RELEASE & WAIVER OF LIABILITY AGREEMENT NEDERLANDER ORGANIZATION, INC.
THIS RELEASE & WAIVER OF LIABILITY RELEASE AGREEMENT (“AGREEMENT”), HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to enter and remain at Brooks Atkinson Theatre, Gershwin Theatre, Lunt-Fontanne Theatre, Marquis Theatre, Minskoff Theatre, Neil Simon Theatre, Nederlander Theatre, Palace Theatre, or Richard Rodgers Theatre ( individually or collectively “Venue”) owned or operated by Nederlander Organization, Inc. and its affiliates (“Nederlander”) and in addition to the corresponding ticket(s), each a revocable license that grants one-time entry into the Venue and a seat for the play or show purchased (“Event”) and my agreement to be bound to the ticket terms and conditions whether printed or displayed on ticket, venue webpage, or any other written communication which include the exchange and refund policy and the COVID-19 safety measures, I, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder’s or their behalf (collectively, “Related Persons”), hereby acknowledge and agree to the terms below. The person seeking entry pursuant to the entry ticket(s) issued on a per transaction basis, and any accompanying minors (“Holder”), agrees to be bound by the terms and conditions of this Agreement. THE TERMS AND CONDITIONS IN THIS AGREEMENT ARE IN ADDITION TO THE VENUE’S TICKET TERMS AND CONDITIONS.
ACKNOWLEDGEMENTS OF COVID-19 & OTHER RISKS. Holder fully understands that: (a) the novel coronavirus SARS- CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19” ) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people congregate; (b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the Venue (collectively, the “Venue Protocols”) by local, state and federal governmental agencies, Nederlander, and its licensees for the use of the Theatre and its and their current and future affiliates (individually or collectively, “Producer”) and/or third parties, can eliminate the risk of exposure to COVID-19;
(c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and (iii) contracting COVID-19 can result in the further transmission of COVID-19 to Holder’s spouse, family members, and other persons in proximity to Holder; and (d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
ASSUMPTION OF RISKS, HAZARDS AND DANGERS. HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTAIRLY AND IRREVOCABLY, ASSUMES ALL RISKS, HAZARDS AND DANGERS RELATED TO ENTRY INTO, AND PRESENCE IN, AT AND AROUND THE VENUE, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO COMMUNICABLE DISEASES (INCLUDING, WITHOUT LIMITATION, COVID-19), VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSE THEREOF, SICKNESS, PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES, WHETHER OCCURING BEFORE, DURING OR AFTER THE EVENT, HOWEVER CAUSED AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. HOLDER HEREBY ACCEPTS PERSONAL RESPONSIBILITY FOR ITS VOLUNTARY PARTICIPATION IN/AT THE EVENT. HOLDER HEREBY ASSUMES, ON BEHALF OF ITSELF AND RELATED PERSONS, ALL AND SOLE RESPONSIBILITY OF CLAIMS AND POTENTIAL CLAIMS RELATING TO THE RISK, HAZARDS AND DANGERS DESCRIBED IN THIS AGREEMENT.
RELEASE, WAIVER & COVENANT NOT TO SUE.
(a) HOLDER, ON BEHALF OF ITSELF AND RELATED PERSONS, HEREBY FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE), EACH OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS THAT A HOLDER OR ANY OF HOLDER’S RELATED PERSONS MAY HAVE (OR HEREINAFTER ACCRUE) AGAINST ANY OF THE RELEASED PARTIES, THAT RELATE TO ANY OF THE RISKS, HAZARDS AND DANGERS DESCRIBED ABOVE IN SECTION 2, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS THAT ARISE OUT OF OR RELATE IN ANY WAY TO (I) HOLDER’S EXPOSURE TO COVID-19; (II) HOLDER’S RELEATED PERSON’S OR RELATED PERSONS’ EXPOSURE TO COVID-19, (III) HOLDER’S TRAVEL TO AND FROM, ENTRY INTO, OR PRESENCE WITHIN, THE VENUE AND/OR COMPLIANCE WITH THE VENUE AND/OR PRODUCER’S POLICIES, PROCEDURES AND PROTOCOLS; (IV) ANY INTERACTION BETWEEN HOLDER AND ANY PERSONNEL OF ANY OF THE RELEASED PARTIES PRESENT AT THE VENUE (INCLUDING, WITHOUT LIMITATION, PRODUCER’S PERSONNEL, ACCESS MANAGEMENT PERSONNEL, USHERS, TICKET-TAKERS, SECURITY, HEALTH, SAFETY AND MEDICAL PERSONNEL, OR CLEANING, CONCESSION, OR PARKING PERSONNEL); OR (V) ANY OF THE RISKS IDENTIFIED ABOVE IN SECTION 1 (ACKNOWLEDGEMENTS OF COVID-19 AND OTHER RISKS) (COLLECTIVELY, THE “CLAIMS”), IN EACH CASE WHETHER CAUSED BY ANY ACTION, INACTION OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE. (b) FOR THE PURPOSES HEREOF, THE “RELEASED PARTIES” ARE: (I) NEDERLANDER, PRODUCER, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT PARENTS, AFFILIATES, ADMINISTRATORS, DESIGNEES, LICENSEES, AGENTS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS (AND ALL EMPLOYEES OF SUCH CONTRACTORS) AND OTHER PERSONNEL; (II) THE DIRECT AND INDIRECT OWNERS, LESSEES, SUBLESSEES, LICENSEES, AND SUBLICENSEES OF BOTH VENUE AND PRODUCER; (III) ALL THIRD PARTIES PERFORMING SERVICES AT THE VENUE OR FOR THE EVENT AT THE REQUEST OF PRODUCER OR OTHERWISE; AND (IV) ANY PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED COMPANIES AND OFFICERS, DIRECTORS, OWNERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, INSURERS, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS OF EACH OF THE FORGOING ENTITIES AND PERSONS, WHETHER PAST, PRESENT OR FUTURE, AND WHETHER IN THEIR INSTITUTIONAL OR PERSONAL CAPACITIES. (c) DUE TO RAPIDLY CHANGING GOVERNMENTAL COVID-19 REGULATIONS AND RESTRICTIONS, THIS VENUE’S OR PRODUCER’S COVID-19 POLICIES, PROCEDURES, PROTOCOLS, AND REQUIREMENTS ARE SUBJECT TO CHANGE, AT ANY TIME AND WITHOUT NOTICE, TO COMPLY WITH FEDERAL, STATE AND LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES, HOLDER ACKNOWLEDGES THAT IT IS THEIR RESPONSIBILITY TO REVIEW AND CHECK THE LATEST SAFETY INFORMATION REGARDING COVID-19 AVAILABLE AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC): https://www.cdc.gov/coronavirus/2019-ncov/cdcresponse/about-COVID-19.html AND NEW YORK STATE: https://coronavirus.health.ny.gov/home AND NEW YORK CITY UPDATES: https://www1.nyc.gov/site/coronavirus/index.page HOLDER RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE THE RELEASED PARTIES ARISING OUT OF ANY CHANGE IN FEDERAL, STATE, OR LOCAL GOVERNMENTAL AND/OR HEALTH AUTHORITIES REQUIREMENTS, AS ENFORCED BY PRODUCER OR THE VENUE, EITHER RETROACTIVELY OR PROSPECTIVELY.
GOVERNING LAW. Holder hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of New York, without regard to choice or conflict of law provisions.
ARBITRATION AGREEMENT. Holder hereby agrees, on behalf of itself and Related Persons, that: (a) any Claim asserted by Holder against any of the Released Parties shall be resolved by mandatory, confidential, final, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”); (b) this Section 5 is governed by the Federal Arbitration Act (“FAA”); (c) the FAA is applicable because the Released Parties are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (g) the arbitrator shall have the power to award any remedies, including reasonable attorneys’ fees and costs, available under applicable law; (h) judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant to this Agreement shall take place in New York County, New York.
CLASS ACTION WAIVER. Holder hereby agrees that any and all disputes, including any Claims made by Holder against any of the Released Parties must be arbitrated on an individual basis only. By signing this Agreement, Holder hereby waives any right to litigate or arbitrate any Claim as a class action, representative action or class arbitration against any of the Released Parties.
SEVERABILITY. Holder hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
Last updated and effective as of January 14, 2019
Introduction and Your Acceptance of These Terms
Information We Collect
Information we collect directly from you: Your provision of your personal information to Us is completely voluntary; it is not a statutory or contractual requirement. Personally Identifiable Information (“PII”) is information that is uniquely identifiable to you, such as your name, address, email address, phone number, credit card number and other personal information that is not otherwise publicly available. Certain features of Our website may require that you provide Us with your personal information, including:
Mobile Alert Sign-Up (SMS)
Contact Us (email)
Public forums (e.g. message boards)
E-commerce (ticket purchases)
Your use of any of the features above;
New content on Our website;
News that We think may interest you about Us;
Responses to your questions/comments to us; and
Information relating to a ticket purchase.
We may use your demographic information for in house statistics, advertising and marketing target information. Our processing of your personal information is necessary for the performance and fulfillment of the contract between us and to provide you with Our services. We will also process, transfer, disclose and preserve personal information when We have a good faith belief that doing so is necessary, to resolve disputes, enforce our agreements and otherwise required by law. You can always opt-out of receiving future promotional communications from Us; see the Choice/Opt-out section below.Information We Collect Automatically: Even if you don’t use any of the features above, when you visit Our website, We may collect certain information about you.
From your Browser. For example, Our servers keep an activity log that tracks all visitors to the website. The information in the activity log does not identify you individually. The information collected may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address. We use your IP address to help diagnose problems with Our server and to administer Our website. Your IP address is also used to gather broad demographic information, such as country of origin and geographic location. We use such data in the aggregate to run internal analyses to improve upon your experience on Our website.
Tracking Tags (also known as “web beacons,” “action tags” or “single-pixel gifs”). Our website may also use tracking tags. Tracking tags are invisible graphics embedded in the pages of Our website that are programmed to collect non-personal information about your use of Our website. Like cookies, tracking tags provide overall usage patterns for Our website that We use for analysis and to provide personalized services and advertising content.
We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers.
How We Use Your Personal Information
The personal information We collect allows Us to keep you posted on updates to Broadway Direct. It also helps Us to improve Our services, content, and advertising. If you don’t want to be on Our email list, you can opt out anytime by clicking the “unsubscribe” button or sending an unsubscribe email to [email protected]. From time to time, We may use your personal information to send transactional emails, such as communications about purchases and changes to Our terms, conditions, and policies. Because this information is important to your interaction with Broadway Direct, you may not opt out of receiving these communications. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Broadway Direct’s services, and customer communications. If you enter into a sweepstakes, contest, or similar promotion We may use the information you provide to administer those programs.
Information Collected By/Shared With Third Parties
Third Parties Doing Work for Us. Third parties have no rights to use any data We have collected on your behalf. However, We may employ other companies or individuals to perform functions on Our behalf, such as sending postal mail, email, and text messages, conducting sweepstakes/contests, prize fulfillment and promotional activities, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These outside suppliers, agents and vendors have access to your personal information only as needed to perform their functions.
Third Parties with Links from Our Website. From our website, you may be able to click on links to third party sites to buy tickets and merchandise and for other purposes. These third party sites may collect information, including personal information. We are not responsible for, nor do we have access to the information they collect. The collection of this information is governed by the privacy policies on the applicable third party sites.
Social Networking Services. Our website may integrate with social networking services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
When necessary. We may also release personal information when we believe, in good faith, that such release is reasonably necessary to protect the rights, property or safety of Ourselves, Our clients, Our users, or others. We may disclose personal information about you to law enforcement, other government officials, or other third parties, as We, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose Us to legal liability.
Transactions With Third Party E-commerce Partners, Vendors and Advertisers
Delivery of Advertising and Other Content
In addition to ads and content that We may serve you directly, We use third-party advertising companies and marketing services companies to serve ads and other content when you visit Broadway Direct and elsewhere on the internet and in other media. Both We and these companies may use information about your visits to Broadway Direct and elsewhere to serve ads and other content to you. In the course of doing so, a unique third-party cookie may be placed or recognized on your browser by such companies. In addition, We and these companies may use Web beacons to help manage Our online advertising and content. These Web beacons enable Us and the third-party companies to recognize a browser’s cookie when a browser visits this Site and to learn which banner ads bring users to our website and to serve you ads that you may find of interest elsewhere on the internet and in other media. Both Broadway Direct and these companies may use information obtained from your visits to Broadway Direct or other websites, and information received from you offline in order to provide advertisements about goods and services and other content of interest to you across the internet and in other media. If you would like more information about this practice and to know your choices about not having this information used in this manner by Our third party advertising companies, please visit http://www.networkadvertising.org/optout_nonppii.asp and/or www.aboutads.info/choices. European users may opt out of receiving targeted advertising by visiting http://www.youronlinechoices.eu/. In addition, we may provide PII and Anonymous Information to marketing services companies. This may include information we received from you offline or online. These companies may combine information we provide (including PII and Anonymous Information) with personal and anonymous information they may have about you, using cookies they place or that We place on their behalf, as described in the section regarding “Cookies and Tracking Tags”. We require these companies to delete the PII we provide them. These companies may use the resulting non-personal information and such cookies for their own marketing purposes, and they may provide the same to their customers for their customer’s marketing purposes. Some of Our emails may contain tags that allow Us and Our advertisers and other partners to determine the types of content that may be of interest to you. Those tags may contain PII and may be shared with others to the same extent indicated in the section regarding “Cookies and Tracking Tags”. Those tags may not be deleted but you can opt out of receiving the emails.
Use of This Site by Children
The Site is not directed to individuals under the age of thirteen (13), and We request that such individuals do not provide personal information through the Site. If a parent or guardian becomes aware that his or her child has provided Us with PII without the parent or guardian’s consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at [email protected]. If Broadway Direct determines that it has collected personal information of children under the age of 13, Broadway Direct will immediately delete such information and any accounts believed to be held by children under 13. In addition, we may not collect or process information from a citizen of an EU member state under the age of sixteen (16) without such person’s parental consent. If you are a citizen of an EU member state under the age of 16, please tell your parents that you are using the Site and have your parents email Us at [email protected] so that We may delete any information We may have collected about you.
California Civil Code § 1798.83 permits California residents to request information about whether we have disclosed personal information to any third parties for the third parties’ direct marketing purposes. California residents have the right to request in writing: (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make a request, please contact Us at the following email address: [email protected].
Rights of EU Data Subjects
If you are a resident of the European Union, under the GDPR, European Union residents, as data subjects, have the following rights:
Right to access – This right allows individuals to obtain confirmation as to whether or not personal information concerning him or her is being processed and provide access to such personal information. It also allows individuals to request details of the processing of his or her personal information, including, without limitation, categories of recipients to whom the personal information have been or will be disclosed and purposes of processing.
Right to rectify – This right allows individuals to rectify any inaccurate personal information about him or her.
Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
Right of data portability – This right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.
An EU resident has the right to access his or her personal data that We hold and to ask that their personal data be corrected or erased and to port their data. An EU resident may also have the right to object to, or request that We restrict certain processing or to withdraw consent previously provided. If you would like to exercise your rights under the GDPR, please contact us at [email protected]. If you are an EU resident and have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. For contact details of your relevant local Data Protection Authority, please see http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080
Security of Your Personal Information
Broadway Direct employs reasonable security measures consistent with standard industry practice, for personal information collected through this Site, including physical, electronic and operational measures to maintain security and prevent unauthorized access. While Broadway Direct takes all appropriate steps to safeguard personal information under Our control, unfortunately, no data transmission over the Internet or method of storing data can be guaranteed to be 100% secure. As such, We cannot guarantee that personal information supplied by users will not be accessed on Our servers, or intercepted while being transmitted to Us over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers.
We will retain your information for as long as your account or inquiry is active and for a reasonable time thereafter in accordance with Our standard procedures or as necessary to comply with Our legal obligations, to resolve disputes, and to enforce Our agreements. Even if We delete some or all of your Personal Information, We may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that We will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
This Site provides users the opportunity to opt-out of receiving communications from Us, at any time, by email at [email protected], or by clicking the unsubscribe link in any email communication. The Site gives users the following options for removing their information from our database, to not receive future communications or to no longer receive our service, at any time.
Users can send mail to the following postal address: Broadway Direct 1501 Broadway 14th floor New York, NY 10036
Users can call the following telephone number: (800) 223-6715.
Users can opt-out of receiving future newsletter emails from Us by selecting the “unsubscribe” link at the bottom of our email. However, We are not responsible for removing your information from the lists of any third party who has previously been provided with your information or is collecting your information through their cookies. You have the right to withdraw your consent for Our processing for your personal information by contacting us at [email protected].
This website gives users the following options for changing and modifying information previously provided, at any time.
Users can send mail to the following postal address: Broadway Direct 1501 Broadway 14th floor New York, NY 10036
Users can call the following telephone number: (800) 223-6715
In the event that We are, or any component of our operations is, merged with, or is acquired by, another entity, then any such successor or acquiring entity may become the successor to Our obligations with respect to the personal information that you have provided to Us, which would be necessary for the entity to effectively continue our business. By using this website, you consent to any transfer and use of such personal information by an entity assuming control of Our operations as a result of a merger, purchase of assets, or liquidation in bankruptcy or insolvency.