Effective Date: 02/24/2026
Introduction
These Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to gift cards and electronic gift cards (collectively, “Cards”) issued by Kidlavie (“Company,” “we,” “us,” or “our”). This Agreement is between you (the purchaser, recipient, or holder of a Card) and the Company.
By purchasing, accepting, using, or redeeming a Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, accept, use, or redeem any Card.
IMPORTANT NOTICE: This Agreement contains a binding arbitration clause and a class action waiver in Section 12. By agreeing to these Terms, you and the Company mutually agree that any dispute, claim, or controversy will be resolved through binding, individual arbitration and not in court or through a class action lawsuit or class-wide arbitration. Please read Section 12 carefully.
1. Issuer and Obligor
Cards are issued by Kidlavie. The Company is responsible for the operation and maintenance of the Card program and is the sole legal obligor to you with respect to the Cards. The Company may assign its obligations under this Agreement at any time, in which case the assignee shall become the issuer and sole legal obligor. Any parent, subsidiary, or affiliated entity of the Company (other than the Company itself) bears no responsibility or liability for any Cards, and you hereby release any such entities from any and all liability or claims arising in connection with any Card.
2. Purchasing a Card
Cards can be purchased at participating Kidlavie locations in the United States. Cards may also be purchased online at Kidlavie.club or by texting customerservice@kidlavie.club. Cards may also be available at authorized third-party retailers and distributors.
Cards are not valid and will not be honored if obtained from unauthorized sellers, resellers, or distributors, including through Internet auction sites. The Company reserves the right to set daily purchase limits and to refuse any Card purchase at its discretion.
3. Redeeming a Card
Cards are redeemable only for the purchase of food, beverages, entertainment services, merchandise, and other goods and services at participating Kidlavie locations in the United States. The following restrictions apply to Card redemption:
Cards are not redeemable for the purchase of other Gift Cards. Cards are not redeemable for private events, group event packages, or corporate bookings, unless otherwise specified by the Company. Cards are not redeemable through third-party delivery platforms or online ordering systems operated by third parties. Cards are not credit cards or debit cards. Cards do not earn interest.
If the purchase amount exceeds the remaining Card balance, the cardholder must pay the difference using another accepted form of payment. If the purchase amount is less than the Card balance, the remaining balance will stay on the Card for future use.
4. eGift Cards
The Company’s eGift Card program allows you to purchase and send a virtual Card via email. You may choose the design and dollar value (within certain limits) and complete your purchase using a credit card, debit card, or other accepted electronic payment method. An eGift Card is subject to the same terms and conditions as a physical Card.
The Company is not responsible for eGift Cards that are undeliverable or not received due to an incorrect email address provided by the purchaser, spam filters, firewalls, or other technical issues beyond the Company’s control.
5. Expiration and Fees
Cards do not expire. The funds loaded onto a Card will remain available for use indefinitely.
No fees apply. The Company does not impose any activation fees, service fees, dormancy fees, inactivity fees, or maintenance fees in connection with the Cards. This policy is in accordance with the Credit Card Accountability Responsibility and Disclosure Act of 2009 (the “CARD Act”) [1] and applicable state laws, many of which prohibit or further restrict fees and expiration dates on gift cards [2].
6. Balance Inquiry
You may check the balance on your Card at any time by visiting Kidlavie.club, by texting us customerservice@kidlavie.club, or by asking a cashier or team member at any participating location.
7. Cash Redemption and Refunds
Cards are not refundable and may not be redeemed for cash, except as required by applicable law. Certain states, including but not limited to California, Colorado, Connecticut, Maine, Massachusetts, Montana, New Jersey, Oregon, Rhode Island, Vermont, and Washington, require merchants to redeem gift cards for cash when the remaining balance falls below a specified threshold (often $5 or $10, depending on the state) [3]. If you reside in a state that requires cash redemption and your Card balance is at or below the applicable threshold, you may request a cash refund by contacting our Guest Services team or visiting a participating location.
8. No Resale or Transfer for Value
Cards may not be resold, transferred for value, or distributed for commercial purposes without the prior written consent of the Company. The Company reserves the right to refuse to honor any Card that has been resold or transferred for value in violation of this provision. Cards may be given as gifts at no additional charge.
9. Lost, Stolen, or Damaged Cards
Please treat your Card like cash. The Company is not responsible for lost, stolen, or damaged Cards, or for any unauthorized use of a Card. The value of any lost, stolen, or damaged Card, or any Card used without authorization, will not be replaced or replenished unless the Company, in its sole discretion, determines that replacement is warranted based on proof of purchase or other evidence. If you suspect that your Card has been lost, stolen, or compromised, please contact our Guest Services team immediately at customerservice@kidlavie.club
10. Fraud
The Company reserves the right to refuse to honor, deactivate, or cancel any Card if the Company suspects, in its sole discretion, that the Card was obtained, loaded, or used fraudulently, unlawfully, or otherwise in violation of this Agreement. The Company may also cooperate with law enforcement authorities in the investigation and prosecution of any suspected fraud.
11. Limitation of Liability
KIDLAVIE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH A CARD EXCEED THE FACE VALUE OF THAT CARD. IF A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE COMPANY’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
12.1 Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the purchase, use, or redemption of any Card (collectively, “Disputes”) will be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.
12.2 Arbitration Rules. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. Information about the AAA and its rules is available at www.adr.org. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
12.3 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.
12.4 Opt-Out. You may opt out of this arbitration provision by sending written notice to the Company at customerservice@kidlavie.club within thirty (30) days of your first purchase or acceptance of a Card. If you opt out, the remaining provisions of this Agreement will continue to apply.
12.5 Governing Arbitration Law. This arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.
13. Governing Law
Except as provided in Section 12 (which is governed by the Federal Arbitration Act), this Agreement and any Disputes arising under it shall be governed by and construed in accordance with the laws of the State of [Your State, e.g., Delaware], without regard to its conflict of law principles. To the extent that any claim or dispute is not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts where Kidlavie located
14. Unclaimed Property (Escheatment)
Unredeemed Card balances may be subject to applicable state unclaimed property (escheatment) laws. The Company will comply with all applicable escheatment requirements. If your Card balance is reported and remitted to a state as unclaimed property, you may be able to reclaim the funds by contacting the appropriate state unclaimed property office [4].
15. Modifications to This Agreement
The Company reserves the right to modify this Agreement from time to time in its sole discretion. The most current version of this Agreement will be posted at [www.yourwebsite.com/giftcard-terms]. Your continued use of a Card after any modification constitutes your acceptance of the revised Agreement. Notwithstanding the foregoing, in accordance with federal law, the fees and terms and conditions of expiration disclosed to you prior to purchase may not be changed after purchase to your detriment [1].
16. Privacy
Our Privacy Policy is incorporated into this Agreement by reference. Please read our Privacy Policy at www.kidlavie.club/policies] to understand how we collect, use, and disclose information about our customers.
17. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
18. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company with respect to the Cards and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the Cards.
19. Contact Information
If you have any questions about this Agreement or your Card, please contact us: customerservice@kidlavie.club and kidlavie.club/contact/
