The Crag Membership Agreement – Electronic Funds Transfer Overview
- Member Accounts and membership billing are governed by The Crag Membership Agreement – Terms and Conditions. Membership billing is processed on a monthly basis. You may view the full terms and conditions at newtondominey.wpengine.com/membership-agreement.
- Membership dues and all other charges to you Member Account are posted to your Member Account on or about the twenty-fifth (25th) of the month.
- An administrative fee of ten dollars ($10.00) will be charged each month to the debit or credit card on file to all Member Accounts with a past due balance. This fee is in addition to any bank charges incurred.
- Cancellation of your membership or Member Account requires written notice thirty (30) days prior to the twenty-fifth (25th) of the month in accordance with The Crag Membership Agreement – Terms and Conditions.
- Member Accounts may be “frozen” for up to twelve (12) months, without penalty of a new activation fee, reducing dues to seven dollars ($7.00) per month, beginning on the next billing cycle. No access to The Crag is permitted while an account is frozen.
- Member Accounts which have been cancelled for any reason require payment of a new activation fee to resume membership.
Pre-Authorization of Payments and Recurring Charges
It is agreed by and between The Crag, LLC, (“The Crag”) and you, the undersigned purchaser (individually if you are the Member, and/or as parent or guardian of the Member), that you are purchasing a membership from The Crag according to the terms and conditions of The Crag Membership Agreement, (“Membership Agreement”). By signing, you hereby accept and agree to all terms and conditions within this Membership Agreement, including the pre-authorized payment of membership fees by EFT, and agree to pay all charges incurred according to the terms of the Membership Agreement.
Consent of Parent or Guardian of Minor Child:
On behalf of my minor child and myself, I have read to and agree to the terms of The Crag’s Membership Agreement. I also agree to pay any financial obligation owed to The Crag that my minor child does not pay, for any reason. I understand my obligation can only end if the Member properly terminates his or her membership according to this Membership Agreement.
THE CRAG MEMBERSHIP AGREEMENT – TERMS AND CONDITIONS
- Payment Policies: You, the undersigned Member and/or as parent or guardian of the Member, (hereafter, “you” or “Member”), understand that membership dues may be increased yearly by up to 25% of the current amount at any time by The Crag due to changes in membership fees. You also understand that the financial obligations under this Membership Agreement may include monthly dues, annual increases in monthly dues, prepaid dues, family dues, membership upgrades, applicable taxes, and charges for unpaid fees or dues. You understand and acknowledge that the amounts debited to your account may vary each month due to charges to your Member Account, a change in monthly dues, past unpaid dues, applicable taxes, and other fees and charges. All of these authorities are to remain in full force and effect until thirty (30) days after The Crag has received a written notice of cancellation or written notice of termination from the Member in accordance with the “Termination Policy” section of this Membership Agreement.
- Policy/Procedure/Rules: You agree to follow all written or posted rules and regulations now in effect and to become effective at any future date. You agree to pay all sums due for membership plans and other charges to your Member Account. You understand and agree that The Crag has the right to revoke your membership and discontinue your privileges of using any of The Crag’s facilities if you fail to follow the rules and regulations or default on any financial obligation to The Crag. In such an event, you will remain liable for any unpaid balance owed to The Crag.
- Representations: You acknowledge that neither The Crag nor any of its agents or representatives has made any representations or promises upon which you relied that are not stated in this Membership Agreement. If The Crag chooses for any reason not to enforce any rights vested in it by this Membership Agreement, The Crag does not waive its rights, and further, reserves the right to enforce them at a later time. The Crag reserves the right to sell membership plans to The Crag at different rates and terms than yours.
- Right to Suspend or Cancel Membership: The Crag reserves the right to suspend or terminate this membership in its sole discretion.
- Late Charge, Collections Costs, Returned Items, and Replacement Card: If the Member makes a payment that is returned or if an electronic payment is rejected for any reason, you agree to pay, in addition to the returned or rejected payment, any charges assessed by the processing bank(s), plus up to a ten dollar ($10.00) administrative fee to The Crag. Failure of The Crag to demand or collect late charges on any payment is not a waiver of the right to collect late charges on any future or other late payment. The Crag will replace a lost key tag once, at no additional charge to the Member. Additional lost key tags will require a three dollar ($3.00) fee for each replacement tag.
- Legal Fees: If The Crag is forced to engage an attorney’s services for any reason, including but not limited to, enforcing any of its rights under the Membership Agreement, taking action due to a breach by the Member of the terms and conditions of the Membership Agreement, or for failure to pay amounts owed to The Crag, Member agrees to be responsible for payment of such attorney’s fees and any associated court costs.
- Membership Non-Transferable: Memberships are not transferable and Member may not sell, assign or transfer this Membership Agreement, his/her membership card, his/her membership in The Crag, or any other right or privilege granted in this Membership Agreement. Any such attempted sale, assignment or transfer shall be null and void. Member may not loan his/her membership card.
- Hour of Operation/Availability/Services: Normal business hours vary by location:
Monday, Wednesday and Friday: 10 am to 10 pm
Tuesday and Thursday: 12 pm to 10 pm
Saturday: 9 am to 8 pm
Sunday: 12 pm to 7 pm
Monday, Wednesday and Friday: 9 am to 10 pm
Tuesday and Thursday: 6 am to 10 pm
Saturday: 8 am to 9 pm
Sunday: 12 pm to 8 pm
Holidays are excluded and some hours may vary depending on the facility or scheduled special events. The Crag reserves the right to take the facility temporarily out of operation for reasonable repairs, modifications, special events, preparations or improvements, and staff development. Available services include, but are not limited to, roped climbing and bouldering, climbing instruction, yoga and fitness classes.
- Financial Policy: You agree to pay all membership dues and all charges to your Member Account in accordance with the Membership Agreement. Whether or not you use the facilities, you still must pay any balance owed to The Crag for membership dues or charges to your Member Account. If a membership was purchased that contains more than one Member, you are responsible for paying all the associated dues for all Members under the account. If a family membership drops to one (1) member or any member wants to pay his/her own dues, the dues for that Member change to the single monthly rate, in effect at that time. You have full control over the electronic fund transfer (EFT) and can change your accounts or stop your EFT by notifying The Crag, in writing, with an advanced written notice of thirty (30) days. Should you default on any payment obligation, you still agree to pay all amounts owed. Accounts will be canceled after three (3) unsuccessful payment attempts to the debit or credit card on file. An email notification will be sent to the email dress provided above, each time a charge is attempted on your account. Member Account charges that remain unpaid for two months may result in your membership and Member Account being cancelled. Accounts that have been cancelled may require a new activation fee to be reactivated.
- Refunds: All refunds are subject to a ten (10) day processing period. If you have a monthly or paid in full membership and cancel in accordance with the “Termination Policy” section of this Membership Agreement, we will return to you within ten (10) days of receipt of proper notice, all amounts you are owed. Otherwise, dues and fees are non-refundable except as follows: You may terminate a paid in full membership and receive a partial refund if you become disabled and a licensed physician provides written proof of your disability or if you die and your estate provides written proof of your death, then The Crag will refund the prorated unused portion of your membership. Upon cancellation of a paid in full membership the Member (or such person who has paid for the terminated membership) shall be liable only for a prorated portion of the total price, including an activation fee and other charges however denominated, based upon that portion of the term of the membership that has expired thirty (30) days after the receipt of notice and other information entitling the Member to a refund. The remaining portion of the payment, less any fees as provided herein, shall be returned to the Member.
- Damages to Facility: Member agrees to pay for all costs incurred by The Crag for damages caused by Member arising from any negligent or careless use, or intentional misuse of The Crag’s equipment or property.
- Acts of Nature: Should The Crag become non-operational during an act of nature which limits the premises unusable or untenable, including but not limited to fire damage, electrical damage, water damage, or wind damage, The Crag reserves the right to refund only the pro-rata portion of any time the premises were unusable or untenable at its discretion.
- Personal Property: It is understood and agreed that The Crag, its owners, agents, and employees are not responsible for Member’s lost or stolen articles of clothing or any other lost articles, possessions or personal property that Member claims were lost in or about the facility or in common areas of the facility. If found, you may claim your articles during a thirty (30) day period, after which it will be considered property of The Crag and may be used or sold at its discretion.
- Assignment: The Crag reserves the right to sell, transfer or assign your membership. A notice of assignment shall be in writing and addressed to the Member at the address provided on this Membership Agreement.
- Entire Agreement/Governing Law/Severability: This Membership Agreement and all other exhibits referred to in this Membership Agreement constitute(s) the final, complete and exclusive statement of the terms of the agreement between the parties and supersede all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Membership Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Membership Agreement. This Membership Agreement shall be construed according to the laws of the State of Tennessee. If any provision of this Membership Agreement is held to be unenforceable, the remaining provisions shall continue to be fully enforceable.
- Membership Types:
- Monthly Membership, Paid in Advance (Prepaid): Member is entitled to all standard membership benefits for a period of thirty (30) days. All membership fees must be paid by the Member at the beginning of each monthly period. Monthly membership fees are non-refundable.
- Monthly Membership (Auto-renewing): Member is entitled to all standard membership benefits on a monthly basis. All fees will be charged monthly to the debit or credit card on file with The Crag. Membership payments will automatically be withdrawn and memberships will be renewed on the twenty-fifth (25th) of each month. Following an intial 90-day term, Members may cancel their membership at any time with a thirty (30) day advanced written notice of cancellation. If no cancellation is made within the thirty (30) day period, the membership will automatically be renewed for a period of one (1) month. The membership will continue to be renewed unless canceled in the thirty (30) day period before the end of each continuing one. Members will be charged the last month of membership prior to cancellation.
- Family Membership: Family memberships are available with either premium or standard membership benefits. The parent (initial Member) membership will be at the rate set by The Crag. Additional family members may be added to the account, for the rate set by The Crag, under the same Membership Agreement period as the initial Member, with a limit of up to seven (7) additional memberships. Each member of the family must have the same last name or show proof of immediate family connection before family membership will be issued.
- Lifetime Membership: Lifetime members will be charged a one-time fee at the rate set by The Crag. Lifetime memberships entitle Member to all premium membership benefits including access to all The Crag locations.
- Founding Membership: Founding members will be charged a biennial fee at the rate set by The Crag. Founding memberships entitle Member to all premium membership benefits for a period of two (2) years including access to all The Crag locations. The membership will continue to be renewed biennially unless cancelled pursuant to the Termination Policy of this Membership Agreement.
- Termination Policy: You may terminate a month-to-month membership plan, Founding membership plan, or Member Account at any time by providing thirty (30) days written notice prior to the billing date. During the last month of membership, one more EFT billing will occur and Member’s privileges will continue for one more month.
***Notice of termination is considered given; if by mail when postmarked, or if by hand when a Membership Cancellation Form is filed at The Crag’s principal place of business, or when a Membership Cancellation Request Form is completed and submitted via our website, _newtondominey.wpengine.com__. The Member may cancel this Membership Agreement at any time prior to midnight of the fifth (5th) business day after the date of this Membership Agreement, excluding Sundays and holidays without giving thirty (30) days written notice. To cancel this Membership Agreement, mail or deliver a signed and dated notice which states that you are canceling this Membership Agreement, or words of similar effect. Any notice of cancellation should be sent to: The Crag: _15115 Old Hickory Blvd Suite C Nashville, TN 37211_, or by following the instructions above regarding cancelling via our website or in person at our place of business.
- Monthly Dues: Payments for membership dues will be billed on the twenty-fifth (25th) of each month which covers usage until the twenty-fourth (24th) day of each month. The Crag reserves the right to reprocess payments of delinquent or unbilled accounts any date beyond the twenty-fifth (25th) of the month.
- Holds on Member Accounts: Member may “freeze” his/her monthly EFT membership for a period of twelve (12) months or less, for a cost of eight dollars ($7.00) per month. After the twelve (12) month period, the membership may be cancelled and the Member will have to pay the appropriate activation fee to reinstate the membership.