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HOP HOP MEMBERSHIP TERMS AND CONDITIONS, RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT
THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT TO RECOVER DAMAGES IF YOU ARE INJURED WHILE PARTICIPATING IN ANY ACTIVITY AT HOP HOP PLAYGROUND. PLEASE READ CAREFULLY BEFORE SIGNING.
THE HOP HOP PLAYGROUND MEMBERSHIP TERMS AND CONDITIONS, RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT (“Agreement”) govern the Hop Hop Playground Membership Program. Purchase or use of the Hop Hop Playground Membership (“Membership”) at any time subjects the purchaser and designated minor children (“you,” “your,” “yours,” “Member”) to the provisions of this Agreement, as amended from time to time.
Hop Hop Playground means its members, members, managers, officers, assigns, principals, any
associated persons or companies, the physical premises of all business locations as well as all business and service operations performed on behalf of Hop Hop Playground.
Hop Hop Playground operates one level of family membership.
Hop Hop Playground Membership Program entitles the Member up to two hours per day to Hop Hop Playgound facilities, during any normal business open play hours as space allows. The facilities are located at 1 Southland Mall, Suite 400, Hayward, CA, 2200 Petaluma Blvd North, Suite 800A & 1071 Santa Rosa Plaza, Suite 2061B, Santa Rosa, CA.
Having a membership does not guarantee walk-in admission and will be based on availability during the timeslot you want.
Membership in the program does not guarantee that the facility will be open on every day of the month or does not guarantee that during the times when it is open for open play there will be play slots available.
Membership period is a 30-day period. To remain active, Membership must be paid on or prior to the start of the subsequent 30-day period.
(1) For designated special events where tickets are being sold, Members may be granted a discount off the general admission ticketed price.
(2) Weekly events that have an additional fee for participation may have a discounted price for Members listed when those events are for sale.
(3) Members may be granted a 10% discount off of the base price of a Hop Hop Playground birthday party package. A Member must have completed 2 full months of playground membership to receive this benefit.
Hop Hop reserves the right to cancel any event, class, open play period or planned playground function, for any reason. Members are not entitled to any membership fee refund in the event of an event, class, open play period or planned playground function cancellation, except for a refund of a separately purchased ticket or tuition fee.
In order to exercise the rights of Membership, the Membership account must be paid, active and in good standing at the time of visit, event ticket purchase, or class enrollment. Memberships are for individual use only and are non-transferable.
Memberships are automatically set to auto-renew (Automatic Recurring Membership) upon enrollment.
Hop Hop Playground is not responsible for any unauthorized use of a Membership. Hop Hop Playground reserves the right to revoke and restrict Membership to any person for any reason, including, but not limited to, failure to follow the Playground Rules and Requirements, misconduct, misuse, or abuse of membership privileges. No refunds will be issued.
Members agree to submit and maintain accurate and current user information in connection with their Membership. Such information includes name, address, email address, and telephone number. Members can change their account information by visiting the Hop Hop Playground's facility and speaking with an employee or by emailing firstname.lastname@example.org
The current monthly Membership Fee can be found at hophopplayground.com/membership. Additional children enrolled under the same membership must be siblings.
The monthly Membership Fee does not include applicable taxes and is subject to taxation in accordance with applicable federal or state law.
We may change the Membership fee at any time, but the new Membership Fee will apply to newly enrolled Memberships. Existing members will maintain the Membership Fee they have at the time this membership agreement is executed, provided their account remains active and in good standing. Existing members that wish to receive any additional benefits granted by a newly updated Membership Terms and Conditions must accept and agree to any membership fee or program changes. Continued use of our program indicates acceptance of any changes. Any lapse in Membership and subsequent re-enrollment will be charged at the then-active Membership Fee rate.
Membership fees are not refundable once the Membership period has begun. Once billed, members are afforded use of the facility and program benefits for the 30-day period encompassing the renewal term.
TERM; AUTOMATIC RECURRING BILLING
The Membership term is one 30-day period, beginning on the date of purchase. A Renewal or Automatic Recurring Renewal within a current Membership term extends the existing expiration date of the Membership an additional 30-day period; such renewal term begins the day after the current term ends. When an expired Membership is renewed, the new Membership term is one 30-day period, beginning on the date of renewal.
Each Membership will automatically renew (“Automatic Recurring Membership”) each month for additional 30-day periods that commence on the day after the previous term ends unless, (i) you cancel your Membership, or (ii) we terminate your Membership.
By signing this agreement, Member acknowledges and agrees to participate in the Automatic Recurring Membership program. Automatic Recurring Membership fees will be billed monthly and automatically to the credit card you provide when you enroll in the Membership program or the form of payment we currently have on file for you, in the amount of the Membership fee, approximately one day prior to your Membership expiration date.
You may elect to discontinue Membership by contacting us in writing at email@example.com to cancel your membership. Member agrees to automatic payment processing via our credit card processor, which are used to process regular and automatic payments. Hop Hop Playground does not store credit card information. All credit card transactions are processed by our credit card vendor.
CANCELLATION AND TERMINATION
You have the right to cancel your Membership at any time. If you cancel your Membership, no prorated refunds will be given, and the Member will be entitled to utilize the facility for the remainder of the current term of the Membership.
You may cancel your Membership by contacting us via email at firstname.lastname@example.org with your cancellation request, in writing.
We may terminate your Membership, including any associated accounts, without notice, for any reason at our sole discretion. This includes, without limitation, our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will not be entitled to a refund of your Membership Fee.
In the event of our termination of Hop Hop Playground's Membership Program, at our election, we will either maintain your Membership benefits until the expiration of the Membership current term or refund each Member a pro rata portion of the Membership Fee for the remaining portion of the current Membership term
DISCLAIMERS; LIMITATION OF LIABILITY
USE OF THE HOP HOP PLAYGROUND'S MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
HOP HOP PLAYGROUND'S AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) HOP HOP PLAYGROUND'S MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) HOP HOP PLAYGROUND'S MEMBERSHIP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE HOP HOP PLAYGROUND'S MEMBERSHIP PROGRAM WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE HOP HOP PLAYGROUND'S MEMBERSHIP PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE HOP HOP 'S MEMBERSHIP PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR ANY DATA RELATED TO THE HOP HOP PLAYGROUND'S MEMBERSHIP PROGRAM; OR (iv) ANY OTHER MATTER RELATING TO THE HOP HOP PLAYGROUND'S MEMBERSHIP PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
FAILURE TO ENFORCE IS NOT A WAIVER
We may choose to delay or not enforce any term in this agreement (including fees) without losing our rights. Any failure or delay by us in enforcing strict performance of this agreement (including, but not limited to, accepting late or partial payments or payments marked “payment in full” or tendered with other conditions or limitations) shall not be considered a waiver of any of the terms of this agreement or any of our rights. Any waiver of rights by us must be in writing and signed by one of our authorized representatives.
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or Hop Hop Playground's Membership Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Hop Hop Playground's from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
ACKNOWLEDGMENT AND ASSUMPTION OF RISK
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of Hop Hop Playground's Membership Program with respect to Hop Hop Playground's Membership Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of Hop Hop Playground's Membership Program is deemed to have accepted the terms and conditions of this Agreement.
In consideration of my admission and participation at any Hop Hop facility, I acknowledge and willingly agree that:
· I, and any minor children I am the parent or guardian of, are entering the business or business facility voluntarily and of our own free will,
ACKNOWLEDGMENT AND ASSUMPTION OF RISK RELATED TO CORONAVIRUS (COVID-19) AND COMMUNICABLE DISEASES
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Other communicable diseases, such as common colds, seasonal flu, hand, foot and mouth disease, and many others, are also believed to spread from (1) proximity to, (2) person-to-person contact, and/or (3) contact with surfaces that have come into contact with an infected individual. Hop Hop Playground has put in place preventative measures to reduce the spread of COVID-19 and other communicable diseases; however, Hop Hop Playground cannot guarantee that you or your child(ren) will not become infected with COVID-19 or any other communicable disease or illness. Further, attendance at Hop Hop Playground could increase your risk and your child(ren)’s risk of contracting COVID-19 or any other communicable disease or illness.
RELEASE AND WAIVER OF LIABILITY
By signing this agreement, I hereby release, waive, discharge and covenant not to sue Hop Hop Playground, its members, managers, officers, servants, agents, employees and volunteers, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the Releasees, or otherwise, while participating in any activity at Hop Hop Playground. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 or any other communicable disease or illness by attending Hop Hop Playground and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other communicable diseases or illnesses at Hop Hop Playground may result from the actions, omissions, or negligence of myself and others,
including, but not limited to, Hop Hop Playground employees, volunteers, and other playground guests participants and their families.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
I voluntarily agree to indemnify and save and hold harmless the Releasees, from any loss, liability, damage or costs they may incur due to my participation in any activity, whether caused by the negligence of any or all of the Releasees, or otherwise. It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named Releasees. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Hop Hop or participation in any of the Releasees sponsored activity. On my behalf, and on behalf of my children, or the children I am guardian of, I hereby release, covenant not to sue, discharge, and hold harmless the Releasees, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Releasees, whether a COVID-19 infection (or any other communicable disease or infection) occurs before, during, or after participation in any Hop Hop Playground visit or program.
CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on Hop Hop Playground's website located at www.hophopplayground.com. Any change shall take effect immediately unless otherwise provided. You may view the current version of this Agreement at any time online at www.hophopplayground.com.
This HOP HOP PLAYGROUND MEMBERSHIP TERMS AND CONDITIONS, RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT is governed by and shall be construed in accordance with the laws of the state in which the business resides. If any provision of this Agreement is deemed unlawful or unenforceable, such provision(s) shall be fully separable, and the remainder of this waiver shall be in full force and effect. In signing this Release, I acknowledge and represent that I have read the foregoing HOP HOP PLAYGROUND MEMBERSHIP TERMS AND CONDITIONS, RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT, fully understand it, and sign it voluntarily as my own free act and deed; that no oral representation, statements or inducements, apart from the foregoing written agreement, have been made; that I am at least eighteen (18) years of age and fully competent; I voluntarily choose to allow myself and the below named minor child(ren) to participate in all activities, equipment, and games present at the facility; that I am the legal parent, guardian or adult caregiver authorized by the legal parent or guardian for the below named child(ren) and have the permission and authority to agree to the terms within; I have read the facility rules located outside of this Agreement (RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT), agree to abide by it and agree that the below named minor childr(ren) will abide by it; that I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same; and that this Agreement is to be binding upon myself, my heirs, executors, administrators, and representatives in the event of my death or incapacity.