Terms of Sale | Attraction in Sevierville TN

Updated as of May 1, 2024

These Terms of Sale (these “Terms”) apply to the purchase and sale of tickets, products and services (each, an “Item”) by you (or by another on your behalf from Xperia Group LLC (referred to herein as “Xperia”, “us”, “we”, or “our” as the context may require) whether the Item was purchased in person or through the telephone (an “On Site Purchase”), or through a website or a mobile application operated by Xperia (the “Online Service”). Purchases of Items from Xperia, whether an On-Site Purchase or a purchase using the Online Service are referred to herein as a “Purchase” or “Purchases”. These Terms are subject to change by Xperia without prior notice at any time, in our sole discretion.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE EXTENT PERMITTED BY LAW.

BY MAKING A PURCHASE OF AN ITEM FROM XPERIA (EACH, AN "ORDER"), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE.

Modification of these Terms of Sale.
We may revise these Terms from time to time, and you should review these Terms to which you are bound at the time of placement of an Order.
Acceptance and Cancellation.
You agree that your Order is an offer to buy, under these Terms, all Items listed in your Order. All Orders must be accepted by us or we will not be obligated to sell the Items to you. We may choose not to accept Orders at our sole discretion. For example, for Orders made using the Online Services, we may choose not to accept your Order even after we send you a written confirmation with your Order number and details of the Items you have Ordered, as your payment must be received by us before our acceptance of an Order.
Prices and Payment Terms.
Prices posted on the Online Service or at one location may be different from prices offered by us at other locations. All prices, discounts, and promotions posted are subject to change without notice. The price charged for a ticket will be the price in effect at the time the Order is placed and will be set out in your written Order confirmation for Orders made using the Online Services. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if applicable. All such taxes and charges will be added to your invoice, and will be itemized on your receipt or in your shopping cart and in your written Order confirmation for Orders made using the Online Services. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences.
We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from, or in addition to, these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion, and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order. We accept the payment methods displayed at the applicable location or on the Online Service at the time of placement of an Order. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase of the Items, (iii) charges incurred by you will be honored by your credit card company or any other third party required to effectuate payment, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the location or on the Online Service at the time of your Order.
Additional Terms and Conditions.
The following provisions apply to the Purchase of all Items at or related to the attractions owned or operated by Xperia (each, a “Attraction” and collectively, the “Attractions”) or during your participation in any activity led, organized, arranged, promoted, and/ or sponsored by Xperia, whether taking place on the Properties or elsewhere (collectively, “Xperia Activities”):
1. Ticketing Terms & Conditions:
  1. A ticket granting admission to Attraction or participation in a Xperia Activity (a “Ticket”) is a revocable license which may be revoked by Xperia and such Ticket may be revoked or confiscated by Xperia with no refund of any amount paid therefor. Upon such revocation or confiscation, the applicable Ticket holder present on any of the Attractions or participating in any Xperia Activities (each a “Guest”) and all members of their party shall have no right to remain in, on, or about the Attraction.
  2. Xperia reserves the right to deny admission, prevent entry, require an individual already admitted to leave, or ban individuals from the Attractions or from participation in Xperia Activities, without refund, liability or compensation, for failure to comply with any of these Terms, for unsafe, illegal or offensive behavior, to ensure safety, security or order, or if we consider that the circumstances otherwise so require, in our sole and absolute discretion.
  3. Tickets are non-refundable, non-transferable, and will not be exchanged. Xperia is not responsible for duplicated, damaged, lost, or stolen Tickets. A replacement fee may apply in the event Xperia determines, in its discretion, to replace any duplicated, damaged, lost, or stolen Tickets.
  4. Unauthorized sales or resales of Tickets is prohibited.
  5. Tickets are valid for the dates and timed entry shown on the Ticket only and are good for the attraction location specified on the ticket.
  6. Tickets will be confiscated if altered in any way.
  7. Tickets allow Ticket holders admission to Attractions only during operating hours of the applicable Attraction. Operating hours of Attractions are subject to change without notice and without liability to Xperia.
  8. Attractions, as applicable may be closed due to maintenance, special events, or weather without notice and without liability to Xperia.
  9. Special events may require a separate ticket.
  10. Each Guest grants Xperia the right to film, video, photograph, and take sound recordings of the Guest at Attraction or during participation in any Xperia Activity for any purpose without payment or consideration therefor.
  11. Xperia assumes no responsibility for accident or loss to any person in connection with the condition or use of a Attraction or their entrance into or departure from Attraction.
  12. All persons, bags, and belongings in, on, or about the Attraction are subject to security and safety searches, including physical screening and metal detection procedures. Any person refusing to comply with security and safety searches will be refused entry to the Attraction.
1. Conduct - Each Guest agrees that it shall comply with each of the following:
  1. Weapons of any type and all items listed in the section below titled “Prohibited Items” are prohibited at the Attraction or during participation in any Xperia Activity.
  2. The use of illegal drugs is prohibited at the Attraction and at all times during participation in any Xperia Activity.
  3. Excessive consumption of alcohol is prohibited at the Attraction and individuals showing signs of intoxication or any kind of substance impairment are prohibited at the Attractions, each to be determined at the sole discretion of Xperia.
  4. Guests at the Attractions or any Xperia Activity must comply with all posted signs and all instructions from Xperia personnel whether related to Attraction operations, rules, procedures, health and safety requirements, or otherwise.
  5. Guests shall not enter into any restricted areas designated employee areas.
  6. Guests must only use designated entrances and exits and only during operating hours of the Attraction.
  7. Guests must move about the Attraction in an orderly manner, remain attentive to their surroundings, and walk rather than run.
  8. Conduct that is threatening, disorderly, “horseplay”, unruly, disruptive, profane, graphic, obscene, or in poor taste is prohibited. Any form of harassment (including verbal harassment or abuse or threatening remarks or actions) whether directed at Guests, or personnel is prohibited.
  9. Proper attire is required at the Attraction at all times. Clothing or other articles with profane, graphic, or obscene words, phrases, or images are prohibited.
  10. Loitering, panhandling, shoplifting, fighting, vandalism, and line cutting are prohibited at the Attractions.
  11. Soliciting for commercial or charitable purposes or distributing advertisements, pamphlets, handbills, or flyers without the prior written consent of Xperia is prohibited.
  12. Commercial photography, videotaping, and recording of any kind is prohibited.
1. Prohibited Items - Each Guest agrees that it shall not bring any of the following prohibited items into any Attraction or to any Xperia Activities:
  1. Weapons of any type, including without limitation, firearms, ammunition, tasers, pepper spray, mace, and knives (with a blade longer than 3.5 inches), any item designed to be utilized as a weapon, and any item that appears to be either of the foregoing.
  2. Explosives of any kind, including fireworks and water grenades (whether metal or plastic).
  3. Personal or commercial drones (unless approved by Xperia in advance in writing) or other unmanned vehicles or equipment whether piloted on or off of the Attraction.
  4. Alcoholic beverages of any type unless such beverage was sold to the guest within the Attraction by a vendor designated and approved by Xperia.
  5. Illegal drugs of any kind (including prescription drugs not properly prescribed by a health professional).
  6. Glass containers (other than baby food containers).
  7. Recreational devices with wheels, such as skateboards, hover boards, balance boards, scooters, inline skates or shoes with built-in wheels.
  8. Wheeled mobility devices with less than 3 wheels; Segways; devices that cannot maintain stability and balance when stopped, unpowered, or unoccupied, without training wheels or similar modifications; devices powered by any means other than manually or electrically; devices that travel faster than walking pace; multi-rider devices or devices that exceed 36 inches in width or 52 inches in length.
  9. Costume masks. (except for special events as designated by the Attraction)
  10. Pets or animals of any kind other than approved service animals (e.g. dogs). Service animals must be under the control of the owner at all times and should remain on a leash or harness at all times while at the Attraction.
  11. Any other items that Attraction personnel determines, in its discretion, to be suspicious or potentially harmful, unsafe or disruptive.
1. Failure to Comply
  1. A Guest who (i) fails to abide by, or comply with, any of the above terms, conditions, or conduct requirements, (ii) brings any of the prohibited items listed above into Attraction or to any Xperia Activities, or (iii) violates any applicable laws may, at the discretion of Xperia, have their Ticket revoked or confiscated by Xperia with no refund of any amount paid therefor. Upon such revocation or confiscation, the applicable Guest and all members of their party shall have no right to remain in, on, or about the Attraction. Xperia reserves the right to ban individuals violating these Terms or applicable laws from future admission to all or any of the Attractions or from participation in any Xperia Activities.
Returns and Refunds.
Unless specifically designated as cancellable or refundable, we will not accept a cancellation of, or a refund for, any tickets once we accept your Order. Notwithstanding, exceptions may be made under limited circumstances in Xperia’s sole discretion.
Disclaimers of Warranties.
We do not provide any warranties with respect to the Purchase of Tickets. ALL TICKETS OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE TICKETS YOU HAVE ORDERED. The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
Privacy.
Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of tickets.
Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, or other public health emergencies, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Dispute Resolution and Binding Arbitration.
You agree and understand that this Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, satisfies the “writing” requirement of that act, applies to your purchase of an Item, and governs all claims, disputes, or controversies between you and Xperia and each and all of Xperia Group LLC, its subsidiaries, affiliates, providers, or its and their respective officers, directors, partners, shareholders, employees, contractors, agents, licensors, suppliers, service providers, advertisers, instructors, staff, successors or assigns, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and claims over the applicability of this arbitration provision (collectively “Claims”). This Section can only be changed or terminated upon mutual agreement.
You understand and agree that all Claims shall be resolved by final and binding arbitration using the American Arbitration Association's (“AAA”) Commercial Arbitration Rules (“AAA Rules”) in effect on the date of initiation of the arbitration, except as to those AAA Rules that conflict with or differ from these Terms, by one or more arbitrators appointed in accordance with said rules at a location within Sevierville, Tennessee. Any controversy concerning whether a dispute is arbitral shall be determined by the arbitrator(s) and not by the court. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and may award the prevailing party damages and other relief (including attorneys’ fees).
HOWEVER, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
Each party to the arbitration will have the right, at its own expense, to be represented by an attorney or other advocate of its own choosing. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but, if applicable arbitration rules or laws require Xperia to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Xperia will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator’s decision must consist of a written statement stating the disposition of each Claim of the dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
NO CLASS ACTION MATTERS. You agree that disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party, such as class action claims or private attorney general representative actions, with the exception of representative claims solely for injunctive relief brought under unfair competition law. If any provision of this arbitration provision is deemed unlawful, void or unenforceable, that provision shall be severable from the remainder of this paragraph, which shall remain fully enforceable. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM FOR ALLEGED DAMAGES ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
Governing Law and Jurisdiction.
All disputes arising out of or related to the Purchase and sale of Items and these Terms, as permitted following the mandatory arbitration described above, shall be brought in the state courts in Sevierville, Tennessee, or federal courts in the Eastern District of Tennessee, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms will be construed in accordance with the laws of the State of Tennessee without regard to its conflict of law principles.
Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Xperia.
No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices.
To You. Any notice from Xperia that is directed to you shall be delivered (i) by posting to the Online Service, (ii) by mail to the mailing address you provided us at the time of Ticket Purchase, or (iii) by email to the email address you provided us at the time of Ticket Purchase. Notice shall be deemed given immediately upon posting to the Online Services, (ii) twenty-four (24) hours after email is sent, unless we are notified that the email address is invalid or, (iii) in the case of notice sent via mail, three (3) business days after the date of mailing.
To Us. Any notices given pursuant to these Terms of Use that are directed to Xperia shall be given by personal delivery, overnight courier, or registered or certified mail to: Xperia Group LLC, Attn: Online Services Terms of Use, 1645 Parkway, Suite 780, Sevierville, Tennessee 37862. We may update the address for notices to us by posting a notice on the Online Service. Notices provided by personal delivery will be effective immediately, provided that written confirmation of receipt is obtained and kept by you. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement.
Our Order confirmation, these Terms, the license terms relating to any Item you Purchase, and our Privacy Policy will be deemed the final and integrated agreement between you and us with respect to the matters contained in these Terms.