Thereafter your Program membership will AUTOMATICALLY RENEW AND CONTINUE ON A MONTH-TO-MONTH BASIS, IN ACCORDANCE WITH THE AUTOMATIC RENEWAL TERMS SET FORTH IN SECTION 5 BELOW, UNTIL YOU EXPRESSLY CANCEL IT, OR UNTIL WE TERMINATE IT. CERTAIN LIMITS AND RESTRICTIONS: 120-minute jump time included in your Program membership cannot be combined with any other offers, deals, discounts, or promotions, and each 120-min jump is for a consecutive 120-mins of jumping. Las membresas no garantizan la admisin, especialmente durante los periodos de alta asistencia. EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, DISPUTES) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND SKY ZONE AGREE (A) TO WAIVE YOUR AND SKY ZONES RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT AND THE PROGRAM, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND SKY ZONES RESPECTIVE RIGHTS TO A JURY TRIAL. Entiendo que si no deseo que se renueve mi membresa, debo cancelarla por lo menos tres (3) das hbiles antes de la prxima fecha de renovacin automtica. ELIGIBILITY AND CONDITIONS: Each Member must have a photograph of him/herself associated with his/her liability waiver on file with ROCKIN JUMP, for identification purposes. Si usted y DEFY no pueden ponerse de acuerdo sobre cmo resolver la Disputa dentro de los treinta (30) das posteriores a la fecha en que la parte correspondiente recibe el aviso, entonces usted o DEFY pueden, segn corresponda y de acuerdo con esta Seccin 20, iniciar un procedimiento de arbitraje o, en la medida especficamente establecida en esta Seccin 20, presentar una demanda ante una corte. SEVERABILITY. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Program membership and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Su membresa es ofrecida por el operador de la ubicacin especfica de ROCKIN JUMP donde usted compr su membresa de ROCKIN JUMP (cada uno, un Operador). Al participar en el Programa, usted renuncia a todos y cada uno de los derechos de presentar cualquier reclamacin o accin relacionada con su participacin en el Programa en cualquier jurisdiccin ms all de un ao despus de la fecha en que haya ocurrido por primera vez el acto, evento, condicin u omisin sobre la cual se basa la reclamacin o la accin. START DATE; RENEWAL. You 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 your payment method on file. GOVERNING LAW. Our notice to you will be sent electronically to the email address associated with your Program membership and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. 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. FECHA DE INICIO; RENOVACIN. By participating in the Program, you assume the inherent risks associated with the operation of all trampolines, rides and attractions and should read and obey all safety signage, instructions and rules. 12. This Agreement is governed by the laws of the State of the ROCKIN JUMP Location from which you purchased membership in the Program is located, without regard to the conflicts of laws rules of any jurisdiction. This field is for validation purposes and should be left unchanged. You understand that you may cancel your membership for any reason either by (a) completing the cancellation form at DEFY.COM/MEMBERSHIPCANCEL 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 84601, with your name, membership number, and a request to cancel your membership. YOU AND DEFY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE PROGRAM IS PERSONAL TO YOU AND DEFY 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. Segn lo establecido en la Seccin 5 anterior, ROCKIN JUMP continuar facturando hasta que usted cancele su membresa de acuerdo con el procedimiento de cancelacin especificado en la Seccin 5 anterior, o a menos que ROCKIN JUMP d por terminado este Contrato, segn su criterio exclusivo. You and DEFY agree that this Agreement affects interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. Liability waivers are valid one (1) year from signing, therefore to remain an active Member you must update your liability waiver every year. I have read and agree to the above Automatic Renewal and Cancellation terms and provisions.Automatic Renewal Terms and Cancellation*By checking the box below, I agree that my membership will have an initial one-month term and will then automatically renew for successive one-month terms unless and until it is canceled. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. 1 et seq. What are your available plans? INSTEAD, YOU AND DEFY AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT). 8. As provided in Section 5 above, SKY ZONE will continue to bill you, until you cancel your membership in accordance with the cancellation procedure specified in Section 5 above, or unless SKY ZONE terminates this Agreement, at its sole option. 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. Memberships do not guarantee admission, especially during high attendance periods. You understand that, if you do not want your membership to renew, you must cancel it at least seventy-two (72) hours before the next automatic renewal date. 23. Once your cancellation is processed, you will receive a confirmation email. f. in the event the credit card provided is declined, you grant DEFY the permission to re-submit the card for payment; and ASUNCIN; INDEMNIZACIN Y LIBERACIN DE RESPONSABILIDAD. Memberships do not guarantee admission, especially during high attendance periods. 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. 15. Any waiver by ROCKIN JUMP of a breach by you of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach by you of any other provision of this Agreement. Restrictions apply including, but not limited to, capacity constraints and other closures. 7. Memberships may not be used for commercial purposes and are void if altered or misused. Membership does not guarantee admission, especially during high attendance or other closure periods. Membership does not guarantee admission, especially during high attendance or other closure periods. 4. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF THE RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. 21. 19. By participating in the Program, you assume the inherent risks associated with the operation of all trampolines, rides and attractions and should read and obey all safety signage, instructions and rules. f. in the event the credit card provided is declined, you grant SKY ZONE the permission to re-submit the card for payment; and Esta Seccin 20 prevalecer despus del vencimiento, terminacin o cancelacin de este Contrato. 22. 17. SEVERABILITY. EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND DEFY AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR DEFY WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND DEFY WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). Please accept this email as an official confirmation of this. If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 20 will remain valid and enforceable. By participating in the Program, you waive any and all rights to bring any claim or action related to your participation in the Program in any forum beyond one year after the first occurrence of the act, event, condition, or omission upon which the claim or action is based. IN ANY EVENT, ANY LIABILITY OF ROCKIN JUMP ARISING IN CONNECTION WITH THE PROGRAM WILL BE LIMITED TO THE GREATER OF (A) THE MEMBERSHIP FEES PAID TO ROCKIN JUMP (EXCLUDING TAXES) IN THE PREVIOUS THREE (3) MONTHS, AND (B) ONE HUNDRED DOLLARS ($100). If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
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