TICKETS PARTY BOOKING MEMBERSHIP SUMMER CAMP GIFT CARD

Membership

MEMBERSHIP TERMS AND CONDITIONS

1. Introduction

This Membership Terms and Conditions Agreement (“Agreement”) is entered into by and between Treehouse Clubhouse (“Treehouse Clubhouse” or “Facility”), and the undersigned individual (“Member”), collectively referred to as the “Parties”. This Agreement outlines the terms and conditions under which membership to the Treehouse Clubhouse is offered. The Agreement becomes effective upon the Member’s acceptance as indicated by their signature or electronic confirmation during the membership registration process.

2. Definitions

  • “Member” refers to the individual who has entered into this Agreement with Treehouse Clubhouse and meets the eligibility criteria outlined in Section 3.
  • “Membership Fee” means the payment made by the Member for the rights to access and use the Facility as specified in this Agreement.
  • “Membership Term” refers to the duration for which the membership is active, as detailed in Section 4.
  • “Business Hours” are the times during which the Facility is open to members as posted and subject to change.
  • “Special Events” refers to occasions or gatherings hosted at the Facility that may restrict access to standard membership benefits

3. Eligibility and Conditions

Each authorized Member must follow the Treehouse Clubhouse’s rules, procedures, policies, instructions and have a photo with that Member’s participant and arbitration agreement, indemnification, general release and assumption (“Waiver”) signed waiver; which will be stored in the Treehouse Clubhouse’s database. Member hereby expressly authorizes storage of his or her personal data on the Treehouse Clubhouse’s database. A Member must have a proper photo and Waiver on file with the Treehouse Clubhouse’s point of sale software. Photos on file for active Members must be periodically updated with current photos. At this time, Members must replace their photos every two (2) years. Further identification may be required. A Member must have his/her valid Waiver on file. Waivers must be updated at least once per calendar year. Monthly 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. Monthly Memberships are nonrefundable, nontransferable and remain the property of the Treehouse Clubhouse. Restrictions apply including, but not limited to, capacity constraints and other closures. Monthly Memberships do not guarantee admission, especially during high attendance periods. Additionally, Monthly Memberships may not be used for commercial purposes and are void if altered or misused. A Member assumes the inherent risks associated with the operation or use of all trampolines and attractions and should read and obey all safety signage, instructions and rules. Treehouse Clubhouses, services, entertainment and attractions may change operating hours, close temporarily, or may otherwise change or be discontinued without notice and without liability. The Treehouse Clubhouse is not responsible for lost or stolen property. Members must abide by any rules and regulations applicable to the Treehouse Clubhouse or to the use of the Monthly Memberships as promulgated by the Treehouse Clubhouse from time to time. Monthly Memberships are only valid at the location of purchase.

4. General

The Treehouse Clubhouse reserves the right in its sole discretion to modify or update the Monthly Membership rules and/or change, alter, or discontinue the Monthly Membership (including its structure), the lists of participating Treehouse Clubhouses, or any reward or special status programs at any time without any liability or notice to Members beyond updating these Monthly Membership rules. The result of such modification, update, change, alteration or discontinuation may include the decrease in redemption value or cancellation of credit not yet redeemed. All questions or disputes regarding an individual’s Monthly Membership eligibility, or a Member’s compliance with the Monthly Membership rules will be resolved by the Treehouse Clubhouse in its sole discretion. Any Monthly Membership awarded to an individual, 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 and recipients of any price or gift are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations. By signing the Monthly Membership you agree to release the Treehouse Clubhouse, its parent(s), 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, including without limitation property damages, personal injury, and/or death, arising from or connected to the Monthly Membership, including, without limitation, (i) the collection, redemption, revocation, or deletion of credits, (ii) the issuance of reward vouchers and use of the Monthly Membership, (iii) the suspension, termination, or modification of your Monthly Membership or account, (iv) entering the Treehouse Clubhouse and/or use of the Treehouse Clubhouse and its attractions, and (v) the suspension, modification, or termination of the Monthly Membership or any reward or special status programs therein. The Monthly Membership and its prizes, merchandise, sweepstakes and sweepstakes entries, products or services provided through the Monthly Membership are provided and must be accepted on an “as is” and “as available” basis without warranties of any kind. The Treehouse Clubhouse, and its partners or administrators, and each of the foregoing’s 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 Monthly Membership including, without limitation, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement, title, or quiet enjoyment. 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 Monthly Membership or Members’ participation therein, including, without limitation, any Monthly Membership program prizes, merchandise, or services made available as part of the Monthly Membership. In any event, any liability of the Treehouse Clubhouse arising in connection with the provision of Monthly Membership program or prizes will be limited to the approximate retail value of the applicable reward or prize. 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. By participating in the Monthly Membership, you waive any and all rights to bring any claim or action related to your participation in the Monthly Membership 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. You agree to defend, indemnify, and hold harmless the Releasees’ from all liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of the Monthly Membership or the Treehouse Clubhouse’s rules. Furthermore, you agree to reimburse the Treehouse Clubhouse for any Monthly Membership program or prizes that were fraudulently obtained by you. The Monthly Membership rules are governed by the laws of the province of Ontario 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 the Member rules and/or your participation in the Monthly Membership 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. If any provision of the Monthly Membership rules is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render the Monthly Membership rules 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. Any waiver by the Treehouse Clubhouse of a breach of any provision of the Monthly Membership rules shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach of any other provision of the Monthly Membership rules. Failure by the Treehouse Clubhouse to insist upon strict adherence to any provision of the Monthly Membership rules on one or more occasions shall not be considered a waiver or deprive the Treehouse Clubhouse of the right to insist upon strict adherence to that provision or any other provision of the Monthly Membership rules.

5. Membership is available to individuals who:

  • Are at least 18 years of age at the time of registration; or
  • Minors represented by a parent or legal guardian who agrees to comply with the terms of this Agreement on their behalf. The Facility reserves the right to refuse membership to any individual who does not comply with these criteria.

6. Membership Term and Renewal

  • Commencement: The Membership Term begins on the date of purchase and continues for a period of 30 days unless otherwise specified in the membership selection process.
  • Renewal: Unless notified otherwise by the Member prior to the end of the current term, all memberships will automatically renew under the same terms and conditions, subject to any changes in fees or terms as communicated by the Facility in advance.
  • 7. Membership Benefits

    • Members are entitled to a daily playtime of one hour and forty-five minutes during the Facility’s Business Hours from Monday to Friday.
    • This entitlement excludes any time during which the Facility is booked for Special Events or unavailable due to maintenance, as communicated in advance.
    • Membership benefits are detailed further in the Facility’s promotional materials and are subject to the exclusions and limitations set forth in this Agreement and any subsequent amendments.

    8. Usage Hours and Access

    • Standard Access: Access to the Facility is available to the Member during regular Business Hours which are posted at the Facility and may be subject to change without prior notice.
    • Exclusions: Access is not available on Saturdays, Sundays, statutory holidays, school PA days, and scheduled school holidays, or when the Facility is reserved for Special Events.
    • The Facility reserves the right to modify Business Hours at its sole discretion with reasonable notice to Members where possible.

    9. Membership Fee and Payment Terms

    • Fee Amount: The Membership Fee is as indicated during the Membership Selection process and is payable in full upon the signing of this Agreement or through an approved installment plan.
    • Taxes: All Membership Fees are subject to applicable taxes.
    • Payment Schedule: Payment is due at the beginning of the Membership Term. For renewing memberships, fees are due on the same date of each month as the initial payment unless otherwise specified.
    • Accepted Payment Methods: The Facility accepts payments via MasterCard, Visa, and other payment methods as may be prescribed from time to time by the Facility.

    10. Payment Authorization

    • Authorization: By signing this Agreement, the Payor authorizes Treehouse Clubhouse to charge the Membership Fee to the provided payment method (credit card or other prescribed methods).
    • Continuous Authorization: This authorization will remain in effect for the duration of the Membership Term and any renewals, unless the Payor revokes it in writing with at least 30 days notice prior to the next billing cycle.
    • Payment Disputes: The Payor agrees to notify Treehouse Clubhouse in writing of any discrepancies or disputes regarding charges within 60 days after they appear on their statement. Failure to notify within this timeframe will constitute acceptance of the correctness of all charges.

    11. Member Obligations

    • Payment Obligations: Members are responsible for timely payment of all fees and charges associated with their membership.
    • Compliance with Terms: Members must adhere to all terms of this Agreement and any updates or modifications communicated during the Membership Term.
    • Rules and Regulations Compliance: Members agree to abide by any rules and regulations posted by Treehouse Clubhouse or communicated through official channels.
    • Notification of Changes: Members must promptly inform Treehouse Clubhouse of any changes to their Membership Information or Payment Information.

    12. Facility Usage Rules

    • General Conduct: Members must use the Facility in a manner that does not disrupt the enjoyment of others or damage the Facility’s property.
    • Safety and Hygiene: Members are expected to maintain a high level of personal hygiene and follow all safety guidelines while using the Facility.
    • Prohibited Activities: The use of the Facility for illegal activities, gambling, or the consumption of alcohol and illegal substances is strictly prohibited.
    • Compliance with Staff Instructions: Members must comply with all instructions and directions issued by the Facility’s staff concerning the use of the Facility’s equipment and facilities.

    13. Code of Conduct

    • Respect and Courtesy: Members and their guests are expected to conduct themselves with respect and courtesy towards all individuals in the Facility, including other members, guests, and staff.
    • Prohibited Behavior: Any form of harassment, discrimination, bullying, or other disruptive or harmful behavior is strictly prohibited. Violations may result in immediate membership termination and potential legal action.
    • Liability for Damages: Members are financially responsible for any damages they or their guests cause to the Facility or its properties.

    14. Membership Card Issuance and Usage

    • Issuance: Each Member receives a personal Membership Card upon registration.
    • Use: The Membership Card must be presented for entry and is non-transferable. Any misuse may result in termination of membership.
    • Replacement: Lost or damaged cards are replaceable for a $15.00 fee plus applicable taxes.

    15. Non-Transferability of Membership

    • Restrictions: Membership benefits are personal and cannot be transferred, sold, or shared.
    • Consequences of Transfer Attempts: Unauthorized transfers may lead to immediate membership termination without a refund.

    16. Amendments and Modifications

    • Authority to Amend: Treehouse Clubhouse reserves the right to modify terms and conditions, prices, and services at any time.
    • Acceptance: Continued use of the facility after modifications constitutes acceptance of new terms.

    17. Termination and Suspension of Membership

    • By Facility: Treehouse Clubhouse can suspend or terminate a membership for breach of terms or misconduct.
    • By Member: Membership can be terminated by the member with a 30-day written notice.

    18. Cancellation Policy

    • Member Initiated: Members may cancel with 30 days’ notice, responsible for charges during the notice period.
    • Facility Initiated: Memberships may be cancelled by the Facility due to non-compliance or non-payment without refund.
    • All sales are final. Online tickets purchased cannot be refunded or exchanged for different dates or times.

    19. Liability and Indemnification

    • Limitations on Liability: Treehouse Clubhouse is not liable for injuries or damages not caused by its negligence.
    • Indemnification: Members agree to indemnify the Facility against claims related to their actions within the facility.

    20. Dispute Resolution

    • Method: Disputes should be resolved through mediation; if unsuccessful, through arbitration.
    • Binding Nature: Arbitration decisions are final and binding.

    Governing Law

    • Jurisdiction: This Agreement is governed by the laws of the Province of Ontario and applicable federal laws.
    • Law Compliance: Members must comply with all applicable laws while using the facility.

    Supervision

    Children under the age of 13 cannot be left alone without parent or guardian supervision.

    Waiver Policy

    Every person must sign a waiver before entering the Treehouse Clubhouse, even if you are not jumping. Please have all waivers signed before checking in at the Front Desk.

    Miscellaneous Provisions

    • Severability: If any part of this Agreement is deemed invalid, the rest remains in effect.
    • Waiver: No waiver of any term is effective unless in writing.
    • Entire Agreement: This document constitutes the full agreement between Treehouse Clubhouse and the Member.