I understand the risk of injury from JoJo’s Playground activities and using any JoJo’s Playground equipment is significant, including the potential for permanent paralysis and death, I and MY ASSIGNEES KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an UNSUPERVISED RECREATION CENTER and I assume all risks associated with using equipment alone without the aid and presence of JoJo’s Playground staff supervising activities. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE JOJOS PLAYGROUND AND JOJOS LLC, their respective owners, officers, affiliates, agents and employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct any sponsored event (Releases), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES or otherwise, that may arise out of or in connection with my using any of the equipment or the facilities of the JoJo’s Playground or any incident that occurs while using the JoJo’s Playground’s facilities or engaging in JoJo’s Playground activities on or off the premises or otherwise related to my JoJo’s Playground membership.
I expressly agree that this release is intended to be as board and inclusive as permitted by the laws of Colorado and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the JoJo’s Playground is relying on this release in agreeing to enter into this Agreement.
The Adult Participant that acknowledges this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to JoJo’s LLC that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and license.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
TERMS AND CONDITIONS
DEFAULT AND LATE PAYMENTS: Should Member default on any payment obligation as called for in this agreement, JoJo’s Playground will have the right to declare the entire remaining balance due and payable and Member agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten (10) days late. Should any monthly payment become more than ten (10) days past due, Member will be charged a late fee. An additional service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by Electronic Funds Transfer (EFT), the JoJo’s Playground’s Designated Billing Company, JoJos LLC, reserves the right to draft via EFT all amounts owed by the Member including any and all late fees and service fees subject to appropriate State and Federal Law.
All memberships will renew automatically month to month for a period no less than 12 months. JoJos is in no way, under any circumstances, responsible for member’s negligence in checking their own bank statements to ensure that membership changes, holds, or cancellations have been processed correctly. In the event of miscommunication a member is responsible to produce a copy of their request and response from JoJos for review. In the event that a member cannot produce a copy of e-mail correspondence with JoJos then JoJos is not obligated to, nor will refund under any circumstances, dues debited from the member’s account.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: JoJo’s Playground hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and Member agrees to authorize the new Designated Billing Company to continue drafting Member’s account.
MAINTENANCE OF FACILITIES: JoJo’s Playground may be temporarily closed for periods of up to two (2) weeks each year for maintenance purposes. The JoJo’s Playground reserves the right to add an annual facility maintenance charge of up to, but no greater than, the equivalent of one (1) month’s membership dues. If a Facility Maintenance Charge is implemented in the future, Member will be given a minimum of a sixty (60) day notice of the amount owed and due date. Member authorizes the Designated Billing Company to automatically draft this amount along with the Member’s regular membership dues.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF
GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
1) Member agrees to abide by all JoJo’s Playground policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy.
2) Member agrees to pay monthly dues on time, including notifying the JoJo’s Playground promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
3) Member agrees to pay all costs of collection incurred by the holder of this agreement if Member’s account becomes more than sixty (60) days past due.
4) Member agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below.
MEMBERSHIP DISABILITY: If Member or their assignees becomes temporarily disabled for more than four (4) consecutive weeks, Member may freeze their account for up to three (3) months. The request must be made in writing and the JoJo’s Playground may require proof of the disability and a written physician note verifying that the Member is not physically able to use the facilities of the JoJo’s Playground. If Member requests their account to be frozen for longer than the three (3) month period, the JoJo’s Playground will require medical proof of disability for the requested extension. Once the required documents are received by the JoJo’s Playground, the Member is entitled to freeze their account for the duration of the disability. After Member recovers, Member is entitled to an extension of this Agreement for a period equal to the time of the disability. If Member is permanently disabled, Member may cancel this Agreement and receive a refund pro rata of the amount paid pursuant to it.
MEMBERSHIP FREEZE POLICY: If Member’s account is frozen for any reason, Member may be assessed a fee not to exceed $10/month. Regular payments and time will be added to the end of the existing membership term.
1) Delinquent accounts will be assessed a fifteen percent (15%) monthly fee on the total balance due and owing until such balance is paid in full.
2) At the JoJo’s Playground’s discretion, delinquent accounts may be sent to a third-party collections agency and a fifty-four percent (54%) fee will be assessed on the past-due amount to cover the collections’ agency fee that is charged to the JoJo’s Playground.
1) Member’s accounts will continue to accrue monthly membership fees until explicitly cancelled by the Member. Member understands that the JoJo’s Playground will under no circumstance automatically cancel an account on behalf of the Member and that the Member is responsible for giving appropriate notice to the JoJo’s Playground. Member’s account must be current before any cancellation will take effect.
2) Member may cancel their membership and receive a full refund within three (3) business days of signing this Agreement by providing a written notice and returning all access cards to the JoJo’s Playground. If access cards are not returned, the JoJo’s Playground will deduct the cost of the cards from the refund.
3) Memberships may be cancelled provided a thirty (30) day emailed or written notice prior to next monthly due date is hand-delivered or mailed via certified or registered mail, or emailed, to JoJo’s Playground 10251 W Bowles Ave, Suite C, Littleton CO 80127, or firstname.lastname@example.org. Cancellation fee of $100 will be added and deducted at the time cancellation letter is received. Any payments due prior to cancellation taking effect will still be due and payable. Again, Member’s account must be current and the cancellation fee must be paid before any cancellation will take effect.
4) If during the original term of this Agreement, Member relocates more than a 45 mile radius from the JoJo’s Playground or any affiliate JoJo’s Playground which will accept the membership, Member may cancel this Agreement by providing a thirty (30) day written notice and proof of relocation. There is a cancellation fee of $100, and that will be deducted at the time the cancellation letter is received. Any pre-paid dues remaining will not be refunded. Acceptable proof of relocation includes a newly issued Driver’s License with an address different from the one that the Member signed the Agreement with or shown on your previous license or a utility bill in Member’s name with your new address.
5) If a Member or their assignees dies or becomes totally and permanently disabled, Member or Member’s estate may cancel this Agreement by providing a written request and certifiable proof of disability or death. For permanent disability, Member’s doctor must provide certification of the disability and state that the Member is unable to use any of the JoJo’s Playground’s facilities. Any pre-paid dues remaining will not be refunded.
6) The JoJo’s Playground reserves the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the JoJo’s Playground policies, violation of terms of this Agreement, or due to damage rendered by Member or Member’s guests, Member will remain responsible for the financial obligations of this Agreement, as well as a $100.00 cancellation fee. In the case where the facility or its contents are damaged, Member is also responsible for any repair or replacement thereof.
7) To cancel for any of the above reasons, Member is to send or deliver a written notice to the JoJo’s Playground or to the Designated Billing Company, remit payment for any past due balances, along with reciting $100 payment for cancellation.