Standard Ticket Terms & Conditions

as of October 2023

    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 presenter (“Presenter”) 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, Presenter’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 or Presenter 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 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.
    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 The John Gore Organization, Inc., Eagle Eye Entertainment, 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.
    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, 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 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, the Presenter 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@BroadwayAcrossCanada.ca.

Fee Disclosures

    1. The actual Tickets you receive reflect the face value of the Ticket and any facility fees. Any applicable handling fees, mailing fees, service charges and/or applicable taxes 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 & Conditions

  1. 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.
  2. 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, Presenter 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).
  3. BC, the show Producer, the show Presenter 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, 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.
  4. 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.
  5. 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.
  6. 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, the Presenter 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).
  7. 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, Presenter 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, Presenter 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.
  8. 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.

Standard Season Subscription Terms & Conditions

AS OF JUNE 2022

1. Overview. Broadway Across Canada (“BAC”) presents live Broadway touring production shows (each a “Show”, together “Shows”) as part of a series in cities across the United States (each a “Local Broadway Series”). As a subscriber (“You” or “Subscriber”) to a season subscription (“Subscription”) of a Local Broadway Series, You will receive, upon making certain payments, a revocable personal license that will allow You whose name is on the Subscription account (“BAC Account”) to purchase up to a certain number of tickets (“each a “Ticket,” together, “Tickets”) and other benefits (together, “Subscription Package”) for an offering of Shows (“Show Offering”) for a specified season (“Season”). Tickets and Subscriptions are revocable personal licenses that will admit you and/or your guest(s) (“Ticketholders”) to live theatrical performances (each a “Performance”, together, “Performances”) of a Show at the venue in which the Performance is presented (the “Theatre”) on specified dates and times. Revocation of Subscriptions and Tickets are made at the sole discretion of BAC (subject to applicable law), with or without cause and with or without notice, including without limitation, for improper or abusive conduct by any Ticketholders at the Theatre or with BAC, the Producer, the Presenter, or the Theatre staff, or otherwise. Upon a revocation, BAC shall refund that portion of the Subscription price as related to unused Tickets returned to the Box Office or revoked by BAC for Performances that have not yet been presented, provided all such Tickets for future Performances as of the effective date of the revocation are returned at least three business days prior to the first such Performance or such later Performance as may be designated by BAC in its sole discretion.

2. Terms. Your Subscription and Tickets are subject to these Broadway Across Canada Standard Season Subscription Terms and Conditions (“Subscription Terms and Conditions”) and the terms and conditions for each Local Broadway Series that are posted on the dedicated city’s web page accessible from www.broadwayacrosscanada.ca (and any third-party websites of the Theatre or Presenter linked to such web page) (“Local Website”) for the Local Broadway Series corresponding to your Subscription, the subscription brochure (“Brochure”), subscription invoice (“Invoice”), in your online BAC account and in materials and communications sent to You via any format (such materials and communications together, with Local Website, Brochure, Invoice and online BAC account, “Local Terms”). If there is a discrepancy between the Subscription Terms and Conditions and the Local Terms, the Local Terms govern. The Subscription Terms and Conditions and Local Terms are subject to change without notice, from time to time, in BAC’s sole discretion. Any such modification will be effective immediately upon public posting.

3. Subscription.

a. Renewals. While BAC anticipates that Subscribers will have the opportunity to renew their Subscription for an upcoming Season, BAC, in its sole discretion, reserves the right to not renew any Subscription or to change the seat location previously assigned. If You do not renew your Subscription by the renewal deadline (“Renewal Deadline”) set forth in the Local Terms, the seat location specified in your Subscription will be released for purchase by others.

b. Automatic Renewal Plan.

(i) If You participate in a program that automatically renews your Subscription for the next season (“Automatic Renewal Program”), You will receive written notice at least twenty (20) days in advance of each upcoming Renewal Deadline. Such notice shall include: (aa) the date in which your credit card will be charged (“First Payment Date”); (ii) new Season Subscription pricing; and (iii) a method to cancel the automatic renewal of Your Subscription.

(ii) Beginning on the First Payment Date, your credit card will automatically be charged to pay for Your Subscription for an upcoming Season, in accordance with Your Payment Plan, until You or BAC chooses not to renew the Subscription in accordance to the Subscription Terms and Conditions. If you cancel the automatic renewal of Your Subscription prior to the First Payment Date, your credit card will not be charged.

(iii) After any applicable First Payment Date and prior to the Renewal Deadline (the “Money-Back Guarantee Period”), You may cancel your renewal by contacting BAC by phone or e-mail. BAC will refund the Subscription price to You (including applicable taxes and fees). You may not cancel your renewal after the Renewal Deadline.

c. Courtesy Changes. Any requests for adjustments to the Subscription outside of standard benefits or Show Offerings (“Courtesy Changes”) must be completed by the applicable Renewal Deadline and are limited to one request per BAC Account (not per seat) per Season. After the applicable Renewal Deadline, only the standard benefits for the Subscription will be offered.

d. Upgrades. Following a Renewal Deadline, Subscribers may have the opportunity to upgrade their Subscription Package, including changing their assigned Subscription seat location or Performance day and time (“Upgrade”), subject to conditions and restrictions. Upgrades are possible only when seats become available when other Subscribers cancel or do not otherwise renew their Subscriptions. Upgrades, where available, are only possible for BAC accounts with valid email addresses on file and are made through your online BAC Account or by phone. Upgrades are subject to Price Adjustment (see below). Upgrades are considered only for BAC Accounts paid in full or for which all due installments have been paid in an applicable payment plan. Once your seats have been upgraded, your original seat location may be released for purchase by others. Upgrades may not be available for certain seating sections or Performances. Further, Upgrades are not available for Shows in which Subscribers have an option to purchase Shows that are separate from the Show Offerings (“Season Options”).

e. Changing Subscriber’s Name on BAC Account. If requesting to split seats with another Subscriber or to change Subscriber’s name on the BAC Account, your request must be submitted in writing. In fairness to other renewing Subscribers, we may not be able to honor all such account transfer requests. BAC may impose certain rules, restrictions, and conditions on account transfer requests (including documentation of any applicable conditions).

f. Cancelled Performance. Should BAC, the Show’s producer (“Producer”), the Show’s presenter (“Presenter”), and/or the Theatre cancel, without replacing, any Performance included in the Season Subscription Package, a refund or credit of the face amount on the Ticket for such cancelled Performance may be provided; but the Subscription arrangements will not otherwise be affected. Tickets are final and otherwise not refundable, except as provided in these Subscription Terms and Conditions or in the applicable Local Terms.

g. Performance Changes. In planning a Season, care is taken to avoid scheduling conflicts or changes of any kind. However, prices, Performances, schedules, Theatres, and artists are subject to change without notice. In the event that BAC, the Producer, the Presenter, and/or the Theatre are unable to present a Show title that was part of your Season Subscription Package on its originally scheduled date due to circumstances beyond their reasonable control, such Show title may be substituted with another Show title that will comprise part of the Show Offering.

4. Seat Location.

a. Seat Allocation. Allocation of seat locations is subject to available seating as determined by BAC, in its sole discretion. Seating may be subject to relocation for a particular Performance due to production requirements, limited or obstructed views, applicable law or public health or safety guidance, or other reasons. Performance location may change due to Theatre renovations, the relocation of a Performance to a different Theatre, or for other reasons. In such cases, Subscribers will be notified concerning relocation of their seats to the best available seating for comparable seats. No refunds will be given if a location needs to be relocated and comparable seats are available for seat relocation.

b. Orchestra Pit Seating. For certain Performances, orchestra pit seating may become available without notice. While Subscribers with seats in or near the front rows may be given an opportunity to exchange their existing Subscription seating for such orchestra pit seating, those exchanges are made at the sole discretion of BAC, and if notice for such exchange is not provided (due to time constraints), a Subscriber is not entitled to a refund.

c. Exchanges. If you cannot attend a Performance, You may request an exchange of Tickets of a single Performance for another Performance of the same Show (“Exchange”). Subject to availability and certain restrictions or conditions related to certain Shows or Performances, Exchange requests must be made at least three business days prior to the Performance for which You are requesting an Exchange or within any other deadline specified to you in an email or other Local Terms. Exchanges are subject to Price Adjustments (see below).

5. Theatre Rules.

a. Prohibition. Subject to applicable law and rules of the Theatre, smoking, vaping, cell phone usage during the Performance, disorderly conduct, and any recording or photographing of the Performance are strictly prohibited. Outside food and beverage, weapons, illegal drugs, and other contraband are not permitted inside the Theatre. Please check Theatre rules for other restrictions, such as size limits for personal bags. Please contact the Theatre prior to the Performance for requests for an exemption to certain prohibited items as an accommodation for those with disabilities, medical requirements, and/or special needs, including dietary needs.

b. Security. Admission to the Performance may require consent to a reasonable search for prohibited items. Those who refuse to provide such consent may be required to leave the Theatre, at the sole discretion of BAC, the Producer, the Presenter or the Theatre; their Tickets will not be refunded; and their Subscription and Tickets may be subject to revocation.

c. Late Arrivals. Ticket Holders who arrive after a Performance begins are subject to the Show’s and Theatre’s late seating policies. No refunds will be given for late arrivals.

d. Show Content. Some Shows may contain profanity and/or explicit content intended for mature audiences. Subscribers are responsible for determining whether Show content is appropriate for them and their guests. Subject to availability, BAC may accommodate Courtesy Change requests for such content concerns, provided that the request is made prior to the applicable Renewal Deadline.

e. Technical Issues. While BAC, the Producer, the Presenter, and the Theatre are committed to bringing quality Performances, they shall not be responsible for sound quality issues or other technical difficulties, fire alarms, or similar issues not within their reasonable control.

f. Children Under 6. Children under the age of six are encouraged to attend only family friendly Show Performances. 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.

g. Assumption of Risk and Waiver. 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 arising from or related to the Show Performance. The Ticketholder agrees that The John Gore Organization, Inc., Eagle Eye Entertainment Inc., the Theatre, the Presenter, the Show, the Producers, any Show organizers, their respective affiliates, subsidiaries, sponsors, ticket service providers, successors, and assigns and their respective officers, employees, contractors, and agents are expressly released by the Ticketholder from such claims.

h. Health Protocols.

(i) An inherent risk of exposure to COVID-19 and its variants (“COVID-19”) exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. Ticketholders assume 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 Performance, however caused or contracted, and voluntarily waive all claims and potential claims against, any Show organizers, The John Gore Organization, Inc., Eagle Eye Entertainment Inc., the Theatre, the Presenter, the Show, the Producers, any Show organizers, their respective owners, affiliates, subsidiaries, sponsors, ticket service providers, successors and assigns and their respective officers, employees, contractors and agents.

(ii) COVID-19 related health protocols may be in effect at the time of performance, including, without limitation, required: masks, proof of COVID-19 vaccination, proof of negative COVID-19 test results, confirmation of prior travel to restricted areas and/or confirmation of no known symptoms of and exposure to COVID-19. BAC reserves 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. Anyone who does not comply with any COVID-19 related health protocol may be required to leave the Theatre, and their Ticket will not be refunded. Guests with accessibility questions, or who require additional assistance related to the Theatre’s COVID-19 policies may email the email address or call the phone number provided in the Local Terms. Show Performances are planned at full capacity, subject to applicable law and governmental approval.

6. Fee Disclosures, Payments Plans, Price Adjustments, Chargebacks, Refunds, Credits, and Gift Certificates.

a. Fee Disclosures.

(i) The total cost of Your Subscription on the pricing grid provided in the applicable Local Terms reflects the sum of the face value of Your Tickets (including any facility fees), plus any processing fees, service charges, and any applicable taxes.

(ii) If You have Broadway Premiere Seating, Patron Club Subscriptions, or other premium seating locations identified in your Local Terms (each a “Premium Package”, together, “Premium Packages”), the total cost will also include the Premium Package participant fee and/or any applicable charitable contribution. Such fees or charitable contributions are disclosed in your Invoice and other Local Terms. Premium Subscription Package Subscribers receive priority access to premium seat locations, prior to Tickets being placed on sale to the general public. Additional benefits, such as discounts for local restaurants or Show merchandise, parking, drink vouchers, and/or exclusive opportunities to purchase additional Tickets before the general public, may be included in the Premium Packages. These additional benefits have no ascribed monetary value.

(iii) Please note that the Tickets You receive reflect the face value of the Ticket and any facility fees. Because the processing fees, service charges, and any applicable taxes, as well as, if applicable, any Premium Package participant fee, and/or any applicable charitable contribution may not be broken out on the Tickets, the prices of the Tickets may not add up to the total due on your Invoice. All sales are final. No refunds, except as expressly stated herein.

(iv) For more information, including fee breakdowns, please refer to your Invoice and other Local Terms, or contact the Subscriber hotline for Your Local Broadway Series.

b. Payment Plans. By selecting a Subscription Package, You agree to select a payment plan options made available to You by BAC for each Season (each, a “Payment Plan”) and further agree that subject to availability in your local market, the selected Payment Plan will, absent notice to or from BAC regarding cancellation of Your Subscription, is subject to the following terms:

(i) Payment Authorization. You authorize BAC to bill You for the Subscription Package in accordance with the selected Payment Plan. For all Your Subscription Package payments, this payment authorization shall remain in effect for so long as Your BAC Account remains in good standing. You hereby understand and agree that (aa) BAC has the authority to approve charges in accordance with the Payment Plan; (bb) BAC is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of such a billing error, BAC’s only responsibility is to correct it if and when BAC receives written notice of the error (cc) all deposits and/or payments made are non-refundable; and (dd) You are solely responsible for ensuring that Your payment information is correct and current and for notifying BAC of any errors, deficiencies or changes such that the payment information may be updated. Your failure to update Your payment information within the specified time frame may result in a suspension or loss of Tickets and/or Subscription privileges at the sole discretion of BAC. BAC reserves the right to charge a processing fee in the event a payment is refused for any reason. All payments are due on the dates specified by BAC in the applicable Local Terms.

(ii) Payment Plan Options. You may select among the following Payment Plans to pay for Your Subscription, using any credit card accepted by BAC (each a “Credit Card”) or cheque:

(aa) The “Annual Plan” allows You to pay 100% of the cost of Your Subscription on or before the Renewal Deadline.

(bb) The “Quarterly Plan” allows You to pay 25% of the cost of Your Subscription on or before the Renewal Date, and pay the remaining balance on the three subsequent payment dates specified in the Local Terms (each payment will be in the amount of 25% of the total Subscription price, plus applicable fees and taxes). All payments for a given Subscription Package must be made prior to the first performance of the applicable Season.

If You are already enrolled in the Automatic Renewal Plan, You may request a change in Your Payment Plan by informing BAC prior to the First Payment Date (as defined below) for an upcoming Season. Any Payment Plan change will be effective only after it has been confirmed by BAC.

(iii) Declined Credit Card Payments or Bounced Cheques. If Your Credit Card on file is declined for any reason or Your cheque bounces, BAC will notify You via Your e-mail address on file and request that You manually renew the Subscription. BAC will make reasonable attempts by email and/or telephone to notify You that the payment has not processed and request that payment information be updated or another cheque be issued. If after four (4) notification attempts and You have not responded to BAC or payment has not been made, BAC will release the applicable Subscription Tickets and refund the price of such Tickets, less any processing fee. Please note, no refund will be issued for any performances missed during this time. If a Subscriber enrolled in the Annual Plan or Quarterly Plan misses a payment, and the payment remains outstanding for ten (10) or more business days, BAC may terminate Your BAC account.

c. Price Adjustments. Upgrades, Exchanges, and other benefit changes may result in price adjustments (“Price Adjustments”). For example, Upgrades and Exchanges for higher-priced tickets, such as for more favorable seating sections, a higher-priced Performance, or seating that is subject to dynamic pricing, will result in additional charges to your credit card or deduction from any credit in your BAC Account equal to the difference in price and applicable taxes and fees. Exchanges for lower-priced Tickets (due to availability or moving to a lower priced Performance) will result in either (i) a refund to the credit card used in the original Subscription payment or associated with your BAC Account (less the Subscriber processing fee), (ii) a credit to your BAC Account, or (iii) a gift certificate that will be mailed to you at the address on file with your BAC Account, at BAC’s sole discretion and in each case equal to the difference in price and applicable taxes and fees.

d. Chargebacks. You will not contact BAC or the Theatre to seek a refund, credit or exchange that is prohibited hereunder, by Local Terms or by other published rules or policies of BAC, the Producer, the Presenter, or the Theatre. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase Subscriptions or Tickets. Should You do so, your Subscription and/or Tickets may be canceled, and BAC may, in its sole discretion, refuse to honor pending and future Subscription or Ticket purchases made from all credit card accounts or BAC Accounts on which such chargebacks have been made, and may prohibit future Ticket purchases by any person who accesses or uses any associated BAC Accounts 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.

e. Refunds, Credits, and Gift Certificates. No refunds, credits, or gift certificates will be issued for missed Performances. BAC may offer the option of issuing credits or gift certificates for various reasons, including differences in price resulting from Exchanges, canceled Performances, or other circumstances. Credits and gift certificates are not redeemable for cash, except at BAC’s sole discretion, and are only redeemable (in whole or in part) toward the purchase of Tickets (including Season Subscription Tickets, Additional Tickets, eCLUB tickets, group sales tickets, Upgrades and Exchanges) for Performances for the Local Broadway Series corresponding to your existing Subscription. If You make purchases that exceed the value of the credits in your BAC Account or on your gift certificate(s), You will be required to pay the balance due. Credits are non-transferable and can only be used for orders associated with your BAC Account. To obtain your credit balance, please log in to your online BAC account or call the customer service hotline for your Local Broadway Series. It may take up to two weeks for the credit balance to be adjusted. Please check the Local Terms for more info, including any credit or gift certificate expiration dates. Credits and gift certificates are only available for Tickets purchased directly through BAC. BAC is not responsible for the ticketing practices put in place by secondary ticket providers.

7. Accessible Seating Tickets and Special Accommodations. BAC strives to make it easy to purchase accessible seating Tickets for all Shows and to make reasonable accommodations for any guests with special needs. To purchase accessible seats or request special accommodations, visit us online or call the customer service hotline listed in your Local Terms. Accessible seating areas are solely for people with disabilities and their companions.

8. Subscriber Additional Ticket Limits. In addition to their Subscription Tickets, Subscribers may have the opportunity to purchase additional tickets (“Additional Tickets”) for Performances from the Show Offerings or Season Options, subject to certain conditions and restrictions. BAC, the Producer, the Presenter, and the Theatre, at their sole discretion, shall be entitled to implement a Ticket purchase limit per person or Subscription Package, per household, per credit card, per e-mail address, per billing address, per account number, per phone number, per IP address or otherwise (and either per Performance or for the entire Show engagement). If a Subscriber 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. The current Ticket purchase limit per Subscription Package is eight (8) tickets per Subscriber household unless otherwise advertised. Additional Tickets may not be available for purchase for certain Performances.

9. Lost Ticket. Upon receipt of Tickets, risk of loss, or theft of Tickets shall pass to the Subscriber. The Theatre shall not be obligated to admit Subscriber and its guests to Performances unless applicable Tickets are presented at such time. If a Ticket is lost, stolen, or otherwise not received by the Subscriber, BAC will make reasonable efforts, upon request prior to the Performance date, cancel such Tickets and take any steps, at BAC’s sole discretion, to help You access the same Performance and seat location as stated on such Ticket. To pick up replacement paper Tickets or seating location passes, the account holder must present government issued photo identification that matches the name on the BAC Account. BAC may also send You a replacement Ticket via your BAC Account, via email or text, or via other means, at its sole discretion. Tickets that are lost, stolen, or otherwise not received are not eligible for Exchange.

10. Certain Ticket Resale Prohibited. BAC does not support the reselling of tickets in excess of the face value through any means other than through authorized reselling programs of BAC. Doing so will constitute a breach of the Subscription Terms and Conditions and Subscribers who violate this term may be subject to revocation of their Subscription and Tickets. BAC, Producer, Presenter, or the Theatre are not responsible for counterfeit tickets that Subscribers or others may purchase from unauthorized third parties reselling Tickets. If You transfer or sell a Ticket, You are solely responsible for communicating the Subscription Terms and Conditions and Local Terms that apply to the use of that Ticket to the recipient, as well as any updates, including but not limited to information about seating and date changes, Performance cancellations, and the Theatre’s rules, including Health Protocols, and security requirements. Other than admission to the Performance, all other benefits associated with a resold Ticket are non-transferable.

11. Use of Your Contact Info. BAC, the Presenter or the Theatre may use your e-mail address, street address and/or telephone number to contact You about your Subscription and provide You with special offers and important information regarding your Subscription, subject to applicable law. BAC and its associated business units will not provide 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 a Subscriber, You agree to the use of your phone number when needed to update You regarding your Subscription or 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@BroadwayAcrossCanada.ca. For complete terms governing how BAC handles your personal information, visit https://www.broadwayacrosscanada.ca/privacy-policy/. In addition, if You sign up for our Mobile Alerts program, You may receive SMS or MMS text message alerts relating to your Broadway Account and Performance as well as marketing offers and promotions from BAC. The terms of the Mobile Alerts program, including opt-out procedures, are posted at http://tickets.broadwayacrossamerica.com/sms.

12. Arbitration. These Subscription Terms and Conditions provide that all disputes, claims or controversies arising from or related to your Subscription or 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 Ottawa, Ontario, Canada, and shall be administered by and pursuant to the rules of the Canadian Arbitration Association (“CAA”). 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 Subscription or Tickets (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 Subscription or Ticket(s). You agree that any claim or cause of action arising out of or related to any Tickets, Subscription, or the Subscription Terms and Conditions and Local Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, subject to applicable law. Under no circumstances will any Subscriber be permitted to obtain any award for, and Subscriber hereby knowingly and expressly waives all rights to seek, punitive, incidental, exemplary, consequential or special damages; lost revenues; and/or lost profits, and under no circumstances will any Subscriber have any rights to have damages multiplied or otherwise increased; (iii) no award or decision shall be given preclusive effect as to the issues or claims in any dispute with anyone not a party to that dispute or litigation and (iv) Subscriber irrevocably waives any right to seek injunctive or equitable relief, unless otherwise prohibited by law.

13. Applicable Law. These Subscription 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 Subscription Terms and Conditions, and the validity, legality and enforceability of the other provisions of these Subscription 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.

14. No Waiver. 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 Subscription Terms and Conditions or Local Terms 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 Subscription Terms and Conditions or Local Terms 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.

15. Headings. The section headings contained herein are inserted for convenience only and shall not affect in any way the meaning or interpretation of these Subscription Terms and Conditions.

Group Sales Ticket Terms & 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.  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.