Terms of Use for Producers

EASY BOX OFFICE EVENT TICKET SELLER/PRODUCER TERMS OF USE AND AGREEMENT

Event Producer and/or ticket seller agrees to all of the following Easy Box Office 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 "producers". Producers using Easy Box Office ticket selling services agree and understand these terms are a legal, binding and enforceable agreement. Producer agrees they are an authorized agent 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 Easy Box Office to fully refund tickets to ticket purchasers. Easy Box Office will assist law enforcement in prosecuting any fraudulent use of Easy Box Office ticket sales services, and will legally seek any and all compensation for damages due to fraudulent representation.

2. Easy Box Office - Easy Box Office is an independent company providing ticketing services for event producers and venues. Easy Box Office is not affiliated with any event producers or others providing services or events ("producer") for which tickets are purchased. Easy Box Office is solely acting as an agent between producer and ticket purchaser for specific events. Easy Box Office assumes no liability incidental to the event for which tickets are sold or purchased.

3. Scope of Agreement and Amendments - This agreement is limited to the individual event for which producer is using Easy Box Office ticket sales services (with exception to terms in section 10 of this Agreement "Event Cancellation", if it applies). Easy Box Office reserves the right to change or modify the producer terms of use and agreement at any time for subsequent events.

4. Amendments - Easy Box Office reserves the right to amend this specific agreement for ticket sales to event(s), and will notify producer 30 days prior to any change or modification.

5. Event Promotion and Advertising - This Agreement does not obligate Easy Box Office 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 for which tickets are sold.

6. Ticket Pricing - For most events, Easy Box Office provides producers with ticket sales services with no initial fees or start-up charges. 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

a. Easy Box Office will charge $.06 for every $1.00 plus $.30 of the face value of each event ticket as a service fee.  These fees are charged to ticket purchasers in addition to the ticket face value, including but not limited to tickets sold via the Easy Box Office website.

b. Should producer choose, a third party entity may provide ticketing service through Easy Box Office 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, Easy Box Office, and the third party.

8. Point of Sale Terminals - In addition to on-line ticket sales, Easy Box Office 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 Easy Box Office point of sale terminals. Event producer understands and agrees that point of sale terminal locations may change at any time and/or that Easy Box Office may cease to offer point of sale terminal ticket sales for any and/or all events.

9. 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. In the event of over sales of tickets, producer agrees the full ticket price, plus all Easy Box Office services fees ($.06 for every $1.00 plus $.30 of the face value of each event ticket), will be refunded to ticket purchasers holding unused tickets. Producer further agrees that producer is responsible for the full ticket price and refunded service fees for refunded tickets due to over sale, and that said totals will be deducted from total face value ticket sale amounts to be paid to producer. Easy Box Office reserves the right to withhold payment to producers for no more than 90 days for events where tickets were over sold in order to provide refunds as necessary.

10. Event Cancellation - Producer agrees to notify Easy Box Office immediately after the decision to cancel an event is made. Easy Box Office reserves the right to issue full refunds to ticket purchasers, including service fees, for the cancelled event. Producer agrees that if an event is cancelled and full refunds are issued to ticket buyers, producer will pay Easy Box Office for any and all service fees originally charged to the ticket buyer, and additional costs (i.e. 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 cancelled 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 Easy Box Office an additional $1.00 (one US dollar) per replacement ticket out of the original ticket face value, to cover Easy Box Office costs for replacement tickets and expenses.

11. 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 Easy Box Office 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.

12. Change of Event Venue - 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. Should a ticket purchaser request a refund due to an event venue change, producer agrees to pay Easy Box Office 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 a change in the event venue.

13. Ticket Refund Policy - Producer agrees that at the event ticket purchaser's request, and at Easy Box Office' sole discretion, Easy Box Office may refund the face value of event tickets purchased through Easy Box Office until ticket sales for that event end. Event ticket sales are final after sales have ended and the final sales list has been sent to producer.

14. Account Settlement - Easy Box Office will send payment for tickets sold by Easy Box Office to producer within 10 business days after event end date. All payments will be for the face value of tickets sold only, minus any service fees or costs to producer for ticket over sales (see Ticket Availability and Over Sale Charges terms above), cancelled 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 Easy Box Office for any other scheduled event or contractual agreement between Easy Box Office and Producer, Producer agrees that Easy Box Office may offset any such outstanding balances with funds from this event prior to paying Producer.

15. Box Office - Producers may choose to use Easy Box Office Box Office services to sell tickets in addition to Easy Box Office website, telephone, and point of sales terminals. Producer takes full responsibility for use of producer's box office ticket sales. Easy Box Office 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, due to fraud, negligence, errors committed by producers or their representatives, and/or any other reason when using the box office account.

16. 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. Easy Box Office 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 purchasers 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 will call tickets for an event, but the order was not processed or there was an error. Easy Box Office 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 Easy Box Office 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, Easy Box Office 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.

17. Indemnification

a. At its own expense, producer agrees, acknowledges, and understands it will indemnify and hold harmless Easy Box Office, 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 Easy Box Office 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 Easy Box Office 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 Easy Box Office. 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) Easy Box Office, 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.

18. 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.

19. Disputes

a. Mediation. Easy Box Office and Producer shall make a good faith effort to resolve any dispute arising under this Agreement. Regarding any such dispute which is not resolved after a good faith effort at resolution, the parties may not bring any legal or administrative claim against the other party unless the claim is first presented for non-binding mediation before a single mediator under mutually agreed rules, or in the absence of such agreement, the applicable Mediation Rules of the American Arbitration Association. Mediation is an express condition precedent to the institution of a lawsuit on any dispute arising under this Agreement.

b. Governing Law and Venue. The parties agree that any dispute will be governed by the laws and codes of the State of California, United States. The parties further agree that in the event any legal action is instituted, by either party, jurisdiction and venue will be in Alameda County, California.

20. 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.

21. Effective Date - These terms, conditions and policies are effective as of January 1, 2010.