This Membership Agreement ("Agreement") is between The Happy Lark, LLC ("The Happy Lark") and the undersigned member (the "Primary Member").
By registering for membership at The Happy Lark, I agree to follow all policies and procedures of the facility. I enroll understanding the risks and benefits of physical activity and state that all family members participating are in condition to play. I agree to supervise my child at all times while at The Happy Lark.
Membership: ___________________ ("Primary Member") has elected to become a Single Child / Multi Child member of The Happy Lark. Primary Member’s entire family will receive unlimited access to The Happy Lark indoor play space and discounted parties. Membership will begin on _______________ and renew monthly until it's canceled.
Method of Payment: Should your credit card information expire or change for any reason, it is your responsibility to update your card information with The Happy Lark.
The parties agree to the following:
Membership. The membership is a Single Child / Multi Child membership and entitles members and their child / children to use the facilities consistent with its policies and procedures, for the length of membership. This fee also includes entry for authorized caregivers whose names are provided by the Primary Member and who expressly agree to abide by our policies and procedures.
It is the responsibility of the Primary Member to add or remove authorized caregivers to their membership. This membership will allow members and their child / children use of the indoor play space. All other services will be charged at the time of registration or booking.
The Happy Lark play space will be open Tuesday – Friday, 10 am-6pm; Saturday, 12:30pm-3:30pm, and Sunday, 12pm-6pm; with the following exceptions:
During periods of construction, repair efforts or maintenance, The Happy Lark reserves the right to close, limit or restrict the use of its facilities in whole or part in its sole discretion.
The Happy Lark will be closed for the following holidays:
-New Year’s Day
-4 th of July
-Summer Break – one week in June*
-Thanksgiving Break – Thanksgiving Day and the following Friday
-Christmas Break – one week in December including Christmas Eve and Christmas Day*
*60 day advance notice for exact dates of Summer Break and Christmas Break will be given to members.
Term. Minimum term for any membership to The Happy Lark is 1 month. The monthly membership contract is set to automatically renew for subsequent months from date of joining unless canceled in writing by either the client or The Happy Lark in accordance with the following terms: Either party may cancel this agreement by written notice of cancellation. Any written notice of cancellation by Primary Member must be received by The Happy Lark 15 days in advance of the next billing date. Membership can also be cancelled through our website, thehappylark.com.
Membership Fees. The fee for a Single Child Membership is $35 per month and the fee for a Multi Child Membership is $40 per month. Fees may not be refunded under any circumstances. No changes will be made to the price of the membership by The Happy Lark without written notification to the member.
Change of Information. The Member shall promptly notify The Happy Lark of any change in address, telephone number, billing information, medical information, authorized caregiver information, or emergency contact information.
Rules & Regulations. The Member agrees to abide by all The Happy Lark rules and regulations. The Rules & Regulations may be amended at The Happy Lark's discretion. On all questions regarding the interpretation of the Rules & Regulations, the decision of The Happy Lark shall be final. The Happy Lark reserves the right to suspend membership privileges for violation of any rule or regulation.
Revocation of Membership. Membership may be revoked at any time, or extension of membership may be denied, if in the sole discretion of The Happy Lark, the Primary Member or his or her family members or guests have consistently failed to observe the Rules & Regulations or have otherwise behaved in a manner contrary to the best interest of The Happy Lark or its members.
Member’s Right to Cancel. The member may cancel this agreement at any time. This can be done through our website, in our store, or by a written request. A written request or in store cancellation must be done 15 days before the next billing cycle.
RULES + REGULATIONS
Assumption of Risk, Indemnification, Release of Liability, and Hold Harmless Agreement
PLEASE READ COMPLETELY AND CAREFULLY BEFORE SIGNING
I, as the parent or legal guardian of the minor child(ren) listed in this membership agreement, agree as follows:
Assumption and Acknowledgement of Risk. I understand and acknowledge that the risks associated with the activities provided by and performed at The Happy Lark entail known and unknown risks. These risks include, but are not limited to, cuts, bumps, bruises, or damage to property, as well as far more serious risks that could result in physical or emotional injury to the member, the member's minor child(ren), or to other persons.
I acknowledge that my minor child(ren) and I could require substantial medical assistance at significant expense to me or to others responsible for medical care and treatment of my family. I freely and personally ASSUME ALL RESPONSIBILITY for all risks, whether foreseen or unforeseen, in connection with my family's participation in activities at The Happy Lark, and I WILL BE SOLELY RESPONSIBLE for any loss or damage my family sustains, including, but not limited to, personal injuries or damage to property.
Release of Liability. I, on behalf of my family, heirs, successors, assigns, and anyone claiming any interest through or on behalf of my family, HEREBY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY PROMISE NOT TO SUE, RELEASE FROM ALL LIABILITY, AND DISCHARGE The Happy Lark for any damage, injury, or loss arising out of or in connection with my family’s participation in activities at The Happy Lark. It is my express purpose to bind my family and I, as well as our heirs, successors, assigns, and anyone claiming any interest through on behalf of my family.
Indemnification. I understand and explicitly agree on behalf of my minor child(ren) and I, as well as our family, heirs, successors, assigns, or anyone claiming an interest through or on behalf of my minor child(ren) and I, to indemnify and hold harmless The Happy Lark and its employees, owners, and volunteers from any loss, liability, damages, or costs, including reasonable attorney’s fees, that they may incur due to the presence of any claims or actions brought or threatened by my minor child(ren) and I, as well as our family, heirs, successors, assigns, or anyone claiming any interest through or on behalf of my family arising out of or in connection with my family's participation in activities at The Happy Lark.
I have read and understand this Agreement and agree to be bound by its terms and conditions. No oral representations or statements or inducements have been made to me that modify anything within the written Agreement.
I hereby verify by my signature below, that I have read, understood and accept the terms contained herein; and furthermore I voluntarily elect to allow my minor child(ren) and I to participate in activities at The Happy Lark.
By signing below, I authorize The Happy Lark, or its billing company, to draw below items for the purpose of paying The Happy Lark membership dues.
Signature of Primary Member: __________________________
Signature of The Happy Lark: ___________________________________________________