Airborne Trampoline Park Membership Terms & Conditions
Your membership with Airborne Trampoline Park is subject to the terms and conditions set forth herein (“Agreement”).
- Membership Benefits. Depending on the membership purchased, your membership will only be available at the Park where you purchase and register such membership. A Member must present proof of membership, as determined by Airborne Trampoline Park , to receive any applicable benefits and discounts. Memberships, benefits and discounts are nontransferable and may not be combined with any other offer or promotion. Such benefits and discounts are for personal use only and may not be used to obtain or purchase items or services with the intent to resell such items or services. Each Member will receive the benefits of the membership program to which the Member is enrolled. Some membership benefits may be available on a first come, first serve basis with limited supplies and capacity. Membership benefits are subject to change without notice. Membership is only available at participating Airborne Trampoline Park’s. Member acknowledges that membership benefits may not be available at some Airborne Trampoline Parks due to closure of the Park for any reason, private or special events, Park attendance and capacity, unavailability of food, beverages, or merchandise, or due to other circumstances. Memberships are not valid for special events, including, but not limited to, teen night, summer camps, and parent’s night out, private events, or birthday parties, save and except if specifically included in your membership package.
- Payment Method and Authorization to Bill. During the membership signup process, you must designate an available payment method to pay those amounts you owe hereunder. You authorize Airborne Trampoline Park(a) to charge your Card today for the first monthly payment for the memberships of all Members, related taxes, and transaction fees, and (b) to charge your Card each month thereafter for the monthly payment amount for the memberships of all Members and related taxes, for as long as the memberships are in effect. Also, you authorize Airborne Trampoline Park to charge your Card for all future fees and charges incurred by any Member under this Agreement, including sales taxes and other government fees, food, beverage, and merchandise purchases, additional attraction passes, Termination Fees, Deactivation Fees, and other amounts you are required to pay hereunder. You cannot pay for special events or birthday parties through your Card. Airborne Trampoline Park will charge your Card on or about the same day each month as your initial sign-up (e.g., if you sign up for membership on the 10th of the month, your Card will be charged on or about the 10th of each month). The amount you owe is due and payable on the date we charge (or attempt to charge) your Card. IF THE PAYMENT METHOD YOU SELECT IS A DEBIT CARD, THE FOLLOWING PARAGRAPH APPLIES TO YOU: Your Responsibilities Under This Agreement: You are responsible for payment of your monthly membership payments and all other amounts you owe under this Agreement. If Airborne Trampoline Park is unable to obtain payment the first time Airborne Trampoline Park attempts to charge your Card, Airborne Trampoline Park may attempt to charge repeatedly until payment in full is received. It is your responsibility to ensure that the Card you designate is always valid and has not expired. If funds available through your Card are insufficient to cover any payment when due, you are responsible for providing Airborne Trampoline Park access to another acceptable payment method to pay the full amount due. YOU ACKNOWLEDGE THAT, IF ANY PAYMENT BY CARD IS NOT COMPLETED (OR IS REVERSED) AT ANY TIME DURING THE TERM OF THIS AGREEMENT, YOUR MEMBERSHIP MAY BE SUSPENDED AND YOU MAY BE REFUSED ADMISSION TO Airborne Trampoline Park OR ACCESS TO YOUR OTHER BENEFITS UNTIL THE AMOUNT YOU OWE IS PAID. You may change or update the Card you designate as your payment method at any time at the membership desk of Airborne Trampoline Park. Failure to use the membership or your member benefits does not relieve you of responsibility for payment. In addition, regardless of the number of times a membership pass is used, there are no refunds on amounts paid on any membership.
- Initial Term; Renewal; Changes in Your Membership Price.The minimum term of your membership is 12 months (“Initial Term”). At the end of the Initial Term, each Member’s membership will be renewed automatically on a month-to-month basis (“Renewal Term”) unless you cancel your membership. If you add a new member or upgrade an existing membership during the Initial Term, the Initial Term will be extended automatically for each Member in your Membership Account for an additional 12 months. The monthly membership payment will not change during the Initial Term. (However, sales taxes and other government-imposed fees are not part of the membership price and may be added or adjusted at any time without notice as required by law.) You agree that Airborne Trampoline Park may change your monthly membership payments any time after the expiration of the Initial Term. Airborne Trampoline Park will give you notice of any change in your monthly membership payments before the new payment amount goes into effect, by sending a notice to the email address you provide. (At Airborne Trampoline Park’s Airborne Trampoline Park also may mail a notice to you.) If you do not wish to continue your membership at the new payment amount during the Renewal Term, you must cancel your membership. When the new payment amount goes into effect, Airborne Trampoline Park will charge your Card for the new monthly membership payments of all Members, unless you cancel as provided below. You acknowledge that your monthly membership payments may be different from others’ monthly membership payments because of discounts or promotions offered to others for which you may not be eligible or which were not available at the time you signed up.
- Cancellation Procedure. MEMBERSHIP MAY NOT BE CANCELLED DURING THE INITIAL TERM. If you do not want to renew your membership for the Renewal Term or wish to cancel at any time during the Renewal Term, you may cancel by emailing email@example.com . Memberships may not be canceled by telephone, mail, or by fax and may only be canceled as described in this section.
- Suspension of Membership. Airborne Trampoline Park may suspend a membership under the following circumstances:
(a) If Airborne Trampoline Park is unable to successfully charge your Card for monthly membership payments and other amounts you owe at the time they are due, and you do not pay the amounts due in some other way, then all Members’ Airborne Trampoline Park membership passes will be deactivated and all memberships and benefits associated therewith will be suspended. If your memberships are suspended due to failure to pay amounts owed, memberships will be immediately reinstated if you pay all monthly membership payments and other amounts that are due before your next payment is due.
(b) If any Member is suspected of violating any provision of this Agreement, any of the membership terms and conditions, or any other rules, regulations, or policies of or allowing someone else to use your membership, Airborne Trampoline Park may suspend any or all of the Member memberships and deny all such Members access to any Airborne Trampoline Park while the alleged violation is investigated. Upon conclusion of the investigation and depending upon the findings of such investigation, Airborne Trampoline Park may either reinstate the suspended membership or immediately revoke such Member’s membership.
7: Revocation of Membership. When a membership is revoked, the affected membership pass is deactivated permanently and the affected member is no longer eligible to receive any of the benefits of membership. Airborne Trampoline Park may revoke membership under the following circumstances:
(a) If you fail to pay monthly membership payments and other amounts you owe at the time they are due for more than 30 days (i.e., after you miss two monthly payments) your memberships may be revoked.
(b) Membership may be revoked for cause, including but not limited to, if a Member uses a membership for commercial purposes, or engages in activity which
Airborne Trampoline Park, in its sole discretion, deems improper, including without limitation, allowing someone else to use your membership, fighting or rowdy behavior in any Airborne Trampoline Park, or Airborne Trampoline Park determines that you or any Member violated any provision of this Agreement, any of the membership terms and conditions, or any other rules, regulations, or policies of Airborne Trampoline Park.
(c) Upon your death or that of any other Member.
(d) If Airborne Trampoline Park, in its absolute and sole discretion, for any reason elects to terminate, cancel, suspend or revoke your membership.
If membership is revoked, the Termination Fee, any amounts that are due, and any costs (including reasonable attorney’s fees) incurred by Airborne Trampoline Parkin attempting to collect amounts due or otherwise enforcing this Agreement shall become immediately due and payable. You agree that such fees and costs may be charged to your Card.
- DISPUTE RESOLUTION BY BINDING ARBITRATION. ANY DISPUTE BETWEEN (A) YOU AND ANY OTHER MEMBER AND (B) THE Airborne Trampoline Park PARTIES ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION ANY CLAIM OR THIS AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION BEFORE A SINGLE ARBITER WITH THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO ITS COMMERCIAL INDUSTRY RULES IN EFFECT AT THE TIME THE ARBITRATION DEMAND IS FILED. ANY ARBITRATION DEMAND WILL BE SUBJECT TO THE FEDERAL ARBITRATION ACT. YOU (FOR YOURSELF AND EACH OTHER MEMBER) AND THE Airborne Trampoline Park PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Airborne Trampoline Park should be addressed directed to Airborne Trampoline Park , Attn: General Counsel and delivered to the Notice Address. Waiver of Jury Trial.TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBER AND THE Airborne Trampoline Park PARTIES KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE IN WHICH Airborne Trampoline Park IS LOCATED.
- Release and Indemnity.
- RELEASE AND INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBER, ON BEHALF OF MEMBER AND ALL OTHER MEMBERS INCLUDED ON MEMBER’S MEMBERSHIP, INCLUDING ANY MINOR MEMBERS, RELEASES, AGREES NOT TO SUE, AND SHALL INDEMNIFY THE AIRBORNE TRAMPOLINE PARK PARTIES FROM AND AGAINST ALL CLAIMS RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY DAMAGES, PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO ANY MEMBER RESULTING IN ANY WAY FROM (A) ANY MEMBER’S USE OF AIRBORNE TRAMPOLINE PARK ,(B) ANY MEMBER’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL (BY ANY GUEST OR MEMBER) AT THE AIRBORNE TRAMPOLINE PARK BY MEMBER OR ANY OTHER INVITEE, (E) USE OF ANY MEMBER’S IMAGES FOR PURPOSES OF THE AIRBORNE TRAMPOLINE PARK MEMBERSHIP SYSTEM, OR (F) ANY MEMBER’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY, OF THE AIRBORNE TRAMPOLINE PARK PARTIES OR MEMBER. THE INDEMNITY SHALL ALSO INCLUDE ANY ADULT MEMBER’S OBLIGATION TO INDEMNIFY THE AIRBORNE TRAMPOLINE PARK PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD MEMBER RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF MEMBER’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD MEMBER.
- COVENANT NOT TO SUE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE EVENT OF ANY CLAIM ARISING FROM YOUR ACTIVITIES AT AN AIRBORNE TRAMPOLINE PARK, YOU REPRESENT AND AGREE THAT YOU WILL NOT COMMENCE ANY LEGAL ACTION, LAWSUIT, OR ARBITRATION OR OTHERWISE ASSERT ANY LEGAL CLAIM SEEKING RELIEF FOR ANY CLAIM AGAINST AIRBORNE TRAMPOLINE PARK.
- Limitation of Claims and Actions.
- Limitation of Claims & Remedies. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL ANY CLAIM EXCEED THE TOTAL OF MEMBERSHIP FEES PAID BY MEMBER OVER THE TWELVE MONTHS IMMEDIATELY PRECEDING THE FILING OF ANY LAWSUIT OR ARBITRATION. FURTHER, AIRBORNE TRAMPOLINE PARK MEMBER RELEASE EACH OTHER AND THE AIRBORNE TRAMPOLINE PARK PARTIES FROM ANY AND ALL SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, FORESEEABLE OR NOT, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM THAT RELIES IN WHOLE OR IN PART ON THIS AGREEMENT. FURTHER, AIRBORNE TRAMPOLINE PARK AND MEMBER WAIVE THE REMEDY OF RESCISSION.
- Limitation of Action. Any lawsuit or arbitration in any way arising out of this Agreement must be brought within two years and one day of the date the cause of action accrues. THE PARTIES WAIVE ALL CAUSES OF ACTION AGAINST EACH OTHER NOT COMMENCED IN ACCORDANCE WITH THIS SECTION.
- Contact and Assignment. You agree that: (1) by providing information Airborne Trampoline Park requests, you agree that Airborne Trampoline Park may contact you via mail, phone or email to let you know about your account, offers and events; and you further agree that any debt collection agency or attorney hired by Airborne Trampoline Park may contact you by the same means in an effort to recover any unpaid portion of your obligation incurred hereunder; (2) Airborne Trampoline Park may transfer this Agreement at any time, but you may not sell your membership or transfer this Agreement; (3) Airborne Trampoline Park may delay or waive enforcement of any of the provisions of this Agreement, including your promise to make timely payments, without losing its right to enforce the same or any other provision later; (4) you waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor; and (5) you will send any legal notice or other notice or information that you are required by law to provide or deliver to Airborne Trampoline Park by recognized commercial overnight courier, to the following address:???.
- Invalidity of Provision. If any term, provision, covenant, or condition of this Agreement is held to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in effect and shall not be affected, impaired or invalidated and any discrepancies herein shall be resolved in Installer’s favor.
- Merger. This Agreement, and all documents referenced or incorporated, and any other writings signed by the parties expressly stated to be supplemental hereto and together with any instruments to be executed and delivered pursuant to this Agreement, constitute the entire agreement of the parties concerning the subject matter hereof, supersede any prior agreement or representations made between the Airborne Trampoline Park Parties and Member, either written or oral, and may only be modified in writing. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns. The parties shall execute such further documents and do any and all further things necessary to implement and carry out the intent of this Agreement.
- Governing Law, Venue, & Attorneys’ Fees. This Agreement and the performance of all the obligations set forth in this Agreement shall be governed, construed, and enforced by the laws of the State of Utah and this Agreement shall be performable and venue shall lie in the county of the Airborne Trampoline Park to which your membership relates. If either party employs an attorney to enforce the terms of or defend a claim brought under this Agreement, either by arbitration or litigation, the Prevailing Party shall be entitled to reasonable attorneys’ fees, arbitration fees, court costs and expenses incurred. Prevailing Party shall mean the party who substantially prevails on the claims or defenses asserted without regard to whether such party recovered any relief, direct benefit, or monetary damages.
- Waiver. The terms and conditions contained herein hereto may be waived only by written instrument executed by the party waiving compliance. Any such waiver shall only be effective in the specific instance and for the specific purpose for which it is given and shall not be deemed a waiver of any other provision.
- Rule of construction. This Agreement has been jointly drafted, negotiated, and agreed upon by the parties hereto. Any rule and contract interpretation that provides that an ambiguity will be construed against the drafting party is inapplicable to this Agreement and shall not be used in connection with the interpretation of this Agreement.
- Disclaimer of Representations. Except as otherwise expressly provided for herein, Member warrants that Member is not relying on and the Airborne Trampoline Park Parties have not made, does not make, and specifically negates and disclaims any representations, warranties, promises, covenants, agreements, or guaranties of any kind or character whatsoever, either express or implied, oral or written, past, present, or future, of, as to, or concerning or with respect to this Agreement.
- License to use Image. Airborne Trampoline Park will take, and you agree to the taking and Airborne Trampoline Park’s storage and use of, an image of each Member. For purposes of member identification for the Airborne Trampoline Park membership program. Airborne Trampoline Park will retain such image in its computerized membership system. MEMBER, ON ITS BEHALF AND THAT OF ANY MINOR MEMBERS, WAIVES THE RIGHT TO INSPECT OR APPROVE SUCH IMAGES USED FOR THE MEMBERSHIP SYSTEM.
(1) “Activities” shall mean the Member’s opportunity to participate actively or passively, in trampoline and related activities, including, but not limited to, jumping, dodgeball, tumbling, foam pit jumping, aerobics, , ninja warrior course, battle beam, , ropes course, climbing wall, , , mini golf, arcades, exercising, other miscellaneous trampoline and tumbling activities, instruction, training, fitness classes, competition, events, and programs, and access and use of the cafe.
(2) “Card” shall mean that credit card, debit card, or such other method of payment you designate now or in the future to pay those sums you owe hereunder.
(3) “Claims” shall mean all liabilities, losses, damages (of any type or sort), claims, demands, actions, suits, arbitrations, causes of action, costs, fees, and expenses (including reasonable attorney’s fees and court or other costs).
(4) “Member” shall mean each person You identify during the membership sign-up process and any upgrades to such memberships.
(5) “Membership Account” shall mean the account to which your membership is assigned including all members identified or subsequently included.
(6) “Notice Address” ???
(10) “You” or “you” shall mean the person who signs this Agreement.