Playin' Around Town Member Agreement

Playin’ Around Town

Family Membership Agreement

2009, 2010

The purpose of this agreement is to formalize that understanding between Playin’ Around Town (“PAT”) and the undersigned “Member” consisting of registered member and their family members. This agreement shall begin upon registering as a member of Playin’ Around Town. In registering as a member of Playin’ Around Town, 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.

General Information:

To register as a Member, you must provide your email address, a password, full name, mailing address, participating family members’ names and ages, and other information as required by PAT. This information is stored in your My Account Member Profile and will be kept confidential in accordance to PAT 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 Playinaroundtown.com website.

Term:

This Agreement will remain in full force and effect while you use the PAT website and/or are a Member. You may terminate your membership at any time, for any reason upon receipt by PAT of your written or email notice of termination. PAT may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to PAT. Even after membership is terminated, this Agreement will remain in effect.

Member Events:

PAT agrees only to make available to members the opportunity to participate in events and no other benefits are expressed or implied. Events will be scheduled with as much advanced notification to members as possible and will be filled on a first-come, first-serve basis. Member acknowledges that not all events will have enough openings for all members who wish to participate. Selection of activities to be offered at events shall be the sole discretion of PAT. Although the majority of events that PAT hosts are at no cost to the member, there may be opportunities for PAT host additional events that would require payment by the member. PAT will pass on to Member the full cost of certain activities which Member agrees to pay in advance if Member elects to participate in those activities.  Members will be charged immediately for any prepay event that they attend.

Requirements of Member:

All PAT members that participate in events are required to take post-event surveys within 7 calendar days of attending the event. Surveys will be made available to the members either through email communication or posted on the PAT website, in the reviews section. Failure to complete survey within 7 calendar days could result in the termination of membership.

Member Conduct:

Members who fail to conduct themselves in an acceptable manner may face immediate cancellation of their membership and asked to leave an event. Unacceptable conduct includes, but is not limited to:

·         Solicitation for any reason, either by circulating flyers or other materials at official activities, without the express permission of the Company;

·         Verbally or physically abusive behavior or harassment of any member, vendor, 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;

·         Repeated failure to show after registering for event(s), without giving notice of cancellation;

·         Failure to keep the information in your membership profile up-to-date;

·         Intentionally or unintentionally violating any applicable local, state, or national law, regulation, rule or policy while participating in Member Activities;

·         Failure to complete post-event surveys;

·         Intentionally or unintentionally causing bodily injury or property damage to a third party;

·         Leaving children unattended, by the registered member (members cannot leave their children at the event with a sibling or babysitter);

·         Failure to comply with any of the terms set forth in this agreement

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.  If, during any PAT event, member causes bodily injury to a third party or property damage to a third party’s property, such that PAT is required to compensate said third party for such damages, Member shall reimburse PAT that amount paid by PAT upon demand of PAT. 

Guest Policy

Only with prior written permission from a PAT employee, members may bring guests to events. 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.

Acknowledgement of Risk and 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 PAT, 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 PAT, its subsidiaries, affiliates, officers, employees, agents, representatives, and other third parties. Any Member or guest of PAT 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 PAT and its associates, regardless who uses and/or causes any damage to said property.

Indemnification:

Member agrees to release, waive, discharge, hold harmless, defend, and indemnify PAT, 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 Members use, participation or enjoyment of Member activities.

Termination of Membership

PAT 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.  PAT also reserves the right to cancel or decline membership in the event the information supplied by the Member is false.

Non Commercial Use by Members:

The PAT website is for the personal use of Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary Rights in Content on Playinaroundtown.com:

PAT owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of PAT, and its advertisers. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, without obtaining the prior written consent of the owner of such proprietary rights.

Privacy:

Use of the PAT Website is also governed by our Privacy Policy

Member Disputes:

Members are solely responsible for your interactions with other PAT Members. PAT has no obligation to monitor disputes between you and other Members.   

Photographs:

Members hereby grant PAT permission to use any photograph, audio or videotape taken at an authorized PAT event and deemed by PAT to be in good taste, in any PAT publicity, advertising or video presentations, newsletter(s) or other use specifically for the promotion of and public awareness of PAT.  Member agrees that PAT owns all copyrights and other property interests in any photographs and audio or video tapes by or for PAT.  Members who send, E-mail or deliver any photographs, video or audio tapes to PAT relinquish all rights associated with them.

Non-Waiver:

No act or omission or delay in enforcing the right by either party shall waive any right under or breach by the other of this Agreement unless such party executes and delivers a written waiver.

Choice of Law:

This Agreement shall be governed by and constructed under the laws of the state of Texas.  Jurisdiction and venue shall be in Dallas County, Texas.

Severability:

In the event that any of the provisions, or portions thereof, of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the enforceability and validity of the remaining provisions, or portions thereof, shall not be affected thereby, and full effect shall be given to the intent manifested by the remaining provisions, or portions thereof, held to be enforceable and valid, unless such invalidity shall pertain to the obligation to pay fees, in which this agreement shall terminate.

Entire Agreement:

This document, along with any exhibits and addenda appended hereto, constitutes the full and complete agreement between the parties hereto with respect to the subject matter hereof.  There are no other verbal or other agreements which affect or modify this Agreement.  Any prior representations, promises, contract or agreements are hereby fully superseded.  This agreement shall not be modified or changed except by a written agreement by an officer of PAT.

BY JOINING I ACKNOWLEDGE THAT I HAVE READ, ACCEPTED  AND APPROVED THIS AGREEMENT.  I ACCEPT ALL THE TERMS AND CONDITIONS AS STATED