TERMS AND CONDITIONS
1. Upon receipt of tickets (“Tickets”), risk of loss or theft of Tickets shall pass to the person or company in whose name the Broadway Across Canada (“BC”) account is held (“Account Holder”). The theatre in which performances are presented shall not be obligated to admit Account Holder to events unless applicable Tickets are presented at such time.
2. Tickets are personal licenses revocable at the sole discretion of Broadway Across Canada (“BC”) (subject to any applicable law to the contrary), with or without cause, including without limitation, for improper conduct by any Account Holder (including guests of other holders of any Tickets), non-usage or otherwise, as determined by BC in its sole discretion.
3. Should BC or the show’s producer (“Producer”) or performance venue (“Theatre”) cancel, without replacing, any scheduled event, a pro-rated refund of the face amount on the Ticket may be provided. Tickets are otherwise not refundable, except at BC’s sole discretion.
4. Subject to applicable law and rules of the Theatre, smoking, talking on cell phones during the performance and disorderly conduct in the Theatre and any recording or photographing of the performance are strictly prohibited. Food and beverage, weapons, illegal drugs and other contraband are not permitted inside the Theatre premises. Ticket holder consents to a reasonable search for such items. Violators of this provision may be required to leave the Theatre without any refund, and may be subject to revocation of their Account Holder status and Tickets. Ticket holders arriving after a show performance begins are subject to the Producer’s and Theatre’s late seating rules, and seating may be delayed and is at the discretion of management. No refunds for late arrivals.
5. Some shows may contain profanity and/or explicit content intended for mature audiences. While BC and the show Producer may issue a disclaimer, Account Holders are responsible for determining whether show content is appropriate for them and their guests (by reading reviews, summaries, etc.). No refunds will be granted due to profanity and/or explicit content.
6. While BC, the Theatre and each show’s Producer are committed to bringing quality touring Broadway productions to your city, they shall not be responsible for sound quality issues or other technical difficulties possible in live theatre, fire alarms, or similar force majeure events not within their reasonable control.
7. Allocation of seats are made from, and are subject to, available seat locations as determined by BC, in its sole discretion. Seating may be subject to relocation for a particular performance if required by reason of production requirements, limited or obstructed views or other reasons. In such cases, Account Holder will be contacted to be relocated to the best available seating. No refunds will be given if a location needs to be relocated and comparable seats are available.
8. The holder of a Ticket to a performance assumes all risks and danger of personal injury or property damage arising from or related to the event. The holder agrees that Key Brand Entertainment Inc., Eagle Eye Entertainment, Inc., the Theatre, the show Producers, their affiliates, subsidiaries, sponsors, successors and assigns and their respective officers, employees, contractors and agents are expressly released by the holder from such claims.
9. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to your Tickets. Without limiting the foregoing, you will not contact BC or the Theatre to seek a refund or exchange when that is prohibited hereunder or by the rules or policies of the Theatre, show or Producer, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase Tickets. Should you do so, your Tickets may be canceled, and BC may, in its sole discretion, refuse to honor pending and future Ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future Ticket purchases by any person who accesses or uses any associated online account or credit card (including any person whose name is listed thereon) or who otherwise breaches this provision. Returned or dishonored checks may be subject to a handling charge.
10. BC or the Theatre may use your e-mail address, street address and/or telephone number to contact you about your Tickets and to provide you with information and special offers we think you will find to be valuable and important information regarding your ticketed performances. BC and its associated business units will not use, sell or rent your personal e-mail address, street address and/or telephone number information to any third party, except as permitted by applicable law or applicable website privacy policies. As an Account Holder, you agree to the use of your phone number when needed to update you regarding your ticketed performance (by either a real person or automated feature). If you wish to opt out of receiving such calls, please call us or send a written request to canadaservice@BroadwayAcrossAmerica.com.
11. The actual Tickets you receive reflect the face value of the Ticket and any facility fees and, if applicable, taxes. Handling fees and/or service charges may not be broken out on the Tickets, which means the prices on the Tickets may not add up to the total paid on your payment confirmation.
ADDITIONAL TERMS AND CONDITIONS
12. In planning a performance, care is taken to avoid scheduling conflicts or changes of any kind. However, prices, shows, dates, schedules, venues and artists are subject to change without notice. All sales final. No refunds, except as expressly stated herein.
13. All Tickets are subject to these Standard Ticket Terms and Conditions and to other terms and conditions otherwise advertised, posted or provided to you via courier, postal service or electronic mail (“Materials”). We do not support the reselling of tickets in excess of the face value through any means other than through authorized reselling programs of BC. Doing so will constitute a breach of these Standard Ticket Terms and Conditions and Account Holders who violate this rule may be subject to revocation of their Account Holder status and Tickets. Theatre, BC and show Producers are not responsible for counterfeit tickets that Account Holders or others may purchase from unauthorized third parties reselling Tickets (e.g., if a lost ticket voucher is issued to an Account Holder to replace a lost Ticket, the Ticket may be voided and will not be honored).
14. BC, the show Producer and the Theatre, at their sole discretion, shall be entitled to implement a Ticket purchase limit per person or Account Holder, per credit card or otherwise (and either per performance or for the entire show engagement). In the event that an Account Holder purchases more than the specified limit, then BC, the Producer and/or the Theatre, each in its sole discretion, reserves the right (with or without notice) to revoke tickets and issue refunds for inadvertent or other sales in excess of the designated limit.
15. Children under the age of six are encouraged to attend only special children’s theatre events. Everyone entering the Theatre must have a ticket regardless of age. For the comfort and enjoyment of all guests, children who are disruptive to other guests will be asked to leave the seating area. Infants will not be allowed to attend Broadway performances. All sales final, no refunds.
16. Accessible Seating Tickets: BC strives to make it easy to purchase accessible seating Tickets for all productions. To purchase, visit us online or call a representative at the telephone number listed on your marketing Materials or elsewhere and we will be happy to assist. Accessible seating areas are solely for people with disabilities and their companions.
17. These Standard Ticket Terms and Conditions provide that all disputes, claims or controversies arising from or related to your Ticket(s), or between you and BC, the Producer or the Theatre regarding such matters, shall be submitted by us to mediation and if the matter cannot be resolved through mediation, it shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, County of New York, and shall be administered by and pursuant to the rules of the American Arbitration Association (“AAA”). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any claims or disputes to be arbitrated or litigated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. No arbitration award or decision shall be given preclusive effect as to the issues or claims in any dispute with anyone not a party to that arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any rights under your Ticket purchase (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and you specifically waive any right to be a member of a class action lawsuit for any claim, dispute or controversy arising from or related to your Ticket(s).
18. In the event of any inconsistency between these Standard Ticket Terms and Conditions and any terms and conditions on other Materials, local Brochure or any local BC or Theatre website for the applicable BC market, then the other Materials, local Brochure or website provisions shall govern. No course of dealing, failure or delay by BC, the Producer or the Theatre in exercising any right or remedy or enforcing any provision under these Standard Ticket Terms and Conditions or any other applicable terms and conditions (collectively, “Applicable Terms and Conditions”) will operate as a waiver of any such (or any other) right, remedy or provision, and no waiver of a breach of any provision of the Applicable Terms and Conditions will be considered or constitute a waiver of any succeeding breach of the same or any other provision or a waiver of the provision itself.
19. These Standard Ticket Terms and Conditions are subject to applicable law. If any provision (or portion thereof) contained herein is found by any arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, that provision (in whole or in part) shall, to the extent required, be deemed not to form part of these Standard Ticket Terms and Conditions, and the validity, legality and enforceability of the other provisions of these Standard Ticket Terms and Conditions shall not be affected or impaired thereby. If any such provision (or portion thereof) is held invalid or unenforceable with respect to particular circumstances, it shall remain in full force and effect in all other circumstances.
Last Updated: February 11, 2014