PRG Membership Terms and Conditions
Philadelphia Rock Gyms (“PRG”) provide membership plans to allow our customers access to our various climbing facilities during normal operating hours.
By accepting these Terms and Conditions which govern our membership plans, you (“Client”) agree to the following:
- For all membership plans, provided that you, the Client, are not in default and subject to these Terms and Conditions, after the initial term commitment of your membership plan has expired, your membership will automatically renew on a monthly basis until terminated. You will be notified regarding any rate increases at least 30-days before any automatic rollover renewal.
- Automatic Monthly Rollover may be cancelled at any time upon a 30-day written notice being delivered to your home facility’s address.
- PRG may offer a number of different membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
- PRG may occasionally present special promotional offers, plans, or memberships (“Offers”). Offer eligibility is determined by PRG at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you were not eligible. Members of households with an existing or recent PRG membership may not be eligible for certain introductory Offers. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
Billing and Cancellation
- Billing Cycle. The membership fee for PRG and any other charges you may incur in connection with your use of the service, such as initiation fees, maintenance fees, or possible transaction fees and taxes, will be charged to your Payment Method on the specific payment date indicated when you purchased your membership plan. The length of your billing cycle will depend on the type of membership plan that you purchase. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your membership plan or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you sign up.
- Payment Methods. To purchase a PRG membership plan, you must provide one or more accepted Payment Methods. You authorize PRG to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your membership fee(s). You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to all PRG locations until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- Default and Late Payments. Should you default on any payment obligation as called for in these Terms and Conditions, PRG will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under these Terms and Conditions is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service fee will be assessed for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying membership fee(s) by electronic funds transfer (EFT), PRG reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Note: Members paying monthly dues by EFT are subject to $5.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement.
- Cancellation. All membership plans, after the initial term commitment of your membership plan has expired, will automatically renew on a monthly basis until terminated. Automatic Monthly Rollover may be cancelled at any time upon a 30-day written notice being delivered to your home facility’s address.
If you wish to cancel your membership prior to your membership plans’ initial term commitment, you may cancel by delivering in person or by mailing by certified mail, return receipt requested, written notice to the Philadelphia Rock Gym (PRG) at your home PRG facility’s address. The notice must say that you do not wish to be bound to the membership Terms and Conditions and must be delivered in person or mailed before 12 midnight of the third business day after you agree to the Terms and Conditions of your membership plan.
In some cases, you may also cancel your membership before the initial term commitment is expired if you accepted these Terms and Conditions before the home climbing facility was completed, if the facility moves or goes out of business, if you become permanently disabled, or if you move outside of an additional forty-five-mile radius from your home PRG facility. If you cancel, PRG may be entitled to collect and/or retain a certain portion of the total membership plan price.
- i. Client is permitted to cancel their membership without penalty within three business days of purchase and accepting the Terms and Conditions. Upon receipt of notice of cancellation under this paragraph, PRG shall refund to Client all monies, including any initiation fee paid under the membership plan.
- ii. Client is permitted to cancel their membership if PRG closes for more than 30 consecutive days and PRG fails to provide a comparable facility within ten miles of the location designated as your home facility. Upon receipt of notice of cancellation under this paragraph, PRG shall refund to the Client all monies paid in excess of an amount computed by dividing the full membership plan price, including any initiation fee, by the number of weeks in the membership term and multiplying the result by the number of weeks elapsed in the membership term.
- iii. Client or his/her legal representative may cancel their membership if the Client dies or becomes permanently disabled. A permanent disability means a condition which precludes the Client from using one-third or more of the facilities for six consecutive months or more and the condition is verified in writing by a physician. Upon receipt of notice of cancellation under this paragraph, PRG shall refund the Client all monies paid in excess of an amount computed by dividing the full membership plan price including any initiation fee, by the number of weeks in the membership term and multiplying the result by the number of weeks elapsed in the membership term, less a predetermined fee not exceeding $100.00, or if more than half of the life of the membership plan has expired, a predetermined fee not exceeding $50.00. In case of a permanent disability, PRG may require the Client to submit to a physical examination by a physician agreeable to the Client and PRG. The additional cost of the examination shall be borne by PRG.
- iv. Client may cancel their membership if he/she moves more than 45 additional miles from their PRG home facility and is unable to transfer the membership to a comparable facility located within ten miles of his/her new residence. Client must provide proof of new address. Upon receipt of notice of cancellation under this paragraph, PRG shall refund to the Client all monies paid in excess of an amount computed as of the date of relocation by dividing the full membership plan price, including any initiation fee, by the number of weeks in the membership term, less a predetermined fee not exceeding $100.00, or if more than half of the life of the membership plan has expired, a predetermined fee not exceeding $50.00.
- v. To cancel your membership pursuant to paragraph (i), (ii), (iii), or (iv), the Client shall notify PRG of cancellation in writing by personal delivery or by certified mail, return receipt requested, in either case to the address of your home facility; all money to be refunded upon cancellation of the Membership plan shall be paid within 40 days of receipt of the notice of cancellation. If the Client has executed a credit, lien, or automatic funds transfer agreement with PRG to pay for PRG services, any negotiable instrument or credit of lien agreement executed by the Client shall be returned and any automatic transfer shall be cancelled within 40 days after the notice of cancellation.
- Changes to the Price and Membership Plans. PRG reserves the right to change our membership plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion after the expiration of your initial term or any renewal term. Except as otherwise expressly provided for in these Terms and Conditions, any price changes or changes to your membership plan will take effect following at least 30-days’ email notice to you. You may choose not to accept any price increase by cancelling your membership in writing by personal delivery or by certified mail, return receipt requested, in either case to the address of your home facility. Such termination will become effective thirty days after receipt by PRG of your written termination notice.
- No Refunds. Payments are nonrefundable unless otherwise stated in these Terms and Conditions, and, unless otherwise provided, there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to your membership through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Under these Terms and Conditions, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in these Terms and Conditions, in the event the home facility ceases operation and fails to offer a comparable alternate location within ten miles of your home facility.
- If PRG temporarily closes for a period less than 30 days, the Client shall receive an extension of the membership term equal to the period during which the facility was closed.
- The Client is permitted to extend the term of the membership plan at no additional cost for a period of time equal to the duration of a disability where the Client has a disability which precludes Client from using one-third or more of the facilities for a period of less than six months and the disability is verified in writing by a physician.
Notice: Any PRG member or customer is subject to all claims and defenses which a debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by a debtor shall not exceed amounts paid by such debtor hereunder.
By accepting these Terms and Conditions, the Client acknowledges that they have read and agreed to the Terms and Conditions in full.