Annual Membership Terms & Conditions
Terms and conditions
1) MEMBERSHIP: This agreement forms a legally binding agreement between Member and HiClimb and governs Member's access and use of HiClimb's Membership Services and physical facilities. Hereinafter, "you" and other third-person pronouns will refer to as Member.
2) MEMBERSHIP SERVICES: The membership services provided by HiClimb are as follows:
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The climbing walls,
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Gym and fitness equipment,
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Bathrooms, lockers, and other sanitary amenities,
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Group exercise and event programming (does not include paid for programming or events),
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10% discount to select retail items (discount % subject to change),
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Discounts on training classes (discount % subject to change),
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1 Return Visitor Buddy Pass allowance per month,
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1 First Time Visitor Buddy Pass per day,
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1 Visitor Buddy Pass per day either the monthly RV or daily FTV.
3) FREEZING CYCLE: Freezing cycles begin on the date of purchase (unless otherwise specified) and end on the same day of next month.
4) CONTRACT INITIATION: Annual Members will be charged $1100.00 immediately upon checkout. Annual Membership twelve (12) months begins on date of purchase unless otherwise specified.
5) EARLY TERMINATION OF CONTRACT: This contract may be terminated on a case-by-case basis at the sole discretion of HiClimb. HiClimb holds the right to terminate this contract at any time for any reason without the guarantee of a refund. Upon voluntary early termination of this contract, Member will be refunded the sum of the original contract price after a deduction of a $200.00 early termination fee and a deduction of $110.00 for every month that has passed since first full month of membership. On day of termination, Member will enter the Termination Period which will end on the final day of the current billing cycle. The Member will still have access to Membership Services until the end of their termination period unless otherwise revoked by HiClimb.
6) FULFILLMENT OF CONTRACT: Upon fulfillment of the Annual Contract, Member will be offered automatic enrollment into the current Monthly Membership rate.
7) AUTOMATIC MONTHLY RENEWAL UPON FULFILLMENT: When fulfillment of the annual contract is complete, HiClimb will offer a limited-time automatic set-up of the process payment for the next billing cycle without charging a set-up fee. The time limit is determined by the membership’s billing cycle (i.e.: a month or a week). The credit card on file will be charged.
The credit card on file will continue to be charged until the Member requests that the membership be terminated.
8) TRANSFER OF CONTRACT: This contract may never be transferred.
9) MEMBERSHIP FREEZE: Member may freeze their account on a month-to-month basis via phone, email, or in-person at the facility. Member will be charged $10.00 per month while the membership is frozen. Exemption: Military members on orders may waive this fee; proof of orders is required.
10) LIMITED LICENSE: Member acknowledges and agrees that HiClimb's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by HiClimb LLC. Members agree they will not do anything inconsistent with HiClimb's ownership of all the intellectual property discussed herein.
Member further agrees that there are no rights, title, or interest in or to any membership services, except as stated in this agreement.
11) REFUNDS: HiClimb holds the right to refund on a case-by-case basis. See section 5 for early termination refund information.
12) MEMBER CONSENTS: Member agrees to hold HiClimb, its owners, affiliates, and representatives, harmless from any damage, tangible or intangible, that may happen to the member while participating in Membership Services.
Member agrees that HiClimb offers its membership program with no guarantee of results of any kind. Member Agrees that any results that occur during their membership, whether positive or negative, are the effects of Members own personal choices. Member agrees and verifies that all of the information they have given to HiClimb and its representatives is accurate, up to date, and without omission of any requested information.
Member agrees to notify HiClimb of any changes or upcoming changes concerning their personal information.
13) LIABILITY WAIVER: Member agrees to complete a personal liability waiver prior to participating in any Membership Services at HiClimb.
14) ASSUMPTION OF RISK: Member acknowledges that climbing is inherently dangerous. Member agrees and understands that their participation in membership services may involve risks. These risks may lead to tangible or intangible harm, and Member agrees that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, Member chooses, of their own will and volition, to continue participating in the membership services.
15) INDEMNIFICATION: Member agrees to defend and indemnify HiClimb and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Member's use or misuse of the activities, Member's breach of this agreement, or Member's conduct or actions. Member agrees that HiClimb shall be able to select its own legal counsel and may participate in its own defense if so desired.
Questions?
Email us at Info@HawaiiClimb.com