Broadway Across Canada Group Sales Ticket Terms and Conditions

AS OF MAY, 2021

1. These terms apply to any person or company in whose name a Broadway Across Canada (“BAC”) account for Group Sales purchases is held (a “Group Account Holder”) or who otherwise enters into a contract with BAC to purchase tickets for or on behalf of a group of individuals (a “Group Sales Contract”). Wherever applicable, these terms also apply to any individual who receives tickets from a Group Account Holder (each, a “Groups Ticket Holder”). By using or registering for the services offered by BAC Group Sales on any BAC Group Sales website pages (“Groups Website”) or purchasing services from BAC Group Sales via telephone, fax or email the Group Account Holder and other users and the entities or persons they represent (“User” or “Users”) agree to be legally bound and to abide by the terms, conditions, and notices set forth or referenced herein. In addition, each User agrees to the rules and regulations of the venue presenting the Event to which ticket(s) purchased hereunder (“Ticket” or “Tickets”) grant admission (the “Theatre”), which are incorporated herein by reference.

2. Tickets are personal licenses revocable at the sole discretion of BAC (subject to any applicable law to the contrary), with or without cause, including without limitation, for improper conduct by any Group Account Holder or any Groups Ticket Holder), non-usage or otherwise, as determined by BAC in its sole discretion.

3. Upon receipt of Tickets, risk of loss or theft of Tickets shall pass to the Group Account Holder. The Theatre in which performances are presented shall not be obligated to admit any Groups Ticket Holder to live theatrical performances or other events (“Events”) unless applicable Tickets are presented at such time.

4. Events are occasionally cancelled due to reasons beyond our control, such as acts of nature. Should BAC or the Event’s producer (“Producer”) or presenter (“Presenter”) or the Theatre cancel, without rescheduling, any Event, BAC may provide Group Account Holder with one or more of the following options for each Ticket to such canceled Event: (i) a pro-rated refund of the face amount on the Ticket, (ii) the opportunity to donate the value of their Ticket to a non-profit organization, or (iii) a credit or gift certificate in the amount of the value of each Ticket that can be applied towards the purchase of future Tickets. If an Event is rescheduled, BAC may alternatively offer to replace each of Group Account Holder’s Tickets with new Tickets to such rescheduled Event. Tickets are otherwise not refundable, except at BAC’s sole discretion.

5. If Tickets are unable to be shipped due to time constraints, BAC is entitled to instead require you to pick up the tickets at the Theatre’s box office, in which case you will be contacted. All orders with FedEx or other delivery, if offered to you, will not be processed until after your Tickets (including any applicable fees) have been confirmed and paid for in full. We cannot deliver FedEx packages to a PO Box. All packages must be signed for upon delivery (unless purchaser agrees to delivery without signature). Purchasers electing FedEx or other courier delivery (if offered) will be assessed a separate non-refundable delivery fee in addition to any per order handling/processing fee.

6. Will Call. Depending on the number of tickets purchased per group order, and at the sole discretion of the Theatre’s Box Office, you may be permitted to pick up your tickets at the Box Office. We recommend that you arrive at least thirty (30) minutes in advance of the Event performance time to ensure you have adequate time. Please also bring a picture identification in order to pick up your Tickets. Please note that certain venues limit ticket delivery options to will call.

7. Subject to applicable law and rules of the Theatre, smoking, vaping, using cell phones during the performance, disorderly conduct in the Theatre, and any recording or photographing of the performance is strictly prohibited. Food and beverage, weapons, illegal drugs and other contraband are not permitted inside the Theatre premises. Exceptions will be made for certain types of items for those with disabilities, medical requirements and/or special needs. BAC encourages guests with specific/special dietary needs due to disabilities, medical conditions or special needs to contact the Theatre prior to attending an Event to arrange for reasonable accommodations. Each User and Groups Ticket Holder consents to a reasonable search for prohibited items. Violators of this provision may be required to leave the Theatre without any refund, and the Group Account Holder may be subject to revocation of its Group Account Holder status and Tickets. Groups Ticket Holders arriving after an Event begins are subject to the Producer’s, Presenter’s and Theatre’s late seating policies, and seating may be delayed and is at the discretion of management. No refunds for late arrivals.

8. Some shows may contain profanity and/or explicit content intended for mature audiences. While BAC and the show Producer or Presenter may issue a disclaimer, Group Account Holders are responsible for determining whether show content is appropriate for them and their Groups Ticket Holders (by reading reviews, summaries, etc.). No refunds will be granted due to profanity and/or explicit content.

9. While BAC, the Theatre and each Event’s Producer and Presenter 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.

10. Allocation of seats is made from, and is subject to, available seat locations as determined by BAC, 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, Group Account Holder/User 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.

11. The holder of a Ticket to a performance assumes all risks and danger of personal injury, including but not limited to risk of bacterial or viral infection, or property damage or theft arising from or related to the Event. The Group Ticket Holder and the Group Account Holder/User agrees The John Gore Organization Inc., John Gore Theatrical Group, Inc., the Theatre, the show Presenter, 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.

12. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to Tickets. Without limiting the foregoing, you will not contact BAC or the Theatre to seek a refund or exchange when that is prohibited hereunder or by the rules or policies of the Theatre, Event, Presenter 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 BAC 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 processing charge.

13. BAC, the Presenter or the Theatre may use your e-mail address, street address and/or telephone number to contact you about your Tickets or the Event and to provide you with information and special offers we think you will find to be valuable and important information regarding your ticketed performances. BAC 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 and applicable website privacy policies. As a Group Account Holder, User and/or Groups Ticket 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 SpecialServices@BroadwayAcrossAmerica.com. In addition, if you sign up for our Mobile Alerts program, you may receive SMS or MMS text message alerts regarding offers and promotions from BAC, as well as alerts relating to a your transactions or account. To opt out of receiving SMS or MMS messages, reply to any such message with “stop”, “unsubscribe”, “end” or “quit”.

14. An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. Each Group Account Holder, User and Groups Ticket Holder assumes all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the Event, however caused or contracted, and voluntarily waive all claims and potential claims against BAC, any Event organizers, The John Gore Organization, Inc., John Gore Theatrical Group, Inc., the Theatre, the Presenter, the Event, the Producers, and their respective affiliates, subsidiaries, sponsors, successors and assigns and their respective officers, employees, contractors and agents.

15. Masks are required to be worn by all patrons while in the venue. Other COVID-19 related health protocols may be in effect at the time of performance, including, without limitation, required: temperature checks, testing, confirmation of prior travel to restricted areas and/or confirmation of no known symptoms of and exposure to COVID-19. We reserve the right to unilaterally make changes to health protocols according to updated public health guidance and applicable law. Future updates will be provided to ticket holders prior to the performance. Any ticket holder who does not comply with any COVID-19 related health protocol may be required to leave the theatre, and his/her ticket will not be refunded. Guests with accessibility questions, or who require additional assistance related to the venue’s COVID-19 policies may email or call the email address or phone number specified on the Groups website or materials.

16. In some BAC markets, BAC Group Sales’ total price for each Ticket (including the face value and all applicable facility fees, delivery charges, handling or service fees and applicable taxes) will be reflected (as an all-in price) on your transaction invoice. The actual Ticket you receive will reflect the face value of the Ticket and any facility fees. In other BAC markets, the face value, facility fee and any applicable delivery charges, handling or service fees and applicable taxes may be itemized on your payment confirmation and/or invoice. In such cases, any applicable delivery charges or handling or service fees may not be reflected on the Ticket itself or on the applicable Groups Website, which means the prices on your Tickets may not add up to the total paid on your payment confirmation and/or invoice.

17. 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 are final. No refunds, except as expressly stated herein.

18. BAC Group Sales may accept ticket requests over the phone, fax, or internet. If a ticket request is received, the BAC Group Sales account representative will quote order details, including, without limitation, pricing and, when available, seating locations (ability to guarantee exact seat locations varies from venue to venue) to the Group Account Holder after BAC successfully communicates with the Theatre’s box office. There is no guarantee that the requested order will be confirmed, and prices are subject to change until written confirmation is provided to the Group Account Holder by the BAC account representative, exact seat locations are designated, and the Group Account Holder pays the required payment indicated on its transaction invoice. BAC Group Sales and the Theatre are not liable for accommodations made for travel or lodging or for other consequential damages.

19. All Tickets are subject to these Group Sales Ticket Terms and Conditions and to other terms and conditions contained in materials otherwise advertised, posted or provided to you via courier, Canada Post or electronic mail (“Materials”). We do not support the reselling of Tickets purchased under a Group Sales Contract with BAC unless you are a tour operator, authorized concierge service company, travel agent or other authorized wholesale travel industry partner that (a) packages the Tickets with hotel reservations, transportation arrangements or other travel amenities, and (b) such package shall include substantial value to each individual purchaser above and beyond the rights and access provided by the Ticket to the Event. We reserve the right to refuse service to any entity that resells our Tickets for profit in the secondary marketplace. If we discover that Tickets sold as part of a group order have been resold individually at a profit or otherwise in violation of the conditions described above, we reserve the right to revoke group benefits at any time including but not limited to group discounts, payment plans, complimentary ticket policies and priority seating privileges. The contents of this paragraph shall not be deemed as waiving or limiting any rights or remedies which Broadway Across Canada or its subsidiaries and/or affiliates may have, all of which rights and remedies are hereby specifically reserved.

20. Theatre, BAC, Presenter and show Producers are not responsible for counterfeit Tickets that Group Account Holders or others may purchase from unauthorized third parties reselling Tickets (e.g., if a lost ticket voucher is issued to replace a lost Ticket, the Ticket may be voided and will not be honored).

21. BAC, the Event Producer, the Event Presenter and the Theatre, at their sole discretion, shall be entitled to implement a Ticket purchase limit per person or Group Account Holder/User, per credit card or otherwise (and either per performance or for the entire show engagement). In the event that a Group Account Holder/User purchases more than the specified limit, then BAC, the Producer, the Presenter 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.

22. Children under the age of six are encouraged to attend only family friendly 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.

23. Accessible Seating Tickets: BAC strives to make it easy to purchase accessible seating Tickets for all productions. Guests with accessibility questions or who require additional assistance may visit us online or call a representative at the telephone number listed on our marketing Materials or elsewhere and we will be happy to assist. Accessible seating areas are solely for people with disabilities and their companions.

24. These Standard Ticket Terms and Conditions provide that all disputes, claims or controversies arising from or related to your Tickets, or between you and BAC, the Presenter, 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 arising by reason of 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).

25. A PORTION OF BAC’S GROUPS WEBSITE CONTENT MAY BE SUPPLIED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF BAC. BAC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE GROUPS WEBSITE BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF BAC WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.

26. In the event of any inconsistency between these Group Ticket Terms and Conditions and any terms and conditions on other Materials, or any local BAC, Presenter or Theatre website for the applicable BAC market, then the other Materials or local website provisions shall govern. No course of dealing, failure or delay by BAC, the Producer, the Presenter or the Theatre in exercising any right or remedy or enforcing any provision under these Group 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.

27. These Group 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 Group Ticket Terms and Conditions, and the validity, legality and enforceability of the other provisions of these Group 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.

28. These Group Ticket Terms and Conditions, the Website Terms of Use, and its Privacy Policy, represent and constitute the entire agreement between you and BAC regarding your relationship with BAC Group Sales, supersedes any prior statements or representations and governs your use of the Groups Website, other than invoices, contracts or other writings (including via paper, e-mail or fax) between us relating to specific transactions.