Cask Days - Terms-29.png

TERMS OF USE

 

TICKET PURCHASE & DELIVERY

1. Tickets may only be purchased from Cask Days via the Official Ticketing Agent, Universe. Tickets purchased from any other source shall be void and may be seized or cancelled without refund or compensation.

2. We reserve the right to limit, at the time of purchase, the maximum number of Tickets that any person may purchase for the Event. Tickets may be limited to a maximum number per person, per payment card and/or per household. We reserve the right to cancel without prior notice any Tickets purchased in excess of this number.

3, Once payment in full has been received by us or by the Universe, the Ticket Purchaser will be provided, by email, a copy of each ticket purchased, transaction receipt and tax receipt. If Ticket Purchaser has not received these items post-transaction, it is the Ticket Purchaser's responsibility to notify us so we can re-issue.

4. The sale of any Ticket is final and non-refundable. We reserve the right to not replace or accept any Ticket that has been lost, stolen, forgotten, damaged, defaced or forged, or any Ticket which is unreadable or incomplete. Keep your Ticket safe.

5. It is your responsibility to check your Tickets and booking confirmation and inform us within 5 days of purchase of any inaccuracies; mistakes cannot always be rectified.

 

TICKET USE & PROHIBITIONS ON TRANSFERS

6. Tickets must not be sold or offered, exposed or made available for sale, or transferred or otherwise disposed of except in accordance with these Terms and Conditions. We reserve the right to cancel without refund any Tickets issued to a Ticket Holder whom we believe plans to offer a Ticket for resale in excess of the Original Sale Price.

7. The sale, transfer or disposal of any such Tickets must not be for a value greater than the Original Sale Price of the Ticket.

8. Ticket must not be offered publicly (including on any website) whether for sale, as a gift or donation or any other means of transfer unless authorized by Cask Days.

9. Ticket must not be transferred, used or otherwise disposed of in the course of any business or for the purpose of facilitating a third party’s business;

10. Ticket must not be transferred, used or otherwise disposed of: in relation to any promotional or commercial purpose (including any competition, advertising, promotion, auction or as a prize in any competition or sweepstake, whether for a business or a charity or otherwise); or to enhance the demand for any other goods or services unless authorized by Cask Days

11. Tickets must not be transferred or otherwise disposed of to any person who agrees to buy any good(s) or service(s) in return for the Ticket; and/or combined with any other good(s) or service(s) (including as part of any hospitality, accommodation or travel package or service), in each case without our prior written approval.

12. Each ticket has its own unique barcode, which only allows entry to the Event for the session(s) purchased. Each ticket will be coded to ensure the relevant number of permitted entries only. Barcodes on tickets will be scanned by Cask Days event staff and security at the registration booth during the time of admission. Should a Ticket Holder present a ticket with a previously scanned barcode, we reserve the right to refuse entry to that individual.

 

VENUE ENTRY & REQUIREMENTS

13. These Conditions incorporate the Site Rules. If any Ticket Holder fails to comply with the applicable Site Rules, the Ticket Holder may be refused admission to or removed from the Venue without refund or compensation.

14. Admission to the Venue will only be authorized upon presentation of a valid Ticket and (if we and/or any authorized representative require) government issued photographic proof of identity and proof of age.

15. For the purposes of safety, security and/or checking compliance with these Conditions, each Ticket Holder shall, if requested by any Authorized Person, co-operate and comply fully with the instructions and guidelines of such Authorized Person (including by producing a valid Ticket, Wrist Band and photographic proof of identity and proof of age.

16. A Ticket Holder may be requested to submit to a body check and/or a search of his/her possessions for the purposes of locating and removing any prohibited Item; Any refusal by the Ticket Holder may result in refusal of admission to or eviction from the Venue without refund or compensation.

17. Wristbands: Valid Tickets will be exchanged for Wristbands. Wristbands cannot be issued until the day / date as stated on the Ticket and are only issued directly to the Ticket Holder on production of photographic ID (driver’s licence or passport). It is not possible to collect Wristbands on behalf of other parties and all Wristbands must be placed and secured on the individual’s wrist directly by our staff. Your Wristband will be invalidated if any part of it is removed, detached, altered or defaced. Wristbands will not be reissued or replaced regardless of whether you still have your Ticket. We reserve the right to eject from the Event any individual found without a wristband.

18. Ticket Holders must retain their Tickets and/or wear their Wristbands at all times while within the Venue and Tickets and/or Wristbands must be produced for inspection upon our request and/or the request of any Authorized Person. Failure to do so may result in the Ticket Holder being ejected from the Venue without refund or compensation. At the time of entry into the event space, you will be required to present your wristband to the event staff. Each wristband is color coded and specific to a session.

19. Personal Items: The Ticket Holder is responsible for his/her own personal property brought to and into the Venue. Neither we nor Universe, the Owner of the Venue nor any Authorized Person accepts any responsibility for any loss, theft or damage of a Ticket Holder’s personal property.

20. Lost & Found: Cask Days will hold any lost and found items at the registration desk throughout the entire weekend of the Event and for 7 business days following the Event, after which time any remaining items may be disposed of at our sole discretion.  We take no responsibility shall have no liability for any lost and found items.

21. Food & Drink: Outside food and drink is prohibited inside the Event.

22. Ticket Holder Must Present ID: You must be 19+ years of age and bring a valid government photo ID to attend. ID will be checked at the door. Authorized Persons can refuse entry to Ticket Holders based on their failure / inability to present valid government issued photo identification (Drivers' License or Passport). Any Ticket Holder denied entry for failing to show appropriate photo identification shall be shall not be entitled any refund.

23. No person under 19 years of age (including babies) will be permitted into the event on the Friday or Saturday sessions.  The Sunday session will be the "Family Friendly Session", whereby children and babies are permitted to attend with adult supervision.  All children under the age of 19 shall be required to wear a wristband indicating the party is not of drinking age.

24. All bags are subject to inspection by event security at time of entry.

25. We and/or any Authorized Person may refuse admission to or eject from the Venue and/or Event without refund or compensation any Ticket Holder who:

a) is noticeably under the influence of alcohol, narcotics or any behavior modifying substance, or is behaving, or considered by any Authorized Person likely to behave, violently, harmfully or in a manner contrary to public order and/or safety;

b) brings or attempts to bring into the Venue, possesses or uses within the Venue or in the vicinity thereof any Prohibited Item including, without limitation; laser pens; potential weapons of any kind; psychoactive substances;  illegal substances; fireworks; compressed gas containers aerosols (including deodorants, antiperspirants, hairspray, dry shampoo, suntan lotion or skin moisturiser); flares; smoke bombs; banners, signs or materials displaying political, religious, offensive or race-related messages, slogans or images; any item that an Authorized Person considers dangerous, hazardous and/or illegal or that may be used as a weapon or a missile or that may compromise or otherwise interfere with the enjoyment, comfort or safety of (or pose a hazard to) any person or security at the Venue; animals (other than guide dogs); any tripods or video camera equipment whatsoever (whether or not for personal use); any camera or other type of photographic or recording device (of any nature whatsoever and whether capturing audio, or still or moving pictures) other than for personal use; any objects bearing trademarks or other kinds of promotional signs and messages (of whatever nature) which we or any Authorized Person believes are for promotional purposes (and any Prohibited Items may be removed, confiscated and/or destroyed even if the item itself is not illegal without compensation at the discretion of any Authorized Person);

c) brings or attempts to bring into the Venue, sells, possesses or uses within the Venue or in the vicinity thereof any sponsorship, promotional or commercial items or materials (of whatever nature) without our prior written authorization (and the Ticket Holder may be asked to deliver up a copy of any such authorization upon entry to or while within the Venue);

d) while within the Venue or the vicinity thereof, engages in any form of activity related to marketing or advertising (including, for the avoidance of doubt, ambush marketing), or conducts any commercial activity whatsoever, or offers (either for free or for sale), sells or possesses items with intent to sell (including, without limitation, drinks, food, souvenirs, clothes, promotional and/or commercial items and literature), in each case without our prior written authorization (and any such items may be removed, confiscated and/or destroyed without compensation at our discretion and/or the discretion of any Authorized Person);

e) while within the Venue or vicinity thereof, engages in disruptive, dangerous or violent behaviour including (without limitation) throwing, casting, thrusting or propelling any object at any person, instigates violence, demonstrates racism or xenophobia, behaves in a way that any reasonable person may interpret as provocative, threatening, discriminatory and/or offensive, creates or poses any threat to the life or safety of themselves or any other person(s), or harms any other person(s) in any way;

f) while within the Venue, enters or circulates in restricted access areas or other areas where that person is not allowed access to; or climbs lighting masts, fences, roofs and other apparatus or constructions;

g) while within the Venue, damages, interferes with or tampers with any property of any third party;

h) while within the Venue, smokes in any area where smoking is not permitted;

i) is suspected of committing, or having committed, or being likely to commit, a criminal offence in or about the Venue; and/or

j) while within the Venue or the vicinity thereof, fails to comply with instructions from us and/or any Authorized Person, or refuses a security search.

26. Re-admission is only permitted with valid wristband during advertised ticket times associated with that Ticket type. Re-admission is not permitted for anyone who was removed from the Event by any staff at any given time.

27. Any pre-purchased Ticket add-ons must be redeemed at the time of registration.

 

REFUNDS & CANCELLATION

28. We reserve the right to make alterations to the time, date, duration and Venue of the Event or other details governed by any Ticket in the event of unforeseen or other circumstances, including (without limitation), Force Majure, safety and security concerns or decisions from any Authorized Person or other competent authority. In the event of such alteration, neither we nor Universe will be liable to the Ticket Holder or any other person for any costs, expenses or other losses resulting from such alteration.

29. As soon as possible after we become aware of postponement, rescheduling or cancellation of the Event, all available information will be posted on caskdays.com; however, it is the responsibility of the Ticket Holder to ascertain whether the Event has been postponed, rescheduled or cancelled and any new dates, times, and venue.

30. A Ticket will not be exchanged or refunded if:

a) after the Event has started, it is stopped for any reason and is not completed;

b) on the date of the Event, the start time is delayed for any reason;

c) the start time (but not the date) of the Event changes after the date the Ticket was purchased; or

d) the Ticket is used for entry into the Venue.

31. We shall only be required to refund a Ticket Purchaser (on application by the Ticket Purchaser) with the Face Value of the relevant Ticket, in the following circumstances:

a) if the Ticket is for an Event which is postponed before the Event has started and the Event is rescheduled to another date (whether at the Venue or at a different venue) subject to the Ticket Purchaser’s election under of these Conditions; or if the Ticket Purchaser is otherwise entitled to a refund under applicable law.

b) If the Event is postponed before the Event starts and the Event is rescheduled to another date (whether at the Venue or at a different venue), the Ticket Holder may elect to either: i) use the existing Ticket for the rescheduled Event if the Event is rescheduled for another date but at the Venue; or, ii) if the Event is rescheduled to a different venue and there are insufficient Tickets available, or the Ticket Holder is unable to attend any rescheduled Event (whether at the Venue or at a different venue), the Ticket Purchaser shall be entitled to apply for a refund. Refund does not include any online or processing fees.

32. Promotions, deals or discounted offers are provided at our discretion. All such offers are subject to availability and may be withdrawn by us at any time. Retrospective refunds are not permitted against any offer or promotion advertised after a booking is made.

33. If any refunds are issued they exclude any online, ticket processing or credit card processing fees associated with the purchase.

 

GENERAL

34.Tickets are sold subject to our right to alter or vary the published Event program without notification which may result in changes to the cask line-up, food, music start times or any other aspect of the Event. We reserve all rights in this regard. Any published beverages, foods or vendors at the Event are subject to change. We shall not be liable for any changes to vendors' previously advertised offerings or otherwise.

35. To the best of our knowledge, all beverages served at Cask Days were prepared in commercial facilities and in accordance with applicable laws / regulations.  We make no representations as to the fitness or quality of the beverages but for the sampling that every beverage undergoes as referenced herein.

36. Warning: Some of the beverages and food products served at Cask Days may contain ingredients to which some attendees may have allergies.  We have made best efforts to ascertain ingredient information with respect to each product served at Cask Days. However, it is the responsibility of each attendee to make the necessary inquiries and alert servers as to any possible allergies. EMS will be on site in the event you believe you are experiencing an allergic reaction. We do not test the various products and rely on our vendors to provide accurate ingredient information.  As such, we assume no liability for any inaccuracies in ingredient list which may result in illness, allergic reaction etc. injury or death.

37. Warning – There will be live music and/or DJs playing music at the Event. Prolonged exposure to loud noise may cause damage to your hearing. We strongly recommend all minors wear ear defenders and all attendees take any precautions they deem necessary.

38. Subject to it being stated otherwise in these Conditions or on our website, it is the responsibility of the supervisors of a child to determine whether an Event is suitable for that child to attend, and neither we nor the Venue accepts any liability or responsibility in relation to same.

39. The Event operates under an AGCO special occasion permit and you need to be over the age of 19 to purchase alcohol at the Event. Please be aware that if we think that you look 25 years old or younger, you may be asked to provide proof of age and if you are unable to do so you will not be permitted to enter the Event.

40. We take the needs of Ticket Holders with disabilities and/or special needs and/or who have other accessibility requirements very seriously and actively encourages people of all abilities to attend the Event. Please visit the venue accessibility plan here https://www.evergreen.ca/evergreen-brick-works/visitor-info/accessibility/. Event accessibility plan is available upon request and at the front admission desk of the Event. Please contact us if you have any special accessibility needs that are not being met.

41. Subject to these terms and conditions, neither we nor Universe shall have any liability to a Ticket Holder beyond the Face Value of the Ticket Holder’s Ticket. Neither we nor Universe shall be responsible to the Ticket Holder for any indirect losses or damages including, but not limited to, loss of enjoyment, goodwill and/or travel or accommodation expenses.

42. Personal arrangements including travel, accommodation or hospitality relating to attendance at the Event which have not been purchased from us are at the Ticket Holder’s own risk and we shall have no liability regarding same.

43. In the event that any provision of these Conditions is declared void, ineffective or unenforceable in any respect by any competent court in any jurisdiction, that provision shall be severed to the extent necessary in that jurisdiction, and the remainder of these Conditions will remain in effect as if such provision had not been included and the validity, enforceability and/or legal effect of such remaining Conditions shall not in any way be affected or impaired thereby.

44. We reserve the right to make amendments to these Conditions from time to time at our sole discretion (including, without limitation, by amending or supplementing the Site Rules and/or the list of Prohibited Items). A full copy of the latest version of the Conditions (as amended, if appropriate) will be available at caskdays.com. We shall notify Ticket Purchasers of such changes by email if they materially affect Ticket Purchasers’ rights as a consumer.

45. Any breach of any these Conditions may result in the cancellation of the Ticket, the refusal of admission to the Ticket Holder to the Venue, or his/her eviction from the Venue, in each case without refund or compensation in addition to any other remedy that we may have, even if the Ticket Holder did not have prior notice of the Condition or the breach. No failure or delay by us to exercise any right (in whole or in part) under these Conditions shall constitute a waiver of that right, nor restrict any further exercise of that right.

46. All Tickets and Wristbands (and the copyright in all Tickets and Wristbands) remain our property. In the event of any breach of any of these Conditions by a Ticket Holder, Tickets and Wristbands must, upon the request of any Authorized Person, be delivered up to that Authorized Person. Such actions are without prejudice to other remedies which we may have.

47. These Conditions constitute the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to these Conditions which is not already set out in these Conditions.

48. Glassware: Ticket Holders will be issued an Event tasting glass at the time of admission. It is the responsibility of the Ticket Holder to keep his/her glass during the event. Any glasses which are lost, stolen or broken must be re-purchased at the merchandise booth at a cost. Ticket Holders are not authorized to drink out of any other container except for the Event glass (with the exception of hot drinks purchased at the Event).

49. Tokens: Cask Days is a token only event. Tokens shall be available for purchase during the Event at the designated token purchasing booths.  Tokens are also available for pre-order online and must be redeemed at the time of admission. If not redeemed during the event, pre-ordered tokens are non-refundable. Tokens can be used towards purchasing food and drinks across all sessions. Cash, Debit, Visa and Mastercard accepted at token booths. Tokens sales are final and are non-refundable. Lost or misplaced tokens can not be re-issued. Unused tokens can be donated in Event charity boxes (Event will match unused tokens and donate to charity). Use or attempting to use fraudulent or fake tokens will result in immediate removal from event and you will not be entitled to a refund for any part of the ticket or re-entry. Designated driver tokens (non-alcoholic drinks and food only) cannot be exchanged or used as regular tokens.

50. Servings: Cask Days is a tasting event. All beers and ciders will be available for purchase by the 5oz serving size only.

51. No Samples Ticket Holder cannot sample drinks prior to ordering. Ticket Holders can only order one drink at a time. Ticket Holders cannot pay for a double pour. Serving staff will request token prior to pouring drink. Service staff have the right to refuse service to any Ticket Holder that appears intoxicated.

52. Alcoholic drinks are not permitted outside licensed areas, this includes washrooms, smoking areas and all outdoor areas of the Event.  

53. All rules, regulations and conditions of our Special Occasion Permit and law of Ontario will apply

54. Any tampering or attempt to pour from a cask will be considered vandalism and or theft and Ticket Holder will be evicted from Event without right of reentry or refund.
 

MEDIA & RECORDINGS

55. Photographs or any other recordings of sound or images taken by a Ticket Holder within the Venue may be used for personal, private, non-commercial and non-promotional purposes only. The Ticket Holder shall not, except for personal, private, noncommercial and non-promotional purposes and in any event not for commercial gain, disseminate at any time, over the internet, radio, television and/or any other current and/or future form or type of media, any sound, image, description of the Event (in whole or in part) including (without limitation) any such content made, recorded or captured in still or moving form by mobile phones or by any other form of wireless and/or portable device, and shall not assist any other person(s) in the conduct of such activities. Any recording or transmitting equipment (including professional cameras), unauthorized photos, recordings, tapes, films or similar items may be confiscated and/or destroyed by us.

56. Each Ticket Holder attending the Event:

a) acknowledges that he/she is likely to be recorded and the resulting content publicly disseminated across a range of media;

b) acknowledges that the police and/or security staff may carry out filming for the security of Ticket Holders and the prevention of crime;

c) agrees that perpetual use may be made, free of charge, of his/her voice, image and likeness captured while present at or about the Venue (by means of live or recorded video display, broadcast, transmission or other dissemination or recording, photographs or any other current and/or future media technologies) and waives, on an irrevocable, worldwide, perpetual basis, all rights to object to such recording and the broadcasting, transmission or other dissemination thereof in any current and/or future media technologies;

d) acknowledges and agrees that we are the sole legal and beneficial owner of the copyright and any other intellectual property rights of any nature whatsoever in and to any recordings of sound or images taken within the Venue (including future rights to such recordings or to any works derived from such recordings) and waives, on an irrevocable, worldwide and perpetual basis, all rights (including moral rights) in and to any such recordings.

 

SMOKING

57. Smoking is not permitted anywhere within the Event or venue space. Smoking within this space will result in immediate eviction from the Event and you will not be entitled to a refund or re-entry. This includes all forms of smoking devices: vapes, pens, e-ciggarettes etc.

58. Cask Days will have a designated smoking areas outside the Event space where smoking will be permitted.  

 

LAST CALL

59. There will be two last call announcements made prior to the end of your session. The first announcement will be 30 minutes before end time and the second will be 15 minutes before end time. At the advertised end time of your session, there will be a firm no more pouring policy. Ticket Holders will have 30 minutes to finish 5oz sample and exit event.

60. No event service staff at any service booth are permitted to serve alcohol past advertised event end time, regardless of your place in line or if you have been waiting. All event serving staff reserve the right to refuse you a drink after last call.

 

THEFT

61. All acts or attempts of theft will result in immediate eviction from the event and police/security on-site will be notified.

62. Cask Days is not responsible for your personal belongings. This includes your glass, tokens, wristband and any merchandise or items purchased during the event.

 

TASTING  / BEER QUALITY

63. Cask Days has  picked a team  of brewers, beer  judges and industry professionals to  sample all of the alcoholic beverages served at the Event prior  to service, for quality control. This is done to ensure that no beer wine or cider exhibiting infection or off-flavours will be served.  Please remember, beverage flavor is subjective - Not liking a beer does not mean that something is wrong with the beer. There are no token refunds. Ticket refunds are subject to the terms and conditions set out herein.

 

CASK AVAILABILITY

64. All advertised casks / producers are subject to change and availability. Due to the nature of Cask beer and all the steps involved in having the cask prepared for the Event, we cannot guarantee any one cask can be available at any given time.


TICKET TYPES

Ralphs Reality Tour

65. Guided tasting will commence promptly at a specific time and location as indicated admission indicated on your ticket.

66. Ticket Holder will be responsible for being at specific location and time within the event and is not entitled to a refund if he/she unable to arrive on time.

67. Ticket Holder is not entitled to a refund or different beers outside of tasting if he/she does not like or enjoy the products chosen.

68. In the case where the event has to cancel the guided tasting, Ticket Holder will be compensated in additional Event tokens equally the value of the tasting (not general admission part of ticket).

Baller Pass (All-Access)

69. Baller Pass (All access) Ticket Holders will be required to present pass upon entry to all sessions and check in at the registration desk.

67. Tokens and all other components that come with this pass will be redeemed at first entry.

68. Pass holders are not entitled to a refund for any sessions missed.

69. Pass is unique to the Ticket Holder only and is non-transferable.

70. This pass cannot be replaced if lost or stolen. All Fraudulent use of this pass will result in its confiscation and its holders expulsion from the Event.

71. The holder of this pass must present ID to Cask Days personnel upon request.

Designated Driver Pass

72. This ticket does not permit the handling or consumption of alcohol. Ticket Holders caught handling or drinking will be removed from the Event and shall not be entitled to any refund.

73. Ticket Holder will be required to wear specific type of wristband and identification.

74. Ticket Holder will be required to purchase non-alcoholic food/beverage tokens which are distinctly different from regularly tokens.

75. Cask Days Bus: If you are purchasing a Cask Days Bus ticket, please see the Terms and Conditions which can be found here: http://caskdays.com/bus-terms

 

EVENT ORGANIZER RELEASE OF LEGAL LIABILITY

The Ticket Holder for herself/himself and all successors, assigns, heirs, estate and all other relevant persons, known or unknown, hereby acknowledges that his or her participation in the event known as Cask Days (“Cask Days”) may, whether or not related to the consumption of alcohol by the Ticket Holder or other attendees at the event, expose her/him to a risk of property damage, bodily injury, personal injury and/or death. The Ticket Holder hereby releases, waives, discharges and covenants not to sue 9 Gallon Enterprises Inc., its affiliated and related corporations / entities and their respective present and future officers, directors, trustees, employees, contractors, agents, representatives and volunteers, and all other persons connected at any time with organizing or operating Cask Days, whether known or unknown (collectively, the “Sponsors”), from any and all claims, demands, actions, costs, expenses, damages or other liability, for any and all property damage, personal injuries, bodily injury, death and/or other claims or causes of action arising out of or in any way connected to the Ticket Holder’s attendance at or other participation in or connected to Cask Days, including claims which are known or unknown, foreseeable or unforeseeable, or future or contingent, and regardless of the legal theory under which such any claim or alleged liability is asserted including whether in tort or contract.

 

INDEMNITY AGREEMENT

The Ticket Holder shall indemnify and hold harmless the Sponsors, as applicable, from and against all claims, demands, actions, personal injuries, death, damage, costs and liabilities, of every kind and nature whatsoever, directly or proximately resulting or arising from the act or omission of the Ticket Holder at or in connection with Cask Days (collectively, the “Claims”). The Ticket Holder shall, at his or her sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted against any Sponsor in connection with or by reason of any such Claim, and the Ticket Holder shall without delay pay and satisfy any judgment or decree which may be rendered against any Sponsor in any such suit, action or other legal proceeding, and pay the cost to remedy any damage to or the loss of the property of any Sponsor, caused by act or omission of the Ticket Holder including as a result of theft.

APPLICABLE LAW: This Agreement is governed by and construed in accordance with the laws of the Province of Ontario. ® "Cask Days" is a registered trademark of Cask Days, an Ontario partnership. 9 GALLON ENTERPRISES INC. Licensee of mark © 2018 GALLON ENTERPRISES INC.