TERMS AND CONDITIONS (v5.241007b)

Please read these Terms ("Terms" or "Agreement") carefully, as they affect your future legal rights. These Terms apply to the show, event, or festival described on this website (the "Event").

All Event tickets, wristbands, passes, permissions, authorizations and entry methods (whether physical or digital and whether for a patron or their vehicle) (collectively, "Tickets") are subject to these Terms. By accepting possession or by using any Ticket or by entering the Event, User agrees to all Terms and is legally bound to comply with these Terms. The original Authorized Purchaser and any Authorized Recipient (defined below) agrees to inform all of their respective guests of these Terms with due diligence. The Event producer reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check back periodically for changes at www.Transy.edu/MFA.
User understands that the Event shall be presented in accordance with applicable venue policies, public health, safety and security policies, including local public health and safety policies and CDC guidelines, as of the date of such Event and which may change at any time as determined by federal, state or local government agencies or instrumentalities, the venue operator, artists and/or the Event producer/promoter; such requirements may include, without limitation, changes to capacity, attendance procedures and entry requirements, and other protective measures. If User does not comply with any laws, mandates, health orders or directives, promoter or Event and venue terms, conditions or rules, then the Event producer/promoter or venue operator may refuse admission or require User to leave the Event and User will not be entitled to a refund. Please visit the Event website for the most up-to-date Event policies, protocols and procedures.

TICKETING
     All sales are final. Any refunds are at the discretion of management, the event host, or performing artist. No refunds or exchanges of tickets are implied or guaranteed. Artists are subject to change without prior notice. Copying, photographing, or recording any performance with camera, audio or video equipment is prohibited without written permission of the venue. Because of local fire ordinances, every person, regardless of age, requires a ticket for admittance to events in our venues. Baby/infant tickets are available on a show-by-show basis. For more information, please contact the Mitchell Fine Arts Center at (859) 233-8585. 

RESALE, LOST AND COUNTERFEIT TICKETS
     You may not resell or distribute tickets sold for events occurring in venues managed by Transylvania University for any commercial purpose. Those venues include, but are not limited to: Haggin Auditorium, Carrick Theater, Lucille Little Theater, Coleman Recital Hall, William T. Young Student Center, Beck Athletic Center, the Fourth Street Athletics Complex, Hall Field, Counter Clocks Stadium, and other official university or athletics venues. When purchasing for Transylvania University managed venues, you agree that tickets purchased are for personal use only unless otherwise authorized in writing by a Transylvania University current cabinet member, or the Production Coordinator of the Mitchell Fine Arts Center. 
     The sale of tickets on Transylvania University properties and/or managed venues (including parking lots and entrance roads) is strictly prohibited. Violators will be considered to be trespassing on private property and escorted off the grounds. Tickets purchased from an unauthorized source may be lost, stolen, counterfeit or in violation of resale policies and, if so, are VOID. We strongly discourage you from purchasing tickets from an unauthorized source and remind you that scalping a ticket is illegal in the commonwealth of Kentucky. 

Only buy tickets from an authorized ticket agent.
 
LIST OF AUTHORIZED AGENTS:
-Mitchell Fine Arts Center box offices.
-Lucille Little Theater box office.
-Transy Athletics venue box offices.
-Transylvania University’s website: www.transy.edu 
-Transylvania University’s ticketing partner: TicketSpice, by Webconnex.
-Ticketing Kiosk located in William T. Young Campus Center

AUTHORIZATION OF ATTENDEE’S IMAGE AND LIKENESS
User grants Transylvania University and/or the Event producer (and its designees) the right to include Attendees’ image, likeness, actions, and statements in any live or recorded audio, video, film, webcast, stream, or other transmission, exhibition, simulcast, or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or otherwise.

NO LIVE AUDIO, VIDEO STREAMING OR BROADCASTSThe Event producer retains all webcast/Internet rights to the Event. Any live streams or broadcasts, whether for Internet or otherwise, from the Event must be specifically agreed to in advance with the Event producer. No one may transmit, broadcast, or communicate any live audio or audiovisual images from the Event site without the Event producer's prior written permission. As an example, this prohibition includes, but is not limited to, use of any service which broadcasts to the Internet. Even if User is a performer or sponsor, the broadcasting, displaying, or communicating of any live audio or audiovisual images (whether for personal, commercial, or other use) is expressly prohibited without the prior written permission of the Event producer.

MEDICAL CONSENT
User consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases the Event producer and all persons participating in such medical treatment from all responsibility for any such actions.

CONSENT TO SEARCH/REFUSAL/EJECTION
User, User's vehicle, and User's belongings may be searched upon entry into the Event, and User consents to such searches and waives any related claims that might arise against the Event producer and its agent. If User elects not to consent to such searches, User may be denied entry into the Event, or access/entry may be revoked.

ASSUMPTION OF RISK, WAIVER & LIMITATION OF LIABILITY
Assumption of Risk. User understands and agrees that there are certain risks of personal or property injury, illness and/or death associated with attending the Event, including, without limitation, risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, "COVID-19"). User understands and agrees (a) that the risk of exposure to COVID-19 and/or any other virus cannot be fully eliminated and is increased by proximity to other people, (b) that an inherent and elevated risk of exposure to COVID-19 and/or any other virus exists in any public place or place where people are gathered, (c) that attending the Event may involve coming into close contact with other people, (d) that there is no guarantee, express or implied, that User will not be exposed to COVID-19 and/or any other virus and (e) that exposure to COVID-19 and/or any other virus can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death. Despite these risks, User voluntarily assumes ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the Event, including exposure to COVID-19 and/or any other virus. By accepting possession or by using any Ticket, User expressly assumes all risks and dangers arising from or incidental to the Event, whether such risks occur before, during, or after the Event and agrees that the Releasees (defined below) are not responsible for any such risks and dangers.

WAIVER
User forever releases, waives, discharges and agrees not to sue the following: the Event owner(s); Event producer(s); Event promoter(s); Event performers, artists and their managers, agents, furnishing companies and representatives; the Event ticketing agency and/or ticketing services provider and their respective parents, subsidiaries, affiliates, partners, owners, members, managers, officers, directors, past and present employees, volunteers, agents, representatives, successors, trustees, successors and assigns (collectively, the "Releasees") from any known or unknown claims, losses, damages, liability, demands, actions, injury or death, including those relating to COVID-19 or any other illness or injury that User may sustain while at the Event, regardless of whether caused by the negligence or other fault of the Releasees or any third party (collectively, "Claims" or, as used individually, a "Claim").

LIMITATION TO LIABILITY
 To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to User or to any third party for, and User expressly waives all rights to seek any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to the Terms, the Ticket and/or the Event (even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).

GOVERNING LAW
Except as otherwise stated in the Arbitration Agreement above, any Claim arising from or relating to these Terms, the Event, or our dealings with one another, whether based in contract, tort, fraud or otherwise and regardless of the place of User's residence, is governed by, and construed in accordance with, federal and Kentucky law, without regard to conflict of laws principles. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

REVOCATION:
     Tickets are a revocable license, subject to termination with denial or withdrawal of admission at management discretion, upon refund of the purchase price and subject to revocation with denial of admission or removal from the facility, without compensation, for reasons including but  not limited to the holder acting in a disorderly manner or violating management policies.
 
VENUE FEES
     Transylvania University’s ticketing platform, as well as other elements of the guest experience, is funded by venue fees. Venue fees are standard in the ticketing industry and cover the cost of staff, hardware, maintenance, software, and licensing for our operation which sells, issues, and scans tens of thousands of tickets.

CANCELED OR RESCHEDULED EVENTS
If the event is canceled: We will issue a credit towards a future purchase and will email you a notification.  
If the event is postponed, rescheduled, or moved: Unless you are otherwise notified, your ticket(s) are still valid, and no further action is required. In some instances, a code to rebook may be issues. Any refund and/or credit policies are determined on an event-by-event basis and may be subject to limitations set by the event promoter, credit card companies, or other entities. 

Third party purchase protection is recommended and offered on every paid ticket. The terms of this policy is that of the provider and not of Transylvania University.

CONDITIONS OF TICKET SALES
Anyone suspected of being in violation of any of these conditions is subject to void of any tickets without refund, barring such violators from the property, and reporting to law enforcement. 
1. Latecomers are subject to deferred seating.
2. Any ticket not claimed at the start time of the performance is subject to forfeiture without refund. 
3. Any presale merchandise not claimed within 24 hours of an event may be forfeited without refund. 
4. Program, dates and times are subject to change.
5. Recording devices are prohibited. Violation of the forgoing will automatically terminate this license.
6. Ticket holders voluntarily assume all risks and danger incidental to the event for which their ticket is issued whether occurring prior to, during or after the same. 
7. If for any reason whatsoever Transylvania University has not received payment of or has refunded the price of a ticket, a ticket may be revoked without any advance notice and without refund of any amounts the holder may have paid to any other parties.
8. Weapons and firearms, including replicas, are prohibited without advanced written permission from the Production Coordinator of the Mitchell Fine Arts Center, and Chief of Transylvania Department of Public Safety.  Transylvania University is private property and all weapons and firearms are prohibited, including for any person possessing a carry/concealed carry permit (KRS 237.110).  The only exception to this policy is for clearly identifiable, uniformed, law enforcement persons, who are on duty, in their patrol area/jurisdiction, and who have coordinated with Transylvania Department of Public Safety.
9. Wheelchair accommodation should be in the designated area. Seating adjacent to wheelchair spaces must be reserved for those accompanying wheelchair patrons. Mitchell Fine Arts Center was constructed approximately 24 years prior to the Americans with Disabilities Act. As such, there are many elements of the facilities that are difficult to access or cannot be accessed by persons with reduced mobility. While solutions to this challenge are being diligently worked on, advanced planning is recommended for those with reduced mobility. Transylvania University makes every effort to accommodate all our patrons, and we are not always able to do so. Ticket holders should contact the venue in advance of their visit if there are any concerns regarding accessibility. Chairs, strollers, walkers, or other items may not block the aisle or egresses at any time. 
10. There is no guarantee of available parking in any of the university parking lots. Any person not parked in a designated parking spot is subject to ticketing and/or towing. This includes those parked on lawns, sidewalk, reserved spaces, or any other place not designated for public parking by signage and road markings. Additional off-site parking is used at the vehicle owner’s own risk and is not maintained by Transylvania University.
11. Transylvania University reserves the right to implement any health and safety protocols it deems necessary based on the advice and recommendations of the university cabinet, board, Department of Public Safety, the commonwealth of Kentucky, local, state or federal public health officials, and/or venue personnel.  This includes social distancing and masking.  
12. Due to the nature of theater performance and live events, events and shows may contain loud sound, bright lights, atmospheric effects, adult content, or other elements that may be objectionable to some patrons. Please review any special notes under each event listing and follow up by calling or emailing the venue to ensure an event is suited to your needs.
13. For the safety and security of everyone, all bags, large coats and bulky items are subject to search. Additionally, patrons may be required to pass a metal detector upon entry.
14. Smoking and vaping is prohibited on Transylvania property. Those wishing to smoke or vape may do so on the public sidewalks adjacent to the street. Any person observed or believed to be smoking or vaping inside will have their ticket revoked and be banned from the property. 
15. Alcohol may only be possessed, distributed, or consumed in specified areas.  At no time may patrons bring or consume alcohol not provided by the venue. 

INCLUSIVITY POLICY
     Mitchell Fine Arts Center is committed to inclusivity and welcomes all persons to our facility, regardless of race, color, citizenship status, sex, age, disability, predisposing genetic characteristics, pregnancy, creed, sexual orientation, gender identity, gender expression, marital status, national or ethnic origin, religion or religious belief, veteran’s status or any other category protected by applicable state or federal law or local ordinance. Transylvania University is committed to ensuring that the institution, including its public and private venues, are free of harassment and discrimination. Hate speech, bullying, threatening behavior or posturing, derogatory, sexist, racist or other disparaging remarks will not be tolerated. Mitchell Fine Arts Center reserves the right to withdraw or decline access to anyone believed to be in violation of this policy, as well as removal from property.