1. ACCEPTANCE OF TERMS
IN REGISTERING AS A MEMBER OF EXTREME THINGS, LLC, OR EXTREMETHINGS.COM (together referred to as the “Company”), YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS MEMBER AGREEMENT (“Agreement”). Continued participation in Member Activities constitutes a continuation of this agreement and all its terms and conditions as stipulated herein.
2. GENERAL INFORMATION
To register as a Member, you must provide your email address, a password, full name, mailing address and other information as required by the Company. This information is stored in your My Account Member Profile and will be kept confidential in accordance to the Company’s Privacy Policy. It is your responsibility to keep your Member Profile up-to-date. Your rights as a Member are personal to you and are not transferable. The Company may modify the terms and conditions of this Member Agreement from time to time, and such modifications will be effective when posted in the Policies section of the Extremethings.com website.
3. TERM
This Agreement shall be effective when receipt of the Member’s Membership Dues and Fees is confirmed by the Company and the prospective member signifys their acceptance of the terms and conditions of Membership. Membership shall continue for one full year unless and until terminated or cancelled.
4. MEMBERSHIP FEES AND DUES
Annual Membership Dues and Fees covers two items; 1) 50% is the origination fee per person applied to the cost of establishing and/or updating the membership, 2) the balance is to cover overhead in providing Member Activities, website enhancements, and new membership promotion. Member understands Membership is not dependent in any way upon Member's continued participation in Member Activities. Member understands fees are not refundable after 30 days. If Member decides and notifies the Company in writing within the 30 days that the club is not for him/her, the Membership Fees and Dues paid will be refunded less the origination fee.
5. MEMBER REFERRAL PROGRAM
Registered members receive a $15.00 discount on their next membership renewal for every new, qualified registered member they refer to the eXtremethings Adventure Club during the course of their annual membership. Qualified new members must be at least 18 years of age, have a valid email address, and be a U.S. resident. Regardless of the number of referrals, Members will always have to pay at least $1.00 and must re-affirm this Member Agreement in order to renew their membership. Additionally, the renewal discount will only apply if the referred member indicates his/her referrer’s email address in the “Referral Email” field during the check out process of their member registration. Excess referral credits cannot be carried forward into multiple years.
6. MEMBER CONDUCT
Members who fail to conduct themselves in an acceptable manner will face a cancellation of their membership and forfeiture of all fees and dues paid. Unacceptable conduct includes, but is not limited to:
- Failure to comply with the authority of the activity leader(s) and/or service providers of group activities;
- Solicitation for any reason, either by circulating flyers or other materials at official or “outside” activities, without the express permission of the Company;
- Verbally or physically abusive behavior or harassment of any member or non-member;
- Impersonating any person, including, but not limited to, a Company official, member, leader, guide or host, or falsely stating or otherwise misrepresenting your identification or affiliation with another person or entity;
- Failure to show after registering for group event(s) and/or or failure to comply with activity requirements such as adequacy of clothing, footwear, equipment, proficiency, experience, timeliness, etc.;
- Failure to keep the information in your membership profile up-to-date; and
- Intentionally or unintentionally violating any applicable local, state, or national law, regulation, rule or policy while participating in Member Activities.
The Company is not responsible for the conduct, acts, omissions, false or misleading information provided by any Member, and Member waives any and all claims, damages, losses or causes of action against the Company arising out of Member Activities by any Member to any other Member.
7. GUEST POLICY
Members may bring as many guests as he/she would like to Member Activities, however, each guest may attend only one (1) event per year. Prior to attending a second Member Activity, Member guest(s) are expected to pay the Member Fees and Dues and agree to the Membership Agreement. Member guest(s) are assumed to have been informed of the Conduct Policy and the Terms and Conditions herein, and have understood and accepted the same as a condition of their participation. Member assumes full responsibility for notification of these terms to their guests and any subsequent liability for failure to do so.
8. ACKNOWLEGEMENT OF RISK AND LIABILITY WAIVER
Member acknowledges that hazards are inherent in Member Activities, and hereby assumes all risks of injuries, illness, or damages including but not limited to bodily injury, disease strains, heat stroke, heart attack, death or other ailments that could cause serious disability, incidental to such activities and in the use of equipment involved in such activities. The Member does hereby absolve, release and waive any and all liability, claims or demands against the Company, its subsidiaries, affiliates, officers, employees, agents, representatives, and each and every Member or employee thereof which may arise out of or be related to any injury, damage or pecuniary loss by reason of such Membership or participation in any Member Activity. Member's guests and their participation in any Member Activity are assumed to have been informed of such general hazards by Member and considered to have understood and accepted these same terms of participation. Member assumes full responsibility for notification of these terms to their guests and any subsequent liability for failure to do so. Included, but not limited to, in this general release are all causes arising of nonfeasance, malfeasance, or negligence of the Company, its subsidiaries, affiliates, officers, employees, agents, representatives, and other third parties. Any Member or guest of the Company who uses his/her property or loans to another his/her property for use at any Member Activity, event, or function does so at Member's or guest's own risk and said Member or guest waives any and all claims against the Company and its associates, regardless who uses and/or causes any damage to said property.
9. INDEMNIFICATION
Member agrees to release, waive, discharge, hold harmless, defend, and indemnify the Company, its subsidiaries, affiliates, officers, employees, agents, representatives, and other third parties, from any and all claims, actions, losses, liabilities, or demands, including reasonable attorney's fees, made by any third party due to or arising out of Member’s use, participation or enjoyment of Member activities.
10. RIGHT TO TERMINATE MEMBERSHIP
The Company reserves the right to terminate your Membership at any time in the event that it considers, in its sole discretion, any conduct by you to violate the terms of this Agreement.
11. FALSE INFORMATION
The Company reserves the right to cancel or decline membership in the event the information supplied by the Member is false or any investigation reveals unacceptable background information.
12. SEVERABILITY OF AGREEMENT
If a court or an arbitrator of competent jurisdiction holds any of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT. YOU ARE ALSO REPRESENTING THAT YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF, HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
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