All Monthly Memberships have a 3-month minimum commitment. After minimum commitment has been fulfilled, Monthly Memberships will continue to be billed monthly until a cancellation request has been sent to DEFY Sparks. Cancellations will be processed within 5 business days of receiving the request to cancel. Memberships are not eligible for cancellation until after the minimum-commitment has been fulfilled.
ELIGIBILITY AND CONDITIONS:
Each authorized Member must follow the Park’s rules, procedures, policies, instructions and have a photo with that Member’s participant and arbitration agreement, indemnification, general release and assumption (“Waiver”) signed waiver; which will be stored in the Park’s database. Member hereby expressly authorizes storage of his or her personal data on the Park’s database. A Member must have a proper photo and Waiver on file with the Park’s point of sale software. Photos on file for active Members must be periodically updated with current photos. At this time, Members must replace their photos every two (2) years. Further identification may be required. A Member must have his/her valid Waiver on file. Waivers must be updated at least once per calendar year. Monthly Memberships are not valid for private or special events including birthday parties, team parties, corporate events, groups, or other special events or promotions that require a separate admission, such as Lock-ins. Monthly Memberships are nonrefundable, nontransferable and remain the property of the Park. Restrictions apply including, but not limited to, capacity constraints and other closures. Monthly Memberships do not guarantee admission, especially during high attendance periods. Additionally, Monthly Memberships may not be used for commercial purposes and are void if altered or misused. A Member assumes the inherent risks associated with the operation or use of all trampolines and attractions and should read and obey all safety signage, instructions and rules. Parks, services, entertainment and attractions may change operating hours, close temporarily, or may otherwise change or be discontinued without notice and without liability. The Park is not responsible for lost or stolen property. Members must abide by any rules and regulations applicable to the Park or to the use of the Monthly Memberships as promulgated by the Park from time to time. Monthly Memberships are only valid at the location of purchase.
The Park reserves the right to cancel, suspend or revoke any Monthly Membership or deny park admission to any Member at any time for any reason. Cancellation, suspension or revocation of park privileges or of a Monthly Membership due to misuse and/or failure to adhere to park rules will result in the cancellation, suspension or revocation of park privileges and the Monthly Membership. In such case, your Monthly Membership subscription will be terminated or suspended immediately without refund.
A Member wishing to upgrade their Monthly Membership must choose a Monthly Membership of equal or greater value than the original park membership, and the difference in prices shall be due on the day of the upgrade. Each Member wishing to upgrade his/her ticket to a Monthly Membership must be present at the time of the upgrade transaction and request the upgrade on the same day of purchase. Only full price tickets may be upgraded to a Monthly Membership. Downgrades are not allowed.
Please report a change in your address in writing immediately to the Park.
The Park reserves the right in its sole discretion to modify or update the Monthly Membership rules and/or change, alter, or discontinue the Monthly Membership (including its structure), the lists of participating parks, or any reward or special status programs at any time without any liability or notice to Members beyond updating these Monthly Membership rules. The result of such modification, update, change, alteration or discontinuation may include the decrease in redemption value or cancellation of credit not yet redeemed.
All questions or disputes regarding an individual’s Monthly Membership eligibility, or a Member’s compliance with the Monthly Membership rules will be resolved by the Park in its sole discretion.
Any Monthly Membership awarded to an individual, as well as any prize or gift provided to a Member, may be taxable, depending on the value of the item and the applicable federal, state, and local tax laws. Members and recipients of any price or gift are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations.
By signing the Monthly Membership you agree to release the Park, its parent(s), affiliates, divisions, related companies, third-party prize/reward providers and suppliers, and agents, and its and their respective officers, directors, owners, and employees, (each a “Releasee”) from any and all losses, harm, damages, cost, or expense, including without limitation property damages, personal injury, and/or death, arising from or connected to the Monthly Membership, including, without limitation, (i) the collection, redemption, revocation, or deletion of credits, (ii) the issuance of reward vouchers and use of the Monthly Membership, (iii) the suspension, termination, or modification of your Monthly Membership or account, (iv) entering the Park and/or use of the Park and its attractions, and (v) the suspension, modification, or termination of the Monthly Membership or any reward or special status programs therein.
The Monthly Membership and its prizes, merchandise, sweepstakes and sweepstakes entries, products or services provided through the Monthly Membership are provided and must be accepted on an “as is” and “as available” basis without warranties of any kind. The Park, and its partners or administrators, and each of the foregoing’s respective agents or representatives make no representations or warranties, express or implied, and disclaim any and all liability as to the condition, quality, merchantability, or fitness for a particular purpose of products and/or services provided by or through the Monthly Membership including, without limitation, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement, title, or quiet enjoyment.
Under no circumstances shall any of the Releasees be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the Monthly Membership or Members’ participation therein, including, without limitation, any Monthly Membership program prizes, merchandise, or services made available as part of the Monthly Membership. In any event, any liability of the Park arising in connection with the provision of Monthly Membership program or prizes will be limited to the approximate retail value of the applicable reward or prize. 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. 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. By participating in the Monthly Membership, you waive any and all rights to bring any claim or action related to your participation in the Monthly Membership 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.
You agree to defend, indemnify, and hold harmless the Releasees’ from all liabilities, claims, damages, costs, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of the Monthly Membership or the Park’s rules. Furthermore, you agree to reimburse the Park for any Monthly Membership program or prizes that were fraudulently obtained by you. The Monthly Membership rules are governed by the laws of the state of Delaware without regard to the conflicts of laws rules of any jurisdiction. Any dispute, claim or cause of action arising out of or concerning the interpretation or effect of the Member rules and/or your participation in the Monthly Membership except where prohibited, shall be resolved individually, without resort to any form of class action. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
If any provision of the Monthly Membership rules is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render the Monthly Membership rules 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.
Any waiver by the Park of a breach of any provision of the Monthly Membership rules shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach of any other provision of the Monthly Membership rules. Failure by the Park to insist upon strict adherence to any provision of the Monthly Membership rules on one or more occasions shall not be considered a waiver or deprive the Park of the right to insist upon strict adherence to that provision or any other provision of the Monthly Membership rules.
YOU ARE ENTITLED TO A COPY OF YOUR AGREEMENT AT THE TIME YOU SIGN IT UPON REQUEST.