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SKY ZONE

HOMESCHOOL MEMBERSHIP STANDARD TERMS AND CONDITIONS

In consideration of, and as an inducement and condition to, the operator of the Sky Zone park for which you have requested a Homeschool Membership (such operator, collectively with its affiliates and designees, being referred to herein as “SKY ZONE”) allowing you to become a SKY ZONE member, and participate in programs, events and activities conducted or organized by or through SKY ZONE, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Homeschool Membership Standard Terms and Conditions (these “Terms”). 

1. GENERAL. Your Homeschool Membership Agreement with SKY ZONE consists of your member enrollment information (including your member information, contact information, payment information, SKY ZONE Homeschool Membership (“Homeschool Membership” or the “Program”), and authorized users of your membership) and these Terms, which collectively are referred to in these Terms as this “Homeschool Membership Agreement” or “Agreement.” This Agreement governs your membership in the Program. Throughout these Terms, we will refer to you as “you” or “Member” and to us as “we” or “SKY ZONE.” These Terms are important and affect your legal rights, so please read them carefully. Note that Section 20 below contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

2. HOMESCHOOL MEMBERSHIP. The Program and benefits are specific to the SKY ZONE location from which you purchased your SKY ZONE Homeschool Membership. SKY ZONE locations are referred to in these Terms as a “Location” and “Locations.” Your Homeschool Membership is offered by and has been purchased from the operator of the specific SKY ZONE location from which you purchased your SKY ZONE Homeschool Membership (each, an “Operator”). Please see Location specific Homeschool Membership information at a Location or at www.skyzone.com for the specific Location. HOMESCHOOL MEMBERSHIPS ARE ONLY VALID AT THE SPECIFIC SKY ZONE LOCATION WHERE YOU PURCHASED THE HOMESCHOOL MEMBERSHIP. 

3. HOMESCHOOL MEMBERSHIP TERM. The Homeschool Membership requires a minimum commitment commencing on the Start Date (defined in Section 4) and continuing for thirty (30) days after your final Billing Date (defined in this Section 3) in April 2023 (“End Date”).

As an example, if you purchase your Homeschool Membership on the 15^th day of the month, then your billing date (“Billing Date”) will occur on the 15^th day of each subsequent month, with your final Billing Date occurring on April 15, 2023. Your End Date will then occur thirty (30) days after April 15, 2023, which would be May 15, 2023. In no event will any Homeschool Membership remain active beyond May 30, 2023.

By purchasing a Homeschool Membership you are agreeing to a minimum term commitment as set forth in this Section 3. THERE ARE NO REFUNDS AND THE HOMESCHOOL MEMBERSHIP CANNOT BE CANCELED AT ANY TIME PRIOR TO THE END DATE, EXCEPT AS PROVIDED IN SECTION 5. 

4. START DATE. The term of your Homeschool Membership begins on the date of the purchase of your Homeschool Membership (the “Start Date”) and continues until the End Date, as set forth in Section 3 above.

5. PAYMENT. You agree that your membership has a minimum term commitment as set forth in Section 3 above, with your final Billing Date occurring in April 2023. You understand that, if you cancel this Agreement within the first seventy-two (72) hours of the Start Date using the online cancellation method described in (a) below, you will receive a refund of pre-paid but unused fees. You further understand that you may not otherwise cancel this Agreement any time prior to the End Date. You agree that each month on the Billing Date, you will be charged the amount outlined below, per month, plus any then-applicable taxes, fees, which will be charged to your payment method on file. You acknowledge that you must maintain a valid payment method on file, and you authorize SKY ZONE, and their respective third-party payment processor(s) to charge your payment method for the total price of your membership and for any other fees and charges as and when they are incurred in using your membership, or SKY ZONE products, services, or facilities. You understand that you may only cancel your membership within seventy-two (72) hours of the Start Date, and for any reason, either by (a) completing the cancellation form at DEFY.COM/MEMBERSHIPCANCEL and clicking “Cancel Membership” or (b) sending a cancellation request via mail to c/o Member Services Team, at 86 N. University Ave., # 350, Provo, Utah 84061, with your name, membership number, and a request to cancel your membership. NO CANCELLATION AFTER THE FIRST SEVENTY-TWO (72) HOURS IMMEDIATELY FOLLOWING THE START DATE.

6. ADDITIONAL AGREEMENTS AND COVENANTS. You represent, or acknowledge and agree (as the case may be), that:

a. you have the authority to bind all of the members added to your membership to this Agreement;

b. all individuals added and paid for under your membership will be regarded as active members until the End Date. NOTE: you must identify each member whose membership you want to cancel; SKY ZONE will NOT automatically cancel all listed members;

c. you will promptly notify SKY ZONE of any change in your account information;

d. you are an authorized user of the credit card used to purchase this membership, and you will not dispute the scheduled transactions with your bank or credit card company so long as the amounts charged are in accordance with the terms and conditions of this Agreement;

e. you understand that SKY ZONE will not charge you a fee for authorizing recurring payments, but that your financial institution may charge you a fee for accepting and processing electronic debit transactions;

f. in the event the credit card provided is declined, you grant SKY ZONE the permission to re-submit the card for payment; and

g. you understand that you have the right to cancel this Agreement using the procedure described in Section 5 above within seventy-two (72) hours of the Start Date of your membership described above to receive a full refund of any pre-paid, but unused fees. Refunds will be processed within thirty (30) Operating Days of receipt of the cancellation notice by SKY ZONE. “Operating Day” means any day on which patrons may inspect and use the facilities and services of the Facility that issued your Program membership.

7. DURATION OF MEMBERSHIP: All memberships have a minimum commitment as set forth in Section 3 above. Subject to the foregoing, all payments are nonrefundable and there are no refunds or credits for partially used periods.

8. ELIGIBILITY AND CONDITIONS: Each Member must have a photograph of him/herself associated with his/her liability waiver on file with SKY ZONE, for identification purposes. Liability waivers are valid one (1) year from signing, therefore to remain an active Homeschool Membership you must update your liability waiver. Also, to remain active, you must update your photo in accordance with procedures specified by SKY ZONE from time to time. At this time, Members must have an updated photo within two (2) of the Homeschool Membership Term. SKY ZONE reserves the right to request additional forms of identification verification. Homeschool 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 Glow, Lock-ins and weekend or special toddler times unless otherwise specified. Memberships are nonrefundable, nontransferable and remain the property of SKY ZONE. Restrictions apply including, but not limited to, capacity constraints and other closures. Homeschool Memberships do not guarantee admission, especially during high attendance periods. Homeschool Memberships may not be used for commercial purposes and are void if altered or misused. All questions or disputes regarding an individual’s eligibility, the earning/use/conversion of credits, or a Member’s compliance with this Agreement will be resolved by SKY ZONE in its sole discretion.

9. TERMINATION: SKY ZONE reserves the right to cancel, suspend or revoke any membership or deny Location admission to any Members at any time for any reason. Cancellation, suspension or revocation of Location privileges under the Program due to your violation of SKY ZONE policies or rules, may, at SKY ZONE’s sole discretion, result in you being barred from visiting any and all other SKY ZONE locations without any refund of prepaid fees.

10. UPGRADES; DOWNGRADES: Homeschool Memberships are not eligible for any upgrades or downgrades.

11. ADDRESS CHANGE: You must promptly report to SKY ZONE in writing a change in your address. Changes can be made only by updating your information at the Location or by phone.

12. PRIVACY: Please review SKY ZONE’s Privacy Policy, which may be found here: https://www.skyzone.com/terms for information about how we collect, use and disclose information about you as part of the Program. By enrolling in the Program, you acknowledge that you have read SKY ZONE’s Privacy Policy as well as the Privacy Policy. As a Member you agree to the terms of the SKY ZONE privacy policy and the use of your personal information as set forth therein.

13. CERTAIN LIMITS AND RESTRICTIONS: Permitted jump time included in your Homeschool Membership cannot be combined with any other offers, deals, discounts, or promotions. You must purchase additional jump time at regular prices. Unless otherwise expressly specified, membership does not include private events (including birthday parties, team parties, corporate events, group events) or events that require separate admission, or programs such as GLOW, Lock-ins or special Toddler Times. Membership does not guarantee admission, especially during high attendance or other closure periods. Memberships are nonrefundable, nontransferable and remain the property of SKY ZONE. Additionally, memberships may not be used for commercial purposes.

14. CHANGES. SKY ZONE reserves the right in its sole discretion to modify or update this Agreement and/or change, alter, or discontinue the Program, the list of participating Locations, Location services, entertainment or attractions, operating hours, and any reward or special status programs at any time and without notice to members beyond updating this Agreement. If we make changes, we will attempt to provide reasonable notice of such changes, such as by sending an email notification or posting an announcement on our website or the website of the Location that issued your Program membership.

15. TAXES. The Program, 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 are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations.

16. ASSUMPTION; INDEMNIFICATION AND RELEASE OF LIABILITY. By participating in the Program, you assume the inherent risks associated with the operation of all trampolines, rides and attractions and should read and obey all safety signage, instructions and rules. In addition, you hereby release SKY ZONE, its parents, subsidiaries, 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, whether known or unknown, including without limitation property damages, personal injury, and/or death, arising from or connected to the Program, including, without limitation, (a) the collection, redemption, revocation, or deletion of credits, (b) the issuance of reward vouchers and use of Program, (c) the suspension, termination, or modification of your membership or account, and (d) the suspension, modification, or termination of the Program or any reward or special status programs therein. In addition, you agree to defend, indemnify, and hold harmless the Releases from all liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of this Agreement. Furthermore, you agree to reimburse SKY ZONE for any Program benefits, if you fraudulently obtained them.

17. YOU ACCEPT THE SERVICES “AS IS.” The Program, membership therein, and all prizes, merchandise, sweepstakes, contests, products or services provided through the Program are provided and must be accepted on an “as is” and “as available” basis without warranties of any kind. SKY ZONE, SKY ZONE PARTNERS OR ADMINISTRATORS, AND EACH OF THEIR 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 PROGRAM INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

18. LIMITATION OF LIABILITY. 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 PROGRAM OR YOUR PARTICIPATION THEREIN, INCLUDING, WITHOUT LIMITATION, ANY PROGRAM PRIZES, MERCHANDISE, OR SERVICES MADE AVAILABLE AS PART OF THE PROGRAM. IN ANY EVENT, ANY LIABILITY OF SKY ZONE ARISING IN CONNECTION WITH THE PROGRAM WILL BE LIMITED TO THE GREATER OF (A) THE MEMBERSHIP FEES PAID TO SKY ZONE (EXCLUDING TAXES) IN THE PREVIOUS THREE (3) MONTHS, AND (B) ONE HUNDRED DOLLARS ($100). 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.

19. STATUTE OF LIMITATIONS. By participating in the Program, you waive any and all rights to bring any claim or action related to your participation in the Program 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.

20. BINDING ARBITRATION; CLASS ACTION WAIVER. EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, “DISPUTES”) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND SKY ZONE AGREE (A) TO WAIVE YOUR AND SKY ZONE’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT AND THE PROGRAM, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND SKY ZONE’S RESPECTIVE RIGHTS TO A JURY TRIAL. INSTEAD, YOU AND SKY ZONE AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT).

YOU AND SKY ZONE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE PROGRAM IS PERSONAL TO YOU AND SKY ZONE AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. You and SKY ZONE agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and SKY ZONE agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

You and SKY ZONE agree that this Agreement affects interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

You and SKY ZONE agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to SKY ZONE shall be sent by certified mail or courier to 86 N University Avenue Suite 350, Provo, UT 84601. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Program membership and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address associated with your Program membership and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and SKY ZONE cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or SKY ZONE may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding or, to the extent specifically provided for in this Section 20, file a claim in court.

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND SKY ZONE AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR SKY ZONE WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND SKY ZONE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and SKY ZONE agree that (a) any arbitration will occur (i) in the State of Utah, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be Utah and that state or federal courts of the State of Utah and the United States of America, respectively, sitting in the State of Utah, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.

The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and SKY ZONE will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.

As limited by the FAA, this Agreement and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator will not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.

If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in this Section 20 are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law. This Section 20 shall survive the expiration, termination or cancellation of this Agreement.

21. GOVERNING LAW. This Agreement is governed by the laws of the State of the SKY ZONE Location from which you purchased membership in the Program is located, 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 this Agreement and/or your participation in the Program, 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.

22. SEVERABILITY. If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement 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.

23. NO WAIVER. Any waiver by SKY ZONE of a breach by you of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach by you of any other provision of this Agreement. Failure by SKY ZONE to insist upon strict adherence to any provision of this Agreement on one or more occasions shall not be considered a waiver or deprive SKY ZONE of the right to insist upon strict adherence to that provision or any other provision of this Agreement.

ROCKIN’ JUMP

HOMESCHOOL MEMBERSHIP STANDARD TERMS AND CONDITIONS

In consideration of, and as an inducement and condition to, the operator of the ROCKIN’ JUMP park for which you have requested a Homeschool Membership (such operator, collectively with its affiliates and designees, being referred to herein as “ROCKIN’ JUMP”) allowing you to become a ROCKIN’ JUMP member, and participate in programs, events and activities conducted or organized by or through ROCKIN’ JUMP, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Homeschool Membership Standard Terms and Conditions (these “Terms”). 

1. GENERAL. Your Homeschool Membership Agreement with ROCKIN’ JUMP consists of your member enrollment information (including your member information, contact information, payment information, ROCKIN’ JUMP Homeschool Membership (“Homeschool Membership” or the “Program”), and authorized users of your membership) and these Terms, which collectively are referred to in these Terms as this “Homeschool Membership Agreement” or “Agreement.” This Agreement governs your membership in the Program. Throughout these Terms, we will refer to you as “you” or “Member” and to us as “we” or “ROCKIN’ JUMP.” These Terms are important and affect your legal rights, so please read them carefully. Note that Section 20 below contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

2. HOMESCHOOL MEMBERSHIP. The Program and benefits are specific to the ROCKIN’ JUMP location from which you purchased your ROCKIN’ JUMP Homeschool Membership. ROCKIN’ JUMP locations are referred to in these Terms as a “Location” and “Locations.” Your Homeschool Membership is offered by and has been purchased from the operator of the specific ROCKIN’ JUMP location from which you purchased your ROCKIN’ JUMP Homeschool Membership (each, an “Operator”). Please see Location specific Homeschool Membership information at a Location or at www.RockinJump.com for the specific Location. HOMESCHOOL MEMBERSHIPS ARE ONLY VALID AT THE SPECIFIC ROCKIN’ JUMP LOCATION WHERE YOU PURCHASED THE HOMESCHOOL MEMBERSHIP. 

3. HOMESCHOOL MEMBERSHIP TERM. The Homeschool Membership requires a minimum commitment commencing on the Start Date (defined in Section 4) and continuing for thirty (30) days after your final Billing Date (defined in this Section 3) in April 2023 (“End Date”).

As an example, if you purchase your Homeschool Membership on the 15^th day of the month, then your billing date (“Billing Date”) will occur on the 15^th day of each subsequent month, with your final Billing Date occurring on April 15, 2023. Your End Date will then occur thirty (30) days after April 15, 2023, which would be May 15, 2023. In no event will any Homeschool Membership remain active beyond May 30, 2023.

By purchasing a Homeschool Membership you are agreeing to a minimum term commitment as set forth in this Section 3. THERE ARE NO REFUNDS AND THE HOMESCHOOL MEMBERSHIP CANNOT BE CANCELED AT ANY TIME PRIOR TO THE END DATE, EXCEPT AS PROVIDED IN SECTION 5. 

4. START DATE. The term of your Homeschool Membership begins on the date of the purchase of your Homeschool Membership (the “Start Date”) and continues until the End Date, as set forth in Section 3 above.

5. PAYMENT. You agree that your membership has a minimum term commitment as set forth in Section 3 above, with your final Billing Date occurring in April 2023. You understand that, if you cancel this Agreement within the first seventy-two (72) hours of the Start Date using the online cancellation method described in (a) below, you will receive a refund of pre-paid but unused fees. You further understand that you may not otherwise cancel this Agreement any time prior to the End Date. You agree that each month on the Billing Date, you will be charged the amount outlined below, per month, plus any then-applicable taxes, fees, which will be charged to your payment method on file. You acknowledge that you must maintain a valid payment method on file, and you authorize ROCKIN’ JUMP, and their respective third-party payment processor(s) to charge your payment method for the total price of your membership and for any other fees and charges as and when they are incurred in using your membership, or ROCKIN’ JUMP products, services, or facilities. You understand that you may only cancel your membership within seventy-two (72) hours of the Start Date, and for any reason, either by (a) completing the cancellation form at DEFY.COM/MEMBERSHIPCANCEL and clicking “Cancel Membership” or (b) sending a cancellation request via mail to c/o Member Services Team, at 86 N. University Ave., # 350, Provo, Utah 84061, with your name, membership number, and a request to cancel your membership. NO CANCELLATION AFTER THE FIRST SEVENTY-TWO (72) HOURS IMMEDIATELY FOLLOWING THE START DATE.

6. ADDITIONAL AGREEMENTS AND COVENANTS. You represent, or acknowledge and agree (as the case may be), that:

a. you have the authority to bind all of the members added to your membership to this Agreement;

b. all individuals added and paid for under your membership will be regarded as active members until the End Date. NOTE: you must identify each member whose membership you want to cancel; ROCKIN’ JUMP will NOT automatically cancel all listed members;

c. you will promptly notify ROCKIN’ JUMP of any change in your account information;

d. you are an authorized user of the credit card used to purchase this membership, and you will not dispute the scheduled transactions with your bank or credit card company so long as the amounts charged are in accordance with the terms and conditions of this Agreement;

e. you understand that ROCKIN’ JUMP will not charge you a fee for authorizing recurring payments, but that your financial institution may charge you a fee for accepting and processing electronic debit transactions;

f. in the event the credit card provided is declined, you grant ROCKIN’ JUMP the permission to re-submit the card for payment; and

g. you understand that you have the right to cancel this Agreement using the procedure described in Section 5 above within seventy-two (72) hours of the Start Date of your membership described above to receive a full refund of any pre-paid, but unused fees. Refunds will be processed within thirty (30) Operating Days of receipt of the cancellation notice by ROCKIN’ JUMP. “Operating Day” means any day on which patrons may inspect and use the facilities and services of the Facility that issued your Program membership.

7. DURATION OF MEMBERSHIP: All memberships have a minimum commitment as set forth in Section 3 above. Subject to the foregoing, all payments are nonrefundable and there are no refunds or credits for partially used periods.

8. ELIGIBILITY AND CONDITIONS: Each Member must have a photograph of him/herself associated with his/her liability waiver on file with ROCKIN’ JUMP, for identification purposes. Liability waivers are valid one (1) year from signing, therefore to remain an active Homeschool Membership you must update your liability waiver. Also, to remain active, you must update your photo in accordance with procedures specified by ROCKIN’ JUMP from time to time. At this time, Members must have an updated photo within two (2) of the Homeschool Membership Term. ROCKIN’ JUMP reserves the right to request additional forms of identification verification. Homeschool 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 Glow, Lock-ins and weekend or special toddler times unless otherwise specified. Memberships are nonrefundable, nontransferable and remain the property of ROCKIN’ JUMP. Restrictions apply including, but not limited to, capacity constraints and other closures. Homeschool Memberships do not guarantee admission, especially during high attendance periods. Homeschool Memberships may not be used for commercial purposes and are void if altered or misused. All questions or disputes regarding an individual’s eligibility, the earning/use/conversion of credits, or a Member’s compliance with this Agreement will be resolved by ROCKIN’ JUMP in its sole discretion.

9. TERMINATION: ROCKIN’ JUMP reserves the right to cancel, suspend or revoke any membership or deny Location admission to any Members at any time for any reason. Cancellation, suspension or revocation of Location privileges under the Program due to your violation of ROCKIN’ JUMP policies or rules, may, at ROCKIN’ JUMP’s sole discretion, result in you being barred from visiting any and all other ROCKIN’ JUMP locations without any refund of prepaid fees.

10. UPGRADES; DOWNGRADES: Homeschool Memberships are not eligible for any upgrades or downgrades.

11. ADDRESS CHANGE: You must promptly report to ROCKIN’ JUMP in writing a change in your address. Changes can be made only by updating your information at the Location or by phone.

12. PRIVACY: Please review ROCKIN’ JUMP’s Privacy Policy, which may be found here: https://www.RockinJump.com/terms for information about how we collect, use and disclose information about you as part of the Program. By enrolling in the Program, you acknowledge that you have read ROCKIN’ JUMP’s Privacy Policy as well as the Privacy Policy. As a Member you agree to the terms of the ROCKIN’ JUMP privacy policy and the use of your personal information as set forth therein.

13. CERTAIN LIMITS AND RESTRICTIONS: Permitted jump time included in your Homeschool Membership cannot be combined with any other offers, deals, discounts, or promotions. You must purchase additional jump time at regular prices. Unless otherwise expressly specified, membership does not include private events (including birthday parties, team parties, corporate events, group events) or events that require separate admission, or programs such as GLOW, Lock-ins or special Toddler Times. Membership does not guarantee admission, especially during high attendance or other closure periods. Memberships are nonrefundable, nontransferable and remain the property of ROCKIN’ JUMP. Additionally, memberships may not be used for commercial purposes.

14. CHANGES. ROCKIN’ JUMP reserves the right in its sole discretion to modify or update this Agreement and/or change, alter, or discontinue the Program, the list of participating Locations, Location services, entertainment or attractions, operating hours, and any reward or special status programs at any time and without notice to members beyond updating this Agreement. If we make changes, we will attempt to provide reasonable notice of such changes, such as by sending an email notification or posting an announcement on our website or the website of the Location that issued your Program membership.

15. TAXES. The Program, 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 are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations.

16. ASSUMPTION; INDEMNIFICATION AND RELEASE OF LIABILITY. By participating in the Program, you assume the inherent risks associated with the operation of all trampolines, rides and attractions and should read and obey all safety signage, instructions and rules. In addition, you hereby release ROCKIN’ JUMP, its parents, subsidiaries, 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, whether known or unknown, including without limitation property damages, personal injury, and/or death, arising from or connected to the Program, including, without limitation, (a) the collection, redemption, revocation, or deletion of credits, (b) the issuance of reward vouchers and use of Program, (c) the suspension, termination, or modification of your membership or account, and (d) the suspension, modification, or termination of the Program or any reward or special status programs therein. In addition, you agree to defend, indemnify, and hold harmless the Releases from all liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of this Agreement. Furthermore, you agree to reimburse ROCKIN’ JUMP for any Program benefits, if you fraudulently obtained them.

17. YOU ACCEPT THE SERVICES “AS IS.” The Program, membership therein, and all prizes, merchandise, sweepstakes, contests, products or services provided through the Program are provided and must be accepted on an “as is” and “as available” basis without warranties of any kind. ROCKIN’ JUMP, ROCKIN’ JUMP PARTNERS OR ADMINISTRATORS, AND EACH OF THEIR 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 PROGRAM INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

18. LIMITATION OF LIABILITY. 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 PROGRAM OR YOUR PARTICIPATION THEREIN, INCLUDING, WITHOUT LIMITATION, ANY PROGRAM PRIZES, MERCHANDISE, OR SERVICES MADE AVAILABLE AS PART OF THE PROGRAM. IN ANY EVENT, ANY LIABILITY OF ROCKIN’ JUMP ARISING IN CONNECTION WITH THE PROGRAM WILL BE LIMITED TO THE GREATER OF (A) THE MEMBERSHIP FEES PAID TO ROCKIN’ JUMP (EXCLUDING TAXES) IN THE PREVIOUS THREE (3) MONTHS, AND (B) ONE HUNDRED DOLLARS ($100). 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.

19. STATUTE OF LIMITATIONS. By participating in the Program, you waive any and all rights to bring any claim or action related to your participation in the Program 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.

20. BINDING ARBITRATION; CLASS ACTION WAIVER. EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, “DISPUTES”) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND ROCKIN’ JUMP AGREE (A) TO WAIVE YOUR AND ROCKIN’ JUMP’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT AND THE PROGRAM, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND ROCKIN’ JUMP’S RESPECTIVE RIGHTS TO A JURY TRIAL. INSTEAD, YOU AND ROCKIN’ JUMP AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT).

YOU AND ROCKIN’ JUMP AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE PROGRAM IS PERSONAL TO YOU AND ROCKIN’ JUMP AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. You and ROCKIN’ JUMP agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and ROCKIN’ JUMP agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

You and ROCKIN’ JUMP agree that this Agreement affects interstate commerce, and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

You and ROCKIN’ JUMP agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to ROCKIN’ JUMP shall be sent by certified mail or courier to 86 N University Avenue Suite 350, Provo, UT 84601. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Program membership and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address associated with your Program membership and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and ROCKIN’ JUMP cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or ROCKIN’ JUMP may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding or, to the extent specifically provided for in this Section 20, file a claim in court.

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND ROCKIN’ JUMP AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR ROCKIN’ JUMP WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND ROCKIN’ JUMP WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and ROCKIN’ JUMP agree that (a) any arbitration will occur (i) in the State of Utah, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be Utah and that state or federal courts of the State of Utah and the United States of America, respectively, sitting in the State of Utah, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.

The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and ROCKIN’ JUMP will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.

As limited by the FAA, this Agreement and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator will not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.

If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in this Section 20 are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law. This Section 20 shall survive the expiration, termination or cancellation of this Agreement.

21. GOVERNING LAW. This Agreement is governed by the laws of the State of the ROCKIN’ JUMP Location from which you purchased membership in the Program is located, 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 this Agreement and/or your participation in the Program, 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.

22. SEVERABILITY. If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement 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.

23. NO WAIVER. Any waiver by ROCKIN’ JUMP of a breach by you of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach by you of any other provision of this Agreement. Failure by ROCKIN’ JUMP to insist upon strict adherence to any provision of this Agreement on one or more occasions shall not be considered a waiver or deprive ROCKIN’ JUMP of the right to insist upon strict adherence to that provision or any other provision of this Agreement.