Last updated: January 1st, 2021
PLEASE READ THIS AGREEMENT, THE TERMS AND CONDITIONS, AND CHECK THE BOX ON THE WEB PAGE TO INDICATE YOUR ACCEPTANCE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU AND WHOMEVER USES YOUR REDEEMED VENUE OFFERINGS ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.
This Customer Access Agreement (“Agreement”) is made between you (“Customer” or “you”) and GETOUTPASS, LLC, (“Company” or “GetOutPass”) and entered into as of the date that your passes were purchased or were redeemed and become a Customer (“Effective Date”). This Agreement governs your use of the GetOutPass website and mobile application, (including all related documentation).
Customer and Company, intending to be legally bound, agrees as follows:
GetOutPass. The GetOutPass will be available via Company’s website or mobile application (“GOP Application”) and offered only to Company’s Customers. The GetOutPass is a subscription-based pass to a variety of participating Venues. The participating Venues will provide free or no charge offers or discounts to you, the Purchaser, such as, but not limited to: free admission, free access, free time, and/or free/discounted use of an item, product or of Venue’s facility. (“Venue Offerings”). GetOutPass and its partner Venues may also provide and make available discount offers to Purchasers via the GOP Application and other forms of communication. GetOutPass agrees to provide Customer with access to those portions of the GOP Application restricted only to those persons who have assented to the terms of this Agreement.
(1) Information Entry Page. Customer shall be prompted to enter the following information on the Information Entry Page after indicating acceptance to this Agreement. The Information Entry Page shall request the following information:
Customer’s first and last name; date of birth; gender; mailing address; credit card or bank account information; billing address; telephone number; email address; and desired Password and User Name.
(2) Non-Transferability of the GOP. Unless purchased at a gift (see below), The GOP is not transferrable by the Customer or the initial purchaser, except that an adult purchaser may purchase a GOP on behalf of the purchaser’s minor children. Each GOP contains the Customer’s name and an [individualized bar code?] for the customer. Customer understands that the GOP may only be used by the named customer.
(3) Purchase as a Gift. The GOP may be purchased as a gift. In this case the buyer will only be able to purchase the “yearly” payment option, and must pay for the annual pass in full. Once purchased, the buyer will receive “gift codes” which will be valid for 12 months after purchase. These gift certificates or “gift codes” will be used for the recipient of the gift to redeem their gifted passes. Gift Purchasers will have the same 45 day window to request a refund after purchase. No refunds will be given after 45 days of purchase.
(4) Privacy of Customer’s Information. Customer acknowledges that Company may use automatic means (including, for example, cookies and web beacons) to collect information about the use of the GOP Application. Company shall not disclose to third parties, other than the participating Venues, any personal information Customers forward to GetOutPass through the GOP Application. The information submitted by Customers through the use of the GOP Application, shall be used solely by GetOutPass and participating Venues for the purposes of billing, advertising, notifying Customer of any changes to this Agreement, the Application, or any other purpose the Company deems necessary to carry out its duties under this Agreement. GetOutPass may use customers email address and phone number to contact, communicate, and market to customers during the customers duration of membership.
(5) Unauthorized Access. In the event that Customer or Company determines that another party has gained access to Customer’s Password and User Name, or has determined that another has wrongfully accessed the GOP Application using Customer’s Password and User Name, Company shall issue a new User Name and Password to Customer and shall delete the old User Name and Password account. If Company determines that Customer allowed another party to access Customer’s GOP then the Company may terminate this Agreement, and no refund will be given.
(6) Term and Termination. This Agreement shall be effective immediately, commencing as of the Effective Date, and shall continue yearly (“Term”). This Agreement shall automatically renew at the end of each year for another year unless otherwise terminated pursuant to this Section. Customer may terminate their auto-renewal in their account settings anytime prior to the expiration of the Term. Customer agrees and is aware that Customer is committing to an initial twelve (12) month agreement to pay either in full or monthly. Monthly or Quarterly payment plan may not always be made available. Company reserves the right to terminate this Agreement at any time. Monthly Customers may cancel membership at any time in markets: Arkansas, North Carolina, and Georgia or any market with a "One Month Free Trial". Monthly customers are not eligible for any refund upon cancellation.
(7) Monthly Payment Plan. Customers that elect to purchase under the monthly payment plan acknowledge that this is a 12 month agreement. Customer’s agree to make ALL 12 monthly payments IN FULL. Failure to do so will result in collections and may impact credit. The 12 month payment plan will automatically renew at the end of the term for another 12 months unless canceled in the Customer's account profile settings prior to renewal OR within 45 days after renewal (provided no offers have been redeemed).
(8) Quarterly Payment Plan. Customers that elect to purchase under the quarterly payment plan acknowledge that this is a 12 month agreement. Customer’s agree to make ALL 4 quarterly payments IN FULL. Failure to do so will result in collections and may impact credit. The 12 quarterly payment plan will automatically renew at the end of the term for another 12 months unless canceled in the Customer's account profile settings prior to renewal OR within 45 days after renewal (provided no offers have been redeemed).
(9) Refunds. Customer may request a refund within 45 days of their purchase or automatic renewal, provided that no offers have been redeemed. No refunds will be given 45 days following any purchase or automatic renewal for any reason. No refunds will be provided for any subscription that has redeemed any offers with their account.
(10) Upon Termination:
(11) Terms of Payment: The GetOutPass is an annual membership and will automatically renew on the date of expiration of the annual term. Upon renewal of the 12 Month term, Customer will be charged at the then-current rate, with a loyalty discount automatically applied. Customer authorizes Yearly Fee scheduled charges and will provide Company with either a credit card or debit card number. Customer’s automatic Yearly Fee payment becomes the property of the Company. Customer agrees that no prior-notification for the charge need be provided. Customer understands that this authorization will remain in effect until this Agreement is terminated in their account settings. Customer can turn off auto renewal at any time in their account profile settings. Customer agrees to the fees charged when he or she is checking out (“Check Out”) and clearly understands that all fees paid to the Company shall become due and payable as agreed to upon Check Out. Customer agrees and acknowledges that they will not dispute transactions with their bank. Any dispute fees and/or charges will be charged to the customer.
(12) Continued Service Venue Participation. Customer acknowledges that Company is a third-party service, providing offers on behalf of venue partners to its Customers. While it is not foreseeable that any venue offer will be taken off the pass, participating venues and offerings are subject to change at any time without advance notice to any person using this website or service. Customers will not be given access to any venue or offering available in markets or passes outside of the pass purchased by Customer. For example, if Customer purchases the Utah pass, Customer will not be given access to any venue or offering that is not made available on the Utah pass specifically, unless otherwise purchased separately.
(13) Value Guarantee. Customers are guaranteed that all active offers on the pass will be accepted by participating venues. In the event that a venue refuses to accept a valid and active offer, Customer will be reimbursed for their purchase of said offer at said venue. (i.e. 1 hour free jump, Customer shall be reimbursed for the price paid for 1 hour of jump). To receive reimbursement, Customer must submit a receipt of payment within 7 days of visit to the participating venue. The Value Guarantee is ONLY applicable to ACTIVE offers. Meaning the offer is available in the Customer’s account portal and the Customer went to redeem said offer during applicable availability times and abiding by all stipulations in the offer details. Customer shall NOT be reimbursed for any offers removed from the GetOutPass prior to Customer visiting said venue. Customer will only be reimbursed for active pass holders on the account.
(14) Reservation of Rights. Customer acknowledges and agrees that the GOP Application is provided under license, and not sold, to you. Customer does not acquire any ownership interest in the GOP Application under this Agreement, or any other rights thereto other than to use the GOP Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the GOP Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
(15) Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. Customer acknowledges that he or she may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If accessed from outside the United States, Customer is responsible for compliance with local laws. Company does not warrant that the GOP Application will be available to Customer on a continual twenty-four hour basis.
(16) Third-Party Materials. The GOP Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). Customer acknowledges and agrees that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to Customer or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to Customer, which access and use is entirely at Customer’s own risk and subject to such third parties’ terms and conditions.
RELEASE OF LIABILITY. CUSTOMER’S USE AND REDEMPTION OF ANY OF THE GOP APPLICATION’S VENUE OFFERINGS IS AT THE RISK OF THE CUSTOMER AND CONSTITUTES ACCEPTANCE OF THIS RELEASE OF LIABILITY. Customer includes any person who uses the redeemed Venue Offering. The following sections: (1) Disclaimer of Warranties; (2) Assumption of Risk at Venues; (3) Limitation of Liability; and (4) Indemnification applies to Customers as defined here. Customer agrees to release and hold harmless the Company, GetOutPass LLC, its officers, agents, affiliates, employees, assigns, owners, representatives, volunteers, sponsors, and officials from any and all liability, present and future, known or unknown that is associated with such Customer’s use of the GetOutPass and/or the GOP Application or as a result of visiting the venues affiliated with the GetOutPass. Customer agrees that this Release of Liability shall bind the members of Customer’s family and spouse, if Customer is alive, and Customer’s heirs, assigns, and personal representatives if Customer is deceased. Customer executes this Release of Liability voluntarily and with full knowledge of its significance, and with the intent of binding themselves, their spouses and children, if any, and their heirs, legal representatives, and assigns. Customer expressly agrees that this Release of Liability is intended to be as broad and inclusive as permitted by law. Customer has carefully read this Release of Liability section and fully understands its contents.
(1) Disclaimer of Warranties. THE GOP APPLICATION IS PROVIDED TO THE CUSTOMER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, PARTICIPATING VENUES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO “SUITABILITY OF USE” SET FORTH BELOW, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT USE OF THE GOP APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(2) Assumption of Risk at Venues. Customer acknowledges there are risks and dangers inherent in using the GetOutPass, Customer agrees that he or she is using the Venue Offerings redeemed by usage of the GetOutPass and/or the GOP Application, either on or off the site of the Venue’s property, entirely at his or her own risk. Company will not be responsible for damage or injury to any person who sustains an injury as a result of using the GetOutPass and the GOP Application or as a result of visiting the Venues affiliated with the GetOutPass. Customer knowingly and voluntarily assumes all risks of injury or illness, or other damage, including death.
(3) Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OF THE GOP APPLICATION OR THE REDEEMED VENUE OFFERINGS FOR:
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
(4) Indemnification. Customer agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to Customer’s use or misuse of the GOP Application, breach of this Agreement, or as a result of damage or loss suffered by purchasing and using any of the products or services redeemed from the GOP Application, including, but not limited to any accident or injury that may occur at any venue or on the premises of any business or venue identified on the GOP Application or GetOutPass.
(5) Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
(6) Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of UTAH without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of UTAH. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(7) Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the GOP Application must be commenced within ONE (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred.
(8) Entire Agreement. This Agreement constitutes the entire agreement between Customer and Company with respect to the GOP Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the GOP Application.
(9) Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
If you have any questions about these Terms, please contact us.