This agreement (“Agreement”) sets forth the terms and conditions of your membership as a member (“Member”) of Modern Round USA (“Modern Round”). If you have any questions, please feel free to consult any member of our staff for assistance.
I HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE INFORMATION UNDER THE TERMS, CONDITIONS AND POLICIES OF THIS MEMBERSHIP AGREEMENT. IN ADDITION, I UNDERSTAND AND AGREE THAT THE ASSUMPTION OF RISK, WAIVER AND RELEASE OF ALL CLAIMS PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE IN EFFECT THROUGHOUT MY MEMBERSHIP WITH MODERN ROUND. I ALSO UNDERSTAND AND AGREE THAT IF MY MEMBERSHIP IS INTERRUPTED FOR ANY REASON, THIS AGREEMENT WILL REMAIN IN EFFECT DURING THE PERIOD OF INTERRUPTION AS WELL AS AFTER THE MEMBERSHIP IS REINSTATED. THIS AGREEMENT IS THE ENTIRE AGREEMENT, AND NO VERBAL OR OTHER AGREEMENTS HAVE BEEN MADE TO ALTER THE TERMS OF THIS AGREEMENT.
Modern Round MEMBERSHIP TERMS AND CONDITIONS
1. MEMBERSHIPS: Modern Round currently offers a variety of memberships at select locations. These memberships will collectively be referred to as “Modern Round Memberships” in this agreement.
2. MEMBERSHIP TERMS: If you choose a Modern Round Membership, you agree that as a condition of your continued membership at Modern Round you authorize Modern Round or its agent to charge your Payment Card the Annual Membership Fee (plus applicable taxes). You will on each periodic anniversary date of your membership, until your Modern Round Membership is canceled, as set forth in Paragraph 19 below pay for annual renewal of this membership. For example, if your Annual Membership began on June 19, your periodic anniversary date is the 19th of June each year, and you will have to pay your renewal on your next visit to Modern Round. You agree to pay the Annual Membership Fee (plus taxes) in accordance with your Payment Card issuer agreement, if applicable.
3. PAYMENT CARDS: You may pay by corporate check, VISA®, MASTERCARD®, or AMERICAN EXPRESS® credit card or VISA or MASTERCARD check card(check card must bear the VISA or MASTERCARD logo) or cash for any membership. Any such credit or check card shall be referred to as the “Payment Card”. You also authorize Modern Round to place a pending charge to your Payment Card when you sign up for any membership and prior to each subsequent periodic charge for Annual Membership. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length) and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per $1 of pending charge. You also authorize Modern Round to charge your Payment Card for any other charges you may incur associated with your Monthly Membership, if applicable.
BILLING FEES RELATING TO YOUR PAYMENT CARD. You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
b. EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD.
If your Payment Card for any reason will not accept charges for any Annual Membership Fee, your Annual Membership will be immediately suspended until payment is collected. In order for your membership to be reinstated, you must make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by contacting your membership department. If your membership is terminated by Modern Round, you will not receive a refund on any amounts paid under any type of membership. Payments made to Modern Round for Monthly Membership are non-refundable.
c. MEMBERSHIP FREEZE
Modern Round does not offer the ability to temporarily suspend, or “freeze,” an Annual Membership.
Modern Round may suspend or terminate your membership at any time for any breach of this Agreement or for any other reason by giving you written or oral notice of such termination, with or without cause. If your membership is terminated by Modern Round, you will not receive a refund on any amounts paid under any type of membership.
If a Member is under 18 years of age at the date the terms and conditions of this Agreement are accepted, a Co-signer is required. As Modern Round would not have agreed to enter into this Agreement without the promises of the Co-signer, the Co-signer promises to pay all amounts due to Modern Round under this Agreement when due, and to keep and perform all the Member’s promises and agreements. The Co-signer’s promises and agreements are joint and several with the Member’s promises and agreements. If more than one person signs this Agreement as Co-signer, the promises are both joint and several.
8. CHANGES TO POLICIES, FACILITIES, AND PROGRAM
Modern Round may introduce new facilities or programs from time to time, available to Members for an additional fee. Modern Round may publish and amend policies and regulations for the facilities, or modify its fees for membership, from time to time. You acknowledge that Modern Round may change membership fees at any time; provided, however, that Modern Round will give prior notice via e-mail to Annual Membership holders of any change to the periodic membership fees. Modern Round reserves the right to suspend, modify or end the membership program without prior notice, in its sole discretion. You agree that membership at Modern Round does not involve an extension of credit or a retail installment sale since Modern Round does not impose a finance charge and you may cancel membership at any time. Void where prohibited.
9. HOURS OF OPERATION/
From time to time, Modern Round may make reasonable changes to the days and hours that the facility is open for business. You understand that Modern Round will be busier at some times than others on different days of the week.
10. PICTURE IDENTIFICATION/SIGN IN
You agree to have your picture taken for Modern Round’s internal purposes upon joining if requested by Modern Round. Members and guests must check-in at the front desk upon entering Modern Round. Members must show their membership via app or phone number to the receptionist. We may require members and guests to show additional photo identification prior to admittance to Modern Round. Members must be in good standing (that is, paid to date) to use Modern Round as a Member.
You understand that your use of Modern Round facilities will be undertaken at your sole risk. You agree that you are voluntarily participating in activities and use of the facilities and premises (including the parking lot) and assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property.
You agree that Modern Round, its officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of you or your property (including lost or damaged personal possessions), arising out of or connected with the use of any of the services and/or facilities of Modern Round. You expressly release and discharge Modern Round, its officers, directors, employees, and agents from all such claims, demands, injuries, damages, actions or cause of action, notwithstanding any negligence on the part of one or more of them.
By playing at any Modern Round facility, you agree to abide by the safety rules from the safety video, as well as other safety rules posted at the facility and/or online.
13. VIOLATION OF POSTED RULES AND REGULATIONS
All Members and guests are subject to compliance with any rules and regulations of Modern Round that may be posted from time to time at the facility and/or online. In the event that a Member fails to comply with said rules and regulations, Modern Round may (1) suspend all membership privileges or (2) void this Agreement and revoke all membership privileges. Modern Round reserves the right to amend or alter these rules and regulations at any time in our sole discretion. All amendments to these rules and regulations are effective immediately.
You will immediately report any accident or injury suffered in Modern Round’s facilities to a staff person, and you will provide a written report from your doctor within a reasonable time, if requested by Modern Round.
15. DRESS CODE/PERSONAL CONDUCT
Appropriate clothing and footwear is required within the facility at all times. Bare feet are not acceptable anywhere at Modern Round. Inappropriate, foul and/or lewd language or behavior is not acceptable and will result in suspension of your membership.
Members and guests are subject to the control and guidance of the Modern Round staff and must follow their instructions while at Modern Round. Members and guests agree to conduct themselves in a well-mannered fashion when in or about Modern Round and not cause any disturbances or interfere with the safe use or enjoyment of Modern Round by other members and guests.
16. DAMAGE TO FACILITIES
You agree to pay for damage to Modern Round equipment and premises and third party property outside of Modern Round caused by you and/or your guests (or guests’) careless use of equipment or other intentional or negligent acts.
17. TEMPORARY CLOSURE
Modern Round may temporarily close the facilities in its sole discretion for any reason including, without limitation, in the case of inclement weather. Members and guests are immediately required to comply with announcements and staff instructions regarding weather-related stoppages.
18. EARLY TERMINATION BY Modern Round
Modern Round may terminate this Agreement for breach of terms and conditions, or policies or regulations adopted by Modern Round from time to time. Modern Round may terminate this Agreement without cause if a 90 day notice is given to the Member.
19. LIMITATION OF LIABILITY
Recovery for any breach of this Agreement by Modern Round is strictly limited to the amount you have paid to Modern Round, and you agree that recovery of incidental and consequential damages are not a remedy available to you
NON WAIVER: No waiver of any provision in this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver.
Modern Round may assign this Agreement, and, provided that the assignee agrees to assume the obligations of Modern Round in this Agreement, then Modern Round will be fully relieved of those obligations upon notice to you of the assignment. You understand that you may not assign your membership to another person.
b. GOVERNING LAW
This Agreement is governed by the laws of the State of Arizona, and the parties hereto agree to the venue of the District Court of Maricopa County. INVALID PROVISIONS: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
c. ENTIRE AGREEMENT & DEFINITION
This document incorporates the entire Agreement between Members and Modern Round. Modern Round reserves the right to modify this Agreement from time to time. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express, implied or statutory, between us except as specified in this document