TICKET TERMS, CONDITIONS, AND RELEASE OF LIABILITY

The Magician New York

Last Updated and Effective as of: May 23, 2026

SENSORY AND IMMERSIVE EFFECTS — PLEASE READ BEFORE PURCHASING. The Magician New York is a live, intimate, immersive theatrical experience for audiences ages 18 and over. The Show uses bright, intense, and flashing lights (including strobe effects); sudden transitions between light and darkness; dark and dimly lit spaces; theatrical haze, smoke, and fog; loud or sudden sounds; and close-proximity, interactive engagement with performers, including audience participation, physical contact (such as handshakes or the brief handling of objects), and the use of personal items as part of magic effects. If you have a photosensitive condition or epilepsy, a heart, respiratory, or back/neck condition, anxiety, PTSD, claustrophobia, sensory sensitivities or neurodivergence, motion sickness, mobility limitations, are pregnant, or have any other condition that may make these effects unsafe or unsuitable for you, please carefully consider whether attendance is appropriate before purchasing a Ticket. Audience participation is voluntary and at your own risk.

IMPORTANT — READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR PURCHASE OF TICKETS TO, AND YOUR ATTENDANCE AT, THE MAGICIAN NEW YORK (THE "SHOW"). IT INCLUDES A RELEASE AND WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, A LIMITATION OF REMEDIES, A BINDING INDIVIDUAL ARBITRATION PROVISION, AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

BY PURCHASING A TICKET, ACCEPTING A TICKET FROM ANOTHER PERSON, OR ENTERING THE VENUE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, ON BEHALF OF YOURSELF AND EACH PERSON ATTENDING WITH YOU.

1. Parties; Definitions

This Ticket Terms, Conditions, and Release of Liability Agreement (this "Agreement") is entered into between theory11 events LLC (the legal entity producing the Show, together with its affiliate theory11, collectively, "theory11"), as producer of the Show, together with Dan White (collectively, "Producer," "we," "us," or "our"), and the individual who purchases a Ticket, accepts a Ticket from another person, or enters the Venue (the "Holder," "you," or "your").

"Show" means The Magician New York, a live, immersive theatrical magic performance.

"Venue" means 281 Park Avenue South, New York, NY, and any related premises in which the Show is produced or any rescheduled or relocated performance is held.

"Ticket" means any ticket (whether physical, digital, or otherwise), pass, voucher, wristband, QR code, or other authorization granting entry to a specific performance of the Show.

"Related Persons" means each person attending the Show with Holder (including any guest), and the heirs, executors, administrators, next of kin, personal representatives, successors, and assigns of Holder and each such person.

"Released Parties" means (i) Producer (including theory11 events LLC, theory11, and Dan White); (ii) the Venue and its direct and indirect owners, landlords, lessees, sublessees, licensees, and sublicensees; (iii) each of Producer's and the Venue's respective direct and indirect parents, subsidiaries, affiliates, joint venturers, administrators, designees, licensees, and assigns; (iv) all third parties performing services at the Venue or for the Show, including ushers, hosts, ticket-takers, security personnel, medical personnel, food and beverage staff, cleaning and concession personnel, technical and production staff, and contractors and subcontractors of any of the foregoing; and (v) all officers, directors, owners, members, managers, partners, employees, agents, insurers, representatives, successors, and assigns of any of the foregoing, in each case whether past, present, or future, and whether in their institutional or personal capacities.

2. Age Requirement; Authority to Bind

The Show is intended for audiences ages 18 and older. By purchasing a Ticket or entering the Venue, you represent and warrant that you are at least 18 years of age. Persons under 18 will not be admitted, including with a parent or guardian.

If you purchase Tickets on behalf of, or attend the Show with, any other person, you represent and warrant that (a) you have the authority to bind each such person to this Agreement, (b) you have communicated the terms of this Agreement to each such person, and (c) you have obtained their agreement to be bound. You are responsible for the conduct of, and compliance by, all Related Persons.

Identification. Producer and the Venue reserve the right to require government-issued photo identification (such as a passport, driver's license, or non-driver ID) upon entry to verify age and identity. Admission may be refused, without refund, to any person who is unable or unwilling to provide acceptable identification, or whose identification does not establish that the person is at least 18 years of age.

3. Tickets; Revocable License; Refusal of Admission

Each Ticket is a revocable license that grants the holder one-time entry to a specific performance of the Show at a specific date and time, and a seat or assigned area within the Venue. The license is revocable at any time, with or without cause, by Producer or the Venue.

Producer and the Venue reserve the right, in their sole discretion and without refund, to refuse admission to, or to remove from the Venue, any person whose conduct is deemed disorderly, intoxicated, abusive, threatening, unsafe, disruptive, or otherwise inconsistent with the enjoyment of the Show by other guests or the orderly operation of the Venue, or who fails to comply with this Agreement, the Venue's house rules, or the lawful instructions of Producer's or the Venue's personnel.

4. Pricing; Fees; Currency

All Ticket prices are stated in U.S. dollars. Service fees, processing fees, taxes, gratuities, food and beverage minimums, and other charges may apply on a per-Ticket or per-order basis and will be disclosed during the purchase process. All prices are subject to change at any time prior to purchase; the price you pay is the price displayed at the time you complete your purchase.

5. Ticket Limits; Anti-Bot

Producer may impose limits on the number of Tickets that may be purchased per transaction, per Holder, per credit card, per email, or per billing address. Ticket limits are posted during the purchase process. Producer reserves the right to cancel any order found, in its sole discretion, to violate any applicable Ticket limit, including orders associated with the same name, email, billing address, credit card, IP address, or other identifying information.

Producer further reserves the right to deny access to Tickets and the ticket sales platform if Producer detects use of a robot, spider, automated browser, scraper, or other manual or automated device, tool, or process used to retrieve, reserve, purchase, index, or data-mine Tickets.

6. Order Confirmation

Following your purchase, you will receive an order confirmation number and a confirmation email. If you do not see a confirmation page, do not receive a confirmation email, or experience an error message or service interruption after submitting payment information, it is your responsibility to contact us promptly to confirm whether your order was completed. Producer is not responsible for losses (monetary or otherwise) resulting from your assumption that an order was or was not placed.

7. No Resale; Authorized Channels

Tickets may not be resold, offered for resale, or transferred for commercial gain. Tickets purchased in violation of this prohibition, or that Producer in good faith believes have been resold above face value or obtained through fraudulent means, may be canceled without refund and the holder denied admission. Producer is not responsible for any Ticket obtained from any source other than authorized channels, including counterfeit or duplicate Tickets; only the first Ticket presented for a specific seat will be honored.

8. Refunds, Exchanges, Cancellations, and Changes

No Refunds; No Exchanges. Except as expressly provided in this Section 8, all Ticket purchases are final. Tickets may not be exchanged or refunded for any reason, including a Holder's inability or decision not to attend (whether due to illness, transportation, weather, personal emergency, or otherwise). It is your responsibility to confirm the correct date, time, and location before purchasing.

Cancellation by Producer. If Producer cancels a performance and does not reschedule it or offer a comparable alternative, eligible Holders will be entitled to a refund of the Ticket price (excluding service or processing fees, except where required by law). Refunds will be issued only to the original method of payment.

Changes to Performance. Producer reserves the right, in its sole discretion, to modify the date, time, location, content, cast, programming, run-time, or other particulars of any performance, including substituting performers. A change in performance details is not, by itself, grounds for a refund.

Latecomers. Late-arriving guests will be seated at the discretion of Producer or the Venue and may be denied admission or directed to an alternate seating location, in each case without refund.

9. Conduct at the Venue; House Rules; Search

You agree to comply with all applicable laws and Venue house rules, and with all lawful directions of Producer's and the Venue's personnel. Without limiting the foregoing, you shall not:

(a) bring weapons (including firearms, knives, and martial-arts implements), illegal drugs, outside food or beverages, glass containers, or other prohibited items into the Venue;

(b) consume alcohol to the point of intoxication, or engage in disorderly, abusive, threatening, harassing, or unsafe conduct;

(c) interfere with the performance or the experience of other guests, including by speaking out of turn, heckling, or using a mobile device in a manner that disturbs the performance;

(d) tamper with, climb on, remove, or damage any props, set pieces, fixtures, equipment, decor, or other property at the Venue; or

(e) refuse reasonable screening of your person or belongings as a condition of entry.

Search. You consent to reasonable screening of your person and belongings upon entry to the Venue. You may decline screening, in which case admission will be refused without refund.

10. No Unauthorized Recording; Confidentiality of Magic Effects

No Recording. The unauthorized photography, audio recording, video recording, livestreaming, broadcast, or other reproduction of the Show, in whole or in part, is strictly prohibited. By entering the Venue, you agree not to capture, transmit, distribute, sell, broadcast, post, or publish any description, account, photograph, audio, video, or other reproduction of the Show (other than personal, non-public still photographs taken in pre-show or post-show areas where expressly permitted), and not to aid or facilitate any third party in doing so. Breach of this Section automatically terminates the Ticket license, and you may be removed from the Venue without refund and required to delete any unauthorized recordings.

Confidentiality of Magic Effects. The Show contains original creative material, magic effects, illusions, methods, and techniques that are valuable trade secrets and protected intellectual property of Producer and its creative collaborators. You agree not to disclose, describe, reveal, replicate, reverse-engineer, or attempt to expose the methods, mechanics, or secrets of any magic effect or illusion in the Show, by any means and in any medium, including social media, online forums, podcasts, video, or print. The Show's outcome, surprises, and reveals are likewise confidential — please do not spoil the experience for future audiences.

Remedies. You acknowledge that monetary damages alone may be inadequate to remedy a breach of this Section, and that Producer shall be entitled to seek temporary, preliminary, and permanent injunctive relief, in addition to any other remedies available at law or in equity, for any such breach.

11. Recording of Guests; Publicity Release

The Show and the Venue may be photographed, filmed, audio-recorded, or otherwise recorded by Producer or by parties authorized by Producer, for production, archival, promotional, marketing, social media, broadcast, and other purposes. By entering the Venue, you grant Producer and its designees, successors, licensees, and assigns the irrevocable, perpetual, worldwide, royalty-free right to record, use, reproduce, edit, distribute, display, perform, broadcast, and exploit your name, likeness, image, voice, statements, and conduct (collectively, "Likeness") captured at the Venue, in any medium now known or hereafter devised, without further consent, notice, credit, or compensation. You waive any right to inspect or approve any such use and any claim for invasion of privacy, right of publicity, defamation, or any other claim arising out of such use.

12. Immersive Performance; Audience Participation; Special Effects

You acknowledge that the Show is an intimate, immersive theatrical experience that takes place in an environment that may include, without limitation: dark and dimly lit spaces; sudden or rapid transitions between light and darkness; bright, intense, or flashing lights, including strobe and other rapidly changing lighting effects; theatrical haze, smoke, fog, and other atmospheric effects; scents; loud, sudden, or sustained sounds, music, and sound effects; theatrical pyrotechnics and special effects; close audience proximity to performers; audience participation and audience selection; sustained eye contact; physical contact (such as handshakes or the brief handling of objects); movement within the Venue, including the use of stairs, narrow passageways, and uneven or unfamiliar flooring; rapid environmental or scenic transitions; confined or disorienting spaces; use of personal items (such as cards, rings, signed objects, or mobile phones) as part of magic effects; costumed performers; and other production elements typical of live immersive performance.

Holders with photosensitive conditions or epilepsy, heart conditions, back or neck conditions, respiratory conditions, motion sickness, claustrophobia, anxiety disorders, post-traumatic stress disorder (PTSD), sensory sensitivities or neurodivergence, mobility limitations, pregnancy, or any other relevant medical, physical, or psychological condition should carefully evaluate whether attendance is appropriate, and may contact us before purchasing with any questions. Audience participation is voluntary and at your own risk.

Compliance with Performer and Staff Instructions. For the safety and enjoyment of all guests, performers, and staff, you agree to comply with any verbal or non-verbal instructions given by performers, hosts, or staff during the Show, including instructions about where to sit or stand, where to look, what (if anything) to handle, and how to interact (or not interact) with performers, props, and other guests.

Surveillance. Video surveillance is in operation throughout the Venue for security, safety, and operational purposes.

13. Assumption of Risk

HOLDER, ON BEHALF OF HOLDER AND ALL RELATED PERSONS, FULLY UNDERSTANDS AND KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY ASSUMES ALL RISKS, HAZARDS, AND DANGERS — WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED — INCIDENT TO ENTRY INTO, PRESENCE AT, AND PARTICIPATION IN ACTIVITIES IN, AT, AND AROUND THE VENUE, INCLUDING WITHOUT LIMITATION:

(a) EXPOSURE TO COMMUNICABLE DISEASES, BACTERIA, VIRUSES, OR ILLNESS, INCLUDING WITHOUT LIMITATION COVID-19, INFLUENZA, AND OTHER RESPIRATORY OR INFECTIOUS DISEASES, WHICH ARE INHERENT WHEREVER PEOPLE GATHER AND CANNOT BE ELIMINATED BY ANY POLICIES, PRECAUTIONS, OR PROTOCOLS;

(b) PERSONAL INJURY, ILLNESS, DISABILITY, EMOTIONAL DISTRESS, AND OTHER SHORT-TERM OR LONG-TERM PHYSICAL OR PSYCHOLOGICAL HARM, INCLUDING DEATH;

(c) HARM RESULTING FROM AUDIENCE PARTICIPATION, MOVEMENT THROUGH THE VENUE (INCLUDING USE OF STAIRS, NARROW PASSAGEWAYS, AND UNEVEN OR UNFAMILIAR FLOORING), RAPID ENVIRONMENTAL OR SCENIC TRANSITIONS, OR INTERACTION WITH PERFORMERS, PROPS, FURNITURE, OR OTHER GUESTS, INCLUDING ACCIDENTAL OR INCIDENTAL CONTACT WITH OTHER ATTENDEES, SEPARATION FROM COMPANIONS, OR THE NEGLIGENT, RECKLESS, OR OTHERWISE UNSAFE CONDUCT OF OTHER PATRONS;

(d) REACTIONS TO LIGHTING (INCLUDING BRIGHT, INTENSE, FLASHING, STROBE, OR RAPIDLY CHANGING LIGHTS, AS WELL AS DARK OR DIMLY LIT ENVIRONMENTS AND SUDDEN TRANSITIONS BETWEEN LIGHT AND DARKNESS), HAZE, FOG, SMOKE, ATMOSPHERIC EFFECTS, SCENTS, LOUD OR SUDDEN SOUNDS, MUSIC, SPECIAL EFFECTS, OR PYROTECHNICS;

(e) EMOTIONAL DISTRESS OR PSYCHOLOGICAL DISCOMFORT ARISING FROM IMMERSIVE EFFECTS, SUDDEN ENVIRONMENTAL CHANGES, CONFINED OR DISORIENTING SPACES, OR PROXIMITY TO PERFORMERS OR OTHER GUESTS;

(f) LOSS, DAMAGE, OR THEFT OF PERSONAL PROPERTY; AND

(g) ANY OTHER RISK, HAZARD, OR DANGER ARISING FROM HOLDER'S PRESENCE AT, OR PARTICIPATION IN ANY ACTIVITY AT, THE VENUE,

IN EACH CASE WHETHER CAUSED IN WHOLE OR IN PART BY THE ACTIONS, INACTIONS, OR NEGLIGENCE OF HOLDER, ANY OF THE RELEASED PARTIES, OR ANY THIRD PARTY, AND WHETHER OCCURRING BEFORE, DURING, OR AFTER THE SHOW, AND WHETHER INSIDE OR OUTSIDE OF THE VENUE. HOLDER ACCEPTS PERSONAL RESPONSIBILITY FOR ATTENDANCE AT AND VOLUNTARY PARTICIPATION IN THE SHOW.

14. Release, Waiver, and Covenant Not to Sue

HOLDER, ON BEHALF OF HOLDER AND ALL RELATED PERSONS, HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES (AND COVENANTS NOT TO SUE OR INITIATE OR PARTICIPATE IN ANY ACTION AGAINST) THE RELEASED PARTIES FROM AND WITH RESPECT TO ANY AND ALL CLAIMS, LIABILITIES, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF EVERY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, FIXED OR CONTINGENT (COLLECTIVELY, "CLAIMS"), THAT HOLDER OR ANY RELATED PERSON MAY NOW HAVE OR HEREAFTER ACCRUE AGAINST ANY RELEASED PARTY, ARISING OUT OF OR RELATING IN ANY WAY TO:

(a) HOLDER'S OR ANY RELATED PERSON'S PURCHASE OF A TICKET, TRAVEL TO OR FROM THE VENUE, ENTRY INTO OR PRESENCE AT THE VENUE, OR PARTICIPATION IN THE SHOW;

(b) ANY OF THE RISKS, HAZARDS, OR DAMAGES IDENTIFIED IN SECTION 13 (ASSUMPTION OF RISK), INCLUDING EXPOSURE TO COVID-19 OR OTHER COMMUNICABLE DISEASES;

(d) ANY INTERACTION BETWEEN HOLDER AND ANY PERSONNEL OF ANY RELEASED PARTY; OR

(e) ANY GOVERNMENTAL, PUBLIC HEALTH, OR REGULATORY REQUIREMENT, OR ANY CHANGE THERETO, AS IMPLEMENTED OR ENFORCED BY ANY RELEASED PARTY (EITHER RETROACTIVELY OR PROSPECTIVELY),

IN EACH CASE WHETHER CAUSED BY THE ACTIONS, INACTIONS, OR NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE. NOTHING IN THIS AGREEMENT IS INTENDED TO RELEASE ANY CLAIM THAT CANNOT BE RELEASED AS A MATTER OF APPLICABLE LAW, INCLUDING CLAIMS FOR GROSS NEGLIGENCE, WILLFUL OR INTENTIONAL MISCONDUCT, OR FRAUD, WHERE SUCH RELEASE IS PROHIBITED BY LAW.

15. Indemnification

Holder agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Holder's or any Related Person's breach of this Agreement; (b) Holder's or any Related Person's misconduct, negligence, or violation of law at the Venue; (c) any damage caused by Holder or any Related Person to the Venue, the Show, or any Released Party's property; or (d) any unauthorized recording or disclosure in violation of Section 10.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE TO HOLDER OR ANY RELATED PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TICKET, OR THE SHOW, REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TICKET, OR THE SHOW SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY HOLDER FOR THE TICKET(S) AT ISSUE.

17. Force Majeure

Producer shall not be liable for any failure or delay in performance arising out of or relating to acts of God, fire, flood, earthquake, severe weather, war, terrorism, civil disturbance, riot, strike or labor dispute, government order or restriction, epidemic, pandemic, public health emergency, communicable disease outbreak, utility failure, power outage, communications failure, supply chain disruption, or any other event beyond Producer's reasonable control. In the event of any such occurrence, Producer may, in its sole discretion, cancel, postpone, reschedule, or modify any performance, and Holder's sole and exclusive remedy shall be as set forth in Section 8.

18. Governing Law

This Agreement is governed by and will be construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles.

19. Binding Individual Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND LIMITS THE WAY YOU CAN SEEK RELIEF.

(a) Agreement to Arbitrate. Except as expressly provided below, Holder and Producer agree that any and all Claims between Holder (or any Related Person) and any Released Party, whether arising under contract, tort, statute, regulation, or otherwise, shall be resolved exclusively by mandatory, confidential, final, and binding individual arbitration administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the "JAMS Rules").

(b) Federal Arbitration Act. This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"). The FAA applies because the Released Parties engage in transactions involving interstate commerce.

(c) Single Arbitrator; Authority. The arbitration shall be conducted before a single neutral arbitrator. All issues are for the arbitrator to decide, including the threshold question of arbitrability and the formation, scope, validity, and enforceability of this arbitration agreement, except that issues relating to the enforceability of the Class Action Waiver in subsection (e) shall be decided by a court of competent jurisdiction.

(d) Remedies; Award. The arbitrator shall have the power to award any individual remedies, including reasonable attorneys' fees and costs, available under applicable law. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The award may be vacated or modified only on the grounds specified in the FAA or other applicable law.

(e) Class Action Waiver. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator may not consolidate Claims or preside over any form of representative, mass, or class proceeding. If this Class Action Waiver is held to be unenforceable as to any particular Claim or any particular remedy, that Claim or that remedy (and only that Claim or remedy) shall be severed from the arbitration and may be brought in court, while all other Claims and remedies shall continue to be subject to arbitration.

(f) Venue; Hearing. Any arbitration hearing shall take place in New York County, New York, unless the parties agree otherwise in writing or the arbitrator determines under the JAMS Rules that a different location is more appropriate.

(g) Carve-Outs. Notwithstanding the foregoing, either party may (i) bring an individual claim in small claims court, if eligible, or (ii) seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or trade secrets, including the magic effects and methods described in Section 10. The parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any such proceedings.

(h) Notice of Dispute; Informal Resolution. Before initiating any arbitration, the party asserting a Claim shall send a written Notice of Dispute to the other party — to Holder at the email address used for the Ticket purchase, and to Producer at legal@theory11.com — describing the Claim and the relief sought. The parties shall attempt in good faith to resolve the Claim informally for at least sixty (60) days following delivery of the Notice of Dispute before initiating arbitration. Any statute of limitations and any filing-fee deadlines shall be tolled while the parties engage in this informal resolution process.

(i) Right to Opt Out. Holder may opt out of this arbitration agreement (but no other provision of this Agreement) by sending a written notice to legal@theory11.com within thirty (30) days after first being presented with this Agreement, stating Holder's full name, the email used for the Ticket purchase, and a clear statement that Holder elects to opt out of arbitration. Opting out does not affect any other provision of this Agreement, including the Class Action Waiver to the extent applicable.

20. Notices; Electronic Acceptance

Holder consents to receive notices and communications from Producer electronically, including by email to the address provided at the time of Ticket purchase. Notices to Producer may be sent to legal@theory11.com. You agree that this Agreement may be accepted electronically (including by clicking, checking a box, completing a purchase, or entering the Venue), that such electronic acceptance has the same force and effect as a handwritten signature, and that this Agreement satisfies any legal requirement that a contract be in writing.

21. Assignment

You may not assign or transfer this Agreement, or any rights or obligations under it, without Producer's prior written consent. Producer may freely assign this Agreement, in whole or in part, to any affiliate or to any successor in interest by merger, acquisition, reorganization, or sale of assets. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns.

22. Entire Agreement; Modifications

This Agreement, together with the Venue's house rules and any policies referenced in or linked from the Ticket purchase process, constitutes the entire agreement between Holder and Producer with respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings, communications, and agreements, whether written or oral, relating to that subject matter (including, without limitation, the prior Ticketing Terms & Conditions and the prior Release & Waiver of Liability Agreement). Producer reserves the right to modify this Agreement at any time by posting the revised version on the Show's website. Modifications apply to Ticket purchases made and Venue entries occurring on or after the effective date of the revised version. Continued purchase of Tickets or entry into the Venue after a modification constitutes acceptance of the revised Agreement.

23. Severability; No Waiver; Headings

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be deemed severable to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No failure or delay by Producer in exercising any right under this Agreement shall operate as a waiver of that right. Section headings are for convenience only and do not affect interpretation.

24. Acknowledgment

HOLDER ACKNOWLEDGES THAT HOLDER (A) HAS HAD A REASONABLE OPPORTUNITY TO READ AND REVIEW THIS AGREEMENT; (B) UNDERSTANDS THAT THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY, AN ASSUMPTION OF RISK, A LIMITATION OF REMEDIES, A BINDING ARBITRATION PROVISION, AND A CLASS ACTION WAIVER; (C) IS ENTERING INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY; AND (D) HAS HAD THE OPPORTUNITY TO CONSULT INDEPENDENT LEGAL COUNSEL OF HOLDER'S CHOOSING BEFORE AGREEING TO IT.

Customer Service: contact@themagicianonline.com
Legal Notices: legal@theory11.com