General Terms
1. 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.
2. Tickets and Subscriptions are personal licenses revocable at the sole discretion of Orlando Ballet (“OB”) (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 OB in its sole discretion. Upon such revocation, OB 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 OB in its sole discretion.
3. OB only recognizes the named licensee of Tickets as the authorized party for account modifications and subscriber benefits. This includes, but is not limited to exchanges, Ticket reprinting requests, changes of address and the purchase of additional Tickets.
4. Should OB, a contracting producer or performance venue (“Theater”) cancel, without replacing, any scheduled event that OB 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 OB’s sole discretion as provided above.
5. In the case of lost or stolen Tickets, OB or its authorized agents will at its discretion issue reprinted tickets, electronic tickets or a location pass. OB reserves the right to retain tickets or reprinted tickets at the Box Office pending the satisfactory identification of a subscriber.
6. Renewal privilege is extended at the option of OB and is subject to revocation at any time. Although OB anticipates that Subscribers will have the opportunity to renew their Subscriptions in the subsequent season, OB, 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 Subscription invoice (“Invoice”), seats will be released for purchase by third parties.
7. 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 are permitted inside the theater when consented to by the Theater. 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 Season Subscription and Tickets. Ticket holders arriving after a show performance begins are subject to the Producer’s and Theater’s late seating rules, and seating may be delayed and is at the discretion of management. No refunds for late arrivals.
8. Some shows may contain content intended for mature audiences. While OB may issue a disclaimer, Subscribers are responsible for determining whether show content is appropriate for them and their guests. Subject to availability, OB may accommodate exchange requests when such content concerns arise so long as you contact us reasonably in advance of the performance.
9. Allocation of seats for all Subscription types are made from, and are subject to, available seat locations as determined by OB, 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.
10. 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 Orlando Ballet Inc., Producing Partners, the Theater, contracting 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.
11. All payments are due by the date indicated on the applicable Invoice. Failure to make payment by the due date may result in OB retracting its Subscription offer and loss of any future Subscriber benefits. Returned or dishonored checks may be subject to a handling fee.
12. 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 OB or the Theater to seek a refund or exchange when that is prohibited hereunder or by the rules or policies of the Theater, show 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 OB 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.
13. OB 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. As a Subscriber, you agree to the use of your phone number or e-mail when needed to update you regarding your Subscription or a performance (by either a real person or automated feature).
Fee Disclosures
14. The total cost of your Subscription on the renewal Invoice or Brochure pricing grid reflects the sum of the face value of your Tickets (including any facility fees), plus any service charges, handling fees and, if applicable, taxes. The actual Tickets you receive reflect the face value of the Ticket and any facility fees. Handling fees, service charges, any applicable taxes, or per Subscription seat fees 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.
15. Handling fees, convenience fees and service charges are non-refundable.
Cancellation of Subscriptions
16. Subscription invoices not paid in full or entered into a payment agreement by the payment deadline shall be considered cancelled and all subscriber benefits shall expire at the conclusion of the preceding season.
17. In cases of extreme circumstance, subscribers may request a cancellation of their subscription, prior to the first performance date. OB shall provide a refund of the face value of the Tickets plus mandatory facility fees. No refund will be given on handling fees, convenience fees, or service charges. Following the first production, OB will not honor cancellation requests for refunds.
Subscription Upgrade Requests and Seating Changes
18. If you are interested in changing your current Subscription seat location(s), every effort will be made to accommodate your request, subject to availability. Upgrades and change requests must be submitted in writing and are only considered for accounts paid in full prior the renewal deadline. If the request is granted and results in a balance due, your credit card will be charged upon the processing of the upgrade.
Per Performance Seating Exchanges
19. If you cannot attend a performance, as a Subscriber you may exchange Tickets for another performance of the same production up to one business day in advance of your current performance or the alternative performance you are interested in attending, whichever occurs first, subject to availability and certain restrictions or conditions. Exchanges for performances occurring on a weekend must be made before the close of weekly business. No exchanges will be conducted at the Box Office window. 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). No refunds will be issued in the case of exchanges to a lower priced location or performance than your usual Subscription seats.
20. Under extenuating circumstances and once per season, OB may at its discretion, permit a one-time exchange between individual productions within a season, subject to availability and certain restrictions or conditions. Exchanges for performances occurring on a weekend must be made before the close of weekly business. No exchanges will be conducted at the Box Office window. 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). No refunds will be issued in the case of exchanges to a lower priced location or performance than your usual Subscription seats. Exchanges over the phone or internet may incur a convenience fee.
21. In the event that no satisfactory option exists for exchanging your tickets, you may return them to OB in exchange for a tax-deductible contribution letter in the face-value of the tickets, not including mandatory facility fees. No refunds.
Additional Tickets
22. Subject to availability and at a time designated by OB following the renewal period, Subscriber may purchase additional Single Tickets to individual performances of their choosing. OB may at its discretion offer a discounted rate for such purchases made in advance of a performance. No subscriber discounts will be offered at the Box Office window on the day of a performance.
23. Subscriber may purchase no more than eight (8) additional Tickets to a production.
Optional & Special Performances
24. Subject to availability and at a time designated by OB, Subscriber may purchase Tickets for optional & special performances not bundled within a season package. OB may at its sole discretion, offer discounted rates for subscribers, subject to production-specific limitations. No subscriber discounts will be offered at the Box Office window on the day of a performance.
25. Subscriber may purchase no more than eight (8) tickets to an optional or special performance.
Changing Account Holder Name
26. 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. OB may impose certain rules, restrictions, and conditions on Account transfer requests (including documentation of any applicable conditions).
Additional Terms & Conditions
27. 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 final. No refunds, except as expressly stated herein.
28. 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.
29. We do not support the reselling of tickets in excess of the face value through any means. 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, OB 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).
30. OB, the show Producer and the Theater, at their sole discretion, shall be entitled to implement a ticket purchase limit per person or Season package, per credit card 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 BAA, the Producer 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.
31. Children under the age of six are encouraged to attend only special children’s 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, without a refund.
32. Accessible Seating Tickets: OB strives to make it easy to purchase accessible seating tickets for all productions. To purchase, visit us online, or contact our ticket hotline. Accessible seating areas are solely for people with disabilities and their companions.
33. These Terms and Conditions provide that all disputes, claims or controversies arising from or related to your Season Subscription or Tickets, or between you and OB, 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 Florida, County of Orange, 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).
34. In the event of any inconsistency between these Standard Season Subscription Terms and Conditions and any terms and conditions on your Subscription Invoice(s), Brochure or Theater website, then the Subscription Invoice, local Brochure or website provisions shall govern. No course of dealing, failure or delay by OB, the Producer 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.
35. 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
