Terms of Membership

Membership is by request. We read every request and may accept or decline it at our discretion, without giving a reason. We do not decline requests on the basis of any characteristic protected by law.

You must be 21 or older, because alcohol is served at many of our events. Membership is open to residents of the United States, and is currently focused on New York City.

Directors Circle is an annual membership, offered as:

• Solo: for one member.
• Plus One: for one member, with a guest at anything you reserve.

Your membership term is 12 months from the date you are accepted. Membership is personal to you. It cannot be shared, transferred or resold.

With Plus One, you name a guest in the app. Your guest must be 21 or older. Before their first event, your guest will be asked to accept a short guest agreement covering embargoes, The Code and photography.

By naming a guest, you confirm that you have their permission to share their name with event hosts. You are responsible for your guest’s conduct.

• When you request to join, we save your card with our payment provider. You are not charged unless you are accepted.
• When you are accepted, we take the first payment and your membership begins.
• You can pay in one payment for the year, or be billed monthly. Monthly billing is 12 monthly payments for the same annual membership; it is not a month-to-month plan.
• Prices are shown before you request to join. The price shown is the full amount you pay.
• If a payment fails, we may pause your reservations until it is resolved.

Your membership renews automatically for another 12 months at the end of each term, at the price in effect at that time, using the payment method on file. We will email you between 15 and 45 days before each renewal, with the renewal date and price.

You can turn off renewal at any time in your account, online, in one step. Your membership then continues until the end of the current term, and you won’t be charged for another term. If you are billed monthly, the remaining payments for the current term are still due.

Membership fees are not refundable, including for unused time or events you didn’t attend, except:

• if we end your membership without cause, we refund the unused part of your term;
• if we stop operating, or substantially stop providing events, we refund the unused part of your term; and
• where the law requires a refund.

If we end your membership because you broke these terms or The Code, no refund is due.

Invitations are complimentary benefits of membership. They are not tickets, have no separate price and have no cash value. We offer them on a first-come basis or by curation, and never by chance.

You reserve invitations in the 5th Row app. We ask you to reconfirm 72 hours before an event and to cancel at least 48 hours ahead if you can’t attend. A late cancellation or no-show pauses new reservations for two weeks, and repeated no-shows may lead us to review your membership.

You may not sell, transfer, raffle or exchange an invitation for anything of value.

Events are hosted with studios, distributors, filmmakers and venues (“hosts”). Programmes may change, move or be cancelled at short notice, including by hosts. Appearances by filmmakers, cast or other guests are never guaranteed. A changed or cancelled event doesn’t entitle you to a refund of membership fees.

Some events have additional terms, such as a non-disclosure agreement required by the studio. We show them when you reserve, and they apply to that event. The host of an event you have reserved may contact you about that event. Venues may apply their own rules, including ID checks, bag checks and security screening, and you agree to follow them.

Many screenings take place before release and under embargo. You agree:

• not to photograph, film or record any screening, or any part of an event where we or the host ask you not to;
• not to share details, images, reviews or spoilers of embargoed material until the embargo lifts; and
• to put away or hand over devices when asked.

Recording a film in a theatre is a crime under federal law (18 U.S.C. §2319B) and New York law (Penal Law §275.32). If you break this section, we may end your membership immediately. We and the host may also seek a court order to stop further disclosure, and we may cooperate with the studio and the authorities.

You agree to follow The Code. We expect courtesy toward members, guests, hosts, talent and staff. You must not approach, follow, photograph or pressure filmmakers, cast or other guests in a way that disturbs them, or harass anyone. Please drink responsibly.

We may refuse entry, ask you to leave an event, or suspend or end your membership for conduct we reasonably consider inconsistent with these terms or The Code.

We and our hosts may photograph or film events. You consent to being photographed and filmed at events, and to our use of those images for 5th Row’s editorial, social and promotional channels, without payment. We will ask for your separate permission before using an identifiable image of you in paid advertising.

If you’d rather not appear, tell our team at the event or email legal@5th-row.com, and we will avoid using identifiable images of you where we reasonably can.

If you send us feedback, survey answers, reviews or other content, you give us a free, worldwide, non-exclusive licence to use, adapt and share it, including with the hosts of the events it relates to.

Keep your sign-in details secure; you are responsible for activity on your account. We grant you a personal, non-transferable licence to use the app for your membership. You may not copy, scrape, reverse-engineer or interfere with our services. We may update or change features.

City guides, collections and recommendations are for information only. Restaurants, bars, hotels and venues are independent businesses. We are not responsible for their services, and your dealings with them are between you and them.

Our name, logo, design, text, images and video belong to us or our licensors and are protected by law. You may not use them without our permission.

Events take place at third-party venues, and venues are responsible for their premises. You attend at your own risk and are responsible for your own conduct, belongings and drinking.

Our services are provided “as is”, to the extent the law allows. We are not liable for indirect, incidental, special or consequential damages, or for lost profits or data. Our total liability for any claim is limited to the membership fees you paid us in the 12 months before the claim.

Nothing in these terms excludes or limits our liability for gross negligence or wilful misconduct, or for personal injury or property damage caused by our negligence where the law doesn’t allow it to be limited, including under New York General Obligations Law §5-326.

You agree to reimburse our reasonable losses and costs, including legal fees, that arise from your breach of these terms, your guest’s breach of the guest agreement, or your misuse of our services.

18.1 Talk to us first. Before starting a claim, email legal@5th-row.com with a description of the dispute. We will both try in good faith to resolve it within 30 days.

18.2 Arbitration. If the dispute isn’t resolved, it will be decided by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and its Consumer Minimum Standards. The arbitration will take place in New York County or the county where you live, or by video. We will pay the fees JAMS requires a business to pay. The Federal Arbitration Act governs this section.

18.3 Individual claims only. You and we each bring claims only individually, not as a plaintiff or class member in any class, collective or representative action. You and we each waive the right to a jury trial.

18.4 Many similar claims. If 25 or more similar claims are filed by or with the help of the same law firm or group, they will be handled in batches of no more than 10 at a time. A single arbitrator may decide each batch, and the remaining claims are paused until earlier batches are resolved. This doesn’t affect anyone’s right to bring a claim.

18.5 Exceptions. Either of us may bring a qualifying claim in small-claims court. Either of us may ask a court for an order to stop infringement of intellectual property or a breach of Section 9.

18.6 Opting out. You can opt out of arbitration by emailing legal@5th-row.com within 30 days of first accepting these terms, with your name and a statement that you are opting out.

18.7 Changes. Any change to this section applies only to claims that arise after the change.

18.8 Law and courts. These terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Any claim not subject to arbitration will be brought in the state or federal courts in New York County.

We may update these terms. For material changes, we will email you or notify you in the app at least 30 days before they take effect. If you don’t agree, you can turn off renewal, and the earlier terms will apply until the end of your current term.

• Force majeure: we are not responsible for failures caused by events beyond our reasonable control.
• Severability: if any part of these terms is unenforceable, the rest remains in effect.
• Entire agreement: these terms, the Privacy Policy, The Code and any event terms are the whole agreement between us.
• No waiver: if we don’t enforce a right, we haven’t waived it.
• Assignment: you may not transfer these terms. We may transfer them as part of a merger, acquisition or sale of our business.
• Electronic communications: you agree to receive notices by email and in the app.
• Survival: the sections on fees owed, embargoes, feedback, liability, indemnity and disputes continue after your membership ends.

If you need help using our site or app, or an accommodation at an event, email legal@5th-row.com.

5th Row, Inc., New York, NY · hello@5th-row.com