LEGAL INFORMATION

TERMS AND CONDITIONS FOR ADMISSIONS, TICKETING AND SEASON PASSES

Please carefully read these Terms and Conditions. These Terms and Conditions contain terms, provisions, covenants, conditions, restrictions, disclaimers and limitations of liability to which you are subject when you purchase or use a ticket or season pass or are admitted to or enter or use the park. Each time you purchase or use a ticket or season pass or are admitted to or enter or use the park you thereby acknowledge and agree that you have read, understood, accepted and agreed to be bound by these Terms and Conditions.

There are inherent and other risks associated with the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park. Each guest accepts the inherent and other risks associated with the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park, as well all other risks, all risks of which an ordinary prudent person is or should be aware and all risks of which the guest is warned pursuant to these Terms and Conditions, other park rules and regulations, other posted warnings, directions and instructions and attraction operator warnings, directions and instructions. In furtherance and not in limitation of the foregoing, each guest acknowledges and agrees to have read, understood and accepted, and to be bound by, the following statements:

• I acknowledge, understand and agree that are inherent and other risks associated with the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park, as well other risks, risks of which an ordinary prudent person is or should be aware and risks of which I have been warned pursuant to these Terms and Conditions, other park rules and regulations, other posted warnings, directions and instructions and attraction operator warnings, directions and instructions.
• I acknowledge, understand and agree that bodily or physical injury or harm, sometimes serious, or even death, may be caused by or arise or result from or be attributable to the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park.
• I voluntarily accept and voluntarily assume the risk of bodily or physical injury or harm or death that may be caused by or arise or result from or be attributable to the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park.
• In consideration of using any or all amusement attractions, rides or devices or other recreational facilities located at the park:
  • I voluntarily accept and voluntarily assume the risk of bodily or physical injury or harm or death that may be caused by or arise or result from or be attributable to the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park.
  • I agree not to bring any litigation or other legal action against the park and all park owners, operators and lessees, all owners / lessors or manufacturers / designers / distributors of real or personal property including attractions used in the operation of the park, and all of their respective owners, affiliates, management, managers, officers, employees, agents, contractors or representatives, if I am hurt or otherwise suffer any bodily or physical injury or harm or death while or from using any amusement attraction, ride or device or other recreational facilities at the park by reason of any bodily or physical injury or harm or death, including any that may be caused by or arise or result from or be attributable to any person's negligence.
  • I understand that by my acceptance and assumption of risk of bodily or physical injury or harm or death that may be caused by or arise or result from or be attributable to the use of or participation in or on any amusement attraction, ride or device or other recreational facilities located at the park, I am waiving and releasing legal rights.
  • Normal operation of any attraction may be hazardous to those:
    • who are pregnant;
    • with heart conditions;
    • with neck or back problems;
    • subject to motion sickness; or
    • with other health problems that may make them more vulnerable to injury. The following people shall not use this ride: those under the influence of alcohol or drugs.

Source: N.J.A.C. 5:14A-9.34.

• You are responsible to know your health and physical condition and limitations and the health and physical condition and limitations of any minor under your care or supervision. If you ride or use, or you permit any minors under your care or supervision to ride or use, any amusement attraction/ride, you or they do so at your or their own risk.
• I agree to bring any litigation or other legal action arising under this agreement or contract, these Terms and Conditions or from my use of any amusement attraction, ride or device or other recreational facilities located at the park exclusively in the Camden County Law Division or in the United States District Court for the District of New Jersey (Camden Vicinage)
• I waive any and all rights to trial by jury in any litigation or other legal action arising under this agreement or contract, these Terms and Conditions or from my use of any amusement attraction, ride or device or other recreational facilities located at the park.

ALL SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES. All admissions, tickets and season passes are subject to these Terms and Conditions.  Any person who uses a ticket or season pass, regardless of whether that person was the purchaser, is subject to these Terms and Conditions.  No refund, credit or exchange will be issued because or of based on a failure to read these Terms and Conditions. All sales of admissions, ticketing and season passes to the park, including for special events or private or special parties, are final. No refunds, credits or exchanges. Each time you purchase or use a ticket or season pass or are admitted to or enter or use the park you acknowledge, confirm and agree that services have been rendered.  All sales of in-park rides, attractions, activities, facilities, cabana rentals, locker rentals, services, merchandise, food and beverage and other items are final.  No refunds, credits or exchanges.  Each time you purchase any of the foregoing you acknowledge, confirm and agree that services have been rendered.

Rides and attractions have height requirements/restrictions and/or weight restrictions, which should be reviewed in advance at:

https://diggerlandusa.com/attractions/ AND Ride Restrictions (See Tab Above)

Some rides allow for lap riding, provided that the riders meet these requirements and the seat belt fits securely around both riders. A lap rider is only allowed with a parent or legal guardian. A rider or climber must be able to properly use all belts, harnesses, straps, grips and other safety equipment required or provided. A rider or climber must also obey and abide by all written, posted and stated warnings, directions and instructions. A ride/attractions' height requirements/restrictions and/or weight restrictions are posted at its queue line/entry area.

The Water Main slides and other attractions are subject to height requirements/restrictions and/or weight restrictions. The Water Main pools and attractions may only be used in accordance with posted signage and all warnings and instructions given by slide attendants, lifeguards or other safety personnel.

No refund, credit or exchange will be issued because or of based on a failure to read and review all park rules and regulations and all ride/attraction height requirements/restrictions and/or weight restrictions set forth within this website. (References herein to park rules and regulations and ride/attraction height requirements/restrictions and/or weight restrictions include park rules and regulations and ride/attraction height requirements/restrictions and/or weight restrictions incorporated herein by reference (including by reference to or use of an internal link within this website) and made a part hereof.) Before you purchase or use a ticket or season pass, it is important and necessary for you to read and review all park rules and regulations and all ride/attraction height requirements/restrictions and/or weight restrictions set forth within this website to determine whether you, or anyone for whom you are purchasing a ticket or season pass, may be ineligible to use specific rides or attractions. When you purchase or use a ticket or season pass, you are deemed to have read and reviewed all park rules and regulations and all ride/attraction height requirements/restrictions and/or weight restrictions set forth within this website to determine whether you, or anyone for whom you are purchasing a ticket or season pass, may be ineligible to use specific rides or attractions.

References herein to park rules and regulations and ride/attraction height requirements/restrictions and/or weight restrictions include park rules and regulations and ride/attraction height requirements/restrictions and/or weight restrictions incorporated herein by reference (including by reference to or use of an internal link within this website) and made a part hereof. The following park rules and regulations are incorporated herein by reference and made a part hereof:

• Park Rules & Regulations
• Patron Responsibilities under New Jersey Law
• Ride Restrictions
• Service Animals
• Health and Safety Guidelines, Rules and Regulations

A violation of any park rule or regulation is cause for ejection without refund, credit or exchange.Guests that do not follow written, posted and stated warnings, directions and instructions may be asked to leave the park and may lose their right to future entry.

We may deny admission, or require a guest to leave, without refund, credit or exchange, for failure to comply with any rules or regulations, for unsafe, illegal or offensive behavior, to ensure safety, security or order, or if in our discretion we deem it reasonable or necessary for the safe, secure, clean or family-friendly operation of the park and overall enjoyment of the park by its guests.

New Jersey law permits the park owner/operator to prevent a rider who is perceptibly or apparently under the influence of drugs or alcohol from riding on an amusement ride. Source: N.J.S. 5:3-56.

New Jersey law permits the park owner/operator to refuse admission to the park or any attraction by any patron or other member of the public: (a) whose bearing or conduct might endanger himself/herself or any other patron or other member of the public; (b) whose health or physical condition makes use thereof by him/her unsafe for him/her; or (c) who cannot meet a companion or height or weight restriction for any attraction subject to such a restriction. Source: N.J.A.C. 5:14A-9.33(a), (b), (c).

SAFETY IS A SHARED RESPONSIBILITY. PATRONS MUST:

• exercise good judgment;
• act in a responsible manner;
• act as an ordinary prudent person who is or should be aware of all risks of which the patron has been warned;
• refrain from participating in or on any amusement attraction/ride when under the influence of drugs or alcohol;
• properly use any and all safety equipment required or provided; and
• obey and abide by all written, posted and stated warnings, directions and instructions.

All guests are expected to behave in a family-friendly manner.

All park rules and regulations extend and apply to all areas for vehicular, parking or pedestrian use, traffic, passage, access ingress and egress.

Vehicles must park in designated parking spaces. Buses, other commercial or oversized vehicles and RVs may only park where permitted. Blocking other vehicles is prohibited. Blocking drive/fire lanes is prohibited. Idling is prohibited by state law. Violators may be fined. You must reimburse us for any fine we incur due to any violation by you, anyone in your group/party, or any bus driver or other driver for your group/party.

Outside food and beverages are not allowed into the park except for one clear, unopened bottle of water per guest. Other exceptions are made on a case-by-case basis for baby food, food allergies and medical purposes. Baby food in its original container and baby formula in its original container or in a typical baby bottle may be brought in. Please present these items for inspection at the admission booth / security check. Individuals with food allergies may bring in for themselves a small meal or snack (of products not sold in the park). Please ask for a park manager at the admission booth / security check. Individuals with medical, dietary or nutritional requirements may bring in for themselves their necessary food and beverage products (of products not sold in the park). Please ask for a park manager at the admission booth / security check. Please contact Guest Services in advance of arrival if you have any questions. In all cases:

• Exceptions will not be made for food or beverage requirements based on ethnic or religious beliefs.
• Peanuts or peanut products are prohibited.
• Glass containers are prohibited.
• All outside food must be in plastic containers.

For the health and safety of our visitors and staff, smoking, tobacco products, electric cigarettes and similar products or devices are not permitted anywhere in the park. No illegal substances are permitted anywhere in the park.

We are not responsible for and we do not assume any liability for any loss or theft of or damage to any property or belongings of any guest. We do not assume any liability for anyone's contraction of COVID-19. Exposure to COVID-19 is an inherent risk in any public location. We cannot and do not guarantee that you will not be exposed to COVID-19 during your visit. You enter our premises at your own risk, and you assume all risk, of exposure to COVID-19.

Children under age 13 must be accompanied by a parent, legal guardian, or group leader.

Park admission requires either a valid ticket or valid season pass in addition to a valid wristband. Use of rides and pools is not permitted without a valid wristband.

Photo identification is required for all purchases by credit/debit card purchases and all redemptions of vouchers and other forms of prepaid purchases. Photo identification confirmation to our satisfaction is required. We accept most of the common forms of photo identification such as a driver's license or passport. Photos must be clear. Further identification may be required.

For season passes, depending on the features, benefits, privileges, restrictions, price, season pass term and other terms and conditions of the applicable season pass offering, a season pass is valid for park admission on normal operating days during either the calendar year in which it is purchased or during both the calendar year in which it was purchased plus the subsequent calendar year. For season passes with a specific term of 365 days, that 365-day period starts with activation (typically the first date of use) and ends 365 calendar days thereafter.

Individual season passes are only valid for use by the individual to whom it is issued. Individual season passes are not transferable, interchangeable, or refundable, in full or in part, for any reason. Any season pass used fraudulently may be revoked without refund, credit or exchange. For example, attempting or permitting use of a season pass by a person other than the individual to whom it is issued constitutes a fraudulent use of that season pass and may result in the revocation of that season pass without refund, credit or exchange.

To receive a wristband for admission, season pass holders give their name to the admissions booth or desk, which confirms identification to the season pass holder file photo. Photo identification confirmation to our satisfaction is required. We accept most of the common forms of photo identification such as a driver's license or passport. Photos must be clear. Further identification may be required. Photo identification confirmation is required for adults (18 years of age or older). At the time of their first visit, season pass holders give the admissions booth or desk their name, home address, date of birth, email address and phone number, and have their photo taken for the season pass holder file photo. By providing us with your email address, you consent to our contacting you by email about our products and services, special offers, new rides, events, etc., and for feedback and surveys.

A season pass permits park entry during normal operating days and hours but not for or during special events or private or special parties, for which a separate admission fee is charged, or which are not open to the public generally. A season pass does not include the use of any rides, attractions, activities or facilities for which a separate fee or cost is charged, for example, the Soaring Eagle, seasonal and other in-park activities for which a fee is charged, stroller rental, equipment rental, arcade, games, food and beverage, merchandise, special events and private or special parties.

The features, benefits, privileges, restrictions, price, season pass term and other terms and conditions of season passes offered to or purchased by you or currently being offered may differ from those of other season passes previously offered or sold or later offered or sold. Some season passes may have features, benefits, privileges, restrictions, term and other terms and conditions which are no longer offered, are not currently being offered and are not part of any currently-available or later offering.

Any programs, events, specials, discounts, sales, admission terms or other offers being offered or running, or announced to be offered or to be run at a future time, may be modified, suspended or cancelled at any time with or without notice.

At peak times (e.g., during holidays, weekends, school breaks, summer, and times that overlap with large or a number of parties or special or private events) as well as during other times the number of guests in the park can approach or reach maximum capacity. The park generally operates on a first-come, first-serve basis. At no time do we promise or guaranty that every guest will have access to all attractions, or available seating, a table or any other item or facility. At no time do we promise or guaranty that every guest will have access to The Water Main. We do not promise or guaranty entry on a specific date and we do not accept reservations, except as otherwise provided for parties and groups for which the necessary reservation is made, booked, accepted and paid for in advance, and special events and private or special parties that are scheduled and advertised as an event for which reservations can be made, provided that the necessary reservation is made, booked, accepted and paid for in advance. At certain times, determined in our discretion, we may elect to sell tickets that, at the time of purchase, allow the purchaser to select a date of visit, however, these types of tickets are valid for the season for which they were purchased and may be used on a day other than the selected date of visit; accordingly: (i) that date selection does not constitute a reservation; (ii) we do not promise or guaranty entry on that specific date; and (iii) on the selected date the park or any of it may be closed, for all or part of the day, as described in the next paragraph.

We may from time to time, without prior notice and without refund, credit or exchange: change the operating days and hours of the park or certain attractions, rotate or limit access to certain attractions, or temporarily close the park or any part of it, or restrict the number of persons having access to the park or any part of it, or suspend or cancel any attraction, party or event, in each case, for any reason or purpose including: for maintenance, repair, replacement, improvement or upgrade of attractions or of other facilities, machinery or equipment; for special events and private or special parties; full or partial closure, or capacity or other limits or restrictions including any imposed by governmental order or action; severe or inclement weather or wind; lightning; loss of power, electricity or other necessary utilities or services; in response to police or other governmental order or action; any other circumstance, occurrence or event that we in our discretion determine requires such response(s) or action(s) so as to ensure safety, security or order or for any other reasonable purpose.

We will endeavor to give our newsletter email subscribers advance notice by email of the dates on which the park was scheduled to be open but instead will be closed; nevertheless, park closures may occur without prior notice.

PHOTOGRAPHS AND OTHER IMAGES:

• Commercial or other unauthorized use of any picture, likeness, image, voice or sound of any person, event, act, occurrence or thing in or about the park, by anyone other than us, is prohibited without our express written consent.
• We may photograph, film, video or otherwise copy or capture in any manner any picture, likeness, image, voice or sound of any person, event, act, occurrence or thing in or about the park.
• We may use, display, broadcast, publish, circulate, modify, alter, create any derivative of distribute, transfer, license or sell that for any use or purpose (including any website, newsletter, security, safety, liability, insurance, litigation or commercial use or purpose).
• We may use, distribute, transfer, license, sell, publish, display, broadcast, circulate, modify, alter, frame or create any derivative of any image, voice or sound of any guest or other person in the park for any use or purpose (including any website, newsletter, security, safety, liability, insurance, litigation or commercial use or purpose).
• We retain any and all copyright and other intellectual property rights therein, which rights each guest or other person who enters the park expressly assigns to us, waives and releases.
• We may do any of the foregoing without payment to you or any other person (anyone whose picture, likeness, image, voice or sound are included therein).
• Each time you purchase or use a ticket or season pass or are admitted to or enter or use the park you agree and consent to the above.

1. References herein or incorporated herein to a (I) “rider,” “driver,” “passenger,” “patron,” “visitor,” “guest,” “customer” or “user” and similar references mean and include any individual in the park or who intends or wishes to enter the park or who uses or intends or wishes to use, enter, board or experience any attraction; and (II) “attraction” or “ride” and similar references mean and include all equipment and machinery made available to riders for use for amusement, entertainment and similar purposes, ropes or climbing course, wall, device or structure, and any gravity or fuel based, propelled or powered, or any self-propelled, self-powered or self-operated, or any mechanical, electrical or other, entertainment device, structure or facility, or other recreational facility, or holiday light show, or other show, experience or event, within the amusement areas of the park and all vehicles and other transportation equipment, services, devices, structure and facilities in or that service the park.
2. References herein or incorporated herein to “we” or “our” mean and refer to all park owners, operators and lessees and their respective owners, affiliates, management, managers, officers, employees and agents.
3. References herein or incorporated herein to these Terms and Conditions include all park rules and regulations and height requirements/restrictions and/or weight restrictions incorporated herein by reference (including by reference to or use of an internal link within this website) and made a part hereof and all park rules and regulations and height requirements/restrictions and/or weight restrictions incorporated therein by reference (including by reference to or use of an internal link within this website) and made a part thereof.
4. These Terms and Conditions are subject to revision at any time, from time to time, with or without notice other than posting the revised Terms and Conditions on this website. Each time you purchase or use a ticket or season pass, you thereby acknowledge and agree that you have read, understood, accepted and agreed to be bound by these Terms and Conditions, as then in effect.
5. This website does not include, should not be considered, and shall not be interpreted as a complete and comprehensive statement of all park rules, regulations, policies, guidelines, procedures and similar matters and other information. If you have additional questions, please ask. This website is intended as an overview or guide to assist each guest in the park or who intends or wishes to enter the park or who uses or intends or wishes to use, enter, board or experience any ride or attraction.
6. References herein to a “season pass” mean and include all forms of season passes, memberships, multi-day passes and similar purchases of or means to general admission other than tickets.
7. References herein to a “ticket” mean and include all forms of day tickets, partial-day tickets, special event tickets or admissions, holiday light show or other show, experience or event tickets or admission, group tickets or admissions, birthday party tickets or admissions, Diggerland XL packages and similar purchases of or means to admission other than season passes.