RALLY RECREATION
Membership Standard Terms and Conditions
In consideration of, and as an inducement and condition to, Rally Recreation, LLC, collectively with its affiliates and designees (referred to herein as “RALLY”), allowing you to become a member of its club, and participate in programs, events and activities conducted or organized by or through RALLY, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Membership Standard Terms and Conditions (the “Terms”).
GENERAL. Your membership agreement with RALLY consists of your member enrollment information (including your member information, contact information, payment information, and authorized users of your membership) and these Terms, which collectively are referred to in these Terms as this “Agreement.” This Agreement governs your membership with RALLY. Throughout these Terms, we will refer to you as “you” or “Member” and to us as “we” or “RALLY.” These Terms are important and affect your legal rights, so please read them carefully.
CERTAIN MEMBERSHIP TERMS. Each membership is a month-to-month membership which may be cancelled in accordance with Section 4 of these Terms. All memberships are non-transferable, and prices are subject to change.
START DATE; RENEWAL. The term of your RALLY membership begins on the date of the purchase of your membership (the “Start Date”) and continues for a period of one (1) month. Thereafter your membership will AUTOMATICALLY RENEW AND CONTINUE ON A MONTH-TO-MONTH BASIS, IN ACCORDANCE WITH THE AUTOMATIC RENEWAL TERMS SET FORTH IN SECTION 4 BELOW, UNTIL YOU EXPRESSLY CANCEL IT, OR UNTIL WE TERMINATE IT.
AUTOMATIC RENEWAL TERMS AND CANCELLATION. You agree that your membership will have an initial one-month term and then will automatically renew for successive one-month terms unless and until it is cancelled. You understand that if you cancel this Agreement within the first seventy-two (72) hours of the Start Date using the cancellation method described below, you will receive a refund of prepaid but unused fees within fifteen (15) days of receipt of the cancellation notice by RALLY. You agree that the initial one-month term will start on the date of your first payment. You agree that on the date of each automatic renewal, the then-current membership price, plus any then-applicable taxes, fees, and charges, will be charged to your payment method on file. You acknowledge that you must maintain a valid payment method on file, and you authorize RALLY and its 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 RALLY products, services, or facilities. You understand that if you do not want your membership to renew, you must cancel it at least three (3) business days before the next automatic renewal date. You understand that you may cancel your membership for any reason by notifying RALLY in person at the facility, by sending notice via email to info@rallyrecreation.com or by clicking the “cancel subscription” link contained in the email sent to you by Stripe to confirm your membership subscription.
ADDITIONAL AGREEMENTS AND COVENANTS. You represent, or acknowledge and agree, 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 you cancel your membership; (c) you will promptly notify RALLY 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 RALLY 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; and (f) in the event the credit card provided is declined, you grant RALLY the permission to re-submit the card for payment.
DURATION OF MEMBERSHIP. All memberships are month-to-month from the Start Date. As provided in Section 4 above, RALLY will continue to bill you until you cancel your membership in accordance with the cancellation procedure specified in Section 4, or unless RALLY terminates this Agreement, at its sole option. Subject to the provisions contained herein, payments are nonrefundable and there are no refunds or credits for partially used periods.
ELIGIBILITY AND CONDITIONS. All Members must have a photograph of themselves associated with their liability waiver on file with RALLY for identification purposes. Liability waivers are valid one (1) year from signing; therefore, to remain an active Member you must update your liability waiver every year. Also, to remain active, you must update your photo in accordance with procedures specified by RALLY from time to time. At this time, Members must have their initial photograph taken by RALLY staff at the facility. RALLY reserves the right to request additional forms of identification verification. Memberships are not valid for private or special events, including birthday parties, team-building events, corporate events, groups, or other special events or promotions that require a separate admission, such as age-specific time blocks, theme nights, cosmic nights, leagues and tournaments. Memberships are nonrefundable, nontransferable and remain the property of RALLY. Restrictions apply, including but not limited to, capacity constraints and other closures. Memberships do not guarantee admission, especially during high attendance periods. Memberships may not be used for commercial purposes and are void if altered or misused. All questions or disputes regarding an individual’s eligibility for membership or a Member’s compliance with this Agreement will be resolved by RALLY in its sole discretion.
TERMINATION. RALLY reserves the right to cancel, suspend or revoke any membership or deny admission to any Members at any time for any reason. Cancellation, suspension or revocation of privileges of the membership due to your violation of RALLY policies, rules or Code of Conduct may, at RALLY’s sole discretion, result in you being banned from the facility without any refund of prepaid fees.
GUESTS. Members may bring up to three (3) guests per visit, and guests will be eligible for a discounted entry fee of $8.00 per visit. Guests must register at the front desk and abide by RALLY policies, rules and Code of Conduct.
CHANGE IN MEMBERSHIP TYPE. If a Member wishes to upgrade a membership type from individual to family, the difference in price shall be due on the day of the upgrade. If a Member wishes to downgrade a membership from family to individual, they must provide at least three (3) days’ notice to RALLY before the next month’s billing, and the difference in price shall be reflected on the next month’s billing.
ADDRESS CHANGE. You must promptly report to RALLY in writing a change in your address. Changes can be made only by updating your information at the facility or by email to info@rallyrecreation.com.
PRIVACY. Please review RALLY’s Privacy Policy, which may be found here: https://www.rallyrecreation.com/privacy for information about how we collect, use and disclose information about you as a Member. By becoming a Member, you acknowledge that you have read RALLY’s Privacy Policy and that you agree to its terms and the use of your personal information as set forth therein.
CERTAIN LIMITS AND RESTRICTIONS. Members are entitled to participate in the activities and use the equipment at the facility on any date and time that the facility is open with the exception of age-restricted time blocks, private events, and special events or promotions, as further described herein. Each visit is for an unlimited amount of play time, provided the Member follows RALLY’s Code of Conduct with respect to taking turns on the tables when another party is waiting to play. Unless otherwise expressly specified, membership does not include private events (including birthday parties, team-building events, corporate events, group events) or other special events or promotions that require a separate admission, such as age-specific time blocks, theme nights, cosmic nights, leagues and tournaments. Membership does not guarantee admission, especially during high attendance or other closure periods. RALLY’s reserves the right to set aside certain blocks of time for specific age groups, such as middle school, high school, adult and family time. Members who do not meet the criteria for a particular time block will not be permitted to use the facility during that time block.
CHANGES. RALLY reserves the right in its sole discretion to modify or update this Agreement and/or change, alter or discontinue the membership program, services, games and activities, operating hours, age-specific time blocks and special events at any time and without notice to Members beyond updating this Agreement. If it makes changes, RALLY will attempt to provide reasonable notice of such changes, such as by sending an email notification or posting an announcement on its website.
ASSUMPTION; INDEMNIFICATION AND RELEASE OF LIABILITY. By becoming a Member and participating in activities and using the equipment offered by RALLY, you assume the inherent risks associated with your participation in all games and activities and should read and obey all safety signage, instructions and rules. In addition, you hereby release RALLY, its affiliates and agents, and its 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 membership and/or your participation in the games and activities, including the suspension, termination, or modification of your membership or account. In addition, you agree to defend, indemnify, and hold harmless the Releasees from all liabilities, claims, damages, costs, and expenses (including reasonable attorney fees) that arise out of or are related to your violation of this Agreement.
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 MEMBERSHIP PROGRAM OR YOUR PARTICIPATION THEREIN, INCLUDING WITHOUT LIMITATION, ANY PROGRAM OR SERVICES MADE AVAILABLE TO MEMBERS. IN ANY EVENT, ANY LIABILITY OF RALLY IN CONNECTION WITH THE MEMBERSHIP PROGRAM WILL BE LIMITED TO THE GREATER OF (A) THE MEMBERSHIP FEES PAID TO RALLY IN THE PREVIOUS THREE (3) MONTHS, AND (B) ONE HUNRED 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.
STATUTE OF LIMITATIONS. By enrolling in the membership program, you waive any and all rights to bring any claim or action related to the membership or your participation in games and activities offered by RALLY in any forum beyond one (1) year after the first occurrence of the act, event, condition, or omissions upon which the claim or action is based.
BINDING ARBITRATION. 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 RALLY agree to waive your and RALLY’s respective rights to have any and all disputes arising from or related to this Agreement resolved in a court of law. Instead, you and RALLY agree to arbitrate disputes through binding arbitration.
You and RALLY 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 RALLY shall be sent by certified mail or courier to 549 NW York Drive, Suite 220, Bend, OR 97703. Your notice must include: (a) your name, postal address, telephone number, the email address you use or used for your 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. RALLY’s notice to you may be sent electronically to the email address associated with your membership and will include a description in reasonable detail of the nature or basis of the dispute and the specific relief that it is seeking. If you and RALLY cannot agree how to resolve the dispute within thirty (30) days after the date notice is received by the other party, then either you or RALLY may commence an arbitration proceeding or, to the extent specifically provided for in this Section 18, file a claim in court.
You and RALLY agree that: (a) any arbitration will occur in the State of Oregon, in the county where you reside, or telephonically; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein, which are hereby incorporated by reference; (c) that the state of the arbitration shall be Oregon and that state or federal courts sitting in the State of Oregon have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards; and (d) each party shall be responsible for its costs incurred in such arbitration, and the arbitrator shall not have the authority to reallocate those costs in an award or otherwise.
If any term, clause or provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provision of this Section 18 will remain valid and enforceable. This Section 18 shall survive the expiration, termination or cancellation of this Agreement.
GOVERNING LAW. This Agreement is governed by the law of the State of Oregon without regard to the conflicts of law rules of any jurisdiction. You agree to the personal jurisdiction, subject matter jurisdiction and venue of the courts in Oregon.
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.
NO WAIVER. Any waiver by RALLY 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 RALLY to insist upon strict adherence to any provision of this Agreement on one or more occasions shall not be considered a waiver or deprive RALLY of the right to insist upon strict adherence to that provision or any other provision of this Agreement.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and RALLY and supersedes all prior communications, representations or agreements, whether written or oral, relating to the subject matter of this Agreement.
By signing below, the Member affirms that they are 18 years or older and acknowledges having read and agreeing to the terms of this Agreement. If the Member is under 18 years of age, by signing below, their parent or guardian acknowledges having read and agreeing to the terms of this Agreement and accepts full responsibility for their minor child.