The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. 10. Changes can be made only by updating your information at the Location or by phone. Si usted no puede pagar el arbitraje, acepta brindarnos la opcin de pagar al rbitro antes de buscar iniciar cualquier otra forma de resolucin de disputas, incluido el litigio. As provided in Section 5 above, DEFY will continue to bill you, until you cancel your membership in accordance with the cancellation procedure specified in Section 5 above, or unless DEFY terminates this Agreement, at its sole option. You understand that you may cancel your membership for any reason either by (a) completing the cancellation form at DEFY.COM/MEMBERSHIPS/MEMBERSHIP-CANCELLATION/ and clicking Cancel Membership or (b) sending a cancellation request via mail to c/o Member Services Team, at 86 N. University Ave., # 350, Provo, Utah 84061, with your name, membership number, and a request to cancel your membership. ROCKIN JUMP locations are referred to in these Terms as a Location and Locations. Your membership is offered by and has been purchased from the operator of the specific ROCKIN JUMP location from which you purchased your ROCKIN JUMP membership (each, an Operator). Notice to DEFY shall be sent by certified mail or courier to 86 N University Avenue Suite 350, Provo, UT 84601. ELEGIBILIDAD Y CONDICIONES: Cada Miembro debe tener una fotografa de s mismo asociada con su liberacin de responsabilidad en los archivos de SKY ZONE, para fines de identificacin. As limited by the FAA, this Agreement and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator will not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. TERMINATION: SKY ZONE reserves the right to cancel, suspend or revoke any membership or deny Location admission to any Members at any time for any reason. a. you have the authority to bind all of the members added to your membership to this Agreement; Subject to the provisions contained herein, payments are nonrefundable and there are no refunds or credits for partially used periods. 13. All questions or disputes regarding an individuals eligibility, the earning/use/conversion of credits, or a Members compliance with this Agreement will be resolved by ROCKIN JUMP in its sole discretion. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, RELEASEES LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Restrictions apply including, but not limited to, capacity constraints and other closures. Each Program membership is a month to month membership which may be cancelled in accordance with Section 5 of these Terms. Memberships are nonrefundable, nontransferable and remain the property of ROCKIN JUMP. SKY ZONE locations are referred to in these Terms as a Location and Locations. Your membership is offered by and has been purchased from the operator of the specific SKY ZONE location from which you purchased your SKY ZONE membership (each, an Operator). Su membresa es ofrecida por el operador de la ubicacin especfica de SKY ZONE donde usted compr su membresa de SKY ZONE (cada uno, un Operador). Additionally, memberships may not be used for commercial purposes. 4. EN CASO DE QUE ALGUNAS JURISDICCIONES NO PERMITAN LA EXCLUSIN O LIMITACIN DE CIERTOS DAOS, LA RESPONSABILIDAD DE LAS PARTES LIBERADAS DE RESPONSABILIDAD EN DICHAS JURISDICCIONES SE LIMITAR HASTA LO PERMITIDO POR LA LEY. Failure by DEFY to insist upon strict adherence to any provision of this Agreement on one or more occasions shall not be considered a waiver or deprive DEFY of the right to insist upon strict adherence to that provision or any other provision of this Agreement. GENERAL. Membership Number *. STATUTE OF LIMITATIONS. 18. f. in the event the credit card provided is declined, you grant ROCKIN JUMP the permission to re-submit the card for payment; and The arbitrator may only conduct an individual arbitration and may not consolidate more than one individuals claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. DEFY reserves the right in its sole discretion to modify or update this Agreement and/or change, alter, or discontinue the Program, the list of participating Locations, Location services, entertainment or attractions, operating hours, and any reward or special status programs at any time and without notice to members beyond updating this Agreement. I have read and agree to the above Sky Zone Membership Standard Terms and Conditions, which includes an arbitration agreement with class action waiver.Membership Standard Terms and Conditions*SKY ZONE Throughout these Terms, we will refer to you as you or Member and to us as we or SKY ZONE. These Terms are important and affect your legal rights, so please read them carefully. Your membership agreement with ROCKIN JUMP consists of your member enrollment information (including your member information, contact information, payment information, ROCKIN JUMP Membership Program that you have selected (the Program), and authorized users of your membership) and these Terms, which collectively are referred to in these Terms as this Agreement. This Agreement governs your membership in the Program. Restrictions apply including, but not limited to, capacity constraints and other closures. Elite Membership (POPULAR) $27.99/month. 14. 11. You agree that your membership will have an initial three-month term and will then automatically renew for successive one-month terms unless and until it is canceled. YOU AND SKY ZONE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE PROGRAM IS PERSONAL TO YOU AND SKY ZONE AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. g. you understand that you have the right to cancel this Agreement using the procedure described in Section 7 below within seventy-two (72) hours of the date of commencement of your membership described above to receive a full refund of any pre-paid, but unused fees. Changes can be made only by updating your information at the Location or by phone. 9. 8. Please note that you must be at least 18 years old in order to sign a liability waiver. Consulte las opciones de membresa de la ubicacin y la informacin en una ubicacin o en www.defy.com para la ubicacin especfica. Jump times may be walk-in only if the particular Location in question allows it. La cancelacin, suspensin o revocacin de los privilegios de una Ubicacin bajo el Programa debido a la violacin de las polticas o reglas de DEFY, puede, segn el criterio exclusivo de DEFY, resultar en que se le prohba visitar alguna o todas las dems ubicaciones de DEFY sin ningn reembolso de las tarifas prepagadas. Usted y ROCKIN JUMP acuerdan que este Contrato afecta el comercio interestatal y que la exigibilidad de esta Seccin 20 se regir, tanto sustantiva como procesalmente, y se interpretar y ejecutar de acuerdo con la Ley Federal de Arbitraje, 9 U.S.C. The reply was that he just checked the system which clearly he didnt. Changes can be made only by updating your information at the Location or by phone. ARBITRAJE OBLIGATORIO; RENUNCIA A LA DEMANDA COLECTIVA. 1. 15. Cada parte ser responsable de los costos incurridos en dicho arbitraje, pero el rbitro no tendr la autoridad para reasignar esos costos en un laudo o de otra manera. Los cambios se pueden hacersoloactualizando su informacin en la ubicacin o por telfono. If we make changes, we will attempt to provide reasonable notice of such changes, such as by sending an email notification or posting an announcement on our website or the website of the Location that issued your Program membership. You acknowledge that you must maintain a valid payment method on file, and you authorize SKY ZONE and their respective third-party payment processor(s) to charge your payment method for the total price of your membership and for any other fees and charges as and when they are incurred in using your membership, or SKY ZONE products, services, or facilities. ROCKIN JUMP locations are referred to in these Terms as a Location and Locations. Your membership is offered by and has been purchased from the operator of the specific ROCKIN JUMP location from which you purchased your ROCKIN JUMP membership (each, an Operator). 1 et seq. Usted y SKY ZONE acuerdan que este Contrato afecta el comercio interestatal y que la exigibilidad de esta Seccin 20 se regir, tanto sustantiva como procesalmente, y se interpretar y ejecutar de acuerdo con la Ley Federal de Arbitraje, 9 U.S.C. Throughout these Terms, we will refer to you as you or Member and to us as we or DEFY. These Terms are important and affect your legal rights, so please read them carefully. AUTOMATIC RENEWAL TERMS AND CANCELLATION. He ledo y acepto los trminos y disposiciones de renovacin y cancelacin automtica anteriores.Automatic Renewal Terms and Cancellation*By checking the box below, I agree that my membership will have an initial three-month term and will then automatically renew for successive one-month terms unless and until it is canceled. (the FAA), to the maximum extent permitted by applicable law. 11. 13. Tenga en cuenta que la Seccin 20 a continuacin contiene una disposicin de arbitraje obligatorio que requiere el uso del arbitraje de forma individual y limita los recursos disponibles para usted en caso de ciertas disputas. Al participar en el Programa, usted asume los riesgos inherentes asociados con la operacin de todos los trampolines, juegos mecnicos y atracciones, y debe leer y obedecer todas las seales, instrucciones y reglas de seguridad. MEMBERSHIPS ARE ONLY VALID AT THE SPECIFIC SKY ZONE LOCATION WHERE YOU PURCHASED THE MEMBERSHIP. SKY ZONE reserves the right in its sole discretion to modify or update this Agreement and/or change, alter, or discontinue the Program, the list of participating Locations, Location services, entertainment or attractions, operating hours, and any reward or special status programs at any time and without notice to members beyond updating this Agreement. As part of the arbitration, both you and SKY ZONE will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute. ELIGIBILITY AND CONDITIONS: Each Member must have a photograph of him/herself associated with his/her liability waiver on file with SKY ZONE, for identification purposes. 14. GOVERNING LAW. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Las partes tambin pueden litigar una Disputa en la corte de reclamaciones menores ubicada en el condado de su direccin de facturacin si la Disputa cumple con los requisitos para ser sometida a audiencia en la corte de reclamaciones menores. I agree that, on the date of each automatic renewal, the then-current membership price, plus any then-applicable taxes, fees, and charges, will be charged to my payment method on file. As limited by the FAA, this Agreement and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator will not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. LOCATION-SPECIFIC MEMBERSHIP. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. 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