York Barbican - Terms and Conditions of Entry
1. DEFINITIONS AND INTERPRETATION
In these terms, the following definitions apply:
“Barbican” means the York Barbican, Paragon Street, York, North Yorkshire, YO10 4AH
“Event” means any concert, music performance, play, conference, exhibition or other performance taking place at the Barbican;
“Organiser” means any person organising an Event in any part of the Barbican;
“Person” includes individuals, unincorporated bodies, government entities, companies and corporations;
“SMG” “we” or “us” means any or all of the following companies: SMG (UK) Limited; SMG Europe Holdings Limited; SMG Theatres Limited; SMG Europe; SMG Europe Events Limited; SMG World Class Limited; and Park Theatres Limited. It also includes, where appropriate, SMG’s agents, employees, and sub-contractors (including, without limitation, and where appropriate, Showsec International Limited or other security services contracted by SMG or the Organiser in connection with an Event);
“Terms” means these terms and conditions;
“Ticket” means a valid ticket, wristband or other approved admission document giving the bearer the right to enter certain parts of the Barbican and/or attend an Event;
“Ticket Agent” means a Person approved by the Organiser and/or SMG to sell tickets for an Event.
2. APPLICATION OF THESE TERMS AND CONDITIONS
These terms and conditions govern your admission and conduct in the Barbican. By entering or attempting to enter the Barbican you agree to be bound by these Terms.
These Terms supersede any previous issued terms and conditions.
Ticket Agents and/or Organisers may have additional terms and conditions which apply to an Event and to which you agree to be bound. In the event of any inconsistency between the Ticket Agent and/or Organiser’s terms and conditions, and these Terms, these Terms will take priority.
SMG reserves the right to amend these Terms from time to time at its sole discretion. You are responsible for ensuring you have read and understood any Terms in force at the time of entering or attempting to enter the Barbican.
Tickets cannot be exchanged or refunded after purchase other than in accordance with these Terms and the Ticket Agent’s terms. Please check your tickets carefully as mistakes cannot always be rectified.
If we, or an Organiser, have reasonable grounds to believe that a Ticket has been re-sold or transferred for profit or commercial gain by any Person other than the Ticket Agent, SMG or the Organiser has the right to refuse to admit the Ticket holder to the Barbican or to eject the Ticket holder from the Barbican without a refund.
You must keep your Ticket with you at all times at an Event. Your ticket may be invalidated if any part of it is removed, defaced or altered. Lost or stolen Tickets will not be replaced.
Tickets may not be used in connection with advertising, promotions, competitions, or sweepstakes unless prior written consent is obtained from SMG and the Organiser. Nothing in this clause shall entitle any person to use, display, alter, copy or otherwise deal in any manner whatsoever with SMG’s or the Organiser’s intellectual property rights.
4. ENTRY TO THE BARBICAN AND EVENTS
SMG reserves the right, at its absolute discretion, to refuse admission to any person and/or to eject any person from the Barbican if it considers that person’s behaviour or conduct is causing, or is likely to cause (without limitation), damage; injury; nuisance; or distress to others: without a refund.
You must produce a valid Ticket to gain entry to the Barbican and upon request for inspection. Failure to produce your Ticket on request may result in you being ejected from the Barbican without a refund.
In order to ensure the Barbican is a safe environment, we may search you, your clothing, bags or other items at any time at our sole discretion. Refusal or failure to co-operate in any search may result in you being refused entry or being ejected from the Barbican without refund.
We reserve the right to prohibit certain items within the Barbican from time to time. Prohibited items include (without limitation):
Food and beverage or containers for storing food or beverage;
Cameras and recording equipment (including selfie sticks);
Any items which are or may be illegal including, without limitation, weapons, fireworks, ammunition, drugs and other controlled substances;
Whistles, drums and other instruments;
Large umbrellas or other items which, in our opinion, may cause danger or disruption at an Event;
Items which a performing artist, their management or Organiser requests that we prohibit; and
Any other items which we believe may cause danger or disruption at an Event (regardless of whether or not they are illegal or carried for a specific purpose).
All prohibited items must be disposed of or surrendered before, or upon, entry to the Barbican. Failure to surrender any prohibited items may result in you being refused entry or being ejected from the Barbican without refund.
It is your responsibility to keep your personal possessions safe at all times whilst at the Barbican.
With the exception of guide or assistance dogs, no animals are permitted in the Barbican. Customers wishing to attend an Event with a guide or assistance dog are requested to contact the Barbican in advance of the Event for assistance.
5. EVENTS AND OUR POLICIES
The Barbican operates a strict no smoking policy. It is illegal to smoke anywhere at the Barbican and anyone caught smoking will be ejected from the Barbican without refund.
Use of E-cigarettes or any other vapour smoking devices is not permitted in the Barbican.
All attendees at the Barbican consent to being filmed or recorded (images and sound) by or on behalf of us, the Organiser or another authorised third party, and consent to their images (or likenesses) being used in any film, recording, photograph or other footage (“Recording”) of the Event. All rights in the Recordings shall be owned by the Organiser, authorised third party or us absolutely. You agree that any Recording may be used by us, the Organiser or authorised third party in any media and for any purpose throughout the world, including, without limitation, for promotional materials and activities, merchandise, DVD’s or other commercial activities. No payment or compensation for use of your image or likeness shall be payable to you.
By attending the Barbican you consent to being filmed or recorded by the police or other security staff for the purpose of safety and monitoring at the Barbican.
The use of any cameras, video or sound recording equipment or devices in the Barbican without our prior written consent is strictly prohibited. Any recordings made in breach of this clause may be seized or destroyed by us without any compensation or payment to you.
The performance start times and/or estimated duration advertised on tickets, promotional literature, websites and/or social media are approximate and subject to change. It is your responsibility to ensure you arrive at the Barbican in sufficient time prior to the start of an Event. Failure to arrive on time may result in admission being delayed or refused, without refund.
Every effort is made to admit latecomers in a suitable break at the Event, however, admission cannot be guaranteed in those circumstances, and is at the discretion of SMG and the Organiser.
The seat number specified on your Ticket only entitles you to a seat of a value corresponding to that stated on your Ticket. We reserve the right to provide an alternative seat to the one specified on your Ticket if it is not possible or desirable (due to operational or other reasons, and at our sole discretion) to allow you to occupy the seat specified on your Ticket.
Events may be age restricted. Notwithstanding any age restrictions, it is the responsibility of the accompanying adult to determine the suitability of the Event for any children attending. No refunds will be offered in circumstances where the accompanying adult decides, following the purchase of a Ticket, that the Event will not be suitable for any children for whom Tickets were purchased. Furthermore, no refunds will be offered in circumstances where the content of the Event, or the behaviour of other customers, causes offence to children or the accompanying adult.
6. FOOD AND BEVERAGE
A variety of food and beverages are available at the Barbican. Only food and beverage purchased at the Barbican may be consumed on the premises.
When purchasing alcohol, you may be asked for proof of age.
We reserve the right to refuse to serve you alcohol if we consider that you are intoxicated or likely to become intoxicated if we serve you.
7. OFFICIAL MERCHANDISE
Customers should be aware that official merchandise is only usually available for sale within the Barbican.
Customers are prohibited from selling or offering for sale, any items within the Barbican. This prohibition includes, without limitation, merchandise, tickets, food or beverages, cigarettes, e-cigarettes or any other prohibited items.
Customers are prohibited from displaying, promoting, or distributing, any advertising or promotional materials or messages, or any other materials containing religious, political or other messages liable to cause offence.
8. CANCELLATION OR POSTPONEMENT OF EVENT
The Organiser may make changes to the Event. Provided that the change is not material (for example it is a change to the performance time or supporting act), no refunds of tickets will be available.
SMG and the Organiser reserve the right to alter or vary the scheduled or advertised Event in the event of an unforeseen circumstance or the occurrence of any event or circumstance beyond its control (a “Force Majeure Event”). SMG shall not be liable for any damages, loss or disappointment arising from any alterations or changes made.
If the Event is cancelled, postponed or materially altered, you may be entitled to a refund of your Ticket from the ticket agent you purchased the Ticket from. Please see the ticket agent’s terms and conditions for more information. Any booking, service or administration fees charged by SMG are non-refundable.
If an Event is postponed and re-scheduled, your original Ticket will entitle you to attend the postponed and re-scheduled Event. It is your responsibility to check the date and time of any postponed or re-scheduled Event.
9. LIMIT OF LIABILITY
If you suffer loss and damage as a direct result of our negligence, our liability to you will be limited to an amount equal to the face value of the Ticket purchased by you for the Event. Under no circumstances will our liability extend to costs or losses incurred in connection with the Event, (including cancellation, postponement or rescheduling of an Event); travel, accommodation or hospitality arrangements; loss of enjoyment or disappointment.
SMG shall have no liability to you in the event the above loss or damage is caused by a “Force Majeure Event”, i.e an event beyond SMG or the Organiser’s control including (without limitation) any act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, flood, explosion, extreme weather conditions, medical emergency, theft of essential equipment, strike, lock out, malicious damage, or acts or regulations of national governments.
Nothing in these Terms excludes, or purports to exclude, our liability for death or personal injury caused by our negligence, nor from any other form of liability which cannot be excluded or limited in law.
If any part of these Terms are found by a Court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from the Terms and the remaining provisions of the Terms will otherwise remain in full force.
No act, delay or omission by SMG in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
SMG shall be entitled to assign any of its rights or obligations under these Terms.
These Terms will be governed by the law of England and Wales. Disputes will be submitted to the exclusive jurisdiction of the Courts of England and Wales.
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