Purchase of Event Tickets Terms & Conditions 

Parties; Scope; Acceptance

Parties. These Terms & Conditions (the "Terms") govern the purchase and use of event tickets and attendance at Dazzling Nights® (the "Event") offered by Memoir Agency LLC ("Memoir," "we," "us," or "our").

Event Description. Dazzling Nights® is an immersive holiday-themed nighttime walking experience through Harry P. Leu Gardens, featuring millions of lights, musical and dance performances, and interactive exhibits. 

Acceptance. By purchasing, receiving, using, or presenting a ticket for entry, and/or by attending the Event, you agree to be bound by these Terms.

Conspicuous Notice. Memoir intends that these Terms, including the Assumption of Risk and Release provisions below, be presented in a clear and conspicuous manner and accepted through an affirmative act.

Definitions

“Claims” means any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs to the extent recoverable under applicable law).

“Inherent Risks” means risks that are integral to, arise from, or are reasonably associated with attending an outdoor nighttime immersive experience in a botanical garden setting, including the specific risks detailed herein.

“Ticketholder” means the person who purchases, possesses, uses, or presents a ticket for entry, and any person admitted using that ticket.

Important Safety Disclaimer; Assumption of Risk (Outdoor Nighttime Environment)

Footwear; Attentiveness. Attendees are urged to wear proper footwear and always remain attentive to ground conditions and surroundings while enjoying the Event. If you have concerns or need assistance at any time, speak to a nearby staff person. 

Assumption of Inherent Risks. You understand and voluntarily assume all Inherent Risks of attending the Event, whether such risks are known or unknown, foreseeable or unforeseeable, and whether arising before, during, or after entry.

Types of Inherent Risks. Without limiting the generality of the foregoing, you acknowledge and assume the risks of:

• Darkness and reduced visibility. Reduced visibility and changing lighting conditions inherent in a nighttime experience, including difficulty seeing steps, edges, obstacles, and changes in terrain.

• Walking surfaces and terrain. Uneven ground, natural surfaces, wet or slippery areas, trip hazards, and other conditions typical of an outdoor garden environment.

• Navigation challenges. Becoming disoriented, taking a wrong turn, or encountering limited visibility in certain areas, including within or around mazes and similar attractions.

• Crowds and guest behavior. Contact with other guests, congestion, sudden stops, and unpredictable conduct of other attendees.

• Light displays and sensory stimuli. Exposure to bright, moving, or flashing lights and amplified or live music performances, which may cause discomfort or trigger symptoms for some individuals.

• Attractions and interactive elements. Risks associated with artificial snow, mazes, slides, bounce houses, and other similar activities offered as part of the Event experience.

• Outdoor environmental conditions. Weather, temperature changes, wind, and other outdoor conditions.

• Natural features. Plants, landscaping features, and other natural elements present in a botanical garden setting.

Personal Responsibility. You agree to exercise reasonable care for your own safety and the safety of those in your care, including by wearing proper footwear, remaining attentive, and seeking staff assistance when appropriate. This allocation of responsibility is intended to clarify that you are knowingly choosing to participate despite the Inherent Risks.

Release of Liability

Release. To the fullest extent permitted by law, you release and agree not to sue Memoir and its owners, officers, directors, employees, contractors, agents, affiliates, and event partners (collectively, the released parties) for Claims arising out of or relating to the Inherent Risks and your attendance at the Event, including Claims based on the ordinary negligence of any Released Party.

Carve-out for Certain Misconduct. Nothing in these Terms is intended to release, waive, or limit liability for deliberate, willful, or malicious injury to persons or property.

No Waiver. If any portion of this Release is determined unenforceable as applied to a particular Claim, the Release will remain enforceable to the maximum extent permitted by law as to all other Claims.

Limitation of Liability

To the fullest extent permitted by law, the Released Parties will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the Event or these Terms. You acknowledge that this limitation of liability is a material part of the bargain for your ability to attend the Event.

Health and Sensory Warning (Flashing Lights; Music)

The Event may include flashing lights and music performances. You are responsible for determining whether attendance is appropriate for you and members of your party in light of any medical conditions, sensitivities, or limitations.

Guest Conduct

Compliance. You agree to comply with posted rules and reasonable instructions from Event staff intended to promote safety and orderly operations.

Removal. Memoir may refuse admission or remove any person whose conduct Memoir reasonably determines creates a safety risk or materially interferes with the Event experience of others.

Minors

If you purchase tickets for or bring a minor to the Event, you represent that you are the minor's parent or legal guardian (or have permission of the parent/legal guardian) and you accept these Terms on the minor's behalf.

Ticketing; Operational Terms

No Guarantee of Conditions. Outdoor nighttime conditions may vary, and certain areas, routes, or elements may be modified for operational or safety reasons.

No Reliance on Oral Statements. You agree that you are not relying on any oral statements inconsistent with these Terms.

Data Sharing

Consent. By purchasing a ticket and agreeing to these Terms and Condition, you hereby consent to the sharing of your personal data as set forth herein. 

Data Subjects; Recipients; Purpose. We may share certain information about Event attendees, customers, and website users with our sponsors, promotional partners, and Event partners for purposes including:

• Measuring the effectiveness of sponsorships or marketing campaigns;

• Tracking ticket purchases, engagement, or event attendance attributable to sponsors;

• Delivering relevant offers, promotions, or experiences related to the event; and

• Analytics and reporting regarding sponsor activations.

Shared Data. Information shared may include categories such as

• Name;

• Email address;

• General geographic location;

• Event attendance data;

• Purchase history; and

• Engagement with promotional campaigns.

Opt-out. You can request that Memoir at any time by emailing your request to privacy@memoiragency.com. 

Text Messaging Terms & Conditions (SMS)

Opt-in and Consent. By providing your phone number and opting in to receive text messages from Memoir, you agree to these text messaging terms and consent to receive recurring automated promotional and personalized marketing text messages (including updates, special offers, and reminders) at the mobile number you provided. 

No Purchase Condition; Frequency. Consent to receive text messages is not a condition of any purchase, and message frequency may vary. 

Opt-out. You can cancel the SMS service at any time by replying stop after which you will receive a confirmation text and no longer receive text messages unless you sign up again. 

Contact. For assistance, reply help or contact tickets@memoiragency.com or 1-833-465-3088. 

Rates; Carriers. Message and data rates may apply, carriers are not liable for delayed or undelivered messages, and delivery is subject to effective transmission from your wireless service provider. 

Mobile Information. No mobile information will be sold or shared with third parties or affiliates for marketing or promotional purposes. 

Changes to SMS Terms. Memoir may modify these Terms at any time by posting updates with a new last updated date, and continued participation after changes constitutes acceptance. 

Website/FAQ References

Additional Information. The website includes Frequently Asked Questions and other pages describing Dazzling Nights and providing ticket links and written descriptions. 

Opt-in/Opt-out Reference. For information regarding opt-in or opt-out for SMS or email, the website directs users to these Purchase of Event Tickets Terms & Conditions. 

Miscellaneous. 

Governing law. These Terms will be governed by Florida law, without regard to conflict-of-law principles.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement. These Terms constitute the entire agreement between you and Memoir regarding ticket purchase and Event attendance and supersede prior or contemporaneous communications on that subject.