1. Upon receipt of tickets (“Tickets”), risk of loss or theft of Tickets shall pass to the person or company in whose name the Theatre Direct NY, Inc. (Broadway.com”) ticket purchase is made (“Account Holder”). The theater 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.com, (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 Broadway.com in its sole discretion.
3. Should Broadway.com or the show’s producer (“Producer”) or presenter (“Presenter”) or performance venue (“Theater”) 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 (unless cancellation protection has been offered for a performance and purchased by Account Holder), except at Broadway.com’s sole discretion. IF TICKETS HAVE BEEN SHIPPED TOYOU, IT IS YOUR RESPONSIBILITY TO RETURN THEM TO BROADWAY.COM BEFORE ANY REFUND CAN BE ISSUED. Broadway.com is not responsible for the shipping cost you may incur to return tickets to us for a cancelled event. Other than for tickets left at the venue box office for your pick-up (if applicable), Broadway.com will issue a notice to ticket holders of the cancelled event that will include the time frame within which the tickets must be received in order for you to receive a refund (typically within two weeks of the date of notice). If you used a gift card to purchase the ticket, Broadway.com will reissue a new Broadway.com gift card for the original amount.
4. Subject to applicable law and rules of the Theater, smoking, talking on cell phones during the performance and 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. Ticket holder consents to a reasonable search for such items. Violators of this provision may be required to leave the Theater 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 Theater’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 Broadway.com 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. Broadway.com, the Theater and each show’s Producer and Presenter 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.
7. Allocation of seats is made from, and is subject to, available seat locations as determined by Broadway.com, 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 The John Gore Organization Inc., John Gore Theatrical Group, Inc., Theatre Direct NY, 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.
9. 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 Broadway.com 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 Broadway.com 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. Broadway.com, the Presenter or the Theater 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. Broadway.com 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 info@Broadway.com.
11. Broadway.com's pricing for tickets and services are outlined in detail on every transaction. The final total purchase price includes the face value of the tickets (inclusive of all taxes and, depending on the venue, a theater restoration fee or facility fee), and a service and handling fee (“Service Fee”). In addition, for an additional fee, clients may choose to add Cancellation Protection for certain performances (see below) and/or Federal Express or another delivery service.
12.The actual Tickets you receive reflect the face value of the Ticket and any facility fees. Any applicable mailing fees, service and handling 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.
13. Broadway.com is an authorized Ticket sales agent for John Gore Theatrical Group, Inc. d/b/a Broadway Across America.
14. We offer cancellation protection for certain performances at an additional cost above the cost of your ticket. Cancellation protection can be bought only at the time of your ticket purchase. With this protection, theater tickets may be cancelled up until 4:00PM EST two (2) business days (this excludes all Federal Holidays, Saturdays and Sundays) prior to the actual performance date. You must notify Broadway.com of your intent to cancel by phone at (800) BROADWAY or via email at ticketing@broadway.com no later than two (2) business days prior to the performance. If you have the tickets in your possession, they must be returned to Broadway.com via overnight courier, certified mail or in person to the following address: Broadway.com, Attention: Customer Service, 729 Seventh Avenue, 6th Floor, New York, NY 10019. Broadway.com must receive the tickets at least two (2) business days prior to the performance date printed on the tickets. You must include the order reference number, your daytime phone number and complete mailing address, along with the tickets. If you purchased cancellation protection and comply with the above conditions, you will be issued a refund for the amount of the face value of the tickets, but not for the cost of the cancellation protection, Service Fee, and any applicable handling/delivery fees. On orders without cancellation protection, there are no refunds or exchanges except as otherwise specified herein. CANCELLATION PROTECTION CANNOT BE PURCHASED FOR PREMIUM SEAT ORDERS, PURCHASE OF GIFT CARDS OR ORDERS PLACED WITHIN 48 HRS OF THE PERFORMANCE DATE & TIME.
15. Delivery of Tickets: PLEASE NOTE THAT SOME SHOWS HOLD TICKETS UNTIL A SPECIFIED DATE CLOSE TO THE ACTUAL PERFORMANCE DATE OR THE DATE WHEN ALL TICKETS GO ON SALE AT THE VENUE'S BOX OFFICE. THERE IS A THREE (3) BUSINESS DAY PROCESSING PERIOD BEGINNING WHEN WE RECEIVE THE EVENT TICKETS FROM THE BOX OFFICE BEFORE PACKAGES WILL LEAVE OUR OFFICE. If tickets are unable to be shipped due to time constraints, Broadway.com is entitled to instead require you to pick up the tickets at the venue's box office, in which case you will be contacted and any shipping fees you were charged will be refunded back to your original method of payment.
Standard Mail Delivery. Please allow ten (10) to fourteen (14) business days for your tickets to arrive after they have been shipped from our office. Your tickets will arrive in a plain white envelope with our return address, and no company logo.
FedEx and other Overnight Courier. All orders with FedEx delivery (or other overnight courier) will not be processed until after your tickets have been confirmed and paid for in full. PLEASE NOTE THERE IS A THREE (3) BUSINESS DAY PROCESSING PERIOD BEGINNING WHEN WE RECEIVE THE EVENT TICKETS BEFORE PACKAGES WILL LEAVE OUR OFFICE. We cannot deliver FedEx packages to a PO Box. All packages must be signed for upon delivery.
E-Tickets. Certain events may have an e-ticket option. If you choose this option, to be admitted to the performance you will be required to print your ticket and bring to the performance for entry. Please note that certain venues limit ticket delivery options to e-tickets or will call.
Will Call. Certain events may allow you to choose to pick up your tickets at the Box Office of the venue. 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 e-tickets or will call.
Office Pick Up. Certain events may allow you to choose to pick up your tickets at our Customer Service office. Our Customer Service office is located at 729 Seventh Avenue, 6th Floor, New York, NY 10019. Tickets must be picked up by 4:00pm EST on the day prior to the event for Monday through Friday performances. Tickets for all Saturday and Sunday performances must be picked up by 4:00pm EST on the Thursday prior to that weekend's performances. If they are not collected by 4:00pm EST, the tickets will be sent to their respective venue's Box Office for pick up (see "Will Call" paragraph above).
16. 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.
17. All Tickets are subject to these Broadway.com Premium eCLUB Ticket Terms and Conditions and to other terms and conditions contained in materials otherwise advertised, posted or provided to you via courier, USPS 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 Broadway.com, its affiliates, or the Theater. Doing so will constitute a breach of these Broadway.com Premium eCLUB Ticket Terms and Conditions and Account Holders who violate this rule may be subject to revocation of their Account Holder status and Tickets. Theater, Broadway.com, 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 or replacement ticket is issued to replace a lost Ticket, the Ticket may be voided and will not be honored).
18. Broadway.com, 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 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 BAA, 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.
19. Children under the age of six are encouraged to attend only special children’s 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.
20. Accessible Seating Tickets: We strive 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 our website and we will be happy to assist. Accessible seating areas are solely for people with disabilities and their companions.
21. These Broadway.com Premium eCLUB Ticket Terms and Conditions provide that all disputes, claims or controversies arising from or related to your Tickets, or between you and Broadway.com, 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 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).
22. In the event of any inconsistency between these Broadway.com Premium eCLUB Ticket Terms and Conditions and any terms and conditions on other Materials, or any local Broadway.com, Presenter or Theater website, then the other Materials or local website provisions shall govern. No course of dealing, failure or delay by Broadway.com, the Producer, the Presenter or the Theater in exercising any right or remedy or enforcing any provision under these Broadway.com Premium eCLUB 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.
23. These Broadway.com Premium eCLUB 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 Broadway.com Premium eCLUB Ticket Terms and Conditions, and the validity, legality and enforceability of the other provisions of these Broadway.com Premium eCLUB 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.