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WEBSITE LEGAL PAGE
These Terms of Service govern your use of the Kidiverse facility, website, booking tools, memberships, classes, events, parties, field trips, and all related Services.
WEBSITE LEGAL PAGE
Version 3.16 | Supersedes all prior Terms of Service
Effective Date: June 15, 2026
These Terms of Service ("Terms") govern your access to and use of the physical facilities, website, online booking tools, digital platforms, memberships, classes, events, birthday and private parties, field trips, and all other services offered by Kidiverse ("Kidiverse," "we," "us," or "our"). Our facility is located at 7149 N. Frontage Rd, Orlando, Florida 32812 and is operated by Kidiverse LLC.
By entering our Facility, completing a Waiver, making a booking or purchase, using our website, or registering for any program, you ("you," "Guest," or "User") agree to be bound by these Terms in full. If you are using our Services on behalf of a minor child, you represent that you are the parent or lawful guardian of that child and that you accept these Terms on their behalf and on your own behalf. If you do not agree to these Terms, you may not use our Services.
All Guests must complete and sign the Kidiverse Waiver before entering the play area. For Guests under 18, a parent or legal guardian must sign on their behalf. The Kidiverse Waiver system, built by The Projekt LLC, allows the signing parent or guardian to include as many family members under 18 on a single Waiver as they choose to add to the Waiver group for the specified event or visit. Each signed Waiver is stored as part of a Kidiverse Guest profile and remains valid for three hundred sixty-five (365) days from the date of signing, covering each visit to the Facility during that period, unless Kidiverse notifies the Guest that re-signing is required. For scheduled events including Birthday Parties, Private Parties, Field Trips, and Room Rentals, the Guest or booking host must associate their Waiver with the applicable event by entering or selecting the event identifier provided by Kidiverse prior to entry. Event linkage is the mechanism by which Kidiverse confirms that all attendees of a scheduled event have an active Waiver on file and by which the booking organization or party host’s liability obligations attach to all linked attendees.
Kidiverse is an active physical play environment. By entering the Facility, you acknowledge that participation in physical attractions carries inherent risks, including bodily injury, permanent disability, paralysis, and death. You voluntarily assume all such risks on your own behalf and on behalf of any Minor in your care.
To the fullest extent permitted by Florida law, you release, waive, discharge, and hold harmless Kidiverse, its owners, officers, employees, agents, and affiliates from all claims arising out of your use of the Facility or participation in any Kidiverse activity, including claims arising from the ordinary negligence of Kidiverse, its owners, officers, employees, and agents. This release does not extend to claims arising from the gross negligence, recklessness, or intentional misconduct of Kidiverse, its owners, officers, employees, or agents, which are expressly excluded from this release. You agree to indemnify and defend Kidiverse against any claims arising from your conduct or the conduct of any Minor in your care.
You agree to pay for all damages to Facility property or equipment caused by your willful actions, negligence, or recklessness, or by any Minor in your care. Kidiverse reserves the right to seek full recovery of repair or replacement costs. You further agree to indemnify and hold harmless Kidiverse and its owners, officers, employees, and agents from any claim, demand, suit, or action brought by another Guest, staff member, or third party arising from personal injury, illness, or other harm caused by your conduct or by the conduct of any Minor in your care at the Facility, including injuries resulting from inadequate supervision of a Minor in your care.
All disputes arising out of or related to these Terms, the Waiver, your use of the Facility, or any activity or service provided by Kidiverse shall first be submitted to good-faith mediation. The parties shall mutually select a mediator within fourteen (14) days of written notice of the dispute. If the parties cannot agree on a mediator within that period, either party may request appointment of a mediator from the American Arbitration Association (“AAA”). Mediation shall be conducted virtually or at a mutually agreed location in Orange County, Florida. The parties shall share mediator fees equally. If the dispute is not resolved within thirty (30) days after the mediator is selected or appointed, either party may proceed to arbitration administered by the AAA under its Consumer Arbitration Rules then in effect. Any arbitration shall be conducted in Orange County, Florida, or virtually at the parties’ election. Consistent with the AAA Consumer Arbitration Rules, Kidiverse will pay all arbitrator compensation and AAA administrative fees in excess of the consumer’s initial filing fee, and Kidiverse will not seek to recover from the consumer any portion of those arbitration fees as a sanction, an award component, or otherwise, except in the limited circumstances permitted by the AAA Consumer Arbitration Rules. Where the AAA determines that the consumer is unable to pay the initial filing fee, Kidiverse will pay that fee as well. Any subsequent arbitration or litigation shall be governed exclusively by the laws of the State of Florida. The prevailing party in any arbitration or litigation proceeding shall be entitled to recover reasonable attorney fees and associated costs from the non-prevailing party.
You expressly waive any right to bring or participate in any class action lawsuit or class-wide arbitration against Kidiverse. All claims must be brought on an individual basis only. This waiver applies to the fullest extent permitted by applicable law. Notwithstanding the foregoing, this Section does not (a) prevent you from bringing an individual claim in small claims court within the small claims court’s jurisdictional limits, or (b) waive any right to seek public injunctive relief in a court of competent jurisdiction where such relief is not waivable under applicable Florida law. If a court of competent jurisdiction determines that the class action waiver in this Section is unenforceable as to a particular claim, that claim shall be severed from the arbitration and dispute resolution provisions of these Terms and litigated separately, and the remaining provisions of Section 2 shall remain in full force and effect.
To the fullest extent permitted by Florida law, you expressly waive your right to a trial by jury for any dispute arising out of or related to these Terms, the Waiver, or your use of the Facility or Services.
Guests displaying symptoms of a communicable illness, including fever, active cough, vomiting, diarrhea, pink eye, or other contagious conditions, will be denied entry or asked to leave the Facility. This policy applies to adults and children. Kidiverse staff are authorized to make these determinations at their reasonable discretion. No refund will be issued in such cases. We understand this is inconvenient, and we appreciate your cooperation in keeping the Facility safe for every family.
In the event of a medical emergency, Kidiverse staff are authorized to contact emergency medical services (911) on a Guest's behalf, administer basic first aid consistent with their training, and take any other reasonable and good-faith action necessary to respond to an immediate threat to life or safety pending the arrival of emergency services. By entering the Facility, you consent to these actions on your behalf and on behalf of any Minor in your care. Kidiverse and its staff are released from liability for good-faith emergency response actions taken under this authorization. Kidiverse does not employ licensed medical professionals. All Guests are strongly encouraged to maintain health insurance coverage.
For safety reasons, any child wearing a cast, splint, sling, brace, or other motion-limiting medical device is not permitted to use the play equipment. Such children are welcome to attend parties and engage in stationary activities at the Facility.
If a parent or guardian becomes separated from a minor child in their care during a visit, the parent or guardian should immediately notify the nearest Kidiverse staff member. Kidiverse will, at staff’s reasonable discretion, take appropriate steps to locate the child, which may include notifying floor staff, conducting a visual sweep of the play areas, checking the front desk and lost-and-found, and reviewing security camera footage where appropriate. If a child is found unattended in the Facility, Kidiverse staff will keep the child at a staffed location, typically the front desk, while staff identify and locate the responsible parent or guardian, using the Guest profile on file and any in-Facility paging reasonable under the circumstances. If a child appears to be attempting to leave the Facility without an accompanying adult, staff will, at their reasonable discretion, escort the child to the front desk and contact the responsible parent or guardian. If a child cannot be located or a responsible adult cannot be identified within a reasonable time, Kidiverse will contact local law enforcement. Parents and guardians remain solely responsible for the supervision of minor children in their care at all times, and the procedures in this Section 3.4 do not transfer supervision responsibility to Kidiverse or modify the Waiver, Section 4.2, or any other provision of these Terms.
Kidiverse reserves the right to refuse entry to, or require the departure of, any Guest at any time for any lawful reason, including but not limited to violation of these Terms, guest conduct that poses a risk to others, illness concerns, capacity limitations, or any other reason determined at the reasonable discretion of Facility management. No refund will be issued when removal is due to policy violation or guest conduct. Kidiverse further reserves the right to impose a temporary or permanent ban on any Guest who violates these Terms, engages in conduct that endangers other Guests or staff, initiates a chargeback in violation of Section 6.5, or who, in Kidiverse’s reasonable judgment, is unsuitable for entry. A ban may apply to the Guest, the Guest’s account, and any minor children associated with the Guest’s profile. A banned Guest may submit a written request for reinstatement to info@ourkidiverse.com no earlier than ninety (90) days after the ban is imposed. Reinstatement is granted at Kidiverse’s sole discretion and is not guaranteed. While a ban is in effect, Kidiverse will not honor bookings, memberships, gift cards, or other entitlements held by the banned Guest, and any active Membership held by the banned Guest may be terminated without refund.
No adult may enter without a child. No child may enter without an adult. Parents and guardians must remain on the premises at all times. Children must be actively supervised at all times. Kidiverse floor staff provide general safety oversight only and are not responsible for supervising or disciplining individual children.
Walk-in admission is available during all hours of operation. Current pricing is at www.ourkidiverse.com. Two parents or caregivers per family are included at no additional charge. A third adult is subject to a separate admission fee. For general admission and open play, the two-adult inclusion applies to the two adults checking in with the child or children at the front desk; additional adults arriving with the family at any point during the visit are subject to the adult admission fee. For birthday parties and private events, adult inclusions are governed by the applicable party package. Kidiverse staff have discretion to accommodate reasonable family configurations (for example, a grandparent accompanying parents on a single visit) on a case-by-case basis. All prices are in United States Dollars and are exclusive of applicable Florida sales tax, which will be collected at the point of sale. Kidiverse reserves the right to adjust pricing at any time. Seasonal pricing may apply during holidays, school breaks, peak periods, and special events. The price in effect at the time of purchase governs the transaction regardless of prior advertising.
Kidiverse-branded non-skid socks are required for all Guests, including parents and adults, at all times within the play area. Socks are available for purchase at the front desk. No bare feet are permitted. Guests who return with previously purchased Kidiverse socks may benefit from a re-use savings.
Hours of operation are subject to change at the business’s discretion, including during special events, exclusive private events that close the Facility to the general public, inclement weather, holidays, staff or facility issues, or other operational circumstances. The most current hours are always posted on the Kidiverse website at www.ourkidiverse.com, which Guests should treat as the authoritative source. Notice of any Facility closure for an exclusive private event is also posted on the Kidiverse website in advance, where feasible, and Kidiverse may, in addition, communicate closure information through social media platforms, the booking platform, and front desk staff. Bookings, memberships, and open play admissions are subject to the posted hours and any posted private-event closure in effect on the day of the visit.
Kidiverse operates under a maximum occupancy of one hundred eighty-one (181) persons, established in accordance with local fire code. When capacity is reached, no additional Guests will be permitted to enter until occupancy decreases. Birthday party guests, field trip participants, and accompanying adults all count toward total occupancy. Capacity status is communicated through front desk staff, the website, social media, and incoming phone inquiries.
The following are strictly prohibited: hitting, biting, kicking, punching, or pushing other Guests; profane or offensive language; alcohol consumption or visible intoxication; behavior creating a safety risk to self or others; and any conduct Kidiverse management reasonably deems threatening or disruptive. Kidiverse reserves the right to ask any Guest to leave without refund.
No weapons of any kind are permitted inside the Facility, including firearms with valid carry permits. Any Guest found to be in possession of a weapon will be asked to remove it immediately. The only exception is law enforcement personnel actively on duty.
Unclaimed items are held for thirty (30) days and then donated to charity. Kidiverse is not responsible for lost, stolen, or damaged personal property.
Security cameras are in operation throughout the Facility, including all play zones, party rooms, lobbies, hallways, the snack bar area, and the front desk. Cameras are video-only and do not record audio. Cameras are not installed in restrooms, changing areas, or any other location where a Guest has a reasonable expectation of privacy. By entering the Facility, you consent to video recording for the following purposes: safety and security; incident investigation; insurance and legal defense; training of Kidiverse staff; and operational review. Footage may be reviewed by Kidiverse management, shared with law enforcement in response to a credible threat, lawful request, or investigation, and shared with Kidiverse’s insurers and legal counsel in connection with any claim. Security camera recording cannot be opted out of, as it is necessary for the safety of all Guests and staff. Kidiverse staff and engaged third-party photographers also photograph and record Facility activities for social media and marketing use, under the consent granted through the Waiver. If you do not wish to be photographed for marketing purposes, notify staff in writing at arrival. Kidiverse will use reasonable efforts to exclude you and minor children in your care from marketing photographs and video captured during that visit. Notification must be repeated at each visit and is not retroactive to photographs or video previously captured or published.
Guests may take photographs and video of their own party group, family members, and minor children in their care during a visit. Guests must not photograph or record other Guests, including minor children who are not in their care, without the prior consent of the other Guest or the child’s parent or guardian, and must not livestream, broadcast, or publicly publish images or video that prominently feature other Guests’ children without consent. Kidiverse staff may, at their reasonable discretion, ask any Guest to stop photographing or recording in the Facility, including where another Guest has expressed discomfort with being recorded, where the recording is interfering with the operation of the Facility, or where the recording appears to violate this Section. Kidiverse is not responsible for the conduct of Guests who photograph or record other Guests, and any dispute between Guests regarding personal photography or recording is a matter between those Guests.
Kidiverse welcomes all families. Wheelchair and stroller access is available. Please notify staff of specific accommodation needs at arrival. Sensory-sensitive families are encouraged to visit during lower-traffic weekday periods.
Kidiverse welcomes service animals as defined under Title III of the Americans with Disabilities Act ("ADA"). A service animal is a dog, or in limited circumstances under the ADA a miniature horse, that is individually trained to perform tasks for the benefit of an individual with a disability. Emotional support animals, comfort animals, and therapy animals that have not been individually trained to perform a specific disability-related task are not service animals under the ADA and are not permitted at the Facility.
Where it is not obvious what service the animal provides, Kidiverse staff may ask only two questions, as permitted by the ADA: whether the animal is required because of a disability, and what work or task the animal has been trained to perform. Staff will not ask about the Guest’s disability, require medical documentation, require special identification or training documentation for the animal, or ask that the animal demonstrate its task. The handler of a service animal is responsible for the care and supervision of the animal at all times and must keep the animal under control by harness, leash, or other tether, unless the handler’s disability or the work being performed makes a tether infeasible, in which case the handler must maintain effective voice, signal, or other control. A service animal may be excluded from the Facility if it is out of control and the handler does not take effective action to control it, or if it is not housebroken. In those cases, the handler remains welcome at the Facility without the animal. The handler is solely responsible and liable for any injury, illness, allergic reaction, property damage, or other harm caused by the service animal to any Guest, staff member, or third party at the Facility, and agrees to indemnify and hold harmless Kidiverse, its owners, officers, employees, and agents from any claim arising from such harm.
Outside food and beverages are generally not permitted at the Facility, with the following exceptions: (a) formula and commercially prepared baby food for infants; (b) birthday cakes or cupcakes for scheduled parties (no ice cream cakes); (c) outside food, including home-prepared food and food provided by third-party vendors, for scheduled field trip bookings and scheduled private party bookings, subject to Section 5.2; and (d) any other category of outside food expressly approved in writing by Kidiverse management. Specialty or sparkler-type candles are not allowed. Kidiverse is not a nut-free facility. Cross-contact with peanuts, tree nuts, and other common allergens is possible at the Facility, including in items prepared on the premises and in items brought in by other Guests. Guests with severe food allergies should review Section 5.2 and make an informed decision before consuming any food on the premises.
For scheduled private party bookings and scheduled field trip bookings, Kidiverse permits Guests to bring outside food and beverages onto the premises, including food prepared at home and food supplied by third-party vendors selected by the Guest (caterers, bakeries, food trucks, or other food service providers). The Guest, host, organizing party, and any attending parent or guardian assume full responsibility for any food and beverage brought onto the premises that was not sold by Kidiverse.
Kidiverse does not prepare, inspect, store, refrigerate, label, or guarantee the safety, sourcing, ingredients, allergen status, or condition of any food or beverage brought onto the premises by Guests or third-party vendors. Kidiverse is not liable for any illness, injury, allergic reaction, foodborne illness, choking incident, intolerance, dietary conflict, or any other consequence arising from the consumption of guest-provided or third-party-provided food and beverages on the premises.
Guests with known food allergies, dietary restrictions, or medical conditions are responsible for reviewing all ingredients, communicating restrictions to their party host, and supervising their own food choices. Parents and guardians are responsible for the food choices of Minors in their care at all times.
Food and beverage sold by Kidiverse on the premises consists of: (a) Domino’s pizza, resold as a convenience and prepared off-site by Domino’s; (b) hot dogs and hot beverages, including tea and hot chocolate, prepared on-site at the Kidiverse snack bar; and (c) pre-packaged retail snack and beverage items sourced from third-party manufacturers and resold without modification. Ingredient, nutritional, and allergen information for pre-packaged items is available on the manufacturer’s original packaging and on request at the front desk.
In addition, Chef Nylah / Nylah Inc. ("Chef Nylah") operates on the premises as the exclusive hot food catering vendor for Birthday Parties and Private Parties booked through Kidiverse, as further described in Section 6.12. Chef Nylah does not provide cake. Catered food supplied by Chef Nylah is prepared by Chef Nylah and is not prepared, inspected, or guaranteed by Kidiverse. Section 5.2 governs liability for all food and beverages supplied by Chef Nylah and by any other third-party food vendor permitted on the premises.
The Kidiverse snack bar is a shared preparation environment. Hot dogs and hot beverages prepared on-site are made in proximity to pre-packaged products containing common allergens, including but not limited to peanuts, tree nuts, milk, soy, wheat, and eggs. Kidiverse cannot guarantee that any item prepared or sold on the premises is free from cross-contact with these allergens. Guests with food allergies should make an informed decision before consuming any item sold by Kidiverse.
By entering the Facility or purchasing any food or beverage item sold by Kidiverse, you acknowledge and accept the disclosures in this Section 5.3 and release Kidiverse from any and all liability arising from food and beverage consumed on the premises, except where caused by Kidiverse’s gross negligence in food handling.
Alcohol of any kind is strictly prohibited on the premises at all times. Guests found consuming or carrying alcohol will be asked to leave without refund.
Helium balloons are prohibited throughout the entire Facility. Non-helium balloons may be brought in for parties but must be tied to a weighted base at all times, must remain in the party room, and may not be distributed individually to guests. Kidiverse staff will assist in transferring balloons to your vehicle at our discretion.
The following items are not permitted anywhere in the Facility: pinatas, confetti or confetti-filled items, streamers, silly string, wall or ceiling decorations requiring adhesive or hooks, and helium balloons. Table-top decorations and themed paper products are permitted in the party room.
Kidiverse offers the Universe, MultiVerse, and OmniVerse birthday party packages, as well as private party options. Details and current pricing are at www.ourkidiverse.com/birthday. Pricing is subject to change; the price in effect at time of booking governs.
A non-refundable deposit is required to confirm all party reservations: $150 for standard packages, or 50% of the total for discounted packages. The remaining balance is due no later than seven (7) calendar days before the event. Payment is accepted by cash, Visa, MasterCard, American Express, or Discover. Personal checks are not accepted, except that checks drawn on the accounts of schools, school districts, or accredited educational programs may be accepted for day-of payment of qualifying field trip bookings under Section 8, subject to the School Check Approval procedure in Section 8.1. School checks are not accepted for party reservations.
For purposes of party bookings, two distinct counts apply: (a) the “child count,” which is the total number of children attending the party, including the celebrant; and (b) the “total headcount,” which is the total number of persons attending the party, including the celebrant, all invited children, all parents and other adults attending, the booking organizer, and any other person entering the Facility in connection with the party. The child count drives the recommended party package (e.g., Universe, Multiverse, Omniverse) based on per-package child limits published on the Kidiverse booking platform from time to time. The total headcount drives the room capacity check against the assigned party room’s capacity. The celebrant is included in both the child count and the complimentary Kidiverse non-skid socks count. Additional children beyond the package limit are charged at a per-child rate as published on the Kidiverse booking platform. The booking Guest is responsible for providing an accurate total headcount at the time of booking and for notifying Kidiverse, no later than ten (10) days before the event, of any material change to the expected total headcount.
Each party room has a fixed maximum capacity, published on the Kidiverse booking platform and subject to change as Kidiverse reconfigures the Facility. Where the total headcount for a booked party exceeds the assigned party room’s maximum capacity, the Kidiverse booking platform may, at the time of booking, recommend (i) the addition of one or more party rooms at then-current rates, (ii) the upgrade of the party package to a higher tier whose assigned room accommodates the total headcount, or (iii) where the child count exceeds the highest available party package, the conversion of the booking to a Private Party as the only available path. The booking platform may decline a party booking, or condition acceptance of a booking on specific modifications, where the requested booking does not meet Kidiverse’s capacity, supervision, or operational requirements, including but not limited to: a booking that would exceed the capacity of the requested party room or available adjacent rooms; a booking that does not include at least one adult attendee responsible for the supervision of attending minors under Section 3; or a booking that, combined with other bookings already accepted, would exceed the Facility’s total occupancy limit under applicable fire code as referenced in Section 4.6.
Where the actual total headcount at the time of the party differs materially from the total headcount provided at the time of booking, Kidiverse reserves the right to require, as a condition of admitting the additional Guests, the upgrade of the party package to a higher tier, the addition of one or more party rooms at then-current rates, or the denial of entry to Guests in excess of the room’s capacity. Where Kidiverse incurs additional costs as a result of an undisclosed headcount increase, including additional decorations, food, package add-ons, vendor commitments, or staffing, the booking Guest is responsible for those additional costs in accordance with the difference-owed provisions of Section 6.4.
No-Refund Policy. All deposits and other payments toward a party booking are non-refundable. The exclusive remedy available to a Guest who cancels a party booking is the right to apply amounts paid toward a rescheduled date as described below; cash, card, or original-payment-method refunds are not available under any of the cancellation tiers, regardless of how far in advance the Guest cancels. Rescheduling is offered at every cancellation tier, subject to the conditions in the Rescheduling Rights and Conditions paragraph below.
Twenty-Four Hour Grace Period (Sole Refund Exception). The sole exception to the No-Refund Policy is the following twenty-four (24) hour grace period: where a Guest cancels a party booking within twenty-four (24) hours of the time the booking was confirmed by Kidiverse, Kidiverse will refund any deposit and any other amount paid by the Guest toward the booking in full, to the original payment method, provided the cancellation is received within the twenty-four (24) hour window and the scheduled event has not already occurred. The twenty-four (24) hour grace period is measured from the timestamp of the booking confirmation generated by the Kidiverse booking platform, not from the date of the event. Where the twenty-four (24) hour grace period and the tiers below would otherwise both apply (for example, where the event is scheduled less than seven (7) days after the booking), the twenty-four (24) hour grace period controls and the Guest receives a refund of amounts paid; outside the twenty-four (24) hour grace period, the tiers below control and refunds are not available.
Booking-Time Acknowledgment of No-Refund Policy. Before any party booking is finalized at checkout, the Kidiverse booking platform presents a separate, conspicuous on-screen notice (the “Booking-Time No-Refund Acknowledgment”) that summarizes (i) the No-Refund Policy in this Section 6.4, (ii) the Twenty-Four Hour Grace Period exception in this Section 6.4, (iii) the cancellation and rescheduling tiers and the Rescheduling Rights and Conditions in this Section 6.4, and (iv) the chargeback policy in Section 6.5, including Kidiverse’s right to contest chargebacks initiated in violation of these Terms and the fifty dollar ($50) chargeback processing fee. The notice is presented with an acknowledgment checkbox that is unchecked by default. The Guest must affirmatively check the acknowledgment checkbox to proceed with the booking; the Kidiverse booking platform will not accept payment for a party booking until the checkbox is checked. The text of the on-screen notice is substantively the same as the relevant provisions of this Section 6.4 and Section 6.5 and identifies those Sections by number. Kidiverse retains a record of each Booking-Time No-Refund Acknowledgment in the Guest’s booking record, including the date and time the checkbox was checked, the version of the policy text displayed, and the related booking confirmation identifier. A Guest who completes a party booking after checking the Booking-Time No-Refund Acknowledgment is deemed to have received clear and conspicuous notice of the No-Refund Policy, the Rescheduling Rights and Conditions, and the chargeback policy at the point of sale, in addition to the disclosures provided elsewhere in these Terms. Where the Booking-Time No-Refund Acknowledgment is unavailable due to a technical issue with the booking platform, Kidiverse will not finalize the booking until the Acknowledgment is captured through an alternative recorded means, such as a checkbox on a confirmation email or a recorded staff-assisted phone or in-person acknowledgment.
Cancellation and Rescheduling Tiers. Outside the twenty-four (24) hour grace period above, the tiers below describe what happens to amounts paid at each cancellation timeframe. Refunds are not available under any tier; the available remedies are rescheduling under the conditions in the Rescheduling Rights and Conditions paragraph that follows or forfeiture where the Guest declines or is ineligible to reschedule.
Rescheduling Rights and Conditions. A Guest who cancels a party booking, in any tier described below, has the right to reschedule the booking to an alternative date, subject to all of the following conditions. (a) The rescheduled date must fall within three (3) months of the original event date. (b) The Guest’s preferred rescheduled date and time must be available on the Kidiverse booking calendar; Kidiverse cannot guarantee availability of any specific date, time, package, or party room, and where the Guest’s first choice is unavailable, the Guest may select any other available slot within the three (3) month window. If no available slot within the three (3) month window is acceptable to the Guest, the Guest forfeits the right to reschedule and the amounts paid are forfeited under the applicable tier. (c) Any unpaid balance owed to Kidiverse on the original booking must be paid in full before the rescheduled date is confirmed; until the unpaid balance is paid, the rescheduled date is not held or guaranteed. A Guest who refuses or fails to pay the unpaid balance forfeits the right to reschedule, and any amounts already paid are forfeited under the applicable tier. (d) Where Kidiverse has, prior to the cancellation, incurred costs in preparation for the original event – including but not limited to decorations purchased, food or pizza ordered, package add-ons procured, party-room preparation completed, third-party vendor commitments made, or staff time allocated – and those costs cannot be fully recovered or applied to the rescheduled event, Kidiverse will determine in its sole discretion the additional amount, if any, the Guest must pay toward the rescheduled event to cover the difference attributable to the Guest’s late communication or no-show. The Guest must pay the additional amount before the rescheduled date is confirmed. (e) A Guest may reschedule only once per booking under this Section; a second cancellation of the rescheduled date follows the same tier framework, except that the right to reschedule is at Kidiverse’s sole discretion and is not guaranteed. (f) Rescheduling under this paragraph is the Guest’s sole remedy for any Guest-initiated cancellation outside the twenty-four (24) hour grace period; no refund of amounts paid is available regardless of whether the Guest exercises or forfeits the rescheduling right.
For purposes of the tiers above, time is measured backward in calendar days from the scheduled event start time, and the effective date and time of a cancellation is governed by Section 12.2. Inclement weather cancellations are handled individually and do not count as a standard cancellation; the available remedy for an inclement weather cancellation is rescheduling, not a refund. Kidiverse-initiated cancellations of a confirmed party booking, including those caused by Facility closure for an exclusive private event under Section 4.5 or any Force Majeure Event under Section 18, are governed by Section 18 (Force Majeure) and may, at Kidiverse’s sole discretion, result in a refund to the original payment method, a credit toward a rescheduled date, or another remedy reasonably available; the No-Refund Policy in this Section 6.4 does not apply to a Kidiverse-initiated cancellation. Rescheduled dates must fall within three (3) months of the original date.
By completing a booking and paying a deposit or full balance, you acknowledge that these Terms govern your reservation, that deposits and other amounts paid toward a party booking are expressly non-refundable in accordance with the No-Refund Policy in Section 6.4, that the twenty-four (24) hour grace period in Section 6.4 is the sole exception under which a Guest-initiated cancellation results in a refund, and that rescheduling under the Rescheduling Rights and Conditions paragraph of Section 6.4 is the exclusive remedy available for any Guest-initiated cancellation outside the twenty-four (24) hour grace period. You further acknowledge that the No-Refund Policy, the Rescheduling Rights and Conditions, and this chargeback policy were disclosed to you at the point of sale through the Booking-Time No-Refund Acknowledgment described in Section 6.4, which you checked to complete your booking. If you initiate a credit card chargeback or payment dispute outside the twenty-four (24) hour grace period, or after the grace period has lapsed, Kidiverse reserves the right to contest the chargeback using these Terms, your signed booking confirmation, the record of your Booking-Time No-Refund Acknowledgment, evidence of the rescheduling rights made available to you, and any other documentation available. Initiating a chargeback does not waive Kidiverse's right to recover amounts owed under these Terms through any available legal remedy. A chargeback initiated in violation of these Terms is subject to a fifty dollar ($50) chargeback processing fee, which becomes immediately due and payable to Kidiverse in addition to any underlying amounts owed. Kidiverse reserves the right to refer unpaid chargebacks and associated fees to a third-party collections agency at any time. A Guest who initiates a chargeback in violation of these Terms may, at Kidiverse’s sole discretion, be permanently banned from future bookings and Facility entry, and any active Membership held by that Guest may be terminated without refund. Kidiverse’s rights under this Section are cumulative and in addition to any other rights or remedies available under these Terms or applicable law.
The standard duration of a Kidiverse birthday party is one (1) hour and thirty (30) minutes. The standard duration of a Kidiverse Private Party is two (2) hours. Parties begin promptly at the scheduled time. Arrive no earlier than ten (10) to fifteen (15) minutes prior to the scheduled start. Last-party start times for standard parties are 6:30 PM Monday through Saturday and 4:30 PM Sunday, set so that the standard one (1) hour and thirty (30) minute party concludes within Facility operating hours under Section 4.5. Last-party start times for Private Parties are set so the standard two (2) hour duration concludes within Facility operating hours, except where a time extension is purchased as described in this Section. For pricing and package framing purposes, “Weekday” means Monday through Thursday and “Weekend” means Friday through Sunday, consistent with how Kidiverse party packages are framed; these labels are commercial designations used in package pricing and do not modify the hours of operation in Section 4.5. Time extensions for Private Parties, and for similar exclusive events that close the Facility to the general public, may extend Facility operating hours by up to one (1) hour past the closing time stated in Section 4.5, subject to availability and to an extension fee communicated at the time of the request; for example, a Private Party on a Saturday may, with an extension, run until 10:00 PM in place of the standard 9:00 PM closing, and a Private Party on a Sunday may, with an extension, run until 8:00 PM. Time extensions for standard birthday parties may also be available where Facility operating hours permit, but standard parties may not extend Facility operating hours past the closing time stated in Section 4.5. Time extensions are granted at the sole discretion of Kidiverse management and are not guaranteed under any circumstances.
Each booking includes a private party room and a dedicated party host. Walk-in guests use general play areas only. Your host will set up the room, manage event flow, escort guests, and clean up following the event. Pizza orders are placed the night before and cannot be changed on the day of the event. Kidiverse will contact you two (2) days prior to confirm your final headcount and any add-on orders.
If a party time extension is available, the extension fee will be communicated at the time of the request. Extensions are granted at the sole discretion of Kidiverse management and are not guaranteed under any circumstances.
Character appearances and outside entertainment offered through Kidiverse are arranged exclusively through vendors participating in the Kidiverse Vendor Program under Section 6.14. All event-specific information required by the vendor, including character selection, themes, costume preferences, performance windows, special requests, and similar details, is collected on the Kidiverse booking platform at the time of selection and transmitted by Kidiverse to the vendor with whom Kidiverse has the active agreement for the selected service. The selected vendor is solely responsible for fulfillment of the service, and the commercial relationship between the booking parent or guardian and the vendor is governed by Section 6.14. Kidiverse reserves the right to approve or deny any outside entertainment arrangement at its sole discretion, and any outside entertainer not engaged through the Kidiverse Vendor Program requires prior written approval from Kidiverse and must comply with the insurance requirements in Section 6.14.
Where a booking Guest elects to use an outside vendor for character entertainment, photography, food service, decorations, or any other event service for which Kidiverse maintains a Kidiverse Vendor Program partner under Section 6.14, in lieu of the corresponding Vendor Program partner, the booking Guest is responsible for an Outside Vendor Coordination Fee in the amount of two hundred fifty dollars ($250) per outside vendor engaged in connection with the booking. The Outside Vendor Coordination Fee is in addition to any other amounts due in connection with the booking and is payable at the time the outside vendor is approved by Kidiverse under Section 6.9.
The Outside Vendor Coordination Fee reflects the actual costs and risks Kidiverse incurs when approving and accommodating a vendor that is not part of the curated Kidiverse Vendor Program. These costs and risks include, without limitation, (i) review and verification of the outside vendor’s commercial general liability insurance, additional insured endorsement, and Certificate of Insurance; (ii) review of the outside vendor’s compliance with applicable food safety and licensing requirements and the Kidiverse health, safety, and conduct policies; (iii) on-site coordination, supervision, and oversight of a vendor with whom Kidiverse does not have an active service agreement; (iv) administrative overhead associated with onboarding, scheduling, and incident response for an unvetted third party; and (v) the loss of the commercial benefit Kidiverse would have realized from the corresponding Kidiverse Vendor Program partner had that partner been engaged.
Kidiverse may waive or reduce the Outside Vendor Coordination Fee at its sole discretion, including without limitation where the corresponding Kidiverse Vendor Program partner is unavailable on the requested date, is unable to deliver the requested service, has been terminated from the Vendor Program, or has otherwise been unable to perform; where Kidiverse does not maintain a Vendor Program partner in the relevant category; or where other circumstances make application of the fee inequitable in Kidiverse’s reasonable judgment. The Outside Vendor Coordination Fee does not apply to (a) cakes or other baked goods brought into the Facility by the booking Guest or the booking Guest’s personal guests for the Guest’s own event, (b) outside food and beverage permitted under Section 5, or (c) any vendor or service that does not fall within a category for which a Kidiverse Vendor Program partner is maintained. Acceptance of an outside vendor by Kidiverse under Section 6.9 remains subject to the prior written approval, insurance, and compliance requirements in Section 6.9 and Section 6.14, and payment of the Outside Vendor Coordination Fee does not waive any of those requirements.
The parent or guardian of the guest of honor must remain at the Facility for the duration of the party. The reserving parent accepts full responsibility for supervision of any children dropped off by other parents during the event.
Each confirmed Birthday Party or Private Party booking includes access to a Party Profile Form, which the booking parent or guardian is invited to complete in advance to help Kidiverse personalize the event. The Party Profile Form collects information about the celebrant child, the expected guest group, the catering order where Chef Nylah is providing catering under Section 6.12, vendor selections under Section 6.14, photography preferences, and similar event-personalization details. Completion of the Party Profile Form is not a condition of the booking. Information submitted through the form is used solely to deliver the booked event and to coordinate with event vendors, is governed by the Kidiverse Privacy Policy, and is held to the protections described in Section 3 of the Privacy Policy where it relates to a minor child. The booking parent or guardian is responsible for the accuracy of information submitted through the form, including any information submitted about other children expected to attend, and represents that they have the authority to submit such information for the limited purposes described in the Privacy Policy.
Kidiverse has engaged Chef Nylah / Nylah Inc. ("Chef Nylah") as its exclusive catering partner for hot food at Birthday Parties and Private Parties. Chef Nylah does not provide cake, and cake orders are not handled through this Section. Cake is provided exclusively through a separate cake vendor participating in the Kidiverse Vendor Program under Section 6.14.
Where the booking parent or guardian elects to use Chef Nylah for catering through the Party Profile Form or at the time of booking, Kidiverse collects the relevant catering details on its booking platform, including dish selections, flavor and dietary preferences, allergy restrictions, guest count, and the booking parent or guardian’s contact information, and transmits those details to Chef Nylah by email. From that point forward, Chef Nylah is solely responsible for facilitating all communication with the booking parent or guardian and for fulfilling the catering order, including order confirmation, scheduling, preparation, delivery, on-site setup, and any post-order follow-up.
The booking parent or guardian pays Chef Nylah directly for the catering order. Kidiverse does not collect, process, or hold payment for the catering order, does not act as the merchant of record for the catering order, and is not party to the contract between the booking parent or guardian and Chef Nylah. Chef Nylah is solely responsible for any shortcoming in the fulfillment of the catering order, including order accuracy, food quality, food safety, timeliness, dietary or allergy compliance, and any other aspect of the service. Any dispute, complaint, refund, or claim relating to the catering order is between the booking parent or guardian and Chef Nylah, and Kidiverse will not investigate, mediate, follow up on, or otherwise become involved in resolving the dispute. Kidiverse will not respond to inquiries on behalf of Chef Nylah and will not follow up with the customer to confirm or ensure that the catering service is facilitated.
Chef Nylah operates under a written agreement with Kidiverse that requires compliance with these Terms, including the on-premises food and beverage rules in Section 5 and the insurance requirements in Section 6.14. Section 5.2 (Food and Beverage Liability for Guest-Provided and Third-Party Food) governs Kidiverse’s liability with respect to all food and beverages supplied by Chef Nylah and any other third-party food vendor. Where the booking parent or guardian instead elects to bring catering from a source of their own choosing, the food and beverage rules in Section 5.1 apply, and the booking parent or guardian bears full responsibility for the items and their ingredients under Section 5.2. Sharing of personal information with Chef Nylah is further governed by Section 6.1 of the Kidiverse Privacy Policy.
Kidiverse has engaged Rogue Cinematography LLC ("Rogue"), a wholly owned subsidiary of The Projekt LLC, as its exclusive partner for in-house photography and videography services at the Facility. Where the booking parent or guardian elects to use Rogue’s photography or videography service through the Party Profile Form or at the time of booking, Kidiverse collects the relevant service details on its booking platform, including the celebrant child’s name, age, party theme, designated peak moments to capture, photography and videography preferences, and the booking parent or guardian’s contact information, and transmits those details to Rogue by email. From that point forward, Rogue is solely responsible for facilitating all communication with the booking parent or guardian and for fulfilling the photography or videography service, including scheduling, on-site capture, post-production, delivery of final media, and any post-service follow-up.
The booking parent or guardian pays Rogue directly for the photography or videography service. Kidiverse does not collect, process, or hold payment for the service, does not act as the merchant of record for the service, and is not party to the contract between the booking parent or guardian and Rogue. Rogue is solely responsible for any shortcoming in the fulfillment of the service, including image and video quality, timeliness, scope of coverage, delivery, and any other aspect of the service. Any dispute, complaint, refund, or claim relating to the photography or videography service is between the booking parent or guardian and Rogue, and Kidiverse will not investigate, mediate, follow up on, or otherwise become involved in resolving the dispute. Kidiverse will not respond to inquiries on behalf of Rogue and will not follow up with the customer to confirm or ensure that the service is facilitated.
Where a booking parent or guardian instead elects to engage a private photographer or videographer of their own choosing, that engagement is between the booking parent and the engaged party, is not coordinated by Kidiverse, and Section 11 of the Waiver continues to govern incidental capture of other Guests in the background of such photography. Sharing of personal information with Rogue is further governed by Section 2.7 and Section 6.1 of the Kidiverse Privacy Policy.
Kidiverse operates the Kidiverse Vendor Program, a curated program of third-party event vendors that appear inside the Kidiverse booking checkout flow as add-on selections for Birthday Parties, Private Parties, and other scheduled events. Vendor categories include, without limitation, cake vendor, face painter, balloon character maker, character vendor, and DJ, and Kidiverse reserves the right to add or remove categories from time to time. Each category is occupied by a single exclusive vendor, so that a vendor selected for the Vendor Program is the only vendor presented to Guests in that category at checkout and faces no competition from other vendors in the same niche through the Kidiverse platform.
Each participating vendor enters into a written agreement with Kidiverse. Under that agreement, when a Guest selects the vendor’s service at checkout, Kidiverse sends the resulting lead to the vendor and the vendor may, in its discretion, accept or decline the lead. Acceptance and decline events are recorded in the Kidiverse system. Each accepted lead is tracked by Kidiverse for the purpose of monthly billing. At the end of each calendar month, Kidiverse invoices the vendor for ten percent (10%) of the total customer-facing value of all leads accepted by the vendor during that month, calculated against the menu and price sheet the vendor has provided to Kidiverse. The ten percent (10%) rate may be adjusted by Kidiverse from time to time based on volume, vendor performance, and other factors, on prior written notice to the vendor as required by the vendor agreement.
All participating vendors must comply with these Terms, the Kidiverse Waiver, the Kidiverse Privacy Policy, and all applicable food safety, licensing, and consumer protection laws. Each participating vendor must maintain commercial general liability insurance of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate, must name Kidiverse LLC as an additional insured on that policy, and must provide a current Certificate of Insurance to Kidiverse on request. Kidiverse reserves the right to refuse entry to, or require the departure of, any vendor that has not provided current proof of insurance or that is not in good standing under its vendor agreement.
Each participating vendor is solely responsible for the fulfillment of its independent service, including all communication with the customer, scheduling, on-site delivery, quality, safety, and any post-service follow-up. The booking parent or guardian pays the participating vendor directly for the selected service. Kidiverse does not collect, process, or hold payment for the vendor’s service, is not the merchant of record for the service, and is not party to the contract between the booking parent or guardian and the vendor. Kidiverse will not answer questions on behalf of any participating vendor, will not follow up with the customer to confirm or ensure that the service is facilitated, and will not be involved in any way in the fulfillment of the vendor’s service. Any dispute, complaint, refund, or claim relating to a vendor service is between the booking parent or guardian and the vendor.
A participating vendor scheduled to perform a service at the Facility must notify Kidiverse in advance of the event date and arrival window, so that Kidiverse can support the vendor’s entry into the Facility. On-site, Kidiverse provides the vendor with reasonable space to perform the selected service and does not supply equipment, materials, supplies, costumes, food, sound equipment, lighting, or any other resource needed to fulfill the service. The vendor is responsible for transporting, setting up, operating, and removing all equipment and materials needed to fulfill the service, and for leaving the Facility in the condition in which it was received.
Chef Nylah, as the exclusive catering vendor under Section 6.12, and Rogue, as the exclusive photography and videography vendor under Section 6.13, operate under the same vendor-direct fulfillment and customer-direct payment model described in this Section, in addition to the specific provisions of Sections 6.12 and 6.13. Kidiverse reserves the right to terminate any vendor’s participation in the Kidiverse Vendor Program at its sole discretion under the terms of the applicable vendor agreement.
Kidiverse offers educational and physical classes drawing on gymnastics, parkour, rock climbing, rope courses, obstacle training, pottery, painting, and related disciplines. Classes typically run thirty (30) to forty-five (45) minutes. Standard class materials are included in the class fee. Open play admission is a separate charge and is not included with class enrollment.
Classes are offered at two price points: (a) Single Drop-in Class at $15.00 per student per session, paid per class with no further commitment; and (b) Full Session at $55.00 per student, covering four (4) consecutive weekly classes (a savings of $5.00 from the single-class rate). The Full Session fee is paid in advance at the time of enrollment and covers a fixed four-class block. Pricing is subject to change. The price in effect at the time of booking governs. Guests enrolled in an active Kidiverse Membership receive class admission as a benefit of Membership and are not charged a separate class fee at the time of booking; the Membership benefit applies to both Single Drop-in Classes and Full Sessions, subject to the booking window requirements in Section 7.4 and the cancellation provisions in Section 7.5. The Membership-included class benefit is described further in Section 10 (Memberships).
Kidiverse classes run when a minimum of ten (10) students are enrolled. To support this minimum-based model, payment for Single Drop-in Classes is processed as a pre-authorization hold rather than an immediate charge. When you enroll in a Single Drop-in Class, Kidiverse authorizes a hold on your payment card in the amount of the class fee. The hold is converted into a charge only when the class reaches the ten-student minimum and is confirmed to run. If the minimum is not met by forty-eight (48) hours before the scheduled class start time, Kidiverse will release the pre-authorization hold and no charge will be processed. Funds held under a pre-authorization will be released back to your account by your card issuer, typically within three (3) to seven (7) business days, depending on the issuer’s release timing, which Kidiverse does not control. Full Session enrollments are charged in full at the time of booking and are not processed as a pre-authorization hold; refund and rescheduling terms for Full Sessions are governed by Section 7.5 of these Terms.
Kidiverse may also cancel or reschedule classes due to instructor unavailability or other operational circumstances. Where practicable, advance notice will be provided. In the event of a Kidiverse-initiated cancellation: (a) for Single Drop-in Classes, any pre-authorization hold will be released and no charge will be processed, or where a charge has already been processed, the fee will be refunded or credited toward a future class at the Guest’s election; and (b) for Full Sessions, the missed class will be added to the end of the Session at no additional charge, or the Guest may elect to receive a prorated refund equal to one-quarter (1/4) of the Full Session fee.
Single Drop-in Classes must be booked at least forty-eight (48) hours in advance of the class start time. Full Sessions must be booked at least seven (7) calendar days before the Session start date in order to secure a place. Walk-in class registration is not available. The booking requirements in this Section apply equally to Members and non-Members; Members must complete a class booking through the Kidiverse booking platform in order to register for a class, notwithstanding that the Membership benefit covers the class fee. Booking is required so that Kidiverse can confirm the class minimum under Section 7.3, prepare class materials and supplies in advance, and confirm staffing for the session.
Single Drop-in Class cancellations made by the Guest at least twenty-four (24) hours before the class start time will be refunded or credited at the Guest’s election. Cancellations made within twenty-four (24) hours of the class start time will result in forfeiture of the class fee, except that the Guest may, in lieu of forfeiture, elect to apply the forfeited fee as credit toward a future Single Drop-in Class within three (3) months of the original class date, subject to availability. Full Session enrollments cancelled by the Guest at least seven (7) calendar days before the Session start date will be refunded in full. Cancellations made within seven (7) calendar days of the Session start date will result in forfeiture of the Full Session fee, except that the Guest may, in lieu of forfeiture, elect to apply the forfeited fee as credit toward a future Full Session beginning within three (3) months of the original Session start date, subject to availability. Once a Full Session has begun, no refunds will be issued for classes missed by the Guest; at Kidiverse’s sole discretion, a missed Full Session class may be applied as credit toward a future class of equal value.
All standard class materials, including pottery, paint, canvas, and similar supplies as applicable to the class type, are provided by Kidiverse and included in the class fee. Guests are responsible for the willful, negligent, or reckless damage of class materials, equipment, or finished works belonging to other students, in accordance with the property damage terms set forth in the Kidiverse Waiver and in Section 2.4 of these Terms.
Kidiverse operates a Class Referral Program that rewards Guests for inviting friends to enroll in classes. The current program structure provides: (a) a ten percent (10%) discount to friends who book a class using a referring Guest’s invite link; (b) a twenty percent (20%) discount applied to the referring Guest’s next class booking when three (3) friends complete a paid class booking within thirty (30) calendar days of the invite; and (c) incremental progress toward the twenty percent (20%) reward for each friend who completes a booking before reaching the three-friend threshold.
The following terms apply to the Class Referral Program: (i) a “completed booking” means a fully paid class enrollment that has not been cancelled, refunded, or charged back as of the date the referring Guest seeks to redeem the reward; (ii) if a referred friend cancels, refunds, or chargebacks their booking after the referring Guest has redeemed a partial or full referral reward, Kidiverse reserves the right to revoke the corresponding discount and adjust the referring Guest’s account balance accordingly; (iii) the twenty percent (20%) discount, once earned, applies to the referring Guest’s next single class or Full Session booking and must be redeemed within ninety (90) calendar days of being earned; unredeemed rewards expire after this period; (iv) referral discounts may not be combined with other promotions, weekly deals, Membership benefits, or fundraiser pricing unless explicitly stated by Kidiverse; (v) Kidiverse reserves the right to modify, suspend, or discontinue the Class Referral Program at any time, without liability, provided that changes will not affect rewards already earned and within their redemption window; and (vi) personal information about Guests and referred friends collected through the Class Referral Program is processed in accordance with the Kidiverse Privacy Policy.
Kidiverse may from time to time announce experimental, pre-launch, or proposed Services and invite Guests to register interest, join a waitlist, or sign up to be notified when a Service becomes available. Examples include, without limitation, overnight or sleepover experiences and any other Service identified as “coming soon,” “experimental,” or similar. By submitting your email address or other contact information through any such waitlist, interest list, or pre-launch signup, you acknowledge and agree that: (a) the Service is not currently available and may never become available; (b) signing up creates no contractual obligation, reservation, booking, or guarantee of access; (c) any numerical thresholds, counters, or progress indicators displayed alongside the signup (e.g., “X of Y families needed”) are marketing indicators only and do not constitute a binding commitment by Kidiverse to launch the Service upon reaching any threshold; (d) Kidiverse may discontinue, modify, delay, or decline to launch any experimental Service at any time, without liability; and (e) the contact information submitted will be used to notify you if and when the Service launches and may also be used for general Kidiverse marketing communications in accordance with the Kidiverse Privacy Policy. You may opt out of future marketing communications at any time using the unsubscribe link in any email or by contacting info@ourkidiverse.com.
Field trip bookings are available for groups of ten (10) or more from schools, day care centers, camps, clubs, and other established programs. Field trips must be reserved in advance by an authorized representative of a business entity with a valid Tax ID number. Payment must be made by the business owner or authorized operator. Accepted payment methods for field trip bookings are cash, Visa, MasterCard, American Express, and Discover. Personal checks are not accepted, except that checks drawn on the accounts of schools, school districts, or accredited educational programs may be accepted for day-of payment of field trip bookings at Kidiverse’s sole discretion, subject to the School Check Approval procedure in Section 8.1. Field trip groups may bring outside food, including bagged lunches and food provided by third-party vendors, subject to the food and beverage liability terms in Section 5.2.
The booking organization accepts full responsibility and liability for all participants in the group, including supervision of all children during their visit, compliance with Facility rules by all group members, and any conduct by group members that causes damage or injury at the Facility. By completing a field trip booking, the organization's authorized representative confirms this acceptance of liability on behalf of the organization. The booking organization shall, upon Kidiverse’s request, provide a current Certificate of Insurance evidencing commercial general liability coverage of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate, naming Kidiverse LLC as an additional insured for the date of the field trip. Where the booking organization is a public school district or other governmental entity that cannot name third parties as additional insured under its insurance program, the organization shall instead provide a letter on official letterhead confirming current commercial general liability coverage in the amounts stated above and the policy term covering the date of the visit. Kidiverse reserves the right to require the Certificate of Insurance or coverage letter prior to the visit and to decline entry to any field trip group that has not provided the requested documentation.
Waiver Requirement for Every Field Trip Participant. Every individual attending a field trip, without exception, must have a current, signed Kidiverse Waiver on file and linked to the field trip event identifier prior to entry. This requirement applies to every child in the group, every chaperoning adult, every teacher or staff member from the booking organization, and every other person entering the Facility as part of the field trip. The booking organization is responsible for ensuring that the parent or legal guardian of each minor participant has signed a Kidiverse Waiver covering the participating child and that the Waiver is linked to the field trip event identifier in advance of the visit. Kidiverse will deny entry, at the time of arrival and without refund or rescheduling obligation, to any field trip participant who does not have a current signed Waiver linked to the field trip event identifier. The booking organization remains responsible for the full booking price regardless of any participant denied entry under this Section.
Field Trip Cancellation, Rescheduling, and Headcount Adjustments. A field trip booking is confirmed by a non-refundable booking deposit equal to twenty-five percent (25%) of the estimated total, due at the time of booking, except as expressly modified for School Check Approved bookings below. A booking deposit is required for every field trip booking other than a field trip booking that has received School Check Approval under Section 8.1, consistent with Kidiverse’s general practice of requiring a deposit for every Service other than open play admission, which is paid in full at the point of entry. The remaining balance is invoiced based on the confirmed headcount and is due no later than five (5) business days before the visit date. School Check Approval Exception. For field trip bookings that have received School Check Approval under Section 8.1, no upfront booking deposit is required, and the full booking amount is payable by an approved school account check on the day of the visit. School Check Approved field trip bookings are the only field trip bookings, and the only Kidiverse bookings of any kind, for which payment by check is accepted, consistent with the general payment policy in Sections 6.2 and 17. School Check Approval is granted by Kidiverse in its sole discretion, on a per-booking basis, at the time of booking. Approval is not automatic. The procedure for requesting School Check Approval, the criteria Kidiverse may consider, and the verification requirements applicable to approved bookings are set forth in Section 8.1. Where School Check Approval is not granted, the standard field trip payment terms apply, including the twenty-five percent (25%) non-refundable booking deposit at booking and the balance due five (5) business days before the visit date. Cancellation tiers for field trips are as follows: (a) thirty (30) or more calendar days before the visit, the booking deposit may be applied to a rescheduled visit date within six (6) months of the original visit date; (b) fifteen (15) to twenty-nine (29) calendar days before the visit, the booking deposit is forfeited and any additional amounts paid above the deposit are refundable on request; (c) seven (7) to fourteen (14) calendar days before the visit, fifty percent (50%) of the invoiced amount is forfeited; (d) less than seven (7) calendar days before the visit, one hundred percent (100%) of the invoiced amount is forfeited; and (e) for a no-show or failure to cancel before the scheduled arrival time, one hundred percent (100%) of the invoiced amount is forfeited and the booking organization remains obligated to pay any unpaid balance. For School Check Approved field trip bookings, since no amounts have been pre-paid, any amount forfeited under the tiers above becomes an invoice owed by the booking organization, payable by the approved school account check or by another payment method permitted under Section 17; Kidiverse may, in its sole discretion, waive or reduce cancellation fees for School Check Approved cancellations caused by district-level closures, weather, public health directives, or other circumstances outside the school’s reasonable control. Headcount may be revised downward without penalty no later than ten (10) calendar days before the visit; downward revisions less than ten (10) days before the visit are subject to the cancellation tiers above as applied to the reduced headcount. Inclement weather, school closures ordered by the booking organization, and other force majeure events are handled individually under Section 18 and do not count as standard cancellations. Rescheduled field trip dates must fall within six (6) months of the original visit date. Kidiverse-initiated cancellations of a field trip booking, including those caused by Facility closure for an exclusive private event under Section 4.5, result in a full refund of amounts paid by the booking organization or, at the booking organization’s election, an applied credit toward a rescheduled visit date.
Where the booking organization is a public or private school, school district, day care center, or other entity that collects or maintains student records subject to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. 1232g, or any analogous Florida or other state student privacy law, the booking organization is responsible for ensuring that its disclosure of student personally identifiable information to Kidiverse in connection with the field trip complies with FERPA and any applicable state law, including any parental notice, consent, or directory information designation required for the disclosure. Kidiverse is not a FERPA-covered entity, does not collect personally identifiable information directly from students at the Facility, and will use any student-related information shared by the booking organization solely to deliver the field trip and to maintain accurate occupancy, supervision, and emergency contact records for the visit. Student-related information shared by the booking organization will not be used by Kidiverse for marketing purposes and will be retained for the period described in Section 7 of the Privacy Policy.
School Check Approval is the procedure by which Kidiverse grants a school, school district, or accredited educational program the right to pay for a field trip booking by check on the day of the visit, with no upfront booking deposit, as described in Section 8. School Check Approval is granted at Kidiverse’s sole discretion, on a per-booking basis, at the time of booking, and is not automatic. To request School Check Approval, the booking organization must, at the time of booking: (a) identify the specific school, school district, or accredited educational program making the booking; (b) provide the name, title, and institutional contact information of the authorized staff member coordinating the field trip; (c) provide a purchase order number associated with the field trip where one has been issued through the school’s procurement process, or, where no purchase order has been issued, provide written confirmation from the authorized staff member that the booking is approved by the school’s administration; and (d) provide the school’s tax identification number, billing address, and the institutional account on which the check will be drawn. In evaluating a request for School Check Approval, Kidiverse may consider, without limitation: (i) whether the school or program is an accredited institution in good standing with applicable state or accrediting authorities; (ii) the school’s payment history with Kidiverse on prior bookings, if any; (iii) the size, duration, and total cost of the requested field trip booking; (iv) whether the booking is supported by a purchase order or written administrative approval from the school; (v) the geographic location of the school and the practical feasibility of pursuing collection on a dishonored check; and (vi) any other factor Kidiverse, in its reasonable business judgment, considers material to the credit risk of accepting a check from the booking organization. Where School Check Approval is granted, the booking is governed by the School Check Approval Exception in Section 8, including the obligation of the booking organization to deliver a valid, fully completed school account check in the amount due, made payable to Kidiverse LLC, on the day of the visit before the field trip begins. Where School Check Approval is denied, withdrawn, or not requested, the standard field trip payment terms in Section 8 apply, including the twenty-five percent (25%) non-refundable booking deposit at booking and the balance due five (5) business days before the visit date. Where a purchase order has not yet been issued at the time of booking but is expected, Kidiverse may, in its reasonable discretion, accept the booking on a provisional basis and require the purchase order number, or written administrative approval in lieu of a purchase order, before the visit date. Kidiverse reserves the right to confirm the booking and the authorized staff member directly with the school’s main administrative office, using contact information from the institution’s publicly available directory or independently verified sources, before applying School Check Approval. Where verification cannot be completed to Kidiverse’s reasonable satisfaction, School Check Approval will not be granted and the standard field trip payment terms apply. Kidiverse may withdraw a previously granted School Check Approval at any time before the visit date if Kidiverse becomes aware of facts that, in its reasonable business judgment, would have caused it to deny the request initially. In the event of a withdrawn approval, Kidiverse will provide written notice to the booking organization and the standard field trip payment terms will apply on a prospective basis, with any payments already made under the prior approval credited toward the balance due. In the event a school account check delivered under a School Check Approval is dishonored for any reason, the booking organization is liable for the full balance due plus a returned check fee of fifty dollars ($50) and any additional collection costs Kidiverse reasonably incurs, and Kidiverse may, in its sole discretion, decline future School Check Approval requests from the same booking organization for a period of up to twenty-four (24) months.
Kidiverse gift cards are available for purchase in person or at www.ourkidiverse.com/gift-card. Gift cards may be used toward admission, classes, party bookings, and other Kidiverse purchases. Gift cards are non-refundable, carry no cash equivalent value, and do not accrue interest. Kidiverse is not responsible for lost or stolen gift cards and cannot replace them without proof of original purchase. Expiration dates on gift cards, if any, will comply with applicable Florida law.
The Kidiverse Membership is a recurring monthly subscription at $59.99 per month and includes: unlimited playground visits during open play; priority entry during high-demand periods; 10% off the base price of MultiVerse or OmniVerse birthday party packages (base price only, excludes add-ons, requires 3 consecutive months of active membership before discount applies); class admission to Kidiverse-organized classes and events at no additional charge at the time of booking, subject to the booking requirements in Section 7.4 (Members must still complete the class booking through the Kidiverse booking platform so that Kidiverse can confirm the class minimum, prepare materials, and confirm staffing; walk-in class registration is not available to Members or non-Members); and one (1) pair of complimentary Kidiverse non-skid socks per enrolled child on the Membership at the time of sign-up. The complimentary socks benefit is provided for the child member only and does not extend to adult Members, parent or guardian accompaniers, additional adult admissions, or siblings not enrolled on the Membership. Adults must purchase or bring their own Kidiverse socks in accordance with Section 4.4. Members may save 30% by paying for a full year upfront.
Membership fees are charged on a recurring monthly basis through the payment method enrolled at the time of sign-up. It is your responsibility to keep your payment information current through the Kidiverse booking platform accessible from the Kidiverse website at www.ourkidiverse.com. In the event of a failed payment, Kidiverse reserves the right to suspend membership access immediately until the outstanding balance is resolved. A failed payment does not constitute cancellation of the membership obligation.
AUTOMATIC RENEWAL DISCLOSURE (FLORIDA STATUTES § 501.165). By enrolling in a Kidiverse Membership, you acknowledge and agree that: (a) your Membership will automatically renew on a recurring basis at the then-current Membership rate until you cancel; (b) the renewal will be charged to the payment method on file without further notice unless required by law; (c) the renewal amount and billing frequency are stated at the time of enrollment and within these Terms; and (d) you may cancel at any time in accordance with Section 10.3 of these Terms. Kidiverse will provide notice of any material change to Membership pricing or renewal terms at least thirty (30) days in advance of the change taking effect, by email or through the Kidiverse booking platform. As a recurring-billing Service, Membership enrollment is also subject to the Universal Auto-Renewal Acknowledgment Requirement in Section 17.1 of these Terms; no Membership enrollment is finalized, and no charge for a Membership is processed, until the Guest has affirmatively checked the Auto-Renewal Acknowledgment described in Section 17.1.
Annual prepay memberships are non-refundable after the first thirty (30) days from the date of purchase. If you cancel an annual membership after the 30-day period, no partial refund will be issued for the remaining months unless required by applicable Florida consumer protection law.
Monthly memberships may be cancelled at any time. Cancellations must be submitted through the Kidiverse booking platform or in writing to info@ourkidiverse.com. To take effect for the next upcoming billing cycle, a cancellation must be received by Kidiverse at least three (3) business days before that billing cycle’s scheduled charge date. Cancellations received within three (3) business days of the scheduled charge date will take effect for the billing cycle following the next one, and the next scheduled charge will be processed as normal. Kidiverse does not issue refunds for partially elapsed Membership periods. Upon cancellation, Membership access continues through the end of the paid period.
Kidiverse reserves the right to suspend or terminate any membership without refund for violation of these Terms, failure to comply with Facility rules, or conduct that poses a risk to the safety of Guests or staff.
Kidiverse reserves the right to modify membership pricing, benefits, or inclusions at any time. Active members will be provided reasonable advance notice of material changes. Continued use of membership benefits following notice of changes constitutes acceptance of the modified terms.
Kidiverse operates a digital loyalty program that may be accessed through the Facility booking and check-in system. Loyalty points, rewards, and redemption values are determined by Kidiverse at its sole discretion and are subject to change at any time. Loyalty program benefits carry no cash value and may not be transferred or combined with other promotions unless explicitly stated. Kidiverse reserves the right to modify, suspend, or discontinue the loyalty program at any time without liability. Detailed terms governing the loyalty program will be made available within the booking and check-in platform.
Kidiverse provides an online booking and digital check-in system for reservation management, payment processing, QR code-based entry verification, digital waiver completion, and related functions. By using the booking system, you agree to the following:
Electronic submission of any waiver or agreement through the booking system constitutes a legally binding signature under the Florida Electronic Signatures Act, Chapter 668, Florida Statutes.
Guests may access a personal dashboard through the Kidiverse booking platform to view past transactions, manage upcoming bookings, edit reservation details for parties, field trips, classes, and other applicable Services, manage Membership information, update profile and contact data, and access support. The dashboard is provided as an operational convenience and is not a substitute for these Terms. By using the dashboard, you agree that: (a) you are responsible for maintaining the security of your account credentials and for all activity that occurs under your account; (b) you are responsible for the accuracy and currency of the information in your profile; (c) edits and changes made through the dashboard are tracked in an audit log retained by Kidiverse for operational, dispute, and legal purposes; (d) Kidiverse may suspend or terminate dashboard access where account activity violates these Terms or where Kidiverse reasonably believes the account has been compromised; and (e) where a Guest is banned under Section 4.1, dashboard access associated with that Guest may be suspended or terminated without refund.
For purposes of the cancellation, rescheduling, and refund provisions in these Terms (including Sections 6.4, 7.5, 8, and 10.3), and specifically including the field trip cancellation framework in Section 8, the effective date and time of any cancellation, edit, or modification is the date and time on which Kidiverse successfully receives and confirms the action, not the date and time the Guest attempts the action. Successful receipt and confirmation is evidenced by an email confirmation, an in-dashboard confirmation message, or a staff acknowledgment via phone or chat. If a Guest does not receive a confirmation within a reasonable time after attempting a cancellation, edit, or modification through the dashboard, the Guest is responsible for following up through the alternative channels available on the dashboard, including phone, chat, or email to info@ourkidiverse.com. Kidiverse is not responsible for technical failures, network errors, or other issues that prevent successful submission of a dashboard action, and such failures do not extend the cancellation, rescheduling, or refund windows set forth in these Terms. The Guest is responsible for verifying that any cancellation, edit, or modification has been successfully received and confirmed by Kidiverse prior to relying on it.
Kidiverse offers weekly deals available at www.ourkidiverse.com/weekly-deals. All deals are opt-in and must be specifically requested at the time of your visit. Deals are not applied automatically and cannot be applied retroactively. Deals may not be combined with other promotions or membership benefits unless explicitly stated. Kidiverse reserves the right to modify or discontinue any deal at any time.
Military Monday: Active duty military members receive 10% off walk-in admissions. Valid military identification is required at the time of purchase.
Fundraiser Program: Organizations seeking to partner with Kidiverse on a fundraising event may contact info@ourkidiverse.com. Under the standard program, Kidiverse donates 25% of proceeds from participants presenting an approved organization flyer. Specific fundraiser terms are subject to a separate written agreement.
The Kidiverse website at www.ourkidiverse.com is provided for informational and booking purposes. You agree not to use the website for any unlawful purpose, to interfere with the site's operation, or to attempt unauthorized access to any portion of the site. Kidiverse provides complimentary Wi-Fi at the Facility for Guest convenience. Use of the Wi-Fi network is at your own risk. Kidiverse makes no representations regarding network speed, security, or reliability, and is not liable for any loss resulting from Wi-Fi use.
Third-party links on our website lead to sites outside our control. Kidiverse is not responsible for the content or privacy practices of any third-party site.
Website Accessibility
Kidiverse is committed to maintaining a website that is reasonably accessible to Guests with disabilities. We work to align the design and operation of www.ourkidiverse.com with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard published by the World Wide Web Consortium, recognizing that conformance is an ongoing process rather than a single milestone. If you experience difficulty accessing any portion of our website, would like to report an accessibility issue, or would like to request information in an alternative format, please contact us at info@ourkidiverse.com or (321) 441-4898 and we will work in good faith to provide the requested information or assistance through a reasonable alternative means.
All content on the Kidiverse website and within the Facility, including the name Kidiverse, all logos, brand marks, photography, graphic designs, written content, and website code, is the property of Kidiverse LLC and is protected by applicable United States copyright, trademark, and intellectual property law. You may not reproduce, distribute, modify, display, or use any Kidiverse content for commercial purposes without prior written consent.
User-generated content submitted to Kidiverse falls into three categories, each governed by its own consent and licensing terms. (a) Content submitted through the Kidiverse Review Prompt described in Section 16 is governed by the specific consent the Guest provides on the review prompt screen at the time of submission. (b) Content submitted directly to Kidiverse through private channels, including email, direct message, printed feedback forms, or other Kidiverse intake forms, is treated as private feedback and will not be used in Kidiverse marketing materials without the Guest’s separate written confirmation, which may be given by reply email or by checking a consent box on a feedback form, and which may be limited to specific uses (e.g., website only, social media only) at the submitter’s election. (c) Reviews left publicly on third-party platforms not through the Kidiverse Review Prompt, including Google, Facebook, Yelp, Tripadvisor, or similar platforms, remain subject to the terms of the platform on which they are posted; Kidiverse may, consistent with the practices commonly understood by businesses and consumers on those platforms, share, link to, repost, or quote a brief excerpt of the public review on Kidiverse marketing channels with attribution limited to first name and last initial and the source platform. For any use of a third-party platform review that goes beyond a brief attributed excerpt, including featuring the review in a paid advertising campaign, a printed marketing piece, or a sustained creative campaign, Kidiverse will obtain the reviewer’s separate written consent before publication. A reviewer may, at any time, request that Kidiverse stop using a specific review in Kidiverse marketing by contacting info@ourkidiverse.com; Kidiverse will discontinue prospective use of the identified review within a reasonable time, recognizing that prior placements in printed materials, archived posts, and similar historical placements may not be fully recoverable.
Operational uploads submitted through Kidiverse booking forms or planning forms, including cake inspiration photographs uploaded through the Party Profile Form to inform the design of a cake order, are treated as operational data rather than marketing user-generated content. These uploads are used solely to fulfill the related booking, are not covered by the marketing license described above, and will not be published on Kidiverse’s social media accounts or used in Kidiverse marketing materials without the Guest’s separate written consent. The Guest who submits an operational upload represents that they own the upload or have the right to share it with Kidiverse and any related event vendor, and that the upload does not infringe any third party’s copyright, trademark, or other intellectual property right. Kidiverse may forward operational uploads to the third-party vendor responsible for fulfilling the related order (for example, the cake bakery) for the limited purpose of completing the order, as further described in the Kidiverse Privacy Policy.
At the conclusion of an open play visit, party, membership-related event, class, field trip, or other Kidiverse Service, Guests may be presented with a review prompt screen (the “Kidiverse Review Prompt”) on the Kidiverse booking platform, on a Facility-provided tablet, or by email or SMS following the visit. The Kidiverse Review Prompt asks the Guest to rate their experience on a one-to-five star scale and offers a path to provide additional feedback. Use of the Kidiverse Review Prompt is voluntary. A Guest may decline to use the Kidiverse Review Prompt without affecting their access to the Service or any other Kidiverse offering.
Where a Guest selects a rating of fewer than four (4) stars on the Kidiverse Review Prompt, the Guest is invited to describe in a free-text field what went wrong with the visit or Service. Free-text feedback submitted on the under-four-star path is treated as private feedback and is delivered directly to a Kidiverse internal email address. Private feedback is used to investigate and resolve service issues, to communicate with the Guest about the concern raised, to improve operations, to inform staff training, and to maintain a record of the matter in connection with any related dispute, refund request, chargeback, or claim. Private feedback submitted on the under-four-star path will not be used in Kidiverse marketing materials, will not be published on the Kidiverse website or any Kidiverse social media account, and will not be used to build advertising audiences or run paid advertising campaigns, except where the Guest separately provides written consent for such use under Section 15 of these Terms. A Guest does not have the option to redirect under-four-star feedback to a public review platform through the Kidiverse Review Prompt; the Guest remains free to post a public review on Google, Facebook, Yelp, or any other platform of their choosing through that platform’s own channels, and Kidiverse will not interfere with the Guest’s right to do so. Use of private feedback is further governed by the Kidiverse Privacy Policy.
Where a Guest selects a rating of four (4) or five (5) stars on the Kidiverse Review Prompt, the Guest is invited to leave a public review on Google. The Kidiverse Review Prompt redirects the Guest to Kidiverse’s Google Business profile, where the Guest may write and post the review using their own Google account. The review is governed by Google’s terms and posts on Google’s platform under the Guest’s control. Kidiverse does not write, edit, or submit Google reviews on a Guest’s behalf and does not condition any Service, benefit, refund, or future booking on the Guest leaving a Google review or on the content of any review.
Before redirecting to Google, the Kidiverse Review Prompt presents a separate, unchecked-by-default consent checkbox asking the Guest to confirm whether Kidiverse may use the review the Guest is about to write, attributed to the Guest’s first name and last initial only, on Kidiverse marketing channels including the Kidiverse website, social media accounts, email newsletters, and in-Facility signage. The consent checkbox is independent of the Google redirect; whether the Guest checks the box or not, the Google review will still post on Google. By checking the consent box, the Guest grants Kidiverse a non-exclusive, royalty-free, revocable license to use the text of the Guest’s review, the star rating, and the Guest’s first name and last initial on the Kidiverse marketing channels described in this Section, without further compensation or attribution beyond what the consent checkbox permits. Kidiverse will not alter the substance of the review but may edit for length, and will not use the review in a way that misrepresents the Guest’s opinion of Kidiverse. The Guest may withdraw consent for future use of the specific review by emailing info@ourkidiverse.com; Kidiverse will discontinue prospective use within seven (7) business days after receiving the withdrawal request, recognizing that prior placements in printed materials, archived social media posts, and similar historical placements may not be fully recoverable. Where the Guest does not check the consent box, Section 15 governs Kidiverse’s ability to use the review as a publicly posted Google review.
By providing information to Kidiverse in connection with the Waiver, any booking, any membership, any class or program registration, or any other use of our Services, you acknowledge and agree that Kidiverse may use the information you provide for marketing, advertising, audience development, and outreach purposes. These uses may include personalized communications about Kidiverse products and programs, paid advertising on third-party platforms such as Meta and Google, the creation of custom and lookalike audiences for advertising purposes, retargeting through cookies and pixels, and campaign measurement and optimization. The full description of these data uses, the data categories involved, the special protections that apply to Minors, and the means by which you may opt out of specific communication channels or withdraw consent to underlying data uses are set out in Section 4 of the Kidiverse Privacy Policy.
This Section 17.1 establishes a universal acknowledgment requirement that applies to every Kidiverse Service that includes any form of recurring billing, automatic renewal, automatic charge, or any other recurring financial obligation, whether currently offered (including, without limitation, Memberships under Section 10) or introduced at any time in the future. Kidiverse may add or remove auto-renewing Services over time without amending this Section 17.1; any such Service is automatically subject to the requirements of this Section by virtue of falling within its scope. The requirements of this Section 17.1 apply in addition to, and not in lieu of, any other consent, disclosure, or acknowledgment requirements applicable to the Service, including the automatic renewal disclosures required under Section 501.165, Florida Statutes.
Acknowledgment Gate Required for Every Auto-Renewing Service. Before any transaction for a Kidiverse Service that includes recurring billing, automatic renewal, or any other recurring financial obligation is finalized, the Kidiverse booking platform presents a separate, conspicuous on-screen consent acknowledgment (the “Auto-Renewal Acknowledgment”) that, with respect to that Service: (i) discloses that the Service includes recurring billing or automatic renewal; (ii) states the renewal amount and billing frequency; (iii) states the duration of the initial term and the duration of each renewal term; (iv) describes how to cancel and the notice period required for cancellation to take effect; (v) states whether the Guest has a refund right, and if so, the conditions and timing of any refund; and (vi) confirms that the Guest’s payment method on file will be charged on a recurring basis until the Guest cancels in accordance with the cancellation provisions applicable to the Service. The Auto-Renewal Acknowledgment is presented with an acknowledgment checkbox that is unchecked by default. The Guest must affirmatively check the acknowledgment checkbox to proceed; the Kidiverse booking platform will not accept payment for, or finalize enrollment in, any auto-renewing Service until the checkbox is checked.
No Charge Without Acknowledgment. Where a Guest declines to check the Auto-Renewal Acknowledgment checkbox, closes the screen, navigates away from the acknowledgment step, or otherwise fails to complete the acknowledgment, the transaction is not processed and no charge is applied to the Guest’s payment method. Any temporary authorization, hold, or in-progress charge initiated during a session in which the acknowledgment is not completed is released or reversed promptly, consistent with the payment processor’s release timing, which Kidiverse does not control. The Guest’s enrollment in the auto-renewing Service is not effective until the Acknowledgment is captured.
Record Retention. Kidiverse retains a record of each Auto-Renewal Acknowledgment in the Guest’s account record, including the date and time the checkbox was checked, the version of the disclosure text displayed, the Service to which the acknowledgment applies, and the transaction identifier. A Guest who completes enrollment in an auto-renewing Service after checking the Auto-Renewal Acknowledgment is deemed to have received clear and conspicuous notice of the recurring billing or automatic renewal terms at the point of enrollment, in addition to the disclosures provided elsewhere in these Terms.
Material Changes to an Auto-Renewing Service. Where Kidiverse makes a material change to the pricing, billing frequency, renewal term, or other key terms of an auto-renewing Service in which the Guest is already enrolled, Kidiverse will (a) notify the Guest of the material change at least thirty (30) days in advance of the change taking effect, by email or through the Kidiverse booking platform, and (b) present a new Auto-Renewal Acknowledgment reflecting the updated terms before the next renewal charge under the updated terms is processed. A Guest who declines to acknowledge the updated terms may continue under the prior terms until the end of the then-current billing cycle, at which point the Service will be cancelled and no further charge will be processed.
Technical-Failure Fallback. Where the Auto-Renewal Acknowledgment is unavailable due to a technical issue with the booking platform, Kidiverse will not finalize enrollment or process any charge for an auto-renewing Service until the Acknowledgment is captured through an alternative recorded means, such as a checkbox on a confirmation email, a recorded staff-assisted phone acknowledgment, or an in-person signed acknowledgment form. The same record-retention requirements set out above apply to any acknowledgment captured through alternative means.
Accepted payment methods: cash, Visa, MasterCard, American Express, and Discover. Personal checks are not accepted, except that checks drawn on the accounts of schools, school districts, or accredited educational programs may be accepted solely for field trip bookings that have received School Check Approval under Section 8.1. No other check payments are accepted for any other Service, including walk-in admission, parties, classes, memberships, gift cards, merchandise, or field trip bookings that have not received School Check Approval. All prices are in United States Dollars and are exclusive of applicable Florida sales tax, which will be added at the point of sale. Gratuities for staff are welcomed but not required. Transactions are final once processed unless specific refund provisions apply under these Terms or applicable Florida law.
Kidiverse shall not be liable for any failure or delay in providing Services resulting from circumstances outside its reasonable control, including but not limited to natural disasters, government orders, public health emergencies, utility failures, structural damage requiring closure, acts of God, or any other event beyond Kidiverse's reasonable ability to prevent or manage ("Force Majeure Events").
In the event of a Force Majeure closure affecting a confirmed party booking or prepaid reservation, Kidiverse will work with affected Guests to reschedule to an available date within three (3) months. Where rescheduling is not feasible, Kidiverse will issue a credit in the amount paid, which may be applied to a future reservation. Cash refunds due to Force Majeure Events are at Kidiverse's sole discretion. No compensation will be issued for open play admissions lost due to Force Majeure closures. Gift cards held by Guests during a Force Majeure closure remain valid and do not expire during the closure period; any printed or stated expiration date on a gift card is automatically extended by the duration of the closure. Prepaid class fees affected by a Force Majeure closure will be applied as credit toward a future class of equal value once the Facility reopens, or refunded at Kidiverse’s sole discretion. Active Memberships continue to be billed during short Force Majeure closures of fourteen (14) consecutive days or less. For Force Majeure closures exceeding fourteen (14) consecutive days, Kidiverse will pause Membership billing for the duration of the closure and extend the Membership term by the equivalent number of days, or issue a credit at the Guest’s election.
To the fullest extent permitted by applicable law, Kidiverse’s total liability for any claim arising out of or related to your use of the Facility or Services, other than a claim for bodily injury, illness, or wrongful death of a Guest or Minor in your care, shall not exceed the greater of (a) the amount paid by you to Kidiverse for the specific Service giving rise to the claim, or (b) one hundred dollars ($100). This limitation applies in the aggregate to all such claims arising from the same incident or transaction. The dollar limitation in this Section applies only to claims other than for bodily injury, illness, or wrongful death of a Guest or Minor. Nothing in this Section is intended to limit, expand, or modify the release, assumption-of-risk, or indemnification provisions of the Waiver or other sections of these Terms, which continue to apply on their own terms. Kidiverse shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of revenue, loss of data, or other intangible losses, even if advised of the possibility of such damages. Nothing in this Section limits any liability that cannot be limited or excluded under applicable Florida law.
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be subject to the dispute resolution provisions in Section 2.5.
If any provision of these Terms is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible. The remaining provisions remain in full force and effect.
Kidiverse reserves the right to modify these Terms at any time. Updated Terms will be posted on the website with a revised effective date. Continued use of the Facility or Services constitutes acceptance of the updated Terms. Material changes will be communicated through email, website notice, or other reasonable means. Pending party bookings, field trip bookings, and active Memberships are governed by the version of these Terms in effect at the time the booking was made or the Membership was last renewed. Any material change to these Terms affecting an active Membership or a confirmed booking will be communicated to the affected Guest at least thirty (30) days in advance, by email or through the Kidiverse booking platform, and the Guest will have the right to cancel the booking or Membership without penalty within fifteen (15) days of receiving notice if the change materially and adversely affects the Guest’s rights or obligations.
Kidiverse requires the upload of a current government-issued photo identification document at the time of booking, signup, or signing of a Waiver for the following Services: Birthday Parties, Private Parties, and Room Rentals. For these Services, ID upload is required from the Guest who books the Service (typically the booking parent) and, separately, from each adult attendee who signs a Kidiverse Waiver in connection with the booking, in accordance with Section 23.7. Open Play admission, gift card purchases, merchandise purchases, Field Trips, Class enrollments (including Single Drop-in Classes and Full Sessions), and Memberships do not currently require ID upload at the point of transaction. Kidiverse may, in the future, expand ID upload requirements to additional Service types, including a future requirement that all Guests upload an ID at the time of customer dashboard or profile creation regardless of Service type, by updating this Section and providing notice through the Kidiverse booking platform or by email. Kidiverse further reserves the right to require ID at the point of entry or at any time during a visit for safety, security, or fraud prevention purposes.
Acceptable forms of identification include any current government-issued photo ID, whether issued by the United States or a foreign government, including but not limited to: driver’s license, state-issued non-driver ID, United States passport, foreign passport, permanent resident card, military ID, and tribal ID. Expired IDs are not accepted. Kidiverse reserves the right to refuse any document that, in its reasonable judgment, is illegible, altered, expired, or otherwise unreliable.
For all reservation types requiring ID upload, the name and identity on the uploaded ID must match the name on the payment card used to make the purchase or the payment card saved on file for the transaction. Kidiverse reserves the right to refuse, cancel, or void any booking where the ID and payment information do not match, and to refund the transaction to the original payment method. The following exceptions to the strict identity-payment match rule are recognized: (a) a third party paying for a Guest’s booking as a gift, provided the Guest who will attend the event provides their own matching ID and the payor is identified at the time of booking; (b) a parent or legal guardian paying for a booking on behalf of a minor child, provided the parent or guardian provides ID matching the payment card; (c) a divorced or separated parent paying for a co-parent’s booking, provided the relationship is disclosed at the time of booking; and (d) a business entity, school, daycare, or other organization paying for a group booking under Section 8 of these Terms, provided an authorized representative of the entity completes the booking and provides their ID matching the entity’s payment method. Kidiverse retains discretion to approve or refuse any booking under the foregoing exceptions.
Uploaded ID images are stored in an encrypted system at rest and in transit on Kidiverse’s own booking platform, on infrastructure based in the United States, and used only for identity verification, fraud prevention, dispute resolution, legal defense, and compliance with applicable law. Kidiverse maintains reasonable security measures to protect uploaded ID images, including encryption, access controls, and periodic security review. Uploaded ID images are retained for so long as the Guest’s account is active and for twenty-four (24) months after the account is closed or becomes inactive, after which the ID image is securely deleted, except where a longer retention period is required to resolve an active claim, dispute, chargeback, ban appeal, regulatory inquiry, or other legal obligation. Where a longer retention period applies, the ID image is deleted promptly after the matter that justifies the extended retention is resolved. Access to uploaded ID images is restricted to authorized Kidiverse personnel on a need-to-know basis. Uploaded ID images are not used for marketing, advertising, profiling, or any purpose unrelated to identity verification and account security. With respect to uploaded ID images, a Guest has the following rights, which may be exercised by contacting the Kidiverse Privacy Officer at info@ourkidiverse.com: (a) the right to request a copy of the ID image Kidiverse holds on file for the Guest; (b) the right to request earlier deletion of the ID image, subject to Kidiverse’s legal obligation to retain records in connection with active claims, disputes, or regulatory requirements; (c) the right to upload a replacement ID image at any time, in which case the prior ID image will be deleted within seven (7) business days, subject to the legal-hold exceptions above; (d) the right to withdraw consent to Kidiverse’s collection, storage, and use of the ID image at any time, in which case the ID image will be deleted (subject to legal-hold exceptions) and the Guest’s access to Services that require ID verification may be suspended; and (e) the right to be notified of any security breach affecting the Guest’s ID image, as required by applicable Florida law. Use of uploaded ID images is further governed by the Kidiverse Privacy Policy, including the breach notification provisions of Section 9 of the Privacy Policy and the Florida Information Protection Act (Section 501.171, Florida Statutes).
Identity verification through the ID Upload Consent Acknowledgment described in Section 23.6 is required to complete a booking for any Service that requires ID under Section 23.1. Where a Guest declines to upload an ID, declines to provide consent on the ID Upload Consent Acknowledgment, or otherwise fails to complete the ID verification process, Kidiverse will not finalize the booking, enrollment, or signup for the affected Service, and Kidiverse will not charge the Guest for the declined Service. Any temporary upload of an ID image submitted during a session in which consent is not provided is discarded and not retained. The Guest remains free to use Open Play admission and any other Service that does not require ID verification under Section 23.1. Refusal to provide ID at the point of entry, where ID is requested under Section 23.1 in connection with an already-paid booking, may result in denial of entry without refund.
Before an uploaded ID image is finalized in the Kidiverse booking platform, the booking platform presents a separate, conspicuous on-screen consent acknowledgment (the “ID Upload Consent Acknowledgment”) that summarizes the data categories collected, the purposes of collection and use, the parties with access to the ID image, the storage location, the retention period under Section 23.4, the Guest’s rights under Section 23.4 (including the right to request a copy, request deletion, upload a replacement, withdraw consent, and be notified of any security breach affecting the ID image), the consequence of declining consent under Section 23.5, and the requirement that a parent or legal guardian consent on behalf of any Guest under the age of eighteen (18). The ID Upload Consent Acknowledgment is presented with an acknowledgment checkbox that is unchecked by default. The Guest must affirmatively check the acknowledgment checkbox to finalize the upload; the Kidiverse booking platform will not retain an uploaded ID image until the checkbox is checked. The text of the on-screen consent acknowledgment is substantively the same as the relevant provisions of this Section 23 and identifies this Section by number. Kidiverse retains a record of each ID Upload Consent Acknowledgment in the Guest’s account record, including the date and time the checkbox was checked, the version of the consent text displayed, and the related booking confirmation identifier. A Guest who completes an ID upload after checking the ID Upload Consent Acknowledgment is deemed to have received clear and conspicuous notice of the ID storage, use, and retention practices described in this Section 23 at the point of collection, in addition to the disclosures provided elsewhere in these Terms and in the Kidiverse Privacy Policy. Where the ID Upload Consent Acknowledgment is unavailable due to a technical issue with the booking platform, Kidiverse will not retain an uploaded ID image until the Acknowledgment is captured through an alternative recorded means, such as a checkbox on a confirmation email, a recorded staff-assisted phone acknowledgment, or an in-person signed acknowledgment form.
In addition to the ID upload required from the booking Guest under Section 23.1, every adult who signs a Kidiverse Waiver in connection with a Birthday Party, Private Party, or Room Rental booking is required to upload their own current government-issued photo identification document at the time their Waiver is signed. The ID upload for each adult attendee runs through the same upload and consent flow described in Sections 23.4, 23.5, and 23.6, including the ID Upload Consent Acknowledgment, the unchecked-by-default acknowledgment checkbox, the per-upload record retention, and the customer rights set out in Section 23.4. An adult attendee’s Waiver is not effective for that adult until the adult’s own ID has been uploaded and the corresponding ID Upload Consent Acknowledgment has been completed; an adult who declines the upload or the consent may not enter the Facility in connection with the booking. Where an adult attendee declines the upload or consent and is unable to attend as a result, the booking organizer remains responsible for any forfeited amounts under the cancellation provisions of Section 6.4. Kidiverse may, in the future, extend the per-adult ID upload requirement to additional Service types by updating this Section and providing notice through the Kidiverse booking platform or by email.
Kidiverse offers branded merchandise, including Kidiverse-branded apparel such as shirts, for sale through the Kidiverse website and at the Facility front desk. Pricing, available styles, and sizing information are published on the Kidiverse website at the time of purchase. All prices are in United States Dollars and exclude applicable Florida sales tax, which will be added at checkout. Pricing is subject to change. The price in effect at the time the order is placed governs the transaction.
Merchandise orders are processed and shipped within a reasonable time after the order is received, subject to inventory availability. Shipping carrier, timeframe, and cost are displayed at checkout. Risk of loss and title for merchandise pass to the Guest upon delivery to the shipping carrier. Kidiverse is not responsible for shipping delays, loss in transit, or non-delivery caused by the carrier or by incorrect shipping information provided by the Guest. Where merchandise is out of stock at the time the order is placed, Kidiverse will notify the Guest and, at the Guest’s election, hold the order until the item becomes available or refund the order in full.
Merchandise may be returned for refund or exchange within fourteen (14) calendar days of delivery, provided the item is unworn, unwashed, undamaged, and returned with all original tags and packaging. Return shipping costs are the responsibility of the Guest unless the return is due to a defect in the merchandise or a shipping error by Kidiverse, in which case Kidiverse will provide a prepaid return label or reimburse return shipping costs. Refunds are issued to the original payment method within ten (10) business days of Kidiverse’s receipt of the returned item. Sale items, custom or personalized items, and items marked “final sale” are not eligible for return or exchange, except in the case of a manufacturing defect.
All merchandise is sold “as is.” To the fullest extent permitted by applicable law, Kidiverse disclaims all implied warranties, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The Guest’s sole remedy for defective merchandise is return for refund or exchange under Section 24.3. Kidiverse’s total liability for any claim arising out of or related to merchandise sales is limited to the purchase price paid for the merchandise giving rise to the claim. The limitation of liability and other provisions of Section 19 of these Terms apply to merchandise sales.
Kidiverse’s relationship with each Guest is governed by three primary documents: the Kidiverse Assumption of Risk, Waiver, and Release of Liability (the "Waiver"); these Terms of Service; and the Kidiverse Privacy Policy. The documents are intended to be read together and to operate consistently. If a conflict arises between the documents on a specific point, the following order of precedence applies: (a) the Waiver controls on questions of assumption of risk, release of liability, indemnification, emergency medical authorization, and any waiver of jury trial, class action, or similar rights; (b) the Privacy Policy controls on questions of how Kidiverse collects, uses, stores, shares, retains, and protects personal information, and on the rights of Guests with respect to their personal information; and (c) these Terms of Service control on all other commercial, operational, and policy matters, including pricing, booking and cancellation rules, membership, classes, parties, field trips, merchandise, identity verification, and Facility rules. Where a Kidiverse policy posted at the Facility or communicated by staff is more protective of safety or more restrictive of Guest conduct than the corresponding provision in these documents, the more protective or restrictive policy applies for that visit.
For questions about these Terms or to report an issue:
For privacy-related requests, including access, correction, deletion, and opt-out requests, please contact the Kidiverse Privacy Officer at info@ourkidiverse.com as described in Section 14 of the Kidiverse Privacy Policy.