MEMBERSHIP AGREEMENT TERMS AND CONDITIONS

The Wonderspaces Membership Program (“Program”) is a program offered by Wonderspaces Arizona LLC (“Wonderspaces”) to Eligible Participants (defined below).  The Program allows Eligible Participants who have registered for the Program to earn and receive certain benefits for being a Program member.  The Program is offered at the Wonderspaces Arizona LLC location in Scottsdale, Arizona, USA.  By signing this Agreement, you are signifying that:  (i) you have read, accept and agree to be legally bound by these terms and conditions (the “Rules”), and (ii) you agree that Wonderspaces and its parents, affiliates and subsidiaries may send you Program-related emails, and mobile app push notifications (for those who elect to download the Program app). 

ELIGIBILITY

The Program is open to individuals who: (a) are a legal resident of the United States or Canada; (b) are over the legal age of majority in their state, province or territory of residence at the time they register for the Program; (c) have an active e-mail address; and (d) have an active mobile telephone number.  Neither Wonderspaces’s employees nor its affiliates’ employees are eligible to participate in the Program.  Only individuals may register for the Program.  No corporations, partnerships, limited liability companies, trusts, or other legal entities may register for the Program.  Any individual who is eligible to participate in this Program in accordance with these criteria (as determined by Wonderspaces in its sole and absolute discretion) will hereinafter be referred to as “Eligible Participant(s)”, “you”, “your”.  Each Eligible Participant’s compliance with the eligibility requirements set forth above is subject to verification at any time. In connection therewith, Wonderspaces reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Wonderspaces, including, without limitation, government issued photo identification) to participate in the Program.  Failure of an Eligible Participant to provide such proof to the satisfaction of Wonderspaces in a timely manner may result in disqualification from the Program.  If you do not meet the eligibility criteria of this Program, you may not participate in this Program.  Wonderspaces reserves the right to immediately and without notice cancel all benefits (“Benefits”) of being a Member and delete the Program enrollment of any ineligible person found participating in the Program.

ENROLLING

            To register for the Program, an Eligible Participant may go to www.arizona.wonderspaces.com/membership (the “Website”) and register.  All required information must be completed including, first and last name, month and year of birth, telephone number, billing address and Annual Fee payment information. You must complete your registration (“Registration”) before you can receive any Benefits.  Upon Registration, you will be considered a “Member” in the Program.

            The Registration process is simple:

1.     Go to www.arizona.wonderspaces.com/membership and click the “Subscribe” button

2.     Enter your e-mail address

3.     Enter your Payment information, including your payment information, first and last name, billing address and phone number.

4.     Review the information provided and the terms and conditions of this Membership Agreement

5.     Click Subscribe if you agree with the terms and conditions of the Agreement

TERM

            The Program is for an initial term of twelve (12) months from the date of Registration.  Upon the expiration of the initial term, your membership in the Program will end.  You may renew at any time by completing another Registration. 

MEMBERSHIP FEE

            The cost of enrolling in the Program is $100.00 annually (“Annual Fee”).  The initial Annual Fee is due at Registration.  By clicking Subscribe, you hereby authorize Wonderspaces to charge your credit or debit card in the amount of the Annual Fee of the Program.

The closing of or change to any payment account, insufficient funds, or any other action which prevents the charge for your Annual Fee will be grounds for Wonderspaces, in its sole and absolute discretion, to terminate your enrollment in the Program.

            The Annual Fee may be modified from time-to-time by Wonderspaces. Any such change shall be effective and applicable to you during the next applicable renewal period.

            Wonderspaces may offer discounted Annual Fees to certain Members.  Any such customer who receives and accepts an offer of a discounted fee that is less than the Annual Fee will be charged the full amount of the then in-effect Annual Fee upon renewal of the initial term. 

PROGRAM MEMBERS

            We will use your contact information to keep in touch with you.  If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please send us an email message at Membership-az@wonderspaces.com. 

            There is a limit of one Registration per Eligible Participant permitted.  If it is discovered that any Eligible Participant (or, an individual purporting to be an Eligible Participant) has attempted to: (i) obtain more than one Registration; (ii) share one Program membership across multiple individuals, including among households/families; and/or (iii) use multiple or false names, identities and/or more than one e-mail address to complete a Registration, then, in Wonderspaces’s sole and absolute discretion, you may be disqualified from participating in the Program and we may terminate your enrollment in the Program and de-activate all Member Benefits.  Further, Wonderspaces may refuse to allow you to re-register in the Program.

            An Eligible Participant’s Registration will be blocked from registering in the Program, or we may cancel your enrollment in the Program, if, in the sole and absolute discretion of Wonderspaces, any information you provide us is not truthful, accurate and complete. Use, or any attempted use, of multiple names, identities, e-mail addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to register for or otherwise participate in or disrupt the Program is strictly prohibited and is grounds for disqualification.  Wonderspaces is not responsible for late, lost, misdirected, delayed, incomplete or incompatible Registrations (all of which are void).  Wonderspaces reserves the right, in its sole and absolute discretion, to refuse issuance or revoke your enrollment in the Program to any individual that does not follow the required registration procedures as set out in these Rules, or for any other reason or no reason.

We do not anticipate having to limit the number of people that we will allow to register for the Program, but we reserve the right to do so.

Membership in the Program is not assignable or transferable and any attempted transfer or assignment without Wonderspaces’ prior written consent shall be null and void.

KEEPING IN TOUCH WITH YOU

As a part of the Program, Wonderspaces may send you informational and marketing messages to the email address you have provided as part of your Registration, such as messages informing you of improvements we make to the Program, new Benefits, Benefits that may be ready to expire, new menu items you may want to try, and events happening in Wonderspaces’s facilities. If you do not wish to receive these informational or marketing messages, you may “opt-out” by clicking on the “unsubscribe” link contained in the information and marketing message that you have received from Wonderspaces or by emailing us at Membership-az@wonderspaces.com.

Contacting You by E-mail

If at any time you no longer wish to receive such informational and marketing e-mail messages you may click on the “unsubscribe” link contained in the informational and marketing e-mail messages that you have received from us or you can terminate your enrollment in the Program as described below in the How and When the Program May End section of the Rules. Please note that if you cancel your enrollment in the Program, Wonderspaces will de-activate your membership in the Program and you will forfeit all Benefits that you may have earned.

PRIVACY

We will use the information you provide us when you register for the Program and when you update your information in the manner described herein in accordance with the Membership Privacy Policy (“Privacy Policy”) available at https://www.wonderspaces.com/privacystatement. If we revise that Privacy Policy, then these Rules will automatically be deemed to refer to the Privacy Policy as so revised when published on our website.

THE BENEFITS OF BEING A MEMBER

Being a Member makes you eligible to receive a variety of Benefits.  As a Member you may receive:

·       Unlimited visits to Arizona shows for the Member only, arranged one visit at a time

·       Personalized email customer service to coordinate Member visits, upon 48 hours’ advanced notice

·       Invitation to preview night for Member before the opening of each show

·       One drink for each of the Member and one friend with each visit (not to exceed 6 visits per year)

·       Receive show lineup prior to general public release

·       10% off the regular ticket price for individuals accompanying the member on each visit

·       10% discount at the shop, bar, any online store (not to include ticket purchases), and other Wonderspaces’s events, and/or

Benefits have no cash value and are not exchangeable for cash. Benefits have no value outside of this Program. A Benefit is void if it is copied, duplicated, transferred, or modified in any way. Benefits cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise transferred. Any Benefits so acquired are void. The accumulation of Benefits does not entitle the Member to any vested rights, and Wonderspaces does not guarantee in any way the continued availability of any Benefit.

All Benefits are subject to verification at any time for any reason. Wonderspaces reserves the right, in our sole and absolute discretion, to invalidate any Benefits we deem to have been awarded in error, or as the result of any fraudulent or dishonest activity, or any activity not in keeping with the letter and/or spirit of these Rules, as interpreted by Wonderspaces in its sole and absolute discretion. Any Benefits that cannot be verified to the satisfaction of Wonderspaces are subject to disqualification.

Wonderspaces will not be liable for the failure of any Benefits to be rewarded or recorded for any reason, including, but not limited to, (i) any failure of the Website; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; and/or (iii) any combination of the above.

If your enrollment in the Program is ended (regardless of the reason), Wonderspaces will de-activate your enrollment in the Program and you will forfeit all Benefits. Upon the death or personal bankruptcy of a Member, the Member’s enrollment in the Program will end and any Benefits will be forfeited. Benefits are not divisible in the case of divorce.

A full explanation of the Benefits of being Member is available at www.arizona.wonderspaces.com/membership   All Benefits are subject to change at any time and based on availability.

CHANGES TO THE MEMBERSHIP PROGRAM

To the extent permitted by applicable law, we have the right at any time, with or without giving you prior notice and without incurring any liability or obligation, to do any one or more of the following:

·       End the Program and/or any specific Benefit;

·       Change any Program Benefit we offer;

·       Change the requirements for earning a particular Benefit;

·       Change the time you have in which to earn and/or redeem a particular Benefit; and

·       Change any other feature of the Program.

If we decide to end the Program or a specific Benefit, we will attempt, but are not obligated, to provide you ninety (90) days’ prior notice either by e-mailing you at the e-mail address associated with your Registration or by posting a notice on the Website. However, our failure to notify you that we are ending the Program or that we are ending a specific Benefit will not give you any right to require us to continue the Program or the specific Benefit after the date we end the Program or the specific Benefit. Neither will our failure to notify you obligate us to compensate you for any Benefits that you do not use before we end the Program or the specific Benefit. If we end the Program, Benefits and credits you have earned but not used will expire on the end date, and you may not redeem any Benefits or use any credits after the end date.

To the extent permitted by applicable law, when you register for the Program, you waive your rights under any law that may require us to obtain judicial permission to change these Rules or to end the Program.

HOW AND WHEN MEMBERSHIP IN THE PROGRAM MAY END

You may cancel your enrollment and membership in the Program at any time by sending an email message to Wonderspaces at Membership-az@wonderspaces.com.

As soon as you cancel your enrollment and membership in the Program, Wonderspaces will de-activate your enrollment in the Program and you will forfeit all Benefits that you may have earned and, except as set forth in the following paragraph, no portion of your Annual Fees or other membership fees will be returned.

You may cancel your enrollment in the Program without penalty within three (3) business days of the initial Registration by one of the two above methods.  Upon such cancellation, you will receive a full refund of all Registration monies paid, less any processing fees.

We may cancel your enrollment in the Program if we determine that you are or become ineligible for the Program or that you have violated these Rules. We may cancel some or all of your earned Benefits and credits if we determine that you received the Benefits in error, through fraud or deception, or in any manner not consistent with these Rules.

LIMITATION OF LIABILITY

IN THIS LIMITATION OF LIABILITY SECTION OF THE RULES, WONDERSPACES AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES ARE REFERRED TO AS THE “WONDERSPACES PARTIES.” BY REGISTERING FOR AND PARTICIPATING IN THE PROGRAM, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE WONDERSPACES PARTIES SHALL BE LIABLE TO YOU FOR: (1) ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE, INCLUDING LEGAL FEES, ARISING OUT OF OR RELATED TO THE PROGRAM, BENEFITS, THESE RULES OR THE WEBSITE; (2) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THE PROGRAM, THESE RULES OR THE WEBSITE, (3) ANY FAILURE, DELAY OR DECISION BY THE WONDERSPACES PARTIES IN ADMINISTERING THE PROGRAM; (4) ANY USE OF YOUR PROGRAM CARD BY ANY PARTY OTHER THAN YOU; (5) ANY REPRESENTATION, CLAIM, OFFER OR STATEMENT WE MAKE ABOUT THE PROGRAM; OR (6) YOUR USE AND ACCEPTANCE OF ANY BENEFITS YOU RECEIVE THROUGH THE PROGRAM. YOU FURTHER AGREE THAT IN NO EVENT WILL THE WONDERSPACES PARTIES BE LIABLE TO YOU FOR MORE THAN U.S. ONE HUNDRED DOLLARS (USD$100) IN THE AGGREGATE ON ACCOUNT OF ALL WRONGFUL ACTS OR OMISSIONS BY THE WONDERSPACES PARTIES ARISING OUT OF OR RELATING TO THE PROGRAM, BENEFITS, THESE RULES, THIS AGREEMENT OR THE WEBSITE.

NO GUARANTEE

Wonderspaces does not represent or warrant the accuracy or completeness of the information posted on the Website regarding the Program or otherwise, or that the Website will be available to you 100% of the time.

GOVERNING LAW; CONSENT TO JURISDICTION; CLASS ACTION WAIVER

            The law of the state of Arizona, without regard to its conflict of laws rules, will govern your registration and participation in the Program and our performance of our obligations under the Program. You and we agree to submit to the personal jurisdiction of, and to bring any action against the other party that arises out of the Program only in, the state and federal courts located in Scottsdale, Arizona.

If applicable law prohibits us from offering the Program to you, then you may not register for the Program. If applicable law prohibits us from offering you a feature of the Program, then we may either not offer you that feature of the Program or cancel your enrollment in the Program.

You and we agree to each waive any right to jury trial. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

CHANGES TO THE RULES

We may change these Rules from time to time as we deem appropriate, with or without providing you prior notice of the change and without incurring any liability or obligation. If we change the Rules, then the revised Rules will be substituted for these Rules on the date the revised Rules go into effect. If the revised Rules provide that a Benefit will expire sooner than the Benefit would have expired under the prior Rules, then the revised Rules govern. We will post the changes to these Rules and will indicate at the bottom of this page the date these Rules were last revised. A Member’s continued access to and/or use of the Program after any such changes constitutes his/her acceptance of, and agreement to be legally bound by, these Rules as revised. It is each Member’s sole responsibility to regularly check the Website to determine if there have been any changes to these Rules and to review such changes. We suggest that each Member print a copy of these Rules for his/her records.

ENTIRE AGREEMENT

These Rules and other documents incorporated by reference into these Rules constitute the entire agreement between the parties and set out all the covenants, promises, warranties, representations, conditions and agreements between the parties in connection with the subject matter of these Rules and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, pre-contractual or otherwise. There are no covenants, promises, warranties, representations, conditions or other agreements, whether oral or written, pre-contractual or otherwise, express, implied or collateral, whether statutory or otherwise, between the parties in connection with the subject matter of these Rules except as specifically set forth in these Rules and any agreements or documents incorporated by reference into these Rules.

Last revised 4/28/2019