These Terms of Service, together with any incorporated policies and trip-specific documents, form a binding agreement between you and The Playpen Enterprises LLC regarding your access to and use of the Platform.

By accessing the Platform, creating an account, browsing listings, requesting a quote, starting checkout, signing a document, purchasing a booking, purchasing a ticket, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

If you use the Platform on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity. In that case, "you" includes both you and that entity.

We may revise these Terms from time to time. Revised Terms become effective when posted or when otherwise communicated to you. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms.

The following definitions apply in these Terms. Additional defined terms may appear in trip-specific agreements, waivers, or Platform Policies.

Playpen operates a software-enabled marketplace, booking interface, documentation engine, messaging layer, payment coordination layer, and concierge or support service. Except where a separate written agreement expressly states otherwise, Playpen is not the owner, operator, manager, master, employer, carrier, common carrier, crew provider, insurer, marine surveyor, or warrantor of any vessel, captain, crew member, organizer, or provider.

Each booking is tied to one or more counterparties identified in the applicable booking flow, offer page, proposal, charter agreement, or ticketing page. Those counterparties, not Playpen, are responsible for vessel condition, legal operation, crew employment or engagement, service delivery, hospitality performance, event programming, insurance maintained by them, and compliance with the laws that apply to their services.

Playpen may verify documents, collect information, moderate content, suspend participants, require additional paperwork, coordinate payments, and communicate with parties for safety, compliance, or support reasons. These actions do not make Playpen the operator or controller of a vessel or the employer of a captain or crew member.

Any Verified, Signature, Reserve, featured, recommended, preferred, curated, or similar designation on the Platform is a merchandising or experience designation only unless a separate written statement expressly says otherwise. Those designations do not constitute a marine survey, mechanical inspection, seaworthiness certification, legal opinion, or warranty.

Playpen's role on the Platform is limited to:

• marketplace access — listing discovery, search, and pricing display;
• booking coordination — reservation, hold, and confirmation flows;
• documentation tools — waivers, manifests, charter agreements, captain engagement records, and related forms;
• payment coordination — checkout, deposit, balance collection, security-deposit holds, payouts, and refund processing;
• communications and support — messaging, customer support, dispute mediation, and credential verification.

Third-party providers on the Platform — including caterers, photographers, entertainment, water-sports operators, and similar service providers — are independent businesses, not employees, agents, or subcontractors of Playpen. Playpen verifies provider credentials and insurance documentation but does not guarantee the quality, timeliness, or suitability of any provider's services.

You must be at least eighteen years old to create an account on the Platform. Unless a specific workflow expressly allows otherwise, the primary charterer, organizer, or booking holder for a charter booking must be at least twenty-one years old.

You must provide accurate, current, and complete information and promptly update it if it changes. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We may require identity information, contact details, payment information, entity information, or other documentation before allowing you to use certain features. We may refuse service, suspend access, cancel a booking, or withhold payout if required information is incomplete, inconsistent, fraudulent, expired, or otherwise unacceptable.

The Platform supports multiple booking structures. The legal relationships and controlling documents differ by booking mode. You acknowledge that these distinctions are material and that one set of booking facts may not be treated as another set of booking facts merely because payment or messaging occurs through the same Platform.

For a Mode A Charter, the controlling trip document is the commercial captained charter agreement between the charterer and the owner or operator, together with the applicable waiver, manifest, cancellation policy, weather policy, damage policy, and disclosures.

For a Mode B2 Charter, the controlling trip documents are the bareboat charter agreement between the charterer and the owner and the separate captain engagement record between the charterer and the captain, together with the applicable waiver, manifest, cancellation policy, weather policy, damage policy, and disclosures.

For a Mode C Charter, the controlling documents include the applicable event, COI, or private charter agreement and any proposal-specific addenda, together with the applicable waiver, manifest, policies, and disclosures.

If any trip-specific agreement conflicts with these Terms on a matter specific to that booking, the trip-specific agreement controls to the extent of the conflict. On matters not addressed by a trip-specific agreement, these Terms and the Platform Policies control.

Playpen does not assign captains to charters. For Mode B2 bareboat charters, the charterer makes the final selection of the captain, consistent with United States Coast Guard NVIC 7-94. Captains shown on the Platform are suggested based on qualifications and availability.

How captain selection works on Mode B2 charters:

• the Platform may surface suggested captains for a vessel based on qualifications, availability, and compatibility;
• the charterer may select any suggested captain or request another qualified captain from the Playpen network;
• the vessel owner or operator may evaluate a charterer-selected captain against objective vessel-qualification criteria — license scope, route endorsement, experience minimum, vessel checkout, insurance requirement, drug program — but may not force a specific captain on the charterer in a Mode B2 booking;
• the charterer's captain selection is documented in a captain selection evidence log for regulatory purposes.

Partner-hosted ticketed events run on Mode A or Mode C only. Bareboat charters (Mode B1 and Mode B2) cannot host ticketed events: those modes transfer vessel possession, command, and control to the charterer for the charter term, which is incompatible with the ticketed-event structure where attendees pay an event organizer for participation. If you intend to publish a ticketed event, the underlying charter must be confirmed as Mode A or Mode C before tickets go on sale.

Listings, photos, descriptions, amenities, capacities, rates, policies, and availability are supplied or approved by the applicable owner, operator, organizer, or provider and may change. The display of an offer on the Platform is not a guarantee that the offer remains available or legally bookable for your specific requested date, group size, departure point, or service configuration.

A booking is not confirmed until the Platform or the relevant counterparty shows it as accepted or confirmed and any required payment authorization, deposit, documentation, and compliance conditions have been satisfied. A hold, quote, cart, message, or proposal does not guarantee availability unless the Platform expressly states otherwise in writing.

We may correct pricing errors, tax errors, fee display errors, or availability errors before or after a booking request is submitted. If a material error affects your requested transaction, we may cancel the request, request your approval of corrected terms, or provide a refund or reversal if a charge has already been processed.

You authorize Playpen and its payment processors to charge or debit the payment methods you provide for deposits, balances, service fees, taxes, security deposit holds, damage claims that are validly assessed under applicable agreements or policies, add-ons, incidentals, and other amounts you agree to pay.

Unless a trip-specific agreement or checkout screen states otherwise, service fees, taxes, insurance charges, provider charges, and payout flows may be processed through one or more separate payment transactions even if shown together during checkout.

If your booking uses installment payments or off-session payment collection, you authorize the later charge of the balance due when the scheduled payment date arrives or when the triggering condition described in checkout or the applicable agreement occurs.

You agree not to initiate an improper payment dispute or chargeback for a charge that was validly authorized or validly incurred under the applicable agreement or policy. If you do, we may suspend your account, contest the dispute, recover our costs, and offset amounts from future credits, payouts, or refunds otherwise owed to you.

Platform service fee. Playpen charges a platform service fee on charter bookings, currently between ten and thirteen percent of the charter fare plus a twenty-dollar flat fee per booking. The exact fee is calculated and displayed at checkout before booking confirmation. Fee structure and rates may change prospectively for future bookings.

Payment schedule. For standard bookings scheduled more than seven days in advance, fifty percent of the charter total is collected as a deposit at the time of booking, and the remaining balance is collected before departure (typically seven days before scheduled departure). For short-notice bookings within seven days of scheduled departure, one hundred percent of the charter total is collected at the time of booking. Specific timing for a given booking is disclosed at checkout.

Security and damage deposit. A security or damage deposit may be placed as a pre-authorization hold (not a charge) on the renter's payment method, typically forty-eight hours before scheduled departure unless the listing or checkout flow specifies a different timing. The hold is released after the charter if no validly determined damage claim is filed under the Damage Claims Policy. The amount and timing vary by vessel and are disclosed before booking.

Currency, processor, and accepted payment methods. All charter transactions are denominated in U.S. dollars. Payments are processed by Stripe and handled through Stripe Connect for routing to vessel owners, captains, providers, hosted-event organizers, and other counterparties as applicable. Accepted payment methods include Visa, Mastercard, American Express, Discover, Apple Pay, and Google Pay; available methods may vary by booking type, processor configuration, or geography.

Merchant of record. For charter bookings processed on the Platform, Playpen is the merchant of record and your statement reflects "Playpen Chicago" or a similar Playpen descriptor. For partner-hosted ticketed events sold through the Platform, the event organizer is the merchant of record on its connected Stripe account, and your statement reflects the organizer's business name. The applicable merchant of record is identified at checkout.

Tips. Tips for captains, crew, and providers are optional and may be processed through the Platform. Playpen takes no portion of tips: tips pass through in full to the recipient, subject only to processor or payout-provider fees that Playpen does not retain. Tip distribution is governed by the applicable role agreement (Captain Network Agreement; Provider Services Agreement).

Platform fee refunds. The platform service fee is refunded for cancellations initiated by the operator, the captain, or due to weather or other captain-authority safety decisions. The platform service fee is retained by Playpen on cancellations initiated by the renter that fall within the partial-refund or no-refund window of the applicable cancellation policy. The Cancellation and Refund Policy at /cancellation-policy controls the underlying refund matrix.

Damage claims. Damage, missing-equipment, excess-cleaning, overtime, and related claims arising out of a booking are handled under the Damage Claims Policy. Playpen acts as a documentation and mediation layer for damage claims. Playpen is not the insurer of any vessel, captain, charterer, guest, or third party.

Cancellations, reschedules, credits, and refunds are governed by the applicable cancellation policy, weather and safety policy, trip-specific agreement, and any proposal-specific terms shown at booking.

Captains and operators retain final authority over seamanship and safety decisions, including whether to depart, continue, alter route, return early, deny boarding, change timing, or terminate a trip because of weather, mechanical issues, unsafe conduct, or other safety conditions. Playpen does not override onboard safety decisions.

A weather concern raised by a customer does not automatically entitle the customer to cancel without the consequences set out in the applicable policy unless the applicable captain, operator, or policy designates the condition as an unsafe-weather cancellation.

Captain replacement. If the assigned captain cancels, the replacement path depends on booking mode. For bareboat charters (Mode B1 and Mode B2), the charterer chooses a replacement from candidates the Platform surfaces; the operator may evaluate the charterer-selected captain against objective vessel-qualification criteria but may not force a specific captain on the charterer. For captained charters (Mode A), the operator coordinates a replacement. Consistent with Section 5, Playpen does not assign captains to charters.

Available remedies. Available remedies for cancellations under this Section and under the Cancellation and Refund Policy are limited to refund (per the applicable policy), reschedule, alternate-vessel or alternate-date search where the operator, vessel, or weather disruption qualifies, and any captain replacement path described above. Playpen does not issue inconvenience credits or dollar-value credits as a matter of right; any goodwill credit Playpen elects to extend is at Playpen's discretion and does not establish a course of dealing.

Every person who boards or attempts to board a vessel must comply with the applicable manifest, waiver, identification, check-in, and safety requirements. Separate waiver requirements may apply to charterers, passengers, attendees, minors, providers, vendors, and observers.

The booking holder or organizer is responsible for giving accurate guest and attendee information, ensuring timely completion of required documents, and communicating arrival instructions and restrictions to guests and invitees.

No person has a right to board merely because that person is listed on a manifest, has purchased a ticket, or was invited by the booking holder. The applicable captain or operator may deny boarding for safety, capacity, intoxication, missing documentation, rule violations, disorderly conduct, misrepresentation, or any other lawful reason.

Manifest, capacity, and persons-on-board rules apply to all people physically present on the vessel if the applicable agreement or policy so provides, including vendors, photographers, observers, entertainers, and other non-guest persons.

Adult waivers; minors. Each adult passenger (eighteen years of age or older) must sign their own liability waiver before boarding any vessel booked through the Platform. A parent or legal guardian must sign on behalf of any minor passenger. Refusal by an adult to complete a required waiver, or refusal by a parent or guardian to sign on behalf of a minor, may result in denial of boarding for that individual without an individual refund of that passenger's portion of the booking, except as required by applicable law or by the cancellation and refund policy in effect for the booking.

Manifest timing. The passenger manifest must be submitted at least twenty-four hours before scheduled departure unless the booking flow or applicable agreement specifies a different timing. The manifest must accurately list every person who will board the vessel.

No warranty of waiver enforceability. Playpen's waivers are professionally structured liability release forms. Playpen does not represent or warrant that any waiver is enforceable in any specific jurisdiction or against any specific claim — enforceability is subject to the facts and circumstances of each situation and to applicable law, including non-waivable maritime law.

Dual capacity. Every vessel on the Platform is subject to two capacity limits that operate together. The maximum bookable passenger limit is the number of charter guests that may be booked, as determined by the vessel's USCG credential, certificate of inspection, or operating permit. The total safe persons aboard limit is the total number of all persons on the vessel at any time, including charter guests, captain, crew, vendors, host representatives, and any other individuals. Both limits must be observed at all times. Capacity is not subject to event-based, occasion-based, or charterer-requested overrides.

The Platform may offer or facilitate access to optional trip protection, renter coverage, event coverage, or other insurance-related products for certain bookings. Availability, pricing, underwriting, exclusions, and claims handling are determined by the relevant insurer or insurance partner, not by Playpen, unless a separate written insurance-broker or producer disclosure expressly states otherwise.

Unless expressly stated in writing for a specific booking, Playpen does not promise that every booking is covered by the same insurance stack, that an owner or captain maintains any particular level of coverage, or that a claim will be accepted or paid. You are responsible for reviewing the specific coverage offered or disclosed for your booking.

You consent to receive agreements, notices, disclosures, receipts, confirmations, reminders, and other communications electronically, including by email, in-app message, dashboard notice, or text message where permitted. Separate communications preferences may apply to transactional messages and marketing messages.

If a workflow requires an e-signature or acknowledgment, your electronic signature, click-through acceptance, typed name, OTP-confirmed signature flow, or other approved electronic action may have the same legal effect as a handwritten signature, subject to applicable law and any separate e-sign consent provided to you.

Messaging charges from your carrier may apply to text messages. Transactional communications may still be sent when necessary to service a booking, provide safety information, complete a required document, or administer your account, even if you have opted out of marketing messages.

Federal and Illinois e-signature law. Electronic signatures captured on the Platform — including waivers, charter agreements, captain engagement records, manifest acknowledgments, and other Platform documents — are governed by the federal Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001 et seq.) and the Illinois Uniform Electronic Transactions Act (UETA), enacted as Public Act 102-0038 (Illinois Uniform Electronic Transactions Act). By using the Platform, you consent to the use of electronic records and electronic signatures for those documents and acknowledge that an electronic signature has the same legal effect as a handwritten signature, subject to applicable law.

You may not use the Platform to violate law, evade charter regulations, misrepresent group size, arrange illegal or unpermitted passenger-for-hire operations, process off-platform payments for Platform-originated leads, harass or discriminate against others, scrape or copy content or data, interfere with Platform security, or upload false, infringing, defamatory, obscene, or misleading content.

You may not describe a vessel, trip, or event in a way that falsely suggests Playpen owns or operates the vessel, employs a captain, guarantees a specific route or harbor permit, approves an illegal bareboat structure, provides alcohol, or warrants safety or legal compliance beyond what is actually disclosed.

In a Mode B2 booking, you may not use the Platform in a manner that collapses the separate charterer-to-owner and charterer-to-captain relationships. This includes attempts to route a Mode B2 booking into a disguised owner-supplied crew model or public ticketed event model.

Without limiting the general acceptable-use rules above, the following conduct is specifically prohibited and may result in immediate suspension, removal, account termination, claim referral to law enforcement, or any other remedy permitted by these Terms or applicable law:

• soliciting, accepting, or facilitating off-platform payments to circumvent Platform fees, the booking flow, or the documentation flow;
• exceeding or attempting to exceed the vessel's maximum bookable passenger limit or total safe persons aboard limit; capacity is not subject to occasion-based, event-based, or charterer-requested overrides;
• operating a vessel or serving as captain while impaired by alcohol, drugs, or any other intoxicant; permitting an impaired captain to operate;
• creating duplicate vessel listings under different owner accounts for the same vessel, or otherwise structuring listings to evade booking, payout, suspension, or commission rules;
• providing false identity, credential, insurance, vessel-documentation, or compliance information;
• harassing, intimidating, or threatening any Platform participant, captain, crew, provider, or staff member;
• bringing or permitting prohibited items, controlled substances, or unlawful conduct on board, including conduct that violates passenger-vessel, fishing, harbor, or navigation rules.

If you submit reviews, photos, videos, messages, testimonials, comments, descriptions, or other content, you grant Playpen a non-exclusive, worldwide, royalty-free, sublicensable license to host, copy, display, distribute, adapt for formatting, moderate, and use that content for Platform operation, dispute handling, safety, compliance, marketing, and archival purposes, subject to any confidentiality or enterprise restrictions we accept in writing.

You represent that you have the rights needed to provide that content and that the content is accurate and not misleading. We may remove or restrict content at any time for safety, privacy, legal, commercial, moderation, or policy reasons.

If a booking, event, or account is designated as confidential, enterprise, invite-only, or otherwise restricted, you must comply with the confidentiality limitations disclosed for that booking or account. Playpen may suppress reviews, social prompts, public galleries, or public ticketing features for those bookings.

You may not use another user's contact information, passenger information, corporate information, or booking information for an unrelated purpose, including unsolicited marketing, data harvesting, or reputational attacks.

We may investigate conduct, request documentation, place holds, suspend accounts, remove listings or content, deny access, block messages, withhold payouts, or cancel or modify transactions where we reasonably believe there is fraud, chargeback abuse, unsafe conduct, illegal activity, sanctions exposure, harassment, non-payment, document expiration, permit or insurance lapse, or any other material risk to users, regulators, partners, or the Platform.

Our intervention rights exist in addition to any rights held by the owner, operator, captain, insurer, organizer, or payment processor.

Trust and Safety Strike Policy. Patterned conduct that risks safety, integrity, or fair operation of the Platform is documented and adjudicated through the Trust and Safety Strike Policy, which is incorporated into these Terms by reference. The Strike Policy describes the graduated thresholds, evidence-log practice, appeal process, and immediate-suspension authority Playpen uses to respond to repeat or severe conduct.

Except for content you lawfully submit and subject to the licenses granted in these Terms, the Platform, including its software, designs, text, graphics, workflows, forms, policies, trademarks, and compiled data, is owned by Playpen or its licensors and is protected by intellectual property laws.

You receive only a limited, revocable, non-transferable right to use the Platform for its intended purpose. You may not copy, modify, frame, mirror, reverse engineer, decompile, or create derivative works from the Platform except as expressly permitted by law.

To the maximum extent permitted by law, the Platform and all content, workflows, and services provided by Playpen are provided on an "as is" and "as available" basis. Playpen disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement.

Playpen does not warrant that the Platform will be uninterrupted, secure, error-free, accurate, current, complete, or compatible with every device or browser, or that any listing, vessel, captain, operator, provider, harbor permit, weather condition, or insurance product will meet your expectations.

Nothing in these Terms excludes any warranty or remedy that cannot lawfully be excluded.

To the maximum extent permitted by law, Playpen and its managers, members, officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, loss of profits, loss of revenue, loss of goodwill, loss of data, business interruption, or the cost of substitute services arising out of or relating to the Platform, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the aggregate liability of Playpen for claims arising out of or relating to the Platform will not exceed the greater of (a) the total service fees actually retained by Playpen from you in the twelve months before the event giving rise to the claim, or (b) five hundred U.S. dollars.

The limitations in this Section do not apply to obligations that cannot lawfully be limited, to Playpen's fraud or willful misconduct, or to personal injury, death, or other rights where non-waivable maritime or other law requires a different result.

To the fullest extent permitted by applicable law, you (as a renter or charterer using the Platform) shall defend, indemnify, and hold harmless The Playpen Enterprises LLC, its affiliates, and its and their respective managers, members, officers, directors, employees, agents, successors, and assigns (collectively, the "Playpen Indemnitees") from and against any and all third-party claims, demands, suits, actions, investigations, fines, penalties, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of or relating to:

• your breach of these Terms, the Cancellation and Refund Policy, or any booking, charter, or trip-specific document you sign or accept;
• your violation of any applicable law, regulation, ordinance, or third-party right;
• your acts, omissions, negligence, recklessness, willful misconduct, or fraud;
• the acts or omissions of your guests, invitees, attendees, passengers, or any other person you bring on or near a vessel or event;
• manifest inaccuracies, failure to disclose passenger or guest information accurately, or failure to update the manifest as required;
• property damage, excessive cleaning, overtime charges, prohibited items, prohibited substances, unlawful conduct on board, or any attempt to exceed the safe-persons-aboard or capacity limits;
• chargebacks, payment fraud, off-platform circumvention, or any attempt to bypass the Platform's payment, booking, or documentation flows; and
• for bareboat / Mode B2 bookings only, the acts, omissions, negligence, recklessness, or willful misconduct of any captain or crew member separately selected or engaged by you (the charterer) under a B2 Captain Engagement Record or otherwise.

This indemnity does not require you to indemnify the Playpen Indemnitees for, and Playpen does not seek indemnification from you for: (i) defects in or unseaworthiness of an owner-listed vessel; (ii) the negligence, recklessness, or willful misconduct of an operator-supplied or operator-assigned captain on a Mode A commercial captained charter; (iii) any claim to the extent finally determined by a court of competent jurisdiction to have been caused by The Playpen Enterprises LLC's own negligence, gross negligence, or willful misconduct; or (iv) any liability that cannot be shifted, waived, or limited under applicable law, including applicable maritime law (such as non-waivable passenger injury or wrongful-death claims under the Limitation of Liability Act or the Death on the High Seas Act, where those statutes apply by their terms).

If a claim subject to this indemnity is asserted against a Playpen Indemnitee, Playpen will give you prompt written notice of the claim, tender defense to you, and reasonably cooperate in the defense at your reasonable expense. Playpen may participate in the defense at its own expense with counsel of its choice. You may not settle any claim that admits fault by a Playpen Indemnitee, imposes any non-monetary obligation on a Playpen Indemnitee, or fails to fully release the Playpen Indemnitees, without Playpen's prior written consent (not to be unreasonably withheld). If you fail to assume defense promptly, Playpen may defend itself and recover reasonable defense costs and attorneys' fees from you.

This indemnity is in addition to, and not instead of, any insurance coverage you maintain or are required to maintain. Naming Playpen as an Additional Insured on any insurance policy does not relieve you of indemnity obligations under this Section, and this indemnity survives even if insurance coverage is unavailable, denied, exhausted, or insufficient. This Section survives the suspension, termination, expiration, or cancellation of these Terms or any booking, and the completion of any charter.

20.1 Governing Law. These Terms and any dispute between you and Playpen are governed by applicable federal maritime law where maritime law applies. On issues not governed by maritime law, Illinois law applies without regard to conflicts-of-law rules.

20.2 Informal Resolution. Before initiating arbitration or court proceedings, you and Playpen shall attempt in good faith to resolve any dispute informally for at least thirty days. The party initiating the dispute shall send written notice to the other party describing the dispute in reasonable detail and stating the relief sought. Notices to Playpen shall be sent to legal@theplaypen.com or to The Playpen Enterprises LLC, 875 N Michigan Ave Ste 3620, Chicago, IL 60611.

20.3 Individual Arbitration. Except as expressly excluded by Sections 20.6 through 20.8, you and Playpen agree that any dispute arising out of or relating to these Terms, the Platform, or any booking, payment, account, listing, or relationship between us shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules then in effect for consumer disputes, or under the AAA Commercial Arbitration Rules then in effect for non-consumer disputes. The arbitration shall be conducted by a single arbitrator. The arbitration seat is Chicago, Illinois, and may proceed by document submission, telephone, or video where permitted by the AAA rules. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award only individual relief and may not award class, collective, consolidated, or representative relief.

20.4 Class Action Waiver. You and Playpen agree that all dispute resolution between us will proceed only on an individual basis. You waive any right to bring or participate in a class, collective, consolidated, mass, or representative proceeding in arbitration or in court (including any private-attorney-general action to the extent permitted by law). The class action waiver in this Section 20.4 is non-severable from the agreement to arbitrate in Section 20.3 only to the extent that, if a court of competent jurisdiction holds the class action waiver unenforceable as to any specific claim, that specific claim shall be severed from arbitration and adjudicated in court under Section 20.9; the remainder of Section 20.3 remains binding for all other claims.

20.5 Jury Trial Waiver. To the maximum extent permitted by applicable law, you and Playpen waive any right to a trial by jury in any judicial proceeding between us, including any proceeding under Section 20.9 to adjudicate claims excluded from arbitration. This waiver does not apply to any claim or right that cannot be waived under applicable law, including non-waivable maritime-law rights preserved by Section 20.7.

20.6 Small Claims Exception. Either party may bring an individual action in a small-claims court for any dispute or claim within that court's jurisdictional and amount limits, in lieu of the arbitration in Section 20.3. If a party initiates a small-claims action, the small-claims court has exclusive jurisdiction over that claim, and Section 20.3 does not apply to that claim.

20.7 Maritime Personal Injury and Wrongful Death Carve-Out. Section 20.3 (Arbitration) does NOT apply to any claim for personal injury, wrongful death, or other bodily-harm claim that non-waivable maritime law preserves for adjudication in a court of competent jurisdiction, including claims under the Limitation of Liability Act and the Death on the High Seas Act, where those statutes apply by their terms. Nothing in these Terms purports to waive or limit any right that cannot be waived or limited under 46 U.S.C. § 30527 (limitation of vessel-owner liability for personal injury or death of passengers) or under any other applicable maritime law. Excluded claims may be brought in any court of competent jurisdiction that non-waivable law permits.

20.8 Intellectual Property and Injunctive Relief. Notwithstanding Section 20.3, either party may bring an action in a court of competent jurisdiction for (a) infringement, misappropriation, or other violation of intellectual-property rights — including trademark, copyright, trade-secret, and patent claims — and (b) preliminary or permanent injunctive relief or other equitable relief to prevent imminent or ongoing irreparable harm, including emergency relief tied to safety, fraud, account compromise, or sanctions exposure. Seeking such relief in court is not a waiver of arbitration for any other claim that remains arbitrable under Section 20.3.

20.9 Court Venue for Excluded Claims. Any claim excluded from arbitration by Sections 20.6 through 20.8, by any enforceability ruling on Section 20.4, or by any other applicable law shall be brought exclusively in the state or federal courts located in Cook County, Illinois, except where Section 20.7 directs otherwise. Each party consents to personal jurisdiction and venue in those courts.

20.10 Mass Arbitration Coordination. If twenty-five (25) or more substantially similar individual arbitration demands are submitted against Playpen by or with the assistance of the same law firm, group, or coordinated representative within a sixty-day window, the parties agree to the following coordination protocol, which the AAA shall apply: (a) the demands shall be organized into batches of no more than fifty claims each, with each batch staffed by a single arbitrator agreed by the parties or appointed by the AAA; (b) the parties shall select up to ten claims per batch as bellwether matters to be heard first; (c) the remaining claims in the batch shall be stayed pending bellwether outcomes and a good-faith mediation to resolve similarly situated claims; (d) AAA filing and administrative fees for the stayed claims shall not accrue until the stay is lifted, and the AAA case-management approach for mass-claim coordination shall apply. This Section 20.10 is intended to make mass arbitration administrable for both sides; it is not intended to deny any individual the right to an individual arbitration of their claim, and any individual claimant retains the right to opt out of the bellwether mediation and proceed to arbitration on their own claim once their claim's stay is lifted in the ordinary course.

20.11 Severability of This Section. If any portion of this Section 20 is held unenforceable, that portion shall be severed and the remainder of this Section 20 shall continue in full force and effect, except that, as stated in Section 20.4, if the class-action waiver is held unenforceable as to a specific claim, that specific claim shall be severed from arbitration and adjudicated in court.

These Terms, together with the Platform Policies and any applicable trip-specific agreement or disclosure, constitute the entire agreement between you and Playpen regarding the subject matter they cover.

If any provision is held invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

Our failure to enforce any provision is not a waiver of that provision or any other provision.

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, financing, sale of assets, or reorganization.

Sections that by their nature should survive termination or expiration will survive, including sections on payments, chargebacks, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and any accrued rights or obligations.

No third-party beneficiaries. These Terms are solely for the benefit of you and Playpen. Nothing in these Terms creates any third-party-beneficiary right, claim, or remedy in any other person, including any guest, attendee, captain, crew member, owner, operator, provider, organizer, partner, payment processor, insurer, or other counterparty, whether named in these Terms or referenced indirectly.

Force majeure. Neither party will be liable for any failure or delay in performance of any obligation under these Terms (other than payment obligations actually owed) caused by acts of God, severe weather, lake or river conditions, fire, flood, earthquake, pandemic or epidemic and related public-health orders, war, terrorism, insurrection, civil disturbance, riot, strike or other labor disruption, government action or order, regulatory action, harbor or marina closure, vessel detention, port closure, embargo, infrastructure outage, internet or telecommunications outage, payment-network outage, supply chain disruption, cyber-attack, or any other cause beyond the affected party's reasonable control. The affected party shall use reasonable efforts to mitigate and resume performance. This Section does not excuse Playpen, an owner, an operator, a captain, or any other party from performing safety, manifest, waiver, or capacity rules that apply at the time of any actual operation, and it does not override the captain's safety authority under Section 8.

Legal notices to Playpen under these Terms must be sent to the notice address and notice email designated on the Platform or in a specific written agreement. Routine support requests should be sent through the support channels identified on the Platform and do not constitute legal notice.

You consent to receive notices from Playpen electronically. We may send notices to the email address or phone number associated with your account, through the Platform dashboard, or through another reasonable electronic method.