Updated:  June 14, 2024

PLEASE READ CAREFULLY.

By enrolling or participating in the D23 Membership Program (the “Program”), you accept and agree to be bound by these D23 Membership Terms (the “D23 Membership Terms”), as they may be amended from time to time by Disney.

ANY DISPUTE BETWEEN YOU AND DISNEY, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE D23 MEMBERSHIP TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

In addition, these D23 Membership Terms incorporate The Walt Disney Company Terms of Use (“Terms of Use”) and your agreement to these D23 Membership Terms also constitutes your agreement to the Terms of Use. For purposes of interpreting the Terms of Use in connection with the Program, the “Disney Products” means the Program. Capitalized terms used but not defined herein will have the meanings provided in the Terms of Use.

If any provision in these D23 Membership Terms conflicts with any provision in the Terms of Use, the conflicting provision in these D23 Membership Terms will control. You are responsible for all activities that occur with respect to your membership (including, but not limited to, participation by your guest(s) in a member-exclusive event), and you are responsible for you and your guest(s) complying with any and all additional stated terms in connection with any element of the Program (e.g., events, offers, promotions, etc.). In the event you violate any of the D23 Membership Terms or any additional stated terms, your membership may be suspended or terminated by Disney (defined below) in its sole discretion, pursuant to these D23 Membership Terms.

Program Sponsor

The Program and its benefits are sponsored by and offered at the sole discretion of Disney Worldwide Services, Inc. (“Disney”, “we” or “us”). The rights and obligations of Disney under the Program may be assigned or transferred by Disney to any other related or unrelated entity at any time, with or without notice, and performance thereafter shall be the responsibility of that entity.

Membership Tiers

The Program has three membership tiers:

  • D23 Gold Membership Individual Plan (a paid membership for one person), also referred to as an individual D23 Gold Membership
  • D23 Gold Membership Duo Plan (a paid membership for two people, a primary member and an affiliate member), also referred to as a D23 Gold Duo Plan
  • D23 General Membership (a complimentary membership for one person)

Membership Eligibility

Enrollment in the Program is only for non-commercial purposes (no corporations or other entities, associations or groups) and is subject to and conditioned upon these D23 Membership Terms. Membership in the Program is open to persons 18 years or older. Accordingly, you must be at least 18 years old to purchase an individual D23 Gold Membership for yourself or as a gift for another person (who also must be at least 18 years old), to purchase a D23 Gold Duo Plan for yourself, as the primary member, and a second person, as the affiliate member (who must also be at least 18 years old), and to purchase any other D23 goods or services. Some promotions, offers and events under the Program may be available only to persons 21 years and older. Each individual is allowed only one membership. Subject to satisfying this membership eligibility criteria, the person who enrolls in the Program as provided under “Membership Enrollment” below shall be deemed the D23 Member for purposes of the Program and these D23 Membership Terms. All questions or disputes regarding eligibility for the Program or a member’s compliance with these D23 Membership Terms will be resolved by Disney in its sole discretion. To be considered a Charter Member, you must have maintained your individual D23 Gold Membership or D23 Gold Duo Plan as the primary member continuously in the Program commencing before December 31, 2009.

While employees, directors and officers of Sponsor, its parent and subsidiary companies, and third-party service providers involved in the development or execution of the Program or production or distribution of Program materials, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are eligible to enroll in the Program, such individuals may not be eligible for all promotions or offers available via the Program, including without limitation, sweepstakes or similar promotions. Such individuals should refer to the official rules for any such promotion or offer for complete eligibility details.

Please be advised that enrollment in the Program is not available to residents of certain countries and geographical areas. Please see the D23 website (D23.com) (“D23 Website”) for more information, found here .

Membership Enrollment Fee, Subscription Information, & Cancellation

The membership enrollment fees for the Program are US $99.99/year for a Gold Membership Individual Plan or US $129.99/year for a Gold Membership Duo Plan, plus shipping/handling and applicable taxes. Disney reserves the right to change the membership enrollment fees in its sole discretion. In the event of a change in the enrollment fees, Disney will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your Disney Account. If you do not wish to accept the enrollment fee change, you may cancel your membership in accordance with the instructions included in that email and below. If you do not cancel your membership after the enrollment fee change takes effect and prior to the start of your new annual membership term, your membership will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. A membership includes the benefits listed on the D23 Website at the time of purchase, which are subject to change in Disney’s sole discretion as provided in these D23 Membership Terms. All tax liability, including and without limitation disclosure connected with the receipt and/or use of the Program and the membership benefits, is the responsibility of the member.

New and renewing individual D23 Gold Memberships and D23 Gold Duo plans for U.S. residents will automatically renew each year until canceled. For U.S. residents, D23 will automatically charge the annual membership fee to the payment method provided, until you cancel by signing in to your account at D23.com and following the directions on How to Cancel—or by contacting Guest Services at GuestRelations@D23.com or (855) 323-5973 (calls accepted during normal business hours). D23 Memberships are non-refundable and non-transferable, and there are no credits or refunds for partial-year cancellations. You must cancel your individual D23 Gold Membership or, as primary member, your D23 Gold Duo Plan before your renewal date to avoid being charged for another year of D23 Membership. For D23 Gold Duo Plans, the affiliate’s Gold Membership will terminate at the end of the applicable annual D23 Gold Duo Plan term, and the primary member will be responsible for either renewing such affiliate member’s membership or changing the identity of the affiliate member in connection with each renewal of the annual membership. For residents outside of the U.S., your D23 Gold Membership plan will need to be manually renewed each year, starting in the last thirty (30) days of your membership year, by following the steps found here  on the D23 Website.  Such renewal by residents outside of the U.S. must occur prior to the expiration date of the current membership year in order to avoid a lapse in benefits.

Membership cards and certificates have no cash value and will not be replaced if lost or stolen.

Shipping & Delivery

Express delivery is not available. Items can only be shipped to a physical address, not to a P.O. Box, APO or FPO address. There is no delivery on holidays. Your member card and member certificate (applicable to all D23 Gold Membership members) and D23 Gold Member Collector Set (applicable to individual D23 Gold Membership members and D23 Gold Duo Plan primary members only) will arrive within 4 to 6 weeks after purchase (or in the case of affiliate members under a D23 Gold Duo Plan or gift memberships, activation). Please see the D23 Website for more shipping information, found here .

Membership Enrollment

To sign up or purchase a membership for you (not as a gift for another individual) and enroll yourself in the Program, you must create a Disney account pursuant to the Terms of Use (“Disney Account”). You must have access to the Internet and a valid email address to create a Disney Account. If you have an existing Disney Account, you can access D23 Membership benefits using your Disney Account credentials. You are responsible for maintaining the confidentiality of your Disney Account credentials and are responsible for any and all activities that occur under your account. You agree to immediately notify Disney of any unauthorized use of your Disney Account or breach of security related to your account.

For the D23 Gold Membership Duo Plan, the initial subscriber and purchaser of the D23 Gold Membership Duo Plan will be designated as the primary member and the additional secondary membership will be designated as the affiliate member. The primary member is responsible for the annual membership payment and receives the annual Gold Member Collector Set and four quarterly publications of Disney twenty-three magazine. The primary member determines the identity of the affiliate member and is responsible for providing the affiliate member with the information to activate the affiliate’s membership (“activation information”). The activation information may be used for only one affiliate member per annual term, and no changes to the identity of the affiliate member may be made until after the termination the current affiliate member’s membership at the end of the applicable D23 Gold Membership Duo Plan annual term and the primary member’s renewal of the D23 Gold Membership Duo Plan as described above. The affiliate member will be enrolled in the Program and able to receive membership benefits only after the affiliate member activates the membership and establishes a Disney Account with his or her corresponding profile information. If the affiliate member has an existing Disney Account, the affiliate member will be able to access membership benefits using his or her Disney Account credentials. Because the affiliate’s D23 Gold Membership will terminate at the end of the applicable D23 Gold Duo Plan term, depending on when the affiliate member activates the affiliate’s D23 Gold Membership, the affiliate’s membership may be for a period of less than a full year. No delay, for whatever reason, in the activation of the affiliate member’s membership will extend any D23 Gold Duo Plan term.

Recipients of gift memberships will be enrolled in the Program when the gift membership is redeemed. For recipients of gift memberships, the gift recipient will be able to receive membership benefits only after the gift recipient establishes a Disney Account with his or her corresponding profile information. If the gift recipient has an existing Disney Account, the gift recipient will be able to access D23 Membership benefits using his or her Disney Account credentials.

Program Availability

Disney reserves the right to modify, restrict, suspend, discontinue or cancel the Program and any or all membership benefits at any time, with or without notice. Disney may terminate the Program in whole or in part in any jurisdiction(s) if required to do so by applicable law.

Changes in D23 Membership Terms; Notice of Changes

Disney reserves the right to change, limit, modify or cancel these D23 Membership Terms or other conditions of participation in whole or part at any time. Any changes to these D23 Membership Terms will be posted on the D23 Website and will be effective immediately unless stated otherwise. A notice that a change has been made will be placed on the D23 Website for a reasonable period of time. Your continued participation in the Program constitutes your acceptance of any changes to these D23 Membership Terms. You are responsible for periodically checking for any changes that Disney may make to these D23 Membership Terms. The most current version of these D23 Membership Terms will be available on the D23 Website and will supersede all previous versions of these D23 Membership Terms.

D23 Communications

In order to keep you apprised of your membership, it is important that Disney send you certain Program information that may include information necessary for Program administration, printed or email marketing materials from Disney that will inform you of special offers and products we believe would be of interest to you, and marketing materials from selected third parties. You can modify your communication preferences by visiting https://d23.com/update-disney-account/. If you have questions regarding your membership, including questions about email opt-outs and email add-backs, please contact Guest Services at GuestRelations@D23.com.

Electronic Notice

You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Change of Address and Other Member Information

It is your responsibility to keep Disney informed of any changes to your member information, including your email address. Email communications from D23 will be sent to the email address associated with your membership. Disney shall have no responsibility for misdirected or lost email, mail or merchandise or any consequences thereof, or for membership cards and certificates that may be counterfeit, altered, tampered with, delayed, lost or stolen. If you have questions regarding a change of address or other member information, please contact Guest Services at GuestRelations@D23.com.

D23 Merchandise and Services

From time to time, exclusive merchandise and collectible opportunities may be available for members. Except as otherwise provided at the time of purchase, Disney, and its related companies, parent, subsidiaries, affiliates, agents and suppliers, make no guarantees, warranties or representations of any kind, expressed or implied, with respect to any services or items of merchandise, including but not limited to D23 merchandise, the D23 Expo, D23 Membership cards and certificates, Walt Disney Archives Collection items and the Disney twenty-three publication, and shall not be liable for any loss, expense (including without limitation any legal fees), accident or inconvenience that may arise in connection with the use of such services or items or as a result of any defect or failure of such services or items. TO THE FULLEST EXTENT ALLOWABLE BY LAW, DISNEY, ITS RELATED COMPANIES, PARENT, SUBSIDIARIES, AFFILIATES, AGENTS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Members agree to rely solely on the manufacturer’s warranties, if any, for any merchandise or services purchased, acquired or used in connection with the member’s participation in the Program. For merchandise shipped outside of the U.S., please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the merchandise may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the merchandise can be lawfully imported to the destination country. You, as the recipient of the merchandise, are the importer of record and must comply with all laws and regulations of the destination country. Prices are subject to change, and all merchandise is subject to limited availability and may not be available in all countries. Disney reserves the right to restrict, suspend, modify or substitute Program merchandise at any time without notice.

D23 Exclusive Offers and Promotions

From time to time, Disney may issue special offer or promotion codes in Program communications. Unless otherwise reflected in the terms specific to a promotion, these promotions may not be combined with any other offer, including coupons or rebates. Codes are non-transferable and restrictions may apply. Any violation of this policy may result in termination of membership or other remedial action as Disney deems appropriate in its sole discretion. Offer and promotion codes are void if not obtained in accordance with these D23 Membership Terms or any part is counterfeit, altered, defective or tampered with, or irregular in any way. Disney reserves the right to invalidate any codes it suspects have been sold, distributed or purchased outside of the Program. All offers and promotions are subject to all applicable national, federal, state, provincial, municipal, territorial and local laws and regulations.

From time to time, Disney may communicate to members the availability of special offers or promotions presented by and/or in connection with affiliates of Disney and/or third parties (“Partner Offers”), and such Partner Offers may be administered, in whole or in part, by such affiliates of Disney and/or by third parties, as applicable, and as such, additional terms and conditions may apply to a member’s use of such Partner Offers. In such event, material details pertaining to any applicable additional terms and conditions will be included in the description of each such Partner Offer. Members are solely responsible for informing themselves with respect to any such affiliates and/or third parties, including without limitation, any applicable additional terms and conditions associated with a particular Partner Offer.

From time to time, Disney may communicate to members the availability of special offers or promotions available to members who are also hold valid credentials in connection with services and experiences across The Walt Disney Family of Companies (such as Disney+, Disney Rewards for Disney Visa Cardmembers, Club 33, etc.) (“Disney Companies Offers”). Credentials for such Disney Companies Offers shall be validated pursuant to the Terms of Use. Additional terms and conditions may apply to a member’s use of such Disney Companies Offers. In such event, material details pertaining to any applicable additional terms and conditions will be included in the description of each such Disney Companies Offer. Members are solely responsible for informing themselves with respect to any such applicable additional terms and conditions associated with a particular Disney Companies Offer.

Access Codes

You may be provided with the ability to use usernames, passwords or other codes or devices (“Access Codes”) to gain access to restricted portions of the D23 Website. The content contained in such restricted areas is proprietary to Disney and is provided to you for your personal use only. Disney reserves the right to prohibit the use of such Access Codes on your behalf by third parties. Disney reserves the right to invalidate any Access Codes it suspects have been sold, distributed or purchased outside of the Program or otherwise misused.

Disney twenty-three Periodic Editions

For individual D23 Gold Memberships and D23 Gold Membership Duo Plans, please allow 4 to 6 weeks after activation of your membership to receive your first issue of the Disney twenty-three periodic edition (“Periodic Editions”). For D23 Gold Membership Duo Plans, the Disney twenty-three Periodic Editions will be sent to the primary member only. Disney will determine is its sole discretion the number of such Periodic Editions produced each calendar year, as well as the medium and delivery method for such Periodic Editions (e.g., printed, digital, etc.), which may vary from issue to issue. Periodic Editions will be delivered to the member address/email address on file with the Program, as applicable. Historically, there have been four (4) issues per year of the Disney twenty-three Period Editions, however Disney may elect, in its sole discretion, to produce more or less than four (4) Periodic Editions per year. You may cancel delivery of your Disney twenty-three Periodic Editions at any time by contacting Guest Services at GuestRelations@D23.com, but doing so will not entitle you to a refund of any part of your membership enrollment fee or to receive any merchandise credit.

Special Events

Depending on your membership category, as a member, you may be entitled to purchase tickets to, or otherwise participate in, special member-only events or receive discounts on admission to events that are open to non-members. Events and admission prices may change from time to time and may be offered at various times throughout the year. A member’s participation in events may be subject to other additional terms and conditions.

Disney, in its sole discretion, may from time to time provide you with the ability to transfer certain membership features as specified by Disney in each instance to another person who holds a valid Disney Account and is at least 18 years old or older (“Membership Features Transfer”). Such Membership Features Transfer may include, but not be limited to, the ability to transfer event tickets already purchased by you to your specified guest(s), or the ability for such guests to make their own reservations for panels/presentations at select events. Access to these specified membership features may be subject to age restrictions and/or other terms and conditions as specified in connection with the Membership Features Transfer offering in each instance.

Membership Termination

D23 Memberships are non-refundable and there are no credits or refunds for partial year cancellations. After you cancel your membership, your individual D23 Gold Membership or D23 Gold Membership Duo Plan will continue to be active, and you will continue to have access to your individual D23 Gold Membership or D23 Gold Membership Duo Plan (as a primary member or affiliate member) benefits through the current term. Disney reserves the right to suspend or terminate a member’s membership for reasons, in each case as may be determined by Disney in its sole discretion, that include but are not limited to: violation by the member or their guest(s) of these D23 Membership Terms or any additional stated terms in connection with a particular Program event, offer, promotion, etc.; misrepresentation of any information or any misuse of this Program by the member; violation of any national, federal, state, provincial, municipal, territorial or local laws or regulations in connection with the member’s use of membership benefits; commission by the member of fraud or abuse involving any portion of this Program; the member’s having more than one membership; or any other action by the member in violation of these D23 Membership Terms or to the detriment of the Program or Disney, its related companies, parents, subsidiaries, affiliates, agents, agencies or suppliers. In addition to termination of a member’s membership, Disney shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. For D23 Gold Membership Duo Plan, if either the primary member’s or affiliate member’s membership is subject to suspension or termination by Disney as provided above, both the primary member’s and affiliate member’s membership may be suspended or terminated in Disney’s sole discretion.

Privacy

By enrolling in the Program, you acknowledge that you have read the Privacy Policy.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

There may be instances in which disputes arise between us. You, on the one hand, and the Program, on the other hand, agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving The Walt Disney Company or its affiliates) except for:  (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and  (ii) any dispute relating to the ownership or enforcement of intellectual property rights.

“Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and us concerning the Program, or this exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this agreement is void or voidable.

YOU AND THE PROGRAM AGREE TO WAIVE CLASS ACTION PROCEDURES.

No party will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis . No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court.

  1. Small Claims Court. Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the Informal Dispute Resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
  2. Informal Dispute Resolution. In the event of a Dispute, you and we agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes eligible to be resolved in small claims court, the claiming party must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of dispute to D23, 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal. We will send any notice of dispute to you at the contact information we have available for you in connection with your D23 account.

You and we will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and us (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. The Program will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

  1. Arbitration Process and Rules. If you and we do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, governs the interpretation and enforcement of this arbitration agreement, and not state law. Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator.

Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in Los Angeles or the borough of Manhattan would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area. You and The Program agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.

  1. Fees. If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. NAM permits any person to request information as to fees for its services at https://www.namadr.com/info-request-form/?request_type=Standard_Fees_and_Costs. If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule.
  2. Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.

Except as provided above with respect to jurisdiction in Los Angeles, California and Manhattan, New York, New York, nothing in this arbitration agreement shall be construed as consent by the Program or its affiliates to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to the Services or this Agreement.

  1. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with the Program, including any revocation of consent or other action by you to end your participation in the Services or any communication with us.
  2. Opt-out. You may opt out of this arbitration agreement. If you do so, neither party can force the other party to arbitrate. To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise you shall be bound to arbitrate Disputes on a non-class basis in accordance with this agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your opt-out notice must include your name and address, the email address you used to set up your D23 account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). You must mail your opt-out notice to Disney Opt-Out, P.O. Box 11565, Burbank, California, 91510. For clarity, opt-out notices submitted via email will not be effective.

If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. We thank you for understanding why it is important that we agree on the process for addressing disputes.

Choice of Forum

These D23 Membership Terms are governed by and construed in accordance with the laws of the State of New York.

You agree that any action at law or equity arising out of or relating to the D23 Website, these D23 Membership Terms, membership in the Program or any other purchase or use of any goods or services offered in connection with the Program that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law

These D23 Membership Terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.

Severability

If any provision of these D23 Membership Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these D23 Membership Terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these D23 Membership Terms which by their nature should survive the termination of these D23 Membership Terms shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, and rules regarding dispute resolution.