ATG Entertainment Purchase Policy – North America
Updated November 19, 2024
These are the ATG Tickets US LLC (“Our”, “Ours”, “We”, “ATG”) terms and conditions of sale and al (the “Terms and Conditions” or “Terms”), which applies to all transactions on our Sites and the sale and use of Tickets issued by ATG Tickets.
Please read this Agreement carefully, as it is a contract that affects your legal rights. Any Ticket issued via our Site is a revocable license. By using a Ticket to access the event the holder of the Ticket agrees to the Terms on behalf of themselves and any accompanying minor. The ticket is valid only for the Event detailed within the Ticket.
Please also review our Terms of Use, which govern your use of our site. If you have any questions, please contact us.
CONTENTS:
DEFINITIONS AND INTERPRETATION
CONTRACT AND INCORPORATION OF TERMS
CANCELED/RESCHEDULED/POSTPONED EVENTS
CONDITIONS OF ADMISSION AND ATTENDANCE
GOVERNING LAW AND JURISDICTION
DEFINITIONS AND INTERPRETATION
‘ATG’ and ‘We’, ‘Our’, ‘Ours’ and ‘Us’ refers to ATG Tickets US, LLC, whose office is at 630 Ninth Avenue, Suite 800, New York, NY 10036.
Business Day’ means Monday to Friday, excluding any United States federal or state government holidays.
‘Event’ means an entertainment event including, without limitation, a concert, exhibition, sport, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.
‘Event Partner’ means any party involved in the provision of the Event, such as a Promoter, Venue owner/operator, performer or producer.
‘Promoter’ means the person firm or company staging the Event if different from Us.
‘Site’ means any of the following web sites: https://www.thehudsonbroadway.com/; https://www.lyricbroadway.com/; https://www.emersoncolonialtheatre.com/; https://www.saengernola.com/; https://www.mahaliajacksontheater.com/; https://www.broadwayindetroit.com/; https://smartfinancialcentre.net/; https://www.majesticempire.com/; https://www.theespee.com/; https://broadwaysf.com/
‘Tickets’ means printed, electronic or other type of evidence (including a wristband) of the right to occupy space at or to attend an Event sold by Us to You on behalf of the Event Partner(s).
‘Ticket Related Voucher(s)’ means any voucher which can be redeemed against products or services at or near the Venue including, without limitation, food and drink vouchers, restaurant vouchers, Ambassador Lounge packages, upgrade packages and car park vouchers.
‘Venue’ means any facilities or locations of any nature where the Event is being held.
‘Gift Card means a gift card You purchased from Us.
‘You’ means you or anybody who in Our reasonable opinion is acting with your authority or permission. ‘Your’ shall be read accordingly.
CONTRACT AND INCORPORATION OF TERMS
1.1 Please read these Terms before making a purchase on the Site. When you purchase any goods or services on the Site, you agree to the Terms and each of the purchase policies to which such goods or services are subject including the Privacy Policy and Terms of Use, which are incorporated herein by reference. If you do not agree to the Terms please do not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms are expressly rejected by Us and shall be of no force or effect. You represent that you have read and agree to be bound by the Terms.
1.2 Your contract for the purchase of Ticket(s) is formed as soon as We have processed Your payment and will expire immediately after the performance of the Event for which You purchased Ticket(s). However, any purchases are subject to payment card verification and other security checks and Your transaction may be cancelled if it has not passed Our verification processes.
1.3 Your purchase of Ticket(s) is subject to these Terms, which incorporate and should be read in conjunction with the Event Partner(s)’ terms, conditions and regulations, copies of which are available on the Event or Venue website or at Venue Box Office. In the event of any inconsistency between the terms in relation to Venue or Promoter requirements, those of the Promoter shall prevail. If there are no Promoter requirements, those of the Venue shall prevail.
All Tickets are sold subject to availability and to these Terms. These Terms should be read carefully prior to purchase and any queries relating to them should be raised with Us prior to purchase, as purchase of Ticket(s) constitutes agreement of these Terms. A valid Ticket must be produced to get into an Event. Please notify Us of any access requirements at the time of booking. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
2.1 Your order is confirmed when we send you a confirmation, in the form of a confirmation page or email (“Order Confirmation”). If you do not receive an Order Confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your account whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
2.2 Except as expressly set forth in these Terms, all Sales are final. It is Your responsibility to check Your Ticket(s) as mistakes cannot always be rectified after purchase. Please check your Ticket(s) on receipt carefully and contact us immediately if there is a mistake.
2.3 We will not be responsible for any Ticket that is lost, stolen or destroyed. ATG only accepts responsibility for Tickets bought from one of its own managed sales points. Any queries regarding Tickets purchased from third party ticket agents must be directed back to the relevant agent.
2.4 It is not always possible to issue duplicate ticket(s). For example, for non-seated events where there is a possibility of both the original and duplicate ticket(s) being used, issuing duplicate tickets may compromise the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of the Promoter or the Venue acting reasonably. ANY DUPLICATE TICKET ISSUED BY ATG WILL RENDER THE ORIGINAL TICKET NULL AND VOID.
2.5 We and the Event Partner(s) reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided they are of no less value to that stated on the Ticket.
2.6 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
2.7 Possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket. Any Ticket believed to be altered, duplicated, falsified, or resold in a fraudulent way may be subject to cancellation. We reserve the right to Refund or Prevent any future bookings from Purchasers who abuse these rights.
2.8 Tickets cannot be used for advertising, promotions, contests, or sweepstakes, unless formal written permission is given by the Event Partner(s), provided that even if such consent is obtained, use of Our trademarks and other intellectual property is subject to Our prior written consent.
2.9 You agree not to obtain or attempt to obtain any Ticket(s) through unauthorized use of any robot, spider or other automated device or ticket purchasing software or any other illegal or unauthorized activity. We reserve the right to cancel any Ticket transaction which We reasonably suspect to have been made in breach of these provisions without any notice to You, and any and all Ticket(s) purchased as part of such transaction will be void.
3.1 The price of the Ticket shall be the price set at the time We accept Your order. Tickets purchased on our Site are typically subject to, among other possible fees, a per ticket service fee and a per order processing fee. In some instances, you may be able to purchase tickets directly from the venue box office without paying certain fees. We collect tax as required by state and local laws. We may display the tax separately or include it in the total service fee amount. In many cases, you may need to pay a shipping or delivery fee. Any shipping or delivery charges are calculated based on delivery location and shipping method. Please note that the delivery fee, as well as the order processing fee, may not reflect the actual cost to deliver or process your order, and in some cases, these fees may include a profit to ATG.
3.2 No order will be accepted until We have received full payment in cleared funds. We reserve the right to cancel any booking which We reasonably suspect to have been made fraudulently.
3.3 All concessions and discounts are subject to availability; they may be restricted to certain price levels and performances and can be withdrawn by ATG without notice.
3.4 Only one concession or discount is available per ticket.
3.5 If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on the Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this Site or other ATG operated system.
4.1 Tickets purchased on the Site will be delivered as electronic tickets through email only. Ticket purchasers will need to display the bar code or QR code on their electronic ticket at the venue by either displaying the ticket on their mobile device or presenting a clear and legible printout of the electronic ticket. Tickets may be issued with a delivery delay. Delayed ticket delivery is used to prevent tickets from being accessed and printed until it can be confirmed that purchasers adhered to stated limits and did not employ unfair practices to make their purchase. Ticket delivery details are provided within your purchase confirmation email or may be obtained by contacting Our Customer Care team. Your e-ticket must be capable of presentation on a mobile or tablet device at the venue on the day of the event or printed and presented on a plain, clean, white paper. Unauthorized duplication of your e-ticket may prevent your admittance to the event. We are not responsible for any inconvenience caused by unauthorized duplication.
5.1 The Event Partner(s) reserves the right to make alterations to the published Event program where reasonably necessary. Where such alteration is a material change (as described in clause 7), You may request a refund in accordance with clause 7.
CANCELED/RESCHEDULED/POSTPONED EVENTS
6.1 It is Your responsibility to ascertain whether an Event has been cancelled, postponed or rescheduled and Where an Event is cancelled, postponed or rescheduled, We will use Our reasonable endeavors to notify You using the details You provided Us with at the time of ordering. It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provide Us with at the time of ordering.
6.2 If the Event for which You bought a ticket(s) was cancelled, as indicated on Our notice to you (the “Notification”), You will be entitled to a refund of the paid value subject to the exclusions as set forth herein, we will endeavor to issue you a refund of the paid value within 30 days following the date of cancelation, subject to the exclusions as set forth herein to the credit card, debit card, gift card or other method of payment used to make your original purchase. Refunds may be delayed depending on the volume of refund requests.
Any parking purchased with your ticket(s) will be fully refunded to the credit card, debit card, gift card or other method of payment used to make your original ticket(s) purchase, regardless of whether you choose a refund. All merchandise purchases are not subject to any of the options stated above: your transaction will be processed, and the merchandise will be delivered to you.
Please note that recipients of any transferred tickets are not eligible for any available refunds, because the transfer recipient did not purchase tickets directly from our Site. If you purchased a resale ticket from some other source (i.e., not through our Site), and that ticket was then transferred to you, you will need to reach out to your original point of purchase for any refund options, if available.
6.3 If your Notification indicates that your event has been rescheduled or postponed, you will keep your ticket and remain entitled to use it on the date of your rescheduled event.
ATG Tickets may, but shall be under no obligation to, offer a refund for rescheduled or postponed events on the terms set out below.
If a refund is offered and you elect to accept a refund, we will endeavor to issue you a refund of the paid value within 30 days following your election, subject to the exclusions as set forth herein to the credit card, debit card, gift card or other method of payment used to make your original purchase. Refunds may be delayed depending on the volume of refund requests. Any parking purchased along with your ticket(s) will be fully refunded to the credit card, debit card, gift card or other payment method used to make your original ticket(s) purchase, regardless of whether you choose a refund. All merchandise purchases are not subject to any of the options stated above: your transaction will be processed, and the merchandise will be delivered to you.
If a refund is offered, you may elect to accept any refund set out in the Notification during the period (the “Election Period”) set out in your Notification. If you do not make any election prior to the end of the Election Period, you will keep your ticket and remain entitled to use it on the date of your rescheduled event. If the Event Partner subsequently determines that your rescheduled or postponed event must be cancelled, you will receive a further Notification indicating your options (consistent with clause 6.1above).
6.4. You agree not to attempt to evade, avoid, or circumvent any refund prohibitions related to tickets you purchased. Specifically, you will not contact us to request a refund or exchange when we are prohibited from doing so by our Event Partners. Additionally, you will not dispute or seek a chargeback from the credit card company used to purchase tickets. Failure to comply with these Terms may result in ticket cancellation and potential restrictions on future purchases, including the refusal to honor pending and future ticket purchases made from all associated credit card accounts, online accounts, or email addresses. We will also prohibit individuals associated with such accounts from purchasing tickets in the future.
Should you do so, your ticket(s) are subject to immediate cancellation, and we may, in our 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. Promotional codes may not be combined with other promotions.
If we issue you a refund, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all taxes and service fees. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled, rescheduled or postponed event.
In order to qualify for a refund, you must have purchased your tickets through the Site, and your tickets must not have been transferred, posted for sale or sold, or be currently pending a transfer. For transferred tickets, refunds are only available to the person who originally bought them. If you are the original purchaser, you will need to have the transferee transfer the tickets back to you before requesting a refund.
7.1 Ticket(s) cannot be cancelled or refunded after purchase, except pursuant to Clause 6 (CANCELED/RESCHEDULED/POSTPONED EVENTS) or where there is a material change to the program of the Event. For certain events You may exchange your Ticket(s) for another that is of an equal or higher price. A per ticket exchange fee may apply. Where the Ticket(s) is exchanged for one that is of a higher value, You will be required to pay the difference.
7.2 You may request a refund for an Event if you believe that a ‘material’ change to the program of the Event if there has been a change to the overall program of the Event which makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. The determination of whether a “material” change has occurred will be at the discretion of ATG Tickets. The use of understudies in a theatre performance shall not be a material change. In addition, opening acts, guests, or undercards (each an “Opening Act”) may sometimes tour with headlining performers. We are not always made aware of Opening Acts or the length of their performances. Opening Acts, as well as festival performers, are subject to change or cancelation at any time without notice. No refund will be owed if an Opening Act or festival performer is changed or canceled.
7.3 Where an outdoor Event is cancelled or curtailed because of adverse weather, We shall not be liable to make any refund or pay any compensation beyond the refunds that may be payable under the Venue’s or Event Partner(s) rules.
7.4 Where such a refund is sought due to cancellation, rescheduling or a material change to the program of the Event, You must bring this to Our attention as soon as possible upon becoming aware of such material change, cancellation or where the Event has been rescheduled, prior to the rescheduled Event. The refund for Ticket(s) equals the price paid by You to Us for such Ticket, including the applicable per Ticket service fee but excluding the per transaction order fee or delivery fee. If You have opted to purchase Ticket Protection, please note that this is also non-refundable.
7.5 Refunds shall only be made to the person who purchased the Tickets and, when possible, be made using the same method as was used to purchase the Tickets except, at Our discretion, where payment was made by cash. Please note that recipients of any transferred tickets are not eligible for any available refunds, because the transfer recipient did not purchase tickets directly from our Site. If you purchased a resale ticket from some other source (i.e., not through our Site), and that ticket was then transferred to you, you will need to reach out to your original point of purchase for any refund and/or credit options, if available.
7.6 For any queries relating to Ticket Protection, please contact SecureMyBooking at https://securemybooking.com/help/
8.1 Personal arrangements including travel, accommodation or hospitality relating to the event which have been arranged by you are at your own risk. Unless otherwise stated in this clause, our and the event partner(s)’ liability to you in connection with the event (including, but not limited to, in the event of cancellation, rescheduling or material change to the program of the event) shall be limited to the ticket price paid by you including the service charge but excluding the per transaction order fee or delivery fee.
8.2 If You are unable to attend an Event, we can offer to exchange your ticket to another performance of the same show, within its current run at the same Venue, subject to availability and a per ticket exchange fee. Exchanges are not permitted for Events with only one performance. In order to obtain an exchange, you must contact us at least 48 hours before the Event. Ticket(s) can be exchanged for a seat of the same value or higher upon payment of the difference in value. If a discount has been applied to the Ticket(s) then this will only be honored within the original terms and conditions of the offer. If the Ticket(s) were purchased via a third-party or is for a booking with a third-party Promoter or Event Partner, Ticket(s) cannot be exchanged, cancelled or refunded after purchase unless the Event Partner’s own terms and conditions allow for exchange, cancellation or refunds.
9.1 Should You have any queries or complaints relating to Your Ticket purchase please contact Our Customer Service team at 313-887-1256. We will acknowledge all customer correspondence within 24 hours.
USE OF DETAILS AND DATA PROTECTION
10.1 See the ATG Privacy Policy.
11.1 You may not resell or transfer a Ticket if prohibited by law. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of the applicable law is grounds for seizure or cancellation of that Ticket. Any Ticket resold outside of applicable law guidelines will be subject to cancellation and may result in the Prevention of future Bookings.
11.2 ATG may offer Tickets as part of a targeted promotion at a discounted price to individuals or groups because of their status or membership in a community or group (e.g., student tickets). Promotional or discounted Tickets that cannot be resold will be marked as such and any resale or transfer (or attempted resale or transfer) of a Ticket in breach of this prohibition is grounds for seizure or cancellation of that Ticket.
12.1 Any Ticket obtained in breach of these Terms shall be void and all rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void Ticket(s) are non-refundable.
13.1 Ticket(s) may be restricted to a maximum number or sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restriction shall be displayed on Our website or otherwise notified to You before or at the time You book the Ticket(s). It is Your responsibility to ensure that You read all notifications displayed on Our website. We reserve the right to cancel Ticket(s) purchased in excess of the maximum number, without prior notice unless the purchase of Ticket(s) in excess was due to Our error, in which case We will notify You prior to cancelling Your Ticket(s).
CONDITIONS OF ADMISSION AND ATTENDANCE
14.1 The management of the Venue reserves the right to refuse Ticket holder’s admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
14.2 The management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Venue may remove a Ticket holder who:
1. has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or
2. uses threatening, abusive or insulting words or behavior or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
3. in the reasonable opinion of the Venue is under the influence of drugs or has consumed an excessive amount of alcohol; or
4. fails, when required, to produce proof of identity or age; or
5. obstructs gangways, access-ways, exits, entrances or staircases, congregates in non-designated areas or seeks entry to stands or seats for which he/she does not hold a Ticket.
14.3 You must comply with instructions and directions given by Venue staff and stewards.
14.4 No refunds will be given to Ticket holders who are refused entry or ejected due to their own behavior as suggested in, but not limited to, the examples above.
14.5 No Children under 5 will be admitted to the Venue except where specifically stated at the time of booking. Children (ages 18 months to 15 years inclusive) shall require their own ticket which shall be at full ticket price if no child concessions are available at the time of booking. Children must be supervised at all times and supervision of children shall be by not less than 1 adult of at least 21 years of age per 10 children. The management of the Venue reserves the right to ask parents / guardians / supervisors to remove children if, in the opinion of the management of the Venue, they are causing a disturbance.
15.1 The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorized recording equipment, recordings, tapes, films or similar items may be confiscated and destroyed or deleted. Any recording made of an Event in breach of these conditions shall belong to the Event Partner(s). The Event Partner(s) and Venue will not be liable for any loss, theft or damage to confiscated items.
15.2 By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Event Partner(s) may use such films and recordings (including any copies) without payment.
15.3 Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
15.4 Mobile telephones and messaging equipment must be switched off during the Event.
15.5 Alcohol may only be consumed in public bars and other authorized areas. Smoking is not permitted unless within a designated smoking area (if any).
15.6 The following are not permitted within any Venue:
1. animals (with the exception of service dogs);
2. laser pens, fireworks, flares, smoke bombs;
3. Your own food and drink (unless permitted by the Venue – for anyone with special dietary needs please reach out to the Venue before your visit);
4. bottles, cans or glass containers (unless permitted by the Venue);
5. any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);
6. firearms (except as preapproved by house management); and
7. illegal substances.
15.7 The management of the Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the management of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.
15.8 Every effort shall be made to admit latecomers to Events at a suitable break in the Event, which may be at the intermission, but late admission cannot be guaranteed.
15.9 Ticket holders may only leave and re-enter the Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind.
16.1 All Ticket Related Voucher(s) are sold subject to availability and to these Terms. These Terms should be read carefully prior to purchase and any queries relating to them should be raised with Us prior to purchase, as purchase of Ticket Related Voucher(s) constitutes agreement of these Terms. A valid Ticket Related Voucher(s) must be produced in order to receive the relevant products associated with it. Removing any part of, altering or defacing the Ticket Related Voucher(s) may invalidate Your Ticket Related Voucher.
16.2 It is Your responsibility to check Your Ticket Related Voucher(s) as mistakes cannot always be rectified after purchase. Please check your Ticket Related Voucher(s) on receipt carefully and contact us immediately if there is a mistake. Any individual retail products included in a Ticket Related Voucher(s) (including as part of the Ambassador Experience) are subject to availability, and to change, and ATG reserves the right to substitute any advertised products with items of equal or greater value.
16.3 We will not be responsible for any Ticket Related Voucher(s) that is lost, stolen or destroyed. ATG only accepts responsibility for Ticket Related Voucher(s) bought from one of its own managed sales points. Any queries regarding Ticket Related Voucher(s) purchased from third party ticket agents must be directed back to the relevant agent.
16.4 It is not always possible to issue duplicate Ticket Related Voucher(s).
16.5 Where a Ticket Related Voucher(s) is purchased to include alcohol then proof of age may be required upon exchange of the Ticket Related Voucher(s) at the venue. The venue reserves the right to refuse to serve customers believed to be underage.
16.6 Possession of a Ticket Related Voucher(s) does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket Related Voucher(s).
16.7 Ticket Related Voucher(s) cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by the Venue, provided that even if such consent is obtained, use of Our trademarks and other intellectual property is subject to Our prior written consent.
16.8 You agree not to obtain or attempt to obtain any Ticket Related Voucher(s) through unauthorized use of any robot, spider or other automated device or any other illegal or unauthorized activity. We reserve the right to cancel any Ticket Related Voucher(s) transaction which We reasonably suspect to have been made in breach of these provisions without any notice to You, and any and all Ticket Related Voucher(s) purchased as part of such transaction will be void.
17.1 Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations while attending the Event. If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.
18.1 Any complaints about a Ticket holder’s seating or ability to view a production should be made promptly to the management of the Venue either before or during the Performance.
18.2 If any dispute arises out of these Terms, We will make all efforts to engage with the concerned party to find an amicable resolution. We will acknowledge all customer correspondence within 24 hours from receipt of the correspondence and We shall use Our reasonable endeavors to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties within 5 working days.
18.3 If we are unable to settle any dispute by negotiation, any disputes, claims or controversies arising from or related to your Tickets, or between you and Us, the Event Partner, the Promoter or the Venue 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).
19.1 If we delay or fail to enforce any of these Terms, it shall not mean that We have waived our right to do so.
20.1 We shall be entitled to assign any of Our rights and obligations under these Terms provided that Your rights are not adversely affected.
EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
21.1 For the purposes of these Terms, ‘Force Majeure’ means any cause beyond Our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defense requirements, acts or regulations of national or local governments. We will not be liable to You for failure to perform any obligation under these Terms to the extent that the failure is caused by Force Majeure.
22.1 We intend to rely on the written terms set out here in this document as well as the written terms and conditions of the Venue and the Promoter. You should read these Terms carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. If they do not then you should contact Us in writing. After the contract has been made, these Terms cannot be varied or amended in any respect unless both You and We agree in writing.
22.2 Notwithstanding the foregoing, we reserve the right to modify these Terms at any time. With respect to a material modification of any of the Terms effected by us after you have purchased your tickets(s), we will not hold you to such modification unless we have provided you with an opportunity to seek a refund of such tickets.
23.1 These Terms, and the terms and conditions of the Venue and the Promoter and any specially agreed terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties.
GOVERNING LAW AND JURISDICTION
24.1 These Terms are governed by the law of the State of New York. 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 Terms , and the validity, legality and enforceability of the other provisions of these Terms 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.
By attending an Event at an ATG venue, all patrons are acknowledging their consent to, and agreed to abide by, the safety precautions that have been adopted by the particular venue, which may include wearing of face coverings. Safety protocols for each ATG venue are posted on the web site for such venue and specific patron requirements will be set forth in the “know before you go” email notifications. Failure to comply with any such precautions could result in guests being asked to leave the Venue. We further reserve the right to refuse entry to any person that refuses to comply with our safety protocols.
By purchasing a ticket for an Event, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present, and that you and those in your party voluntarily assume all risks related to exposure to COVID-19 and agree not to hold ATG Tickets, ATG Entertainment, the venue, ATG’s Event Partners or any of their affiliates, directors, officers, employees, agents, contractors or volunteers liable for any illness or injury. Anyone attending an Event acknowledges that they do so at their own risk.