EZ PAY TERMS AND CONDITIONS
By accepting these terms and conditions, I agree to pay the down payment (including any applicable taxes and fees), and thereafter to pay the remaining number of payments, which will be billed monthly to my credit or debit card. I may prepay my outstanding balance for the Initial Term (as defined above) at any time, but prepayment will not automatically terminate this contract unless I notify SEA of my desire to cancel my EZ Pay membership. I UNDERSTAND THAT I AM NOT PERMITTED TO CANCEL MY EZ PAY PLAN UNTIL ALL MONTHLY PAYMENTS FOR THE INITIAL TERM HAVE BEEN MADE. IF I FAIL TO PAY ANY MONTHLY PAYMENT, THE ENTIRE REMAINING BALANCE WILL BE DUE AND PAYABLE IMMEDIATELY (acceleration not applicable to Virginia residents) AND MY MEMBERSHIP MAY BE CANCELLED. If I fail to make payments for a period of 10 days or more, at the sole discretion of SeaWorld Parks & Entertainment, Inc. or its applicable subsidiary (“SEA”), I will be charged the costs of collecting my outstanding debt, including reasonable attorneys’ fees and court costs. If I fail to make payments for a period of 10 days or more, at the sole discretion of SEA, I may be assessed a late fee of up to 5% of each late installment (California residents: 5% late fee is not applicable. California residents may be assessed a late fee of up to $10 if they are at least 10 days late or up to $15 if they are at least 15 days late and may also be subject to the actual and reasonable costs of collection if they fail to notify SEA of any change of address or to communicate with SEA 45 days after failure to make a payment). EXCEPT FOR PASSES FOR SESAME PLACE ONLY WHICH WILL NOT AUTOMATICALLY RENEW, THIS CONTRACT WILL RENEW AUTOMATICALLY ON A MONTH-TO-MONTH BASIS FOLLOWING THE INITIAL TERM UNTIL I TERMINATE IT. TO TERMINATE THIS CONTRACT EFFECTIVE AFTER THE INITIAL TERM AND PREVENT AUTOMATIC MONTH-TO-MONTH RENEWAL OF THIS CONTRACT, PLEASE CONTACT SEA C/O SEA WORLD CONTACT CENTER, 8403 SOUTH PARK CIRCLE, ORLANDO, FL 32819 TEL: 407-545-5550. I hereby authorize SEA to charge my credit card (or any other credit card which I supply SEA) for future payments. I may cancel my automatically renewed membership(s) at any time after the Initial Term has expired (automatic renewal not applicable to passes for Sesame Place usage only). If I permit this contract to renew automatically on a month-to-month basis and continue to pay my monthly payments on time, SEA will not increase my monthly payments prior to the fifth (5th) anniversary of the date that I accept the terms of this contract and purchase an EZ Pay membership, but SEA reserves the right to do so in its sole discretion after such five (5) year period, in which case SEA will advise me of any rate changes (automatic renewal and 5-year price lock guarantee not applicable to passes for Sesame Place usage only), CHANGES IN BENEFITS OR TERMS, OR DISCONTINUATION OF THE EZ PAY PLAN. I UNDERSTAND THAT IF I DO NOT TERMINATE THIS CONTRACT THAT MY CREDIT OR DEBIT CARD WILL CONTINUE TO BE CHARGED EACH MONTH AFTER THE INITIAL TERM HAS EXPIRED, EXCEPT FOR PASSES FOR SESAME PLACE USAGE ONLY WHICH WILL NOT AUTOMATICALLY RENEW. Payments will be made in accordance with my Credit Card Issuer Agreement. I understand that I am not permitted to contract for additional EZ Pay plans if any balance under this contract is past due, and that any payments made by me to SEA may be used by SEA as a set-off to settle past due balances under this contract before applying the payments to other sales transactions. In addition, regardless of the number of times a membership is used, there are no refunds of amounts paid on my EZ Pay plan. I am at least 18 years of age, and I consent to the use of my personal identification information for my EZ Pay plan. Any and all disputes, claims, and causes of action arising out of or connected with this contract or the use of any park or membership SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, and solely and exclusively in a federal or state court located in the state in which the park is located and you hereby submit to the sole and exclusive personal jurisdiction of said courts and irrevocably waive any and all rights to object to such jurisdiction; provided, however, that for multi-state memberships, this contract is made in the state of Florida and shall be governed exclusively by the substantive laws of the state of Florida without giving effect to any conflict-of-laws rules requiring the application of the substantive law of any other jurisdiction. If any provision of this Agreement is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of this Agreement shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent. I understand and agree that any electronic signature shall have the same force and effect as a written signature. SEA’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE AMOUNTS PAID BY THE EZ PAY MEMBER AND THE PARTIES HEREBY WAIVE ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EZ PAY MEMBERSHIP IS NON-TRANSFERABLE, NON-REFUNDABLE, AND MAY BE REVOKED FOR MISUSE.
NOTICE TO BUYER -- DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
I ACCEPT THE TERMS OF THIS CONTRACT. I ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT.