By purchasing a ticket and/or being on the premises of the event "Carnival Noir" ("the Event"), you ("Attendee," "You," or "Your") agree to the following terms and conditions:
1. Age Restriction: Attendees must be 19 years of age or older. You attest that both You and any individuals for whom You purchase or provide a ticket are at least 19 years of age. Valid government-issued photo ID is required for entry, and Attendees will be refused without it. There are no exemptions to this rule, and no refunds if refused entry.
2. Ticket Policies: All ticket sales are final. There will be no refunds or exchanges, except as provided in Clause 8 (Event Cancellation). Tickets may be sold to another Attendee, provided they are above the age of 19 years old by the event date, only by using our Secure Ticket Transfer System. A transfer fee may apply. Please see our FAQ for details.
3. Ticket Presentation: When you purchase online, the purchaser will receive all tickets electronically. To enter, You must present a digital ticket with QR code along with a valid, government-issued photo ID. Physical Tickets are not valid for entry.
4. Outside Food & Drink: No outside food or beverages are allowed inside the venue. Attendees found in possession of such items may be asked to discard them or may be removed from the Event without a refund.
5. Weapons: No weapons of any kind, including but not limited to knives, firearms, or any object deemed potentially harmful by Event security personnel or management, are allowed inside the venue. Security personnel will be conducting checks, and anyone found in possession of prohibited items will be denied entry or removed from the Event without a refund. Please see our FAQ for a full list of prohibited items.
6. Conduct: Attendees are expected to conduct themselves in a respectful and safe manner at all times. Disorderly conduct, harassment, or any behaviour deemed inappropriate or dangerous will result in removal from the Event without refund.
7. Liability: Attendees assume all risks incidental to the Event, whether occurring before, during, or after the Event. The Event organizers, venue, promoters, sponsors, and their respective agents and representatives are not responsible for any personal injury, loss, or damage to property belonging to any guest, nor are they responsible for any losses associated with the Event or the Event's cancellation.
8. Event Cancellation: In the unlikely event of cancellation, ticket holders will be refunded the ticket price, less any service, convenience, online ordering, or any other fees paid.
9. Privacy: By purchasing a ticket or being on the Event premises, Attendees consent to the collection and use of their personal data by the Event organizers for Event administration and potential future promotions and/or communications. This can include SMS messages, emails, and physical mailers. Attendees' information will be treated in accordance with applicable Canadian privacy laws. Attendees can opt out of future promotional communications at any time.
10. Photography & Recording Equipment: Carnival Noir encourages Event participants to take photographs or videos for personal use using handheld point-and-shoot or self-contained photography equipment, such as phones. Professional cameras (SLR & DSLR cameras and the like), use of additional equipment (tripods, lights, detachable lenses, etc.) requires an approved media pass. Building and Event security will not permit You to enter the venue with this kind of equipment if You are not in possession of a valid media pass. No professional audio or video recording devices are allowed at any time. All media and film rights are reserved by Velvet Edge Inc.
11. Media Rights & Usage: By purchasing a ticket or entering the Event premises, You grant Velvet Edge Inc. unlimited, perpetual, worldwide rights to use any and all photographs, video, audio recordings, or any other media captured at the Event by You or any party, including but not limited to imagery of Your likeness, voice, and performance. Your entry and presence on the Event premises constitute Your consent to be photographed, filmed, and/or otherwise recorded and to the release, publication, exhibition, or reproduction of any and all recorded media of Your appearance, voice, and name for any purpose whatsoever in perpetuity in connection with Velvet Edge Inc. and its initiatives. By entering the Event premises, You waive and release any claims You may have related to the use of any recorded media of Your likeness or voice at the Event, including, without limitation, any right to inspect or approve the photo, video or audio recording of You, any claims for invasion of privacy, violation of the right of publicity, defamation, and copyright infringement or for any fees for use of such record media. You understand that all photography, filming, and/or recording will be done in reliance on this consent.
Personal sharing of Event media on social media platforms and with friends and family is encouraged. Commercial use, sale, licensing, distribution via stock agencies, or any use of Event media for monetary gain by attendees is strictly prohibited without express written permission from Velvet Edge Inc.
12. Sensitive Content Restrictions: Media containing nudity or intimate moments may not be posted, shared, or distributed publicly without the express written permission of all subjects depicted and Velvet Edge Inc. Media depicting nudity may not be used for profit, commercial purposes, or advertising under any circumstances without the express written permission of all subjects depicted and Velvet Edge Inc.
13. Institutional & Educational Use: News media, journalists, documentary filmmakers, academic institutions, and similar entities (collectively "Institutional Users") may not photograph, record, or document the Event without prior written approval from Velvet Edge Inc. Approved Institutional Users must attribute all Event media to "Carnival Noir" and may only use media for legitimate news, journalistic, educational, or academic purposes. Commercial exploitation of approved Institutional media is prohibited.
14. Unauthorized Professional Media: Any person who photographs, records, or documents the Event for professional, commercial, or public distribution purposes without obtaining an approved media pass and executing Velvet Edge Inc.'s Professional Media Agreement is considered to be trespassing. Trespassers have no rights to any use of Event imagery, and Velvet Edge Inc. reserves the right to pursue all available legal remedies, including but not limited to immediate removal from the Event without refund, confiscation of media, and legal action for copyright infringement.
16. Governing Law: This Agreement is governed by and construed in accordance with the laws of Canada and the province of Ontario.
17. Jurisdiction: You irrevocably submit to the exclusive jurisdiction of the courts of Ontario for any dispute arising out of or relating to this Agreement.
18. Entire Agreement: These Terms of Service constitute the entire agreement between You and Velvet Edge Inc. regarding the Event and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
19. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
20. Waiver: No waiver by Velvet Edge Inc. of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Velvet Edge Inc. to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
21. Headings: The headings and section titles in this Agreement are for convenience only and have no legal or contractual effect.
22. Assignment: You may not assign, transfer, or delegate any of Your rights or obligations under this Agreement without the prior written consent of Velvet Edge Inc. Velvet Edge Inc. may assign, transfer, or delegate this Agreement or any rights or obligations hereunder without restriction.
23. No Third-Party Beneficiaries: This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than You and Velvet Edge Inc.
24. Survival: All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity provisions, liability limitations, and dispute resolution provisions.
25. Amendments: Velvet Edge Inc. reserves the right to modify or amend these Terms of Service at any time. Any changes will be posted on carnivalnoir.ca and will be effective immediately upon posting. Your continued attendance at or purchase of tickets for future Events constitutes acceptance of any such modifications.
26. Force Majeure: Velvet Edge Inc. shall not be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
By completing Your ticket purchase and/or entering the Event premises, You acknowledge and agree to the above terms and conditions. Violation of any of the aforementioned terms may result in removal from the Event without refund.