These terms and conditions (the “Terms & Conditions”) govern all Play Pass cards and their use. Play Pass, including all administration related thereto, is provided by WR VACATION MARKETING, LLC., or its affiliates, parents, or subsidiary companies (collectively “Westgate,” “Mystery Fun House Arcade Experience,” “we,” “us,” “our,” “ours”). By purchasing, recharging, or using Play Pass, you agree to be legally bound by these Terms & Conditions, and your use shall be subject to these Terms & Conditions, as they may be amended from time to time, without further notice to you.
Guest assumes the inherent risks associated with the operations of simulators, games and attractions. Read and obey all safety signage, instructions and rules. Our Terms and Conditions are made available at https://mysteryfunhouse.com.
By purchasing a Play Pass card, you agree to the following terms and conditions:
All sales are final. Once a Play Pass is purchased, it is non-refundable and non-transferable. The Play Pass may only be used for gameplay at participating arcade machines and cannot be redeemed for cash or credit. Lost, stolen, or damaged cards containing play points will not be replaced unless proof of purchase is provided, and replacement is at the sole discretion of management. Any resale or other transfer of a Play Pass for consideration will render the Play Pass and associated Play Points Balances void and subject to cancellation. Your Play Pass will not be redeemed for cash, except where required by law. Westgate reserves the right not to accept a Play Pass or otherwise limit use of the Play Pass if it believes the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions. You will not be sent statements of itemized transactions involving your Play Pass. The arcade reserves the right to modify or terminate the Play Pass program at any time without prior notice to end user. By purchasing, recharging or using the Play Pass card, you acknowledge and accept our Terms and Conditions.
A Play Pass is a card with a radio frequency identification chip which, depending on the price of the game, can activate the selected game inside Westgate. Each game located at Participating Locations requires a specified number of Play Points remaining on the Play Pass to play the Game(s). The Play Points required to play each Game will be displayed on the card reader located on each Game. The Play Pass can be used only at Participating Locations.
Purchasing a Play Pass
A Play Pass card is rechargeable.
You can obtain a Play Pass in the following ways (note that all sales and use tax is included in your Play Pass purchase):
- Play Pass Kiosk. You may purchase Play Pass by simply following the on-screen prompts at the kiosk.
- Additional amounts may be added to the card at any time.
Adding Play Points to Your Play Pass Cards
You may add Play Points to your Play Pass at a kiosk by paying with credit/debit cards.
Play Points Do Not Expire
The Play Points you purchase do not expire, are not subject to a maintenance fee and are stored on your Play Pass.
Checking Your Play Points
Your Play Points balance displayed at each Game only shows your Play Points balance for the Play Points type used and may not reflect your entire Play Points balance on your Play Pass.
You may check your Play Points balances by going to kiosks throughout Participating Locations.
When the display window at the Game reads “Low Balance,” this means that the Game costs more Play Points than remain on your Play Pass; however, you may have enough Play Points to play another Game that requires fewer Play Points to play. If you do not have enough Play Points on your Play Pass to play any Game on the Game List provided, you can recharge your Play Pass.
Cancellation
Westgate may suspend or terminate your Play Pass and revoke or limit any or all of the rights and privileges granted to you at any time without notice, liability, reimbursement or compensation. Termination may result from your fraudulent or unauthorized use of the Play Pass or violation of these Terms & Conditions. If we terminate your card with cause, all Play Points will be voided and may not be used. You will receive no compensation from us for voided Play Points or time. If we terminate your Play Pass without cause, we will refund or issue store credits equal to the balance of Play Points or time purchased/held in your Play Pass account less any amounts that you may owe Westgate.
Activity Risks
a. Medical Recommendations. Guests should consult with his or her physician or have a physical examination before using any high intensity activities, especially if guest has heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or has other physical limitations.
b. Activity Instruction. Guests are strongly encouraged to review instructions for playing games to ensure the proper and safe use of all of equipment and services.
c. Guest Conduct. Guest shall not use any facility, service or equipment in such a way as to endanger the health or safety of guest or others. Guest shall be responsible for any property damage or personal injury caused by guest or his or her guests. Guest agrees not to violate any laws while at Mystery Fun House Arcade Experience.
d. Activity Risk. Any strenuous athletic or physical activity involves certain risks. Guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of Mystery Fun House Arcade Experience’s facilities. Mystery Fun House Arcade Experience cannot guarantee that any facility or equipment is free of risk. All guests agree to use care in the use of Mystery Fun House Arcade Experience’s facilities, equipment and services and to protect against accidents by other guests.
e. Guest Release and Indemnity. By participating in Mystery Fun House Arcade Experience activities, guest hereby acknowledges and agrees that there are inherent risks in using the equipment and games. Guest assumes full responsibility for his or her use of Mystery Fun House Arcade Experience’s facilities and shall indemnify Mystery Fun House Arcade Experience and its shareholders, affiliates, agents and employees against any and all liability arising out of the use of the facilities and activities. Additionally, guest shall hold Mystery Fun House Arcade Experience harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of participating in Mystery Fun House Arcade Experience activities.
f. Choice of Law and Arbitration Rights: These Terms & Conditions and your use of a Play Pass shall be governed by and construed in accordance with the laws of the State of Florida notwithstanding any conflict of law doctrines. Venue for any action arising hereunder shall exclusively lie in Orange County, Florida. In the event of any controversy between the parties, including but not to any claim, dispute, suit, demand, cross claim, counterclaim, or third-party complaint (whether statutory, in tort or otherwise) arising out of or relating to Mystery Fun House Arcade Experience and the interpretation or validity of these Terms, including the validity, scope or applicability of this arbitration provision (also “Agreement”), shall be determined by binding arbitration. This arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. THE PARTIES AGREE THAT ARBITRATION SHALL BE HEARD BY A SINGLE ARBITRATOR. YOUR CLAIM WILL NOT BE BROUGHT IN COURT AND NEITHER A JUDGE NOR A JURY WILL HEAR YOUR CLAIM. YOU MAY ASSERT A CLAIM IN ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND NOT IN ANY REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL OR CLASS, COLLECTIVE OR MASS ACTION. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS. The Arbitration shall be administered by the American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), or JAMS, 1881 Von Karman Ave., Suite 350 Irvine, CA 92612 (www.jamsadr.com). Arbitration shall be administered according to the arbitration service’s commercial arbitration fee schedule and the service’s current commercial rules and procedures except that: 1) the parties expressly waive the applicability of any rule governing class, collective or mass action; and 2) the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law. The arbitrator’s award shall be final and binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties. If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE A FUTURE CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 45 DAYS FROM THE DATE OF visiting and or using any of the Mystery Fun House Arcade Experience equipment. You may opt out of these arbitration procedures by calling (844) 311-6211 or via the internet by completing the opt-out form located at www.westgateoptoutform.com. Any opt out received after the opt-out deadline will not be valid and you must pursue your claim in arbitration. Whether you accept this arbitration agreement or opt out of arbitration so you can proceed in court, you acknowledge and agree that, in any court case you may file, you WAIVE THE RIGHT TO A TRIAL BY JURY AND THAT YOU CANNOT FILE A CLAIM IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, OR FILE A CLAIM AS A CLASS, COLLECTIVE OR MASS ACTION OR PARTICIPATE IN A CLASS ACTION.
g. Prevailing Party/Attorneys’ Fees. In the event guest commences an action against Mystery Fun House Arcade Experience or its shareholders, affiliates, agents or employees and fails to obtain judgment or partial judgment in guest’s favor, guest shall be liable to Mystery Fun House Arcade Experience for all costs and expenses associated with Mystery Fun House Arcade Experience’s defense of the action or any claims on which Member did not prevail, including attorneys’ fees and costs.
h. Costs of Collection. Guest agrees to pay all costs plus reasonable attorney’s and collection fees in connection with the collection of any amounts owed by guest to Mystery Fun House Arcade Experience.
i. Loss of Property. Guest is urged not to bring valuables onto Mystery Fun House Arcade Experience’s premises and to keep valuables with him or her at all times. Mystery Fun House Arcade Experience shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
j. Children’s Use. All children under 18 years of age must be accompanied by a parent or guardian at all times within Mystery Fun House Arcade Experience.
Liability Waiver
MYSTERY FUN HOUSE ARCADE EXPERIENCE AND ITS OWNERS/AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WR VACATION MARKETING, LLC. AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WR VACATION MARKETING, LLC. AND ITS OWNERS/AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH ITS SERVICES FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO WR VACATION MARKETING, LLC. FOR THE SERVICES, IF ANY, OR (B) US $1,000, whichever is less.