Terms &
Conditions.

Welcome to up2uentertainment.com (the "Site"), owned and operated by Up 2 U Entertainment, LLC (collectively, "Up 2 U Entertainment," "we," "our," or "us"). Websites that are owned and operated by Up 2 U Entertainment may contain links to websites that are owned and operated by other companies. These Terms do not apply to websites and services that are owned and operated by third parties. By accessing or using this Site or visiting our venue, you agree to comply with and be bound by the following Terms and Conditions (the "Terms"). If you do not agree to these Terms, please do not use this Site or our services.

1. Use of the Site

The Site provides information about our Up 2 U Entertainment venue in Albany, GA and enables guests to reserve experiences online. Your use of this Site is subject to our Privacy Policy, which governs our data collection and processing practices. Please review our Privacy Policy before using the Site.

2. Electronic Communications

By visiting our Site or sending emails to us, you consent to receive communications electronically. These communications satisfy any legal requirements that such communications be in writing.

3. Age Restrictions

Up 2 U Entertainment does not knowingly collect personal information from individuals under 13 years of age. If you are under 18, you may use the Site only with permission from a parent or guardian. Participation in axe throwing, rage room, and other physical activities is subject to age restrictions posted at our venue, and minors must have a parent or legal guardian sign the required liability waiver.

4. Assumption of Risk & Physical Activity

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Axe throwing, rage room activities, splatter painting, spin art, golf simulator use, and related activities are inherently risky and may involve real axes, sharp blades, breakable objects, paint, projectiles, and other equipment capable of causing injury. By participating in any activity at the Up 2 U Entertainment venue, you acknowledge and voluntarily assume all risks of injury or harm, including but not limited to cuts, bruises, broken bones, concussions, paint exposure, slipping and falling, and other bodily injury. You further acknowledge that:

• You have been informed of the risks involved in our activities.
• You are physically capable of participating in the chosen activity.
• You will follow all posted safety rules, staff instructions, and venue guidelines at all times.
• You will not participate while under the influence of alcohol or drugs to a degree that impairs your judgment or physical ability.
• You are responsible for your own safety and the safety of others around you.

This online acknowledgment of risk supplements but does not replace the liability waiver you are required to sign at the venue before participating in any activity. All participants must complete the venue's liability waiver before throwing, breaking, painting, or otherwise participating.

5. Alcohol Policy

If our venue serves alcoholic beverages and you choose to consume them:

• You must be 21 years of age or older and present valid government-issued identification.
• Up 2 U Entertainment reserves the right to refuse alcohol service to any guest and to remove any guest who appears intoxicated, at our sole discretion and without refund.
• You acknowledge and assume all additional risks associated with combining alcohol consumption with physical activity, including axe throwing and rage room activities.
• Our venue staff are trained and certified in responsible alcohol service in accordance with applicable state law.
• No outside alcoholic beverages are permitted in our venue.

6. Venue Rules & Safety

All posted safety rules and staff instructions at the Up 2 U Entertainment venue are incorporated into these Terms by reference. By entering the venue and participating in activities, you agree to comply with all posted rules and verbal instructions from staff. Violation of safety rules or disruptive behavior may result in immediate removal from the venue without refund. Up 2 U Entertainment reserves the right to refuse service to any person for any reason at our sole discretion.

7. Reservation, Cancellation, and Refund Policy

General Reservations

• Credit card information is required to secure a reservation, but charges are not processed at the time of booking.
• Failure to show or cancel within 24 hours of a scheduled reservation will result in a charge of 50% of the total event cost.
• Guests may reschedule free of charge if done at least 24 hours in advance.

Private & Large Group Events (9+ Participants)

• At least 75% of a group's attendees must participate in the booked activity to secure a reservation.
• If a majority of attendees are non-participating spectators, at least half of the group must pay the participation fee.

Cancellations

• All payments for reservations are non-refundable.
• If a guest cancels after paying, no refund will be issued.
• At least one group member must check in before the scheduled reservation time.
• Late arrivals still pay the full session price but may have limited time.
• If no one from the group checks in within 5 minutes of the reservation time, the reservation may be canceled without a refund and offered to walk-in guests.
• To change or cancel a booking, contact the venue at least 24 hours before the event.

8. Gift Card Terms

• Gift cards purchased through our website or at our venue do not expire.
• Gift cards are non-refundable and cannot be redeemed for cash, except where required by applicable law.
• Gift cards are redeemable at the Up 2 U Entertainment venue.
• Lost or stolen gift cards are the responsibility of the purchaser. Up 2 U Entertainment is not responsible for lost, stolen, or unauthorized use of gift cards.
• Gift card purchases made through our website are processed by a third-party payment processor and are subject to that processor's terms of service and privacy policy.

9. Photo & Video Release

By entering the Up 2 U Entertainment venue, you consent to being photographed, filmed, or recorded by Up 2 U Entertainment staff, security cameras, or other guests. You grant Up 2 U Entertainment, LLC a perpetual, royalty-free, worldwide license to use your image and likeness in photographs, videos, and other media for marketing, promotional, social media, and advertising purposes. If you do not wish to be photographed or recorded, please notify venue staff before your session begins.

10. Third-Party Links & Services

The Site may contain links to third-party websites or services, including but not limited to our booking platform, gift card processor, and Birthday Club provider. Up 2 U Entertainment is not responsible for the content, policies, or practices of third-party sites. Accessing linked sites is at your own risk, and you should review the privacy policies and terms of service of any third-party site you visit.

11. Intellectual Property Rights

• All Site content, including text, graphics, logos, images, and software, is owned by or licensed to Up 2 U Entertainment, LLC and is protected by copyright, trademark, and other intellectual property laws.
• Users may not modify, reproduce, distribute, or commercially exploit Site content without prior written permission.

12. Prohibited Uses

Users may not:

• Use the Site for any unlawful or unauthorized purpose.
• Attempt to gain unauthorized access to Site data or systems.
• Disrupt or interfere with the Site's functionality.
• Scrape, harvest, or collect data from the Site without written consent.
• Use automated tools (bots, crawlers) to access the Site in a manner that exceeds reasonable use.

13. International Use

The Site is operated in the United States. Our venue is located in Albany, Georgia. Users outside the U.S. who access this Site do so at their own initiative and are responsible for compliance with all applicable local laws.

14. Indemnification

You agree to indemnify, defend, and hold harmless Up 2 U Entertainment, LLC and its respective officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Site or the Up 2 U Entertainment venue.
• Your participation in axe throwing, rage room, splatter paint, spin art, golf simulator, games, or any other activity at our venue.
• Your consumption of alcohol at our venue, if served.
• Your violation of these Terms or any applicable law.
• Any claim by a third party arising from your actions or omissions at our venue or on our Site.
• Your infringement of any third-party rights, including intellectual property rights.

15. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or your experience at the Up 2 U Entertainment venue (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified by this section. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs this arbitration provision and preempts any inconsistent state law.

Class Action Waiver

YOU AND UP 2 U ENTERTAINMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PARTY PROCEEDING. The arbitrator may not consolidate the claims of multiple parties and may not otherwise preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall proceed in court.

Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes and claims within the jurisdictional limits of that court.

Mass Arbitration

If 25 or more similar arbitration demands are filed against Up 2 U Entertainment within a 60-day period, they shall be considered "Mass Arbitration" and will be processed in sequential batches of no more than 25 claims at a time, in accordance with the AAA's then-current mass arbitration procedures or supplementary rules. No additional batches may proceed until the prior batch is resolved.

Arbitration Procedures

• Arbitration will be conducted in a mutually agreed location or, absent agreement, in Dougherty County, Georgia.
• The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether a claim is subject to arbitration.
• The prevailing party in any arbitration or legal proceeding shall be entitled to recover reasonable attorneys' fees and costs.
• This arbitration provision survives termination of these Terms.

30-Day Opt-Out Right

You may opt out of this arbitration and class action waiver provision by sending written notice to up2ualbany@gmail.com within 30 days of first accepting these Terms. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of the arbitration and class action waiver provision in the Up 2 U Entertainment Terms and Conditions. If you opt out, all other provisions of these Terms remain in full force and effect.

16. Disclaimer of Warranties & Limitation of Liability

• The Site and its content are provided "as is" and "as available" without warranties of any kind, either express or implied.
• Up 2 U Entertainment, LLC disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Up 2 U Entertainment is not liable for any damages arising from the use of the Site or participation in activities at our venue, including direct, indirect, incidental, special, consequential, or punitive damages.
• In no event shall the total liability of Up 2 U Entertainment, LLC, or its respective officers, directors, employees, or agents exceed the greater of (a) the total amount you paid to Up 2 U Entertainment in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00).
• Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

17. Force Majeure

Neither Up 2 U Entertainment nor you shall be liable for any failure or delay in performance of any obligation under these Terms due to events beyond reasonable control, including but not limited to natural disasters, pandemics, epidemics, acts of government, utility failures, labor disputes, fire, flood, earthquake, terrorism, or civil unrest. In the event of force majeure, the affected party's obligations shall be suspended for the duration of the event.

18. Termination of Access

Up 2 U Entertainment reserves the right to terminate or restrict access to the Site and/or refuse service at the venue at its sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise objectionable.

19. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Dougherty County, Georgia, and you consent to the personal jurisdiction of such courts.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Waiver

The failure of Up 2 U Entertainment to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision or any other right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Up 2 U Entertainment.

22. Assignment

Up 2 U Entertainment may assign or transfer these Terms and its rights and obligations hereunder, in whole or in part, without your consent. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Up 2 U Entertainment.

23. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Up 2 U Entertainment with respect to the Site and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. These Terms do not alter or replace any separate liability waiver, event contract, or other agreement you may sign at the Up 2 U Entertainment venue.

24. Changes to Terms

We reserve the right to update these Terms at any time. The most current version will be posted on this page with an updated "Last Updated" date and will supersede all previous versions. Your continued use of the Site or our services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review the Terms periodically.

25. Contact Information

For any questions or concerns regarding these Terms, please contact us at: