ALL SEASON PASS PREMIUM
License Agreement, Terms and Conditions
In exchange for the payment of the Price (as defined below), iPlay America LLC (IPA) 110 Schanck Rd Freehold NJ 07728 agrees to provide you with an All Season Premium Pass (the “Pass”) to IPA’s amusement center (the “Park”). By purchasing your Pass from IPA, you hereby agree to be bound by the terms and conditions of this License and the rules and regulations of IPA (the “Regulations”), a copy of which is displayed at the Park and is available upon request.
Pass Term and Price: Your Pass is valid from the Effective Date to the one-year anniversary of the Effective Date (the “Term”), unless validly terminated or cancelled in accordance with the terms of this License. The price (“Price”) of the Pass, plus all applicable taxes, is payable either in monthly installments of the Monthly Fee or on an annual basis in the amount of the Annual Fee. Your method of payment of the Price (your “Payment Option”) shall be as you selected in the information table at the outset of this License. In the event that you select the annual Payment Option, you agree to pay the Annual Fee and the one-time, non-refundable Membership Fee in full to IPA on the Effective Date. In the event that you select a monthly Payment Option, you agree to pay the first Monthly Fee and the one-time, non-refundable Membership Fee in full on the Effective Date and agree that, on a monthly basis during the Term, beginning on the fourth month of the Term, IPA may automatically charge your credit card on file in the amount of the Monthly Fee without any further notice to you. At the conclusion of the Term, your Pass and this License will automatically renew for an additional year, and you hereby authorize IPA to automatically charge your credit card on file without any further notice to you, in accordance with the Payment Option that you selected, unless you validly terminate or cancel your Pass in accordance with the terms of this License. The one-time, non-refundable Membership Fee will not be assessed to a renewal of your Pass in accordance with the terms of this License.
Ride privileges and Park Benefits: Your Pass grants you a revocable, non-transferrable, limited license for the use of all open rides (“Rides”) at the Park during the Term of your Pass (unless you are restricted from participating in such open Rides under the Regulations or by conditions which could ultimately prohibit you from riding safely, including, but not limited to height, weight, age, physical limitations such as heart condition or pregnancy or observed inappropriate behavior) on any regularly scheduled operating day during the Term of your Pass, except for Blackout Dates (as defined below). The Rides consist of, and are limited to, the following: Go Karts, Spinning Coaster, Bumper Cars, Jump Around, Happy Swing, Dizzy Dragon, Skyscraper, Kite Flyer and Carousel. Your Pass and payment of the Price does not include the use of, or admission to, private events, concerts and Park areas not open to the general public or requiring a separate admission fee including, but not limited to, Ropes Course, Laser Tag and 4D Theater. Admission to certain Rides, games, facilities, shows, attractions, special events and concerts may require an additional charge or be subject to pre-sold admission. Your Pass and payment of the Price also does not include fees for food, merchandise, games, video games, pay-per-experience attractions, concerts and special events at the Park.
At any time before, during or after the Term, IPA, in its absolute discretion, reserves the right to vary the opening and closing dates of the Park and times of the Rides, events, facilities and attractions at the Park and to close, remove or cancel any and all parts of the Rides, events, facilities and attractions within the Park at any time and for any reason or no reason at all including, but not limited to, technical, health, safety, capacity and or operational reasons or due to special events or private functions without providing notice to you. The Price or any part of the value of your Pass will not be refunded, nor will any compensation be payable from IPA to you, if the Park, any facilities, attractions or Rides become unavailable or are closed or removed from the Park before, during or after the Term. Your Pass and this License do not guarantee admission to the Park or any Ride, especially during high attendance periods.
Your Pass also includes the following benefits during the Term, upon a showing of your valid Photo ID, subject to the terms and conditions of this License:
Ten percent (10%) discount on food and beverage items at the Park, excluding alcoholic beverages and food and beverage orders for parties.
One hour early entry to the Park on Saturdays and Sundays.
Free guest ride passes for select dates.
Free parking at the Park.
Priority entry to the Park.
Discounts for select shows and events at the Park.
A book of coupons for select items at the Park, valued at $200.
A monthly game card in the amount of five dollars ($5.00).
One free Laser Tag game per month.
Pass registration requirement: You are responsible for registering your Pass by providing your true and complete first name and last name, date of birth, residential address, valid contact phone number and contact email address in the space provided at the outset of this License (your “Information”). In the event that you are under the age of 18, a parent or legal guardian over the age of majority (“Guardian”) is also required to sign this License on your behalf and shall provide their own contact email address and not an email address for you. This License shall not extend to your Guardian. You agree to report a change in your Information or your Guardian’s Information immediately to IPA. Changes can be made on the IPA website at www.iplayamerica.com.
IPA is entitled to use your Information, and the Information of your Guardian, to contact you or your Guardian regarding Pass service information including, but not limited to, information about changes to this License and information related to the Park. IPA may also use the Members information to contact them with information and special offers from or about IPA.
Communications: As a Pass holder, you are eligible to receive periodic mailers and newsletters and other communications about IPA, including information about events, products, opportunities services and special offers and discounts available to you. You may also be sent information about special events and offers based on your activities at IPA. These communications may be sent by postal mail, email or text based on the Information provided. You may choose not to receive these communications by logging into the IPA website and changing your account preferences. Please be aware that if you do not allow IPA to send you certain communications, IPA may not be able to deliver information to you about the Park, this License, the Rides, special events, special hours and opportunities, or about products that may take into account your interests and preferences.
Cancellation or Revocation: This License and the Pass provide you with revocable privileges which may be cancelled or revoked at any time by IPA without notice or refund to you. Refunds are not available under any circumstances. You may also be removed from the Park and your Pass terminated for any misuse, failure to abide by the Regulations or the terms and conditions of this License, or conduct detrimental to the Park including, but not limited to, theft, violation of federal state or local laws, violation of Park rules, safety procedures, vandalism, disorderly conduct, intoxication, possession of intoxicating liquors (except as properly purchased by you within the Park with valid identification), drugs or weapons. Conduct that is disorderly, disruptive or in poor taste is prohibited. Clothing with inappropriate/offensive words phrase or graphics is prohibited. Shirts and footwear with soles must be worn at all times.
If IPA discovers that your Pass was purchased through illegal methods, your Pass and this License will be revoked without compensation or refund of any portion of the Price or the Membership Fee. In the event that your Pass and this License is cancelled or revoked, IPA will either continue to collect all unpaid amounts due, including all amounts due with respect to the Pass, or declare the entire unpaid balance due and payable immediately.
Pricing: IPA is entitled, in its absolute discretion and at any time before, during or after the Term, to change the Price or Membership Fee payable for a All Season Pass or its memberships for any reason and may, from time to time, offer pricing or promotional offers. Merchandise, food and games at the Park require additional fees. The Monthly fee for a All Season Pass is guaranteed for one year, but is subject to change after the 12 th payment. The member has the right to cancel after the 12 th payment with 30 days written notice. Merchandise, food and games at the Park require additional fees.
Membership ID cards: You will be provided with a photo identification card (the “Photo ID”) which is used to authenticate you and your Pass and ascertain your eligibility for access to the Rides and other facilities, events and attractions at the Park. You are required to bring your Photo ID with you on every visit to IPA and to present it to Park personnel when asked. Photo IDs are not transferrable and may only be used by the specific individual to whom it is registered. Any attempt to utilize a Photo ID by a guest to whom the Pass was not issued will result in immediate confiscation of the Pass and termination of the associated License without refund. Photo IDs are the property of IPA and must be surrendered to IPA upon request and at the conclusion of the Term. Photo IDs may not be used for commercial purposes and the Photo ID and any associated Pass are void if altered or misused. Your Photo ID, your Pass and this License are non-transferrable, non-refundable, non-exchangeable and not valid for cash. Unless stated otherwise, your Pass cannot be used in conjunction with any promotional offer, voucher or advance booking or any other offer, discount, or incentive except those specifically designated for Pass holders. Unauthorized resale is prohibited.
Blackout dates: Your Pass may be subject to admission blackout dates (“Blackout Dates”) during which your Pass and this License is not valid for admission to the Park. Reasonable efforts will be used to post these Blackout Dates on the IPA website.
Replacement of Photo IDs: If your Photo ID is lost stolen or forgotten, the Photo ID can be replaced for a non-refundable replacement fee of $ 5.00. If you are under the age of majority, you must be accompanied by your Guardian to obtain a replacement Photo ID.
Use of in-park benefits: You must present your valid Photo ID prior to purchases at the Park to receive any applicable benefits and discounts. Any such benefits and discounts are non-transferrable and may not be combined with any other offer or promotion. Such benefits and discounts are for personal use only and may not be used for commercial purpose including without limitation, to obtain or purchase items or services with the intent to resell such items or services. Merchandise discounts may not be valid for gift cards. Dining discounts are not valid on alcoholic beverages, holiday buffets, promotional dining, taxes or gratuities.
Permission to film or videotape: This License and your entry into the Park constitutes consent for IPA to use any film, video or reproduction of image and or voice of a member for any purpose whatsoever without any payment to the member.
Assumption of general risk: You and all guests of IPA assume the inherent risks associated with the operation of the Park, all Rides and attractions and should read and obey all Regulations, safety signage, instructions and rules. IPA assumes no responsibility for accident or loss to any person in connection with the condition or use of the park, rides, and amusements or their entrance into or departure from the park. You hereby agree to release IPA from all claims, whether accruing before, during or after the Term, related to your attendance at the Park, the Pass and this License.
Lost property: IPA is not responsible for lost or stolen property. All guests and persons present at IPA must abide by the Park’s Regulations.
Miscellaneous: All terms, conditions and benefits of your Pass and this License, including but not limited to Ride privileges, Blackout Dates, Prices, Pass availability, benefits and discounts are subject to restrictions, availability and changes or cancellation without notice at any time. IPA may delay or waive enforcement of any of the provisions of this License without losing its right to enforce the same or any other provision later. You waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor. Should any term herein be deemed invalid or unenforceable, the remaining terms shall remain in full force and effect. You will send any legal notice or other notice or information that you are required by law to provide to IPA by first-class mail or by recognized overnight commercial courier to the address first listed above.