Terms and Conditions

IMPORTANT NOTICE REGARDING ARBITRATION: YOU UNDERSTAND AND AGREE THAT THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 12 BELOW) THAT REQUIRES INDIVIDUAL ARBITRATION OF ALL CLAIMS AS SET FORTH IN THE ARBITRATION AGREEMENT. You will be bound by this Arbitration Agreement, unless you opt out following the opt-out procedures set forth below. By entering this agreement, you expressly acknowledge that you have read and understand all of its terms and have taken time to consider the consequences of this important decision.

All Sales Are Final

Please review our Terms and Conditions, which will govern purchases through the City Winery sites, including our refund and exchange policy. ALL TICKETS ARE NON-REFUNDABLE unless a show is canceled and store credit will be issued.

$25 Minimum Food and Beverage Spend

There is a $25 minimum food and beverage spend per person for all City Winery shows announced after January 15, 2025. All shows subject to the $25 minimum food and beverage spend per person clearly state this in the About section of the respective show page on citywinery.com.

Purchase Policy

No tickets, memberships, wine or other products purchased on City Winery's website are returnable or exchangeable for anything, including credit. All sales are final. Before purchasing tickets, it is your responsibility to carefully review your seat location, event, and performance date. When dining at our locations, all guests may be subject to a credit card pre-authorization.

COVID - 19 Policy

HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS arising from or relating in any way to the risk of contracting a communicable disease or illness (including exposure to COVID-19, a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), whether occurring before, during, or after the event, however caused or contracted, and hereby waives all claims and potential claims against City Winery to such risks.

Unlawful Resale

Purchasers are bound by the laws of the State of purchase, and City Winery reserves the right to pursue, to the fullest extent of the law, all penalties allowable for anyone caught counterfeiting, reproducing for sale, or altering tickets for unpaid or illegal entry into an event. We may also prohibit you from using the Site and revoke your Vinofile Membership privileges. Tickets unlawfully resold or attempted to be resold for profit, counterfeit or copied tickets may be seized and canceled without compensation. City Winery has the right to restrict or deny ticket purchasing privileges to anyone that we determine to be in violation of our policies. You agree not to sell for profit, reproduce for sale, alter, or counterfeit the ticket for any reason, and assume all financial liability for the copying of the user’s unique order number and ticket name. Unauthorized third party selling or bartering without consent of the artist or venue, is forbidden and can result in suspension or cancellation of Vinofile Membership and the right to purchase tickets for City Winery Events. Please contact the Local Box Office if you have any questions about transferring or reselling tickets or City Winery reserves the right to cancel your purchase without notice.

Mobile Communication/Mobile Ticketing via SMS

Mobile Ticketing/SMS is a free product and City Winery, City Vineyard or El Bar do not charge you to receive your tickets. Please keep in mind that your mobile service provider's standard rate for receiving text messages may apply. Upgrade opportunities, cancellations, wait-list ticket purchases, restaurant discounts and other details can be communicated through Email and Text messaging. Message frequency varies. You’re free to unsubscribe to any email and text communication in the future by texting STOP to opt-out. Carriers are not liable for delayed or undelivered messages. If you have any questions about the rate, please contact your service provider for more information.

Rejection and Ejection

Event staff reserves the right to refuse admission to, or eject, any person whose conduct the management deems to be disorderly or otherwise fails to comply with event rules. Breach of terms or rules will terminate your license to attend the event and will not result in a refund.

Opening Acts

Opening acts may sometimes tour with headlining performers. City Winery is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancelation at any time without notice. No refund will be given if an opening act is changed or canceled unless the venue or promoter approves it.You voluntarily assume all risks and dangers incidental to an Event, whether occurring before, during or after the Event, and you waive any claims for loss, damage, personal injury, illness or death against City Winery, the management of City Winery, any agent of City Winery, the performing artist(s), participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any minor accompanying you or for whom you purchased a Ticket.

Vinofile Membership

City Winery always makes a best attempt possible to release tickets to Vinofile Members early. However, there are sometimes instances when an artist insists their tickets go on sale to everyone at the same time. Vinofile Membership Renewal: Membership is automatically renewed annually, until members request to cancel. Annual membership is renewed for one year by payment of the membership fee in full in advance on the anniversary of the initial purchase. Annual Membership can be canceled prior to renewal by emailing [email protected] or contacting your local Box Office. Annual Membership refunds are available for up to 30 days after renewal. Vinofile Plus Membership is automatically renewed monthly, until members request to cancel after the first six months. Please note that Vinofile Plus membership requires a six month commitment. Cancellations within the first 6 months will incur a $150 cancellation fee. After the first six months, monthly membership is renewed for one month by payment of the membership fee in full in advance on the monthly anniversary of the initial purchase. Wine and other benefits not picked up or redeemed within six months are forfeited. All memberships must be paid in good standing and all past balances paid for any declined or expired credit card attempts.City Winery can not accept responsibility for damage to or loss of any personal property at an Event.

Credit Card. During the enrollment process you will provide a credit card to be used as your form of payment for your recurring subscription (“Subscription Card”). You may change your Subscription Card at any time by contacting [email protected].

Recurring Subscription. By enrolling in Vinofile or Vinofile Plus you agree that until you cancel your subscription, we may charge your Subscription Card on a recurring basis according to the frequency you selected. We will never charge you for an amount greater than the Maximum Price, plus applicable sales tax. You may cancel your subscription at any time by contacting [email protected].

Representations. You represent that you will not use any credit card or other form of payment unless you have authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card to make orders.

Wine Purchases

By completing this purchase I agree that I am over 21 years of age. Wine shipping is available for all states except AL, AR, KY, MI, MS, SD and UT. We cannot ship wine outside the United States. I agree that someone 21 years of age or older must be present to sign for the package at the destination. Our shipping company will not leave wine unattended and will return the product to City Winery after two attempts. Additional shipping fees will apply to re-ship the item.

Return Policy

No wine, memberships or other products purchased on City Winery's website are returnable or exchangeable. All sales are final. Virtual Wine Tasting Purchases

1. To ensure the best service in planning virtual wine tastings events, City Winery must receive a final delivery guarantee no later than five (10) business days prior to the Event date.

2. The final delivery guarantee may not fall below 90% of the contracted Guest Guarantee. If no delivery guarantee is given, the original estimated guarantee specified in the City Winery Event Agreement will be considered the delivery guarantee.

3. Payments. A Deposit equaling 50% of the Estimated Charges (which will be the Guaranteed Minimum Per Person times the Minimum Guest Count) is required at the time of booking. The 50% Deposit is nonrefundable once this Agreement is signed. Final payment is due at the time of shipping.

4. Cancellation. You may not cancel this Agreement once your custom order is produced. The option to reschedule an event is determined on a case-by-case basis, subject to availability, and not guaranteed.

5. Alcohol Service to Minors Someone over the age of 21 years of age must be home and able to provide identification prior to receiving the wines.

6. Taxes In addition to the Estimated Charges which includes the Administrative Fee, Client agrees to pay separately any and all federal, state, municipal or other taxes imposed on or applicable to your event. In the State of New York, Sales Tax is charged at a rate of 8.875%

7. Shipping City Winery will arrange for shipment on behalf of our customer, to an address in New York State. All wine deliveries must be signed for by an adult over the legal drinking age (21+). We cannot leave packages on your doorstep and we cannot ship to P.O. boxes. If a shipment is damaged or lost during transit it must be reported to City Winery within 5 business days of the expected delivery date. We will work with the appropriate courier to resolve the issue.

8. Inability to Perform. City Winery shall not be liable for its failure to perform or for limited or interfered performance or other cause beyond the reasonable control of the City Winery due to Acts of God, including, but not limited to, flood, tornado, earthquake, storm, lightning, fire, epidemic or war, national emergency, civil disturbance, riot, sabotage, terrorism, court order or machinery or equipment failure, labor troubles, disputes or strikes, government regulations, utility shortages, restrictions upon travel affecting transportation of foods, beverages or supplies; or any other cause, whether specifically enumerated herein or not, the same shall not constitute a breach of this Agreement by City Winery, and City Winery shall not be liable to Client for any loss as a result of a force majeure event. Client shall be responsible for all additional costs incurred to address any force majeure events impacting the staging of the Event. If, for example, an outdoor event is moved indoors due to rain (subject to space availability), You shall be responsible for all additional labor costs and any additional room rental charges (refer to Section 16. Inclement Weather Clause). Should any Act of God described in this section prevent City Winery from providing you with any services contracted herein, City Winery shall use reasonable efforts to provide you with a substitute date of commensurate value based on availability, and any amounts paid to City Winery shall be applied and credited to your payment obligations in connection with such substitute date.

9. Indemnification. To the extent permitted by law, you agree to indemnify, defend and hold harmless City Winery, and all of its officers, employees, directors, partners, and agents against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney's fees) (“Claims”), arising out of or connected with your function, except those claims arising out of the negligence or willful misconduct of City Winery. You further indemnify City Winery form all Claims related to a breach by you of this Agreement and you represent and warrant that your activities conducted at City Winery and in connection with the Event shall not infringe the patent, copyright or trademark rights or violate rights of privacy or publicity of any third party.

10. Promotional Considerations. We have the right to review and approve any advertisements or promotional materials in connection with your function which specifically reference the City Winery intellectual property, including but not limited to our name or logo. City Winery reserves the right to refuse approval of any material bearing its name, likeness or logo for any reason, in its sole discretion. 11. Attorney’s Fees. The parties agree that in the event that any dispute arises in any way relating to or arising out of this Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its reasonable attorney's fees and costs, plus pre and post judgment interest, as may be finally determined and awarded by the trier of fact.

12. ARBITRATION AGREEMENT, CLASS ACTION/JURY TRIAL WAIVER, AND DISPUTE RESOLUTION PROCEDURES (THE “ARBITRATION AGREEMENT”)

The law of the State of New York shall govern these Terms, without reference to its choice of law rules.

Class action/JURY TRIAL waiver: YOU AND CITY WINERY AGREE THAT EACH MAY BRING claims against the other only on an individual basis and not as a plaintiff or clASS member in any PURPORTED class, AGGREGATE, MASS, COLLECTIVE, or representative action or proceeding, AND THAT EACH ARE WAIVING THE RIGHT TO A TRIAL BY JURY. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and City Winery shall be deemed not to have agreed to arbitrate Covered Disputes (as that term is defined below). To the extent any claims are allowed to proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in New York City, New York, and the parties agree that the litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

MANDATORY BINDING ARBITRATION OF DISPUTES: YOU AND CITY WINERY AGREE THAT ALL COVERED DISPUTES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND CITY WINERY WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any controversy or claim arising under or related to the Services, related in any way to your relationship with City Winery with respect to the Services, these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the formation, breach, termination, interpretation, validity, scope, applicability, or enforceability of the Terms and this Arbitration Agreement and/or questions of the arbitrability of any controversy or claim brought by you or City Winery (collectively, “Covered Disputes”), whether such Covered Disputes arose before, on, or subsequent to you entering these Terms, shall be settled by binding arbitration if not resolved through the informal dispute resolution procedure set forth below. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. Covered Disputes are subject to this Arbitration Agreement whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory. Covered Disputes shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Rules & Governing Law: In the event of a Covered Dispute, you and City Winery each agree to send the other party a written notice of the Covered Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Covered Dispute; and the relief requested (“Notice of Dispute”). You must send any Notice of Dispute by mail at City Winery, PO Box 30083, New York, NY 10011. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and City Winery agree to attempt to resolve in good faith the Covered Dispute through informal negotiation within 30 days after the Notice of Dispute is received. After the end of that 30-day period and not before, you or City Winery may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, your right and City Winery’s right to bring an individual action in small claims court shall not require an attempt to first resolve the Covered Dispute through informal negotiation.

If the parties cannot resolve the Covered Dispute informally, you and City Winery each agree that the Covered Dispute shall be resolved exclusively through final and binding individual arbitration, rather than in court. All Covered Disputes shall be submitted to ADR Services, Inc. (“ADR Services”) for arbitration in the county in which you reside, by remote means, or another mutually agreeable location, and judgment on the arbitration award may be entered by any court of competent jurisdiction. The arbitration will be administered by ADR Services in accordance with its rules and procedures, including any supplementary rules and fee schedules then in effect (the “Rules”), except as modified by this Arbitration Agreement. ADR Services’ Rules are available at https://www.adrservices.com/services-2/arbitration-rules/. For information on how to commence an arbitration proceeding, you can contact ADR Services at www.adrservices.com. Notwithstanding the foregoing, either you or City Winery may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York, necessary to protect the intellectual property rights of you or City Winery pending the completion of arbitration.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that the Terms and this Arbitration Agreement evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and the Rules are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be resolved under the laws of New York.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. A form for initiating arbitration proceedings is available on ADR Services’ website at www.adrservices.com. Payment of all filing, administration and arbitrator fees will be governed by ADR Services’ Rules.

If 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, ADR Services shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in ADR Services’ Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class or mass arbitrations of any kind. City Winery reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a mass arbitration basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and City Winery shall be deemed not to have agreed to arbitrate Covered Disputes.

A single arbitrator will be selected in accordance with ADR Services’ Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator's decision must be with written explanation sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based, and must remain confidential.

If any provision of the agreement to arbitrate in this Section, or a portion thereof, is found unenforceable, the unenforceable provision or portion will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.

Opt-Out Procedures: You can choose to reject this Arbitration Agreement by sending City Winery a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms by email at [email protected] or by mail at City Winery, PO Box 30083, New York, NY 10011. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with City Winery.

If any Covered Dispute is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Covered Dispute shall be the federal and state courts of competent jurisdiction in New York City, New York.

Changes to Arbitration Agreement: City Winery may change this Arbitration Agreement, or the policies referred to herein, at its discretion. Notwithstanding the provisions of this Section, if City Winery changes any of the terms of the Arbitration Agreement after the date you first accepted the Arbitration Agreement (or accepted any subsequent changes to the Arbitration Agreement), you may reject any such change by sending City Winery a written notice of such rejection within 30 days of the date such change became effective, as indicated in the Effective Date above. This written notice must be provided by mail City Winery, PO Box 30083, New York, NY 10011.. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate Covered Disputes between you and City Winery in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Arbitration Agreement (or to any subsequent changes to the Arbitration Agreement).

13. Amendments The parties agree that any amendments or changes to the arrangements described in this Agreement must be made in writing, signed by both you and us.

14. Entire Agreement This Agreement, including these terms and conditions together with our BEO, and Invoice constitutes with exhibits attached (if any), constitutes the entire agreement between the parties, City Vineyard and Client.

15. Miscellaneous You cannot not assign any of your rights or obligations under this Agreement without City Vineyard’s prior written consent. We are acting in the capacity of an independent contractor to you. This Agreement will not be construed as creating any agency, partnership, joint venture or other form of joint enterprise, nor will it create an employment or fiduciary relationship between you and us, and neither party has the authority to contract for or bind the other party in any manner whatsoever. This Agreement is for solely for the benefit of the parties hereto. Nothing in this Agreement will confer on any other person or entity any legal or equitable rights, benefits or remedies of any nature whatsoever. This Agreement and all matters resulting from or arising from or in connection with this Agreement are governed by the laws of the State of New York, without regard to reference to any conflicts of law provisions, and any matter must be brought in such jurisdiction. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such other term or provision. No waiver by us of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by us. No failure on our part to exercise, or delay by us in exercising, any rights or remedies in this Agreement will operate as a waiver of such rights or remedies. Should this contract not be signed and executed by the Due Date as stated above, then this agreement will be considered null and void in its entirety. The Venue will have no responsibility to continue to hold Event Space on a tentative basis, or otherwise, any further beyond the Due Date.