Terms and Conditions
Last updated January 14, 2026
PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BECAUSE THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GEORGIA AQUARIUM, INC. (“WE,” “US,” OR “OUR”) AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THESE TERMS APPLY TO YOUR USE OF OUR WEBSITE(S) AND MOBILE APPLICATION(S), INCLUDING THE TEXTS, GRAPHICS, VIDEOS, IMAGES, AND OTHER MATERIALS OR SERVICES PROVIDED THROUGH THEM, AS WELL AS INTERACTIONS WITH US ONLINE (COLLECTIVELY, THE “ONLINE SERVICES”), PURCHASE OF TICKETS (AS DEFINED BELOW) FROM US, AND VISIT TO US OR INTERACTION WITH US RELATED TO SUCH PURCHASE (COLLECTIVELY, TOGETHER WITH THE ONLINE SERVICES, THE “SERVICES”). THESE TERMS CONTAIN AN ARBITRATION AGREEMENT BELOW REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ARBITRATION. BY USING THE SERVICES, YOU ARE AUTOMATICALLY AGREEING TO, AND SHOWING THAT YOU HAVE READ AND UNDERSTOOD, THESE TERMS. YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR CONTINUED ACCEPTANCE OF THESE TERMS.
We may update these Terms from time to time. If we change these Terms, we will post the revised Terms on the Online Services or notify you. All changes we make will be effective on the “Last updated” date on the updated Terms. If you continue to use the Services after we post the updated Terms, you are accepting our changes to these Terms. Please check these Terms regularly so that you are aware of any changes. We also have the right, but not the obligation to, update, suspend, or termination all or any part of the Services.
Part A: Provisions Applicable to the Online Services
1. Eligibility for Online Services
The Online Services are offered only to users who are eighteen (18) years or older and have accepted these Terms. By using the Online Services, you represent and warrant to us that you meet these eligibility requirements.
2. License and Restrictions
2.1. License of the Online Services. Subject to these Terms, we grant you a limited, non-exclusive, personal, freely revocable, non-transferable, and non-sublicensable license to access and view the Online Services.
2.2 License of the Georgia Aquarium Marks. Subject to these Terms and our prior express written consent, we may allow you to use our name, logos, colors, or graphics (collectively, the “Georgia Aquarium Marks”) in compliance with our Logo Guidelines, as updated from time to time, and subject to any additional conditions and restrictions imposed by us. To request our consent for your use of the Georgia Aquarium Marks, please email marketing@georgiaaquarium.org with proposed artwork or proof in a JPG or PDF format.
2.3. Proprietary Rights. Title, ownership rights, and intellectual property rights to the Online Services and Georgia Aquarium Marks will remain in and with us, our licensors, or our licensors’ assigns. The Online Services, Georgia Aquarium Marks, as well as the selection, assembly, and arrangement of any elements comprising the foregoing, are protected by intellectual property laws and international treaties. All trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Online Services or Georgia Aquarium Marks are owned or licensed by us. These Terms strictly prohibit you from using any of our intellectual property except as expressly provided in these Terms. We reserve all rights except as expressly granted in these Terms. We will enforce our intellectual property rights to the fullest extent of the law.
2.4. Licensed and Not Sold. You acknowledge and agree that we (or our licensors) are providing the Online Services or Georgia Aquarium Marks under limited license to you and not selling any portions of the Online Services or Georgia Aquarium Marks to you. You have the right to use the Online Services or Georgia Aquarium Marks in accordance with these Terms, including any additional terms, conditions, or restrictions referenced in these Terms, but you do not gain any ownership interest in or any other rights to the Online Services or Georgia Aquarium Marks under these Terms.
2.5. Restrictions. You may use the Online Services or Georgia Aquarium Marks only for lawful purposes and in accordance with these Terms and applicable law. Without limiting the generality of the foregoing, you may not:
a. Use the Online Services or Georgia Aquarium Marks in any way that violates any applicable federal, state, local, or international law or regulation;
b. Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works of, publish, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, transfer, or otherwise use or exploit the Online Services or Georgia Aquarium Marks in any way not specifically permitted by these Terms or our prior, express, written consent;
c. Obscure or modify any copyright, trademark, or any other intellectual property notice on the Online Services or Georgia Aquarium Marks;
d. Monitor, gather, copy, or distribute the Online Services or Georgia Aquarium Marks by using any robot, “bot,” spider, scraper, crawler, spyware, engine, or any other automatic device, utility, or manual process;
e. Use the Online Services or Georgia Aquarium Marks for the maintenance, improvement, or development of any software program, including, without limitations, training machine learning or artificial intelligence systems;
f. Use the Online Services or Georgia Aquarium Marks to impersonate or attempt to impersonate us, our employee, another user, or any other person or entity;
g. Use the Online Services to send any promotional material, including any junk mail or spam;
h. Use the Online Services to engage in any conduct that interferes with anyone’s use or enjoyment of the Online Services;
i. Use the Online Services in any way that could disable, overburden, damage, or impair the Online Services;
j. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
k. Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Online Services, the server that stores the Online Services, or any server, computer, or database connected to the Website; or
l. Otherwise attempt to interfere with the proper working of the Online Services.
3. Reliance on Information Posted
We provide the Online Services solely for general information purposes and do not warrant the accuracy, completeness, or usefulness of them. Please note the Online Services are not necessarily complete or up to date, and we are not obligated to keep or update any part of the Online Services. Any reliance you place on the Online Services is strictly at your own risk. The Online Services may include materials that third parties provide. All statements or opinions that third parties express are solely the opinions and the responsibility of the person or entity providing those statements or opinions. These third-party materials do not necessarily reflect our opinion, and we are not responsible or liable to you or any third party, for the content or accuracy of any materials that third parties provide.
4. Your Account
The Online Services may allow you to create an account. You must (a) provide true, accurate, current, and complete information about yourself to set up an account on the Online Services, (b) promptly update your account information to keep it true, accurate, current, and complete, and (c) not use anyone else’s account or login information. You are entirely responsible for keeping your login information confidential. You must let us know immediately in case of any unauthorized use of your account or any other breach of your account’s security. You may be liable for losses we or others incur from someone else using your account because you failed to keep your login information secure.
5. DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that any materials available through the Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove them or block access to them. If you believe in good faith that someone has wrongly submitted a notice to us under this Section 5, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements the DMCA imposes. Please visit https://www.copyright.gov/ for details.
Part B: Service-Specific Provisions
6. Membership Terms and Conditions
6.1. Membership Overview. You have an option to, but are not required to, purchase a membership with us (“Membership”) to receive certain benefits as further described in https://www.georgiaaquarium.org/membership/.
6.2. Purchasing a Membership. You must be eighteen (18) years or older and have an account with us to purchase the Membership. By purchasing a Membership, you represent and warrant to us that you meet these eligibility requirements. You can find the fee for the Membership (the “Membership Fee”) at https://www.georgiaaquarium.org/membership/, which is subject to change. By purchasing a Membership, you agree to pay the Membership Fees and any other fees, charges, and taxes disclosed to you. All applicable fees, charges, and taxes will be displayed to you during the purchase process; it is your responsibility to review them prior to purchase. By submitting an order to purchase a Membership, you accept all such fees, charges, and taxes. Your designated payment method will be charged at the time of purchase for all such fees, charges, and taxes. By purchasing a Membership, you authorize and accept all such amounts. You agree that we may re-submit a transaction for processing one or more times if the transaction for the Membership is declined or returned.
6.3. Important Information About the Membership.
a. The Membership is personal to you, non-transferable, and non-refundable. Membership benefits may not be used for commercial purposes, including for the purchase of merchandise with the intent of reselling it. The Membership may not be redeemed for cash.
b. Membership benefits are determined solely by us and are subject to changes, restrictions, and exclusions without notice. Our on-site attractions, restaurants, entertainment, products, and other offerings may be modified or limited in capacity or availability and are subject to change, closure, cancellation, or discontinuance without notice.
c. You must present a valid government-issued photo ID at the time of purchase to receive any discounts provided through the Membership. Further identification may be required.
d. From time to time, select third parties may also offer benefits in connection with the Membership; those third-party benefits are solely the responsibility of those third parties without any liability to us.
e. The discounted parking benefit is subject to parking availability, as determined in our sole discretion and valid for standard parking for one standard vehicle per day at select paid lot(s) as determined in our sole discretion. Oversized vehicles, preferred parking spaces, and valet services are not included.
f. The Membership Fee is tax deductible to the extent permitted by applicable law; any descriptions provided by us through the Services about the tax deductibility of the Membership Fee are solely for general information purposes and do not constitute legal advice. Please consult a qualified tax professional.
7. Ticketing Terms and Conditions
7.1. Tickets Overview. Any individual three (3) years or older (“Guest”) must purchase or otherwise obtain a ticket (“General Admission Ticket”) to enter Georgia Aquarium. Each General Admission Ticket grants one Guest an admission to all galleries, special exhibitions, and presentations at Georgia Aquarium unless expressly stated otherwise. Admission to our on-site attractions, entertainment, products, and other offerings other than our galleries, special exhibitions, and presentations (collectively, “Add-Ons”) require separate tickets (“Add-On Tickets,” and together with General Admission Tickets, “Tickets”) as designated in our sole discretion.
7.2. Purchasing a Ticket. Each person purchasing a Ticket (“Purchaser”) must be eighteen (18) years or older. Tickets for any Guest under eighteen (18) years of age must be purchased by a Purchaser who is eighteen (18) years or older on behalf of the Guest. By purchasing a Ticket, you (a) represent and warrant to us that you are eighteen (18) years or older and, if you are purchasing the Ticket for another Guest, accepting these Terms on behalf of the Guest, and (b) agree to pay the Ticket fees and any other fees, charges, and taxes disclosed to you. All applicable fees, charges, and taxes will be displayed to you during the purchase process; it is your responsibility to review them prior to purchase. By submitting an order to purchase a Ticket, you accept all such fees, charges, and taxes. Your designated payment method will be charged at the time of purchase for all such fees, charges, and taxes. By purchasing a Ticket, you authorize and accept all such amounts. You agree that we may re-submit a transaction for processing one or more times if the transaction for the Ticket is declined or returned.
7.3. Important Information About the Tickets and Visits to Georgia Aquarium.
a. Tickets are personal to each Guest and non-transferable. Tickets are non-refundable unless cancelled by us, provided that no refund will be due for any cancellation caused by the Guest’s or Purchaser’s breach of these Terms. We are not responsible for lost or stolen Tickets. Tickets may not be used for commercial purposes, including for resale, contest, sweepstakes, or giveaways, without our prior express written consent. Tickets may not be redeemed for cash.
b. Subject to limitations provided at the time of purchase, Tickets may be rescheduled provided that a request for rescheduling occurs at least twenty-four (24) hours prior to the original scheduled entry time. A non-refundable processing fee will apply to all rescheduling requests. Rescheduling is subject to availability and cannot be guaranteed for specific dates or times. All rescheduling requests must be submitted by calling us at (404) 581-4000 or emailing hospitality@georgiaaquarium.org.
c. Our on-site attractions, restaurants, entertainment, products, and other offerings may be modified or limited in capacity or availability and are subject to change, closure, cancellation, or discontinuance without notice.
d. Any Guest under thirteen (13) years of age must be accompanied by another Guest eighteen (18) years or older at all times during his or her visit to Georgia Aquarium.
e. All Guests must arrive within one (1) hour of the selected entry time for the Tickets. Guests who arrive late may be denied entry to Georgia Aquarium. In such cases, Guests will not be entitled to any refund or other compensation.
f. All Guests and their bags are subject to search and security checks; no guns, knives, lighters, matches, or fishing poles are permitted inside Georgia Aquarium.
g. All strollers must be no larger than 29” (72 cm) in width and 52” (132 cm) in length. Wagons, wagon strollers, push cars, jogging strollers, and ride-ons are not permitted. Guests that need to utilize specialty strollers or wagons for medical or sensory purposes are exempt from the foregoing restrictions.
h. Guests may take photographs and videos for their personal use during their visit to Georgia Aquarium, subject to applicable signages prohibiting photographs, prohibiting the use of flashlights, or other restrictions provided at Georgia Aquarium. Taking photographs or videos for commercial purposes requires our express prior written consent. Please contact Public Relations at pr@georgiaaquarium.org for more information.
i. All Guests must comply with our Code of Conduct, as updated from time to time.
7.4. Health and Safety. To reduce the spread of or the risk of contracting certain infectious diseases, such as SARS-CoV-2 (COVID-19), we may adopt health and safety rules and protocols that Guests must agree to abide by in order to enter Georgia Aquarium. We will endeavor to notify you of any such rules and protocols that are adopted. You will be responsible for notifying associated Guests of such rules and protocols. Guests may also be required to adhere to health and safety rules and protocols imposed by any other authorities responsible for ensuring health and safety within Georgia Aquarium, including local or state authorities or the United States. You are solely responsible for ensuring that you and associated Guests remain aware of, and in adherence of, all such rules and protocols. Guests who refuse to comply with any of such health and safety rules or protocols may be denied entry to, or removed from, Georgia Aquarium. In such case, Guests will not be entitled to any refund or other compensation.
7.5. Assumption of Risk and Waiver.
a. You, on behalf of yourself and associated Guests, understand and agree that there are certain risks of personal or property injury, damage, loss, illness, or death associated with visiting Georgia Aquarium. By purchasing or using a Ticket or entering Georgia Aquarium, you, on behalf of yourself associated Guests, (a) expressly assume all such risks and dangers, whether they occur before, during, or after the visit to Georgia Aquarium, and (b) agree that we, or our officers, directors, employees, suppliers, vendors, agents, subcontractors, representatives, licensors, or partners (collectively, the “Georgia Aquarium Parties”) are not responsible for any such risks and dangers. Such risks and dangers include but are not limited to: (x) dangers associated with live animals, (y) incidents associated with crowds of people, including the negligent or intentional conduct of other Guests, and (z) risks related to exposure to any illness, sickness, bacteria, virus, or disease, including but not limited to the novel coronavirus SARS-CoV-2 (COVID-19).
b. YOU, ON BEHALF OF YOURSELF, ASSOCIATED GUESTS, AND PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, AND NEXT OF KIN OF YOU AND ASSOCIATED GUESTS, HEREBY FOREVER WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NOT TO SUE THE GEORGIA AQUARIUM PARTIES WITH RESPECT TO ANY KNOWN OR UNKNOWN CLAIMS, LOSSES, DAMAGES, LIABILITY, DEMANDS, ACTIONS, BODILY INJURIES, SICKNESS, OR DEATH, INCLUDING CLAIMS IN LAW OR EQUITY, THAT ARISE OR MAY ARISE IN CONNECTION WITH, IN RELATION TO, OR INCIDENTAL TO THE USE OF A TICKET, TRAVEL TO OR FROM GEORGIA AQUARIUM, OR ACTIVITIES ARRANGED, PROMOTED, OR SPONSORED BY THE GEORGIA AQUARIUM PARTIES (COLLECTIVELY, “CLAIMS”).
c. YOU, ON BEHALF OF YOURSELF AND ASSOCIATED GUESTS, FURTHER (A) ACKNOWLEDGE AND AGREE THAT THIS WAIVER APPLIES TO CLAIMS MAY NOT BE KNOWN OR SUSPECTED TO EXIST AND (B) KNOWINGLY AND VOLUNTARILY WAIVE SUCH RIGHTS, INCLUDING THOSE UNDER CALIFORNIA CIVIL CODE SECTION 1542 (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
d. You, on behalf of yourself and associated Guests, agree that (a) this Section 7.5 is intended to be a binding and full waiver of Claims and release of liability with respect to any Claim that may arise out of or during use of a Ticket or visit to Georgia Aquarium and (b) the acknowledgement and express assumption of risk, waiver of Claims, and release of liability included in this Section 7.5 is intended to be as broad and inclusive as is permitted by law.
7.6. Media Release.
a. You, on behalf of yourself and associated Guests, acknowledge and agree that you and associated Guests have no expectation of privacy with regard to your or their actions or conduct at all publicly accessible or viewable areas at or within Georgia Aquarium (collectively, “Public Areas”), including galleries, exhibit halls, common walkways, seating areas, and any other spaces open to the general public or our personnel. For clarity, Public Areas do not include designated private areas such as bathrooms and locker rooms.
b. You, on behalf of yourself and associated Guests, expressly agree to being photographed, filmed, videotaped, identified, or otherwise recorded by us in Public Areas.
c. You, on behalf of yourself and associated Guests, hereby grant us a perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use your and associated Guests’ name, image, likeness, voice, actions, and statements in connection with any live or recorded audio, video, photographic display, broadcast, or other transmission, exhibition, publication, or reproduction for any purpose and for the maximum duration permitted under the applicable laws, in any manner, in any medium or context now known or hereafter developed and whether such use is commercial or non-commercial, in relation to the direct or indirect promotion of Georgia Aquarium, without further authorization from, notice to, or compensation to, you or associated Guests.
7.7. Additional Terms. Your Tickets may include additional terms, which are incorporated into these Terms by reference. In case of any conflict between such additional terms on your Tickets and the main body of these Terms, the main body of these Terms will govern.
8. Add-On Terms and Conditions
8.1. Additional Terms for Add-Ons. Any Guest who participates (the “Participation”) in the Add-On (“Participant”) must purchase or otherwise obtain an applicable Add-On Ticket. Add-On Tickets do not grant Participants admission to Georgia Aquarium; General Admission Tickets must be purchased separately. Notwithstanding anything to the contrary in these Terms, Participants for the following Add-Ons are subject to the following additional terms and conditions:
a. Harbor Seal Encounter.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Animal Interactive Waiver before the Participation.
ii. Participants must be seven (7) years or older, and Participants under sixteen (16) years of age must be accompanied by another Participant eighteen (18) years or older.
b. Dolphin Encounter.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Dolphin Waiver before the Participation.
ii. Participants must be seven (7) years or older, and Participants under sixteen (16) years of age must be accompanied by another Participant eighteen (18) years or older.
iii. Participants experiencing respiratory issues, including coughing, sneezing, or runny nose, must wear a mask covering their nose and mouth during the entire duration of the Participation.
iv. No personal photography or videography is allowed at any time during the Participation.
c. Penguin Encounter.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Animal Interactive Waiver before the Participation.
ii. Participants must be seven (7) years or older, and Participants under sixteen (16) years of age must be accompanied by another Participant eighteen (18) years or older. A Participant eighteen (18) years or older may not be responsible for more than three (3) accompanying Participants under sixteen (16) years of age.
iii. Participants experiencing respiratory issues, including coughing, sneezing, or runny nose, must wear a mask covering their nose and mouth during the entire duration of the Participation.
iv. No personal photography or videography is allowed at any time during the Participation.
d. Sea Otter Encounter.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Animal Interactive Waiver before the Participation.
ii. Participants experiencing respiratory issues, including coughing, sneezing, or runny nose, must wear a mask covering their nose and mouth during the entire duration of the Participation.
e. Sea Lion Encounter.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Animal Interactive Waiver before the Participation.
ii. Participants experiencing respiratory issues, including coughing, sneezing, or runny nose, must wear a mask covering their nose and mouth during the entire duration of the Participation.
iii. No personal photography or videography is allowed at any time during the Participation.
f. Dive with Gentle Giants.
i. Participants must have an Open Water or higher-level scuba certification. Proof of certification from a recognized national or international dive agency must be shown in person before the program begins. Try Scuba or introductory cards, such as PADI “Scuba Diver,” SSI “Basic Diver,” or NAUI “Scuba Discovery,” are not accepted.
ii. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Dive Waiver before the Participation.
iii. Participants must be twelve (12) years or older, and Participants under eighteen (18) years of age must be accompanied by another Participant eighteen (18) years or older. A Participant eighteen (18) years or older may not be responsible for more than one (1) accompanying Participant under fifteen (15) years of age or seven (7) Participants between fifteen and seventeen (17) years of age.
iv. No personal photography or videography is allowed at any time during the Participation.
v. A rescheduling request made within fourteen (14) days of the original date of the Participation will incur a non-refundable fee of $50 in addition to the processing fee stated above in Section 7.3.b.
g. Swim with Gentle Giants.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Swim Waiver before the Participation.
ii. Participants must be twelve (12) years or older, and Participants under eighteen (18) years of age must be accompanied by another Participant eighteen (18) years or older. A Participant eighteen (18) years or older may not be responsible for more than one (1) accompanying Participant under fifteen (15) years of age or seven (7) Participants between fifteen and seventeen (17) years of age.
iii. No personal photography or videography is allowed at any time during the Participation.
iv. A rescheduling request made within fourteen (14) days of the original date of the Participation will incur a non-refundable fee of $50 in addition to the processing fee stated above in Section 7.3.b.
h. Beluga Encounter.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Beluga Waiver before the Participation.
ii. Participants must be seven (7) years or older, and Participants under sixteen (16) years of age must be accompanied by another Participant eighteen (18) years or older. A Participant eighteen (18) years or older may not be responsible for more than one (1) accompanying Participant under sixteen (16) years of age.
iii. No personal photography or videography is allowed at any time during the Participation.
i. Shark & Ray Interaction.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Shark & Ray Waiver before the Participation.
ii. No personal photography or videography is allowed at any time during the Participation.
j. Sleepover / Sleep Under the Sea.
i. Participants eighteen (18) years or older must sign, and all Participants under eighteen (18) years must have their parent or legal guardian sign on their behalf, the Sleepover Waiver before the Participation.
9. Text Messaging Program Terms and Conditions
9.1. Program Overview. These Text Messaging Program Terms and Conditions applies if you have opted in to our text messaging program and may include both short message service (“SMS”), multimedia message service (“MMS”), and rich communication service (“RCS”) functionality. When you opt in to our text messaging program, you understand and agree that the remainder of these Terms is incorporated into, and become part of, these Text Messaging Program Terms & Conditions, which collectively contain an arbitration agreement, jury and class action waivers, limitations on our liability, and other provisions that affect your legal rights regarding our text messaging program.
9.2. Consent. By providing your mobile number and opting in where required, you consent to receive recurring text messages (SMS/MMS/RCS) at the mobile number you provide using automated technology from us and our authorized messaging partners. Your consent is not a condition of any purchase or service.
9.3. Message Frequency. The number of messages you receive may vary. Transactional messages are sent as needed. Promotional message volume is limited (up to fifteen (15) messages per month) and will generally relate to our programs, events, or offers.
9.4. Message & Data Rates. We do not charge you for our text message program, but your mobile carrier’s message and data rates may apply. To participate in our text messaging program, you must have a text messaging enabled mobile device with a current text messaging plan. Please contact your mobile carrier for information about your text messaging plan. All related charges and fees are billed by and payable to your mobile service provider. Your mobile carrier may impose message or charge limitations on your account that are outside our control.
9.5. Using the Program. You can opt out of our text messaging program at any time by replying “STOP” to any text. For help or more information, reply “HELP” or contact us at hospitality@georgiaaquarium.org. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving text messages, you may still receive marketing email messages if you’ve opted in to receiving them.
9.6. Third-Party Providers & Data Use. We may use third-party providers to deliver text messages on our behalf. These providers abide by confidentiality and privacy commitments and are only permitted to use data to fulfill messaging on our behalf. We will not sell or rent your phone number for marketing by other organizations without your explicit consent.
9.7. Security & Retention. We use industry-standard security practices to protect your information. We retain phone numbers and SMS consent records while you remain opted in, and delete or anonymize data when you request removal, subject to legal and operational requirements.
9.8. No Warranty or Liability. We do not guarantee message delivery, speed, or service availability, and we are not liable for delays, omissions, or errors in transmission. Carriers are not responsible for undelivered or delayed messages.
Part C: Provisions Applicable to All Services
10. Your Information
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you agree that we may collect, use, and retain your information as described in our Privacy Policy. We are not liable for retention or deletion of your information.
11. Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE SERVICES ARE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED, OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO USE OF THE SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU IN WHOLE OR IN PART, TO THE EXTENT THAT ANY SUCH LEGAL LIMITATION APPLIES TO YOU.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE GEORGIA AQUARIUM PARTIES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF THE GEORGIA AQUARIUM PARTIES UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND IN SUCH CASE, THE GEORGIA AQUARIUM PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to release, discharge, defend, indemnify, and hold harmless the Georgia Aquarium Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Services, your breach of these Terms, or any Georgia Aquarium Parties’ use of any rights or authorization you grant.
14.1. Binding Arbitration. Subject to Section 14.2, you and us each hereby irrevocably submit all disputes, controversies and claims arising from or concerning these Terms, any additional terms, conditions, or policies referenced in these Terms, your use of the Services, any transactions made through or in relation to the Services, or the relationship between you and us (whether grounded in contract, tort, statute, law, or equity) (collectively, the “Disputes”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential.
14.2. Pre-Arbitration Notice and Informal Resolution. Before initiating arbitration, the party seeking relief must first provide written notice of the Dispute to the other party and engage in a good-faith effort to resolve the Dispute informally. The notice must provide (a) a detailed description of the Dispute; (b) your or our name and contact information (address, telephone number, email address, and account number if applicable); (c) sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and (d) a detailed description of: (i) the nature and basis of the Dispute and any claims; and (ii) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by our representative (and our attorney if we are represented by legal counsel). If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have our representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within sixty (60) days of receipt of the notice (which can be extended by the agreement between you and us), either party may initiate arbitration. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration. Any applicable limitations period (including statutes of limitations) shall be tolled while you and us engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and you and we agree that any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
14.3. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or these Terms, then the conflicting provision of these Terms shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence, and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this Section 14 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
14.4. Arbitration Process, Location, and Procedures. The party initiating the arbitration proceeding shall serve a written notice of arbitration on the other party in accordance with the JAMS Rules. All arbitration Dispute must be filed in Fulton County, Georgia, and must include a sworn declaration that the claimant is proceeding in their individual capacity and not as part of a coordinated or mass filing. The arbitration shall be held in Fulton County, Georgia. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of these Terms and shall be bound by applicable law.
14.5. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for the arbitrator’s decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under these Terms or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the parties who have been served with proper written notice of the arbitration proceeding as required by this Section 14. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Georgia, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.
14.6. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under these Terms or applicable law.
14.7. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to these Terms or applicable law), you and we each hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state courts of Fulton County, Georgia, and the United States federal courts in the Northern District of Georgia, Atlanta Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
14.8. Waiver of Jury Trial and Class Action. UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 14 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION”. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), YOU AND WE AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF. Regardless of whether a particular Dispute is subject to arbitration or litigation, and to the fullest extent permitted by law, you and we each hereby waive the right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding, or to name unnamed members in any purported class action or other proceeding. If a party initiates arbitration in violation of the class or mass arbitration waiver, that party shall be responsible for all fees and costs associated with the arbitration, including the opposing party’s reasonable attorneys’ fees.
14.9. Additional Procedure for Mass Filing.
a. You and we agree that these procedures (in addition to all others provided in this Section 14) shall also apply if you choose to participate in a “Mass Filing” (defined below).
b. If twenty-five (25) or more similar Disputes (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. You and we agree that throughout this process, your and our counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated, and promote efficiency, conservation of resources, and the resolution of claims.
c. If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to JAMS until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section 14.
d. STAGE ONE: Counsel for the claimants and counsel for us shall each select twenty-five (25) claims per side (fifty (50) claims total) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their twenty-five (25) cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the fifty (50) (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any administrative fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and we shall pay the mediator’s fee.
e. STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for us shall each select fifty (50) Disputes per side (one hundred (100) claims total) to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their fifty (50) Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than three (3) cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any administrative fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and we shall again pay the mediator’s fee.
f. Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually agreeable process.
g. A court of competent jurisdiction shall have the authority to enforce this Section 14.9, including by enjoining the Mass Filing, and the prosecution or administration of arbitrations. This Section 14.9 and each of its requirements are essential parts of this Section 14. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this Section 14.9 applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
14.10. Opt-Out. You may opt out of this arbitration agreement in this Section 14 by sending written notice to us within thirty (30) days of first accepting the then-current version of these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. By opting out of arbitration, all other provisions in these Terms, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.
14.11. Survival and Severability. This arbitration agreement in this Section 14 shall survive the termination of these Terms and any relationship between the you and us. If a court or arbitrator determines in an action between you and us that any part of this Section 14 cannot be enforced with respect to any Dispute, the rest of this Section 14 will continue to apply; provided, however, that if the class action waiver is declared to be unenforceable or invalid, this entire Section 14 (other than this sentence) will not apply to that Dispute (but will still apply to any and all other Disputes that you or we may assert in that or any other action). In any such case, you and we agree to arbitrate all Disputes for relief subject to individual arbitration first, and that any remaining unresolved Disputes for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
14.12. Future Changes to Arbitration Agreement. If we make any future changes to this Section 14 (other than our contact information), you may reject any such change by sending your personally signed, written notice to the following address: Georgia Aquarium, 225 Baker Street Northwest, Atlanta, GA, 30313, United States, postmarked within thirty (30) days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with this version of this Section 14.
15. Miscellaneous Provisions
15.1. Enforcement. We may block, suspend, or terminate your access to the Services in our sole discretion and without notice, if we determine that you have violated these Terms. Your violation or threatened violation of these Terms constitutes an unlawful and unfair business practice and will cause irreparable and unquantifiable harm to us, where monetary damages will be inadequate. You consent to our obtaining any injunctive or equitable relief, in addition to any other remedies we may have.
15.2. No Refund. ALL PAYMENTS MADE UNDER THESE ARE FINAL; NO REFUND WILL BE ACCEPTED UNLESS EXPRESSLY STATED IN THESE TERMS.
15.3. Termination. We may terminate these Terms, the Services, or your Membership at any time without prior notice, reason, or obligation to you. Upon termination, you must immediately stop using the Services.
15.4. Force Majeure. Notwithstanding anything else in these Terms, no default, cancellation, delay, postponement, or failure to perform on our part will be considered a breach of these Terms, or impose any liability otherwise on us, if such default, cancellation, delay, or failure to perform is due to any event beyond our reasonable control, including an act of God, war, insurrection, riot, civil disturbance, terrorism, fire, explosion, earthquake, flood, weather, theft of essential equipment, malicious damage, strike, lock out, third-party injunction, national defense requirements, restriction of entry to the United States or any subdivision thereof, public health emergency (including epidemics and/or pandemics), and acts or regulations of national or local governments.
15.5. Assignment. You may not transfer, sublicense, or otherwise assign these Terms, including the license granted under these Terms, without our prior written consent.
15.6. Entire Agreement. These Terms, together with any additional terms incorporated into or referenced in these Terms, constitute the sole and entire agreement between you and us regarding your use of the Services.
15.7. Severability. If a court of law or other tribunal of competent jurisdiction determines any provision of these Terms to be illegal, invalid, or unenforceable, that provision will be enforced to the fullest extent possible, and the other provisions will remain effective, valid, and enforceable.
15.8. Waiver. Either your or our failure to assert a right or provision under these Terms will not constitute a waiver of that right or provision. Any waiver by of a right or provision under these Terms on one occasion is effective only in that instance and does not operate as a waiver on any subsequent occasion.
15.9. Governing Law. Except as otherwise stated in these Terms, any Dispute or other claim arising out of these Terms shall be governed by Georgia substantive law, without regard to conflict of laws principles or the residencies of the parties.
15.10. California Complaint Assistant Unit. Under California Civil Code Section 1789.3, California users of the Online Services may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
16. Contact Us
If you have any questions about the Services or these Terms, please contact us at:
Georgia Aquarium
225 Baker Street Northwest
Atlanta, GA, 30313
United States
(404) 581-4000