TERMS AND CONDITIONS
The terms and conditions set forth herein (the “Terms”) comprise the agreement between you, each Group (as defined herein) of which you are a part and The Wondrous Inc. d/b/a The Wonder (“The Wonder”) regarding such Group’s use of and access to the social club operated on The Wonder’s premises (the “Club”). Unless otherwise specified, all capitalized terms used and not defined here have the meaning ascribed to such terms in the applicable agreement or policy.
By purchasing a pass, (or accessing a complimentary guest pass) to or using or accessing the Club, you acknowledge that you have carefully read these Terms and understand and agree that you and your Group will be bound by all of its terms, policies and procedures, releases, waivers and indemnification of the Club. Without limiting the generality of the foregoing, you expressly acknowledge and agree that you are authorized to agree to these Terms on behalf of each member of your Group, that you are assuming all risks of bringing each child in your Group to the Club and that, in the event of illness or injury of any member of your Group, neither you, nor any member of your Group or parent, guardian or authorized caregiver thereof, will have any recourse against The Wonder, its employees, agents, officers, shareholders or directors.
Your “Group” comprises each individual identified by you that is accessing the Club with you. Your Group must include at least one (1) child under eighteen (18) years of age and one (1) adult eighteen (18) years of age or older who is the parent, legal guardian or authorized caregiver of such child. Your Group may include multiple children under eighteen (18) years of age so long as at least one (1) member of your Group is the parent, legal guardian or authorized caregiver of each such child.
WAIVER, RELEASE & INDEMNITY
You acknowledge and agree that you are aware of the risk of illness or injury inherent in the use of the Club or any program thereof. You and each member of your Group are using the Club and participating in The Wonder’s programs with the express understanding, acknowledgment and agreement that you, on behalf of yourself, each member of your Group, and each parent, legal guardian or authorized caregiver thereof, hereby indemnify, waive, release and hold harmless The Wonder, its affiliates and its and their respective officers, directors, employees, consultants, contractors and agents (collectively, the “Indemnitees”) from any and all claims, losses, actions, liabilities, suits, proceedings, demands, expenses or judgments, including attorneys’ fees and court costs (hereinafter “Claims”) resulting from any of the following: (a) each member of your Group’s use of or access to the Club or participation in any programs thereof; or (b) any injury or damage to any person or property arising out of or in connection with the acts or omissions of any member of your Group while using, accessing or participating in the Club.
Liability Exclusion. THE WONDER WILL NOT BE LIABLE TO YOU (NOR ANY MEMBER OF YOUR GROUP, ANY PARENT, LEGAL GUARDIAN OR AUTHORIZED CAREGIVER THEREOF OR ANY OTHER PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, OR FOR ANY LOST REVENUES OR PROFITS, LOSS OF USE, LOSS OF COST OR OTHER SAVINGS OR LOSS OF GOODWILL OR REPUTATION, WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) ARISING FROM, RELATING TO OR IN CONNECTION WITH THE CLUB OR THESE TERMS, REGARDLESS OF WHETHER THE WONDER WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
Limitation of Damages. THE WONDER’S MAXIMUM LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE CLUB OR THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, INDEMNITY, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED, IN THE AGGREGATE, $500.
Exceptions. To the extent any of the exclusions or limitations of liability set forth in this section are determined to be not enforceable under applicable law, such exclusions and limitations of liability shall be enforced to the fullest extent permitted under applicable law.
The Customer’s Responsibilities. By using and/or accessing the Club, or permitting any member of your Group to use and/or access the Club, you acknowledge and agree that you assume full responsibility for each member of your Group. You acknowledge and agree that a parent, legal guardian or authorized caregiver affiliated with your Group shall remain on the Club premises at all times while any member of your Group is in the Club, and you agree, on behalf of yourself, each other member of your Group and any parent, legal guardian or authorized caregiver thereof, to assume all risks that may occur should any such parent, legal guardian or authorized caregiver leave the Club. In furtherance of the foregoing, you hereby represent that no member of your Group is or will be ill when using or accessing the Club or participating in programs thereof and, to the best of your knowledge, no member of your Group has been exposed to any contagious disease.
Photo Release. On behalf of yourself and each member of your Group, you hereby grant The Wonder the right and license to record and/or capture your likenesses while using and/or accessing the Club, whether in the form of photograph, video, or other digital media (“Photo”), and to use any such Photo in any and all of its publications, including web-based publications, without payment or other consideration. You understand and agree that all such Photos will become the property of The Wonder. On behalf of yourself and each member of your Group, you hereby grant the Wonder a perpetual, irrevocable, fully-paid, royalty-free, sublicensable, transferable right and license to edit, alter, copy, exploit, exhibit, publish, or distribute your Photos for any lawful purpose, including (but not limited to) news, web casts, promotional purposes, telecasts, advertising, and social media.
Emails and SMS. When booking a reservation at The Wonder, you agree to be added to The Wonder’s email and SMS subscriber list.
RULES & REGULATIONS at The Wonder
The following rules and regulations apply to all Clubs and may be amended, modified or waived at any time at the sole discretion of The Wonder management. On all questions regarding the interpretation of the following rules and regulations, the decision of The Wonder shall be final. The Wonder reserves the right to suspend visitor privileges for violation of any rule or regulation.
Indoor Play Space Policies. The Wonder’s indoor play space is offered throughout the day for children aged 0-10 years old. Children using the indoor play space must be accompanied by their parent/legal guardian or authorized caregiver at all times. For your child’s safety, no outside food, drinks or shoes are permitted in the play area. Shoes of any kind are prohibited in the classrooms and the indoor play space. The Wonder requires that all customers wear socks within the Club. The Wonder reserves the right to limit the number of individuals that are in any enclosed area of a Club, including the indoor play space, at any one time.
The Wonder Staff. The Wonder’s staff comprise and essential part of The Wonder community. Inappropriate conduct with or treatment of any staff member by you or any member of your Group will lead to the immediate termination of your membership and/or reservation, with no refund to you. YOU ACKNOWLEDGE AND AGREE THAT THE WONDER’S STAFF IS NOT RESPONSIBLE FOR YOUR CHILD, ANY OTHER MEMBER OF YOUR GROUP, OR THE BEHAVIOR OR ANY OF THE FOREGOING AT ANY TIME, AND YOU WILL BE SOLELY RESPONSIBLE FOR THE SAFETY AND BEHAVIOR OF YOUR CHILD AND EACH OTHER MEMBER OF YOUR GROUP AT ALL TIMES. FOR THE AVOIDANCE OF DOUBT, THE WONDER’S STAFF WILL NOT CHANGE DIAPERS, FEED OR PROVIDE SIMILAR SERVICES FOR YOUR CHILD OR ANY OTHER MEMBER OF YOUR GROUP.
Check-In Procedures. The customers will be required to check in with front desk staff upon entering a Club. Please note that The Wonder does not accept cash at any Club.
Stroller Policies. Due to fire safety regulations, strollers are not allowed inside any Club with the exception of specific designated stroller areas.
Parent/Legal Guardian or Authorized Caregiver Presence. At least one parent, legal guardian or authorized caregiver per Group must remain in the Club at all times while a child is at The Wonder.
Personal Conduct. By accessing the Club, you and each member of your Group agree to conduct yourselves in ways that do not threaten the health, well-being, and full enjoyment of The Wonder’s offerings by any other customers, children and caretakers. The Wonder reserves the right to remove any customer from the Club for conduct that The Wonder, in its sole discretion, judges to be detrimental to the welfare of other customers. This includes the right to refuse a child’s participation in any class, program or service due to the child’s continued behavioral problems.
Illness Policy. In consideration of other members and guests, please keep sick children at home. Children should not return to any Club after illness until all symptoms have been absent for at least 24 hours. Please refer to the CDC’s website for specific information regarding contagious illnesses, or ask for more information at the front desk. The Wonder reserves the right, in its sole discretion, to send a child home to get well. If your child or any other member of your Group has allergies, please inform a staff member of The Wonder and request to include this information on your online account. The Wonder does not have a medical staff available and is not permitted to provide emergency or other medical treatment. THE WONDER WILL NOT BE LIABLE TO YOU, ANY MEMBER OF YOUR GROUP OR ANY PARENT, LEGAL GUARDIAN OR AUTHORIZED CAREGIVER THEREOF AS A RESULT OF YOUR FAILURE TO INFORM THE WONDER OF ANY ALLERGY.
Animals and Items from Home. To help provide a safe environment, live animals other than trained service animals with proper certification are not permitted in any Club. Children are not permitted to bring objects into a Club that may constitute a safety hazard, such as toys, jewelry, food or anything that may present a choking or strangulation hazard. Transitional objects such as blankets, stuffed animals or pacifiers are welcome.
Personal Belongings. The Wonder accepts no liability for loss or damage to any personal property brought into any Club. This includes, but is not limited to, any property left in a Club. Any personal property left a Club and handed in to a staff member of The Wonder will be retained for thirty (30) days. After this time, the property will be donated or disposed of.
Cell Phones. Please do not allow the use of cell phones to detract from your ability to supervise your child. The Wonder requests that ringers be turned to silent or vibrating mode during your visit. Please speak in a low voice when using your cell phone.
Cancellation Policy. Customers may cancel or reschedule Open Play reservations up to 24 hrs before the start of their reservation. Cancellations made within 24 hrs of the reservation time will be treated as a no-show. Refunds or credits will not be issued for no-shows. Memberships may be canceled anytime by emailing email@example.com. Class registrations may be canceled for a full refund up to one week (7 days) before the first scheduled class. Refunds or credits will not be issued for missed classes.
Inclement Weather Policy. The Wonder reserves the right to close the Club due to inclement weather for the safety of staff and guests. In such an event, The Wonder will use commercially reasonable efforts to offer an alternative date and time to reschedule Open Play reservations.
No Smoking. Smoking is strictly prohibited at The Wonder.
Photography. You may not photograph, record or use the likeness of any other customer, whether on social media or for any other purpose, without their express consent. The Wonder shall not be liable to you or any other person for any photos or images taken by or of you or any member of your family.
Alterations to Terms. The Company may make changes to these Terms from time to time in its sole discretion, and will make commercially reasonable efforts to send notice to you via email to the email address provided by you to the Company for any material changes. Your use of and access to the Club following any such changes to these Terms constitute your agreement to be bound by the modified Terms.