TERMS & CONDITIONS
1. Applicability. Unless otherwise indicated, these season ticket terms and conditions, as well as any supplemental terms and conditions that the Black Magic Live(“Show”) may provide from time to time in the future, apply to the person or company in whose name the ticket account is held (the “Account Holder” or “you”) and all persons who use the Account Holder’s tickets as the Account Holder’s guests or otherwise. 2. Risk of loss. Upon receipt of your tickets for any full or partial season ticket subscription (including any additional single performance tickets purchased in connection with the subscription), risk of loss of the tickets shall pass to you. If your tickets are lost or stolen, and if you contact the Black Magic Live Office at at least 1 hour in advance of the performance, Black Magic Live will issue you replacement tickets for the same performance date and seats as on the stolen or lost tickets. You can obtain a mobile version of your tickets anytime by visiting BlackMagicLive.com. The theater shall not be obligated to admit you or your guests to a performance unless the original or legitimate replacement tickets are presented at the time of the performance. 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 Black Magic Live. 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 Black Magic Live revoke any tickets, Black Magic Live will refund you the amount paid for revoked tickets for future performances. 4. Cancellations. Should Black Magic Live or the producer of a show (“Producer”) cancel, without replacing, a show included in your season ticket package, Black Magic Live may provide you a refund of the face value price of the tickets for the cancelled show. However, your ticket package will not otherwise be affected. Membership members, including tickets for any individual show or performance, are not otherwise refundable. 5. Exchanges. If you cannot attend a performance on the date of your tickets, you may be able to exchange your tickets for another performance of the same show. All such exchange requests must be made at least two business days before the earlier of the performance date on your tickets and your requested alternative performance date either online, by phone or in person at the box office. All such requests are subject to availability of tickets for the requested alternative performance date. Any additional charges incurred in connection with the exchange request—for example, any increase in ticket prices due to a more favorable seat location or higher priced performance date—will be charged to your credit card upon processing of your request. No refunds or credits will be issued in the case of exchanges to lower priced tickets or performances. 6. Renewals. Although Black Magic Live anticipates that Members will have the privilege to renew their yearly membership subscriptions , such renewal privileges are extended at the option and in the sole discretion of Black Magic Live and may be revoked or cancelled at any time for any reason. As well, Black Magic Live in its sole discretion and for any reason may change the seat location(s) previously assigned to any such member. 7. Behavior. In addition to any restrictions imposed by applicable law and the rules of the theater in which a show is presented, disorderly conduct, smoking (including use of ecigarettes) inside the theater, use of mobile devices during the performance, and any recording or photographing of the performance are strictly prohibited. Also, outside food and beverages, large bags, professional cameras, weapons, illegal drugs, and other contraband are not permitted inside the theater. No large bags or luggage will be allowed into the theatre. Make plans to store them off site. 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. The seating of ticket holders arriving after a performance begins is subject to Black Magic Live and the Producer’s late seating rules, and such seating may be delayed and is at the discretion of theater management. 8. 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 (based on show summaries, reviews, and other available information) 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. When such concerns arise, Black Magic Live will endeavor to accommodate requests to exchange tickets for another show, subject to ticket availability, so long as you contact us reasonably in advance of the performance of concern. 9. Force majeur. Black Magic Live and the Producer are committed to presenting a quality Las Vegas productions. However, given the nature of live theater, Black Magic Live and the Producer shall not be responsible for any sound quality issues, special effects malfunctions, other technical difficulties, the use of substitute performers, fire alarms, other loud sounds outside the theater, or any other force majeur event outside show, venue and the Producer’s reasonable control. 10. Seat location. Allocations of seat locations for ticket holders are made from, and subject to, available seat locations as determined by Black Magic Live 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. 11. 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 Black Magic Live, Nulite Entertainment, Venue 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. 12. Payment deadline. All payments for tickets are due by the payment deadline, typically (1) hour before Without limiting the foregoing, you agree not to seek any refund. You also agree not to dispute any credit card charge or seek any credit card chargeback with respect to valid credit card charges for your tickets. Should you violate these credit card restrictions, Black Magic Live may cancel any tickets purchased with the subject credit card and refuse to honor or allow any pending or future ticket purchases made with the credit card. Returned or dishonored checks may be subject to a handling charge. 13. Personal information. You agree that Black Magic Live 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 Black Magic LIve believes you will find valuable. Black Magic Live 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, except as permitted by applicable law or applicable website privacy policies. 14. Pricing. The total cost of your purchased ticket will be emailed to you, through direct purchase or 3rd party purchase. The face value price stated on your tickets reflects the value of your tickets plus any facilities fees, but does not include any service charges, handling fees, and applicable taxes. 15. Ticket limits. Black Magic Live and the Producer shall be entitled, in their sole discretion, to implement ticket purchase limits on any basis, including without limitation per person, Membership or group package or holder, credit card account, email address, billing address, season ticket account address or number, phone number, IP address, performance, show engagement, special event, or otherwise. In the event a person, including any season ticket holder, purchases more tickets than allowed under any applicable limit, Black Magic Live and/or the Producer, each in its own discretion [and with or without notice to the purchaser], may revoke and issue refunds to the purchaser for those tickets purchased in excess of the applicable limit, and may revoke remaining tickets and membership ticket renewal privileges. 16. Children. No children are allowed to the show. 17. Accessible seating. Black Magic Live strives to make it easy to purchase accessible seating tickets for all productions. Accessible seating areas are solely for persons with disabilities and their companions. 18. Disputes. If a dispute arises between you and Black Magic Live, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes that you may have with Black Magic Live or the show’s Producer may be reported to Black Magic Live by calling 1-702-718-2108 You and Black Magic Live agree that all disputes, claims or controversies arising from or related to your season ticket package (including without limitation any individual performance tickets), or between you and Black Magic Live or the show’s Producer regarding such matters, shall be resolved by binding arbitration on an individual basis. As an exception to this arbitration agreement, you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, nonrepresentative) basis. This arbitration agreement is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Black Magic Live AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Black Magic Live agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this agreement to arbitrate, or the interpretation of the prohibition of class and representative actions above shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Black Magic Live may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Black Magic Live subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an inperson hearing is held, you and/or Black Magic Live may attend by telephone, unless the arbitrator(s) require otherwise. The arbitrator(s) will decide the substance of all claims in accordance with [applicable law/the law of the State of California], including recognized principles of equity, and will honor all claims of privilege recognized by [California] law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Pantages customers, but is/are bound by rulings in prior arbitrations involving the same Black Magic Live customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Black Magic Live will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Black Magic Live should be submitted by mail to the AAA along with your demand for arbitration and Black Magic Live will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Black Magic Live for all fees associated with the arbitration paid by Black Magic Live on your behalf that you otherwise would be obligated to pay under the AAA's rules. 19. Inconsistency. In the event of any inconsistency between these terms and conditions and any terms and conditions on your season package invoice(s), brochure, or any Black Magic Live website, then the provisions on the invoice, brochure or website provisions shall govern. No course of dealing by Black Magic Live or the Producer, nor any failure or delay by Black Magic Live or the Producer to exercise any right or remedy under or enforce any provision of these or any other applicable terms and conditions or any other applicable terms and conditions, shall operate as a waiver of any such (or any other) right, remedy, or provision. No waiver by Black Magic Live or the Producer of any breach of any provision of any applicable terms and conditions shall be considered or constitute a waiver of any succeeding breach of the same or any other provision or a waiver of the provision itself. 20. Severability. Except as otherwise provided in paragraph re: arbitration, 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.