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Purchase Agreement

Last update: November 1st, 2018

PREAMBLE

Thank you for using the online ticketing service (the “Service”) for your purchase of a Lune Rouge (as defined below) event. The following purchase agreement (the “Purchase Agreement”) is a legal document that describes your rights and responsibilities as a user of the Service, including important information on the purchase of ticket(s). You can also have access to the French version of the Purchase Agreement and accept it in French. Une version française du présent contrat d’achat est aussi disponible.

Your purchase of ticket(s) for the program “Through the Echoes” by way of this website and your use of the Service are subject to, and hereby incorporate, the legally binding terms and conditions set out in the Terms and Conditions and the Privacy Policy. If there are inconsistencies between the present Purchase Agreement and the Terms and Conditions or the Privacy Policy, this Purchase Agreement shall prevail.

When reference is made to this “Agreement”, it shall include this Purchase Agreement, the Order Confirmation Page (as defined below), the Terms and Conditions and the Privacy Policy, as they may be amended, restated, supplemented or modified by Lune Rouge from time to time. By using this website and/or by purchasing ticket(s) through the Service, you agree to be bound by this Agreement in effect during each use of this website.

If you have any questions about this Agreement, please contact us ([email protected]).

This preamble shall form an integral part of this Agreement.

PARTIES

The parties to this Agreement (the “Parties”) are:

Lune Rouge Divertissement inc./Lune Rouge Entertainment Inc. (“Lune Rouge”) 2200 Stanley Street,
Montréal, Québec
Canada H3A 1R6

Email: [email protected]

AND

You (also referred to as the “Customer", and may also be written as “You” or “you”)

PURCHASED TICKETS

You hereby agree to purchase and Lune Rouge hereby agrees to sell the ticket(s) (individually, the “Ticket” and collectively, the “Tickets”) detailed in your order. The purchase of the Ticket(s) grants the bearer the revocable license to attend the event described on the Ticket(s). No other relationship between the Parties, either expressed or implied, is created by your purchase of the Ticket(s).

ORDER CONFIRMATION

Once your order is confirmed and your payment is completed, you will receive a confirmation page and/or email indicating a confirmation number (collectively, the “Order Confirmation Page”). You must keep your confirmation number.

If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department ([email protected]) to confirm whether your order has been properly processed. You are solely responsible for any problem that may occur during the purchase of Ticket(s). In such case, Lune Rouge shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring during the purchase of Ticket(s) through this website, including, without limitation, the failure of a transaction to be completed or confirmed, whether through the actions of Lune Rouge and/or its related entities, or a third party.

Orders will be processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order. This can delay the processing of the order and the delivery of the Ticket(s). In such case, Lune Rouge’s Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If Lune Rouge is unable to reach you after an initial attempt, it shall reserve the right to cancel your order and sell your Ticket(s) to another customer.

DELIVERY

The Ticket(s) can either be delivered by mail at the postal address you indicate, by e-mail at the email address you indicate or, when such option is possible, by will call (pick-up). We recommend you to receive your Ticket(s) by email. If you choose to receive the Ticket(s) by e-mail, you are responsible for printing your e-Ticket(s) and presenting them at the event. However, print version of your e-Ticket(s) is not required; e-Tickets are accepted and can be presented at the door on your mobile or electronic device. Note that certain delays and fees are applicable depending on the delivery mode you choose.

SERVICE FEES

Ticket(s) purchased through this website will be subject to a non-refundable per ticket service fee. You may be able to purchase group tickets through any sales channel without paying our service fee.

OBLIGATION TO PAY

By accepting the terms of this Agreement, you agree to pay the full price of the Ticket(s) ordered, including any applicable taxes, delivery charges, services fees, convenience and other fees, as described in the Order Confirmation Page. Ticket(s) prices for events that occur in Canada are stated in Canadian Dollars.

REFUNDS AND EXCHANGES

You must review your Ticket(s) selection before you submit and confirm your order. Subject to the provisions below for cancelled and/or postponed events, and except as otherwise provided by any applicable law to this Agreement, there are no exchanges or refunds once the Ticket(s) have been purchased. Notwithstanding the foregoing, a refund or exchange may be possible upon immediate notification to Lune Rouge of any mistake made by the system during the purchase process.

CANCELLED AND/OR POSTPONED EVENTS

Lune Rouge may, at its sole discretion, cancel or postpone an event. When an event is cancelled or postponed, Lune Rouge will, at its sole discretion, either offer you an exchange or a refund of your Ticket(s). Lune Rouge will inform you by written notice, as soon as reasonably practicable, if an event is cancelled or postponed, at which point you will have the sole responsibility to follow the instructions and procedures provided by Lune Rouge in order to benefit from said exchange or refund, as applicable. Please make sure to provide your order confirmation number provided on the Order Confirmation Page at the time of your inquiry to facilitate the exchange or refund process, as applicable.

If an event is cancelled for which no other date has been selected for the postponement, as a general rule, the credit card with which you purchased the Ticket(s) will be refunded. However, Lune Rouge reserves the right to decide on an alternative refund or exchange method for a particular event.

Lune Rouge may change its refund and/or exchange policies at any time, at its sole discretion.

LATE ARRIVAL

The event starts on time and latecomers may be admitted only during a suitable break or at an appropriate time, at the sole discretion of the ushers or other employees of Lune Rouge.

RIGHT TO CANCEL TICKETS, REFUSE ACCESS AND EXPEL

Lune Rouge reserves the right to cancel any Ticket(s) or order of Ticket(s) through this website and to institute legal proceedings against you if you breach any provision of this Agreement or this website.

Lune Rouge reserves the right to request photo ID of the Ticket(s) holder. In the event any person attending an event is judged unmanageable or exhibits behaviour which is considered inappropriate, or fails to comply with Lune Rouge rules, Lune Rouge reserves the right, without any refund or compensation, to terminate such person's license to attend the event and immediately expel such person.

The Ticket(s) purchased on this website are revocable licenses and admission to a Ticket holder may be refused for any reason (or no reason) at the sole discretion of Lune Rouge, its employees, agents, officers or representatives, upon refunding the Ticket's face value. Ticket(s) shall not be redeemable for cash.

RECORDING, TRANSMISSION AND PUBLICATION

All cameras, tape recorders and video recorders (including when incorporated in cellular phones or other mobile or electronic devices) and their use are strictly forbidden on the site of the event. By purchasing your Ticket(s), you hereby grant Lune Rouge the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the event in any means or circumstances, without any further permission or compensation.

CHANGES IN THE EVENT

Lune Rouge reserves the right to make any changes in the content of the event. Moreover, the duration of the event may differ from time to time.

NO RESALE

Any unlawful resale of Ticket(s) is strictly prohibited. Lune Rouge reserves the right to cancel the license granted under the Ticket(s) in connection with any fraudulent sale of such Ticket(s), without refund or other compensation.

NO PROMOTION WITHOUT PERMISSION

The Ticket(s) and may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold for the purposes of same without the prior written authorization of Lune Rouge.

USE OF PERSONAL INFORMATION

In addition to and without limiting the generality of the provisions set out in our Privacy Policy, by purchasing Ticket(s) through this website, you expressly agree that the personal information you provide us may be used by Lune Rouge or its affiliates, or other persons acting on behalf of Lune Rouge, in order to deliver the Ticket(s) to you and add you to our distribution list in order to propose offers and other promotional or marketing activities to you and to provide you with the latest information about Lune Rouge. We remind you that if you wish that we discontinue use of your personal information, please Contact Us ([email protected]).

ARCHIVING

This Agreement will be archived and available for consultation, upon request, by contacting us ([email protected]).

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LUNE ROUGE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS AND ALL OTHER PERSONS ACTING ON BEHALF OF LUNE ROUGE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, TICKETS OR OTHER PRODUCTS OR RESULTING FROM ANY SERVICES, TICKETS OR OTHER PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF LUNE ROUGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR THE SERVICE, OR WITH THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

NOTWITHSTANDING ALL SECURITY MEASURES IN PLACE ON THE SITE, INJURY MAY OCCUR DURING THE EVENT. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ASSUME ALL RISK, LIABILITY AND RESPONSIBILITY FOR ANY AND ALL DAMAGES OF ANY NATURE SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, BODILY HARM AND LOSS OF PROPERTY INCURRED DURING OR IN CONNECTION WITH THE EVENT. FURTHERMORE, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO CLAIM DAMAGES OR TO INSTITUTE CIVIL, CRIMINAL, ADMINISTRATIVE OR LEGAL PROCEEDINGS AGAINST LUNE ROUGE, ITS AFFILIATES AND OTHER RELATED ENTITIES OR THEIR DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, EMPLOYEES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS AND ALL OTHER PERSONS ACTING ON BEHALF OF LUNE ROUGE, RESULTING FROM ANY CAUSE WHATSOEVER ARISING EITHER BEFORE, DURING OR AFTER THE EVENT.

ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO YOUR PURCHASE OF TICKETS, THE USE OF THE LUNE ROUGE WEBSITE OR ITS TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.

IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN LUNE ROUGE’S AGGREGATE LIABILITY (AND THAT OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, DISTRIBUTORS, VENDORS, SUPPLIERS, PARTNERS, SPONSORS, REPRESENTATIVES OR ALL OTHER PERSONS ACTING ON BEHALF OF LUNE ROUGE) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PURCHASE PRICE OF THE TICKETS DETAILED IN THE ORDER CONFIRMATION PAGE.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Lune Rouge, its affiliates and other related entities, their directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Lune Rouge from and against any and all claims, actions, damages or other demands, including, but not limited to, reasonable costs and expenses of litigation such as counsel fees, arising from or relating to your purchase of Ticket(s) or your use of Lune Rouge’s website or of the Service.

ASSIGNMENT

Lune Rouge may at any time assign all or part of its rights and obligations under this Agreement provided that the assignee assumes all of Lune Rouge’s obligations hereunder.

INVALIDITY

If any term, provision or section of this Agreement or any portion of such term, provision or section is held invalid or unenforceable, or in the event that a court of competent jurisdiction declares a portion of this Agreement invalid or unenforceable, the remainder of this Agreement will not be affected thereby and each remaining term, provision or section, or portion thereof, will be valid and enforceable to the full extent permitted by law.

APPLICABLE LAWS AND EXCLUSIVE JURISDICTION

The Parties hereby agree that this Agreement shall be governed by and interpreted according to the laws applicable within the Province of Québec and the laws of Canada applicable therein, without regard to conflict of law provisions. Furthermore, the Parties hereby elect to submit to the exclusive jurisdiction of the Courts of the Province of Québec, in the Judicial District of Montréal, in respect of any action or proceeding arising out of or related to this Agreement. However, the foregoing clause is in force without prejudice to the rights of Lune Rouge to obtain any protective proceeding such as an injunction from any competent court having jurisdiction.

TICKET CONDITIONS

The following paragraph appears on all printed Ticket(s) and forms an integral part of this Agreement:

IMPORTANT - No exchange and no refund. Upon cancellation of an event for which no other date has been selected, this ticket may be refunded pursuant to the conditions set forth by Lune Rouge Divertissement inc./Lune Rouge Entertainment Inc. (“Lune Rouge”). No refund of service fees. Any falsification or resale of tickets is prohibited. This ticket is void following a sworn complaint of theft thereof to the local police station. This ticket grants the right to its holder to assist at the event and grants no other right. This ticket may not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the prior written consent of Lune Rouge. The holder of this ticket assumes any and all liabilities as to the risks and dangers that may result from this event and renounces to any claim for loss or damage whatever the cause, incurred or suffered by the holder, whether occurring before, during or after the event. The holder of this ticket renounces to any claim resulting from the capture or transmission of his image while on the premises where the event takes place. The use of this ticket is subject to the rules in force on the premises where the event takes place. You must comply with the rules established by Lune Rouge. Management reserves the right to refuse access to the event or to evict any person whose behaviour shall be deemed inadequate. Expulsion cancels this ticket and the holder there upon forfeits all claims, including any claim to a refund of this ticket price. The holder of this ticket may be frisked at the entrance of certain events. Holder consents to a reasonable examination of his/her person and effects to ensure compliance. It is strictly prohibited to carry weapons and enter the site with alcoholic beverages. It is strictly prohibited to bring any type of food or beverage inside the event premises. Smoking and vaping are strictly prohibited on the premises where the event takes place. The use of cameras, tape recorders and camcorders is also prohibited. This ticket or the rights represented hereby or arising herefrom may not be assigned, sold or transferred commercially or as part of a promotion, with or without consideration, without the express written consent of Lune Rouge.

GENERAL

The headings in this Agreement are provided for clarity only and do not form an integral part of this Agreement.

Where you have read this Agreement in English, the Parties agree that this Agreement shall be drawn up in the English language. You can also read this Agreement in French. Une version française du présent contrat d’achat est aussi disponible.

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