Action Zone Membership Terms and Conditions
MEMBERSHIP
Your membership is a contractual privilege to use member-exclusive benefits, facilities and services, and participate in Action Zone sponsored activities, programs and events (collectively the “Action Zone membership benefits”) offered from time to time by Action Zone to your type of membership during Action Zone’s published hours of operation. Action Zone reserves the absolute right without notice to add, change or eliminate any membership benefits or membership types and to change its hours of operation. Your membership does not entitle you to any interest or ownership in Action Zone or its property and confers no right to participate in the management or operation of Action Zone. The membership types, the amount of initiation fees, dues and other charges payable by the members, the suspension and termination of members, and all other matters affecting or relating to your membership shall be in Action Zone’s sole discretion.
PAYMENTS
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Membership Payments. Effective January 1, 2020, there is no charge to become a member of Action Zone.
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Adjustment to Dues Rates and Other Fees. Monthly dues rates, charges and fees for services are subject to change, as deemed necessary by Action Zone. Action Zone may institute a monthly subscription with monthly dues rates by providing you with a minimum of thirty (30) days written notice.
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Service Charges and Late Fees. If and when Action Zone charges a membership fee, If any payment to Action Zone, including by check, charge or bank draft, is not honored, or if your account is past due, Action Zone shall have the right to the following remedies, in addition to any other legal or equitable rights:
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assess a service charge of $30.00 for each dishonored transaction and require reimbursement for cost collection;
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assess a late fee of $20.00 for all past due accounts;
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collect the current and past due balance in any subsequent months; and/or
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suspend or terminate this Agreement. Action Zone reserves the right to change these service fees and late fees at any time.
All payment disputes must be submitted in writing to Action Zone within 120 days of the disputed charge, to the extent permitted by law. Action Zone may transfer this Agreement to a collections agency, and you will be obligated to pay any collection and/or legal costs incurred by Action Zone in enforcing this Agreement.
CANCELLATION
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Additional Rights to Cancellation. Written notice of cancellation setting forth the reason for cancellation shall be delivered in person or sent by certified or registered United States mail to Action Zone at the address in this Agreement. If Action Zone is collecting membership dues, upon notice of membership termination membership dues for the current month will be refunded within fifteen (15) days of receipt of such notice of cancellation; provided that, Action Zone may (A) retain the expenses incurred and the portion of the total price representing the services used or completed; and (B) demand the reasonable cost of goods and services which you have consumed or wish to retain after cancellation of this Agreement. In no instance shall Action Zone demand more than the full contract price from you. Any reinstatement of a membership that is terminated, expired or canceled will require payment of a $50.00 reinstatement fee.
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Cancellation by Member. You may cancel your membership at any time by giving Action Zone thirty (30) days advance written notice. Such cancellation shall be deemed effective on the first day of the calendar month following the expiration of the 30-day notice period. If Action Zone has implemented a monthly subscription and dues, you will remain liable for payment of dues and other charges for periods prior to the effective date of cancellation. If you prepaid your membership dues or other charges, and are eligible to cancel your membership before the end of the prepaid period, Action Zone will refund prepaid amounts only for unused membership time. Any amounts due by you will be deducted from any refund due to you. Until you provide written notice of cancellation as stated above and make all outstanding payments, you will continue to be charged monthly dues.
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Cancellation by Action Zone. Action Zone may suspend or cancel your membership at any time for (1) failure to pay your monthly dues and other charges when due; (2) any other breach of this Agreement; or (3) any violation of the Guidelines or other rules and regulations of Action Zone. Action Zone also has the right to cancel your membership at any time without cause. If Action Zone has implemented a monthly subscription and dues, you will remain liable for payment of dues and other charges for periods prior to the effective date of cancellation. No refunds shall be made for membership dues and other charges except as specifically provided for in this Agreement. If your membership is terminated for cause, Action Zone reserves the right to retain the unused portion of any prepaid amounts made by you.
GUIDELINES, RULES, AND REGULATIONS
You agree to abide by Action Zone Community Guidelines, and all rules and regulations of Action Zone, as the same may be amended from time to time at Action Zone’s sole discretion. Any member who, in the sole determination of Action Zone, violates Action Zone’s Guidelines, rules or regulations, may be suspended or terminated by Action Zone.
DAMAGE TO PROPERTY. You understand and agree that Action Zone is not liable for loss, damage or theft of your personal property or that of your guests while in or on Action Zone Facilities. You shall be responsible for any and all damage to any property caused by you, your guests or your dependent children while attending Action Zone events, whether Action Zone owns the property or the property is owned by a third party.
INDEPENDENT CONTRACTORS. From time to time Action Zone will make available to you and your guests the services of independent contractors. Action Zone does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to you or your guests for any period of time, and hereby disclaims all liability arising out of such services.
SEVERABILITY. If any provision or any part of any provision of this Agreement is held unenforceable, such provision or portion thereof, shall be severed from this Agreement, and such unenforceability shall not affect the other provisions of this Agreement.
NOTICES. Please remember to inform Action Zone of any address or payment changes. Any notice given under this Agreement shall be considered delivered when mailed to your address listed on the front of this Agreement or as later changed by written notice to Action Zone. Any notice you send to Action Zone shall be considered delivered only when received by Action Zone.
ASSIGNMENT. Action Zone may assign this Agreement in its sole discretion. You may not assign this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties respective successors and assigns.
COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be exchanged by fax or electronic means (e.g., PDF), all of which shall be binding.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any discussions, offers, proposals, agreements or promises with respect thereto. This Agreement may be modified only by a written amendment signed by you and the Executive Director or other authorized individual representing Action Zone. Employees are not authorized to make any independent agreement.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. All actions arising under this Agreement shall be exclusively brought in a state or federal court in the City of Tampa.
ATTORNEYS’ FEES. If any action, suit, or other proceeding is brought relating to the enforcement or interpretation of this Agreement, the prevailing party shall recover all of such party’s reasonable fees and expenses, including attorneys’ fees and expenses incurred in connection with such action. This section shall not be deemed to provide for the award of attorneys’ fees for personal injury, or non-contractual claims.
Version 1.1 Effective January 1, 2020