EXCITATIONS, LLC
Terms and Conditions

Congratulations on your purchase or receipt of an Excitations Experience. The following Terms and Conditions (the Terms and Conditions) contain important information and requirements related to your use of your Excitations Experience Card.

PURCHASING.
Purchasing an Excitations Experience is easy. Orders can be placed at www.excitations.com, via phone to Excitations Customer Service at  1.877.839.2483, or at selected retail venues. The purchaser will provide Excitations Customer Service with a credit card number and Excitations will confirm the purchase with an Order Number. Once an Excitations Experience Card has been purchased, Excitations will send a gift package to the recipient of that card. The keepsake gift box will include the Excitations Experience Card and additional instructions for the recipient to use in selecting and booking an Experience.

THE EXCITATIONS EXPERIENCE CARD.
The Excitations Experience Card contained in the gift package includes the Experience Card Number. The Experience Card Number is important identifying information and must be provided to Excitations when redeeming the Excitations Experience Card. The Experience Card may not be redeemed for cash. The Experience Card is not a credit card or a debit card. The stored value of the card is not an insured deposit in a financial institution. The Experience Card’s value is subject to state escheat law. In the event of escheat after the period of time required by state law, it will be your responsibility to prove your ownership to the state.

REDEEMING THE EXCITATIONS EXPERIENCE CARD.
In order to book an Experience, you will contact Excitations at www.excitations.com or via phone to Customer Service at 1.877.839.2483. You will provide Excitations with the Experience Card Number and once Excitations confirms that the Experience Card is active and determines the associated experience, you will select or confirm your Experience and select a location and preferred dates. Experiences are regionally based and are valid only in the region purchased.  Transferring experiences between regions requires an exchange pursuant to the Excitations Exchange policy described herein. Once Excitations schedules the Experience with the Experience Provider, Excitations will contact you and provide booking confirmation information including a Booking Confirmation Number. The Booking Confirmation Number is an important piece of identifying information and must be presented along with the physical Experience Card, together (the “Booking Information”), to the Experience Provider on the date of your Experience in order to participate in the Experience.

EXPIRATION OF THE EXCITATIONS EXPERIENCE CARD.
The Excitations Experience Card is valid for 12 months from the date of issue except where otherwise stated by law. The life of an Excitations Experience Card is not less than 12 months. Experiences must be booked by the Expiration Date unless the Excitations Experience Card is extended prior to the expiration date. Unless otherwise required or restricted by law, this extension is subject to an administrative fee of $30.00 as stated at www.excitations.com plus any additional price increase in the Experience or gift package itself.

NON REFUNDABLE.
Except where stated, Excitations Experience Cards are non refundable. Excitations takes no responsibility for any loss incurred as a result of identity fraud, or loss or theft of the certificate. Excitations Experience Cards are valid for use with an Experience Provider only when combined with a valid Booking Confirmation Number.

REFUNDS.
Within 30 days of purchase, Excitations will provide refunds for any unbooked Excitations Experience Card, subject to an administration fee of $20.00. Return preauthorization is required for all Excitations Experience Card Returns and can be obtained by contacting Excitations Customer Service at www.excitations.com, customerservice@excitations.com or via phone at 1.877.839.2483. The gift packaging and its contents must be returned in good condition to the address provided by Customer Service or found at www.excitations.com. Refunds will only be made to the original purchaser of the Excitations Experience Card per the payment method of the purchase. Once an Experience is booked and a Booking Confirmation is made, no refunds will be given. Please note Excitations Cancellation and Rebooking policies. After 30 days, your Excitations Experience Card will be exchangeable only. Please note Excitations Exchange Policy.

CANCELLATION AND REBOOKING.
After you have a Booking Confirmation, cancellations and rebooking are accommodated up to fourteen (14) days prior to the Experience unless otherwise noted at www.excitations.com for a particular Experience. Excitations can not accommodate schedule changes after that period. Failure to 1) appear as scheduled to participate in your Experience as specified in your Booking Confirmation (a “No-Show”) or 2) cancel and rebook the Experience at least fourteen (14) days prior to your Experience, unless otherwise noted at www.excitations.com for a particular Experience, results in a non refundable Cancellation.  Exceptions to Excitations fourteen day cancellation requirement are noted at www.excitations.com under the Special Cancellation Notes for each experience.

EXCHANGES.
Unbooked Excitations Experience Cards are exchangeable. When the new Experience is a lower priced item than the original, you will receive a credit toward a future Excitations Experience in the amount of the price difference. When the new Experience is a higher priced item than the original, you will incur a charge equal to the difference in the price of the Experiences. The new Experience and/or the credit will have the same Expiration Date as the original Excitations Experience Card, except where stated otherwise by law.

ASSIGNABILITY.
Excitations Experience Cards are assignable after a Booking Confirmation has been issued. However, once assigned, the new holder of the Experience Card must provide any relevant registration information to the Experience Provider on or before the day of the Experience. In addition, the new holder of the Experience Card shall be subject to all Terms and Conditions herein.

GIFT PACKAGES.
Excitations offers gift packages as part of its Excitations Experience Card program (Green Circle, Red Circle, etc.) which are described at www.excitations.com. Each of these gift packages contain several Experiences from which you may choose one experience. The Experiences offered as choices within each of these gift packages may change from time to time and each Experience description may vary slightly by location.

SWEEPSTAKES.
One winner per quarter will be randomly selected as the winner of an Excitations Quarterly Sweepstakes. If selected as a winner, as a condition to your receiving the prize package, you must sign a written affidavit of eligibility and liability/publicity which authorizes Excitations to use photographs and/or quotations (of you discussing your Experience) for any and all Excitations marketing and promotional purposes. Failure to sign the written release will result in your disqualification as a winner, and selection of an alternate winner in your place.

THE EXPERIENCE PROVIDER EXPERIENCES.
Excitations is not a provider of any Experience and has no responsibility for any Experience provided or not provided by our third party Experience Providers. Excitations makes no warranty or representation regarding the standard of any Experience to be provided by any Experience Provider. All Excitations Experience Cards are issued subject to the terms and conditions of each Experience Provider and subject to the Terms and Conditions herein. However, Excitations has no power to manage or control the operations of any Experience Provider. While Excitations takes reasonable precautions with regard to its Experience Providers, Excitations makes no guarantees or warranties whatsoever about the Experience provided by the Experience Providers.

ACCURACY OF DESCRIPTION.
Excitations will use its reasonable best efforts to keep all marketing information regarding the Experience as up to date as possible. However, details of each Experience are subject to change from time to time and may vary among Experience Providers and/or locations. Any pictures used in Excitations’ promotional materials are for illustration purposes only and may not reflect the specific details of an individual Experience. The Experience description as provided by Excitations is a summary at the time of print and may change, subject to the Experience Provider’s discretion. As such, descriptions in Excitations marketing materials may not fully or precisely describe the actual Experience received. The most current Experience descriptions are available at www.excitations.com. Information regarding your Experience will be provided to you as part of your Booking Confirmation. Participation in your Experience is conditioned upon your acceptance of the terms contained in the Booking Confirmation at the time the booking is confirmed.

COMPLAINTS.
Any concern or complaint that you have regarding your Experience must be addressed with the Experience Provider at the earliest opportunity on the day of your Experience so that the Experience Provider may address your concern or complaint.

DURATION.
The duration of each Experience is an approximation of the time you will spend at the venue. The Experience chronology and duration are approximate and may vary slightly depending on the Experience Provider and/or the location. In addition, when the Experience includes multiple participants, there may be waiting and/or instruction time at the time of the Experience.

EXPERIENCE RESTRICTIONS.
Certain Experiences are subject to minimum requirements regarding age, height, health or other factors. Information regarding these requirements will be provided to you in during the booking process and is available at www.excitations.com. Excitations descriptions will as accurately as possible explain any limitations or requirements relating to your Experience. It is your responsibility to comply with all necessary requirements of your Experience as set out on the Excitations web site and/or in the Booking Confirmation. Cancellations of your Experience after Booking Confirmation due to your inability to meet these requirements is subject to the Excitations Cancellation and Rebooking policies described herein.

WEATHER.
Due to the nature of some Experiences, participation on the day of the Experience may be dependent upon the weather. The Excitations web site and your Booking Confirmation will include instructions about weather conditions. You must read this information carefully to ensure that you know how to learn if your Experience has been cancelled. In addition, you may need to contact the Experience Provider on the day of your Experience if there is any question about weather conditions. You should not make assumptions about weather cancellations because failure to complete your Experience after Booking Confirmation (even if you assume that there has been a weather-related cancellation) results in a non-refundable Cancellation. However, if the Experience Provider cancels your Experience because of weather conditions, you will be able to re-book without incurring any additional charges.

WITHDRAWAL OF AN EXPERIENCE
OR LOCATION.
In the unlikely event that an Experience is withdrawn from Excitations offerings, Excitations will provide you with an alternative Experience or with an Excitations Experience Card of equal or similar value. If your Experience has been withdrawn after you have a Booking Confirmation for that Experience, Excitations will rebook an alternative Experience and you will not incur any additional charges. In the unlikely event that the location for an Experience is withdrawn from Excitations offerings, Excitations will provide an alternative location for your Experience. If a location has been withdrawn after you have a Booking Confirmation for that location, Excitations will 1) rebook you at an alternative location, 2) exchange your Excitations Experience Card for an alternative Excitations Experience Card of equal or similar value.

AVAILABILITY.
All Experiences are offered subject to availability and must be booked through Excitations at www.excitations.com/redeem or via phone to Customer Service. Bookings should be made in advance. Guidelines and suggestions for advanced booking will vary by Experience and are provided on Excitations’ website (during the booking process). Booking Confirmations are provided via email, fax or post; no other booking confirmation is valid.  In the case of mechanical difficulties, acts of God, equipment availability, celebrity illness or the like, Excitations reserves the right to work with the Experience Provider to make a reasonable substitution on the day of the Experience. If substitution is not possible, Excitations reserves the right to cancel the Experience on short notice. If an Experience is cancelled by Excitations or the Experience Provider, for any reason, you will be notified as soon as possible in order to book a convenient alternate date for your Experience at no additional charge. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, Excitations will not offer refunds or be liable in any way for expenses that you incur related to an Experience that has been cancelled by the Experience Provider.

ACCESSIBILITY.
Excitations recognizes that persons with disabilities may have difficulty participating in certain Experiences. Excitations encourages the involvement of all persons in the Experiences. To help us meet your needs, we ask that you inform us of any relevant disability when your Experience is booked. For any further questions or comments, please call an Excitations Customer Experience Representative at  1.877.839.2483 or email us at CustomerService@excitations.com.
 
ACCEPTANCE.
You will be subject to the Terms and Conditions contained herein when you purchase or redeem your Excitations Experience Card and/or when you book or participate in your Experience. Acceptance of these Terms and Conditions is a condition of using the Excitations Experience Card whether or not you are the original purchaser of that card. Excitations reserves the right to change the Terms and Conditions without notice and will post the most current version of the Terms and Conditions on our website, www.excitations.com.
 The purchase or redemption of your Excitations Experience Card and/or the booking of or participation in your Experience will be deemed acceptance of all Terms and Conditions in effect at the time of your Experience. In addition, in order to participate in your Experience, you will be subject to any and all of the Experience Provider’s posted guidelines and rules applicable to participants of that particular Experience. This requirement includes signing appropriate liability waivers if required by the Experience Provider. Nothing contained herein implies acceptance by Excitations of the Experience Provider’s terms and conditions if any.
 The purchase or redemption of your Excitations Experience Card and/or the booking of or participation in your Experience will be deemed confirmation that you 1) understand acknowledge and agree to all Terms and Conditions and 2) know, appreciate and understand that depending on the Experience that you select, the Experience may include activities with significant safety risks to you. You accept that you 1) reasonably anticipate these safety risks and accept them, 2) have had time to consider and review all relevant information regarding participation in the Experience and 3) voluntarily choose to participate in the Experience.
 Notwithstanding the above, if you have appeared for your Experience at your scheduled time, date and location, you may decline to participate in any Experience if, at the time of the Experience, you decide that the level of risk is too great or if you are not satisfied by the Experience Provider’s safety standards. In this circumstance, you must notify the Experience Provider immediately of 1) that fact that you decline to participate and 2) the nature of the safety issue. At its sole discretion based on the nature of the safety issue, Excitations will work with you to rebook the same (or similar) Experience.
 In consideration of your use of the Excitations Experience Card, you represent that you are at least 18 years old and are competent to form a binding contract. If you are booking an Experience for a minor, you agree that you have authority to accept these Terms and Conditions on behalf of said minor. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Excitations and/or the Experience Provider (the “Registration Information”). If you provide any Registration Information that is untrue, inaccurate, not current or incomplete, or if Excitations or the Experience Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Excitations and/or the Experience Provider has the right to refuse to provide the Experience (or any portion thereof) to you.

PRIVACY POLICY.
The purchase or redemption of an Excitations Experience Card and/or the booking of or participation in an Experience implies acceptance of the Excitations Privacy Policy. Registration Information and certain other information about the Recipient is subject to Excitations Privacy Policy. For more information, and to read Excitations Privacy Policy, please visit www.excitations.com.

TRADEMARK.
“Excitations” and “Excitations Experience Cards” are trademarks of Excitations and all other graphics, logos, text, pictures, trade names, and Experience names incorporated in the Excitations web site or related to the Excitations Experience Cards are trademarks or registered trademarks of Excitations, and are protected by United States and international copyright and trademark laws. The copyrights and trademarks may not be used in any manner whatsoever in whole or in part without the express written consent of Excitations.

LIABILITY.
EXCITATIONS IS INDEPENDENTLY OWNED AND OPERATED AND IS NOT AFFILIATED, DIRECTLY OR INDIRECTLY AS OWNER, MEMBER, MANAGER, STOCKHOLDER, DIRECTOR, OFFICER, EMPLOYEE, CONSULTANT OR OTHERWISE, WITH ANY EXPERIENCE PROVIDER.EXPERIENCE PROVIDERS ARE INDIVIDUALLY RESPONSIBLE FOR THEIR HEALTH AND SAFETY STANDARDS AND OPERATING PRACTICES. EXCITATIONS MAKES NO GUARANTEES REGARDING THE CONSISTENCY OR EFFICACY OF INDIVIDUAL EXPERIENCE PROVIDERS.
 EXCITATIONS DISCLAIMS ANY WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) IN CONNECTION WITH AN EXPERIENCE PROVIDER OR A RELATED EXPERIENCE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, EXCITATIONS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF ANY EXPERIENCE OR ANY DOCUMENTATION PROVIDED BY AN EXPERIENCE PROVIDER IN CONNECTION WITH AN EXPERIENCE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
 EXCITATIONS ACCEPTS NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE WHICH ARISES OUT OF OR IS IN ANYWAY CONNECTED WITH (A) THE USE AND REDEMPTION OF THE EXCITATIONS EXPERIENCE CARD OR (B) THE PERFORMANCE OR NONPERFORMANCE BY ANY EXPERIENCE PROVIDER EVEN IF ALL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCITATIONS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL.
 BY REDEEMING AN EXCITATIONS EXPERIENCE CARD, THE RECIPIENT ACCEPTS ALL TERMS AND CONDITIONS AND HEREBY RELEASES AND FOREVER DISCHARGES EXCITATIONS AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AUTHORIZED AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITIES, LOSSES, CHARGES, CLAIMS, COSTS, DAMAGES INJURY AND ACTIONS, IN LAW OR EQUITY, THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES HAVE OR MAY IN THE FUTURE HAVE BY REASON OF ANY ACT OMISSION, MATTER, CAUSE OR THING THAT OCCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH A PARTICULAR EXPERIENCE.
 IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE IN ANY RESPECT, THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT BE AFFECTED. ALL CLERICAL ERRORS ARE SUBJECT TO CORRECTION. THE FAILURE OF EXCITATIONS TO ENFORCE AT ANY TIME ANY OF THE PROVISIONS OF THE AGREEMENT SHALL NOT BE CONSTRUED TO BE A WAIVER OF SUCH PROVISIONS OR THE RIGHT OF EXCITATIONS TO ENFORCE SUCH PROVISIONS IN THE FUTURE.
 ANY DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE RESOLVED, IF NOT SOONER SETTLED, BY A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN THE COMMONWEALTH OF VIRGINIA, U.S.A., AND THE RECIPIENT HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.