Updated September 10, 2021

These Terms of Sale (these “Terms”) apply to the purchase and sale of tickets, passes, tour bookings and any other products, and services (each, an “Item”) by you (or by another on your behalf) from Herschend Adventure Holdings, LLC or its subsidiaries (referred to herein as “PJT”, “us”, “we”, or “our” as the context may require)whether the Item was purchased in person or through the telephone (an “On-Site Purchase”), or through a website or a mobile application operated by PJT (the “Online Service”). Purchases of Items from PJT whether an On-Site Purchase or a purchase using the Online Service are referred to herein as a “Purchase” or “Purchases”. These Terms are subject to change by PJT without prior notice at any time, in our sole discretion.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE EXTENT PERMITTED BY LAW.

BY MAKING A PURCHASE OF AN ITEM FROM HERSCHEND (EACH, AN “ORDER”), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE.

  1. Modification of these Terms of Sale. We may revise these Terms from time to time, and you should review these Terms to which you are bound at the time of placement of an Order.

  2. Order Acceptance and Cancellation. You agree that your Order is an offer to buy, under these Terms, all Items listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the Items to you. We may choose not to accept Orders at our sole discretion. For example, for Orders made using the Online Services, we may choose not to accept your Order even after we send you a written confirmation with your Order number and details of the Items you have Ordered, as your payment must be received by us before our acceptance of an Order.

  3. Prices and Payment Terms. Prices posted on the Online Service or at one location may be different from prices offered by us at other locations. All prices, discounts, and promotions posted are subject to change without notice. The price charged for an Item will be the price in effect at the time the Order is placed and will be set out in your written Order confirmation for Orders made using the Online Services. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if applicable. All such taxes and charges will be added to your invoice, and will be itemized on your receipt or in your shopping cart and in your written Order confirmation for Orders made using the Online Services. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences. We may offer from time to time promotions that may affect pricing and that are governed by terms and conditions separate from, or in addition to, these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Terms of payment are within our sole discretion, and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order. We accept the payment methods displayed at the applicable location or on the Online Service at the time of placement of an Order. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase of the Items, (iii) charges incurred by you will be honored by your credit card company or any other third party required to effectuate payment, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the location or on the Online Service at the time of your Order.

  4. Additional Terms and Conditions. The following provisions apply to the Purchase of all Items at or related to the properties owned or operated by PJT (each, a “Property” and collectively, the “Properties”) or during your participation in any activity led, organized, arranged, promoted, and/ or sponsored by PJT, whether taking place on the Properties or elsewhere (collectively, “PJT Activities”):

    1. Ticketing Terms & Conditions:
      1.  A ticket, pass, or booked tour is a revocable license which may be revoked and, if applicable, confiscated with no refund of purchase price. Violation of PJT rules and/or regulations will result in revocation, confiscation, and expulsion from the applicable Property and PJT Activities. A copy of PJT’s rules and regulations is available upon request.
      2. Herschend reserves the right to deny admission, prevent entry, require an individual already admitted to leave, or ban individuals from the Properties or from participation in Herschend Activities, without refund, liability or compensation, for failure to comply with any of these Terms, for unsafe, illegal or offensive behavior, to ensure safety, security or order, or if we consider that the circumstances otherwise so require, in our sole and absolute discretion.
      3. Tickets, passes, and booked tours are non-refundable, non-transferable, and will not be exchanged, unless you call us toll free at 1-844-880-7465 no less than forty-eight (48) hours before the start time of your booked tour. Herschend is not responsible for duplicated, damaged, lost, or stolen Tickets.
      4. If, within forty-eight (48) hours before the start time of your booked tour, there occurs an unforeseeable emergency event which prohibits you from participating in your booked tour, PJT, in its discretion, may re-schedule your tour or allow name changes for your booked tour.
      5. In the event of severe weather or other unsafe conditions, PJT may alter, modify or cancel any tour. Any tour cancelled by PJT due to severe weather or unsafe conditions will receive a 100% refund.
      6. Unauthorized sales, resales, or other transfers of tickets, passes, or booked tours is prohibited.
      7. Tickets, passes, and booked tours are valid for the times and dates shown on the ticket, pass, or booked tour only.
      8. PJT reserves the right to make minor alterations to a booked tour, including minor alterations to the times of a booked tour. In the case of any such minor alteration, you will receive reasonable notification of such alteration.
      9. PJT does not allow pregnant individuals to participate in off-road tours. PJT, may, in its discretion, offer on-road tours for pregnant individuals.
      10. The holder of a ticket, pass, or booked tour and any participant in PJT Activities grants PJT the right to film, video, photograph, and take sound recordings of the holder on the applicable Property or while participating in any PJT Activities for any purpose without payment or consideration thereof.
      11. PJT assumes no responsibility for accident or loss to any person in connection with the condition or use of the Properties or their entrance into or departure from the Properties.
      12. PJT assumes no responsibility for accident or loss to any person in connection with the participation in the PJT Activities.
      13. All persons, bags, and belongings in, on, or about the Properties or during any PJT Activities are subject to security and safety searches. Any person refusing to comply with security and safety searches will be refused entry to the Property

    2. Conduct - Each Guest agrees that it shall comply with each of the following:
      1. Weapons of any type and all items listed in the section below titled “Prohibited Items” are prohibited at the Property or during participation in any Herschend Activity.
      2. The use of illegal drugs is prohibited at the Property and at all times during participation in any Herschend Activity.
      3. Excessive consumption of alcohol is prohibited at the Properties and individuals showing signs of intoxication or any kind of substance impairment are prohibited at the Properties, each to be determined at the sole discretion of Herschend.
      4. Guests at the Properties or any Herschend Activity must comply with all posted signs and all instructions from Herschend personnel whether related to Property operations, rules, procedures, health and safety requirements, or otherwise.
      5. Guests shall not enter into any restricted areas or designated employee areas.
      6. Guests must only use designated entrances and exits and only during operating hours of the Property.
      7. Guests must use designated walkways throughout the Properties. Guests may not cross any fences, chains, ropes, landscape areas, or other barriers.
      8. Guests must move about the Property in an orderly manner, remain attentive to their surroundings, and walk rather than run.
      9. Conduct that is threatening, disorderly, “horseplay”, unruly, disruptive, profane, graphic, obscene, or in poor taste is prohibited. Any form of harassment (including verbal harassment or abuse or threatening remarks or actions) whether directed at Guests or personnel is prohibited.
      10. Proper attire is required at the Properties at all times. Clothing or other articles with profane, graphic, or obscene words, phrases, or images are prohibited.
      11. Loitering, panhandling, shoplifting, fighting, vandalism, and line cutting are prohibited at the Properties.
      12. Soliciting for commercial or charitable purposes or distributing advertisements, pamphlets, handbills, or flyers without the prior written consent of Herschend is prohibited.
      13. Commercial photography, videotaping, and recording of any kind is prohibited.

    3. Prohibited Items - Each Guest agrees that it shall not bring any of the following prohibited items onto any Property or to any Herschend Activities:
      1. Weapons of any type, including without limitation, firearms, ammunition, tasers, pepper spray, mace, and knives (with a blade longer than 3.5 inches), any item designed to be utilized as a weapon, and any item that appears to be either of the foregoing.
      2. Explosives of any kind, including fireworks and water grenades (whether metal or plastic).
      3. Personal or commercial drones (unless approved by Herschend in advance in writing) or other unmanned vehicles or equipment whether piloted on or off of the Property.
      4. Alcoholic beverages of any type unless such beverage was sold to the guest within the Property by a vendor designated and approved by Herschend.
      5. Illegal drugs of any kind (including prescription drugs not properly prescribed by a health professional).
      6. Glass containers (other than baby food containers).
      7. Recreational devices with wheels, such as skateboards, hover boards, balance boards, scooters, inline skates or shoes with built-in wheels.
      8. Wheeled mobility devices with less than 3 wheels; Segways; devices that cannot maintain stability and balance when stopped, unpowered, or unoccupied, without training wheels or similar modifications; devices powered by any means other than manually or electrically; devices that travel faster than walking pace; multi-rider devices or devices that exceed 36 inches in width or 52 inches in length.
      9. Costume masks. (except for special events as designated by the Property)
      10. Any other items that Property personnel determines, in its discretion, to be suspicious or potentially harmful, unsafe or disruptive.
      11. A Guest who (i) fails to abide by, or comply with, any of the above terms, conditions, or conduct requirements, (ii) brings any of the prohibited items listed above onto a Property or to any Herschend Activities, or (iii) violates any applicable laws may, at the discretion of Herschend, have their Ticket revoked or confiscated by Herschend with no refund of any amount paid therefor. Upon such revocation or confiscation, the applicable Guest and all members of their party shall have no right to remain in, on, or about the Property. Herschend reserves the right to ban individuals violating these Terms or applicable laws from future admission to all or any of the Properties or from participation in any Herschend Activities.

  5. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the Items to you, if applicable. Please check specific delivery options available for each Item. You will pay all shipping and handling charges specified during the Ordering process. Title and risk of loss pass to you upon our transfer of the Item to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

  6. Returns and Refunds. Unless specifically designated as cancellable or refundable, we will not accept a cancellation of, or a refund for, any Items once we accept your Order. Notwithstanding, exceptions may be made under limited circumstances in Herschend’s sole discretion.

  7. Disclaimers of Warranties. We do not provide any warranties with respect to the Purchase of Items. ALL ITEMS OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

  8. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE ITEMS YOU HAVE ORDERED. The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

  9. Safety Measures Related to COVID-19 & Other Infectious and/or Communicable Diseases. We have implemented a number of new safety measures based on guidance from health authorities, such as the Centers for Disease Control and Prevention (the "CDC"), health organizations, appropriate government agencies, and applicable state and local governments. You must follow all posted instructions while visiting the Properties and during your participation in any Herschend Activities. The added safety measures include the following: 

    1. Vaccination Definitions. As used herein, the term “Fully Vaccinated” refers to a Guest who, no less than two (2) weeks prior to entry to the applicable Property or participation in the applicable Herschend Activity, received a one dose COVID-19 vaccine (such as the COVID-19 vaccine manufactured by Johnson & Johnson) or the second dose of a two-dose COVID-19 vaccine (such as the COVID-19 vaccines manufactured by Pfizer or Moderna). In order to be considered Fully Vaccinated, the vaccinations must be current in accordance with the applicable manufacturer’s guidelines, including timing of vaccine shots and booster requirements. The term “Non-Fully Vaccinated” refers to a Guest who does not meet the definition of Fully Vaccinated.

    2. Entry Criteria.
      1. Non-Fully Vaccinated Guests who are over twelve (12) years of age must, prior to admittance to any of the Properties or participation in any Herschend Activities, notify Herschend personnel if they fail to meet any of the health screening criteria posted at the Property (“Entry Criteria”). Any individual who reports that they fail to meet any Entry Criteria will be directed to an additional location for assistance and may be prohibited entry to the applicable Property or from participating in the applicable Herschend Activity. Refunds or rain checks may be offered, at the discretion of Herschend. By purchasing a Ticket and entering the Properties or participating in any Herschend Activities, you are acknowledging and confirming on your behalf, and on behalf of any individual who uses the Ticket you purchased (including any minor children), that you will, in good faith, review such Entry Criteria and report any failed Entry Criteria or questions relating to such Entry Criteria to Herschend personnel prior to entry to the Property or participation in any Herschend Activity.
      2. Guests that are Fully Vaccinated or are twelve (12) years of age or under do not have to comply with these requirements related to Entry Criteria.

    3. Physical Distancing and Mask Requirements

      1. Physical Distancing
        1. Non-Fully Vaccinated Guests who are over twelve (12) years of age must, to the extent possible, maintain a physical distance of at least six feet from any individual that is not a part of their immediate household ("Physical Distancing"). Non-Fully Vaccinated Guests who are over twelve (12) years of age are required to follow the directional signage which has been installed to assist Guests to responsibly move throughout the Properties and any ground markings which will help promote proper Physical Distancing when queuing is needed at a location.

      2. Mask Requirements for Tours Departing Sedona. Please note: the Navajo Nation (which includes Antelope Canyon) stipulates that only masks covering nose and mouth will be accepted; face shields and exhaust vales are not accepted substitutes.
        1. Non-Fully Vaccinated Guests are required to wear masks in the following locations: indoor enclosed areas, crowded outdoor areas, uncrowded outdoor areas inside the Navajo Nation, uncrowded outdoor areas when social distancing cannot be maintained, designated outdoor areas, open-air vehicles and enclosed vehicles.
        2. Fully Vaccinated & Children Under 12 are required to wear masks in the following locations: indoor enclosed areas inside the Grand Canyon National Park and Navajo Nation, crowded outdoor areas inside the Grand Canyon National Park and Navajo Nation, uncrowded outdoor areas inside the Navajo Nation, designated outdoor areas and enclosed vehicles.

      3. Mask Requirements for Tours Departing Grand Canyon
        1. Non-Fully Vaccinated Guests are required to wear masks in the following locations: indoor enclosed areas, crowded outdoor areas, uncrowded outdoor areas when social distancing cannot be maintained, designated outdoor areas, open-air vehicles and enclosed vehicles.
        2. Fully Vaccinated & Children Under 12 are required to wear masks in the following locations: indoor enclosed areas inside the Grand Canyon National Park, crowded outdoor areas inside the Grand Canyon National Park, designated outdoor areas and enclosed vehicles.

      4. Mask Requirements for Tours Departing Las Vegas
        1. Non-Fully Vaccinated Guests are required to wear masks in the following locations: indoor enclosed areas, crowded outdoor areas, uncrowded outdoor areas when social distancing cannot be maintained, designated outdoor areas, open-air vehicles and enclosed vehicles.
        2. Fully Vaccinated & Children Under 12 are required to wear masks in the following locations: indoor enclosed areas inside the state of Nevada and Grand Canyon National Park, crowded outdoor areas inside the state of Nevada and Grand Canyon National Park, designated outdoor areas, open-air vehicles inside the state of Nevada and Grand Canyon National Park, and enclosed vehicles.

      5. Mask Requirements for Tours Departing Pigeon Forge. Please note: per the Great Smoky Mountains National Park, “enclosed areas” include historic cabins and churches. During inclement weather when Jeep windows are sealed, all guests two years of age and older are required to wear masks, regardless of vaccination status.
        1. Non-Fully Vaccinated Guests are required to wear masks in the following locations: indoor enclosed areas, crowded outdoor areas, uncrowded outdoor areas when social distancing cannot be maintained, designated outdoor areas, open-air vehicles and enclosed vehicles.
        2. Fully Vaccinated & Children Under 12 are required to wear masks in the following locations: indoor enclosed areas inside the Great Smoky Mountains National Park, crowded outdoor areas inside the Great Smoky Mountains National Park, designated outdoor areas and enclosed vehicles.

    4. Express Assumption of Risk & Release of Liability. Please note the CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19.  Guests should evaluate their risk in determining whether to attend the Properties or participate in any PJT Activities.  People who show no symptoms can spread COVID-19 if they are infected, any interaction with the general public poses an elevated risk of being exposed to COVID-19, and we cannot guarantee that you will not be exposed during your visit to the Properties or participation in any PJT Activities.

      This Section 9 is an acknowledgment and voluntary 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 the Properties or participating in any PJT Activities. By purchasing a ticket, pass, or booking a tour and entering the Properties or participating in any PJT Activities, you are acknowledging and confirming on your behalf, and on behalf of any individual who uses the ticket, pass, or booked tour (including any minor children), both now and in the future, that you understand and voluntarily expressly assume the risk that during your visit or participation you may be exposed to COVID-19,the Coronavirus 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 Coronavirus that causes COVID-19, that PJT cannot guarantee that you will not be exposed during your visit to the Properties or during participation in PJT Activities, 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 the Properties or participate in PJT Activities and cannot be eliminated. You further acknowledge and understand that if you are infected with COVID-19, the Coronavirus 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 the Properties and after the end of the PJT Activities. The same is true for many other communicable and/or infectious diseases you may be exposed to during your visit.

      You and PJT further agree that we both intend this Section 9 to be a binding and full release of liability for negligence and/or the inherent risks associated with visiting the Properties or participating in the PJT Activities during an epidemic or pandemic with respect to any controversy, claim or dispute that may arise out of or during your visit to the Properties or participation in the PJT Activities 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 Coronavirus that causes COVID-19. Specifically, you agree that:

      YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN) HEREBY FOREVER RELEASE, DISCHARGE, AGREE TO INDEMNIFY AND DEFEND, AND COVENANT NOT TO SUE THE RELEASED PARTIES AS DEFINED 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 CORONAVIRUS THAT CAUSES COVID-19), DURING YOUR VISIT TO THE PROPERTIES, OR DURING YOUR PARTICIPATION IN ANY PJT ACTIVITIES, 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 OR PARTICIPATION IN THE PJT ACTIVITIES DURING ANY EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. YOU FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY, INDEMNIFICATION, 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 OR PARTICIPATION IN THE PJT ACTIVITIES USING TICKETS, PASSES, OR BOOKED TOURS YOU PURCHASED OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR VISIT TO THE PROPERTIES OR PARTICIPATION IN THE PJT ACTIVITIES. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY, INDEMNIFICATION, AND COVENANT NOT TO SUE IS BEING ENTERED IN TO ON YOUR BEHALF, AS SET FORTH ABOVE, AND ALSO ON BEHALF OF ANY OTHER INDIVIDUAL WHO USES AN TICKET, PASS, OR BOOKED TOUR PURCHASED BY YOU TO ENTER THE PROPERTIES OR PARTICIPATE IN THE PJT ACTIVITIES.

      For purposes of this Section 9, you and PJT agree that the “Released Parties” shall include (a) Herschend Adventure Holdings, LLC, (b) Herschend Adventure Holdings, LLC’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 acknowledgment 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.

  10. Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Items.

  11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, or other public health emergencies, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  12. Dispute Resolution and Binding Arbitration. You agree and understand that this Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, satisfies the “writing” requirement of that act, applies to your purchase of an Item, and governs all claims, disputes, or controversies between you and PJT and each and all of Herschend Adventure Holdings, LLC, its subsidiaries, affiliates, providers, or its and their respective officers, directors, partners, shareholders, employees, contractors, agents, licensors, suppliers, service providers, advertisers, instructors, staff, successors or assigns, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and claims over the applicability of this arbitration provision (collectively “Claims”).This Section can only be changed or terminated upon mutual agreement. You understand and agree that all Claims shall be resolved by final and binding arbitration using the American Arbitration Association's (“AAA”) Commercial Arbitration Rules (“AAA Rules”) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from these Terms, by one or more arbitrators appointed in accordance with said rules at a location within Fulton County, Georgia. Any controversy concerning whether a dispute is arbitral shall be determined by the arbitrator(s) and not by the court. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and may award the prevailing party damages and other relief (including attorneys’ fees).

    HOWEVER, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

    Each party to the arbitration will have the right, at its own expense, to be represented by an attorney or other advocate of its own choosing. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but, if applicable arbitration rules or laws require PJT to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then PJT will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator’s decision must consist of a written statement stating the disposition of each Claim of the dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

    NO CLASS ACTION MATTERS. You agree that disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party, such as class action claims or private attorney general representative actions, with the exception of representative claims solely for injunctive relief brought under unfair competition law. If any provision of this arbitration provision is deemed unlawful, void or unenforceable, that provision shall be severable from the remainder of this paragraph, which shall remain fully enforceable. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM FOR ALLEGED DAMAGES ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

    You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

  13. Governing Law and Jurisdiction. All disputes arising out of or related to the Purchase and sale of Items and these Terms, as permitted following the mandatory arbitration described above, shall be brought in the state courts in Atlanta, Georgia, or federal courts in the Northern District of Georgia, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms will be construed in accordance with the laws of the State of Georgia without regard to its conflict of law principles.

  14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of PJT.

  16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  17. Notices.
    1. To You. Any notice from PJT that is directed to you shall be delivered (i) by posting to the Online Service, (ii) by mail to the mailing address you provided us at the time of Registration, or (iii) by email to the email address you provided us at the time of Registration. Notice shall be deemed given immediately upon posting to the Online Services, (ii) twenty-four (24) hours after email is sent, unless we are notified that the email address is invalid or, (iii) in the case of notice sent via mail, three (3) business days after the date of mailing.
    2. To Us. Any notices given pursuant to these Terms of Use that are directed to Herschend shall be given by personal delivery, overnight courier, or registered or certified mail to: Herschend Family Entertainment Corporation, Attn: Online Services Terms of Use, 5445 Triangle Parkway, Suite 200, Peachtree Corners, GA, 30092. We may update the address for notices to us by posting a notice on the Online Service. Notices provided by personal delivery will be effective immediately, provided that written confirmation of receipt is obtained and kept by you. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  19. Entire Agreement. Our Order confirmation, these Terms, the license terms relating to any Item you Purchase, our Terms Of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us with respect to the matters contained in these Terms.

     

Be First to Know our News