Membership Application and Agreement

Air U, LLC

A Texas Limited Liability Corporation

Air U Annual Membership Club

Application and Membership Agreement
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY SIGNING THIS APPLICATION AND AGREEEMENT, YOU ACCEPT ALL TERMS OF THIS APPLICATION AND MEMBERSHIP AGREEMENT, AND IT WILL BE A VALID AND LEGALLY BINDING DOCUMENT BETWEEN YOU AND Air U, LLC (“Air U”).

MEMBERSHIP APPLICATION

MEMBERSHIP AGREEMENT

1. RECITALS.

  1. Whereas, Air U, LLC (“Air U”) operates Air U Indoor Trampoline Park in Longview, Gregg County, Texas; and
  2. Whereas, Air U desires to provide an annual membership to you in the Air U Annual Membership Club (“Club”) subject to the terms of this Membership Agreement (“Membership Agreement”); and
  3. Whereas, but for you joining the Club and agreeing to the terms of this Membership Agreement, you would be required to pay for the use of Air U’s Air U facilities (“Facilities”) on a per use basis; NOW, THEREFORE, for and in consideration of the monthly fee noted and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including being permitted to apply for Club membership and for the use of the Facilities, you hereby agree to be bound by all of the following terms and condition of this Membership Agreement, to wit:

2. AGREEMENTS.

  1. Terms Binding.   It is critical that you read the Club Membership Application, this Club Membership Agreement, and the Participant Agreement Indemnification, Waiver, General Release and Assumption of Risk (the “Participant Agreement”), which latter agreement is expressly incorporated into this Membership Agreement by reference as if same were wholly set forth at length, before purchasing a membership.  It contains important information that (i) addresses your conduct while using the Facilities, (ii) outlines economic and other obligations that you agree to assume as a member of the Club, and each time you utilize the Facilities, and (iii) highlights certain rights that we reserve so that we can ensure that your membership in the Club will be an enjoyable experience.  YOUR USE OF THE FACILITIES IS YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.
  2. Update to Terms.   It is your responsibility to read this Membership Agreement and keep apprised of any changes to it and the Participant Agreement. We may update or modify this Membership Agreement and/or the Participant Agreement at our sole discretion from time to time without prior notice to you.  We reserve the right to make updates by updating the information on our website, which may not include providing you with a written form of the updates. Any updates and modifications that we make to this Membership Agreement or the Participant Agreement will be binding on you even if you choose not to read them. The updates and modifications will be binding on you from the time that we post them; and each time you utilize the Facilities constitutes your agreement to the most current version of this Membership Agreement and the Participant Agreement, and acceptance of all their terms and conditions.
  3. Eligibility and Membership. Membership in the Club is offered to a Main Member, who must be at least 21 years old.  By agreeing to the terms and conditions of this Membership Agreement, you represent and warrant to us that you are at least 21 years old and are authorized to enter into this Membership Agreement.  If you are purchasing a Family Membership, then you are responsible for insuring that each member of your family complies with the terms of this Membership Agreement, the terms of use of the Facilities, and the Participant Agreement.  Only family members who are directly related to the Main Member by birth or marriage may be family members under your Membership.  Your Membership is personal to you, and shall not be assigned, sold, given, or otherwise transferred to anyone else.  Your Membership entitles you to utilize the Facilities for so long as you are in good standing with Air U.  Membership in the Club and permission to utilize the Facilities is contingent on the payment of all applicable fees and the observance of all terms and conditions of this Membership Agreement and the Participant Agreement.
  4. Fee & Payments. You agree to pay the Membership Fees and any other charges incurred in connection with your Membership in the Club or use of the Facilities (collectively, “Membership Fees”) at the rates in effect when the charges were incurred. We will immediately bill all Club charges incurred by you. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, in our sole discretion by giving you notice in advance. You are responsible for all fees and charges that you may incur in connection with your use and enjoyment of the Club and Facilities.
  5. Guest Policy. A Member may NOT bring guests as substitute members under your Membership.  Only the individuals identified in the Application may utilize your Membership in the Club.  If you bring a guest, then such guest must sign a Participant Agreement and pay normal fees associated with the use of the Facilities; provided, however, the Main Member is responsible for insuring that each such guest is informed of, and complies with the terms of, this Membership Agreement and the Participant Agreement. 
  6. Emails. You understand that from time to time, Air U may send you emails about Air U events and Air U news, and you grant Air U permission to contact you via email. At any time you may opt-out of receiving e-mails from the Club by contacting us. 
  7. Assumption of Risk. YOU ACKNOWLEDGE THAT UTILIZATION OF THE FACILITIES AND ACTIVITIES OCCURRING AT THE FACILITIES INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY OR DAMAGE TO YOURSELF, YOUR PROPERTY OR TO THIRD PARTIES. YOU UNDERSTAND THAT SUCH RISKS CANNOT BE WHOLLY ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE FACILITIES. BY UTILIZING THE FACILITIES, YOU ACCEPT AND ASSUME THE RISK ASSOCIATED WITH UTILIZING THE FACILITIES AND ANY ACTIVITIES OCCURRING DURING SUCH USE AND ELECT TO PARTICIPATE IN SPITE OF THE RISKS, KNOWN OR UNKNOWN.
  8. Health Responsibilities.  You agree that neither Air U nor its owners, managers, or employees are responsible for your health. You are solely responsible for maintaining and protecting your own health, and for taking your health into consideration in making decisions relative to your use  of the Facilities.  You also recognize that Air U cannot evaluate your physical condition and medical limitations as they pertain to your use of the Facilities. YOU ASSUME ALL RESPONSIBILITY FOR HAVING A THOROUGH MEDICAL EXAM PERFORMED BY A MEDICAL PRACTITIONER OF YOUR CHOICE BEFORE UTILIZING THE FACILITIES. YOU ALSO ASSUME ALL RESPONSIBILITY FOR ABIDING BY THE RECOMMENDATIONS OF SAID MEDICAL PRACTITIONER, INCLUDING, BUT NOT LIMITED TO, AS THEY PERTAIN TO LIMITATIONS ON USE OF THE FACILITIES OR OTHER  SIMILAR FACILITIES.
  9. Representations.  YOU HEREBY REPRESENT TO US THAT:
    1. You are at least twenty-one (21) years of age at the time of acceptance of this Membership Agreement;
    2. All identifying information provided by you in connection with the Club Membership Application and this Membership Agreement is accurate;
    3. Your application for Membership in the Club is made in good faith for the sole purpose of obtaining Membership in the Club and facilitating your use of the Facilities, and not for any other purpose; and
    4. YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF, HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. 
  10. Member Conduct.
    1. You may not drink alcoholic beverages while you are at or using the Facilities.  No alcohol shall be sold or otherwise transferred in violation of law while at the Facilities. You release and hold harmless and indemnify Air U from any damages that may occur because of your consumption of alcohol in relation to your use of the Facilities.
    2. No weapons of any kind are permitted at the Facilities unless you are a uniformed police officer and are on duty and identify yourself as such.  Possession of weapons is grounds for immediate termination of your Membership.
    3. No harassment, sexual or otherwise, physical abuse, or discriminatory conduct will be permitted at the Facilities. Any such conduct shall be immediately reported to Air U management. If the complaint is verified, then, at management’s sole discretion, you will be asked to leave the Facilities immediately.  Repeated offenses shall lead to the termination of your Membership, with no refund of fees or charges paid by you.
    4. No disorderly conduct or inappropriate attire, which shall be within the sole discretion of Air U management, shall be allowed at the Facilities.  If you become disorderly or are dressed inappropriately, and if you are asked to leave, you will do so immediately, and quietly. Your Membership may be immediately terminated if you fail to do so. If you are asked to leave more than once in any twelve-month period, your Membership will be immediately terminated.
  11. Private Events. Air U reserves the right to have private parties to which you may not be invited.  In this event, your use of the Facilities may be limited, restricted, or otherwise suspended during such private party, despite your Membership status.
  12. Release and Indemnity. You agree to release, waive, discharge, defend, indemnify, and hold Air U, its subsidiaries, affiliates, officers, employees, agents, attorneys, representatives, Members and other third parties (“Released Parties”) harmless from all liabilities, losses, damages, costs, and expenses (including attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your Membership in the Club, your use of the Facilities, and/or your violation of this Membership Agreement, any law or the rights of any third party.  You acknowledge that hazards are inherent in utilizing the Facilities, and hereby assume all risk of injuries, illness, or damages including, but not limited to, bodily injury or other ailments incidental to, related to, or arising from your use of the Facilities. You hereby forever for yourself, your heirs, executors and administrators absolve, release and waive any and all liability, claims or demands against the Released Parties which may arise out of, or be related to, any injury, damage or pecuniary loss by reason of your use of the Facilities.  Members’ guests are deemed to have been informed of such general hazards by the Member and deemed to have understood and accepted these same terms prior to their use of the Facilities. Members assume full responsibility for notification of these terms to their guests and any subsequent liability for failure to do so.  The Released Parties are not responsible for damaged, lost or stolen property. You agree that it is your responsibility to secure your valuables. 
  13. Suspension and Termination.  You agree that we, in our sole discretion, may deny you access to the Facilities and/or suspend or terminate your Membership in the Club, and your use of any or all of the Facilities if we (i) determine, in our sole discretion, that you are abusing the Facilities or your right to use the Facilities in a reasonable manner pursuant to your Membership in the Club, or (ii) believe in our sole discretion that you have violated this Membership Agreement, the Club Membership Application, the Participant Agreement, or any applicable rules, regulations, or policies of Air U, or (iii) determine, in our sole discretion, that your continued Membership is not in the best interests of the Club and its other Members, or (iv) you cause any nuisance or disturbance at the Facilities, or (v) determine, in our sole discretion, that you are at any time intoxicated or under the influence of any illegal substance, all without notice or liability to you or anyone else. You agree that any termination of your access to the Facilities under any provision of this Membership Agreement may be effected without prior notice, and that you will not be entitled to any refund of any fees or charges that you have previously paid to Air U. You also agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Facilities.  Further, you agree that we will not be liable to you or any third party for any termination of your access to the Facilities.  As a material inducement for us to grant you a Club Membership, you agree that you may NOT terminate your Membership in the Club without the express written consent of Air U, except as otherwise provided in this Membership Agreement.  Your Membership in the Club shall be for a minimum initial term of one (1) year.
  14. Limitation of Liability to Amount Paid by You. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTANGIBLE LOSSES, RESULTING FROM ANY USE OR INABILITY TO USE THE FACILITIES INCLUDING, WITHOUT LIMITATION, DISRUPTION ARISING FROM ANY CAUSE.  IF WE ARE ADJUDGED TO BE LIABLE BY A COURT OR OTHER BODY OF COMPETENT JURISDICTION TO YOU FOR ANY REASON WHATSOEVER, YOU AGREE AND UNDERSTAND THAT YOU MAY NOT RECOVER DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES THAT YOU ACTUALLY PAID TO US DURING THE YEAR IN WHICH THE EVENT OCCURRED THAT GAVE RISE TO OUR LIABILITY. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE CLUB MEMBERSHIP TO YOU. 
  15. Severability of Agreement; Conflict. If any provision or condition of this Membership Agreement if found to be illegal, unenforceable, or invalid, in whole or in part for any reason, the remaining provisions (or portions of them) and obligations shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. If there is a conflict between the provisions of the Club Membership Application and this Membership Agreement, the terms of this Membership Agreement shall prevail.
  16. Waiver. The failure of Air U to insist upon strict adherence to any term of this Membership Agreement on one or more occasions shall not be considered to be a waiver or deprive Air U of the right thereafter to insist upon strict adherence to such term or any other term of this Membership Agreement. In order to be effective, any waiver must be in writing and signed by a duly authorized agent of Air U.
  17. Governing Law and Miscellaneous. This Membership Agreement shall be governed by, and shall be construed in accordance with, the laws of the state of Texas (exclusive of the choice of law rules thereof). Air U reserves the right to interpret the terms and condition of this Membership Agreement, and the application thereof, in its sole and absolute discretion. This Membership Agreement and all documents incorporated by reference constitute the entire agreement between Air U and you with respect to the Club. No amendment to this Membership Agreement by you will be binding unless in writing signed by an authorized representative of Air U.
  18. Renewal.  Your Membership is for an initial term one (1) year.  Your Membership will automatically renew for a like term (from  year to year) unless you give us a written notice that you do not want your Membership to automatically renew at least thirty (30) days prior to the date of renewal, unless terminated earlier pursuant to this Membership Agreement. We may, in our sole discretion, decide to not to renew your Membership.

Revision: 2018-02-23.1

I authorize Air U to charge my credit card the monthly amounts indicated above on the 2 day of the each month for 12 months. I also authorize to charge of the prorated amount for the time between today and the next scheduled billing date. I understand that my information will be stored electronically for future transactions on my account.

I hereby authorize Air U to immediately charge my debit/credit card for the FEES that are associated with the Membership Type that I selected above.