City Winery Terms and Conditions
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. ALL SALES ARE FINAL.
No tickets, memberships, wine or other products purchased on City Winery's website are returnable or exchangeable. All sales are final. Before purchasing tickets, it is your responsibility to carefully review your seat location, event, and performance date.
COVID - 19 Policy
By attending this City Winery event in all locations, you attest that you answer “NO” to the following questions:
- In the past 14 days have you been diagnosed with COVID-19 or been asked to quarantine?
- In the past 10 days have you had new or worsening symptoms such as a fever, shortness of breath, persistent cough, sinus congestion or runny nose (not attributed to allergies), loss of taste/smell, headache, sore throat, severe muscle aches, fatigue, or nausea/ vomiting/diarrhea?
- In the past 14 days, have you had close contact or high-risk exposure to someone with an active or suspected case of COVID-19? This includes being less than 6’ away for more than 15 minutes in a 24 hour period or direct contact with mucus or saliva.
- In the past 10 days have you been asked to get a COVID-19 test due to symptoms or risk of exposure and are still waiting for the results or received an inconclusive result?
- If you had a severe case of COVID-19, are you within 20 days of your last symptom?
For City Winery New York City shows only I hereby certify, represent and warrant as follows:
I have received a COVID-19 Vaccine in the last 12 months.
I have received a negative diagnostic test result for COVID-19 using a Food and Drug Administration (FDA) or DOH authorized polymerase chain reaction (PCR) or other nucleic acid amplification test (NAATs) of comparable analytical sensitivity performance that was performed on a specimen (e.g., swab) collected within 72 hours of the performance/event start time.
I have proof of a negative test result for COVID-19 from an FDA- authorized antigen test within 6 hours of the performance/event.
Vaccinated - masks are not mandated.
Not vaccinated - masks are required.
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.
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, 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, 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. City Winery is a ticketless venue and tickets are held under the name designated by the purchaser. 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 Ctiy Winery doesn't 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. You’re free to unsubscribe to any email and text communication in the future. 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 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.
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.
City Winery can not accept responsibility for damage to or loss of any personal property at an Event.
FOR 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.
No wine, memberships or other products purchased on City Winery's website are returnable or exchangeable. All sales are final.
Virtual Wine Tasting Purchases
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. 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 Vineyard, 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 Vineyard. You further indemnify City Vineyard form all Claims related to a breach by you of this Agreement and you represent and warrant that your activities conducted at City Vineyard 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 Vineyard’s intellectual property, including but not limited to our name or logo. City Vineyard 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. The parties agree that subject to the exclusion of intellectual property matters as set forth below, any dispute in any way arising out of or relating to this Agreement will be resolved by arbitration before JAMS or American Arbitration Association in the City and State of New York; provided, however, a dispute relating to patents, trademarks, trade dress, copyrights, trade secrets, false advertising, false representation, unfair competition and/or infringement of intellectual property rights shall not be subject to this provision. The parties further agree that in any arbitration proceeding they may conduct reasonable discovery pursuant to the arbitration rules, that the law of New York State will be the governing law, and any arbitration award will be enforceable in state or federal court.
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.
1. Information Collected
A. Information You Give Us
City Winery receives and stores any information you choose to enter on the City Winery web site, or provide us in any other way, such as by telephone or by electronic mail. This information may include your name, address, e-mail address, and/or telephone number. We also collect from you certain information such as your credit card number and billing address when you order products through the City Winery web site.
B. Automatic Information
Certain applications in City Winery web site invoke a standard feature found in web browser software called "cookies." "Cookies" are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognize your browser, track the progress of e-commerce transactions, and to allow you to move from one page to the next without having to re-enter personal order information. We do not use or share information transferred through cookies with third parties for marketing or other purposes. Although most Web browsers automatically accept cookies, you can change the configuration of your browser to prevent this from occurring. Of course, we recommend that you leave cookies "turned on" so that we can offer you more personalized service.
2. Use of Information Collected
A. Electronic Mail
If you bought a ticket, you will be added to certain mailings by City Winery for future concerts and events.
B. Sharing With Third Parties
I. General: If we request demographic information, we will not share information about you as an individual with any other entity. If we do share demographic information with third parties, we will give them aggregate information only.
II. Agents and Service Providers : City Winery engages other companies and individuals to perform services on our behalf. Examples of these services include processing credit card payments, providing order fulfillment and customer services, sending postal mail and e-mail to you, and analyzing data. While these agents and service providers may have access to your personal information in connection with the performance of services for City Winery, they may not use such information for any purpose other than providing such services to City Winery.
III. Protection of City Winery and Others: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our User Agreement; or protect the rights, property, or safety of City Winery, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
IV. Business Transfers: As we continue to develop our business, we might sell all or certain of our assets. In such transactions, your personal information may be one of the transferred business assets.
3. How Secure is Information About Me?
City Winery works to protect the security of your information during transmission by using Secure Sockets Layer ("SSL") software, which encrypts information you input. If you make a purchase via the City Winery web site, we will use your credit card number only to process your payment and will not use it for marketing purposes. For reasons of security, credit card information is not stored on our Web Server. We will retain order information for our records, but this information is never shared with third parties.
5. Ticket Processing Fee: The ticket processing fee and all other fees charged on this event are for
the administration, operations, and other expenses associated with this event (including but not
limited to the ticketing and sales platforms), and will be retained by City Winery.
We do not knowingly collect personal information from any children under 13. Any portion of the City Winery web site intended for children under 13 will not request any personal information.
7. Conditions of Use, Notices, and Revisions
If you choose to interact with the City Winery web site, your visit and any dispute over privacy is subject to this privacy notice. Our business changes constantly. Accordingly, this notice may change, and use of information that we gather now is subject to the privacy notice in effect at the time of use. You should check the City Winery web site periodically to see recent changes.
9. How to contact us
By purchasing seats marked as ADA Accessible, you acknowledge that you require the ADA compliant features of these seats.
c/o Legal Department/City Winery
New York - 25 11th Avenue, NEW YORK NY, 10011 | (646)-751-6033
Chicago - 1200 W RANDOLPH ST, CHICAGO IL, 60607 | (312)-733-9463
Nashville - 609 LAFAYETTE STREET, NASHVILLE TN , 37203 | (615) 324-1010
Atlanta - 650 NORTH AVENUE, PONCE CITY MARKET, ATLANTA, GA, 30308 | 404-946-3791
Boston - 80 BEVERLY STREET, BOSTON, MA, 02114 | 617-933-8047
Washington D.C - 1350 OKIE ST NE, WASHINGTON, DC, 20002 | 202-250-2532
City Winery Terms and Conditions