PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER YOUR TICKET(S) AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION.

Due to the impact of the global COVID-19 pandemic, the terms applicable to your purchase of tickets includes the usual Purchase Agreement (“Purchase Agreement”) as well as these Supplemental Terms (“Supplemental Terms”).

Should Cirque du Soleil determine, in its sole discretion, after the date of your purchase that seating capacity for the show will be revised, including, without limitation, due to physical distancing requirements related to the COVID-19 pandemic, Cirque du Soleil will have the right to cancel your tickets. Accordingly, please understand that by purchasing tickets, you are not guaranteed admission to the show if seating capacity is revised.

Further, Cirque du Soleil may also determine, in its sole discretion, to cancel, reschedule or postpone the show. If the show is cancelled or postponed, for whatever reason, the terms of the Purchase Agreement shall apply.

Due to the uncertainty related to COVID-19, your admission is subject to all safety and health requirements and policies put in place by governmental authorities, Cirque du Soleil and the Venue (as defined below), including requirements relating to face masks and enhanced health screenings and the policies and requirements described in these Supplemental Terms. Such policies and requirements, as they may be updated from time to time due to the evolving nature of the pandemic (in the sole determination of Cirque du Soleil and/or Venue), may be communicated to you prior to or during the show, whether orally or in writing (collectively, “Safety Requirements”). You acknowledge and agree to comply with the Safety Requirements and understand that your attendance to the show is conditioned on such compliance.

You agree that neither you, nor anyone in your party, will attend the show if any one or more of the following is true on the day of such show:

• Within the prior 14 days, you have (or any person in your party or with whom you have had close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
• Within the prior 48 hours, you have (or any person in your party or with whom you have close contact has) experienced symptoms of COVID-19 (e.g., a fever, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19, as identified by governmental authorities);
• Within the prior 14 days, you have (or any person in your party or with whom you have close contact has) travelled to any state, province or international territory identified by governmental authorities as being subject to travel or quarantine advisories due to COVID-19.

You furthermore agree that you will not sell, transfer or otherwise provide any of your show tickets to anyone other than family with whom you have been sheltering (or other trusted acquaintances), unless you are selling, transferring or otherwise providing all tickets purchased through this transaction to another party.

BY PURCHASING A TICKET AND/OR SEEKING TO ATTEND THE SHOW, YOU EXPRESSLY ACKNOWLEDGE, ON BEHALF OF YOURSELF AND YOUR RELATED PERSONS (AS DEFINED BELOW) THAT AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PLACE WHERE PEOPLE GATHER AND THAT NO PRECAUTIONS (INCLUDING THE SAFETY REQUIREMENTS DESCRIBED ABOVE) CAN ELIMINATE THE RISK OF EXPOSURE TO COVID-19. COVID-19, TOGETHER WITH ANY MUTATION, ADAPTATION, OR VARIATION THEREOF, IS AN EXTREMELY CONTAGIOUS DISEASE WITH SEVERE REPERCUSSIONS. WHILE PEOPLE OF ALL AGES AND HEALTH CONDITIONS HAVE BEEN ADVERSELY AFFECTED BY COVID-19, CERTAIN PEOPLE HAVE BEEN IDENTIFIED BY PUBLIC HEALTH AUTHORITIES AS HAVING GREATER RISK BASED ON AGE AND UNDERLYING MEDICAL CONDITIONS. YOU THUS VOLUNTARILY AND KNOWINGLY ASSUME, ON BEHALF OF YOURSELF AND ALL RELATED PERSONS ALL RISK AND DANGER OF PERSONAL INJURY (INCLUDING DEATH), SICKNESS (INCLUDING ILLNESS) AND OTHER RISKS OF EXPOSURE TO COVID-19, OR ANY OTHER COMMUNICABLE DISEASE OR ILLNESS, WHETHER CAUSED BY A BACTERIA, VIRUS OR OTHER PATHOGEN AND ALL OTHER HAZARDS ARISING FROM, OR RELATED IN ANY WAY TO, THE SHOW, WHETHER OCCURRING PRIOR TO, DURING, OR AFTER THE SHOW, HOWEVER CAUSED AND WHETHER BY NEGLIGENCE OR OTHERWISE.

On behalf of yourself and your Related Persons (as defined below), you further hereby release (and covenant not to sue) each of the Released Parties (as defined below) with respect to any and all claims that you or any of your Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) your exposure to COVID-19; (ii) your entry into, or presence within or around, the Venue at which the show is presented (including all risks related thereto, and including without limitation in lobbies, parking areas or entry gates) or compliance with any protocols applicable to the show; or (iii) any interaction between you and any personnel of any of the Released Parties; in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.

“Related Persons” means your heirs, assigns, executors, administrators, next of kin, anyone attending the show with you (which persons you represent and have authorized you to act on their behalf for purpose of these Supplemental Terms), and other persons acting or purporting to act on your or their behalf.

“Released Parties” means (i) Cirque du Soleil and any of its affiliates; (ii) the direct and indirect owners, lessees and sublessees of the venue at which the show is held and adjacent and related premises (including, without limitation, parking areas and lobbies) (“Venue”); (iii) all third parties performing services at the Venue; (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, contractors, sub-contractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.

You and Cirque du Soleil both agree that any and all disputes, including any claims made by you against Cirque du Soleil must be arbitrated on an individual basis only. You hereby waive any right to litigate or arbitrate any claim as a class action, representative action or class arbitration against Cirque du Soleil and its affiliates.

If any provision or part of these Supplemental Terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these Supplemental Terms remain valid and binding.

In the event of a direct conflict or inconsistency between the terms of the Purchase Agreement and these Supplemental Terms, these Supplemental Terms will apply.

Last update: 2022-11-01