Broadway Across Canada Standard Season Subscription Terms and Conditions
AS OF JANUARY 2020
- Tickets and Subscriptions are personal licenses revocable at the sole discretion of Broadway Across Canada (“BAC”) (subject to any applicable law to the contrary), with or without cause, including without limitation, for improper conduct by any Subscriber (including guests of other holders of any Tickets), non-usage or otherwise, as determined by BAC in its sole discretion. Upon such revocation, BAC shall refund that portion of the Subscription price as related to unused Tickets returned to the Box Office 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 two business days prior to the first such performance or such later performance as may be designated by BAC in its sole discretion.
- Upon receipt of Subscription tickets (including any Subscriber additional tickets) (“Tickets”), risk of loss or theft of Tickets shall pass to the person or company in whose name the Season Subscription account is held (“Subscriber”). The theater in which performances are presented shall not be obligated to admit Subscriber to events unless applicable Tickets are presented at such time.
- Should BAC or the show’s producer (“Producer”) or presenter (“Presenter”) or performance venue (“Theater”) cancel, without replacing, any scheduled event that BAC has included under a Season Subscription (“Subscription”), a pro-rated refund of the face amount on the Ticket may be provided, but the Subscription arrangement will not otherwise be affected. Subscriptions and Tickets are otherwise not refundable, except at BAC’s sole discretion as provided above.
- If you cannot attend a performance, as a Subscriber you may be able to exchange Tickets for another performance of the same show. Exchanges, when available, must be made at least two business days in advance of the show you are exchanging out of. Exchanges are subject to availability and certain restrictions or conditions may apply by show. Additional charges incurred by the exchange request will be charged to your credit card upon processing of the request (for example, higher Ticket prices for more favorable seating sections or moving to a higher priced performance). Refunds will be issued to the original method of payment for exchanges incurring a reduction in price (for example, lower priced tickets due to availability or moving to a lower priced performance.) No refunds will be issued for missed performances.
- Any requests for adjustments to the Season Subscription outside of standard benefits or show offerings (“Courtesy Changes”) must be completed by the applicable Season Subscription renewal deadline and are limited to one request per subscription account (not per seat) per season. After the applicable renewal deadline only the benefits associated with the Season Subscription package will be offered.
- For the security of Season Subscription accounts, in the case of Tickets that are lost or stolen or otherwise not received by the Subscriber, BAC will upon request prior to the performance date issue the Subscriber a seating location pass for the same performance and seats as the applicable Tickets. The location pass will be held at the box office for pick up one hour prior to performance time. The location pass will not be mailed or emailed. Proper ID will be required at time of pick up and must match the name on the Account. Such Tickets that are lost, stolen or otherwise not received are not eligible for exchange.
- Renewal privilege is extended at the option of BAC and is subject to revocation at any time. Although BAC anticipates that Subscribers will have the opportunity to renew their Subscriptions in the subsequent season, BAC, in its sole discretion, reserves the right for any reason whatsoever (i.e., with or without cause) not to renew any Subscription or to change the seat location previously assigned to any Subscription. After the final renewal deadline set forth on your local Subscription invoice (“Invoice”), seats will be released for purchase by others.
- Subject to applicable law and rules of the Theater, smoking, vaping, using cell phones during the performance, disorderly conduct in the Theater, 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 Theater 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 Theater prior to attending an event to arrange for reasonable accommodations. Ticket holder consents to a reasonable search for prohibited items. Violators of this provision may be required to leave the Theater without any refund, and may be subject to revocation of their Season Subscription and Tickets. Ticket holders arriving after a show performance begins are subject to the Producer’s, Presenter’s and Theater’s late seating policies, and seating may be delayed and is at the discretion of management. No refunds for late arrivals.
- 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, Subscribers are responsible for determining whether show content is appropriate for them and their guests (by reading reviews, summaries, etc.). Subject to availability, BAC may accommodate Courtesy Change requests when such content concerns arise so long as you contact us prior to the applicable Renewal Deadline.
- For certain shows, the Producer or Presenter may open up seating in the Orchestra Pit. Although we make good faith attempts to notify Subscribers in the first three or four rows so they might be able to exchange their existing Subscription seating into the newly opened locations for that show, there is no guarantee as to such relocation, and Tickets for existing Subscription seats are not subject to a refund in these instances.
- While BAC, the Theater 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 theater, fire alarms, or similar force majeure events not within their reasonable control.
- Allocation of seats for all Subscription types are made from, and are 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, Subscribers 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.
- 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 Theater, 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.
- All payments are due by the date indicated on the applicable Invoice. Failure to make any portion of the payment by the applicable due date may result in BAC retracting its Subscription offer and loss of any future Subscriber benefits. For payment plans, if you have not paid the full balance of your Subscription one week prior to the opening of the applicable season, BAC has the right to revoke your Subscription and refund the amount paid to date, less the Subscriber processing fee. 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 BAC or the Theater to seek a refund or exchange when that is prohibited hereunder or by the rules or policies of the Theater, 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 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.
- BAC, the Presenter or the Theater may use your e-mail address, street address and/or telephone number to contact you about your Subscription and to provide you with information and special offers we think you will find to be valuable and important information regarding your Season Subscription performances, subject to applicable law. 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 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 a 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. 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”.
- The total cost of your Subscription on the renewal Invoice or Season Subscription brochure (“Brochure”) pricing grid reflects the sum of the face value of your Tickets (including any facility fees), plus any service charges, processing fees and, if applicable, taxes. The actual Tickets you receive reflect the face value of the Ticket and any facility fees. Processing fees, service charges, and any 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 Invoice.
Payment Plans and Automatic Renewal
- By selecting a Season Subscription package, you agree to select a payment plan option from the payment plan options made available to you by BAC for each subscription season (each a “Season”) and further agree that subject to availability in your local market, the select payment plan will, absent notice to or from BAC regarding cancellation of your Subscription, automatically renew each Season and is subject to the following payment terms:
a. Payment Authorization.The Subscriber understands that by selecting a ticket package, the Subscriber gives BAC authorization to bill the Subscriber for the Subscriber’s Season Subscription in accordance with the selected payment plan. For all Subscriber Season Subscription payments, this payment authorization shall remain in effect for so long as the Subscriber’s account remains in good standing with BAC. The Subscriber hereby represents and warrants to BAC that it has the authority to approve charges in accordance with the listed payment information for the purpose of paying for the Season Subscription. The Subscriber understands and agrees that 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. The Subscriber understands that all deposits and/or payments made are non-refundable. The Subscriber understands that it is the sole responsibility of the Subscriber to ensure that its payment information is correct and current and to notify BAC of any errors, deficiencies or changes such that the payment information may be updated, and that the Subscriber’s failure to do so 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.
b. Payment Plan Options for Season Subscribers.Subscribers will have the option of two payment plans:
i. Annual Plan:This plan allows the Subscriber to pay 100% of the cost of its Tickets for the following Season on or before the final renewal deadline listed in the applicable BAC market Brochure, Invoice or e-mail notification (the “Final Renewal Date”). This payment may be made using any credit card specified accepted by BAC (each a “Credit Card”), or cheque.
ii. Quarterly Plan:This plan allows the Subscriber to pay 25% of the cost of its Subscription for the following Season on or before the Final Renewal Date, and to pay the remaining balance on the three subsequent payment dates specified by BAC (each payment will be in the amount of 25% of the total Subscription price, plus applicable fees and taxes). All payments for a given Season must be made prior to the first performance of the applicable Season. These payments may be made using a Credit Card or cheque.
If the Subscriber is enrolled in the automatic renewal plan and wishes to select a different payment plan at the start of a subsequent Season, the Subscriber may do so by informing the BAC service team prior to the First Payment Date (as defined below) for the following Season provided that no change in a payment plan will be effective until it is confirmed by BAC.
c. Declined Credit Card Payments. If the Subscriber’s Credit Card on file is declined for a given payment for any reason, BAC will notify Subscriber via the Subscriber’s e-mail address on file and request that the Subscriber manually renew the Subscription. BAC will make reasonable attempts by email and/or telephone to notify the Subscriber that the payment has not processed and request that the payment information be updated. If after four (4) attempts, Subscriber has not responded to BAC and payment has not been made BAC will release the applicable Subscription Tickets and refund the Subscription price less the processing fee. Please note, no refund will be issued for any performances missed during this suspension. 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 the Subscriber’s account.
d. Bounced Cheques. If a Subscriber’s cheque for a given payment bounces, BAC will notify Subscriber via the Subscriber’s e-mail address on file and request that the Subscriber manually renew the Subscription. BAC will make reasonable attempts by email and/or telephone to notify the Subscriber that the payment has not processed and request that the payment information be updated. If after four (4) attempts, Subscriber has not responded to BAC and payment has not been made, BAC will release the applicable Subscription Tickets and refund the Subscription price less the processing fee. Please note, no refund will be issued for any performances missed. 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 the Subscriber’s account.
e. Automatic Renewal Plan.In connection with the Subscriber’s purchase of the Season Subscription for the upcoming Season, the Subscriber may be subject to an automatic renewal plan (the “Automatic Renewal Program”). Through the Automatic Renewal Program, the Subscriber will have its Season Subscription Tickets automatically renewed for the upcoming Season on the relevant First Payment Date, until such time as the Subscriber or BAC chooses not to renew the membership.
f. Notice.If a subscription is subject to the Automatic Renewal Program, BAC will provide each Subscriber with written notice at least twenty (20) days in advance of each upcoming Season Subscription renewal date (the “Notice”). The Notice shall include: (i) the renewal date on which Subscriber’s credit card will be charged (“First Payment Date”); (ii) new Season Subscription pricing; and (iii) the method for the Subscriber to indicate its desire not to renew its membership.
g. Money-Back Guarantee. If a subscription is subject to the Automatic Renewal Program, a Subscriber shall have the right to revoke its Season Subscription after any applicable First Payment Date for the upcoming BAC Season if they contact BAC by phone or e-mail before the final renewal deadline listed in the applicable BAC market Brochure, Invoice or e-mail notification (the “Money-Back Guarantee Period”). If a Subscriber indicates that it wishes to revoke its Subscription and receive a full refund during the Money-Back Guarantee Period, BAC will refund the full Subscription price (including applicable taxes and fees).
A Subscriber who purchases a ticket package, expressly authorizes the initial and continued payment in accordance with its selected payment plan for the current Season Subscription Season and for each subsequent Season Subscription Season, until the earliest to occur of the following: (i) the Subscriber chooses to change its then current payment plan; (ii) the Subscriber opts out of the Season Subscription Tickets before the First Payment Date or requests a refund during the Money-Back Guarantee Period; or (iii) the Subscriber’s membership is terminated by the Subscriber or BAC.
Upgrading your Season Tickets
- If you are interested in changing your current Subscription seat location(s) and/or performance day, please note that we will make every effort to accommodate your requests, subject to availability and stated deadlines on Invoices or as may otherwise be adopted in specific markets. Exact renewals for same locations are processed first. Upgrades and other change requests must be submitted in writing or through our online process. Online upgrades, where available, are only possible for accounts with valid email addresses on file. Upgrades are considered only for accounts paid in full or with any applicable payment plan. Upgrades are possible only when seats become available through cancellations, and are processed following the final renewal deadline printed on your Invoice.
- Methods for requesting upgrades or other seat changes will be described on your Subscriber renewal invoice or via an email notification. Upgrades may not be available in a particular section or for all performances. Confirmation of your final seat location will be sent to you by BAC via mail or email except where online upgrades are available (in which case your final seat location will be immediately confirmed). Depending on production requirements, seating may occasionally become available in the orchestra pit without notice; although we attempt to contact Subscribers sitting in the first few rows for upgrades (subject to time constraints), we may not always be able to do so, and failure to do so shall not entitle any Subscriber to a refund. Additional charges incurred by the change request will be charged to your credit card upon processing of the request (for example, higher Ticket prices for more favorable seating sections or changing from a weekday to a weekend performance). Please note that we may not be able to call you to discuss seat change options. If your specific upgrade request can be substantially satisfied, your current seating locations will be released and used for other Subscriber upgrade requests or for sale to others. In the event you are not happy with your upgrade location, we will attempt to find other options, but your original locations are not guaranteed as they may have been assigned to another Subscriber.
Changing Account Holder Name
- If requesting to split seats with another Account Holder or to change Account Holder’s name, your request must be submitted in writing. In fairness to other renewing Season 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).
Additional Terms & Conditions
- In planning a Season, 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.
- Season Subscription Tickets are subject to these Standard Season Subscription Terms and Conditions and to other terms and conditions contained in materials otherwise sent to you. We do 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 these Standard Season Subscription Terms and Conditions and account holders who violate this rule may be subject to revocation of their Season Subscription and Tickets. Theater, BAC, Presenter, and show Producers are not responsible for counterfeit tickets that Subscribers or others may purchase from unauthorized third parties reselling Tickets (e.g., if a lost ticket voucher is issued to a Season Subscriber to replace a lost Ticket, the Ticket may be voided and will not be honored).
- BAC, the show Producer, the show Presenter and the Theater, at their sole discretion, shall be entitled to implement a Ticket purchase limit per person or Season package, 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). In the event that a Subscriber purchases more than the specified limit, then BAC, the Producer, the Presenter and/or the Theater, 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 Season package is 8 tickets per subscriber household. Season subscriber additional tickets may not be available for purchase for certain shows.
- Children under the age of six are encouraged to attend only family friendly theater events. Everyone entering the Theater 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.
- Accessible Seating Tickets: BAC 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 Invoice or elsewhere and we will be happy to assist. Accessible seating areas are solely for people with disabilities and their companions.
- These Standard Season Subscription Terms and Conditions provide that all disputes, claims or controversies arising from or related to your Season Subscription or Tickets, or between you and BAC, the Presenter, the Producer or the Theater 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 Season Subscription agreement (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 Season Subscription or Ticket(s).
- In the event of any inconsistency between these Standard Season Subscription Terms and Conditions and any terms and conditions on your Subscription Invoice(s), local Brochure, BAC e-mail notification, or any local BAC, Presenter or Theater website for the applicable BAC market, then the Subscription Invoice, local Brochure, BAC e-mail notification or website provisions shall govern. No course of dealing, failure or delay by BAC, the Producer, the Presenter or the Theater in exercising any right or remedy or enforcing any provision under these Standard Season Subscription 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.
- These Standard Season 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 Standard Season Subscription Terms and Conditions, and the validity, legality and enforceability of the other provisions of these Standard Season 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.