Terms and Conditions

BY ACCESSING OR USING THE COMPANY'S WEBSITE OR ANY OF THE SERVICES, OR BY MAKING ANY PURCHASE, BOOKING, OR OTHER TRANSACTION WITH THE COMPANY, ONLINE OR IN PERSON, GUEST AGREES TO THESE TERMS. IF GUEST DOES NOT AGREE, GUEST SHALL NOT USE THE SERVICES.

Article 1. General Terms

1.1 Definitions. As used in these Terms: (a) "Company" means Kumo's Wanderland; (b) "Venue" means each facility operated by the Company; (c) "Services" means, collectively, each Venue, the Company's website, self-service kiosks, registers, guest accounts, party pages, and all admission, food and beverage, party, membership, gift card, rewards, and other products and services offered by the Company from time to time; (d) "Guest" means each person who uses the Services; (e) "Guest Account" means a Kumo passport account or a party page; and (f) "Guest Agreement" means the Kumo Guest Agreement.

1.2 Notice and Acceptance. The Company shall display a link to these Terms as fine print adjacent to the payment or booking button of each online transaction, on its kiosk payment screens, and on its receipts, and shall post them at each Venue. No checkbox or signature is required. Each use of the Services after these Terms are made available constitutes acceptance of them.

1.3 Relationship to the Guest Agreement. Each person who enters the play areas of a Venue shall sign the Guest Agreement before entry. These Terms are incorporated into the Guest Agreement. If these Terms conflict with a signed Guest Agreement, the Guest Agreement shall control.

1.4 Eligibility. Guest shall be at least eighteen (18) years of age to make a purchase, book a party, or hold a Guest Account. A Guest who purchases or books for any other person represents and warrants that Guest has full authority to bind that person to these Terms.

1.5 Guest Accounts.

(a) A Kumo passport is accessed by a sign-in code sent to Guest's email address. Each code is valid for ten (10) minutes, and a signed-in session may remain active on a device for up to one hundred eighty (180) days.

(b) A party page is accessed by the booking reference and the last name on the booking.

(c) Guest shall keep all sign-in codes, links, and booking references confidential and shall be responsible for all activity under Guest's Guest Account until Guest notifies the Company in writing of any unauthorized use.

(d) The Company identifies a Guest's household by the telephone number and email address provided. Guest shall keep that information current and accurate.

(e) A member may view a membership, replace its card on file, and cancel it through the Kumo passport, as provided in Section 15(d) of the Guest Agreement.

1.6 Prices, Taxes, and Payment.

(a) Prices are those displayed at the time of purchase and are subject to change at any time before payment. Applicable sales tax shall be added.

(b) Card payments are processed by Stripe, Inc. The Company does not store full card numbers. Guest represents and warrants that Guest is authorized to use each payment method Guest provides.

(c) A payment link issued by the Company shall expire twenty-three (23) hours after it is sent.

(d) If any payment is reversed, disputed, or charged back after Guest has received the related Services, Guest shall remain liable for the full amount, and the Company may, in its sole discretion, suspend Guest's Guest Account, membership, and bookings until the amount is paid.

(e) ALL OFFERINGS, PRICES, PACKAGES, PROMOTIONS, DISCOUNTS, REWARDS, BENEFITS, AND PROGRAMS ARE SUBJECT TO CHANGE, SUSPENSION, OR DISCONTINUATION AT ANY TIME WITHOUT NOTICE, IN THE COMPANY'S SOLE DISCRETION. Any amount, rate, or example stated in these Terms or the Guest Agreement describes the offering at the time it is stated and does not obligate the Company to continue it. A change does not affect a purchase already completed or a booking already confirmed, and the price of an existing membership changes only as provided in Section 15(b) of the Guest Agreement.

1.7 Conduct; Refusal and Removal. The Company has the right, but not the obligation, to refuse entry to any person, end any visit, or cancel any booking, in its sole discretion, if the Company determines that the conduct of any person, including, but not limited to, a parent's repeated failure to supervise after a reminder, endangers or disrupts guests, staff, or a Venue. Notwithstanding the foregoing, the Company may remove any person without prior warning in the event of a serious and immediate safety concern. Removal under this Section 1.7 shall not entitle any person to a refund, credit, or other remedy.

1.8 Intellectual Property. The Company's names, logos, characters (including, but not limited to, Kumo and the star), artwork, photographs, and text are owned by the Company or its licensors. Guest shall not copy, reproduce, distribute, modify, or otherwise use them for any commercial purpose without the Company's prior written consent. Guest shall not misuse, interfere with, or attempt to gain unauthorized access to the Services or any related system or data.

1.9 Guest Materials. Guest represents and warrants that Guest has all rights necessary to submit any photograph, image, message, or other material through the Services ("Guest Materials"). Guest grants the Company a non-exclusive, royalty-free license to use, copy, and modify Guest Materials solely to plan and deliver the Services ordered by Guest. The Company shall not use Guest Materials in marketing without Guest's separate written consent.

1.10 Communications. The Company shall send transactional emails relating to Guest's bookings, purchases, and Guest Account. Marketing email is governed by Section 12 of the Guest Agreement.

1.11 Disclaimer. THE SERVICES, INCLUDING THE WEBSITE, KIOSKS, AND GUEST ACCOUNTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. The Company may modify, suspend, or discontinue any feature of the Services at any time.

1.12 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, THE COMPANY AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES. FOR ANY CLAIM NOT GOVERNED BY A SIGNED GUEST AGREEMENT, THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT GUEST PAID THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. Nothing in these Terms limits any liability that cannot be limited under applicable law, and nothing in these Terms modifies or replaces any signed Guest Agreement.

1.13 Indemnification. Guest shall indemnify, defend, and hold harmless the Company and its owners, members, managers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses, including, but not limited to, reasonable attorney's fees, arising out of or relating to (a) Guest's breach of these Terms, (b) Guest's misuse of the Services, or (c) any Guest Materials.

1.14 Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, AND NOT BY A TRIAL IN COURT, ON THE TERMS OF SECTION 20(b) OF THE GUEST AGREEMENT, WHICH ARE INCORPORATED HERE. GUEST AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY AND TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION. Any action to compel or enforce arbitration shall be brought in the state or federal courts located in Fort Bend County, Texas, and each party consents to the jurisdiction of those courts. Either party may bring a claim within its jurisdiction in a justice court of Fort Bend County, Texas. Guest shall give the Company written notice of any dispute and a reasonable opportunity to resolve it before filing suit.

1.15 Amendment. The Company may amend these Terms from time to time by posting the amended Terms with their effective date. Guest's continued use of the Services after that date constitutes acceptance of the amendment. No amendment shall apply to a booking confirmed before the amendment's effective date, except as required by law.

1.16 Miscellaneous. (a) If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect. (b) No failure or delay by the Company in exercising any right shall operate as a waiver of that right. (c) These Terms, together with the Guest Agreement, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior understandings. (d) All rights and remedies of the Company are cumulative and in addition to any other rights and remedies available at law or in equity.

1.17 Notices. Notices to the Company shall be sent to hello@kumoswanderland.com or to Kumo's Wanderland, 7930 W Grand Pkwy S #150, Richmond, Texas 77406. Telephone: 832-669-6551. Notices to Guest may be sent to the email address associated with Guest's Guest Account or booking.

Article 2. Privacy

2.1 Definitions. "Personal Information" means information that identifies, or is reasonably capable of being associated with, a particular individual or household. This Article describes how the Company collects, uses, discloses, and retains Personal Information in connection with the Services.

2.2 Personal Information Collected. The Company collects the following categories of Personal Information, including, but not limited to:

Contact information. Name, email address, telephone number, mailing address. Source: Guest Agreement, bookings, purchases, Guest Account sign-in.

Household information. Names and dates of birth of minors and other adults on a Guest Agreement. Source: Guest Agreement and check-in.

Signature records. Exact text signed, time of signing, drawn signature image, elections made. Source: Guest Agreement.

Transaction records. Check-ins, orders, party details, memberships, gift cards, rewards points, punch cards. Source: Kiosks, registers, website.

Payment information. Card brand, last four digits, and a Stripe reference for a card kept on file. Source: Stripe, Inc.; full card numbers are never received or stored by the Company.

Health and safety information. Allergies and dietary needs, safety notes recorded by staff. Source: Guest, party page, staff.

Discount status. Service Discount eligibility (military, including veterans and retirees; teacher; health care, including EMTs; or public safety, including law enforcement and fire). Source: Guest, at the front desk.

Party materials. Messages, uploaded photographs and images, design approvals. Source: Party page.

Kiosk activity. Screens used and points of exit, without names. Source: Kiosks.

Technical information. Sign-in cookie, device and browser data in server logs. Source: Website and Guest Accounts.

Video. Security camera recordings within a Venue. Source: Cameras.

2.3 Use of Personal Information. The Company uses Personal Information solely for the following purposes, and for purposes reasonably related to them: (a) providing admission, parties, memberships, food and beverage, gift cards, rewards, and discounts; (b) processing payments, refunds, and receipts; (c) maintaining Guest Agreements and identifying the persons they cover; (d) protecting the health and safety of guests and staff, including, but not limited to, communicating allergy information to kitchen and party staff; (e) responding to inquiries; (f) detecting and preventing fraud and enforcing these Terms; (g) sending marketing email in accordance with the guest's election under Section 12 of the Guest Agreement; and (h) improving the Services using aggregated or de-identified information.

2.4 Telephone Number as Identifier. The Company associates a Guest's visits, memberships, gift cards, and rewards with the Guest's telephone number and email address so that any system of the Company may locate the Guest's household. A gift card purchased for another person belongs to the person whose telephone number is associated with it.

2.5 Disclosure. The Company does not sell or rent Personal Information and does not use advertising trackers. The Company may disclose Personal Information only (a) among the entities within the Company, each of which shall use it in accordance with this Article; (b) to service providers acting on the Company's behalf, limited to what each requires, including, but not limited to, Stripe, Inc. (payments and cards on file), Resend (email delivery), Amazon Web Services (hosting), and Homebase (staff scheduling, staff information only); (c) to professional advisors and insurers, and to governmental authorities where required by law or where the Company determines disclosure is necessary to protect the safety, rights, or property of any person; and (d) to a successor in connection with a merger, sale, financing, or reorganization of all or part of the Company, subject to this Article.

2.6 Cookies. The Company's website uses only cookies necessary for its operation, including, but not limited to, the `cue_passport` cookie, which maintains a Guest Account session for up to one hundred eighty (180) days. The Company does not use advertising or cross-site tracking cookies.

2.7 Children. The Company collects the names and dates of birth of minors only from a parent or legal guardian through the Guest Agreement, and does not knowingly collect Personal Information online directly from a child under thirteen (13) years of age. Upon written notice that such information was collected, the Company shall delete it.

2.8 Video Recording. Each Venue is monitored by security cameras. Recordings are used for safety and security and are retained for such period as the Company determines.

2.9 Security. The Company maintains reasonable administrative, technical, and physical safeguards, including, but not limited to, access controls, staff PINs, and encryption in transit. No method of transmission or storage is completely secure. In the event of a breach of security affecting a Guest's Personal Information, the Company shall provide notice as required by applicable law.

2.10 Guest Requests. A Guest may request access to, correction of, or deletion of the Guest's Personal Information by written request to hello@kumoswanderland.com. The Company shall verify the requester's identity and respond within forty-five (45) days. Notwithstanding the foregoing, the Company may retain any record it is required or permitted to retain under applicable law or reasonably needs for its business, including, but not limited to, signed Guest Agreements and tax records. A Guest may opt out of marketing email at any time and may request removal of a card kept on file.

2.11 Amendment of this Article. The Company shall notify Guests by email of any amendment to this Article that materially changes the use of Personal Information previously collected.

Article 3. Gift Cards

GIFT CARDS DO NOT EXPIRE AND ARE NOT SUBJECT TO ANY FEE. This Article governs each stored-value card issued by the Company (each, a "Gift Card").

3.1 Purchase. (a) Gift Cards are issued in the amounts then offered, which may differ by sales channel. (b) No sales tax is charged on the purchase of a Gift Card; sales tax applies to purchases made with a Gift Card. (c) A purchaser who buys a Gift Card for another person shall provide that person's telephone number, and the Company shall deliver the Gift Card to that person by email when an email address is provided.

3.2 Ownership. A Gift Card is owned by the person whose telephone number is associated with it (the "Holder"). A Gift Card purchased for another person is owned by that person and not by the purchaser.

3.3 Redemption. (a) A Gift Card may be redeemed for admission, food and beverage, parties, memberships, retail items, and any other Services, other than the purchase of another Gift Card. (b) The Holder may redeem a Gift Card by presenting the card number or the Gift Card email at the front desk or cafe, or by entering the card number at checkout. (c) At a self-service kiosk, a Gift Card shall be applied only after the last digits of the card number are entered. (d) A Gift Card may be applied to all or part of an order, and any remaining amount shall be paid by another method.

3.4 No Expiration; No Fees. A Gift Card shall not expire, and the Company shall not charge any fee in connection with a Gift Card, including, but not limited to, any dormancy, inactivity, or service fee.

3.5 No Cash Value. A Gift Card shall not be redeemed for cash, refunded, or exchanged for cash, except as required by applicable law.

3.6 Lost or Stolen Gift Cards. The Holder may locate a Gift Card through the associated telephone number. The Company shall not be liable for any value redeemed by any person using the card number before the Holder notifies the Company in writing that the Gift Card was lost or stolen.

3.7 Reassignment. The Company may, in its sole discretion and upon verification of the Holder, reassign a Gift Card to another person. Any reassignment requires the approval of the Company's owner.

3.8 Gift Cards Issued as Credit. This Article applies to each Gift Card issued in connection with a refund or the cancellation of a party.

3.9 Discounts and Rewards. The Service Discount does not apply to the purchase of a Gift Card. The purchase of a Gift Card does not earn Kumo Rewards points; purchases paid with a Gift Card earn points as provided in Section 13 of the Guest Agreement.

3.10 Fraud. The Company may refuse to honor, freeze, or cancel any Gift Card that the Company determines was obtained through fraud or an unauthorized payment, and reserves all rights and remedies with respect thereto.

Article 4. Refunds and Cancellations

EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE OR THE GUEST AGREEMENT, ALL SALES ARE FINAL.

4.1 Rules by Purchase.

Day passes and admission. Non-refundable. If illness or emergency prevents a visit, a written request received at least twenty-four (24) hours before the visit may be rescheduled, subject to availability. Same-day cancellations and failures to appear are not eligible.

Cafe food and beverages. An incorrect or unsatisfactory item reported at the time of service shall be remade or refunded, at the Company's election.

Retail items and grip socks. Retail sales are final. Unused and unworn items may be exchanged.

Parties. Governed by Section 16 of the Guest Agreement. The Deposit is non-refundable.

Full-venue bookouts. Paid in full at booking and non-refundable, as provided in Section 16(k) of the Guest Agreement.

Memberships. No refund or credit for any portion of a paid billing period, as provided in Section 15 of the Guest Agreement.

Gift Cards. Non-refundable and not redeemable for cash, except as required by applicable law.

Special events and camps. Non-refundable. A ticket may be transferred to another guest with the Company's prior approval.

4.2 Closure. If the Company closes a Venue unexpectedly because of weather, maintenance, emergency, or any other cause, the Company shall contact affected guests and, at the Company's election, reschedule the affected visit or party or refund the amount paid for it.

4.3 Removal. No refund or credit shall be issued to any person removed under Section 1.7 or Article 5.

4.4 Method of Refund. (a) A card payment shall be refunded to the original card and generally appears within five (5) to ten (10) business days. (b) A cash payment shall be refunded in cash or by Gift Card, at the Company's election. (c) The Company may, in its sole discretion, issue a Gift Card in lieu of a refund to the original payment method. (d) Each refund requires the approval of a Company manager, and the Company shall send a refund confirmation by email when an email address is on file.

4.5 Reservation of Rights. Any refund, credit, or accommodation granted outside this Article is made in the Company's sole discretion, shall not constitute a waiver of this Article, and shall not create any obligation to grant a similar refund, credit, or accommodation in the future.

Article 5. Admission and House Rules

This Article shall be posted at each Venue entrance and applies to every person who enters a Venue.

5.1 Admission and Pricing. Admission tickets, prices, adult allowances, infant pricing, and grip sock prices are those posted at the Venue and on the Company's website at the time of purchase, exclusive of sales tax; the price displayed at checkout shall control. Each admission is valid for a single visit on a single venue day. An online day pass is valid only for its stated date and the guests named in the booking.

5.2 Conditions of Entry. (a) Each person entering the play areas, including adults, shall be covered by a current signed Guest Agreement, which is valid for three hundred sixty-five (365) days. (b) Each person, including adults, shall wear grip socks in the play areas. (c) Each guest shall check in at a lobby kiosk or the front desk using the email address or telephone number used to book or sign.

5.3 Supervision. Each child shall be actively supervised at all times by the child's parent, guardian, or accompanying adult. The Company's staff support safe play but do not assume supervision of any child. No adult shall be admitted to the play areas without a child in the adult's care.

5.4 Safety Rules. Each guest shall: (a) comply with all posted age, height, and equipment rules and all staff directions, including the age and height limits posted at each play zone; (b) refrain from rough play, climbing on the exterior of structures, and descending slides head first unless posted; (c) remove sharp, hard, or loose objects from pockets before playing; (d) keep food and beverages in the cafe and party rooms; and (e) refrain from visiting if the guest has been ill, or has had a fever, vomiting, or diarrhea, within the preceding twenty-four (24) hours.

5.5 Outside Food. Outside food and beverages are not permitted, except baby food and infant formula, or as a Company manager may permit in the manager's sole discretion. The outside food rules for parties are set forth in Section 16(g) of the Guest Agreement.

5.6 Conduct. Guests shall treat other guests and staff with courtesy. Harassment, aggressive conduct, smoking, vaping, alcohol, and weapons are prohibited.

5.7 Removal. The Company may, in its sole discretion, require any person to leave a Venue upon a parent's repeated failure to supervise or a child's repeated violation of safety rules after a reminder. Notwithstanding the foregoing, the Company may remove any person without prior warning in the event of a serious and immediate safety concern. Removal under this Section 5.7 shall not entitle any person to a refund, credit, or other remedy.

5.8 Personal Property. The Company shall not be responsible for any lost, stolen, or damaged personal property. Lost items shall be held for fourteen (14) days and may thereafter be donated or discarded.

5.9 Video Monitoring. Each Venue is monitored by security cameras, as described in Section 2.8.

Article 6. Service Discount

6.1 Eligibility. An adult who serves or has served in the United States military, including a veteran or military retiree; who is employed or retired as a teacher; who is employed or retired as a health care professional, including an emergency medical technician or paramedic; or who is employed or retired as a public safety officer, including, but not limited to, a law enforcement officer, firefighter, corrections officer, or public safety dispatcher (an "Eligible Guest") may receive the discount then offered to such guests (the "Service Discount").

6.2 Verification. An Eligible Guest shall show staff an identification card evidencing eligibility upon first use. Upon verification, the Company shall record the Eligible Guest's category on the Eligible Guest's profile, and the Service Discount shall thereafter apply automatically at check-in using the Eligible Guest's telephone number.

6.3 Scope. (a) The Service Discount applies to admission, cafe, retail, and party purchases made by the Eligible Guest's household during the visit. (b) It does not apply to the purchase of Gift Cards. (c) It may be combined with Kumo Rewards points and free visits but shall not be combined with any other discount or promotion.

6.4 Amendment; Misuse. The Company may amend or discontinue the Service Discount at any time. If the Company determines, in its sole discretion, that the Service Discount has been obtained or used improperly, the Company may remove the eligibility designation and recover the amount of any discount improperly received.

Article 7. Promotions and Offers

This Article governs every deal, discount code, kiosk saving, and passport offer (each, an "Offer") made by the Company, except to the extent an Offer expressly states otherwise.

7.1 Offers. Each Offer is valid only as described when it is posted, displayed at a kiosk, or issued to a Guest Account, including its benefit, dates, times, and conditions.

7.2 General Conditions. (a) Only one (1) discount or Offer may be applied to an order unless the Offer expressly permits combination; cafe kiosk savings apply as displayed on the kiosk; and Kumo Rewards points and free visits may be applied together with any Offer. (b) Each Offer is valid only during its posted dates, days, and times, and only while supplies or capacity last. (c) Offers have no cash value, shall not be exchanged for cash or credit, and do not apply to the purchase of Gift Cards. (d) A passport Offer is personal to the Guest Account to which it is issued, may carry an expiration date displayed in the passport, and is void if copied, sold, or transferred. (e) The refund of any order to which an Offer was applied shall be limited to the amount actually paid.

7.3 Reservation of Rights. The Company may modify, suspend, or terminate any Offer at any time without notice, and may refuse to honor any Offer that the Company determines, in its sole discretion, was obtained through fraud, error, or misuse.