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- Dec 13, 2004
New Disneyland Magic Key Terms and Conditions Makes Guests Agree Not to File Lawsuits and More
The class action waiver reads as follows:
YOU AND DISNEY (DEFINED FOR PURPOSES OF THIS BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER TO MEAN WALT DISNEY PARKS AND RESORTS U.S., INC. AND ALL OF ITS AFFILIATES) EACH AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR DISNEYLAND RESORT MAGIC KEY WILL BE RESOLVED BY BINDING ARBITRATION, WITH THE SOLE EXCEPTION OF CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AS SET FORTH BELOW.
YOU ACKNOWLEDGE THAT YOU AND DISNEY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT (WITH THE SOLE EXCEPTION OF CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT AS SET FORTH BELOW) AND THE RIGHT TO A JURY TRIAL. YOU AND DISNEY ALSO AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES. YOU AND DISNEY THEREFORE AGREE TO WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIMS AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION.
Additionally, more clarification has been provided regarding park pass reservations, including the fact that passes may not be available to Magic Key holders while still being available to general ticket holders. The full text can be read below:
“Disneyland Resort Magic Key passes are a limited license to enter Disneyland Resort’s theme parks. To enter a Disneyland Resort theme park, each Magic Key holder is required to have both a theme park reservation and Magic Key pass valid for admission to the same park on the same date they plan to visit. With the purchase of a pass, Magic Key holders become eligible to make park reservations to visit during their pass term. Park reservations for Magic Key holders are limited in number and subject to the availability of park reservations allocated to Magic Key passes as determined by Disney, applicable pass blockout dates, and theme park capacity. Pass blockout dates are dates on which a pass type is not valid for park admission and applicable Magic Key holders may not make or hold any park reservations. A Magic Key pass does not guarantee park entry, even on dates when a pass is not blocked out. Disney allocates daily park reservations among Magic Key passes, other passes and theme park tickets, and therefore makes available to those Magic Key holders eligible to make reservations for a particular day only a portion of the total park reservation capacity. Disney determines the number of park reservations available to Magic Key holders for any date, and Magic Key holders may access only those reservations that Disney makes available to them.
