SHAKA CLUB MEMBERSHIP SUPPLEMENTAL TERMS
Your membership in the Shaka Club (the “Organization,” and your membership in the Organization, your “Membership”), one of the Services of The Shaka Club, LLC (“Shaka Club”), and the benefits of Membership as outlined in the membership handbook (the “Benefits”) of the Shaka Club website or application (the “Organization Site”) is governed by and subject to the Shaka Club Terms of Use (“General Terms”) as supplemented by these Shaka Club Membership Supplemental Terms (“Supplemental Terms,” and together with the General Terms, the “Terms”), and any additional policies that may be posted on the Organization Site, as each of the foregoing may be amended from time to time. Unless otherwise defined in these Supplemental Terms, all capitalized terms will have the definition given to such terms in the General Terms.
PLEASE CAREFULLY REVIEW THE TERMS AND THE PRIVACY POLICY. IN ORDER TO BECOME A MEMBER (AS DEFINED BELOW), YOU MUST BOTH ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND ACKNOWLEDGE THAT YOU HAVE REVIEWED THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND COMPLY WITH ALL OF ITS REQUIREMENTS, YOU MAY NOT BECOME A MEMBER.
PLEASE NOTE THAT SECTION 14 OF THE GENERAL TERMS CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WHEN RESOLVING DISPUTES WITH SHAKA CLUB.
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Membership Registration & Account.
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Registration & Account. To become a member of the Organization (a “Member”) and to gain access to the Benefits, you must first submit a membership application through the Organization Site. Shaka Club will review your application and reserves the right to accept or deny granting you Membership for any lawful reason. Upon Shaka Club’s approval of your membership application, Shaka Club will approve your Membership account on the Organization Site and you will complete your Membership enrollment by signing up for a pricing plan on the Organization Site.
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Restrictions. You may not permit any other person or entity to access the Organization Site using your username and password, which you acknowledge and agree are personal to you and are non-transferable. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account. You agree to promptly notify Shaka Club of any unauthorized use of your username, password or other account information, or of any other actual or reasonably suspected breach of security that you become aware of involving your account or the Organization Site. Shaka Club will not be liable to you for any loss you may incur as a result of someone else using your username, password or account with or without your knowledge. You may be held liable for losses incurred by Shaka Club or others due to any unauthorized use of your username, password or account.
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Membership Dues.
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Membership Contributions. You will be responsible for paying any required Membership dues upon your initial enrollment, upon renewal of your Membership, or any fees associated with an Event (as defined below) (each, a “Membership Contribution”). All Membership dues owed shall be as outlined in the membership handbook and your pricing plan, and any Event fees shall be communicated to you prior to the start of the applicable Event and/or at the time of registration. You acknowledge and agree that any Membership Contribution may increase at any time, in which case Shaka Club will provide you with advance notice of the increase. If you do not accept any such increases in Membership Contributions, your sole remedy is the nonrenewal of your Membership or to decline attendance of an Event, as applicable.
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Payment. You agree that Shaka Club may charge any payment that you make to the payment method that you specify at the time of payment. If the payment method is a credit card, you acknowledge that Shaka Club may seek pre-authorization of your credit card account prior to your purchase to verify that the card is valid and has the necessary funds or credit to complete the purchase. You acknowledge and agree that Shaka Club may use third party payment processors to process on our behalf any payments that you may make, and that Shaka Club will not be held liable for any errors caused by such third party payment processors.
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Membership Term.
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All Membership expiration dates will be as specified on the Organization Site, or if not specified, one (1) year from the date of the completion of registration of your Membership. Unless specified otherwise on the Organization Site, your Membership will automatically renew on the anniversary of the date of when you first completed registration of your Membership account.
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Events.
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Event Conduct. From time to time, Shaka Club may host various events and other offerings at different locations for Members to participate or attend (each an “Event”). If you attend or participate in an Event, you agree to (i) follow any code, standards, guidelines, or any other applicable rules of conduct or behavior as required by Shaka Club, including the member handbook, or the owner/controller of an Event venue, and (ii) to comply at all times with any applicable laws and regulations. In any event, you shall at all times conduct yourself at an Event, including in interactions with other Members, guests, or venue personnel, in a socially responsible and appropriate manner, and you will be solely responsible or liable for any of your actions or omissions at an Event. If Shaka Club decides, in its sole discretion, that your conduct at an Event has breached this Section, your Membership may be terminated without notice and without any refund of Membership dues or any payments made by you in connection with an Event.
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Image Release. You hereby (i) irrevocably consent to be photographed, videotaped, or otherwise recorded in any media by Shaka Club during your attendance at an Event, (ii) authorize Shaka Club to use, publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise exploit your name, image, voice, and likeness as obtained from such Event photographs, recordings, or other materials in any form, media, or technology now known or later developed, without compensation to you, and (iii) waive any rights of publicity you may have in such materials. Notwithstanding the foregoing, Shaka Club is not obligated to use or publish such materials.
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License Grant. Shaka Club also encourages you to take photographs, videos, and other media at an Event and to share it with others through social media or any other distribution channel (your “Event Materials”). You will continue to retain any ownership rights you may have in your Event Materials, but without limiting Section 6 (User Content) of the General Terms, you hereby grant Shaka Club a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to use, publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise exploit your Event Materials (or any portion thereof), including those that are made publicly available on your social media accounts, in any manner and in any form, media, or technology now known or later developed. You hereby waive any moral rights or rights of publicity that you may have in your Event Materials. You further represent that you have obtained the consent of all individuals who are identifiable in your Event Materials, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your Event Materials and for us to enjoy all of the rights and privileges that you grant to us under these Terms and any other agreement that you have entered into with Shaka Club, including without limitation the right to use your or the individual’s likeness in our advertising and marketing activities. Notwithstanding the foregoing, Shaka Club will not be in any way responsible or liable for your Event Materials, and Shaka Club is not obligated to use or publish your Event Materials.
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Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION OR ATTENDANCE AT EVENTS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EVENTS ARE PROVIDED TO MEMBERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. NEITHER SHAKA CLUB NOR ANY THIRD PARTY SERVICE PROVIDERS OR OTHER ATTENDEES OF AN EVENT, INCLUDING ANY VENUE OR EVENT PERSONNEL, MAKE ANY WARRANTIES AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE AT AN EVENT, WHETHER PROVIDED IN TEXT, AUDIO, VIDEO, GRAPHICAL, ORAL, OR OTHER FORM. SHAKA CLUB MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SERVICE PROVIDERS AT ANY EVENT OR ANY FACILITIES AT WHICH EVENTS MAY BE HOSTED.
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Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, SHAKA CLUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF USE, LOSS OF LIFE OR HEALTH, AND ANY CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO ANY EVENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF SHAKA CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHAKA CLUB’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR IN CONNECTION WITH THE EVENT GIVING RISE TO THE CLAIMS (IF ANY) OR $100. DEPENDING ON THE JURISDICTION WHERE YOU RESIDE OR WHERE THE RELEVANT EVENTS OCCUR, APPLICABLE LAW MAY NOT ALLOW ALL OF THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE, TO THE EXTENT PROHIBITED BY LAW, SUCH PROVISIONS SHALL NOT APPLY TO YOU.
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Indemnification. You agree to indemnify and hold harmless Shaka Club, its directors, officers, employees, and agents from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Supplemental Terms or the General Terms, your attendance at an Event, and any claims arising from or alleging fraud, intentional misconduct, gross negligence, or criminal acts committed by you at or in connection with any Event. Shaka Club reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall provide Shaka Club with any cooperation as Shaka Club reasonably requests.
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Communications with You.
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Shaka Club and its service providers may communicate with you about Events, your Membership, and other Shaka Club programs and services, including through one or more third party e-mail or survey services, via methods determined by Shaka Club, including through the Services or contact information you provide as part of the registration process for your Membership. You consent to receive communications from Shaka Club and/or its service providers that may: (i) solicit feedback via e-mail, surveys, or other methods Shaka Club may determine regarding your Membership experience; (ii) provide you with receipts, confirmations, notices, alerts, reminders, and other similar documentations of your Membership transactions; (iii) notify you of changes to your Membership, Benefits, or the Terms; and (iv) tell you about upcoming Events and other general news about the Organization. You agree that any such notices, disclosures, and other communications will satisfy Shaka Club’s applicable legal notification requirements. Shaka Club recommends that you keep a copy of any electronic communications Shaka Club sends to you for your records.You agree that Shaka Club may share your contact information with its service providers, and, to the extent necessary to enable such communications, with other third parties.
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Discontinuation of Membership; Termination.
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Shaka Club reserves the right to permanently or temporarily amend or discontinue your Membership or any Benefits at any time, in its sole discretion, without notice to you. To the fullest extent permitted under applicable law, Shaka Club will not be liable for any change to or any discontinuation of your Membership or the Benefits.
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