In consideration of, and as an inducement and condition to, the operator of the Colorado CQB facility for which you have requested a membership (such operator, collectively with its affiliates and designees, being referred to herein as “Colorado CQB”), allowing you to become a Colorado CQB member, and participate in programs, events and activities conducted or organized by or through Colorado CQB, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Membership Standard Terms and Conditions (these “Terms”). 1. GENERAL. Your membership agreement with Colorado CQB consists of your member enrollment information (including your member information, contact information, payment information, Colorado CQB Membership Program that you have selected (the “Program”), and authorized users of your membership) and these Terms, which collectively are referred to in these Terms as this “Agreement.” This Agreement governs your membership in the Program. Throughout these Terms, we will refer to you as “you” or “Member” and to us as “we” or “Colorado CQB.” These Terms are important and affect your legal rights, so please read them carefully. Note that Section 20 below contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. 2. LOCATION-SPECIFIC MEMBERSHIP. Membership, Programs, and benefits are specific to the Colorado CQB location from which you purchased your Colorado CQB membership. Colorado CQB locations are referred to in these Terms as a “Location” and “Locations.” Your membership is offered by and has been purchased from the operator of the specific Colorado CQB location from which you purchased your membership (each, an “Operator”). An Operator offers specific options for a monthly membership. Please see Location membership options and information at the Location or at www.cocqb.com for the specific Location. MEMBERSHIPS ARE ONLY VALID AT THE SPECIFIC COLORADO CQB LOCATION WHERE YOU PURCHASED THE MEMBERSHIP AND NO OTHER COLORADO CQB LOCATION. 3. CERTAIN MEMBERSHIP TERMS. Each Program membership is a 3 month membership which may be cancelled in accordance with Section 5 of these Terms. All Program memberships are non-transferable, exclusive only to the individual or individuals listed on the Program membership, and prices are subject to change. 4. START DATE; AUTOMATIC RENEWAL. The initial term of your Colorado CQB membership in the Program begins on the date of the purchase of your Program membership (the “Start Date”) and continues for a period of thirty (90) days. Thereafter, your Program membership will AUTOMATICALLY RENEW AND CONTINUE ON A 3 MONTH BASIS FOR SUCCESSIVE THREE-MONTH TERM(s), unless and until you expressly cancel it in accordance with the cancellation terms set forth in Section 5 below, or until we terminate it. Colorado CQB will continue to bill you until you cancel your membership in accordance with the cancellation procedure specified in Section 5 below, or unless Colorado CQB terminates this Agreement at its sole option. Subject to the provisions contained herein, payments are nonrefundable and there are no refunds or credits for partially used periods. 5. CANCELLATION. You understand that, if you cancel this Agreement within the first twenty-four (24) hours of the Start Date using the cancellation method described below, you will receive a refund of pre-paid but unused fees. You agree that, on the date of each automatic renewal, the then-current membership price, plus any applicable taxes, fees, and charges, will be charged to your payment method on file. You acknowledge and agree that your membership will automatically renew for each successive three-month period, regardless of any changes to your membership as outlined in Section 13 below, unless and until you expressly cancel your Membership. You must maintain a valid payment method on file, and you authorize Colorado CQB and its third-party payment processor(s) to charge your payment method for the total price of your membership and for any other fees and charges as and when they are incurred. If you do not want your membership to renew, you must cancel it at least three (3) business days before the next automatic renewal date. Cancellation must be completed via email to support@cocqb.com or by the online web portal by logging into your membership account and using the automated self-cancel feature, which is the sole method to cancel your membership. 6. ADDITIONAL AGREEMENTS AND COVENANTS. You represent, or acknowledge and agree (as applicable), that: a. You have the authority to bind all members added to your membership to this Agreement; b. All individuals added and paid for under your membership will remain active members until you cancel each individual membership in accordance with Section 5. Note: Colorado CQB will not automatically cancel all members unless each is cancelled in accordance with Section 5; c. You will promptly notify Colorado CQB of any change in your account information; d. You are an authorized user of the credit card used for purchase and will not dispute scheduled transactions with your bank or card company, provided the amounts are consistent with this Agreement; e. You understand Colorado CQB will not charge you for recurring payment authorizations, but your financial institution may impose fees; f. If the credit card is declined, you authorize Colorado CQB to re-submit the card for payment; g. You understand your right to cancel within twenty-four (24) hours of membership commencement for a full refund of any prepaid, unused fees. Refunds will be processed within a reasonable period following receipt of cancellation notice. 7. ELIGIBILITY AND CONDITIONS. Each Member must have a liability waiver at Colorado CQB for indemnification & liability purposes. Liability waivers are valid forever after signing; to remain active, you do not have to update your waiver annually. Colorado CQB reserves the right to request further identification verification. Memberships are nonrefundable, nontransferable, and remain the property of Colorado CQB. Restrictions apply, including capacity limits and closures. Memberships may not be used for commercial purposes and are void if, in Colorado CQB’s reasonable belief, they are altered or misused. Eligibility questions or disputes will be resolved at Colorado CQB’s sole discretion. 8. TERMINATION. Colorado CQB reserves the right to cancel, suspend, or revoke any membership, or deny access to the facility, at any time for any reason. Cancellation for policy violations may result in barring from all Colorado CQB locations without refund. 9. UPGRADES. To upgrade, a member must select a higher-tier membership and pay the price difference at the time of upgrade. Upgrades must be requested at the time of transaction. 10. ADDRESS CHANGE. You must promptly update your address with Colorado CQB either in-person at the facility or by phone. 11. PRIVACY. Please review Colorado CQB’s Privacy Policy at www.cocqb.com/terms. By enrolling, you acknowledge and accept the terms of this policy. 12. CERTAIN LIMITS AND RESTRICTIONS. Program perks may not be combined with other offers or events, are walk-in only (unless otherwise specified), and memberships do not include private events or guarantee admission during high-volume periods. Memberships are nonrefundable, nontransferable, and remain property of Colorado CQB. 13. CHANGES. Colorado CQB reserves the right to change or discontinue the Program, facilities, services, branding, or any other aspect at any time without notice. Notice of changes may be provided by email, at the location, or on www.cocqb.com. 14. TAXES. Members are solely responsible for taxes and reporting obligations related to Program benefits. 15. ASSUMPTION; INDEMNIFICATION AND RELEASE OF LIABILITY. By participating, you assume risks associated with activities at Colorado CQB and release Colorado CQB, its affiliates, and representatives from liability. You agree to indemnify Colorado CQB for claims arising from your breach of this Agreement. 16. YOU ACCEPT THE SERVICES “AS IS.” The Program and all related services are provided “as is,” with no warranties of any kind by Colorado CQB. 17. LIMITATION OF LIABILITY. In no event will Colorado CQB’s liability exceed the greater of (a) membership fees paid in the prior three (3) months (excluding taxes), or (b) $100. 18. STATUTE OF LIMITATIONS. Any claim must be filed within one (1) year from the event giving rise to it. 19. BINDING ARBITRATION; CLASS ACTION WAIVER. All disputes will be resolved by binding arbitration or in small claims court, as applicable. Class actions are expressly waived. 20. GOVERNING LAW. This Agreement is governed by the laws of the state where you purchased your membership. 22. SEVERABILITY. If any provision is found unenforceable, the remainder of the Agreement remains in effect. 23. NO WAIVER. Failure by Colorado CQB to enforce any provision does not constitute a waiver of rights under this Agreement. |