Terms of Play

1. Introduction

1.1 These Terms of Use (also called Terms of Play) govern your access to and use of (i) the Moodswing website, app, and online services; (ii) the in-venue services, experiences, games, food and beverage offerings, events, and other amenities (collectively, the “Services”).
1.2 By making a reservation, purchasing a ticket, entering Moodswing, using the Services, or otherwise accessing the venue or online platform, you agree to these Terms and our Privacy Policy.
1.3 We may modify these Terms from time to time; we will post updates and the “effective date.” Your continued use constitutes acceptance of changes.

2. Definitions

  • “Guest,” “you,” or “user” means any individual using the Services, attending the venue, entering the premises, or accessing the site/app.

  • “Venue” refers to Moodswing’s physical location(s) in Denver and related premises.

  • “Games, experiences, amusements” includes any interactive, mechanical, VR, digital, or other entertainment attractions.

  • “Ticket / Reservation / Booking” refers to any purchase or reservation to access a game, experience, or event.

3. Use of Services & Venue Rules

3.1 Eligibility & Compliance

  • You must be of legal age to use certain Services (e.g. alcohol-related).

  • You agree to follow all posted rules, instructions from staff, safety guidelines, and signage.

3.2 Tickets / Reservations / Entry

  • All tickets/reservations are subject to availability and may require advance purchase.

  • Entry may be refused, or access limited, for noncompliance with rules, intoxication, safety risks, or disruption.

  • No refunds, exchanges, or credits unless expressly permitted by us.

3.3 Conduct & Prohibited Behavior
You agree you will not, among other things:

  • Engage in disruptive, dangerous, abusive, or illegal behavior

  • Vandalize, damage, or misuse venue property, games, or equipment

  • Use the Services or venue for commercial solicitation (without our permission)

  • Interfere with others’ enjoyment, disturb safety, or obstruct staff

  • Bring prohibited items onto the premises (we may maintain a list of banned items)

Violation of these rules may lead to removal, account termination, or legal liability.

3.4 Risks & Assumption of Risk

  • Some experiences may involve physical, mechanical, or immersive elements. Use at your own risk.

  • You acknowledge inherent risks (slips, collisions, malfunctions, etc.).

  • You agree not to hold Moodswing responsible for injuries sustained on site.

4. Purchases, Payments & Refunds

  • All prices are as displayed and include applicable taxes / fees (unless stated).

  • Payment methods must be accepted forms (credit/debit, etc.).

  • We may require a deposit or pre-authorization for certain reservations or experiences.

  • Unless otherwise stated, payments are nonrefundable.

  • If we cancel an event or experience, we may offer a refund, credit, or rescheduling at our discretion.

5. Intellectual Property & Content

  • All content, trademarks, logos, designs, software, and materials used in connection with Moodswing are owned or licensed by us.

  • You may not reproduce, distribute, modify, or create derivative works without permission.

  • If you submit user content (photos, reviews, feedback), you grant us a nonexclusive, royalty-free right to use, display, and reproduce that content for promotional and operational purposes.

6. Disclaimers & Limitations of Liability

  • To the fullest extent permitted by law, Moodswing disclaims all warranties, whether express or implied (merchantability, fitness for purpose, noninfringement).

  • We do not guarantee uninterrupted or error-free operation of Services, or flawlessness of games/experiences.

  • In no event shall we be liable for indirect, incidental, punitive, or consequential damages, lost profits, or loss of data.

  • Our aggregate liability (if any) is limited to the amount you paid to us for the service or experience giving rise to the claim.

7. Indemnification

You agree to indemnify, defend, and hold harmless Moodswing, its affiliates, officers, employees, and agents from any claims, liabilities, damages, costs, or expenses (including legal fees) arising from your breach of these Terms, your negligence, or your misuse of the Services or venue.

8. Termination & Suspension

We may suspend or terminate your access, with or without notice, for violations of these Terms or behavior that we determine poses risk. Termination does not relieve you from obligations (e.g. payment, liabilities, indemnification) accrued before termination.

9. Dispute Resolution; Governing Law

  • These Terms are governed by the laws of the State of Colorado, without regard to conflicts of law.

  • Any disputes shall be resolved in courts located in Denver County, Colorado (or alternative dispute resolution if you prefer arbitration).

  • You waive any jury trial and class action rights, to the extent permitted by law.

10. Miscellaneous

  • Severability: If any provision is invalid, the rest remain in effect.

  • No waiver: Our delay or failure to enforce any right does not waive it.

  • Entire agreement: These Terms and the Privacy Policy constitute the full agreement with respect to the subject matter.

  • Notices: We may send notices via email or posting on the site; you must keep your contact info up to date.