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Last Updated: August 7, 2023
IMPORTANT NOTICE: THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
These Terms and Conditions (“Terms”) govern your access to and use of the online and offline services and offerings (collectively, “Services”) by Festival Fun Parks LLC dba Palace Entertainment, including our affiliates and subsidiaries (collectively, “Palace,” “we,” “us,” or “our”). These Terms apply to all Services, including any website or mobile application we make available to you, the purchase of tickets to theme parks or reservations of lodging at properties owned or operated or managed by Palace (such parks and properties are hereinafter each a “Park”) and your visit to or use of any services or facilities in the Parks.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and ”your” herein shall refer to that entity, its directors, officers, employees, and agents.
2. Modifications to these Terms
Palace reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. We will notify you of changes to these Terms by posting on our website, sending you a message, and/or otherwise notifying you. Except as explicitly provided otherwise herein or where additional notice is required by law, modifications shall be effective upon posting. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
3. Additional Policies
Purchases of tickets, passes, or other products related to the Services are further governed by our Additional Terms Governing Ticket Purchases.
Except as set forth below (“Additional Terms Governing Ticket Purchases”), you may use the Services only if you are 13 years of age or older and can form a binding contract with Palace, and only in compliance with these Terms and all applicable laws, rules, and regulations. By accessing or using the Services, you represent and warrant that you are 13 years of age or older or otherwise can form a binding contract with Palace.
If Palace has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
5. Rules and Prohibitions
Use of the Services is subject to rules and prohibitions, including the following:
Palace has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Palace may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
To report any violations of these Terms, please email us at PrivacyPolicy@palaceentertainment.com, Subject: Report Abuse.
6. Licenses and Proprietary Rights
Subject to your compliance with these Terms, Palace grants you a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to use the Services as it is provided to you by Palace solely for your personal and non-commercial use and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Services provided that you (a) do not modify the content in the Services; (b) retain any and all copyright and other proprietary notices contained in the content in the Services; and (c) do not copy or post content from the Services on any network computer or broadcast the content from the Services in any media. Palace may revoke this license at any time, in its sole discretion. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Palace or its licensors, except for the licenses and rights expressly granted in these Terms.
All right, title, and interest in and to the Services, are and will remain the exclusive property of Palace and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Palace and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Palace and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Palace and such others. Except as explicitly provided herein, nothing in these Terms gives you a right to use any brand name or any of the Palace trademarks, logos, domain names and other distinctive brand features. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
7. User Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content to or through the Services (“User Content”). By making available any User Content on or through the Services, you hereby grant to Palace a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Palace shall survive termination of the Services or these Terms. Palace does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Services by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Palace the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Palace's use of your User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that Palace may monitor or review User Content, but you understand it remains your sole responsibility to monitor your User Content and ensure that such edited User Content is accurate and consistent with your representations and warranties in these Terms.
Palace reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services or users, or for any other reason.
8. Copyright Infringement Claims – Notice and Procedure
When appropriate, Palace, at its sole and absolute discretion, may need to terminate and/or prohibit access to the Services to those who may be infringing upon the intellectual property rights of others. In the event any person or entity reasonably believes their intellectual property rights are being violated by a user of the Services or that their work is in any way being copied or reproduced without their permission within the Services, then the party whose intellectual property rights are purportedly being violated must provide notice to Palace as described herein. To be effective, the notification must be in writing and contain the following information:
Notices which meet all of these requirements will be considered “DMCA Notices” for purposes of Palace’s repeat infringer policy. Palace’s copyright agent for notice of claims of copyright infringement can be reached at the following:
Palace Copyright Agent
285 E. Waterfront Drive
Homestead, PA 15120
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice to the Copyright Agent above containing the following information to us at the contact information listed above:
If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. Palace reserves the right to remove or disable access to material on our websites or services that infringes upon the copyright rights of others. Palace will, in appropriate circumstances and at our discretion, terminate a user’s access to the Services if it is determined the user is a repeat infringer. A repeat infringer is a user for whom Palace has received multiple DMCA notifications. Palace, however, reserves the right in its sole discretion to terminate a user at any time for copyright infringement, even without receiving a DMCA notice.
Upon receiving a DMCA notice, Palace will provide a copy of the notice to the affected user. If the affected user provides Palace with a counter-notice that complies with this policy in response to the DMCA notice and the copyright owner providing the DMCA notice does not answer or during the course of legal proceedings a court finds that the Palace user has not infringed a copyright, the notice will not count as a notification for purposes of Palace repeat infringer policy. Likewise, if the copyright owner retracts his or her notice, it will not count as a DMCA notification under this policy.
9. Additional Terms Governing Ticket Purchases & Reservations
a. Park Tickets
Purchasing Tickets. The Services may enable you to purchase tickets (each a “Ticket”) for entry into or reservations for lodging (“Lodging Reservations”) at Parks. Parks may also have other features or events that require additional payment, such as parking reservations and cabana rentals (each, an “Add-On”). Tickets and Add-Ons are nonrefundable, nontransferable, revocable, and may not be redeemed for cash. Each Ticket admits one person subject to the restrictions listed on the Ticket or presented at the time of purchase (e.g. age limitations for Child Tickets, Senior Tickets or Blackout Dates). Orders for Tickets or Reservations are not accepted until confirmed with a confirmation number. Tickets may not be sold, bartered, or exchanged for goods, services, or benefits. Tickets are only valid for the date(s) specified on the Ticket. You must be at least 18 years of age to purchase Tickets. Lodging Reservations are subject to the cancellation and reservation policies presented at the time of booking. For use of Services (including Park admission) in Australia, your refund rights are limited to those available under Australian Consumer Law.
Ticket Cancellations. Palace shall have the right to cancel any Tickets at any time and for any reason, and provide an applicable refund. Tickets are nonrefundable unless cancelled by Palace. No refund shall be due if Palace cancels a Ticket due to misconduct or other violation of these Terms.
Park Admission. Park reservations are limited, subject to availability, public health orders, closures, restrictions, change, and cancellation at any time. Park admission is not guaranteed. Palace reserves the right to refuse admittance to any person or persons. We reserve the right to require you to provide valid identification to redeem a Ticket or Lodging Reservation. Palace is not responsible for any loss or inconvenience caused by computer or mobile device error, or unauthorized duplication or sale of any Ticket. In the event that duplicate Tickets are presented for admission, Palace reserves the right to refuse entry.
b. Park Features and Attractions
Offerings Not Guaranteed. Features within our Parks, including restaurants, attractions, entertainment, and services, may be subject to age, height and weight restrictions and may be modified or limited in capacity or availability. We are not responsible for such modifications or limitations, and we do not provide any refunds for such modifications or limitations.
Use of Your Likeness. Visitors to the Parks may be filmed or photographed. In addition, you may participate in activities and contests within Parks and provide information such as your name and demographic information. You consent to being filmed, photographed and/or recorded, with any retouching or alteration without restriction, and hereby grant Palace the unlimited right throughout the world in perpetuity to use your name, residency, voice, photo, likeness and/or other demographic information you provide, free of charge in any manner and for any purpose (including commercial purposes and sublicensing) in any media now known or hereafter developed, and waive my moral rights therein.
Dispute Resolution. All claims related to these Terms shall be subject to the Arbitration and Class Action Waiver section below.
c. Park Rules
In addition to any posted rules at a specific Park location or website (including Park Rules & Guidelines and Safety Guidelines) but not limited to you agree to the following Park rules:
d. WiFi Access
We may, through our providers, offer wireless Internet access to guests at certain Parks. Wireless Internet access is subject to the availability, capacity, and other operational limitations of the requisite network infrastructure and associated facilities. Temporary interruptions may occur, and you agree that Palace shall not be liable for such interruptions. You further acknowledge and agree that Palace has no control over third-party applications and websites which you may use or access during your use of wireless Internet access made available to you at a Park, and that delays and disruptions of other network transmissions are beyond our control.
WiFi Internet access is not inherently secure and wireless communications can be intercepted by certain third-party technologies. We will not be liable to you or any other party for any lack of security related to your communications on using our wireless Internet services.
e. COVID-19 and Infectious Disease Assumption of Risk and Liability Waiver
By purchasing a Ticket, you understand that any public location where people are present provides an inherent risk of exposure to COVID-19 or other infectious diseases, and Palace cannot guarantee that you will not be exposed during your visit.
This Section 9(e) is an acknowledgement and express assumption of risk and release of liability as it relates to the risks of being exposed to or contracting COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof), the coronavirus that causes COVID-19, or any other communicable and/or infectious disease, while visiting a Park. By purchasing a Ticket and entering the Park, you are acknowledging and confirming on your behalf, and on behalf of any individual who uses a Ticket you purchased to enter a Park (including any minor children), both now and in the future, that you understand and expressly assume the risk that during your visit you may be exposed to COVID-19, the virus that causes COVID-19, or other communicable and/or infectious diseases. You expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications, and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases. You further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable and/or infectious diseases, including, but not limited to, COVID-19 and the virus that causes COVID-19, that Palace cannot guarantee that you will not be exposed during your visit to a Park, and that as such, potential exposure to or contraction of COVID-19 or any other communicable and/or infectious diseases are risks inherent in your decision to visit a Park and cannot be eliminated. You further acknowledge and understand that if infected with COVID-19, the virus that causes COVID-19, or any other communicable and/or infectious disease, you may infect others you subsequently come in to contact with, even if you are not experiencing or displaying any symptoms of illness yourself, and that the risk of spreading COVID-19 to others remains even after the you depart a Park. The same is true for many other communicable and/or infectious diseases you may be exposed to during your visit.
You and Palace further agree that we intend this Section 9(e) to be a binding and full release of liability for negligence and/or the inherent risks associated with visiting any Park during an epidemic or pandemic with respect to any controversy, claim or dispute that may arise out of or during your visit to a Park that is related to exposure to or the contraction of any communicable and/or infectious disease, including, but not limited to, COVID-19 or the virus that causes COVID-19. In addition to the Release below, you agree that:
YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN) HEREBY RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE PALACE AND THE ADDITIONAL RELEASED PARTIES NOTED BELOW WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE AND/OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19 (OR THE VIRUS THAT CAUSES COVID-19), DURING YOUR VISIT TO THE PROPERTIES, OR DURING YOUR PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY PALACE, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE PROPERTIES DURING ANY EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. YOU FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO YOUR MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF THEIR VISITING THE PROPERTIES USING TICKET(S) YOU PURCHASED OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR VISIT TO A PARK. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED IN TO ON YOUR BEHALF, AS SET FORTH ABOVE, AND ALSO ON THE BEHALF OF ANY OTHER INDIVIDUAL WHO USES A TICKET PURCHASED BY YOU TO ENTER A PARK.
For purposes of this Section 9(e), you and Palace agree that the “Released Parties” shall include (a) Palace, (b) Palace’s parent, subsidiary and affiliated companies; (c) the respective employees, agents, shareholders and officers of the entities described in (a)-(b) above; and (d) the licensees, successors, assigns and heirs of the entities and individuals referred to in (a)-(c) above.
This acknowledgement and express assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.
Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback without any restrictions, attribution, or compensation to you; and (iv) irrevocably waive, and cause to be waived, against Palace and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your these Terms or the Services.
11. Links to Third-Party Sites or Resources
12. Warranties, Disclaimers, and Limitation of Liability
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, PALACE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any content thereon. Palace will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that Palace has no responsibility or liability for its deletion of, or the failure to store, retain, or transmit, any communications maintained by or transmitted through the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Palace or through the Services, will create any warranty not expressly made herein.
The Services are controlled and operated from Palace’s facilities in the United States and/or Australia. Palace makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and Australian and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States or Australia government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States or Australia.
IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF PALACE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, IN CONNECTION WITH THE SERVICES OR THESE TERMS, EXCEED (a) THE AMOUNT (IF ANY) PAID BY YOU TO PALACE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (b) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALACE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, INCLUDING SERVICES AVAILABLE AT ANY OF OUR PARKS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING AT ANY OF OUR PARKS; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PALACE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so if you are a resident of any of those jurisdictions, the limitations above may not apply to you.
13. Indemnification and Release
TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD PALACE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR VIOLATION OF THESE TERMS; (b) ANY OF YOUR USER CONTENT; AND (c) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES.
If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his settlement with the debtor or released party." This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
14. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
a. Initial Dispute Resolution
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.
b. Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other and/or your use of the Services, including your purchase or use of Tickets, shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration and Procedures, excluding any rules or procedures governing or permitting class or representative actions.
Except as set forth in herein, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay the applicable initiation fee (which in 2021 was $250) to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Palace to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Palace will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside of the United States, arbitration shall be initiated in the Allegheny County, Pennsylvania, United States of America, and you and Palace agree to submit to the personal jurisdiction of any federal or state court in Allegheny County, Pennsylvania, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
d. Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PALACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific paragraph is found unenforceable, then the entire “Binding Arbitration and Class Action Waiver” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy or form of relief (“Remedy Not Subject to Arbitration”), then that Remedy Not Subject to Arbitration (and only that Remedy not subject to Arbitration) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of Remedies Not Subject to Arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
e. Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
f. 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Festival Fun Parks LLC dba Palace Entertainment, 285 E. Waterfront Drive, Suite 150, Homestead, PA 15120 . The notice must be sent within 30 days of your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Palace also will not be bound by them.
g. Changes to this Section
Palace will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Palace does not have actual notice are subject to the revised clause.
15. SMS Terms
You may be given an opportunity to receive text messages from Palace. We or our service providers send text messages to: (1) provide you with information you requested from Palace; and (2) respond to your inquiries.
E-SIGN Disclosure. By agreeing to receive text messages, 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 Palace at PrivacyPolicy@palaceentertainment.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this 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 Palace at PrivacyPolicy@palaceentertainment.com with contact information and the address for delivery.
Costs of Signing Up for Palace Text Messages. Palace does not charge you for its 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.
Frequency of Text Messages. The specific amount of text messages you receive may vary depending on how you use the Services.
Participating Carriers. Content is not available on all carriers and carrier participation could change. The content is not compatible with all cell phone models. Palace will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
Eligibility. By signing up to receive Palace text messages, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these Terms. 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.
Opting Out of Palace Text Messages. If you no longer want to receive Palace text messages, you must reply STOP in response to any such text messages. You agree that texting “STOP” in response to our text message is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. We may send you a text confirmation of your opt-out. If you opt out of promotional text messages, we may still contact you about your transactions with us.
16. Modification or Discontinuation of Services
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services (or any portion thereof) and/or the information, materials, products and/or services available through this Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Services.
Governing Law and Venue. These Terms shall be governed in all respects by the internal substantive laws of Pennsylvania, without regard to its conflict of laws principles. For any dispute not subject to arbitration, you and Palace agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Allegheny, Pennsylvania. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Section Headings and Summaries. The section headings and summaries in these Terms are for convenience only and have no legal or contractual effect.
Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Palace’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Force Majeure. Neither Palace nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, pandemics, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Transferability and Assignability. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Palace without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
Notices. We may deliver notice to you by email, posting a notice on the Services, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by mail at the address listed in the paragraph below.
California Notice. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Contact us. If you have any questions regarding these Terms or the Services, please contact us by mail at 285 E. Waterfront Drive, Suite 150, Homestead, PA 15120 or by email at PrivacyPolicy@palaceentertainment.com.
18. Additional Terms for Users of the Services in Australia
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any liability under them), which by law may not be limited or excluded.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with any service, you are entitled to cancel any service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the good or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any used portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Where under the Australian Consumer Law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit our liability with respect to them, to the extent permissible by law, we limit our liability for any breach, at our option, to the repair or replacement of the products, or payment of the cost of repairing or replacing the products.