PRG Membership Terms and Conditions
Philadelphia Rock Gyms (“PRG”) provide membership plans to allow 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 monthly until terminated. You will be notified of rate increases at least 30 days before automatic rollover renewal.
- Automatic Monthly Rollover may be canceled upon a 30-day written notice delivered to your home facility’s address.
- PRG may offer several 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”). PRG determines offer eligibility at its sole discretion, and we reserve the right to revoke an Offer and put your account on hold if we determine you are 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.
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. Sometimes, your payment date may change, for example, if your Payment Method was not successfully settled when you changed 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 with your account in case your primary Payment Method is declined or no longer available to us to pay your membership fee(s). You remain responsible for any uncollected amounts. Suppose payment is not successfully settled due to expiration or insufficient funds, and you do not cancel your account. In that case, 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 processing 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. You will be charged a late fee if any monthly payment becomes more than ten days past due. An additional service fee will be assessed for any check, draft, credit card, or order returned for insufficient funds or other reasons. If the Member is paying a 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 a $5.00 per month increase in monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement.
- Cancellation. After the initial term commitment of your membership plan has expired, all membership plans will automatically renew every month until terminated. Automatic Monthly Rollover may be canceled upon a 30-day written notice delivered to your home facility’s address.
Suppose you wish to cancel your membership before your membership plans’ initial term commitment. In that case, you may cancel by delivering in person or by mailing by certified mail, return receipt requested, or 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 can cancel their membership without penalty within three business days of purchase and accepting the Terms and Conditions. Upon receipt of the cancellation notice under this paragraph, PRG shall refund the 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 more than 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 that 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 more than 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. PRG shall bear the additional cost of the examination.
- iv. Client may cancel their membership if he/she moves more than 45 additional miles from their PRG home facility and cannot transfer the membership to a comparable facility within ten miles of his/her new residence. The client must provide proof of a new address. Upon receipt of notice of cancellation under this paragraph, PRG shall refund to the Client all monies paid more than 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 according to paragraphs (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 canceled 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 your initial or renewal term expires. 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 canceling 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 PRG receives your written 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, if 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 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 some time equal to the duration of a disability where the Client has a disability that precludes the Client from using one-third or more of the facilities for 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 a debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds. Recovery hereunder by a debtor shall not exceed amounts paid by such debtor.
By accepting these Terms and Conditions, the Client acknowledges that they have read and agreed to the Terms and Conditions in full.