Membership Agreement
[CHECKBOX] By Checking the Box and Electronically Signing Below, I affirm that I have carefully read the Membership Terms and Conditions outlined below, understand their content and purposes, and voluntarily agree to all of them.
THE FOLLOWING MEMBERSHIP TERMS AND CONDITIONS INCLUDE A NON-BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS HEREUNDER. BY AGREEING TO THE MEMBERSHIP TERMS AND CONDITIONS, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND AGREE TO BE BOUND AS SET FORTH HEREIN.
The words “you” and “your” mean the person agreeing to the Ninja Kidz Park Membership Terms and Conditions (the “Terms and Conditions”) purchasing a Ninja Kidz Park membership, any person who provides payment for the fees described herein, and any minor on whose behalf a parent or legal guardian agrees to this Agreement. The words “Ninja Kidz,” “we,” “our,” “we,” and “us” refer to [The Entertainment Park South Jordan, LLC] and Spacebound Operations, LLC. This Agreement is between you and us. By entering into this Agreement, you also agree to Ninja Kidz’s Privacy Policy, E-Sign Disclosure Policy, [Terms of Service], and [Health and Safety Policy], which are incorporated in this Agreement as if set forth herein. The Privacy Policy describes Ninja Kidz’ information gathering and privacy practices and the use of your personal information and is available for review at https://www.ninjakidzparks.com/privacy-policy/ninjakidz-101-southjordan. The E-Sign Disclosure and Agreement outlines your agreement to enter this transaction electronically and receive documents electronically and is available for review at https://www.ninjakidzparks.com/membership-agreement/ninjakidz-101-southjordan. The Terms of Service describe terms for using the Ninja Kidz Parks and are available for review at https://www.ninjakidzparks.com/terms-of-service/ninjakidz-101-southjordan. The Health and Safety Policy sets the general health and safety requirements for the use of the Ninja Kidz Parks and specific attractions and is available for review at https://www.ninjakidzparks.com/health-safety/ninjakidz-101-southjordan.
YOU ACKNOWLEDGE THE TERMS AND CONDITIONS OUTLINED BELOW ARE APPLICABLE TO EACH NINJA KIDZ MEMBERSHIP. IF YOU ARE PURCHASING A MEMBERSHIP, THE TERMS AND CONDITIONS WILL APPLY TO YOU.
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MEMBERSHIP TERM. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND AND AGREE THAT THIS MEMBERSHIP WILL AUTOMATICALLY BE RENEWED AND CONTINUE ON A MONTH-BY-MONTH BASIS UNLESS TERMINATED IN WRITING BY YOU OR US IN ACCORDANCE WITH THE TERMS AND CONDITIONS. If you add a new member or upgrade an existing membership, the membership will automatically be renewed and continue on a month-by-month basis unless terminated in writing by you or us in accordance with the Terms and Conditions.
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Membership Benefits. While your Membership is active, you may use your membership benefits only at the Ninja Kidz Park where you purchased your membership. You will be required to pay the regular admission fee to visit other Ninja Kidz Parks. If we later allow your membership benefits to be used at Ninja Kidz Parks other than where you purchased your membership, we will notify you of this change in writing. In such cases, attractions, offerings, and pricing may vary between Ninja Kidz Parks, certain member benefits and attractions may not be available at some Ninja Kidz Parks, and you will be required to pay a fee to visit other Ninja Kidz Parks where you did not purchase your membership. Some membership benefits may be available on a first-come, first-served basis or subject to limited supplies and capacity. Membership benefits may not be available at some Ninja Kidz Parks due to the closure of the Park or specific attractions for any reason, including, but not limited to, private or special events, Park capacity, and attendance, unavailability of food, beverages, or merchandise, or other circumstances. Memberships are not valid for special events, including, but not limited to, private events or birthday parties, unless specifically included in your membership benefits. Memberships, membership benefits, and member discounts are for personal use only and are nontransferable, may not be combined with any other offer or promotion, and may not be used to obtain or purchase items or services with the intent to resell such items or services. You must present proof of membership, as Ninja Kidz may, in its sole discretion, change, alter, eliminate, or revise any membership benefits and discounts.
At our sole discretion, we may change any of the Terms and Conditions or the features, services, and/or benefits provided to Members. We will notify you at least 30 days in advance of any such change becoming effective at the email or other address you provide herein or any updated address you subsequently provide to us in writing.
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RECURRING PAYMENT AUTHORIZATION. BY AGREEING TO THE TERMS AND CONDITIONS AND BY PURCHASING A NINJA KIDZ MEMBERSHIP, YOU AUTHORIZE US TO AUTOMATICALLY CHARGE THE CARD YOU HAVE SPECIFIED (YOUR “CARD”) (1) FOR THE FIRST RECURRING MONTHLY MEMBERSHIP PAYMENT AND APPLICABLE TAXES ON THE DAY YOU AGREE TO THE TERMS AND CONDITIONS AND PURCHASE A NINJA KIDZ MEMBERSHIP, (2) ON OR ABOUT THE SAME DAY OF EACH MONTH THEREAFTER FOR MONTHLY MEMBERSHIP FEES PLUS APPLICABLE TAXES UNTIL EITHER YOU CANCEL OR WE TERMINATE YOUR MEMBERSHIP IN ACCORDANCE WITH ITS TERMS; (3) IN LIEU OF PRESENTING THE CARD FOR PAYMENT OF ANY GOODS OR SERVICES RECEIVED OR CHARGES INCURRED BY YOU UNDER FOR THE MEMBERSHIP; AND (4) ALL ADDITIONAL FEES AND CHARGES INCURRED BY YOU THROUGH YOUR MEMBERSHIP, INCLUDING, BUT NOT LIMITED TO, APPLICABLE TAXES, AND GOVERNMENT FEES. During the membership signup process, you must designate an available payment method to pay those amounts you owe under your membership. Ninja Kidz or its affiliate will charge your Card on or about the same day each subsequent month (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. For purposes of identification and billing, you agree to provide us with current, accurate, complete, and updated information, including your name, address, telephone number, and applicable payment data. You agree to notify us promptly of any changes to your information, including any changes to your method of payment. You may change or update the Card you designate as your payment method or view the amount you owe that will be charged to your Card and the date your Card will be charged on the Ninja Kidz payment portal www.urbanairmembership.com.
YOU ACKNOWLEDGE AND AGREE THAT WE MAY CHANGE THE AMOUNT OF YOUR RECURRING MONTHLY MEMBERSHIP FEES, PROVIDED WE GIVE YOU WRITTEN NOTICE AT LEAST 30 DAYS IN ADVANCE OF SUCH A CHANGE. SALES TAXES AND OTHER GOVERNMENT-IMPOSED FEES ARE NOT A PART OF YOUR MONTHLY MEMBERSHIP FEE AND MAY BE ADDED OR ADJUSTED AT ANY TIME WITHOUT NOTICE AS REQUIRED BY LAW.
You are responsible for payment of your monthly membership payments and all other amounts you owe under the Terms and Conditions and your membership. If Ninja Kidz is unable to obtain payment the first time Ninja Kidz attempts to charge your Card, Ninja Kidz may attempt to charge repeatedly until payment in full is received. It is your responsibility to ensure that the Card you designated 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 Ninja Kidz 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 YOUR MEMBERSHIP TERM, YOUR MEMBERSHIP MAY BE SUSPENDED, AND YOU MAY BE REFUSED ADMISSION TO NINJA KIDZ PARKS AND ACCESS TO OTHER MEMBERSHIP BENEFITS UNTIL THE AMOUNT YOU OWE IS PAID. FURTHER, YOU ACKNOWLEDGE THAT IF PAYMENT BY CARD IS NOT COMPLETED (OR IS REVERSED) AND REMAINS DUE FOR MORE THAN 30 DAYS, YOUR MEMBERSHIP MAY BE TERMINATED.
Failure to use your membership or your member benefits does not relieve you of responsibility for payment. In addition, regardless of the number of times you use your membership or access your membership benefits, there are no refunds on amounts paid on any membership except as provided in the Terms and Conditions.
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Membership Cancellation. You may cancel your membership at any time online at https://www.ninjakidzparks.com/membership-cancellation/ninjakidz-101-southjordan. Memberships may not be canceled by telephone, mail, email, or fax and may only be canceled as described in this section. Your cancellation request will be effective 10 days after it is received. Any membership payments due prior to the cancellation effective date will be charged by us as scheduled.
Upon cancellation due to death or disability, you or your estate shall be relieved from the obligation of making monthly membership payments due after the date of death or the receipt, by Ninja Kidz, of certification of your physical disability. A physical disability sufficient to warrant cancellation of your membership shall be established if you furnish us with a written certification of such disability by a licensed physician, provided the diagnosis or treatment is within the physician’s scope of practice.
If you permanently move your residence more than 35 miles from the location of the Ninja Kidz Park where you purchased your membership. Upon Ninja Kidz’s receipt of acceptable written verification of your move, you shall be relieved from the obligation of making monthly membership payments due after receipt of such written verification.
All requests for membership cancellation due to death, disability, or relocation must be submitted in writing with verification of death, disability, or relocation by email to sojo@ninjakidzparks.com or by mail or hand-delivery to the following address: Ninja Kidz, Attn: Membership Services, 11617 S Pkwy Plaza Dr, South Jordan, UT 84095.
5. Membership Suspension. Ninja Kidz may suspend your membership, in its sole discretion, for any reason, including but not limited to the following circumstances:
(a) If Ninja Kidz 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 the membership benefits of all members under your membership will be suspended. If your membership is suspended due to failure to pay amounts owed, your membership will be immediately reinstated if you pay all monthly membership payments and other amounts that are due before your next monthly payment is due.
(b) If any member under your membership is suspected of violating any provision of the Terms and Conditions, Terms of Service, or other Park rules, regulations, or policies of Ninja Kidz or is suspected of fighting or rowdy behavior in any Ninja Kidz Park or allowing someone else to use the member’s membership, Ninja Kidz may suspend any or all of the members under your membership and deny all members thereunder access to any Ninja Kidz Park while the alleged violation is investigated. Upon conclusion of Ninja Kidz’s investigation and depending upon the findings of such investigation, Ninja Kidz, in its sole discretion, may either reinstate the suspended members and membership or immediately terminate such membership. If a member or membership is reinstated following an investigation under the Terms and Conditions, the member’s monthly membership payments will continue as scheduled.
Ninja Kidz will notify you in writing if your membership is suspended at the email or other address you provide when purchasing your membership, or at any updated address you subsequently provide to us in writing.
6. Membership Termination. Ninja Kidz reserves the right to terminate or refuse to renew your membership at any time for any reason not prohibited by law and to collect any delinquent or outstanding balance(s) that has not been paid, including for any monthly payments owed. If your membership is terminated, Ninja Kidz will notify you in writing at the email or other address you provide upon purchasing your membership or any updated address you subsequently provide to us in writing. When a membership is terminated, the affected membership will be deactivated permanently, and the affected member(s) will no longer be eligible to receive any of the benefits of membership. Reasons for membership termination include, without limitation, the following circumstances:
(a) If you fail to make monthly membership payments or other amounts you owe at the time they are due.
(b) If you use your membership for commercial purposes or engage in activity that Ninja Kidz, in its sole discretion, deems improper, including without limitation, allowing someone else to use your membership, fighting or rowdy behavior at any Ninja Kidz Park, or if Ninja Kidz determines that you or any member under your membership violated any provision of the Terms and Conditions, Terms of Service or any other rules, regulations, or policies of Ninja Kidz.
(c) If Ninja Kidz, in its absolute and sole discretion, for any reason elects to terminate your membership.
If Ninja Kidz elects to terminate your membership effective immediately, for any reason including but not limited to any of the reasons listed above, any amounts that are owed to Ninja Kidz shall become immediately due and payable. You agree that we may charge all such fees and costs to your Card on the effective date of the termination of your membership.