Updated August 12, 2024
This is a legally binding contract. You must read it and sign at the bottom to continue.
This agreement between you and CEC Entertainment, LLC d/b/a Chuck E. Cheese (“Chuck E. Cheese”) sets out the terms of Monthly Membership to Chuck E. Cheese and sets forth on your emailed confirmation receipt (“Agreement”). As used in this Agreement, “you” means the person who signs this Agreement below, and “Member” or “Fun Pass Holder” means you and any named individuals on your account who you identified during the sign-up process to receive a Monthly Membership pass . The minimum term of Monthly Membership is 12 months (the “Minimum Term”). At the end of the Minimum Term, your Monthly Membership account (and each Member’s Monthly Membership assigned to your account) will be renewed monthly, as described in more detail below.
By purchasing a Fun Pass you are deemed to have accepted these terms and conditions of this Agreement. Purchase and use of a Fun Pass is subject to this Agreement, our Chuck E. Cheese Fun Center policies (copies of which are displayed at each Fun Center and are available upon request), as well as the terms governing the Play Pass cards/bands, Chuck E. Cheese App– which can be found at https://www.chuckecheese.com/terms-conditions (collectively with Agreement are referred to as “Agreement”). You and your Members agree to be bound by this Agreement by your purchasing a Fun Pass.
1. Fun Pass.
1.1 Two Forms of Fun Pass:
(a) Two-Month Limited Terms. One-time purchase providing Fun Pass benefits for a term of 2 months only.
(b) Monthly Membership. Reoccurring monthly membership providing Fun Pass benefits, priced per month, with a minimum term of 12 months (the “Minimum term”).
PLEASE NOTE: You will be required to download our Chuck E. Cheese App (the “App”) from either the Apple App Store or Google Play Store for your mobile device and set up your account in order to complete your membership and redeem your benefits. To access your Fun Pass benefits in the App, you must use the same Account Information when logging in that you used when purchasing your Fun Pass. A Fun Pass Holder must log in to their Rewards Account whenever they visit a Fun Center and must be willing to present it to our employees at the time they use/redeem any of their benefits.
1.2 Payment Method and Authorization to Bill: During the sign-up process you must designate an available payment method you will use to pay amounts you owe under this Agreement. That payment method (or any other available payment method you designate in the future) is referred to as your “Card” in this Agreement. You authorize Chuck E. Cheese: (1) to charge your Card today for the first monthly payment for the Monthly Memberships of all Members and related taxes and processing fees, and your security deposit (if any), and (2) to charge your Card each month thereafter for the monthly payment amount for the Monthly Memberships of all Members and related taxes, for as long as the Monthly Memberships are in effect. You also authorize Chuck E. Cheese to charge your Card for all future fees and charges incurred by any Member under this Agreement, including sales taxes and other government fees, Termination Fees, Deactivation Fees, and other amounts you are required to pay under this Agreement. Chuck E. Cheese will charge your Card on or about the same day each month as your initial sign-up (e.g., if you sign up for Monthly Membership on the 10th of the month, your Card will be charged on or about the 10th of each month). The amount you owe is due and payable on the date we charge (or attempt to charge) your Card. The amount you owe that will be charged to your Card can be viewed on the Chuck E. Cheese payment portal (link goes here).
IF THE PAYMENT METHOD YOU SELECT IS A DEBIT CARD, THE FOLLOWING PARAGRAPH APPLIES TO YOU.
DEBIT CARD PREAUTHORIZATION: You authorize Chuck E. Cheese to charge your debit card each month as indicated above and in this section. The first amount we charge will be the amount of the Monthly Membership payments for all Members and related taxes and processing fees. In subsequent months, the amount we charge will be the amount of the Monthly Membership payments for all Members and related taxes. However, you also authorize Chuck E. Cheese to charge any other amounts you owe under this Agreement to your debit card. You are entitled to receive notice at least 10 days before your debit card is charged if the amount of the charge will be different than the amount of the Monthly Membership payments for all Members and related taxes; but by electronically signing this preauthorization, you choose to get this notice ONLY when the difference in the amount of the charge is more than $10.00 times the number of Monthly Memberships of all Members.
1.3 Your Payment Obligations Under This Agreement: You are responsible for payment of your Monthly Membership payments and all other amounts you owe under this Agreement. If Chuck E. Cheese is unable to obtain payment the first time Chuck E. Cheese attempts to charge your Card, Chuck E. Cheese may attempt to charge repeatedly until payment in full is received. It is your responsibility to ensure that the Card you designate is valid at all times and has not expired. If funds available through your Card are not sufficient to cover any payment when due, you are responsible for providing Chuck E. Cheese access to another acceptable payment method to pay the full amount due. YOU ACKNOWLEDGE THAT, IF ANY PAYMENT BY CARD IS NOT COMPLETED (OR IS REVERSED) AT ANY TIME DURING THE TERM OF THIS AGREEMENT, YOUR MONTHLY MEMBERSHIP MAY BE SUSPENDED AND YOU MAY BE REFUSED ACCESS TO YOUR BENEFITS UNTIL THE AMOUNT YOU OWE IS PAID. You may change or update the Card you designate as your payment method at any time via the Chuck E. Cheese payment portal (link goes here). Failure to use the Monthly Membership or your member benefits does not relieve you of responsibility for payment. In addition, regardless of the number of times a Monthly Membership pass is used, there are no refunds on amounts paid on any Monthly Membership.
1.4 Minimum Term; Changes in the Price of Your Monthly Membership: The Monthly Membership payment will not change during the Minimum Term. However, sales taxes and other government-imposed fees are not part of the Monthly Membership price and may be added or adjusted at any time without notice as required by law. You agree that Chuck E. Cheese may change your Monthly Membership payments any time after the expiration of the Minimum Term. Chuck E. Cheese will give you notice of any change in your Monthly Membership payments before the new payment amount goes into effect, by sending a notice to the e-mail address you provide. At Chuck E. Cheese’ option, Chuck E. Cheese also may mail a notice to you.
If you do not wish to continue your Monthly Membership at the new payment amount, you must cancel your Monthly Membership as described in the Cancellation Procedure below. When the new payment amount goes into effect, Chuck E. Cheese will charge your Card for the new Monthly Membership payments of all Members, unless you cancel according to the terms of this Agreement. You acknowledge that your Monthly Membership payments may be different from others’ Monthly Membership payments because of discounts or promotions offered to others for which you may not be eligible, or which are not available at the time you sign up.
1.5 Cancellation Procedure: Monthly Membership may not be canceled during the Minimum Term. After the Minimum Term, your Monthly Membership in this program renews each month on a month-to-month basis until you cancel it. If you want to cancel, you must give notice of cancellation at least 15 days prior to the date of the last Monthly Membership payment you will make. (For example, if your Monthly Membership payments are due on the 15th day of each month and want your last Monthly Membership payment to be made on April 15, you must cancel your Monthly Membership no later than March 31.) Cancellation notices may not be submitted more than 60 days prior to the end of the Minimum Term. We will provide you with thirty (30) days’ notice prior to auto-renewal.
To give your cancellation notice, go to cancellation URL. Monthly Memberships may not be canceled by telephone, mail, email, by fax, or in person at the restaurant. Monthly Memberships may only be cancelled as described in this section.
1.6 Termination Fee. YOU UNDERSTAND THAT YOU ARE NOT PERMITTED TO CANCEL YOUR MONTHLY MEMBERSHIP UNTIL THE END OF THE MINIMUM TERM. If the Monthly Membership of any Member is canceled or revoked prior to the end of the Minimum Term, you agree to pay a Termination Fee equal to the aggregate amount of the remaining Monthly Membership payments that would be due for that Monthly Membership from the date of cancellation or revocation until the end of the Minimum Term. The Termination Fee will be charged to your Card. You are still required to pay all obligations incurred pursuant to your Monthly Membership prior to the effective date of cancellation or revocation. If you cancel your Monthly Membership after the Minimum Term, you may do so free of charge.
1.7 Suspension of Monthly Membership. Chuck E. Cheese may suspend your Monthly Membership under these circumstances:
(1) If Chuck E. Cheese is unable to successfully charge your Card for Monthly Membership payments and other amounts you owe at the time they are due, and you do not pay the amounts due in some other way, then all your Chuck E. Cheese Monthly Membership passes will be deactivated, and you will no longer be able to use any of your benefits. If your Monthly Memberships are suspended due to failure to pay amounts owed, Monthly Membership will be immediately reinstated if you pay all Monthly Membership payments and other amounts that are due (including the Deactivation Fees) before your next payment is due.
(2) If any Member is suspected of violating any provision of this Agreement, any of the Monthly Membership terms and conditions, or any other rules, regulations, or policies of Chuck E. Cheese or Chuck E. Cheese’s properties, Chuck E. Cheese may suspend the Monthly Membership of such Member and deny that Member access to their Monthly Membership benefits while the alleged violation is investigated. Upon conclusion of the investigation and depending upon the findings of such investigation, Chuck E. Cheese may either reinstate the suspended Monthly Membership or immediately revoke such Member’s Monthly Membership.
You agree to pay a Deactivation Fee of $10.00 for each Member’s Monthly Membership that is suspended, to defray the administrative costs incurred by Chuck E. Cheese in connection with the suspension of Monthly Membership and deactivation of Monthly Membership passes. During the suspension, Chuck E. Cheese will continue to collect all amounts due under this Agreement, including the monthly payments for the Monthly Membership that has been suspended. If any Monthly Membership is suspended, you will not be entitled to a refund of your security deposit (if any) for the specific Monthly Memberships that are suspended, even if the Monthly Membership is reinstated at a later time.
1.8 Revocation of Monthly Membership. When a Monthly Membership is revoked, the affected Monthly Membership pass is permanently deactivated, and the affected Member is no longer eligible to receive any of the benefits of Monthly Membership. Chuck E. Cheese may revoke Monthly Membership under the following circumstances:
(1) If you fail to pay Monthly Membership payments and other amounts you owe at the time they are due for more than 30 days (i.e., after you miss two monthly payments), your Monthly Memberships will be revoked.
(2) Monthly Membership may be revoked for cause, including but not limited to, if a Member uses a Monthly Membership for commercial purposes, or engages in activity which Chuck E. Cheese, in its sole discretion, deems improper, including without limitation fighting or rowdy behavior at Chuck E. Cheese’ properties, or Chuck E. Cheese determines that you or any Member violated any provision of this Agreement, any of the Monthly Membership terms and conditions, or any other rules, regulations, or policies of Chuck E. Cheese or Chuck E. Cheese’ properties.
If Monthly Membership is revoked, you will be billed for any amounts that are due plus any costs (including reasonable attorneys’ fees) incurred by Chuck E. Cheese in attempting to collect amounts due or otherwise enforcing this Agreement. If Monthly Membership is revoked during the Minimum Term, you will pay a Termination Fee for each revoked Monthly Membership as described above. Chuck E. Cheese may charge your Card for any Termination Fee or other amount you owe. If any Monthly Membership is revoked, you will not be entitled to a refund of your security deposit (if any) for the specific Monthly Memberships that are revoked.
1.9 Security Deposits: If you signed up for a Monthly Membership program that required you to provide a security deposit you agree to all of the following: (1) You will receive a full refund of your security deposit after the Monthly Memberships of all Members are cancelled provided that: (a) all Monthly Memberships are cancelled according to the Cancellation Procedure described in this Agreement; (b) you have paid all amounts you owe under this Agreement; (c) the Monthly Memberships of all Members have been in effect throughout the Minimum Term; (d) no Member’s pass has been revoked or suspended at the time the Monthly Memberships are cancelled; and (e) you have not previously or otherwise forfeited your security deposit in a manner described in this Agreement; (2) Your security deposit refund will be credited to your Card; (3) Chuck E. Cheese will not pay interest on your security deposit and will not hold your security deposit separate from other Chuck E. Cheese funds; and (4) You may not apply your security deposit towards outstanding or future Monthly Membership fees or collection costs.
2. Fun Pass Requirements
2.1 Fun Passes Registration: Each Fun Pass Holder is responsible for registering their Fun Pass by providing their true first name and last name; their date of birth; their residential address; a valid contact number; and a contact email address (if they have one). In the event that the Pass Holder is under the age of 13, then the parent should provide their own contact email address and not an address for the child.
2.2 Chuck E. Cheese Account Registration Required: A Chuck E. Cheese account is required to purchase and to fully participate in a Fun Pass Package. If you choose to purchase a Fun Pass from our website, you will be required to register for a Chuck E. Cheese Account at the time of your purchase. If you wish to purchase your Fun Pass in a participating Fun Center, you will be required to register for a Chuck E. Cheese Account immediately after your purchase via a web link we will provide. If you already have an Account, you can link your Fun Pass to it. For the avoidance of doubt, these Terms apply and are in addition to our Chuck E. Cheese App Terms & Conditions, which can be found on our website.
2.3 Chuck E. Cheese Mobile App Required: You will also need to download our Chuck E. Cheese App (the “App”) from either the Apple App Store or Google Play Store for your mobile device and set up your account in order to redeem your benefits. To access your Fun Pass benefits in the App, you must use the same Account Information when logging in that you used when purchasing your Fun Pass.
3. Monthly Membership Benefits: You will receive all of the standard benefits of the associated Fun Pass product you purchased as described in Section 3.2 below (“Monthly Membership Benefits”). Some Monthly Membership Benefits are subject to change without notice.
Again, your receipt of Fun Pass benefits is subject to you and your Members complying with the terms and conditions set forth in this Agreement.
3.1 Receipt of Monthly Membership Benefits: You will immediately receive all of your Fun Pass benefits through the App after you complete your purchase and complete the online registration process. If we are unable to automatically link your Chuck E. Cheese Account to your Fun Pass at the time of purchase, you will need to register for a Chuck E. Cheese Account and create your account before you will have complete access to all of your benefits. Please contact [email protected] for additional assistance.
3.2 Fun Pass Packages: Three separate Fun Pass packages (Bronze, Silver and Gold) are available as set forth in the table below. Package prices vary depending upon participating locations. The price of a Fun Pass varies by Fun Center and is subject to change at any time.
The terms “family” or “household” for the purposes of this Agreement means a group of two or more persons related by birth, marriage, or adoption who live together in the same household at the same physical address as you.
No Member is permitted to stack, combine or use a Monthly Membership Benefit with any other offer.
Unless otherwise provided for herein, the following benefits are made available based on the package you purchase, and in the timing and frequency (as the case may be) as set forth below:
• Daily Game Play. During Monthly Membership Period, Fun Pass Holders will receive a specified number of Play Points each day they visit any of our participating Fun Centers during the Monthly Membership Period. These Play Points are available for use on the day they are issued and will expire at midnight of that same day. Points are credited at checkout and are valid for gaming and other eligible activities until they are either used up or the day ends. Any Play Points not used by the end of business on the day they are issued will expire. Please be reminded that all gameplay using these points is also governed by our Play Pass Terms & Conditions.
• Play Pass Points Allocation Across Play Passes: Play Pass Points can be distributed among family or household cards at the time of daily redemption. Once assigned, these points cannot be transferred between cards after the initial allocation.
• Play Pass Cards: Play Passes bought through our website need to be first activated at the designated “home store” specified during purchase. After activation, the Fun Pass can be used at any participating Fun Center nationwide. Each family will receive one Play Pass card per household member, with a limit of six cards per household. Play Pass cards are exclusively for your household members. Lost or forgotten Play Pass cards can be replaced by purchasing additional cards for $1.00 each. Play Passes are non-transferable and may not be shared with anyone outside of the Play Pass Holder’s household.
• Discounts on Food and Drinks: Fun Pass Holders are eligible for a discount on most food and drink items at participating Fun Centers, as detailed in the discount chart provided above. To receive the discount, purchases must be made at the front register—kiosk and mobile table orders are excluded, and the offer is not valid for online or delivery orders. The discount applies only to regular menu items, usually listed on the menu boards at the register. However, discounts offered to Fun Pass Holders do not apply to birthday party supplies, birthday and Buddy V cakes, alcoholic beverages, items already discounted (e.g., value deals), certain limited-time offers (LTO), or non-food items such as trampolines, merchandise, and eTickets. Additionally, discounts cannot be “stacked”; multiple discounts may not be applied to the same item.
• Discounts on Play Points: Fun Pass Holders at all levels are entitled to discounts on additional Play Points that must be purchased at the front register. Bronze members receive a 20% discount, Silver members enjoy a 30% discount, and Gold members benefit from a 50% discount. Each member must use the corresponding coupon from the Chuck E. Cheese mobile app to avail these discounts. For clarity, Fun Pass Holders are required to use the Chuck E. Cheese mobile app and show the corresponding discount coupon at the front register to purchase additional Play Points.
4. Fun Pass Limitation and Restrictions
(a) Fun Pass Exclusions and Limitations: A Fun Pass does not cover additional fees for food, merchandise, eTickets, pay-per-experience attractions (e.g., trampoline), or special events unless explicitly stated otherwise in these Terms. Games or attractions requiring a separate entry fee are also excluded from the Fun Pass benefits.
(b) Kiosk Purchases. It’s important to note that Fun Pass transactions must be completed at the front register; kiosk purchases do not qualify for discounts.
(c) Operational Flexibility: Chuck E. Cheese reserves the right, at its sole discretion, to alter the operating days and times of any Fun Center and to close or cancel any part of a location for reasons including but not limited to maintenance needs, health and safety concerns, or special events. No refunds or compensation will be provided if a Fun Center is unavailable or if any attractions are closed or removed.
(d) Event and Attraction Restrictions: Fun Passes may not be used during private events, buyouts, or any events requiring a separate admission fee. Access to certain games, attractions, or special events may incur additional charges or require advance purchases. Operating hours and available attractions may vary without notice and are subject to temporary closures based on health and safety, operational needs or capacity limits.
(e) Admission Policy: Possession of a Fun Pass does not guarantee entry to a Fun Center. Entry may be denied for any reason in accordance with this Agreement. Additionally, during peak times, possession or use of a Fun Pass does not ensure immediate access to a Fun Center.
(f) Fun Passes are Non-Refundable: A Fun Pass is non-refundable, non-exchangeable and not valid for cash. Unless stated otherwise, a Fun Pass cannot be used in conjunction with any promotional offer, voucher or advance booking or with any other offer, discount or retail/restaurant incentive except those specifically designated Fun Pass holders.
(g) Pass Sharing: Fun Passes are non-transferable and cannot be sold, loaned or given away to be used by a third party. Any use of a Fun Pass in breach of these Terms or the relevant Rules will result in the Fun Pass being revoked without compensation. For the avoidance of doubt, Fun Pass sharing is a breach of these Terms and any attempted use of a Fun Pass by someone other than the named Fun Pass Holder, regardless of reason, will result in the Fun Pass being revoked without compensation to the Fun Pass Holder.
(h) Violation of Fun Center Rules: Violation of Fun Center rules will result in expulsion. A copy of Fun Center rules is available upon request. Conduct that is disorderly, disruptive or in poor taste is prohibited. Clothing with inappropriate/offensive words, phrases or graphics are prohibited. While at any Chuck E. Cheese location, shirts and footwear with soles must be worn at all times.
(j) Additional Restrictions: Fun Passes and Fun Pass benefits cannot be combined with any other offer. No cash value. Not for resale and not transferable. No substitutions. See www.chuckecheese.com for Chuck E. Cheese addresses and hours of operation. Subject to additional taxes and use charges. Valid identification may be required. Minors must be accompanied by adults to enter and remain in a Fun Center.
5. Violations of this Agreement
A Chuck E. Cheese Fun Pass is a revocable license and may be suspended or confiscated with no refund of purchase price.
- Suspension: If a Fun Pass Holder is suspected of violating any of this Agreement or policies of Chuck E. Cheese, Chuck E. Cheese may suspend the Fun Pass held by such person or persons subject to Chuck E. Cheese’ investigation of the alleged violation. Upon the conclusion of the investigation and depending upon the findings of such investigation, the suspended Fun Pass will either be reinstated and extended to cover the period during which such Pass was suspended, reinstated without extension for the suspension period, or immediately revoked.
- Cancellation or Revocation: The Fun Passes provide the Fun Pass Holder with revocable privileges which may be cancelled or revoked by Chuck E. Cheese at any time without notice or refund. The Fun Pass Holder may also be removed from the Fun Center for any misuse, failure to abide by applicable terms and conditions or conduct detrimental to the Fun Center, including theft of property or services, violation of Federal, State and Local laws, assisting any person to obtain unauthorized entry, violation of Fun Center rules, safety procedures, vandalism, disorderly conduct, intoxication, and possession of intoxicating liquors (except as properly purchased within the Fun Center with valid identification and used in a responsible manner), drugs or weapons.
A Fun Pass that is discovered to have been purchased through illegal methods will be revoked without compensation.
6. Privacy
Use of Fun Pass Registration Information: Chuck E. Cheese is entitled to use Fun Pass registration and purchase details, including without limitation first name and last name, address, telephone number, email address and items purchased and cost of each item, to contact them in relation to service information, including, but not being limited to, information about changes to these Terms, and expiry. Chuck E. Cheese may also use the Fun Pass Holder’s registration and purchase details to contact them with information and special offers from or about Chuck E. Cheese.
Communications: As a member of the Fun Pass Holder program, a Fun Pass Holder will be eligible to receive periodic mailers and newsletters and other communications about Chuck E. Cheese, other Chuck E. Cheese affiliated products and services and select unaffiliated, third party offers, including information about events, products, opportunities, services and special offers and discounts available to Fun Pass Holders. Fun Pass Holders may also be sent information about special events, products, services and offers based on their activities at the Fun Centers (e.g., purchase transactions, game usage, etc). These communications may be sent by postal mail (one mailing per Fun Pass Holder household/address) or by email, based on the contact information provided to Chuck E. Cheese. Fun Pass Holders may also receive these communications from any subsidiary or affiliated entity of CEC Entertainment, LLC.
Fun Pass Holders may choose not to receive these communications by unsubscribing via links in the emails or other communication which are sent. Please be aware that if you do not allow us to send you certain communications, we may not be able to deliver information to you about special Fun Pass Holder events and opportunities, or about products and services that may take into account your interests and preferences.
7. DISPUTE RESOLUTION BY BINDING ARBITRATION: EXCEPT AS EXPRESSLY NOTED BELOW, ANY DISPUTE BETWEEN YOU OR ANY OTHER MEMBER AND CHUCK E. CHEESE ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION TO THIS AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT. The dispute must be arbitrated in accordance with the then-current rules and procedures cited below and under the auspices of the American Arbitration Association (“AAA”), except to the extent the rules and procedures are modified by this Agreement. A dispute or claim relating to personal injury or other similar claims arising out of or in connection with an accident or claimed physical injury at any location are expressly excluded from this arbitration provision and the terms hereof.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Chuck E. Cheese should be addressed to: General Counsel, CEC Entertainment, Inc, 1707 Market Place Blvd Headquarters – CEC Entertainment, Inc. Suite 200, Irving, TX, 75063 (the “Notice Address”). If Chuck E. Cheese and the affected Members do not reach an agreement to resolve the dispute within 30 days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Chuck E. Cheese is entitled.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes of the AAA (the “AAA Rules”), as modified by this Agreement, and will be administered by the AAA. The AAA rules are available online at www.adr.org.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
YOU (FOR YOURSELF AND EACH OTHER MEMBER) AND CHUCK E. CHEESE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, joint, or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
The arbitration shall take place in the locale of Dallas, Texas, unless otherwise agreed by the parties.
Except as may be required by law, neither a Member nor an arbitrator may disclose the existence, content, or results of any arbitration under this section without the prior written consent of all parties.
Except as otherwise provided for herein, Chuck E. Cheese will be responsible for paying any arbitration filing fees or fees required in order to obtain a hearing (or documentary submission) of the claim under the applicable rules to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state where the arbitration is to take place. If, however, the arbitrator finds that either the substance of a Member’s claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Chuck E. Cheese for all monies previously disbursed by it that are otherwise the Member’s obligation to pay under the AAA Rules.
Except for the enforcement process described below, the decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator is bound by the terms of this Agreement. The arbitrator will have no authority or power to: (i) stay the effectiveness of any pending termination of this Agreement; (ii) assess punitive or exemplary damages; or (iii) make any award that extends, modifies or suspends any lawful term of this Agreement or any reasonable standard of business performance set by Chuck E. Cheese. The arbitrator must also follow the applicable law and may not disregard the law based on principles of justice or equity which are not a specific part of the applicable law.
If a Member is the prevailing party in any arbitration under this Agreement, that Member will be entitled to recover the Member’s reasonable attorneys’ fees and costs, however, if such Member has the right to attorneys’ fees under any other applicable law, the Member is not entitled to duplicative awards of attorneys’ fees or costs.
A judgment may be entered upon the arbitration award and enforced in accordance with the Federal Arbitration Act and applicable rules of arbitration.
You (for yourself and each other Member) and Chuck E. Cheese irrevocably waive any right to a jury trial.
8. Miscellaneous: You further agree that: (1) By providing information Chuck E. Cheese requests, you agree that Chuck E. Cheese may contact you via mail, phone, mobile app notification, SMS text message, or email to let you know about your account, offers and events; and you further agree that any debt collection agency or attorney hired by Chuck E. Cheese may contact you by the same means in an effort to recover any unpaid portion of your obligation incurred hereunder; (2) Chuck E. Cheese may transfer this Agreement at any time, but you may not sell your Monthly Membership or transfer this Agreement; (3) Chuck E. Cheese may delay or waive enforcement of any of the provisions of this Agreement, including your promise to make timely payments, without losing its right to enforce the same or any other provision later; (4) you waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor; (5) this Agreement contains all of the agreements between the parties with respect to the subject matter of this Agreement and may not be assigned by you; (6) should any term herein be deemed invalid or unenforceable, the remaining terms shall remain in full force and effect; and (7) you will send any legal notice or other notice or information that you are required by law to provide or deliver to Chuck E. Cheese by first-class mail, or by recognized commercial overnight courier, to the following address: CEC Entertainment, LLC, Attn: Monthly Membership Support, 1707 Market Place Blvd., Suite 200, Irving, Texas 75063[DD5].
9. English-Language Version Controls: In the event there is a discrepancy or inconsistency between the English language version and another version of these Terms and Conditions in a different language, the English version will prevail, govern, and control.
10. Blackout Dates, Address Changes and Replacements: Depending on the type of Monthly Membership you purchase, Member’s passes may be subject to admission “blackout dates” during which the Monthly Membership Benefits may not be used. Reasonable efforts will be used to post these blackout dates at least five months in advance or they will be stated with the Monthly Membership description. All Monthly Membership pass replacements must be done through a process described here. Address changes can be made via Chuck E. Cheese’ website as applicable. Any address or other contact information changes will not affect the validity of this Agreement or this Agreement’s applicability to your Monthly Membership.
11. Electronic Purchase Consent: You consent to enter into this Agreement (which includes your Debit Card Authorization, if you elect to pay with a debit card) electronically, and to receive copies of them and all confirmation, notices, and receipts provided to you under this Agreement (collectively, “Documents”) electronically. By providing your consent, you confirm that you agree to enter into the transaction electronically and to receive the Documents electronically. If you do not provide your consent, you will not be able to sign up for Monthly Memberships. Your consent applies to this Agreement, any authorization you give to Chuck E. Cheese to charge a debit card, notices of varying debit card transaction amounts, and all other Documents, and does not apply to any other transactions that are not related to Monthly Memberships. You must provide Chuck E. Cheese with an e-mail address to use to send Documents to you, and you can change or update your email address at link goes here. You can withdraw your consent by sending Chuck E. Cheese a written statement that you no longer consent to electronic transactions, which must be sent to the following address by first-class mail or recognized commercial overnight courier: CEC Entertainment, LLC, Attn: Fun Pass Support, 1707 Market Place Blvd., Suite 200, Irving, Texas 75063. Your withdrawal will not affect the validity of this Agreement or your receipt of the Documents. You may ask Chuck E. Cheese for a free paper copy of any Document by submitting a written request to the same address.
To access and retain Documents and to sign this Agreement electronically, you must (1) have access to an Internet service account; (2) be able to view the Documents on your computer; (3) use a browser that supports the HTML 4.0 standard, such as Internet Explorer, Safari, or Mozilla; (4) use Adobe Acrobat version 4.0 and above; (5) be able to receive e-mail at the e-mail address you provide to Chuck E. Cheese; and (6) have access to a computer and operating system that can support these functions and software, and that (i) permits you to save files on a storage device for later reference, or (ii) is connected to a printer that will print out information displayed on your Internet browser. You will need at least 1.0 MB of storage space available.