AS OF MAY 2022
- Overview. Broadway Across America (“BAA”) 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 (“BAA 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) (“Ticket holders”) to live theatrical performances (each a “Performance”, together, “Performances”) of a Show at the venue in which the Performance is presented (the “Theater”) on specified dates and times. Revocation of Subscriptions and Tickets are made at the sole discretion of BAA (subject to applicable law), with or without cause and with or without notice, including without limitation, for improper or abusive conduct by any Ticket holders at the Theater or with BAA, the Producer, the Presenter, or the Theater staff, or otherwise.Upon a revocation, BAA shall refund that portion of the Subscription price as related to unused Tickets returned to the Box Office or revoked by BAA 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 BAA in its sole discretion.
- Terms. Your Subscription and Tickets are subject to these Broadway Across America 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.broadwayacrossamerica.com (and any third-party websites of the Theater 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 BAA account and in materials and communications sent to You via any format(such materials and communications together, with Local Website, Brochure, Invoice and online BAA 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 BAA’s sole discretion. Any such modification will be effective immediately upon public posting.
a. Renewals. While BAA anticipates that Subscribers will have the opportunity to renew their Subscription for an upcoming Season, BAA, 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. If You participate in a program that automatically renews your Subscription for the next season, You have the opportunity to opt out of or cancel each renewal by a deadline posted in the Local Terms.
b. 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 BAA Account (not per seat) per Season. After the applicable Renewal Deadline, only the standard benefits for the Subscription will be offered.
c. 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 BAA accounts with valid email addresses on file and are made through your online BAA Account or by phone. Upgrades are subject to Price Adjustment (see below). Upgrades are considered only for BAA 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”).
d. Changing Subscriber’s Name on BAA Account. If requesting to split seats with another Subscriber or to change Subscriber’s name on the BAA 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. BAA may impose certain rules, restrictions, and conditions on account transfer requests (including documentation of any applicable conditions).
e. Canceled Performance. Should BAA, the Show’s producer (“Producer”), the Show’s presenter (“Presenter”), and/or the Theater cancel, without replacing, any Performance included in the Season SubscriptionPackage, 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.
f. Performance Changes. In planning a Season, care is taken to avoid scheduling conflicts or changes of any kind. However, prices, Performances, schedules, Theaters, and artists are subject to change without notice.In the event that BAA, the Producer, the Presenter, and/or the Theater 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 BAA, 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 Theater renovations, the relocation of a Performance to a different Theater, 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 BAA, 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 two 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. Theater Rules.
a. Prohibition. Subject to applicable law and rules of the Theater, 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 Theater. Please check Theater rules for other restrictions, such as size limits for personal bags. Please contact the Theater 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 Theater, at the sole discretion of BAA, the Producer, the Presenter or the Theater; 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 Theater’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, BAA 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 BAA, the Producer, the Presenter, and the Theater 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 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.
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 Ticket holder agrees that The John Gore Organization, Inc., John Gore Theatrical Group, Inc., the Theater, 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 Ticket holder 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. Ticket holders 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., John Gore Theatrical Group, Inc., the Theater, 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. BAA 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 Theater, and their Ticket will not be refunded. Guests with accessibility questions, or who require additional assistance related to theTheater’sCOVID-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, Price Adjustments, Payments, Refunds, Credits, and Gift Certificates.
(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. 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 BAA 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 pricedPerformance)will result in either (i) a refund to the credit card used in the original Subscription payment or associated with your BAA Account, (ii) a credit to your BAA Account, or (iii) a gift certificate that will be mailed to you at the address on file with your BAA Account, at BAA’s sole discretion and in each case equal to the difference in price and applicable taxes and fees.c.Chargebacks.You will not contact BAA or the Theater to seek a refund, credit or exchange that is prohibited hereunder, by Local Terms or by other published rules or policies of BAA, the Producer, the Presenter, or the Theater. You will not dispute or otherwise seek a “chargeback”from the company whose credit card you used to purchase Subscriptions or Tickets.
c. Chargebacks. You will not contact BAA or the Theater to seek a refund, credit or exchange that is prohibited hereunder, by Local Terms or by other published rules or policies of BAA, the Producer, the Presenter, or the Theater.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/orTickets may be canceled, and BAA may, in its sole discretion, refuse to honor pending and futureSubscription orTicket purchases made from all credit card accounts or BAA Accounts on which such chargebacks have been made, and may prohibit future Ticket purchases by any person who accesses or uses any associated BAA 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.
d. Refunds, Credits, and Gift Certificates. No refunds, credits, or gift certificates will be issued for missed Performances. BAA 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 BAA’s sole discretion, and are only redeemable (in whole or in part) toward the purchase of Tickets (including Season SubscriptionTickets, AdditionalTickets, 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 BAA 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 BAA Account. To obtain your credit balance, please log in to your online BAA 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 BAA. BAA is not responsible for the ticketing practices put in place by secondary ticket providers.
7. Accessible Seating Tickets and Special Accommodations. BAA 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. BAA, the Producer, the Presenter, and the Theater, 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 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. 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 Theater 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, BAA will make reasonable efforts, upon request prior to the Performance date, cancel such Tickets and take any steps, at BAA’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 BAAAccount. BAA may also send You a replacement Ticket via your BAA 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. BAA does not support the reselling of tickets in excess of the face value through any means other than through authorized reselling programs of BAA. 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. BAA, Producer, Presenter, or the Theater 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 Theater’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
. BAA, the Presenter or the Theater 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. BAA 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 SpecialServices@BroadwayAcrossAmerica.com
. For complete terms governing how BAA handles your personal information, visit https://www.broadwayacrossamerica.com/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 BAA. The terms of the Mobile Alerts program, including opt-out procedures are posted at https://shows.broadwayacrossamerica.com/SMS-101
12. Arbitration. These SubscriptionTerms and Conditions provide that all disputes, claims or controversies arising from or related to your Subscription or Tickets, or between You and BAA, 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 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 SubscriptionTerms 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.
13. Applicable Law. These SubscriptionTerms 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 SubscriptionTerms 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 BAA, the Producer, the Presenter, or the Theater 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.