1. SMS Messaging Program

Fear Overload Scream Park (“Fear Overload,” “we,” “us,” or “our”) offers optional SMS and MMS messaging programs to individuals who affirmatively enroll.

If you affirmatively opt in to our promotional messaging program, you consent to receive recurring automated promotional and personalized marketing text messages from Fear Overload Scream Park at the mobile telephone number you provide during enrollment.

Messages may include event announcements, ticket promotions, special offers, abandoned cart reminders, and other marketing communications. Messages may be sent using an automatic telephone dialing system or other automated technology.

Consent to receive promotional text messages is not a condition of any purchase.

Message frequency varies based on promotions, events, and your interactions with our services. Message and data rates may apply.

Merely visiting our website, purchasing a ticket, providing a telephone number, submitting a contact form, or applying for employment does not, by itself, enroll you in our promotional SMS program.

2. Enrollment and Consent

Participation in our promotional SMS program is voluntary and requires affirmative consent through an authorized enrollment process.

By enrolling, you authorize Fear Overload Scream Park to send the marketing messages described in the enrollment disclosure to your designated mobile telephone number.

You agree to provide a telephone number you are authorized to use and to notify us if that number changes or is no longer under your control.

By affirmatively accepting these Messaging Terms through an enrollment process that clearly presents them, you agree to these SMS Terms & Conditions, including the limited SMS arbitration agreement below, and acknowledge our Privacy Policy.

Simply providing a mobile number or consenting to receive messages does not, by itself, establish acceptance of the arbitration agreement unless the enrollment process also provides clear notice of that agreement and records your affirmative acceptance.

3. Message Frequency and Delivery

Message frequency may vary. Fear Overload Scream Park may adjust the number and frequency of promotional messages based on our events, marketing campaigns, and customer communications.

We may change the telephone number or short code used to send messages and will provide any notice required by applicable law.

SMS and MMS availability depends on your wireless provider, device, network coverage, and other technical factors.

Not all mobile devices or carriers support all messaging features. Message delivery is not guaranteed, and carriers are not responsible for delayed or undelivered messages.

4. Cancellation and Opt-Out

You may withdraw your consent to receive promotional text messages at any time.

To unsubscribe, reply with any of the following keywords to a message from our program:

STOP

END

CANCEL

UNSUBSCRIBE

QUIT

REVOKE

OPT OUT

We will also honor other reasonable requests to stop receiving promotional text messages, including requests submitted to info@fearoverload.com, as required by applicable law.

Opt-out requests will be processed promptly and no later than the deadline required by applicable law.

After submitting an opt-out request, you may receive one final non-promotional text message confirming that your request has been processed, where permitted by law.

If you participate in multiple messaging programs, we will process your request according to applicable law and your expressed preferences.

Opting out of promotional messages does not necessarily prevent us from sending lawful transactional or service-related communications that do not require promotional marketing consent.

5. Help and Customer Care

For assistance with Fear Overload Scream Park’s SMS or MMS messaging program, reply HELP to a text message where supported.

You may also contact Fear Overload Scream Park directly:

Email: info@fearoverload.com

Business: Fear Overload Scream Park

Address: 2086 Newpark Mall, Newark, CA 94560

Our SMS and MMS messaging services are provided through Attentive, our third-party messaging technology provider.

For technical assistance with message delivery or operation of the messaging platform, you may also contact Attentive at:

Email: support@attentivemobile.com

To unsubscribe from promotional messages, reply STOP to a message or contact Fear Overload Scream Park directly at info@fearoverload.com. Opt-out requests will be processed in accordance with our Cancellation and Opt-Out section and applicable law.

6. Privacy

We respect your privacy and handle information associated with our messaging programs in accordance with our Privacy Policy.

Information collected through SMS enrollment may include your mobile telephone number, enrollment and consent records, messaging preferences, and related communication information.

We may use authorized messaging service providers to deliver messages, process unsubscribe requests, and administer our messaging programs.

We do not sell or share SMS opt-in consent information with unrelated third parties for their independent marketing purposes.

For additional information about our privacy practices, please review our Privacy Policy.

7. Dispute Resolution and Arbitration

7.1 Scope and Agreement to Arbitrate

THIS ARBITRATION AGREEMENT APPLIES ONLY TO INDIVIDUALS WHO AFFIRMATIVELY ENROLL IN A FEAR OVERLOAD SMS OR MMS MESSAGING PROGRAM AND AFFIRMATIVELY AGREE TO THESE MESSAGING TERMS, INCLUDING THIS ARBITRATION AGREEMENT.

These Messaging Terms apply exclusively to Fear Overload Scream Park’s SMS and MMS messaging programs.

If you affirmatively enroll in a messaging program through a process that clearly and conspicuously presents these Messaging Terms, including this arbitration agreement, and reliably records your affirmative acceptance, you and Fear Overload Scream Park agree that disputes arising directly from or relating to that enrolled messaging program will be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, subject to the exceptions and limitations below.

Covered disputes may include claims concerning SMS enrollment, consent, marketing text messages, message frequency, delivery, opt-out requests, and other activities directly related to the messaging program to which the individual affirmatively agreed.

This arbitration agreement does not apply to disputes arising from ordinary website browsing, website cookies, tracking pixels, analytics, digital advertising, ticket purchases, ticket refunds, event attendance, employment applications, or other activities unrelated to the agreed SMS or MMS messaging program.

For avoidance of doubt, a claim alleging improper collection, interception, disclosure, or use of information through website cookies, tracking pixels, analytics scripts, or online advertising technologies is excluded from this SMS arbitration agreement, even if the claimant enrolled in our SMS program and even if the alleged tracking occurred on a webpage used for SMS enrollment. SMS enrollment does not convert an otherwise excluded website-tracking claim into a covered messaging dispute.

Merely visiting or browsing our website, viewing these Messaging Terms, providing a telephone number, or receiving an unsolicited text message does not, by itself, constitute agreement to arbitration.

Nothing in these Messaging Terms creates an arbitration agreement with individuals who have not affirmatively accepted the applicable arbitration provision.

7.2 Determination of Arbitration Agreement and Scope

A court of competent jurisdiction, rather than an arbitrator, shall determine whether an enforceable arbitration agreement was formed and whether a particular dispute falls within the scope of this SMS arbitration agreement.

Notwithstanding any provision of the AAA Consumer Arbitration Rules that might otherwise assign such questions to an arbitrator, the parties do not delegate questions of contract formation or the scope of this arbitration agreement to an arbitrator.

The arbitrator shall determine the merits of disputes properly subject to arbitration, consistent with applicable law and AAA rules.

7.3 Individual Binding Arbitration

For disputes covered by a validly formed SMS arbitration agreement, you and Fear Overload Scream Park agree to resolve those disputes through binding individual arbitration rather than a court proceeding, except as otherwise provided in these Messaging Terms or required by applicable law.

Arbitration generally uses a neutral arbitrator instead of a judge or jury and may involve more limited discovery and appellate review than court litigation.

An arbitrator may award individual relief available under applicable law.

For disputes properly subject to arbitration, both parties waive the right to a jury trial to the extent permitted by law.

7.4 Exceptions

This arbitration agreement does not prevent either party from:

1. Bringing an eligible individual claim in small claims court.

2. Submitting complaints to governmental or regulatory agencies.

3. Seeking judicial relief that cannot lawfully be waived or required to be arbitrated.

4. Pursuing applicable rights to public injunctive relief or other nonwaivable statutory remedies.

5. Asking a court to determine whether an arbitration agreement was formed or whether a particular dispute is covered by the agreement.

Nothing in this agreement eliminates rights or remedies that cannot lawfully be waived.

7.5 Notice and Informal Dispute Resolution

Before initiating arbitration of a covered SMS dispute, the party seeking arbitration must provide written notice describing the nature of the dispute and the relief requested.

Notices to Fear Overload Scream Park may be sent to:

Fear Overload Scream Park

Attn: Business Owner

2086 Newpark Mall

Newark, CA 94560

Email: info@fearoverload.com

The parties agree to attempt in good faith to resolve the covered dispute informally within thirty (30) days after receipt of the notice.

If the dispute remains unresolved after this period, either party may initiate arbitration in accordance with the applicable AAA Consumer Arbitration Rules.

Any applicable limitation period will be tolled during the mandatory informal resolution period to the extent required by applicable law.

The informal dispute-resolution process shall not deprive either party of any nonwaivable statutory right.

7.6 Individual Proceedings and Class-Action Waiver

For disputes validly covered by this SMS arbitration agreement, you and Fear Overload Scream Park agree to bring claims only in your or our individual capacity and not as part of a class, collective, consolidated, or representative arbitration proceeding, to the fullest extent permitted by applicable law.

Neither party agrees to class arbitration.

This class-action waiver applies only to disputes covered by a valid and enforceable SMS arbitration agreement. It does not apply to unrelated website, ticketing, employment, or event-attendance disputes.

Nothing in this provision waives any right or remedy that cannot lawfully be waived, including applicable rights to public injunctive relief.

7.7 Arbitration Rules and Costs

Covered SMS disputes shall be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.

The applicable AAA rules and fee schedules are available at www.adr.org.

Arbitration costs, administrative fees, and arbitrator compensation shall be allocated in accordance with the applicable AAA Consumer Arbitration Rules and governing law.

The Federal Arbitration Act shall govern this arbitration agreement to the extent applicable.

Arbitration proceedings may be conducted through written submissions, telephone, video conference, or in person, as permitted by applicable AAA rules and law.

7.8 Claims Not Covered by Arbitration

Disputes not covered by this SMS arbitration agreement may be pursued in a court of competent jurisdiction, subject to applicable law.

Nothing in this agreement creates consent to personal jurisdiction or venue where such consent would otherwise be absent.

This SMS arbitration agreement does not govern any separate admission waiver, release of liability, or arbitration agreement that may be voluntarily and validly executed in connection with attendance at a Fear Overload Scream Park attraction.

7.9 Future Modifications

Fear Overload Scream Park may revise these Messaging Terms prospectively.

Any updated version will be published with its revised effective date.

Publication of revised terms does not, by itself, retroactively modify previously formed agreements or eliminate previously accrued claims, rights, defenses, or obligations.

Changes to an existing arbitration agreement are subject to applicable contract law and any legally required notice or consent.

7.10 Severability and Enforceability

If any portion of this arbitration agreement is determined to be unenforceable, the remaining provisions shall remain effective to the extent permitted by applicable law.

If a dispute cannot lawfully be subjected to arbitration, it may proceed in a court of competent jurisdiction.

Nothing in these Messaging Terms shall be interpreted to require arbitration by an individual who never formed an enforceable agreement to arbitrate.

8. Contact Information

For questions about these SMS Terms & Conditions, our messaging programs, or your communication preferences, please contact:

Fear Overload Scream Park

2086 Newpark Mall

Newark, CA 94560

Email: info@fearoverload.com

Website: https://fearoverload.com/

Privacy Policy: https://fearoverload.com/privacy-policy/