1. Applicability. Unless otherwise indicated, these season ticket terms and conditions, as well as any supplemental terms and conditions that the Midtown Moxies Burlesque may provide from time to time in the future, apply to the person or company in whose name the season ticket account is held (the “Pass Holder” or “you”) and all persons who use the Pass Holder’s tickets as the Pass Holder’s guests or otherwise.
2. Ticket Transfer. If you cannot attend a performance you have the option to transfer tickets for individual shows with advance notice. You must notify the Midtown Moxies Burlesque of the transfer, and the name of the guest to whom the pass is being transferred to, via email to [email protected] by 12pm on the day of the performance. We will make every attempt to accommodate late requests, but can not guarantee late requests will be honored.
3. Revocable privileges. All tickets (including all season tickets and any additional single performance tickets) are personal privileges that, except as otherwise provided by law, are revocable at will in the sole discretion of the Midtown Moxies Burlesque. Tickets may be revoked with or without cause, for reasons that include but are not limited to improper conduct by you, your guests, or other holders of the tickets, and non-usage of the tickets. Should The Midtown Moxies Burlesque revoke any tickets, The Midtown Moxies Burlesque will refund you the amount paid for revoked tickets for future performances.
4. Cancellations. Should The Midtown Moxies Burlesque cancel, without replacing, a show included in your season ticket package, The Midtown Moxies Burlesque may provide you a refund of the face value price of the tickets for the cancelled show. However, your season ticket package will not otherwise be affected. Season ticket packages, including tickets for any individual show or performance, are not otherwise refundable except in The Midtown Moxies Burlesque’ sole discretion.
5. Renewals. Although The Midtown Moxies Burlesque anticipates that Pass Holders will have the privilege to renew their season ticket subscriptions for the next season, such renewal privileges are extended at the option and in the sole discretion of The Midtown Moxies Burlesque and may be revoked or cancelled at any time for any reason. As well, The Midtown Moxies Burlesque in its sole discretion and for any reason may change the seat location(s) previously assigned to any such subscription. All tickets not purchased by the renewal deadline date indicated on your season ticket renewal invoice or online promptly will be released by The Midtown Moxies Burlesque for sale.
6. Behavior. In addition to any restrictions imposed by applicable law and the rules of the venue in which a show is presented, disorderly conduct, and smoking (including use of e-cigarettes) inside the venue is prohibited. Also, outside food and beverages, weapons, illegal drugs, and other contraband are not permitted inside the venue. All ticket holders consent to a reasonable search for such items. Violators of these provisions may be required to leave the theater without any ticket refund, and may be subject to revocation of any remaining tickets in their season ticket package. The seating of ticket holders arriving after a performance begins is subject to The Midtown Moxies Burlesque’ and the Producer’s late seating rules, and such seating may be delayed and is at the discretion of venue management.
7. Content and special effects. Some shows may contain profanity and/or explicit content intended for mature audiences, and/or may utilize special effects such as smoke, haze, and strobes. It is the responsibility of you, your guests, and other holders of performance tickets to make their own investigation and determination of whether the show is appropriate for you and them, including whether any of you or them will be offended or negatively affected by the show’s content or special effects.
8. Force majeur. The Midtown Moxies Burlesque are committed to presenting quality productions. However, given the nature of live theater, The Midtown Moxies Burlesque and the Producer shall not be responsible for any sound quality issues, special effects malfunctions, other technical difficulties, fire alarms, other loud sounds outside the theater, or any other force majeur event outside The Midtown Moxies Burlesque’ and the Producer’s reasonable control.
9. Seat location. Allocations of seat locations for season ticket packages are made from, and subject to, available seat locations as determined by The Midtown Moxies Burlesque in its sole discretion. Your seats may be relocated for a particular performance if necessitated by production design requirements, due to limited or obstructed views, or for other reasons. In such cases, you will be contacted to be relocated to the best available seating. No refunds will be provided if your seats need to be relocated.
10. Risks. You, your guests, and other holders of performance tickets assume all risks and dangers of personal injury or property damage arising from or related to the performance. Each and all of you expressly release The Midtown Moxies Burlesque, and the Producer, as well as their affiliates, subsidiaries, sponsors, successors, assigns, officers, employees, contractors, and agents from any and all liability or claims for any such personal injury or property damage.
11. Personal information. You agree that The Midtown Moxies Burlesque may use your email address, street address and/or telephone number(s) to contact you concerning your season ticket package and otherwise to provide you information and special offers The Midtown Moxies Burlesque believes you will find valuable. The Midtown Moxies Burlesque and its associated business affiliates will not use, sell, or rent your email address, street address and/or telephone number(s) to any third party. You agree to the use of your telephone number(s) by either a real person or an automated dialer to update you regarding your season ticket package or a particular performance, or when contacting you about ticket packages or other offers. Consenting to receive communications such as autodialed communications and text messages on your telephone number(s) is not a condition of your becoming a season ticket holder. If you wish to opt out of receiving autodialed calls and/or text messages, please send an online written request to [email protected]
12. Seat changes. If you are interested in upgrading or otherwise changing your current season ticket seat location(s), The Midtown Moxies Burlesque will make every effort to accommodate your request. Additional charges incurred by your upgrade or change request—for example, higher ticket prices due to improved seat locations—will be charged to your credit card upon processing of your request. Upgrades and other changes may not be available in your precise desired location. If you elect to make seat location changes, your current seat location(s) will be released and made available for other season ticket holder upgrade or change requests. In the event you are not satisfied with your upgrade or change location, we will attempt to find you other options. However, your earlier seat locations are not guaranteed since they already may have been assigned to another season ticket holder.
13. Season Pass transfers. Requests to change the Pass Holder’s name must be submitted in writing by emailing [email protected] In fairness to other renewing season ticket holders, The Midtown Moxies Burlesque may not be able to honor all such requests. The Midtown Moxies Burlesque may impose rules, restrictions, and conditions on any approved seat or account transfers.
14. Conflicts. In planning each season’s performances, care is taken to avoid scheduling conflicts and changes of any kind. However, prices, shows, dates, schedules, venues, and artists are subject to change without notice. All sales are final, and no refunds will be made for these types of changes except as expressly stated herein.
15. Reselling. The Midtown Moxies Burlesque does not permit the reselling of tickets in excess of their face value price through any means other than through authorized reselling programs of The Midtown Moxies Burlesque. Violations of this provision by you, your guests, or other holders of your tickets may result in revocation of your remaining season tickets and season ticket renewal privileges.
16. Severability. If any provision (or portion thereof) contained in these terms and conditions is found to be invalid, illegal, or unenforceable under applicable law (and that law is not preempted by federal law), that provision (in whole or in part) shall, to the extent necessary, be severable from these terms and conditions, and the validity, legality and enforceability of the remainder of these terms and conditions shall not be affected or impaired thereby.