Event Producer and/or ticket seller agrees to all of the following Brown Paper Tickets terms and policies:
1. Producer - Event Producer, promoter, ticket seller, venue representatives, or other authorized agents providing services or events for which tickets are sold are hereinafter referred to as "Producer". Producers using Brown Paper Tickets ticket selling services agree and understand these terms are a legal, binding, and enforceable agreement. Producer agrees they are authorized to sell tickets for events or services. Fraudulent representation by a Producer, or of event(s), is a criminal offense, which voids this agreement and allows Brown Paper Tickets to fully refund tickets to ticket purchasers. Brown Paper Tickets will assist law enforcement in prosecuting any fraudulent use of Brown Paper Tickets ticket sales services, and will legally seek any and all compensation for damages due to fraudulent representation.
2. Brown Paper Tickets - Brown Paper Tickets is an independent company providing ticketing services for event Producers and venues. Brown Paper Tickets is not affiliated with any event producers or others providing services or events for which tickets are purchased. Brown Paper Tickets is solely acting as an intermediary between Producer and ticket purchaser for specific events. Brown Paper Tickets assumes no liability incidental to the event for which tickets are sold or purchased.
4. Amendments - Brown Paper Tickets reserves the right to amend this agreement at any time.
5. Event Promotion and Advertising - This Agreement does not obligate Brown Paper Tickets to promote or advertise the event for which tickets are sold. Producer acknowledges and understands it is Producer's sole responsibility to promote and/or advertise the event.
6. Ticket Pricing - For most events, Brown Paper Tickets provides Producer with ticket sales services with no initial fees or start-up charges, unless specifically agreed upon. Ticket pricing is solely determined by Producer. Producer is exclusively responsible for all city, municipal, county, district, state and federal taxes.
7. Ticket Purchaser Fees - Ticket purchasers will pay a service fee as defined on the Brown Paper Tickets Pricing Page: http://www.brownpapertickets.com/pricing.html
8. Possible Additional Fees - Should Producer choose, a third party entity may provide ticketing services through Brown Paper Tickets ticket processing system. In such an instance the third party may charge a handling fee to ticket purchaser, to be determined by agreement between Producer, Brown Paper Tickets, and the third party. Likewise, a venue may charge a venue fee to ticket purchasers in an amount to be determined by Producer, Brown Paper Tickets, and the Venue.
9. Point of Sale Terminals - In addition to on-line ticket sales, mobile ticket sales, or ticket sales by telephone through the Brown Paper Tickets call center, Brown Paper Tickets may sell event tickets through point of sale terminals at various locations at its own discretion. Producer understands that event tickets may or may not be offered for sale through Brown Paper Tickets point of sale terminals. Event Producer understands and agrees that point of sale terminal locations may change at any time and/or that Brown Paper Tickets may cease to offer point of sale terminal ticket sales for any and/or all events.
10. Ticket Availability and Over Sale Charges - Producer is solely responsible for setting the number of tickets available for purchase for each event. Producer agrees that the number of tickets for sale is within the legal fire regulations and venue capacity limitations as set forth by the city, municipality, county, district, state, and/or federal codes and/or laws. If over sales of tickets occur, Producer agrees the full ticket price, plus any and all Brown Paper Tickets services fees, will be refunded to ticket purchasers holding unused tickets. Producer further agrees that Producer will pay Brown Paper Tickets for the full ticket price and refunded service fees for tickets that are refunded due to over sale, and that said totals will be deducted from the total face value event ticket sale amount to be paid to Producer. Brown Paper Tickets reserves the right to withhold payment to Producers for up to 90 days after an event ends for events where tickets were over sold in order to provide refunds as necessary.
11. Event Cancellation - Producer agrees to notify Brown Paper Tickets immediately after the decision to cancel an event is made. Brown Paper Tickets reserves the right to issue full refunds to ticket purchasers, including service fees, for the canceled event. Producer agrees that if an event is canceled and full refunds are issued to ticket buyers, Producer will pay Brown Paper Tickets for any and all service fees originally charged to the ticket buyer, and additional costs, including but not limited to, credit card charge back fees related to refunding tickets. Producer may offer replacement tickets for similar event(s) in place of a refund for the canceled event, however, ticket purchaser is not obligated to accept replacement tickets in the place of a full refund. Should Producer opt to offer replacement tickets for a similar event(s), Producer agrees to pay Brown Paper Tickets for each replacement ticket an additional fee equivalent to the "Physical Tickets for Free Events" price for the event's currency. This price can be found here: http://www.brownpapertickets.com/pricing.html Fees will apply for replacement tickets for tickets sold in all other currencies (contact a Brown Paper Tickets representative for costs).
12. Rescheduled Events - Producer agrees refunds will be given to ticket purchasers for rescheduled events at the ticket purchaser's request. Should a ticket purchaser request a refund due to a rescheduled event, Producer agrees to pay Brown Paper Tickets for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to any and all credit card charge back fees related to refunding tickets due to rescheduled events.
13. Change of Event Venue or Change of Event - Should the listed event venue change for any reason, Producer agrees that refunds will be given to ticket purchasers at the ticket purchaser's request. Additionally, should there be a change in the event, Producer agrees that refunds will be given to ticket purchasers at ticket purchaser request. Should a ticket purchaser request a refund due to an event venue change or event change, Producer agrees to pay Brown Paper Tickets for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to, any and all credit card chargeback fees related to refunding tickets due to a change in the event venue or the change in the event.
14. Ticket Refund Policy - Producer agrees that at the event ticket purchaser's request, and at Brown Paper Tickets' sole discretion, Brown Paper Tickets may refund the face value of event tickets purchased through Brown Paper Tickets until ticket sales for that event end. Event ticket sales are final after sales have ended.
15. Account Settlement
a. Ticket Sales Processed into the Brown Paper Tickets Merchant Account
Generally, Brown Paper Tickets will mail a check/cheque payment, via USPS in the U.S. or Canada, to Producer within ten (10) business days after the event end date. However, Brown Paper Tickets cannot guarantee Producer will receive the check within ten (10) business days due to sometimes inconsistent delivery times by the United States Postal Service. If Producer has not received the check thirty (30) days after the event ends, Brown Paper Tickets will issue a replacement check, and put a stop payment on the original check, at no charge to Producer. If Producer has not received the check fifteen (15) days after the event ends and does not want to wait thirty (30) days, Producer can request a replacement check, but must pay a US$35.00 fee to stop-payment the original check.
Payments for event tickets purchased in Pounds Sterling (GBP £) or Euro (€) will be direct deposited into Producer's bank account, generally ten to fifteen days after the event ends.
All payments will be for the face value of tickets sold, minus any service fees or costs to Producer for ticket over sales (see Ticket Availability and Over Sale Charges terms above), canceled events, rescheduled events, or replacement ticket fees (see Event Cancellation and Rescheduled Event terms above). Should Producer be delinquent in payment of any loans, costs, and/or fees to Brown Paper Tickets for any other or prior scheduled event or contractual agreement between Brown Paper Tickets and Producer, Producer agrees that Brown Paper Tickets may offset any such outstanding balances with funds from a current event prior to paying Producer. Producer agrees and understands that Brown Paper Tickets has the right to withhold any and all payments to Producer for up to 90 days after the end of the event for any reason.
b. Ticket Sales processed through Producer's credit card processor into their own Merchant or other account.
A Producer may choose to process credit card purchases into their own merchant account, or through their PayPal account. In these cases, Producers assume all responsibility for credit card processing charges and fees, as determined by their arrangement with one of the foregoing companies they utilize. Brown Paper Tickets will continue to provide all ticketing services but for the actual credit card processing. The standard Brown Paper Tickets service fees will still be paid by the ticket buyer, but will be balanced out in the following manner:
Producer Merchant Account: All ticket buyer service fees will be deposited directly in Producer's merchant account. Brown Paper Tickets will invoice Producer for the per ticket flat rate fee, plus 1% of the ticket face value fee. Producer will keep the remaining 2.5% of the ticket face value fee to offset their merchant account credit card processing fees. Producer agrees to pay Brown Paper Tickets the agreed upon service fees within 30 days after the event ends. Interest will apply to delinquent balances at 12% annually. If payment of service fees is over 30-days delinquent, Brown Paper Tickets reserves the right to discontinue processing ticket purchases through the Producer's merchant account and instead process the ticket sales through the Brown Paper Tickets merchant account.
PayPal Account: At the time of ticket purchase, Brown Paper Tickets will receive all of the per ticket flat rate fee, plus 1% of the ticket face value fee. Producer will receive 2.5% of the ticket face value fee to offset any PayPal processing fees.
16. Box Office - Producers may choose to use Brown Paper Tickets on site Box Office features to sell tickets in addition to the Brown Paper Tickets website, telephone, mobile, and point of sales terminals. Producer takes full responsibility for use of Producer's box office ticket sales. Brown Paper Tickets is in no way responsible for tickets sold through the Producer's box office, including but not limited to, any will call lists created for tickets sold by Producer's box office account, any fraud, negligence, or errors committed by Producers or their representatives, and/or any other reason when using the box office account.
17. Will Call Tickets - Producer may offer will call tickets for events. However, even if Producer is not offering will call tickets for an event, Producer agrees to accept a limited number of will call tickets to individuals who did not receive physical tickets in time for the event, for whatever reason. Brown Paper Tickets will provide a list of such ticket purchasers to the Producer prior to the event. It is the Producer's responsibility to verify the identity of the ticket purchaser by either photo identification or the last four digits of the credit card used to purchase the tickets.
At times, ticket purchasers may believe they purchased tickets for an event, but the order was not processed or there was an error. Brown Paper Tickets will provide Producer with a Discrepancy Form to give to such ticket purchasers who arrive at the scheduled event and their names are not on the will call list. The information on the Discrepancy Form will allow Brown Paper Tickets to research and follow-up on whether said ticket purchasers already paid for event tickets. If the tickets were already paid for, the information on the discrepancy form will be destroyed. If the tickets were not already paid for, Brown Paper Tickets will use the information to charge the ticket purchaser for attendance at the event. It is Producer's responsibility to ensure the Discrepancy Form is filled out accurately. Any inaccuracies may result in non-payment to Producer of said will call ticket purchaser's ticket.
18. Indemnification and Hold Harmless
a. At its own expense, Producer agrees, acknowledges, and understands it will indemnify and hold harmless Brown Paper Tickets, its officers, agents, employees and assigns, from and against all claims, demands, losses, costs, penalties, damages, judgments and suits at law or in equity, of whatsoever nature (hereafter "actions"), brought against Brown Paper Tickets arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by Producer, its officers, agents, employees or assigns. Producer further agrees to defend Brown Paper Tickets in any litigation, including payment of any costs or attorney's fees, for any claims or action commenced thereon arising out of or in connection with such acts or activities authorized by this Agreement.
b. The above indemnity obligation shall not include such claims, costs damages or expenses that may be caused by the sole responsibility of Brown Paper Tickets. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of (a) Producer, its officers, agents, employees or assigns and (b) Brown Paper Tickets, its officers, agents, employees or assigns, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Producer and that of its officers, agents, employees or assigns.
19. Severability - If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect.
20. Limitation of Liability - Producer understands and agrees that Brown Paper Tickets shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Brown Paper Tickets has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will Brown Paper Tickets' total cumulative damages exceed US$100.00.
21. Disclaimer of Warranties - Producer understands and agrees that the Brown Paper Tickets ticketing service is provided on an "as is" and "as available" basis, and that Brown Paper Tickets assumes no responsibility for the timeliness, deletion, failure to store, or retention of any user communications or personalization settings. Brown Paper Tickets will not be liable for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable, control of Brown Paper Tickets.
22. Ownership of Intellectual Property - Producer agrees not to post material that Producer does not have an ownership right of patent, copyright, and/or other intellectual property right to. Brown Paper Tickets reserves the right to remove any content from an event page or custom Producer page that may infringe on the intellectual property rights of a third party.
a. If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute or breach cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.
b. Any dispute arising out of or relating to these terms and conditions, or the breach thereof, that cannot be resolved by meditation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of Seattle, Washington, United States, in accordance with the United States Arbitration Act. There will be one independent arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall decide the dispute in accordance with the substantive law of the State of Washington in the United States. For international disputes, discovery rules will be provided by the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration. The arbitrator has the authority to award reasonable attorney and collections fees in addition to any other award.
c. Governing Law and Venue - The parties agree that any dispute will be governed by the laws and codes of the State of Washington, United States. The parties further agree that in the event any legal action is instituted, mediation, arbitration, or any other legal action, by either party, jurisdiction and venue will be in the City of Seattle, State of Washington, United States and/or in the federal Western District of Washington at Seattle in the United States.
24. Entire Agreement - This Agreement, together with all attachments hereto, constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing.
25. Effective Date - These terms, conditions and policies are effective as of January 1, 2012.