Website and SMS Terms & Conditions

Count Basie Center for the Arts Logo
COUNT BASIE CENTER
WEBSITE TERMS OF CONDITIONS AND USE 

These terms and conditions are as of June 1, 2026.

TERMS AND CONDITIONS OF USE

The Count Basie Center for the Arts (including the Hackensack Meridan Health Theater, The Vogel, the Count Basie Center Turner Academy of the Arts, the Basie Center Cinema House and the Basie Presents Park Stage (collectively, the “Count Basie Center”, “we,” “us,” or “our”) provides these Terms and Conditions of Use of our website. We maintain this website as a service to our members and customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

  1. This Terms and Conditions of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of the Count Basie Center website (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by the Count Basie Center upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.thebasie.org. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
  2. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.thebasie.org.
  3. SMS Terms and Conditions. The provision and delivery of text messages by the Count Basie Center or our text message service providers is governed by our SMS terms and Conditions, below, which are expressly incorporated herein.
  4. Intended Audience. This website is intended for adults only. While most of the content found on our website is for general audiences, this website is not intended for any children under the age of 13. Accordingly, individuals who are less than 13 years of age should not use the Website and if you do use the Website, you represent and warrant that you are at least 13 years of age. In our sole and absolute discretion, we reserve the right to deny you access to the Website, or any portion of the Website, without notice.
  5. Ownership, Copyrights, Trademarks, Licenses. The Count Basie Center owns and retains all proprietary rights to the Count Basie Center’s website, service, trademarks, copyrights and other proprietary material, our (“Intellectual Property”). All content included on this site is and shall continue to be the property of the Count Basie Center or its content suppliers and is protected under applicable copyright, patent, trademark, trade dress, unfair competition and other proprietary rights. The compilation (i.e., the sourcing, arrangement and assembly) of all content on the website is the exclusive property of the Count Basie Center and is protected by U.S. and international copyright laws. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute our Intellectual Property or the proprietary information of the Count Basie Center website. Other product and company names mentioned on this Site may be trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any trademarks, copyrights or content by or through your use of this Site.
  6. Site Use. The Count Basie Center grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of the Count Basie Center, and we may terminate your use of this website at any time.
  7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website, whether within the United States or otherwise. The Count Basie Center makes no claims concerning whether the content of the website may be downloaded, viewed, or be appropriate for use outside of the United States. You further agreed that any information provided by you is truthful and accurate to the best of your knowledge.
  8. Audience Code of Conduct.The Count Basie Center encourages its patrons to enjoy and show their appreciation for every event. However, to ensure that audience behavior is appropriate to each performance and does not affect the right of other patrons to safely enjoy an event, the Count Basie Center has established the following policies regarding audience behavior.
    • Patrons shall respect other patrons, the performers, and the theatre staff, and shall not engage in behavior detrimental to the performance itself or the experience of the performance by other patrons.
    • During some performances, patrons may be asked to wait for a pause in the performance before being seated, or before moving about the theatre.
    • Patrons shall avoid blocking the view of other patrons. If the artist requests the audience to stand, patrons shall stand in front of their seats, and avoid blocking the view of patrons behind them.
    • Patrons shall refrain from using offensive, obscene, or disruptively foul language and gestures. Such behavior shall be subject to immediate ejection.
    • Patrons shall not throw objects. Such behavior shall be subject to immediate ejection.
    • Patrons shall provide their ticket on request; shall not occupy a seat for which they do not possess a valid ticket; shall not block the aisles, doorways or exit ways; and shall return to their seat on request.
    • Patrons shall not stand on the seats or any building structure.
    • Patrons shall refrain from taking videos or photographs without proper authorization or permission.
    • Patrons shall not smoke anywhere on the Count Basie Center campus, except for appropriately designated areas.
    • The Count Basie Center offers several full-service bars to patrons age 21 and older, serving beer, wine and spirits prior to and during performances. Patrons wishing to purchase or consume alcoholic beverages are required to show a valid, state issued ID. Patrons who choose to consume alcoholic beverages must do so responsibly.
    • Patrons shall not supply alcoholic beverages to underage patrons.
    • Patrons are not allowed to bring outside food or beverages into the Count Basie Center.
    • Patrons are encouraged to report inappropriate, offensive or disturbing behavior to the Count Basie Center House Staff.

The Count Basie Center staff will intervene as and when necessary, and patrons shall comply with all requests from the staff. The Count Basie Center reserves the right to eject patrons whose behavior             violates the Code of Conduct with or without warning and without refund.

  1. You agree to indemnify, defend and hold the Count Basie Center and our partners, trustees, officers, employees, consultants, advertisers and affiliates, harmless from any liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
  2. THE INFORMATION ON THIS SITE AND ANY PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE COUNT BASIE CENTER DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We shall not be subject to liability for any delays or interruptions of the website from whatever cause.

We do not warrant that the website will operate error-free or that the website or its servers are free of computer viruses or Similar contamination or destructive features. If your use of the website results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.

TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COUNT BASIE CENTER BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LOSS OF DATA, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE or inability to use the website, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. If you are dissatisfied with any portion of any of the website, any services or products, or with any of the agreement, your sole and exclusive remedy is to discontinue using the website.
  2. Use of Information. The Count Basie Center reserves the right, and you authorize us, to use and assign all information regarding your use of the Site and all information provided by you in any manner consistent with our Privacy Policy.
  3. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the Site;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Jonathan Vena, who can be reached as follows:

By Mail:

Jonathan Vena / Count Basie Center for the ArtS
99 Monmouth Street
Red Bank. NJ 07701

By Phone: 732-224-8778 x 107

By E-mail: jvena(at)thebasie.org

  1. Applicable Law and Venue. You agree that the laws of the state of New Jersey, without regard to conflicts of laws provisions will govern these Terms and Conditions of Use and any dispute that may arise between you and the Count Basie Center or its affiliates. Any court of competent jurisdiction sitting within the State of New Jersey will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement.
  2. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  3. The failure of the Count Basie Center to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Count Basie Center must be in writing and signed by an authorized representative of the Count Basie Center.
  4. The Count Basie Center reserves the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the website at any time without prior notice or liability.
  5. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  6. Entire Agreement. This Terms and Conditions of Use constitutes the entire agreement between you and the Count Basie Center and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Count Basie Center with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to our Privacy Policy and our SMS Terms and Conditions), guidelines, or rules that may apply when you use the website. The Count Basie Center may revise these Terms and Conditions of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use.
  7. Contact Information.

Count Basie Center for the Arts
99 Monmouth Street, Red Bank, New Jersey 07701
732-224-8778


COUNT BASIE CENTER
SMS TERMS AND CONDITIONS

The Count Basie Center for the Arts (including the Hackensack Meridan Health Theater, The Vogel, the Count Basie Center Turner Academy of the Arts, the Basie Center Cinema House and the Basie Presents Park Stage (collectively, “Count Basie”, “we,” “us,” or “our”) provides these SMS Terms and Conditions (the “SMS Terms”), which govern the provision and delivery of text messages by us and/or our text message service providers to you. We offer this service so that we or our service providers can send text messages to: (1) provide you with information you requested from us; (2) inform you of improvements, features, events, or Count Basie products and services that may be of interest to you; and (3) to respond to your inquiries regarding your account or relationship with us. We refer to our SMS text messaging program as our “SMS Program.”

  1. E-SIGN Disclosure

By agreeing to enroll in our SMS Program and/or receive text messages from us, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Count Basie at info@theBasie.org.

To view and retain a copy of this disclosure or any information regarding your participation in our SMS Program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at info@theBasie.org with your contact information and the address for delivery.

  1. Agreement and Consent to Receive Text Messages

You can provide us with your consent to receive text messages in multiple ways, such as by providing us with your phone number on our website, through communications or transactions with us, or by opting into receiving text messages. By providing your consent, you agree to these SMS Terms, the Count Basie Center for the Arts Terms and Conditions of Use and our Privacy Policy.

By providing consent, you authorize us and/or our agents to use automated or nonautomated technology to send text messages to the number associated with your consent. We may send you an initial message confirming your agreement to participate in our SMS Program. The types of text messages you will receive depend on the SMS campaign(s) you opt into. You understand that you are not required to receive our text messages as a condition of purchasing tickets, property, goods, or services from us. Wireless carriers are not liable for any delayed or undelivered messages.

  1. Costs of Signing Up for our SMS Program

Count Basie does not charge you for our text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

  1. Frequency of Text Messages

We may send you an initial message confirming that we have received your opt-in to receive our text messages. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services. The number of text messages you receive may depend upon factors including how you use our services and whether you take steps to generate additional text messages from us.

  1. Eligibility

By agreeing to participate in our SMS Program, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth herein as our SMS Program terms and the Count Basie Terms and Conditions of Use, which both form binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

  1. Opting Out of Count Basie Text Messages

To get help about texts from us, reply HELP to any text message delivery by us and/or our agents. To opt out of Count Basie texts from a specific phone number, you must text STOP to that number. We may not recognize other opt-out commands, and you agree that we are not responsible if you submit opt-out commands that do not comply with these SMS Program terms. You must separately opt out of each number from which you’ve provided us with consent to receive our texts. After we receive your “STOP” text, we may send you confirmation of your decision to opt-out via text message.

We may change the phone number or short code from which we send text messages. Opt-out and other requests sent to a phone number or short code that has been changed may not be received by us, and you agree that neither we, or our agents, are responsible for honoring requests sent to a phone number or short code that has been changed.

  1. Modifications to these SMS Terms

We reserve the right to modify these SMS Program terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued participation in our SMS Program shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

  1. Sales/Shares of Mobile Numbers

Your mobile number will not be shared with third parties/affiliates for them to conduct their own marketing/promotional activities, unless you have otherwise agreed. Text messaging consent will not be sold or shared with any third parties.

  1. Contact
    For more information, please contact us at info@thebasie.org.

Last Updated: June 1, 2026