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Terms & Conditions

CANCELLATION/REFUND POLICY

All sales are final. Online tickets purchased cannot be refunded or exchanged for different dates or times.

WAIVER POLICY

Every person must sign a waiver before entering the park, even if you are not jumping. Please have all waivers signed before checking in at the Front Desk.

GROUPS POLICY

Groups with 10+ Jumpers should call ahead to purchase advance tickets (weekdays only). For group or birthday bookings that will take place within 48 hours, please call us. Group rates are only available Monday through Friday.

DELIVERY POLICY

An order confirmation with digital tickets will be emailed upon completion of your online order. The tickets must be presented at the park for redemption. In the event an order confirmation is not received within 24 hours, please contact the park by emailing us at [email protected].

PRIVACY POLICY

Privacy is important to CircusTrix Holdings, LLC. Making sure that you know how we collect, use, share, and secure information on this website is also important to us.

FLIGHT CLUB TERMS & CONDITIONS

All monthly Memberships have a minimum commitment of three (3) months from the Start Date (or if none is specified, then the date of the Membership Agreement). Monthly Memberships will continue to be billed on a monthly basis unless Member terminates the monthly commitment by completing the cancellation web form at DEFY.com/membershipcancel. Requests must be received at least 3 business days before the Member’s monthly recurring payment date to avoid additional monthly membership fees being incurred. Written cancellations must be received at least 10 calendar days before the Member’s monthly recurring date.

SUPERVISION

Children under the age of 13 cannot be left alone without parent or guardian supervision.

ELIGIBILITY AND CONDITIONS

Each authorized Member must follow the Park’s rules, procedures, policies, instructions and have a photo with that Member’s participant and arbitration agreement, indemnification, general release and assumption (“Waiver”) signed waiver; which will be stored in the Park’s database. Member hereby expressly authorizes storage of his or her personal data on the Park’s database. A Member must have a proper photo and Waiver on file with the Park’s point of sale software. Photos on file for active Members must be periodically updated with current photos. At this time, Members must replace their photos every two (2) years. Further identification may be required. A Member must have his/her valid Waiver on file. Waivers must be updated at least once per calendar year. Monthly Memberships are not valid for private or special events including birthday parties, team parties, corporate events, groups, or other special events or promotions that require a separate admission, such as Glow, Lock-ins and weekend or special toddler times unless otherwise specified. Monthly Memberships are nonrefundable, nontransferable and remain the property of the Park. Restrictions apply including, but not limited to, capacity constraints and other closures. Monthly Memberships do not guarantee admission, especially during high attendance periods. Additionally, Monthly Memberships may not be used for commercial purposes and are void if altered or misused. A Member assumes the inherent risks associated with the operation or use of all trampolines and attractions and should read and obey all safety signage, instructions and rules. Parks, services, entertainment and attractions may change operating hours, close temporarily, or may otherwise change or be discontinued without notice and without liability. The Park is not responsible for lost or stolen property. Members must abide by any rules and regulations applicable to the Park or to the use of the Monthly Memberships as promulgated by the Park from time to time. Monthly Memberships are only valid at the location of purchase.

TERMINATION

The Park reserves the right to cancel, suspend or revoke any Monthly Membership or deny park admission to any Member at any time for any reason. Cancellation, suspension or revocation of park privileges or of a Monthly Membership due to misuse and/or failure to adhere to park rules will result in the cancellation, suspension or revocation of park privileges and the Monthly Membership. In such case, your Monthly Membership subscription will be terminated or suspended immediately without refund.

UPGRADES

A Member wishing to upgrade their Monthly Membership must choose a Monthly Membership of equal or greater value than the original park membership, and the difference in prices shall be due on the day of the upgrade. Each Member wishing to upgrade his/her ticket to a Monthly Membership must be present at the time of the upgrade transaction and request the upgrade on the same day of purchase. Only full price tickets may not be upgraded to a Monthly Membership. Downgrades are not allowed.

ADDRESS CHANGE

Please report a change in your address in writing immediately to the Park.

PRIVACY

The Park’s privacy policy, which describes the Park’s information gathering and privacy practices, applies to the Monthly Membership Agreement and is incorporated in the Monthly Membership rules by this reference. By enrolling in the Monthly Membership, you agree to the terms of the Park’s privacy policy and the use of your personal information as set forth therein.

GENERAL

The Park reserves the right in its sole discretion to modify or update the Monthly Membership rules and/or change, alter, or discontinue the Monthly Membership (including its structure), the lists of participating parks, or any reward or special status programs at any time without any liability or notice to Members beyond updating these Monthly Membership rules. The result of such modification, update, change, alteration or discontinuation may include the decrease in redemption value or cancellation of credit not yet redeemed. All questions or disputes regarding an individual’s Monthly Membership eligibility, or a Member’s compliance with the Monthly Membership rules will be resolved by the Park in its sole discretion. Any Monthly Membership awarded to an individual, as well as any prize or gift provided to a Member, may be taxable, depending on the value of the item and the applicable federal, state, and local tax laws. Members and recipients of any price or gift are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations. By signing the Monthly Membership you agree to release the Park, its parent(s), affiliates, divisions, related companies, third-party prize/reward providers and suppliers, and agents, and its and their respective officers, directors, owners, and employees, (each a “Releasee”) from any and all losses, harm, damages, cost, or expense, including without limitation property damages, personal injury, and/or death, arising from or connected to the Monthly Membership, including, without limitation, (i) the collection, redemption, revocation, or deletion of credits, (ii) the issuance of reward vouchers and use of the Monthly Membership, (iii) the suspension, termination, or modification of your Monthly Membership or account, (iv) entering the Park and/or use of the Park and its attractions, and (v) the suspension, modification, or termination of the Monthly Membership or any reward or special status programs therein. The Monthly Membership and its prizes, merchandise, sweepstakes and sweepstakes entries, products or services provided through the Monthly Membership are provided and must be accepted on an “as is” and “as available” basis without warranties of any kind. The Park, and its partners or administrators, and each of the foregoing’s respective agents or representatives make no representations or warranties, express or implied, and disclaim any and all liability as to the condition, quality, merchantability, or fitness for a particular purpose of products and/or services provided by or through the Monthly Membership including, without limitation, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement, title, or quiet enjoyment. Under no circumstances shall any of the Releasees be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the Monthly Membership or Members’ participation therein, including, without limitation, any Monthly Membership program prizes, merchandise, or services made available as part of the Monthly Membership. In any event, any liability of the Park arising in connection with the provision of Monthly Membership program or prizes will be limited to the approximate retail value of the applicable reward or prize. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or other legal theory, even if the Releasee has been advised of the possibility of such damages. In the event some jurisdictions do not allow the exclusion or limitation of certain damages, Releasees’ liability in such jurisdictions shall be limited to the extent permitted by law. By participating in the Monthly Membership, you waive any and all rights to bring any claim or action related to your participation in the Monthly Membership in any forum beyond one year after the first occurrence of the act, event, condition, or omission upon which the claim or action is based. You agree to defend, indemnify, and hold harmless the Releasees’ from all liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of the Monthly Membership or the Park’s rules. Furthermore, you agree to reimburse the Park for any Monthly Membership program or prizes that were fraudulently obtained by you. The Monthly Membership rules are governed by the laws of the state of Delaware without regard to the conflicts of laws rules of any jurisdiction. Any dispute, claim or cause of action arising out of or concerning the interpretation or effect of the Member rules and/or your participation in the Monthly Membership except where prohibited, shall be resolved individually, without resort to any form of class action. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. If any provision of the Monthly Membership rules is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render the Monthly Membership rules unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. Any waiver by the Park of a breach of any provision of the Monthly Membership rules shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach of any other provision of the Monthly Membership rules. Failure by the Park to insist upon strict adherence to any provision of the Monthly Membership rules on one or more occasions shall not be considered a waiver or deprive the Park of the right to insist upon strict adherence to that provision or any other provision of the Monthly Membership rules.  

 

 

 

DEFY Privacy Policy

Effective Date: January 1, 2021

This Privacy Policy describes how DEFY (“we”, “us” or “our”) collects, uses and discloses information about you when you access or use our website or mobile application, or when you visit us at one of our DEFY-branded parks (collectively, the “Services”). This Privacy Policy also describes the rights and choices you have with respect to your personal information.    

INFORMATION WE COLLECT

Depending on how you interact with us, we may collect the following categories of personal information about you:

  • Direct identifiers, such as your name, postal address, phone number, online identifier, Internet Protocol address, device IDs, email address, and chosen password;
  • Your transaction information, such as your payment information, billing and shipping address, the products and services purchased, and your purchase and consuming history;
  • Your internet activity information, such as browsing history, search history, and information regarding your interaction with our websites and advertisements;
  • Your geolocation information, which may be derived from GPS or Bluetooth technologies;
  • Video and audio information, such as through our security cameras and CCTV systems; and

  Other information you may provide that we combine with your personal information, such as your birthdate and information about your friends and family. We collect your personal information through our direct interactions with you, through the use of cookies and automated technologies on our Services, and through any security systems (such as closed circuit televisions) we have installed in our park. We may also collect personal information about you from third parties, such as if you interact with us using social media platforms or if your friends or family purchase passes on your behalf.    

HOW WE USE YOUR PERSONAL INFORMATION

We use your information, including your personal information, for the following purposes:

  • To create and manage your DEFY account;
  • To operate and provide our Services;
  • To complete your transactions, process your waivers, and fulfill other requests;
  • To send you important administrative announcements about DEFY, your account, your transactions, and any updates to our Privacy Policy or other terms that apply to you;
  • To share with you information that we think you may be interested in, such as promotions, savings, and other marketing communications;
  • To enter you into sweepstakes, contests and promotions or contact you regarding surveys; and
  • To support our own internal business purposes, such as for data analysis, audits, security and fraud monitoring and prevention, developing new products and services, and improving your experience at our parks and on our website and mobile application.

 

HOW WE SHARE YOUR INFORMATION

We may share information about you, including your personal information, with third parties in certain circumstances, including:

  • With affiliated businesses, such as other parks or companies within the CircusTrix Holdings, LLC family and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership to help maintain and improve our Services and other offerings.
  • With business partners and other third parties, such as promotional partners with whom we partner to offer contests or other joint-promotional activities.
  • With the general public, if you choose to participate in our publicly available blogs, online forums, and testimonials. When you participate in one of our blogs or online forums, or submit a testimonial to us, the information you include in your content (including your personal information) may be available generally to the public. If you choose to share your activity information while enjoying our parks, your information may be shared on our leaderboards.
  • With service providers, who may have access to or need to process your personal information in order to provide us with services. These services may include, among other things, to help us fulfill your requests, to create or maintain our databases, to research and analyze the people who request products, services, or information from us, to prepare and distribute communications, to respond to inquiries, to deliver advertising-related services such as reporting attribution, analytics and market research, or to process payments.
  • When we believe we should, or need to, share your personal information with law enforcement. For example, we may provide information to law enforcement agencies if we believe that you have violated our policies, or the release of your information may protect the rights, property, or safety of us, of DEFY or its affiliates, or another person.
  • When we believe we should, or need to, share your personal information pursuant to a legal process. This may include sharing your information with government entities, or third parties in response to subpoenas, court orders, or other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.
  • If we, or any portion of our business or assets, is acquired, we may share your personal information with the acquiring company. We may also share your personal information with a third party in the context of a merger, reorganization, divestiture, restructuring, reorganization, dissolution, bankruptcy or other business or corporate transaction.

We also may share your personal information with third parties as disclosed to you at the time we collect your personal information or pursuant to your consent.    

COOKIES AND OTHER DATA COLLECTION TECHNOLOGIES 

A “cookie” is a small text file that a website stores on an internet browser to remember and obtain information about the website user. We use cookies to enable and enhance your experience on our website, gather analytics information that helps us improve the website, and to target you with advertisements based on your behavior and perceived interests. We also use cookies to identify the different devices you use to access our Services, which allows us get a complete view of your interactions with our Services. In particular, the Services may use Google Analytics to help collect and analyze certain information for the purposes discussed above. You may review Google Analytics’ security and privacy principles by clicking here and opt out of the use of cookies in web browsers by Google Analytics by clicking here. To learn more about cookies, you can visit www.allaboutcookies.org. We also use web beacons in certain emails we send to you. Web beacons help us know whether you respond to or interact with our emails, which lets us evaluate the effectiveness of our emails. You can control how cookies and other data collection technologies impact your experience on our website and app by:

  • Configuring your browser to reject all cookies or notify you when a cookie is placed on your browser. Each browser is different, so check the “help” menu of your browser to learn how to change your cookie preferences
  • Disabling web beacons by turning of the HTML display of the email message
  • Opting out of targeted advertisements by visiting aboutads.info/choices. If you opt out of targeted advertisements, you may still see advertisements, but they will not be tailored to you.

Some web browsers and devices permit you to broadcast a preference that you do not want to be “tracked” online. At this time, we do not modify your experience based upon your browser’s “do not track” signal. This means that we may track your activity across the websites you visit before and after you visit our website.    

YOUR RIGHTS AND CHOICES

You have the following rights and choices related to our use of your personal information:

  • We rely on you to ensure that the personal information we maintain about you is accurate. If you believe we have incorrect information about you, please contact [email protected] to request that we correct your personal information.
  • You may opt out of our marketing emails by clicking the “unsubscribe” link in any marketing email you receive from us. Please note that it you unsubscribe from marketing emails, you may still receive non-marketing communications from us via email, such as those about your account or ongoing business relations.
  • You may opt out of receiving text messages by texting the word “STOP” in reply to one of our text messages, or by following other unsubscribe instructions provided in the text message. We may send you one additional confirmatory message to let you know that we have received your request.
  • If you use our mobile application, you may opt out of receiving push notifications by changing the preferences or settings of your device or the mobile application.
  • You may prevent us from tracking your mobile device’s geolocation by turning off the location services on your device or modifying your location tracking preferences in your device.

 

YOUR CALIFORNIA PRIVACY RIGHTS

Residents of California should be aware that California law affords them certain rights regarding their personal information. In addition to the rights and choices included above, if you are a California resident, you have the following additional privacy rights with respect to the personal information we collect about you:

    • You may request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including the categories of personal information we collected about you, the sources of that personal information, the categories of third parties with whom we shared or sold your personal information, and our business or commercial purposes for collecting, sharing or selling your personal information. You may make this request for information no more than twice in a 12-month period. This Privacy Policy generally describes how we might have collected, used, disclosed, and sold your personal information in the last 12 months.
    • You may request a copy of the specific personal information collected about your during the 12 months before your request. You may make this request for a copy of your personal information no more than twice in a 12-month period.
    • You have the right to request that we delete your personal information that we collected from you and retained, subject to certain exceptions.
    • We do not sell your personal information for money, but we and our business partners use tracking technologies to help us to understand our customers and visitors to the Services, to enhance your online experience, and customize our offerings in ways that may be deemed a “sale” of personal information under the California Consumer Privacy Act (CCPA). This includes working with third parties such as ad networks that collect personal information via tracking technologies to serve personalized advertisements on and off our Services, provide us with data collection, reporting, ad response measurement. To the extent we or our partners use such technologies on the Services, we offer an opt-out as discussed below.
    • We do not knowingly sell or otherwise disclose the personal information of minors under the age of 16.
    • You have a right to request that we do not sell your personal information to third parties.

If you wish to exercise any of these rights, you may visit our online form at https://defy.com/ccpa-dsar, call us toll free at 888-491-5001 or email us at [email protected]. Please note that your request is in relation to your California Privacy Rights. If you wish to opt out of targeted advertisements that may be considered a “sale” under the CCPA, you can visit www.aboutads.info/choices. If you are a consumer under the CCPA and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf [email protected] along with a statement signed by you certifying that the agent is authorized to act on your behalf. In order to verify the request and your identity, we may ask you to verify your identity. We will not subject you to discriminatory treatment as a result of your choice to exercise your privacy rights.    

Shine the Light

California law also permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by contacting us at [email protected].    

HOW WE SECURE YOUR PERSONAL INFORMATION

We take reasonable steps to keep your information safe; however, no internet or email transmission can be guaranteed to be secure. We encourage you to take reasonable precautions to safeguard your personal information by, for example, maintaining the confidentiality of your account log-in credentials.    

CHILDREN’S PRIVACY 

You must be at least 13 years old to use the website and mobile app. If you are a parent and believe we may have inadvertently collected personal information from your child through the website or mobile app, please notify us immediately by sending an email to [email protected] and include “Children’s Privacy” in the subject line.   Additionally, if you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have publicly posted to our Services.  If you would like to request removal of content or information, please contact us at [email protected].  Please note that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the Services

 

 

NOTE TO INTERNATIONAL USERS

We are committed to complying with this Privacy Policy and the data protection laws that apply to our collection and use of your Personal Information. We are located in the United States, where the laws may be different and, in some cases, less protective than the laws of other countries. By providing us with your Personal Information and using our website and mobile application, you acknowledge that your Personal Information will be transferred to and processed in the United States.    

THIRD PARTY WEBSITES

We may display hyperlinks that, when clicked, take you to a third-party website that we do not own or control. We are not responsible for how third parties collect, use, and share your personal information. We encourage you to review the privacy policies of third parties before providing them with your personal information.      

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify or change this Privacy Policy at any time by posting the revised Privacy Policy on our website. We will take reasonable efforts to notify you in advance, such as by email, through notice on our website, or at our park, if we make any material changes to the way we collect, use, and share your personal information.    

CONTACT US

You may contact us with questions or concerns at:
DEFY
86 N. University Avenue
Suite 350
Provo, UT 84062
888-491-5001
[email protected]