This agreement between you and ZDT’s Amusement Park, LTD sets out the terms of monthly membership to ZDT’s Amusement Park in Seguin, TX (“ZDT’s”). As used in this agreement, “you” means the person who signs this agreement below, and “Member” means each person you identify during the sign-up process to receive a membership. The minimum term of membership is 12 months (the "Minimum Term"). At the end of the Minimum Term, each Member’s membership will be renewed monthly, unless cancelled, as described in more detail below.
Membership Benefits: Each Member will receive all of the standard benefits of membership at ZDT’s in effect at any given time including, without limitation, unlimited admissions to ZDT’s whenever it is open to the public, access to Bring A Friend free days, food discounts, merchandise discounts, and friend discounts as described on the webpage (zdtamusement.com). Membership benefits are subject to change without notice.
Payment Method and Authorization to Bill: During the sign-up process you must designate an available payment method you will use to pay amounts you owe under this agreement. That payment method (or any other available payment method you designate in the future) is referred to as your “Card” in this agreement. You authorize ZDT’s (1) to charge your Card today for the first monthly payment for the memberships of all Members and related taxes and processing fees, and your activation fee (if any), and (2) to charge your Card each month thereafter for the monthly payment amount for the memberships of all Members and related taxes, for as long as the memberships are in effect. You also authorize ZDT’s to charge your Card for all future fees and charges incurred by any Member under this agreement, including sales taxes and other government fees, Termination Fees, and other amounts you are required to pay under this agreement. ZDT’s will charge your Card on or about the same day each month as your initial sign-up (e.g., if you sign up for membership on the 10th of the month, your Card will be charged on or about the 10th of each month). The amount you owe is due and payable on the date we charge (or attempt to charge) your Card. The amount you owe that will be charged to your Card can be viewed on the ZDT’s membership portal (zdtamusement.com/member).
IF THE PAYMENT METHOD YOU SELECT IS A DEBIT CARD, THE FOLLOWING PARAGRAPH APPLIES TO YOU.
DEBIT CARD PREAUTHORIZATION: You authorize ZDT’s to charge your debit card each month as indicated above and in this section. The first amount we charge will be the amount of the monthly membership payments for all Members and related taxes and activation fees. In subsequent months, the amount we charge will be the amount of the monthly membership payments for all Members and related taxes. However, you also authorize ZDT’s to charge any other amounts you owe under this agreement to your debit card.
Your Responsibilities Under This Agreement: You are responsible for payment of your monthly membership payments and all other amounts you owe under this agreement. If ZDT’s is unable to obtain payment the first time ZDT’s attempts to charge your Card, ZDT’s may attempt to charge repeatedly until payment in full is received. It is your responsibility to ensure that the Card you designate is valid at all times and has not expired. If funds available through your Card are not sufficient to cover any payment when due, you are responsible for providing ZDT’s access to another acceptable payment method to pay the full amount due. YOU ACKNOWLEDGE THAT, IF ANY PAYMENT BY CARD IS NOT COMPLETED (OR IS REVERSED) AT ANY TIME DURING THE TERM OF THIS AGREEMENT, YOUR MEMBERSHIP MAY BE SUSPENDED AND YOU MAY BE REFUSED ADMISSION TO ZDT’S OR ACCESS TO YOUR OTHER BENEFITS UNTIL THE AMOUNT YOU OWE IS PAID. You may change or update the Card you designate as your payment method at any time via the ZDT’s membership portal (zdtamusement.com/member). Failure to use the membership or your member benefits does not relieve you of responsibility for payment. In addition, regardless of the number of times a membership pass is used, there are no refunds on amounts paid on any membership.
Minimum Term; Changes in the Price of Your Membership: The monthly membership payment will not change during the Minimum Term, or for as long as the membership type obtained remains a valid membership type at ZDT’s. (However, sales taxes and other government-imposed fees are not part of the membership price and may be added or adjusted at any time without notice as required by law.) You agree that ZDT’s may cancel your membership after the Minimum Term if the membership type obtained is no longer offered. ZDT’s will give you notice of any cancellation of membership types by sending a notice to the e-mail address you provide. (At ZDT’s’ option, ZDT’s also may mail a notice to you.)
Cancellation Procedure: Membership may not be cancelled during the Minimum Term. After the Minimum Term, your membership in this program renews each month until you cancel it. Cancellation notices may not be submitted more than 30 days prior to the end of the Minimum Term. To give your cancellation notice, go to zdtamusement.com/member. After cancelling, your membership will remain active until the end of the period that has already been paid for, and will deactivate on the date that the next payment was scheduled to take place. Memberships may not be able to be cancelled by telephone, mail, email, by fax or in-person. Memberships may only be cancelled as described in this section.
Termination Fee. YOU UNDERSTAND THAT YOU ARE NOT PERMITTED TO CANCEL YOUR MEMBERSHIP UNTIL THE END OF THE MINIMUM TERM. If the membership of any Member is cancelled or revoked prior to the end of the Minimum Term, you agree to pay a Termination Fee equal to the aggregate amount of the remaining monthly membership payments that would be due for that membership from the date of cancellation or revocation until the end of the Minimum Term. The Termination Fee will be charged to your Card. You are still required to pay all obligations incurred pursuant to your membership prior to the effective date of cancellation or revocation. If your Card is declined, and ZDT’s has another Card on file for your account, ZDT’s may attempt to charge that Card as a backup payment method for the termination fee.
Suspension of Membership. ZDT’s may suspend membership under these circumstances:
(1) If ZDT’s is unable to successfully charge your Card for monthly membership payments and other amounts you owe at the time they are due, and you do not pay the amounts due in some other way, then all Members’ ZDT’s membership passes will be deactivated and the Members will no longer have access to ZDT’s. If your memberships are suspended due to failure to pay amounts owed, membership will be immediately reinstated if you pay all monthly membership payments and other amounts that are due before your next payment is due.
(2) If any Member is suspected of violating any provision of this agreement, any of the membership terms and conditions, or any other rules, regulations, or policies of ZDT’s, ZDT’s may suspend the membership of such Member and deny that Member access to ZDT’s while the alleged violation is investigated. Uponconclusion of the investigation and depending upon the findings of such investigation, ZDT’s may either reinstate the suspended membership or immediately revoke such Member’s membership.
During the suspension ZDT’s will continue to collect all amounts due under this agreement, including the monthly payments for the membership that has been suspended.
Revocation of Membership. When a membership is revoked, the affected membership pass is permanently deactivated and the affected member is no longer eligible to receive any of the benefits of membership. ZDT’s may revoke membership under the following circumstances:
(1) If you fail to pay monthly membership payments and other amounts you owe at the time they are due for more than 30 days (i.e., after you miss two monthly payments) your memberships will be revoked.
(2) Membership may be revoked for cause, including but not limited to, if a Member uses a membership for commercial purposes, or engages in activity which ZDT’s, in its sole discretion, deems improper, including without limitation fighting or rowdy behavior at ZDT’s' properties, or ZDT’s determines that you or any Member violated any provision of this agreement, any of the membership terms and conditions, or any other rules, regulations, or policies of ZDT’s or ZDT’s’ properties.
If membership is revoked, you will be billed for any amounts that are due plus any costs (including reasonable attorney’s fees) incurred by ZDT’s in attempting to collect amounts due or otherwise enforcing this agreement. If membership is revoked during the Minimum Term, you will pay a Termination Fee for each revoked membership as described above. ZDT’s may charge your Card for any Termination Fee or other amount you owe.
DISPUTE RESOLUTION BY BINDING ARBITRATION: EXCEPT AS EXPRESSLY NOTED BELOW, ANY DISPUTE BETWEEN YOU OR ANY OTHER MEMBER AND ZDT’S ARISING UNDER, OUT OF, IN CONNECTION WITH, OR IN RELATION TO THIS AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT. The dispute must be arbitrated in accordance with the then current rules and procedures cited below and under the auspices of the American Arbitration Association (“AAA”), except to the extent the rules and procedures are modified by this Agreement. A dispute or claim relating to personal injury or other similar claims arising out of or in connection with an accident or claimed physical injury at ZDT’s are expressly excluded from this arbitration provision and the terms hereof.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to ZDT’s should be addressed to: 1218 N Camp St, Seguin, TX 78155 (the “Notice Address”). If ZDT’s and the affected Members do not reach an agreement to resolve the dispute within 30 days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ZDT’s is entitled.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (the “AAA Rules”), as modified by this Agreement, and will be administered by the AAA. The AAA rules are available on line at www.adr.org.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
YOU (FOR YOURSELF AND EACH OTHER MEMBER) AND ZDT’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless all parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, joint, or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
The arbitration shall take place in the locale of ZDT’s, unless otherwise agreed by the parties.
Except as may be required by law, neither a Member nor an arbitrator may disclose the existence, content, or results of any arbitration under this section without the prior written consent of all parties.
Except as otherwise provided for herein, ZDT’s will be responsible for paying any arbitration filing fees or fees required in order to obtain a hearing (or documentary submission) of the claim under the applicable rules to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state where ZDT’s is located. If, however, the arbitrator finds that either the substance of a Member's claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse ZDT’s for all monies previously disbursed by it that are otherwise the Member's obligation to pay under the AAA Rules.
Except for the enforcement process described below, the decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator is bound by the terms of this agreement. The arbitrator will have no authority or power to: (i) stay the effectiveness of any pending termination of this agreement; (ii) assess punitive or exemplary damages; or (iii) make any award that extends, modifies or suspends any lawful term of this agreement or any reasonable standard of business performance set by ZDT’s. The arbitrator must also follow the applicable law and may not disregard the law based on principles of justice or equity, which are not a specific part of the applicable law.
If a Member is the prevailing party in any arbitration under this agreement, that Member will be entitled to recover the Member's reasonable attorneys’ fees and costs, however if such Member has the right to attorneys’ fees under any other applicable law, the Member is not entitled to duplicative awards of attorneys’ fees or costs.
A judgment may be entered upon the arbitration award and enforced in accordance with the Federal Arbitration Act and applicable rules of arbitration.
You (for yourself and each other Member) and ZDT’s irrevocably waive any right to a jury trial.
Miscellaneous: You further agree that: (1) By providing information ZDT’s requests, you agree that ZDT’s may contact you via mail, phone or email to let you know about your account, offers and events; and you further agree that any debt collection agency or attorney hired by ZDT’s may contact you by the same means in an effort to recover any unpaid portion of your obligation incurred hereunder; (2) ZDT’s may transfer this agreement at any time, but you may not sell your membership or transfer this agreement; (3) ZDT’s may delay or waive enforcement of any of the provisions of this agreement, including your promise to make timely payments, without losing its right to enforce the same or any other provision later; (4) you waive the right to receive notice of any waiver or delay or presentment, demand, protest or dishonor; (5) this agreement contains all of the agreements between the parties with respect to the subject matter of this agreement and may not be assigned by you; (6) should any term herein be deemed invalid or unenforceable, the remaining terms shall remain in full force and effect; and (7) you will send any legal notice or other notice or information that you are required by law to provide or deliver to ZDT’s by first-class mail, or by recognized commercial overnight courier, to the following address: 1218 N Camp St, Seguin, TX 78155.
Electronic Purchase Consent: If you use the ZDT's website to purchase and pay for your membership, you consent to enter into the membership agreement (which includes your Debit Card Authorization, if you elect to pay with a debit card) electronically, and to receive copies of them and all confirmation, notices, and receipts provided to you under this agreement (collectively, "Documents") electronically. By providing your consent, you confirm that you agree to enter into the transaction electronically and to receive the Documents electronically. If you do not provide your consent, you will not be able to sign up for monthly memberships. Your consent applies to this agreement, any authorization you give to ZDT’s to charge a debit card, notices of varying debit card transaction amounts, and all other Documents, and does not apply to any other transactions that are not related to monthly memberships. You must provide ZDT’s with an e-mail address to use to send Documents to you, and you can change or update your email address at zdtamusement.com/member. You can withdraw your consent by sending ZDT’s a written statement that you no longer consent to electronic transactions, which must be sent to the following address by first-class mail or recognized commercial overnight courier: 1218 N Camp St, Seguin, TX 78155. Your withdrawal will not affect the validity of this agreement or your receipt of the Documents. You may ask ZDT’s for a free paper copy of any Document by submitting a written request to the same address.
To access and retain Documents and to sign this agreement electronically, you must (1) have access to an Internet service account; (2) use a browser that supports the HTML5 standard, such as Internet Explorer, Chrome, Opera, or Safari; (3) be able to receive e-mail at the e-mail address you provide to ZDT’s; and (4) have access to a computer and operating system that can support these functions and software, and that (i) permits you to save files on a storage device for later reference, or (ii) is connected to a printer that will print out information displayed on your Internet browser. You will need at least 1.0 MB of storage space available.
NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT (2) YOU ARE ENTITLED TO AN EXACT COPY OF THIS AGREEMENT.
Summary of Important Membership and Cancellation Terms:
Your membership continues until cancelled. The Minimum Term of membership is 12 months. You may not cancel during the Minimum Term.
Each month ZDT’s will charge your Card for monthly membership payments for the membership type you have selected and related taxes and governmental charges. Taxes and government charges may change at any time.
You may cancel after the Minimum Term by giving notice at zdtamusement.com/member. After cancelling, your membership will remain active until the end of the period that has already been paid for, and will deactivate on the date that the next payment was scheduled to take place.
By checking "Accept our Terms and Conditions" at checkout, you acknowledge that you are at least 18 years old and a resident of the United States. You acknowledge and agree that you have received, read, understand and agree to be bound by all the terms and conditions set forth in the membership agreement, and that all such terms were disclosed to you prior to signing.