TERMS AND CONDITIONS

These Terms and Conditions govern the Passport subscription program (the “Passport Program”) provided by Marcus Theatres Corporation (“Marcus Theatres”). Purchase or use of any membership in the Passport Program at any time subjects the Purchaser or user to these Terms and Conditions, as they may be amended from time to time without notice.

1. The Passport Program.

a. The Passport Program permits individuals to purchase a Passport subscription card (the “Passport”) that may be used to gain admission to an unlimited number of movie showings at participating Marcus Theatre locations during the term of their subscription, subject to the restrictions described below. Passports are personalized and issued in the name of the user, so when visiting a participating Marcus Theatre a Subscriber must present the Passport along with a matching photo identification card. Passports are issued to individual Subscribers and may not be shared among friends or family members.

b. The Passport may be used to gain admission to 3D and UltraScreen movie presentations, and for reserved seating. The ticket received when using the Passport to gain admission will be the ticket that corresponds to the ticket category and price for the movie the Subscriber seeks to gain admission to. For example, if the Passport Subscriber is an adult attending an evening show, the Subscriber will receive a ticket for one adult evening admission at the prevailing nondiscounted ticket price.

c. A Subscriber may present the Passport when purchasing concession items and if a subscriber does present the Passport when purchasing concession items, the Subscriber will receive six percent (6%) discount on that concession stand transaction.

d. The Passport, along with a matching photo identification card, must be presented each and every time a Subscriber wishes to use a Passport to purchase a movie ticket and no refunds will be issued for prior purchases. Any exceptions are made at the sole discretion of Marcus Theatres and an exception made at any one time does not obligate Marcus Theatres to make a same or similar exception at a future time.

2. Purchase. Passports are sold online only at www.marcustheatres.com/passport. At the time of purchase, the Purchaser (the “Purchaser”) will be asked for the name of the person the Passport is to be issued to (the “Subscriber”) and the Passport will be inscribed with that person’s name. Passports may be purchased for use as gifts; however, Passports are nontransferable and may be used only by the individual whose name appears on the Passport. Passports ship free of charge and will be delivered approximately 4-6 business days after the date of order. Passports are not available for purchase at any Marcus Theatre.

3. Payment.The subscription fee for the Passport is Twenty Five and 00/100 Dollars ($25.00) per month for a required twelve (12) month term. The $25 subscription fee includes state sales tax, where applicable. At the time of purchase, the Purchaser will choose either to pay on a monthly basis or to make a one-time payment for the entire 12-month subscription term. Regardless of what method is selected, payment must be paid by credit card.

a. Monthly Payment. If the Purchaser chooses to pay monthly, Purchaser’s credit card will be charged $25.00 on the day of purchase and $25.00 on the same day of the month each month thereafter. Following the required 12-month term, the Passport subscription will renew automatically on a month-to-month basis. Purchaser may cancel the Passport subscription effective any time after the required 12-month term by providing at least thirty (30) days advance written notice to Marcus Theatres either by email or postal mail at the following addresses:

passport@marcustheatres.com
Marcus Theatres Corporation
Attn: Passport Program
100 East Wisconsin Avenue, Suite 2000
Milwaukee, Wisconsin 53202

b. One-time Payment. If the Purchaser chooses to make a one-time payment for the entire 12- month subscription, Purchaser’s credit card will be charged the sum of Three Hundred and 00/100 Dollars ($300.00) on the day of purchase. Following the required 12-month term, the Passport subscription will automatically terminate. There is no discount for paying the subscription fee for the entire 12-month term in advance.

4. Subscription Term. The Passport Program consists of a twelve (12) month subscription term that commences on the day of purchase. The subscription fee will not be cancelled or reduced if a Subscriber does not use the Passport; the subscription fee is the same regardless of how many movies a Subscriber sees in a given month, even if the Subscriber does not see any movies at all. Passport subscriptions, except as otherwise provided by law, may not be cancelled by Purchasers or Subscribers for any reason during the 12-month subscription term.

5. Restrictions.

a. A Subscriber may use the Passport to gain admission to only one movie at a time. Once a Subscriber has used the Passport to obtain admission to a movie, the Subscriber may not use the Passport to obtain admission to another movie until after the first movie has ended. Subscribers must return to the box office and present the Passport and picture ID to obtain a movie ticket for each showing.

b. The Passport may be used seven (7) days per week, three hundred sixty five (365) days per year. Passports are nontransferable and may only be used by the individual Subscriber whose name appears on the Passport. A photo identification card must be presented along with the Passport each time the Passport is used.

c. The Passport may not be used to obtain movie tickets at lobby kiosks; the Passport must be presented at the box office along with a picture ID to gain admission to a movie.

d. Tickets received are non‐refundable and may not be exchanged for another movie showing. No refunds or substitutions will be given for unused tickets. If a movie cannot be shown due to mechanical difficulties or other reasons beyond the control of Marcus Theatres, no refunds will be given and instead, in most circumstances, the issued movie ticket will be voided at the box office and then the Passport may be used to obtain admission to another movie.

e. The Passport may not be used to gain admission to Special Engagements such as the Metropolitan Opera showings, Fathom Events, live presentations or other non‐movie events and presentations. Special Engagements will be designated as such as the Marcus Theatres box office and in show time listings on www.marcustheatres.com. Further, the Passport is valid only for regularly scheduled movie showings and may not be used to gain admission to special advance screenings, rentals, film festivals or other events or movies not presented by Marcus Theatres Corporation.

f. The Passport may not be used in conjunction with other coupons or special offers including, without limitation, buy-one, get-one free offers.

g. The Passport may be used by Subscribers in discounted categories such as members of the armed services, seniors and children and may be used to gain admission to discounted movie showings such as matinees and family film series; provided, however, that the Passport has no cash value and even if the admission price is discounted for any reason, the Passport is only valid for one movie at a time in accordance with these Terms and Conditions.

h. All movie showings are subject to usual restrictions such as age and rating restrictions and Marcus Theatres’ rules and policies as they may exist from time to time.

i. Employees of Marcus Theatres Corporation or any of its subsidiaries, and persons domiciled with such employees, including, without limitation, family members, are not eligible to purchase a Passport.

6. Advance Sales. The Passport may only be used to purchase tickets at a participating Marcus Theatre for a movie shown on the same day the tickets were purchased. The Passport may not be used to purchase movie tickets online and no advance sales of any kind are available. Holding a Passport does not guarantee a Subscriber admission to a particular movie or showtime; movie ticket sales are limited to the available capacity in a given auditorium for a particular movie showing and are sold on a firstcome, first-served basis. It is not until the Subscriber purchases a movie ticket using the Passport, that the seat will be reserved and confirmed for the title and showtime selected. If the title and showtime the Subscriber wants to see is not available, Marcus Theatres will not be held responsible.

7. Participating Marcus Theatres® Locations.

The Marcus Theatres locations at which the Passport may be used, which locations are subject to change without notice, are as follows:

Marcus Cinemas Crosswoods 200 Hutchinson Avenue, Columbus, Ohio 43235
Marcus Cinemas Pickerington 1776 Hill Road North, Pickerington, Ohio 43147
Eastgate Cinemas 5202 High Crossing Blvd, Madison, WI 53718
Point Cinemas 7825 Big Sky Drive, Madison, WI 53719
Century Cinema 3931 9th Avenue SW, Fargo, ND 58103
West Acres Cinema 4101 17th Avenue SW, Fargo, ND 58103
Safari Value Cinema 925 30th Avenue South, Moorhead, MN 56560

8. Eligibility;
Purchaser and Subscriber Representations and Warranties. By purchasing a Passport, the Purchaser represents and warrants that he or she is at least eighteen (18) years old and legally capable of entering into a binding contract. In addition, if the Purchaser is purchasing the Passport on behalf of another, the Purchaser further represents and warrants that the Subscriber they are purchasing the Passport for is at least thirteen (13) years old and if the Subscriber they are purchasing the Passport for is between the ages of thirteen (13) and seventeen (17) Purchaser represents and warrants that if Purchaser is not such Subscriber’s parent or legal guardian, such Subscriber’s parent or legal guardian has specifically consented to such Subscriber’s receipt and use of the Passport. Marcus Theatres does not knowingly collect information about individuals under 13 years of age. Purchasers and Subscribers must be individuals; businesses and other types of groups or entities are not eligible. Other exclusions may be made at the discretion of Marcus Theatres.

9.Default;
a. First Default. If a Purchaser chooses to pay for the Passport subscription monthly as described in Section 3.a. above and at any time during the twelve month subscription term that Purchaser's credit card is declined for any reason, then Marcus Theatres will attempt to contact the Purchaser by phone and by email at the telephone number and email address provided at the time of purchase and if Purchaser fails to make the overdue monthly payment within one business day of the date of the credit card decline then Marcus Theatres will de-activate that Purchaser's Passport. Purchasers are solely responsible for updating their contact information by contacting Marcus Theatres as described in Section 20 below. If Purchaser fails to make the overdue monthly payment within fourteen (14) days of the date of the credit card decline, Marcus Theatres will send Purchaser an addtional email norifying Purchaser again of the missed payment. If Purchaser has not made the overdue monthly payment within twenty eight (28) days of the date of the credit card decline, Marcus Theatres will exercise all its rights and remedites available at law including, without limitation, the use of a colleciton agency and the entire remaining amount due under Purchaser's twelve month subscription will become immediately due and owing. Purchaser's Passport will remain de-activated until such time a Purchaser makes the overdue payment(s). The subscription term will not be extended to account for the portion of the subscription term a Passwport ws deactivated due to a Purchaser default in payment as described in this Section 9.
b. Third Default. If a Purchaser's credit card is declined for any reason and such credit card decline is the third credit card decline for that Purchaser, the entire remaining amount due under Purchasers' twelve month subscription will become immediately due and oweing with the same process outlined in Section 9.a. otherwise applying to Marcus Theatres' attempts to collect the amount owed.
c. Future Subscriptions. For any Purchaser who has at any time been more than twenty eight (28) days overdue in making a monthly payment, the option to pay monthly for a future Passport subscription, whether or not the Subscriber is the same as for the previous subscription, will not be available.