card verification and other security checks and Your transaction may be cancelled if it has not passed MFT's verification processes.

 

3. Tickets

3.1 All Tickets are sold subject to availability and to these Terms & Conditions. These Terms & Conditions should be read carefully prior to purchase and any queries relating to them should be raised with MFT prior to purchase as purchase of Tickets constitutes acceptance of these Terms & Conditions.

3.2 A valid Ticket must be produced to gain access to an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.

3.3 A Ticket is only valid when purchased from MFT or an agent authorised by MFT. MFT is not responsible for any Tickets that have been purchased through unauthorised methods.

3.4 It is Your responsibility to check Your Tickets as if You have made a mistake it cannot always be rectified after purchase. You should check Your Tickets on receipt carefully and contact MFT immediately if there is a mistake.

3.5 MFT will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets. For example for non-seated Events where there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the Venue. Duplicates may therefore be issued at the discretion of MFT, the Promoter or the Venue acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied.

3.6 MFT and the Promoter reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided the alternative seats are of no less value to that stated on the Ticket.

3.7 Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.

3.8 Any Ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by MFT, provided that even if such consent is obtained, use of MFT's trademarks and other intellectual property is subject to its prior consent.

3.9 You agree not to obtain nor attempt to obtain any Tickets through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. MFT reserves the right to cancel any transactions which MFT reasonably suspects to have been made in breach of these provisions without any notice to You and any and all Tickets purchased as part of such transaction will be void.

3.10 Age guidance and restrictions for Events can be found on MFT's website and in Clause 17.5 below and these should be consulted, or an enquiry made to MFT's box office staff, before You purchase a Ticket. If You would like to know more about material featured in an Event that may cause distress, an enquiry should be made to MFT's box office staff before You purchase a Ticket.

3.11 Tickets may be sold subject to certain restrictions, such as restricted view. Any such restriction shall be displayed on MFT's website or otherwise notified to You before or at the time You book. It is Your responsibility to ensure that You read all notifications displayed on the website.

 

4. Price and payment

4.1 The price of the Ticket shall be the price set at the time MFT accepts Your order. All prices set are inclusive of any applicable taxes, booking and collection fees but exclusive of delivery fees.

4.2 No order will be accepted until MFT has received full payment. A Ticket order is only confirmed when MFT sends its email confirmation of the order.

4.3 MFT reserves the right to cancel any booking which MFT reasonably suspects to have been made fraudulently.

4.4 All discounts and promotions are subject to availability and may be withdrawn without notice. All discounts and promotions are not valid in conjunction with any other offer or retrospectively. If drinks are offered as part of a promotion, unless otherwise stated they will be for house spirits, beers or wines. These cannot be substituted and can only be supplied to individuals who can prove that they are over 19 years old. Full conditions will be published with any advertised discounts and promotions.

4.5 MFT reserves the right to sell Tickets at different prices at different times and on different dates as availability for an Event changes.

4.6 If the amount You pay for a Ticket is incorrect regardless of whether because of an error in a price posted by MFT or otherwise communicated to You, or You are able to order a Ticket before its scheduled on-sale or pre-sale date or You are able to order a Ticket that was not supposed to have been released for sale, then MFT will have the right to cancel that Ticket (or the order for that Ticket) and refund to You the amount that You paid. This will apply regardless of whether because of human error or a transactional malfunction of MFT's systems.

4.7 In the event, for whatever reason, that You have a credit balance on your account with MFT, such credit will expire 12 months after the date that the credit was added to Your account.

 

5. Season Ticket holders and group discounts

5.1 At certain times MFT holds the right to offer Season ticket passes at a reduced rate. This will include 1 Event ticket for each of the 4 shows held in a typical theatre season. The reduced rate will only be in effect for 1 season (4 shows). And may be subject to change in any future seasons. Season ticket passes are still subject to applicable taxes.

5.2 You must be over 19 years of age to purchase Season ticket passes from MFT

5.3  If You are a Season ticket holder, You shall, with immediate effect, receive a number of benefits as advertised from time to time on MFT's website. These benefits are subject to availability and may be varied without notice at the discretion of MFT but shall include:

(a) being given priority booking for all performances at MFT; and

(b) being exempt from paying any exchange fees detailed under Clause 7.2.

Membership offers no other entitlements to MFT and its facilities beyond the advertised benefits.

5.4 Season Ticket Holders consent to being contacted by MFT by email to enable MFT to send members information relating to their membership, benefits, news and announcements. Members shall not be sent any other content or content from third parties.

5.5 MFT reserves the right to cancel any Season ticket passes without compensation that has been used to transfer or re-sell associated benefits.Mft reserves the right to cancel any season ticket passes in the event that a ticket holder has demonstrated behaviour that conflicts with MFT's code of conduct (available on its website) or for any other reason MFT reasonably deems qualifies a membership for termination.

5.6 Full payment for a Season ticket pass is required before the aforementioned pass is valid. Season ticket passes are held to the same refund policy as regular Event tickets, as long as no Event ticket for any show in a season has been used. Any refund is null and void if any Event ticket for any show has been redeemed.

5.7 MFT reserves the right to discontinue the Season ticket holder scheme at any time. In such event, Ticket holders shall be refunded a pro-rata portion of their season ticket pass, based on the number of show that have passed in the season in which the pass was purchased.. The refund of the Season ticket pass shall be granted in the form of venue gift vouchers.

5.8 MFT reserves the right to vary the cost, benefits, names and terms and conditions of Season ticket passes at any time Provided That, except in relation to benefits, such changes shall only come into effect for new season passes sold or season passes renewed following the date of such changes.

5.9 Group discount rates may be offered for groups of 5 and up, with groups of 5-6 receiving $5 off per ticket, and groups of 7-8 receiving $10 off per ticket.The group rate is not applicable for previews or special events.

5.10 If You are booking tickets as a Group, You accept these Terms & Conditions on behalf of all members of the group.

 

6. Changes of event

6.1 MFT, the Promoter and/or the Venue reserve the right to make alterations to the published Event programme where reasonably necessary and without advance notice. Where such alteration is a Material Change, the terms of Clause 11.4 shall apply.

 

7. Refunds and exchanges

7.1 You may request to cancel your ticket for a full refund, up to 72 hours before the date and time of the event. Cancellations between 25-72 hours before the Event may be transferred to a different date/time of the same Event, however, due to coordination with multiple factors(caterer, venue, space, etc) this is not a guarantee. If we are unable to accommodate within this time frame, refunds can be requested less a 30% fee for catering. Cancellation requests made within 24 hours of the show date/time may not receive a refund nor a transfer, unless the performance is cancelled, rescheduled or where there is a Material Change to the programme of Event (see below). When you buy your ticket for a show, you agree to these terms.

7.2 At MFT's sole discretion and subject to availability, MFT may exchange tickets for another performance of the same Event provided MFT is given 48 hours' notice before the performance. You will pay the difference in price if the cost of the original Tickets was lower than the then-current cost of the new Tickets.

7.3 If the performance of an Event has sold out and You no longer wish to use Your Tickets, MFT, at its sole discretion, will attempt to re-sell Your Tickets. In such event, MFT makes no guarantee that it will re-sell Your Tickets. If MFT does re-sell Your Tickets, the full cost of the Tickets will be paid to You using the original payment method, not including the value of any delivery fees or other fees previously charged.

7.4 Where an Event is cancelled, rescheduled, abandoned or where there is a Material Change to the programme of the Event, You will first be offered the opportunity to exchange tickets for another performance of the Event. If there are no alternative tickets or if You are not able to attend an alternative performance of the Event the full purchase cost of the Tickets will be refunded via the original payment method.

7.5 These Terms & Conditions do not and shall not affect Your statutory rights as a consumer.

7.6 MFT does not generally carry understudies for its theatrical productions and so it may be necessary to cancel a performance of an Event at short notice due to cast indisposition.

7.7 MFT reserves the right to request a fowl foul in the case of a refund from a particularly foul individual. A fowl of equal value to the amount of refund requested (a chicken for a meal, a duck for an event ticket, a turkey for a table of 4 and an ostrich for a table of 8) must be presented to the MFT box office person in order to receive said refund. Failure to produce aforementioned fowl may mean forfeit of any refund attempt for said foul individual.

 

8. Liability

8.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at Your own risk. Liability for the cancellation or rescheduling of an Event, or for Material Changes to an Event, will be limited to the refund as detailed in Clause 7.

8.2 Neither MFT nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a direct result of MFT's negligence or that of the Venue or the Promoter or other breach of statutory duty. Any property left with MFT, the Venue or the Promoter, shall be entirely at Your own risk.

8.3 Nothing in these Terms & Conditions seeks to exclude or limit MFT's nor the Venue's nor the Promoter's liability for death or personal injury caused by MFT's, the Venue's or the Promoter's (as relevant) negligence, fraud or other type of liability which cannot by law be excluded or limited.

 

9. Cancelled and re-scheduled events

9.1 It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, MFT will use its reasonable endeavours to notify You using the details You provided MFT with at the time of ordering. MFT does not guarantee that You will be informed of such cancellation before the date of the Event.

9.2 It is Your responsibility to inform MFT of any change to the contact address, telephone number or email address You provide MFT with at the time of ordering.

 

10. Re-sale and use of tickets and property

10.1 You may not re-sell a Ticket. Any Tickets that have been re-sold will become void.

10.2 You may not transfer a Ticket to another individual under circumstances where the other individual is younger than any age restriction advertised for the Event.

10.3 Any complimentary tickets issued for an Event are non-transferable.

10.4 Any Ticket obtained in breach of this Clause 15 shall be void and all rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action.

10.5 Void Tickets are non-refundable

 

11. Restrictions on the purchase of tickets

11.1 There may be restrictions on the number of Tickets any individual can order. Any such restriction shall be notified to You at the time You book the Tickets. MFT reserves the right to cancel Tickets purchased in excess of this number, without prior notice unless the purchase of an excess was due to MFT's error.

 

12. Conditions of admissions

12.1 The Venue reserves the right, in combination with any other statements that may be displayed at the premises, to:

(a) refuse Ticket holders admission to the Venue or close the Venue;

(b) request that Ticket holders leave the Venue at any point and may take any appropriate action to enforce this right;

(c) refuse admission to the auditorium of latecomers or delay entry until a suitable break or interval of the performance (if any); and

(d) refuse re-admission to the auditorium for those leaving the auditorium during a performance or delay re-entry until a suitable break or interval of the performance (if any).

12.2 No refunds will be given to Ticket holders who are refused entry or ejected pursuant to Clause 12.1.

12.3 The Venue shall only request that Ticket holders leave the Venue under the terms of Clause 12.1(b) on reasonable grounds, such as:

(a) a Ticket holder has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to, affect the enjoyment of other visitors or has contravened MFT's code of conduct available on its website;

(b) a Ticket holder uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace;

(c) a Ticket holder in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or

(d) a Ticket holder fails, when required, to produce proof of identity or age.

12.4 You must comply with instructions and directions given by Venue staff and stewards.

12.5 Unless a performance is expressly stated to permit entry to children under the age of 19, children under the age of 19 are not permitted to enter the auditorium at MFT.

 

13. Restrictions and prohibitions

13.1 The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden unless You are informed otherwise. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an Event in breach of these conditions shall belong to MFT, the Venue or the Promoter. MFT, the Venue and the Promoter will not be liable for any loss, theft or damage to confiscated items.

13.2 By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience.MFT, the Venue or the Promoter may use such films and recordings (including any copies) without payment.

13.3 Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.

13.4 Mobile telephones and messaging equipment must be switched off during the Event unless You are informed otherwise. Watches and any other portable electrical devices must be silenced (including vibration functions) before entering an auditorium.

13.5 Alcohol may only be consumed in authorised areas.

13.6 Smoking is not permitted unless within a designated smoking area (if any).

13.7 The following are not permitted within any Venue:

(a) animals (with the exception assistance dogs);

(b) laser pens;

(c) Your own food and drink (unless permitted by the Venue);

(d) bottles, cans or glass containers (unless permitted by the Venue);

(e) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives); and

(f) illegal substances.

13.8 The Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.

13.9 The obstruction of gangways, access-ways, exits, entrances, elevators or staircases, congregating in non-designated areas or seeking entry to seats or areas for which You do not hold a Ticket is strictly forbidden.

 

14. Health and safety

14.1 Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event.

14.2 If You have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, gunshots, audio visual, pyrotechnic and smoke effects or lighting and strobe effects. Signs will be displayed Front-of-House to warn Ticket holders about strobe lighting, smoke effects and gunshots.

 

15. Dispute resolution

15.1 In the event that any dispute arises out of these Terms & Conditions or You have any other complaint, You should send details of the dispute or complaint by email to minifridgetheatre@gmail.com. Full details of the complaint, the preferred method of contact, any information regarding any previous attempt to resolve this matter, and the preferred solution should be included.

15.2 MFT will acknowledge any complaint as soon as possible, giving an indication of how long is needed to investigate the matter. MFT aims to provide this acknowledgement within a maximum of 7 days. MFT may need to contact the person raising the complaint for further details or to investigate further.

15.3 At the end of our investigations, MFT will confirm the outcome of the complaint in writing. This will include further details of who to write to if the outcome is not considered to be satisfactory. If no response is received within 14 days of sending the confirmation, MFT will assume that the issue is resolved.

 

16. Waiver

16.1 If MFT delays or fails to enforce any of these Terms & Conditions it shall not mean that MFT has waived its right to do so.

 

17. Assignment

17.1 MFT shall be entitled to assign any of its rights and obligations under these Terms & Conditions provided that Your rights are not adversely affected.

 

18. Severability

18.1 If it is found by a Court that any of these Terms & Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

 

19. Third parties

19.1 Any person, other than the Venue or Promoter, not a party to these Terms & Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms & Conditions. The act can give rights under some contracts to third parties who are not parties to those contracts but in this case only MFT, the Venue, the Promoter and You (or Your assignees permitted hereby) have rights and obligations under this contract.

 

20. Force majeure

20.1 MFT will not be liable to You for failure to perform any obligation under these Terms & Conditions to the extent that the failure is caused by Force Majeure. This Clause does not affect the terms of Clause 7.

 

21. Amendments and variations

21.1 MFT intends to rely on the written terms set out here in this document as well as the written terms and conditions of the Venue and the Promoter. You should read the terms and conditions carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. If they do not then You should speak to MFT's box office staff. After the contract has been made, these Terms & Conditions cannot be varied or amended in any respect unless both You and MFT agree (and it is preferable that this is in writing).

 

22. No partnership or agency

22.1 Nothing in these Terms & Conditions and no action taken by You or MFT under these Terms & Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between You and MFT beyond the relationship created under these Terms & Conditions.

 

23. Entire agreement

23.1 These Terms & Conditions, and the terms and conditions of the Venue and the Promoter and any specially agreed terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties.

23.2 Each of the parties agrees that it has not entered into these Terms & Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms & Conditions or not) other than as expressly set out in these Terms & Conditions.

23.3 Nothing in this clause shall operate to limit or exclude any liability for fraud.

 

24. Governing law and jurisdiction

24.1 These Terms & Conditions shall be governed by and construed in all respects in accordance with Canadian law and the parties agree to submit to the exclusive jurisdiction of the Canadian court system.