TICKET TERMS AND CONDITIONS AGREEMENT
ELITCH GARDENS THEME AND WATER PARK
PLEASE READ THE FOLLOWING TICKET TERMS AND CONDITIONS AGREEMENT CAREFULLY, AS IT GOVERNS YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY AND FILE A LAWSUIT IN COURT OR ARBITRATE AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO ANY TICKET, SEASON PASS OR THE PARK (AS SUCH TERMS ARE DEFINED HEREIN).
BY TENDERING PAYMENT FOR A TICKET OR SEASON PASS (DEFINED HEREIN), ACCEPTING A TICKET OR SEASON PASS, AND/OR USING A TICKET OR SEASON PASS, HOLDER (DEFINED BELOW) SIGNIFIES ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TICKET TERMS AND CONDITIONS AGREEMENT.
IF YOU DO NOT AGREE TO THIS TICKET TERMS AND CONDITIONS AGREEMENT, THEN DO NOT ENTER THE PARK!
This Ticket Terms and Conditions Agreement (the “Agreement”) is made by and between the purchaser of record of a Season Pass (“Account Holder”), the bearer and/or purchaser of record of a Ticket and/or any individual seeking entry (“Bearer”) to Elitch Gardens in Denver, Colorado (the “Park”) through the use of a Ticket (defined below) issued to or held by Account Holder or Bearer (including, but not limited to, all minors and other attendees), and all other persons acting or purporting to act on behalf of anyone gaining admission to the Park (each of the foregoing, including the Account Holder and Bearer are hereinafter referred to as a “Holder”), on the one hand, and Elitch Holdings, LLC (“Park Operator”) on the other hand (collectively, “Parties”) and governs Holder’s purchase and/or use of tickets for single admission day (each a “Ticket”) and/or Holder’s purchase and/or use of a season pass (each a “Season Pass”) to the Park and participation in activities in the Park. In consideration of the following promises and mutual covenants, the receipt and adequacy of which are acknowledged, the Parties agree as follows:
TERMS AND CONDITIONS OF TICKET USE.
- TICKETS. Each Ticket, whether a Ticket or as part of a Season Pass, represents a limited, non-transferable, non-refundable, revocable license to enter the Park, at Park Operator’s sole discretion, and is subject to all terms and conditions stated herein. Tickets may not be sold, bartered nor exchanged for goods, services or benefits. Each Ticket or Season Pass admits one guest and a photo ID may be required. No person, except for attendees two years of age or younger, may enter the Park without a Ticket. Re-entry is permitted solely on the same day, if the Holder has their hand stamped at the exit/re-entry gate; provided that re-entry is prohibited after 6:00 pm, and may be prohibited for special events. Failure to comply with this Agreement may result in forfeiture of this license to enter the Park and all rights arising hereunder, without refund or credit, and shall entitle Park Operator to pursue all legal remedies available. Park Operator is not responsible for lost or stolen tickets. Attractions, rides, entertainment, food and beverage offerings, products, services and other offerings are not guaranteed and may be modified or limited in capacity or availability and are subject to change, closure, cancellation or discontinuance without notice due to rehabilitation, refurbishing, capacity, seasonal considerations, weather, low demand, government or other authority guidance or order, pandemic-related restrictions, special events, or for any other reason without liability to the Released Parties (as such term is defined below) of any kind whatsoever.
ALL TICKET SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES, EXCEPT AS PROVIDED HEREIN. FOR SEASON PASSES, NO REFUNDS, CREDITS, OR EXCHANGES WILL BE PROVIDED FOR ANY REASON, EXCEPT AS DETERMINED BY PARK OPERATOR IN ITS SOLE DISCRETION. THE SOLE AND EXCLUSIVE REMEDY if the Park is closed due to weather events or other conditions on the date for which a Ticket was purchased is a credit or a refund (as determined by Park Operator in its sole discretion) to the original purchaser of the original purchase price of the Ticket already paid to Park Operator at the original point of sale for such affected Ticket(s), provided the original purchaser of the affected Ticket(s) requests such remedy within thirty (30) calendar days of the applicable date. No refund, credit, or other remedy will be owed if Holder and/or a Related Person is ejected from the Park, breaches this Agreement, fails to comply with Park Rules, or any other applicable laws, rules, or regulations, as provided herein. Further, Park Operator’s and/or any of the other Released Parties’ liability for breach of any term of this Agreement shall not exceed the original purchase price of the Ticket. IN NO EVENT SHALL PARK OPERATOR OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID IN EXCESS OF THE ORIGINAL PURCHASE PRICE OF THE TICKET OR SEASON PASS OR FOR LOST PROFITS, REPARKS, OR BUSINESS OPPORTUNITIES, EVEN IF THE APPLICABLE RELEASED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATIONS AND CONDITIONS TO USE.
A. Compliance with Laws and Park Rules. Admission is contingent on, and Holder agrees it will be bound by all terms and conditions upon which a Ticket or Season Pass for admission to the Park are issued, and will observe at all times the rules, regulations, policies and limitations related to admission, behavior and use of the Park, including, but not limited to, any security policies, safety procedures, code of conduct policies, the Agreement, and health and safety policies and assessments, as determined on an on-going basis as set forth herein (“Park Rules”), and all applicable laws, statutes, rules, regulations, guidelines, decisions and orders of any applicable federal, state or local governments, administrative agencies and commissions (collectively, “Laws”). Park Rules include the Code of Conduct available at: https://elitchgardens.com/plan-a-visit/code-of-conduct/ and those policies provided at: https://elitchgardens.com/plan-a-visit/faq/. The Park reserves the right to refuse admission, eject, and/or revoke the right to enter or remain in the Park, without refund, for anyone failing to comply with the Park Rules or Laws or engaging in any misconduct, as determined by the Park in its sole discretion, including, without limitation, engaging in inappropriate or harassing behavior or verbal and/or physical abuse. The Park reserves the right, at any time and with or without notice to Holder, to amend, modify or supplement its rules and policies as it deems necessary, in its sole discretion, on an on-going basis and it is Holder’s obligation to be familiar with and comply with the applicable rules and policies in effect at the time a Ticket or Season Pass is used.
B. Authorized Seller. CONSUMERS SHOULD EXERCISE DUE DILIGENCE IN THEIR PURCHASE OF ANY TICKETS TO THE PARK THAT THEY DID NOT PURCHASE THROUGH ELITCHGARDENS.COM. PARK OPERATOR IS NOT RESPONSIBLE FOR ANY TICKETS PURCHASED THROUGH ANY THIRD PARTY.
C. Personal Property. Park Operator and the Park are not responsible for loss of personal property brought to and/or into the Park or surrounding property (including, but not limited to, parking lots).
D. Searches. Holder and Holder’s belongings may be searched upon entry into the Park and/or other security checkpoints. Prohibited items may be confiscated at the sole discretion of Park Operator, the Park, and/or their designated agents, and Holder hereby consents to the foregoing and waives any related claims that might arise against Park Operator and/or the Park. If Holder elects not to consent, Holder will be denied entry into the Park without refund or credit.
E. Promotions/Sweepstakes. No Ticket or Season Pass may be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests, sweepstakes, giveaways, gambling or gaming activities, without the express prior written consent of the Park.
F. Name/Likeness Release. Holder grants permission to Park Operator and the Park, and each of its and their respective affiliates, designees and agents a fully transferrable right and license, but not the obligation, to record their image, name, voice, likeness, actions, and/or statements (“Likeness”) in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction, which may be taken in or around the Park or surrounding parking lots and to utilize, distribute, edit, modify and/or alter Holder’s, and any Related Person’s, Likeness at any time in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Park in perpetuity, in any medium, whether now known or hereafter created, or context for any purpose (including, without limitation, commercial, promotional or safety and security purposes) without further authorization, review or compensation.
Additionally, Holder grants the Park permission to collect, use, share and store Holder’s, and any Related Person’s, facial and other biometric information as permitted by law, including, without limitation, for security and/or health purposes.
G. Lost or Fraudulent Ticket or Season Pass. Neither Park Operator nor the Park is responsible for, and may refuse to honor, duplicate or duplicated, lost, stolen, destroyed, misplaced, forgotten or counterfeit Ticket or Season Pass, or multiple presented by the same person/group. At the sole discretion of Park Operator, a Ticket or Season Pass may be replaced for an additional cost. If a replacement Ticket or Season Pass is issued, such replacement Ticket or Season Pass will be honored over the original Ticket or Season Pass, and the original Ticket or Season Pass will be null and void.
H. Force Majeure. Holder further recognizes and acknowledges that the license provided by a Ticket grants Holder with a Ticket, a one-time entry to the Park on the scheduled date and, for a Holder of a Season Pass entry to the Park when the Park is open to the public. If the Park is opened on the scheduled date of the Ticket or otherwise considered a Park operation day but inclement weather, attraction maintenance or repair or other factors cause certain activities or attractions in the Park to be closed, Holder acknowledges and agrees that this license does not grant re-entry for any other date. Park Operator in its sole discretion will be entitled to determine whether the Ticket will permit entry to the Park for an alternative date, or whether any refunds shall be issued for this ticket.
A. Health and Safety Acknowledgment. The Park is a recreational amusement and water park with rides, attractions, loud noises, flashing lights, concessions and related uses to serve the Park. You acknowledge that certain rights and attractions involve high speeds, heights, sudden movements, rapid physical forces and jolts that may impact your health or safety.
B. Assumption of Risk. HOLDER ACKNOWLEDGES AND AGREES THAT YOUR VISIT TO THE PARK INVOLVES INHERENT, OBVIOUS, AND UNFORESEEABLE RISKS ASSOCIATED WITH RECREATIONAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO: serious bodily injury, permanent disability, drowning or near drowning, spinal, neck or head injuries (including paralysis), illness or communicable disease exposure, emotional distress, property damage or loss, or even death. These risks may arise from amusement rides and attractions, mechanical failure or malfunction, operator error or negligence, falling objects, slippery, wet and uneven surfaces, water pools, sudden or abrupt changes in speed, altitude, and/or direction, contact or collisions with barriers, walls, ride carriages, or other parts of Park attractions or the Park premises, or physical injuries from other guests or equipment, entrapment or suction hazards, food consumption, acts of other guests of any kind whatsoever, criminal acts of third parties, weather conditions (including heat, hail, lightning, wind and rain), exposure to loud noises, flashing lights or sudden movements. HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISKS, KNOWN AND UNKNOWN, INHERENT OR OTHERWISE, EVEN IF ARISING FROM THE NEGLIGENCE OF THE PARK, OR ITS OWNERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS OR REPRESENTATIVES. To the maximum extent permitted by law, Park Operator, owner of the Park and/or surrounding parking lots. and all third parties performing services at the Park, including, without limitation, parking services, and each of their parent, subsidiary, affiliated, and related entities, vendors, contractors, subcontractors, sponsors and political subdivisions, and each of the aforementioned entities’ respective departments, officials, officers, directors, partners, shareholders, owners, members, trustees, employees, agents, representatives, successors and assigns, whether past, present or future and whether in their institutional or personal capacities (collectively, the “Released Parties”) are expressly released from, and shall not be liable or responsible for, any claim, loss, damage, illness, injury, disability, or death to any person or property around or inside the Park, or otherwise in connection with any ancillary event/activity resulting from any cause, including specifically, but not limited to, claims arising from or relating to the negligence of any Released Parties.
C. Waiver of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, on behalf of Holder and Holder’s Related Persons (defined below), Holder RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS and COVENANTS NOT TO SUE each of the Released Parties with respect to any and all claims, including, without limitation, for any form of joint, active or passive negligence of any kind and/or wrongful death, disability, injury, or illness, that Holder or any of Holder’s Related Persons may have (or hereafter accrue), against any of the Released Persons, that relate to any of the risks, hazards, and/or dangers described in the preceding paragraph, without limitation with respect to any claim, liability, damage, cost, expense, or demand of whatever kind or nature that arise out of or relate in any way to (i) Holder’s exposure to an illness; (ii) Holder’s entry into, or presence within or around the Park (including, without limitation, all risks related thereto, and including, without limitation, in parking areas or entry gates) or compliance with any protocols or security requirements applicable to the Park; (iii) any interaction between Holder and any personnel of any of the Released Parties or another person present at the Park or in the vicinity of the Park; or (iv) any act or omission on the part of any of the Released Parties in connection with monitoring or policing protocols applicable to the Park, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. Holder further represents and warrants that Holder’s Related Persons (or, as applicable, their parent or guardian) have reviewed this Agreement and separately agreed to its terms and conditions. “Related Person(s)” means Holder’s heirs, assigns, executors, administrators, next of kin, anyone attending the Park with Holder or for whom Holder has obtained a Ticket, including, but not limited to any minor(s) or ward(s) for whom Holder is a parent or guardian, (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder’s or their behalf.
D. Minor Children Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, for any minor child for whom Holder has bought a Ticket or Season Pass, or who uses a Ticket or Season Pass, Holder agrees and acknowledges that they are the minor child’s natural and/or otherwise legal guardian and they are authorized to and do waive and release, in advance, any of the following that would accrue to the minor child: any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to illness and any other communicable or infectious disease during the minor child’s visit to and/or participation in attractions, transportation, and activities at the Park.
E. Third-Party Beneficiaries. Holder acknowledges and agrees that any individual for whom they have bought a Ticket or Season Pass or who uses a Ticket or Season Pass from, either directly or indirectly, Holder is and is intended to be a third-party beneficiary of that Ticket or Season Pass, subject to the terms of this Agreement. Other than as specifically set forth herein, this Agreement does not and is not intended to confer any rights or remedies upon any person other than Holder.
- GENERAL TERMS
A. Arbitration; No Class Actions; Waiver of Trial by Jury. SHOULD ANY CURRENT OR FUTURE DISPUTE, CLAIM OR CAUSE OF ACTION RELATED TO A TICKET, THE PARK, OR THIS AGREEMENT ARISE BETWEEN HOLDER AND Park Operator AND/OR THE PARK, HOLDER SHALL SEND A WRITTEN NOTICE DESCRIBING THE ISSUE (A “DISPUTE NOTICE”) TO THE PARK OPERATOR AT 209 LILAC DR. SUITE 110 EDMOND, OK 73034. THE DISPUTE NOTICE MUST CONTAIN THE FOLLOWING: (I) INFORMATION SUFFICIENT TO IDENTIFY ANY TRANSACTION, ACTIVITY, AND ACCOUNT AT ISSUE; (II) CONTACT INFORMATION OF THE CLAIMANT (INCLUDING NAME, ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS); AND (III) A DETAILED DESCRIPTION OF THE NATURE AND BASIS OF THE DISPUTE (INCLUDING THE DATE OF ANY TRANSACTION OR ACTIVITY AT ISSUE) AND THE RELIEF SOUGHT, INCLUDING A CALCULATION FOR ANY SUCH RELIEF. THE NOTICE MUST BE PERSONALLY SIGNED BY HOLDER (AND THEIR COUNSEL, IF REPRESENTED). HOLDER, PARK OPERATOR AND/OR THE PARK (AS APPLICABLE) AGREE TO MAKE A GOOD-FAITH EFFORT TO RESOLVE THE DISPUTE FOR AT LEAST SIXTY (60) DAYS (THE “NEGOTIATION PERIOD”) FOLLOWING RECEIPT OF THE DISPUTE NOTICE. IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN THE NEGOTIATION PERIOD, THE DISPUTE SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING INDIVIDUAL ARBITRATION HELD BEFORE A NEUTRAL, SINGLE ARBITRATOR IN DENVER, COLORADO CONDUCTED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”). THE NAM RULES WILL GOVERN EXCEPT AS SPECIFICALLY MODIFIED. THE COSTS OF SUCH ARBITRATION SHALL BE SPLIT EVENLY AMONG THE PARTIES, EXCEPT UPON AN ARBITRATOR’S FINDING THAT SUCH SPLIT RENDERS THE ARBITRATION COST-PROHIBITIVE TO HOLDER. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE EXCEPT THE FOLLOWING ITEMS (WHICH ARE FOR A COURT OF COMPETENT JURISDICTION TO DECIDE): (I) ISSUES THAT ARE SPECIFICALLY RESERVED FOR A COURT; (II) ISSUES RELATED TO THE SCOPE AND ENFORCEABILITY OF THE ARBITRATION PROVISIONS; AND (III) WHETHER A DISPUTE CAN OR MUST BE BROUGHT IN ARBITRATION. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, HOLDER, Park Operator AND PARK (AS APPLICABLE) AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOLDER, Park Operator AND PARK WAIVE THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY HAS THE ABILITY TO BRING DISPUTES IN SMALL CLAIMS COURT. (THIS RIGHT DOES NOT ALLOW A PARTY TO REMOVE OR APPEAL A DISPUTE TO A COURT OF GENERAL JURISDICTION.) ANY DISAGREEMENT AS TO WHETHER A DISPUTE IS WITHIN THE JURISDICTIONAL LIMITS OF SMALL CLAIMS COURT IS FOR A COURT TO DECIDE AND ANY ARBITRATION SHALL BE STAYED.
IF HOLDER DOES NOT CONSENT TO THIS PROVISION OR ANY OTHER PROVISION HEREIN, HOLDER SHOULD NOT ENTER THE PARK. IF HOLDER ENTERS THE PARK, CONSENT IS ASSUMED, IMPLIED AND MAY BE ENFORCED BY PARK OPERATOR.
B. Waiver and Amendment. Failure to enforce any provision of this Agreement will not be a waiver or prevent enforcement of the same or any other provision of this Agreement. Park Operator may amend or supplement the terms and conditions of this Agreement as it deems necessary on an on-going basis. By purchase, acceptance and/or use of a Ticket, Holder and all others who gain entry to the Park (including the parking areas or entry gates) using tickets issued to, provided to, or otherwise used to gain admission for the Holder, are deemed to have read and agreed to the terms of this Agreement then in effect. Bearer represents and warrants that each person who enters the Park using tickets purchased by, issued to, provided to, or held by the Bearer has authorized Bearer to act on their behalf for purposes of agreeing to these Terms and such authorization is confirmed by Bearer or such person entering the Park.
C. Entire Understanding. Other than any language appearing on or with a Ticket, which are incorporated by reference, this Agreement is the entire understanding and agreement between the parties with regard to its terms.
D. Headings. The titles of the articles, headings, sections, and subsections of this Agreement are for convenience only, and do not define or limit the contents.
E. Severability. If any provision or part of this Agreement is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in this Agreement and any Park Rules remain valid and binding.
- HOLDER/RELATED PERSON BREACH. Breach of any of these terms by Holder or a Related Person and/or failure to comply with Park rules, instructions of Park personnel, shall: (i) automatically terminate any rights that Holder may have hereunder; (ii) render illegal and unauthorized any use of a cancelled Ticket or Season Pass for any purpose; and (iii) authorize the Park, without any requirement to provide a refund or credit, withdraw the Ticket(s) or Season Pass, refuse admission to the Park, eject Holder and/or any Related Person from the Park, or detain or cause the arrest of Holder and/or any Related Person, and/or subject Holder and/or any Related Person to all legal remedies available to the Park.
6. PRIVACY. Park Operator’s Privacy Policy governs the processing of all personal data collected from Bearer or Account Holder in connection with the purchase of any Tickets or Season Passes.