Last Updated: 4/14/2025

These Terms of Service (“Terms”) apply to your access to, and use of www.seafair.org and any other websites provided by the Seafair Charitable Foundation (“Seafair,” “we,” “our,” or “us”) that link to these Terms (collectively, the “Sites”). These Terms also apply when you purchase tickets to or otherwise register for our events.

SECTION 15 (DISPUTE RESOLUTION AND BINDING ARBITRATION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. BY AGREEING TO THESE TERMS, YOU AND SEAFAIR AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH SEAFAIR, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 15(j). Further, the Terms of Sale in Section 5 will apply with respect to any Seafair event tickets. If you do not agree to these Terms, do not use our Sites or register for or purchase tickets to our events.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our tickets, the Sites, events, or our services (“Supplemental Terms”). For example, our FAQs site may list some applicable rules for specific events. Any applicable Supplemental Terms become part of your agreement with us, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we will provide notice of such changes, such as by sending an email, providing a notice through the Sites, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Sites will confirm your acceptance of the changes.

1 Eligibility and Use Restrictions

  • Age. The Sites are not intended for users under the age of 13. Users of our Sites over the age of 13 but under 18 years of age may only use our Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 is fully responsible for the acts or omissions of such user in relation to our Sites. If you are a parent or legal guardian and you believe that your child is using our Sites without your consent, please contact us at info@seafair.org.
  • Use. You will not use our Sites, tickets (incl. free tickets), or other services for any purpose other than for their intended purposes. Further, you will not, in connection with the above:
    • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
    • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
    • Sell or resell our tickets;
    • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Sites or tickets, except as expressly permitted by us or our licensors;
    • Modify our Sites or tickets, remove any proprietary rights notices or markings, or otherwise make any derivative works;
    • Use our Sites or tickets in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Sites and tickets or that could damage, disable, overburden, or impair the functioning of our Sites in any manner;
    • Reverse engineer any aspect of our Sites or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Sites;
    • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Sites, without our explicit permission;
    • Develop or use any applications or software that interact with our Sites without our prior written consent;
    • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
    • Link to the Sites in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by us; or
    • Use our Sites or tickets for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

Enforcement of this Section 1 is solely at Seafair’s discretion and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

2 Event Rules and Prohibited Conduct

By purchasing or registering for tickets to our events, you agree to the following:

  • Age. Generally, our events are geared toward families, and children of all ages are welcome, provided that, at all times, children under the age of 13 must be accompanied by an adult. However, some events have separate age restrictions and may require valid government identification before entry. Please review the rules that apply to a particular event before purchasing a ticket. Tickets for attendees under 18 years of age may only be purchased under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of an attendee under the age of 18 is fully responsible for the acts or omissions of such attendee.
  • Event Security. All bags will be searched as a condition of entry into any event.
  • Event Capacity. Some events may have capacity restrictions. Gates will close once an event reaches capacity.
  • Prohibited Items. The following items are not permitted on event grounds: all weapons (e.g., guns, knives, brass knuckles, loose batteries, wires, box cutters); drones; drugs, drug paraphernalia, or any other illegal substances; sparkers, fireworks, or incendiary materials of any kind; all noisemakers (e.g., megaphones, air horns, sirens, whistles); laser lights and pointers; mace or pepper spray; vape pens; footballs, baseballs, frisbees or other projectiles; helium balloons; enclosed or walled tents; gas or charcoal BBQs; glass containers or open beverage containers; and alcohol. Prohibited items found within an event space will be disposed of without return.
  • Drones and unmanned Aerial Systems (“UAS”). Use of drones or a UAS is strictly prohibited by law and will be prosecuted. See our drone policy.
  • Animals. No animals (excluding service animals, as defined by Washington State Law) are permitted.
  • Smoking/Vaping. Smoking or vaping at events is strictly prohibited.
  • Access by water: Events are not accessible by water. Anyone who attempts to access the park via the water will be turned away by park security.
  • Skateboards, Bicycles, or other Personal Transportation Items. These items must be stored at the event’s bike compound before event entry.
  • Umbrellas, Sunscreens, and Canopies. Personal umbrellas cannot be inserted into the ground, and all sunscreens or canopies must be removed by 6pm.
  • Unlicensed Vendors. All event vendors must be licensed. Solicitation or non-registered vendors will be asked to leave the event.
  • Illicit Behavior. Any illicit behavior (e.g., harassing, intimidating, criminal, destructive, lewd, or otherwise harmful behavior), or any acts or omissions that—in Seafair’s sole discretion—are objectionable, otherwise restrict or inhibit any other person from using or enjoying our events, or may expose Seafair or others to any harm or liability of any type, are strictly prohibited. Any event participants who engage in such behavior will be removed from the event, barred from participation in any future events, and any applicable tickets or other purchases will be forfeited.

Enforcement of this Section 2 is solely at Seafair’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

3 Your Information

You may provide certain information to Seafair in connection with your access to, or use of, our Sites and participation in our events. You represent and warrant that any information that you provide to Seafair is accurate.

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. Some of this information, like photos and video recordings, may be collected when you participate in one of our events, for security and/or promotional purposes. By entering a designated area, you consent to being photographed, videotaped and/or recorded and you further consent to the use by Seafair and its designees of any resulting photographs, videotapes, and other recordings. Please see our Crowd Release for more information.

4 Merchandise

The Sites may make available Seafair-branded merchandise (“Merchandise”) for purchase. Such Merchandise is created and sold by our third-party licensees. You acknowledge that to purchase Merchandise, you will be redirected to websites owned and operated by such third-parties, and any purchase will be solely between you and the third-party. The image, description, or availability through the Sites of such Merchandise does not imply our endorsement of, or affiliation with the third-party provider of the Merchandise (See Third-Party Content below).

We attempt to ensure that any such Merchandise listings are complete, accurate, and current, but despite our efforts, the Merchandise listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Merchandise (including any features, specifications, and prices contained therein). Merchandise and its availability (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Merchandise, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

5 Terms of Sale

By purchasing a ticket or registering for an event (where applicable), you agree to the terms set forth in this Section 5 (the “Terms of Sale”).

  • Restrictions. You may only purchase or otherwise register for tickets for personal use by either yourself or your intended recipient. Tickets are not authorized for resale. We may place a limit on the quantities that may be obtained per order, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
  • Price. Prices shown exclude all taxes or charges for shipping and handling. All prices are subject to change at any time without notice.
  • Payment. If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information to third-party payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have provided. You authorize us, or our third-parties, to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for through the Sites. You will pay all charges incurred by you or on your behalf through the Sites, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions.
  • Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order. For example, if there are errors on the Sites or made in connection with your order or inaccuracies in pricing information or availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order.
  • Refunds. Unless otherwise noted by Seafair in writing, ALL SALES ARE FINAL.
  • Reservation of Rights. Seafair reserves the right, including without prior notice, to limit the available quantity of tickets or discontinue making available any ticket; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment options for tickets; and to refuse to provide any user with any ticket.

6 Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

7 Ownership; Limited License

The Sites, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto or contained in any tickets or Merchandise, are owned by Seafair or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Sites, tickets, and Merchandise including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Sites for your own personal, noncommercial use. If you include links to our Sites on your website, when the link is clicked, the applicable page within our Sites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. Any use of the Sites, tickets, or Merchandise other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

8 Trademarks

The Seafair name and trademark, and our logos, product or service names, slogans, and the look and feel of the Sites are trademarks of Seafair and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Sites, tickets, or Merchandise are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

9 Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Seafair, or our Sites, ticket sales, Merchandise, or events (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to copy or publish the Feedback, to improve the Sites or our events, or to develop new products and services, in Seafair’s sole discretion. Seafair will exclusively own all improvements to the Sites, and all new or improved Seafair products and services based on any Feedback. You understand that Seafair may treat Feedback as nonconfidential.

10 Third-Party Content

Our Sites and ticket sales rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Sites and ticket sales. You

acknowledge that (a) the use and availability of the Sites and tickets is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Sites operate or the availability of our tickets.

We may further provide information about or links to third-party products, services, websites, activities, or events, or we may allow third-parties to make their content and information available on or through the Sites, including Merchandise (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third-parties and your use of or interaction with any Third-Party Content are solely between you and the third-party.

We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Sites at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Sites.

11 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Seafair and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Seafair Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs arising out of or related to (a) your access to or use of the Sites or tickets; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Sites.

12 Disclaimers

YOUR USE OF OUR SITES, OR TICKETS (INCLUDING REGISTRATION FOR ANY EVENT) AND ANY CONTENT, MATERIALS, OR FACILITIES PROVIDED THEREIN OR THEREWITH (ALWAYS INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) IS AT YOUR SOLE RISK. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our tickets, Sites, and any content, materials, or facilities provided therein or therewith are provided “as is” and “as available” without warranties of any kind, either express or implied. Seafair disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Seafair does not represent or warrant that our Sites or tickets or any content provided therein or therewith are accurate, complete, reliable, current, or error-free or that access to our Sites or tickets or any content or facilities provided therein or therewith will be uninterrupted. While Seafair attempts to make your use of our Sites and tickets and any content or facilities provided therein or therewith safe, we cannot and do not represent or warrant that our Sites or tickets or any content, materials, or facilities provided therein or therewith or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Sites and tickets and any content or facilities provided therein or therewith. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Seafair, Seafair Parties, and Seafair’s respective agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

13 Limitation of Liability

To the fullest extent permitted by applicable law, Seafair and the other Seafair Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Seafair or the other Seafair Parties have been advised of the possibility of such damages.

The total liability of Seafair and the other Seafair Parties for any claim arising out of or relating to our Terms, our Sites, or the tickets, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you for the ticket giving rise to the claim.

The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Seafair or the other Seafair Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14 Release

To the fullest extent permitted by applicable law, by purchasing or otherwise registering for a ticket for an event, you release Seafair and the other Seafair Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to (i) the acts or omissions of third-parties, or (ii) your participation in an event. You are aware and understand that accessing the event property and participating in any event activity may involve the risk of serious injury, disability, death, and/or property damage. You acknowledge that any injuries that you sustain may result from or be compounded by the actions, omissions, or negligence of Seafair, including negligent emergency response or rescue operations. Notwithstanding the risk, you acknowledge that you are voluntarily accessing the event property and participating in the event activity with knowledge of the danger involved and hereby agree to accept and assume any and all risks of injury, disability, death, and/or property damage arising therefrom, whether caused by the ordinary negligence of Seafair or otherwise.

15 Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SEAFAIR TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND SEAFAIR CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND SEAFAIR FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND SEAFAIR AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. SEAFAIR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AND SEAFAIR EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 15(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

  • a. Claims to Which this Section Applies. This Section 15 applies to all Claims between you and Seafair. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 15(c), below) between you and Seafair, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, the Sites or the Products, including any claims related to the use or operation of the Sites, or the purchase of any Products made available through the Sites, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.
  • b. Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Seafair or if Seafair believes it has a Claim against you, you and Seafair will first attempt to resolve the Claim informally. You and Seafair will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 15(b) (a “Claimant Notice”). The Informal Resolution Period may be extended by the parties’ mutual written agreement. No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Seafair files an Arbitration Demand without complying with the requirements in this Section 15, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief. To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.
  • c. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Seafair, including any disputes in which you or Seafair seek injunctive or other equitable relief for the alleged unlawful use of your or Seafair’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 15(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.
  • d. Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 15, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). The then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Seafair. These Terms affect interstate commerce, and the enforceability of this Section 15 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Seafair to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
  • e. Arbitration Procedure and Location. You or Seafair may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules. Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879.

    The arbitration will be conducted by a single arbitrator in the English language. You and Seafair both agree that the arbitrator will be bound by these Terms.

    For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone.

    The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction.
  • f. Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
  • g. Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
  • h. Confidentiality. If you or Seafair files a Claim in arbitration, you and Seafair agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Seafair agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
  • i. Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 15(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.
    • i. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
    • ii. Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section.
    • iii. Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
    • iv. Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 16. If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law. If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 15(b) to proceed in arbitration in the same manner as described in Section 15(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.
  • j. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing info@seafair.org. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.
  • k. Rejection of Modifications to this Section 15. You may reject any change we make to this Section 15 (except changes to notice addresses) as to you, by emailing info@seafair.org within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 15. You may reject changes to Section 15 only as a whole. You may not reject only certain changes to Section 15. If you reject changes made to Section 15, the most recent version of Section 15 that you have not rejected will continue to apply.
  • l. Severability. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 1.

16 Governing Law and Venue

Any dispute, claim, or controversy arises from or relates to these Terms, the Sites, or the tickets will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms, the Sites, or the tickets that is not subject to arbitration pursuant to Section 15 and that cannot be heard in small claims court will be resolved exclusively in the state and federal courts located in Seattle, Washington. You and Seafair waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section will not apply to you to the extent that local law conflicts with this section.

17 Modifying and Terminating Our Sites or Tickets

We reserve the right to modify our Sites or to suspend or terminate providing all or part of our Sites or tickets at any time; charge, modify, or waive any fees required to use the Sites or tickets; or offer opportunities to some or all end users of the Sites or tickets. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Sites or tickets, such as by sending an email or providing a notice through our Sites. All modifications and additions to the Sites and tickets will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Seafair in writing. You also have the right to stop using our Sites and tickets at any time, and you may terminate these Terms by ceasing use of our Sites and tickets. We are not responsible for any loss or harm related to your inability to access or use our Sites.

18 Severability

If any portion of these Terms other than Section 15 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

19 Miscellaneous

Seafair’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

If you have a question or complaint regarding the Sites or tickets, please send an email to info@seafair.org. You may also contact us by writing to 1455 NW Leary Way, Suite 400, Seattle WA, 98107, or by calling us at 206-728-0123. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.