By purchasing tickets through the Service, you agree to be bound by the Agreement.
If you have any questions about this Agreement, please contact us.
This preamble shall form an integral part of the Agreement.
The parties to the Agreement (the “Parties”) are:
1275 rue Saint-Antoine Ouest
Montreal, Quebec, H3C 5L2
– AND –
You (also referred to as the “Customer”, and may be written as “You” or “you”)
You hereby agree to purchase and Osheaga agrees to sell the ticket(s) detailed in your Order Confirmation (as defined below) (the “Ticket(s)”). The purchase of the Ticket(s) grants the Ticket holder the revocable license to attend the event described on the Ticket(s) (the “event”). No other relationship between the Parties, either expressed or implied, is created by your purchase of the Ticket(s). You must be eighteen (18) years or older, or have obtained consent from a parent or guardian in order to purchase a Ticket.
Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number (the “Order Confirmation”). 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 while you are completing the purchase of Ticket(s), it is your entire responsibility to contact our Customer Service Department 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, Osheaga 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 Osheaga 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. Incorrect billing or credit card account information can delay the processing of the order and the delivery of the Ticket(s). In such case, Osheaga’ Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If Osheaga is unable to reach you after an initial attempt, it reserves the right to cancel your order and sell your Ticket(s) to another customer.
By accepting the terms of this Agreement, you agree to pay the full price of the Ticket(s) ordered, including any applicable taxes and delivery, convenience and other fees, as described on the Order Confirmation. Ticket(s) prices for events that occur in Canada are stated in Canadian Dollars.
You must review your Ticket(s) selection before you submit and confirm your order. Subject to the provisions below for an event cancelled and/or postponed, there are no exchanges or refunds once the Ticket(s) have been purchased.
The Ticket(s) can either be delivered by regular mail or express mail at the postal address you indicate or, when such option is possible, by will call (pick-up). Note that certain delays and fees are applicable depending on the delivery mode you choose. Also note that bracelet(s) stands for the Ticket(s).
If the event is cancelled or postponed, Osheaga may, at its sole and exclusive discretion, either offer you an exchange or a refund. You have the sole responsibility of verifying if the event for which you have purchased tickets through this website is cancelled or postponed. If the event is cancelled or postponed, Osheaga will inform you through this website about procedures for making an exchange or obtaining a refund. Except for Osheaga’s obligation to offer you an exchange or a refund if the event is cancelled or postponed, Osheaga shall in no event be held liable for any damage and/or expense incurred by you as a result of the event being cancelled or postponed. All festival performers, including headliners, are subject to change or cancellation at any time without notice. No exchange or refund will be issued if a festival performer is changed or if his/her performance is cancelled, rescheduled or delayed and Osheaga shall in no event be held liable for any damage and/or expense incurred by you as a result of such change, cancellation, rescheduling or delay.
If the event is cancelled, as a general rule the credit card with which you purchased the Ticket(s) will be refunded. However, Osheaga reserves the right to decide on an alternative refund or exchange method.
Osheaga may change its refund and/or exchange policies at any time, at its sole and exclusive discretion. Any change to the policy may be found at the present URL.
Osheaga reserves the right to cancel any Ticket(s) or order of Ticket(s) through this website without refund or compensation and to institute legal proceedings against you if you breach any provision of the Agreement or this website.
Prior to granting you access to the premises where the event takes place, Osheaga may require, in its sole discretion, that you get tested for COVID-19 or that you provide a proof of COVID-19 vaccination deemed valid by Osheaga and issued by a competent authority (the “proof of vaccination”). If (i) you refuse to be tested for COVID-19; (ii) your COVID-19 test is positive; (iii) you are unable to provide the proof of vaccination; or (iv) Osheaga deems, in its sole discretion, that you have symptoms associated with COVID-19, Osheaga reserves the right to deny you access to the premises where the event takes place, without refund of your Ticket. No amount, fee or compensation will be due to you in the event that Osheaga denies you access to the premises where the event takes places in accordance with this paragraph.
If at any time before or during the event, Osheaga must decrease the number of people allowed on the premises where the event takes place due to the implementation of measures aimed to protect the health and safety of the public in the context of COVID-19, which are imposed pursuant to any regulation, law, directive or advice of a competent authority, Osheaga reserves the right to cancel your Ticket and will refund you the residual value of your Ticket. In such event, no other amount, fee or compensation will be due to you.
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 Osheaga, its employees, agents, officers or representatives, upon refunding the Ticket’s face value. Except as provided herein, Ticket(s) shall not be redeemable for cash.
You hereby grant Osheaga 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.
By accepting the terms of the 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, monetary or otherwise, or to institute civil, criminal, administrative or legal proceedings against Osheaga, its affiliates and other related entities or their directors, officers, administrators, employees, representatives and all other persons acting on behalf of Osheaga, resulting from any cause whatsoever arising either before, during or after the event.
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 Osheaga’ aggregate liability (and that of its affiliates and other related entities or their directors, officers, administrators, employees, representatives and all other persons acting on behalf of Osheaga) under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred Canadian dollars (CAN$100).
You hereby agree to indemnify and hold harmless Osheaga, its affiliates and other related entities, their directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Osheaga 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) (including, without limitation, relating to your presence at the event and to any of your act or omission before, during or after the event).
The Parties hereby agree that this Agreement shall be governed by and interpreted according to the laws applicable within the Province of Quebec in force at the time, 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 Quebec, in the Judicial District of Montreal, in respect of any action or proceeding arising out of or related to the Agreement. However, the foregoing clause is in force without prejudice to the rights of Osheaga to obtain any protective proceeding such as an injunction from any competent court having jurisdiction.
The following paragraph appears on all printed Tickets and forms an integral part of the Agreement:
IMPORTANT – No exchange and no refund including, without limitation, as a result of a delay, the rescheduling or the cancellation of the performance of a festival performer or as a result of a change of festival performer. Upon cancellation of the event for which no other date has been selected, Osheaga may, in its sole discretion and pursuant to the conditions then in force, offer a refund. Ticket may not be sold or transferred commercially or for promotional purposes, with or without consideration, without the prior written consent of Osheaga. The ticket may not be used for advertising purposes and may not be subject to a contest, draw, giveaway or sweepstake without the prior written consent of Osheaga. Any falsification or resale is prohibited. The ticket is void when declared lost or stolen by the ticket holder. Lost or stolen tickets will not be replaced. The holder of this ticket assumes full responsibility as to the risks and dangers that may result from this event and waives any claim for loss or damage whatever the cause may be, incurred or suffered by him before, during or after the event. The holder of this ticket relinquishes any claim resulting from the capture of his/her image while on the premises where the event takes place and the use and/or transmission of such image for promotional purposes or other. Ticket holder is bound by all rules and regulations in force on the premises where the event takes place. The following items may not be brought on the premises where the event takes place including, without limitation, weapons, alcoholic beverages and illegal drugs. The use of cameras, audio and video recording devices (including when incorporated in cellular phones or other mobile devices) for commercial use is also prohibited. The ticket holder and ticket holder’s belongings may be searched at the entrance. Ticket holder must abide by the security protocol in effect to be allowed entry to the premises where the event takes place and attend the event. Osheaga reserves the right to deny access to the event to any person whose presence is deemed undesirable and/or evict any patron whose behavior is considered inadequate with or without a refund of the ticket price.
Where a Court of competent jurisdiction declares a portion of the Agreement invalid or unenforceable, the remainder of the Agreement shall remain in force.
The headings in the Agreement are provided for clarity only and do not form an integral part of the Agreement.
Where you have read the Agreement in English, the Parties agree that the Agreement shall be drawn up in the English language. Les parties aux présentes ont convenu de rédiger le présent contrat en anglais. You can also read the Agreement in French here
When used herein "you" and "your" mean the person purchasing passes to attend Osheaga ("Passes") pursuant to a Payment Plan (as this term is defined hereinafter). When used herein “we”, “us” or “our” refers to Gestion Evenko Festival Inc. By selecting a Payment Plan and by completing your purchase, you agree to be bound by the terms and conditions set forth herein, as applicable. The percentage of the initial and additional payments, and the number and due dates of the additional payments, for each Payment Plan, are set forth below (each a “Payment Plan”):
|Payment Plan - 5 installments (1)||Payment Plan - 4 installments (2)|
|Due date||% of total price||Due date||% of total price|
|Initial payment||At the time of purchase||50$||At the time of purchase||50$|
|2nd payment||January 14th, 2022||25%||February 14th, 2022
|3rd payment||February 14th, 2022||25%||March 14th, 2022
|4th payment||March 14th, 2022||25%||April 14th, 2022
|4th payment||April 14th, 2022||25%||N/A||N/A|
(1) Payment Plan available for Passes purchased between December 1st, 2021 and January 3rd, 2022. Maximum four (4) Passes per purchase.
II. (2) Payment Plan available for Passes purchased between January 4th, 2022 and January 31st, 2022. Maximum four (4) Passes per purchase.
You understand that you must make each payment by its due date in order to complete your purchase and receive the Passes. Passes will be issued to you following your last payment.
Automatic Payment Authorization: You authorize us to automatically charge the credit card used to make your initial payment (the "Credit Card") the amount of each subsequent payment under your Payment Plan on or after the due date thereof. Each charge will be processed in Canadian dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. You agree that you are responsible for notifying us immediately of any change to your Credit Card, including without limitation if your Credit Card number or expiration date changes or if your Credit Card is lost or stolen and replaced with a new Credit Card. You agree to update your Credit Card information by logging onto your account with Osheaga.
Declined Credit Card Payments: If your Credit Card is declined for a given payment for any reason, we will re-run the Credit Card 72 hours later. In the event of a second refusal, we will make reasonable efforts to communicate with you by email or telephone to request another Credit Card. If after five (5) business days of the due date payment has not been made, you understand and agree that your Payment Plan will automatically terminate, without further notice or delay, that you will not receive the Passes and that the Passes may be sold to others. Following the termination of your Payment Plan, you will receive a refund of any payments made by you prior to the termination date. Upon the termination of your Payment Plan, you understand and agree that the Purchase Agreement will also be terminated, without further notice or delay.
The terms and conditions set forth herein apply to your payment of the Passes. All other terms and conditions as set forth in the Purchase Agreement shall continue to apply to your Passes. Should there be any inconsistencies between these terms and conditions and the Purchase Agreement with respect to the payment of your Passes, these terms and conditions shall prevail.
These terms and conditions shall be construed and enforced in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and the parties submit to the exclusive jurisdiction of the courts located in the judicial district of Montreal.
A French version of these terms and conditions is available here.