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CG BOLD™ MEMBERSHIP AGREEMENT

PLEASE READ THIS CG BOLD™ MEMBERSHIP AGREEMENT (“Agreement”) CAREFULLY BEFORE REGISTERING FOR THE CG BOLD™ PROGRAM (“BOLD”) BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU (“you” or “your”) AND CG NATION, L.L.C. (“Camp Gladiator” or “CG”).  BY ELECTRONICALLY SIGNING OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND YOUR ACCESS, USE, REGISTRATION, OR PARTICIPATION IN/WITH THE PROGRAM REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

 

CG BOLDTM PROGRAM:

 

ADDITIONAL TERMS AND CONDITIONS

  1. Representations. You represent, warrant and covenant to CG that: (a) you are a natural person and of eighteen (18) years of age or older; (b) you have read and understand this Agreement; (c) you have full right and authority to enter into and abide by this Agreement; (d) you understand and acknowledge that by accepting this Agreement that you are giving up certain legal rights and remedies; (e) CG is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this agreement; and (f) all information you provide to CG is truthful and accurate.

  1. Membership. CG has the right to alter the times and locations of the BOLD Program’s operation, and to offer BOLD to third parties at different rates and terms than offered to or accepted by you. BOLD does not include any other CG add-on services, as those must be purchased separately (e.g., CG FIT™ program, TOTAL TRANSFORMATION™ program, CG GAMES™ events, and other products, services, and events made available from time to time).

  2. Effective Date. The Effective date of this agreement is the date you register for CG BOLD.

  3. No Refunds. All sales are final, irrevocable and not subject to or eligible for refund or return.

  4. Automatic Renewal; Cancellation. Your Program membership will AUTOMATICALLY RENEW on a month-to-month basis and you will be charged the then-current Monthly Program Fee rate for your BOLD membership, unless you timely cancel your membership. To cancel your membership, contact our Customer Support Team by email CamperSupport@campgladiator.com or by phone at 512.494.6966 and follow and complete the cancellation steps provided by them at least seven (7) days before the expiration of your next monthly billing date. No cancellation prior to fulfillment of your minimum commitment period is permitted. You must complete ALL steps in the cancellation process to cancel.

  5. Payments. Your initial BOLD payment will either be the date this agreement is signed or if you are already registered in the current camp, your initial payment will be delayed to the Monday of BOLD week subsequent to the camp you are already registered in. You authorize CG and its third-party payment processing vendor(s) to charge your Monthly BOLD Fee and other agreed upon amounts under this Agreement to the credit card, debit card or other payment method you provide to CG and/or associate with your User Account; and you agree that you are responsible for the timely payment of all such amounts that accrue. YOU WAIVE ALL CLAIMS AGAINST CG AND ITS AFFILIATES, EMPLOYEES, AGENTS, VENDORS, AND CONTRACTORS FOR ANY UNAUTHORIZED PAYMENTS MADE, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED. You are solely responsible for monitoring your bank and credit card statements and notifying your bank or other provider in a timely manner of any erroneous charge that appears on your statements.

  6. Fee Increases; Taxes; Default Charges. CG has the right to increase your BOLD membership fee amount during your minimum commitment period as a result of expiring discounts such as a corporate discount or spouse discount; additionally, beyond the minimum commitment period your BOLD membership is subject to increases in price as may be determined by CG from time to time. CG has the right to charge you for, and you shall pay, any and all taxes imposed by the applicable taxing authorities for your BOLD membership or any other purchases made from CG. You are ultimately responsible for paying any applicable taxes for your BOLD membership. You shall pay late charges, collection costs, and legal expenses (including, without limitation, costs and reasonable outside attorney fees), that CG incurs or assesses to collect any unpaid amounts you may owe, plus interest at the maximum allowable rate. Regardless of your choice to accept CG’s electronic communications policy as further described below, you agree that CG or third-party vendors may contact you by phone, including by mobile phone, to settle financial balances or debts between you and CG.

  7. Refusal; Termination. CG may refuse its products and services to you (including, without limitation, terminating your User Account and BOLD membership) without notice, recourse, refund, or return to you if (a) if you are or CG suspects that you are, in any way involved in fraudulent or illegal activity; (b) if CG believes you are disruptive, disorderly, loud, harassing, abusive or a safety risk of/to CG, its customers, or their property; (c) if you violate any BOLD rules or policies; (d) if you have outstanding debt with CG; or (d) if you breach this Agreement.

  8. Contacting CG. Any notification of account changes must be received at least seven (7) days before your account billing date. Contact our Camper Support Team by email CamperSupport@campgladiator.com or by phone at 512.494.6966 or by mail to Camp Gladiator, ATTN: Camper Support, 9185 Research Blvd., Austin, TX 78758.

  9. Additional Agreements and Policies This Agreement supplements, and is incorporated by reference into the TERMS OF USE AND WAIVER (campgladiator.com/terms/) AND PRIVACY POLICY (campgladiator.com/privacy-policy/) for the CampGladiator.com website and CG mobile app (collectively, “Standard Terms”). By entering into this Agreement, you are acknowledging that you have read and understand, or have had an opportunity to read and understand, the most recent version of the Standard Terms; and that you accept and agree to, or reaffirm your acceptance and agreement to, the Standard Terms.  If any term or condition of this Agreement conflicts with a term or condition of the Standard Terms, then the conflicting term or condition of this Agreement shall govern and control. Your BOLD membership is subject to all other BOLD Program rules and policies CG makes known to you from time to time, and you agree to follow the same.

  10. General Disclaimer and Waiver. YOU HEREBY VOLUNTARILY GIVE YOUR FULL INFORMED CONSENT TO USE AND PARTICIPATE IN CG BOLD PROGRAM AND CERTIFY THAT YOU HAVE BEEN WARNED ABOUT, UNDERSTAND, AND ACCEPT ANY AND ALL RISKS AND REQUIREMENTS ASSOCIATED WITH BOLD, WHETHER KNOWN OR UNKNOWN NOW OR IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, THE FACT THAT CG BOLD IS A CHALLENGING FITNESS PROGRAM THAT MAY INVOLVE VIGOROUS WORKOUTS, OBSTACLE COURSE CHALLENGES, AND OTHER PHYSICALLY DEMANDING OR STRENUOUS ACTIVITIES, THAT CG BOLD MAY POSITIVELY OR NEGATIVELY AFFECT OR CHANGE YOUR HEALTH AND WELLNESS, AND THAT CG BOLD IS INTENDED ONLY FOR HEALTHY INDIVIDUALS). YOU ALSO REPRESENT AND WARRANT TO CG THAT YOU HAVE CONDUCTED A THOROUGH INVESTIGATION OF CG BOLD; YOU HAVE CONSULTED WITH AN INDEPENDENT, LICENSED, MEDICAL PROFESSIONAL WHO IS FAMILIAR WITH YOUR MEDICAL HISTORY AND CONDITIONS ABOUT YOUR ABILITY TO PARTICIPATE IN CG BOLD; AND YOU WILL NOT PARTICIPATE IN CG BOLD IN A MANNER THAT MAY INJURE OR AFFECT THE SAFETY OF YOU OR OTHERS. YOU WAIVE ANY AND ALL CLAIMS AGAINST CG AND ITS AFFILIATES, AGENTS, EMPLOYEES, VENDORS, AND CONTRACTORS, WHETHER KNOWN OR UNKNOWN NOW OR IN THE FUTURE, RELATING TO ANY PHYSICAL OR EMOTIONAL INJURY THAT MAY RESULT FROM YOUR PARTICIPATION IN CG BOLD.

  11. Disclaimer of Property Liability. CG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR GUEST(S) FOR ANY PERSONAL PROPERTY THAT IS DAMAGED, LOST, OR STOLEN WHILE ON OR AROUND CG’S LOCATIONS OR DURING YOUR PARTICIPATION IN CG BOLD, INCLUDING, WITHOUT LIMITATION, ANY BAGS, VEHICLES, OR THEIR CONTENTS.

  12. Electronic Communications Consent; Opt-Out. You hereby acknowledge and reaffirm your express consent in the Standard Terms to CG sending or otherwise communicating with you for any purpose via any electronic means or forms as CG deems appropriate in its sole discretion, whether through the CampGladiator.com website, through the CG mobile app, through your User Account, by personal communication to by e-mail, by online social media, or by other electronic media means or forms. You are not required to acknowledge and reaffirm the foregoing consent as a condition for purchase or license of any CG products or services. You may indicate your opt-out of these electronic communications at any time by using any reasonable opt-out method as further described in the Standard Terms or otherwise permitted by applicable law.

  13. Law and Forum. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas.  Both you and CG irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Travis County, Texas for the resolution of all disputes, controversies, and claims arising from or about this Agreement, CG BOLD, your User Account, and/or their relationship (whether grounded in contract, tort, statute, law, or equity).

  14. Miscellaneous. This Agreement, together with those additional terms, conditions, rules, and policies referenced herein and/or made available by hyperlink (including, without limitation, the Standard Terms), constitutes the entire agreement and understanding between you and CG with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between you and CG with respect to such subject matter; cannot be modified except in a writing signed by both you and CG (or their respective successors, assigns, or transferees); and shall inure to the benefit of and be binding upon you, CG, and their respective successors, assigns, and transferees. Section headings are inserted for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement. If any term or condition of this Agreement is deemed invalid or unenforceable, then the remaining terms and conditions shall not be affected, and the invalidated or unenforceable term or condition shall be reformed to the maximum extent permitted under the law and consistent with the intent of this Agreement.

  15. LAST MODIFIED This standard CG BOLD Membership Agreement was last modified on July 27, 2018.

 

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