Membership Agreement

Thank you for your interest in Moms Gone Wild Inc. (“Moms Gone Wild”). Moms Gone Wild hosts cultural, physical, social, and wellness events (the “Events”). By becoming a member, you will be able to access, pay for, and participate in Moms Gone Wild events, tools, resources, online communities and the associated website www.momsgonewild.ca (the “Website”, and collectively with the Events, the “Service”) subject to the following terms:

 

  1. Acceptance of Terms

1.1.  By using the Service, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of this Agreement. If you do not agree to any terms in this Agreement, then you cannot use our Service. This Agreement may be modified by us from time to time, such modifications to be effective upon posting. We shall notify you of changes to the Agreement through notices on the Service or by email, or both. To withdraw your consent, you must cease using the Service and terminate your Membership.

1.2. If you breach any provision of this Agreement, your right to access and use the Service shall cease immediately.

 

  1. Account

2.1. Prior to using the Service, you will be required to register for a user account (an “Account”). It is your responsibility to ensure that all information, content, material, or data you provide in your Account is at all times correct, complete, accurate, and not misleading. We accept no responsibility for any loss or damage to you arising from Account information that is not correct, complete, and accurate, or is misleading.

2.2. During the Account registration process, you will select login credentials. Login credentials may only be used by you or authorized users to whom the login credentials are assigned. Login credentials may not be shared with unauthorized individuals. It is your responsibility to keep all of your Account information confidential, including but not limited to your login credentials. You are solely responsible for all activities undertaken through your Account. You must notify us immediately of any unauthorized or suspected unauthorized use of your Account. We accept no responsibility for loss or damage resulting from failure to keep your information confidential or from failing to notify us of unauthorized use of your Account.

2.3. We may, in our sole discretion, terminate your Account and your access to the Service at any time if you are in breach of the Agreement.

 

  1. Membership, Services and Privileges

 3.1.  You are admitted as a Member for the term selected for purchase (the “Term”) and your membership shall renew automatically for successive terms unless you give notice to Moms Gone Wild that you intend not to renew the agreement within 30 days prior to the expiration of the current Term.

3.2.  During the Term, you shall be entitled to access the Events as well as various Membership privileges (the “Privileges”), including Moms Gone Wild’s member-exclusive physical and virtual gathering spaces on platforms including but not necessarily limited to Facebook and this Website (collectively, the “Membership”).

3.3.  You understand that participating in the Events or Privileges may come at additional costs or require further documentation.

3.4.  The Member acknowledges and agrees that it is the Member’s responsibility to register for, pay, and attend the Events or otherwise redeem any Privileges during the Term, as required. The Company will not automatically provide any Services or Privileges without any required Member’s request, payment, additional documentation, or consent.

 

  1. Fees
4.1. You shall pay the Company the membership fee (the “Membership Fee”) as follows:
a. If today’s date is
  • between October 24, 2022 and November 1, 2022, inclusive, the Member shall pay $199 for a 12 month membership (the “Founding Member Rate”).
  • after November 1, 2022, the Member shall pay $249 for a 12 month membership (the “Annual Rate”) or $79 for a 3 month membership (“Quarterly Rate”)\(each, the “Membership Fee”).
4.2. You shall pay your Membership Fee today according to the schedule selected for purchase and if you chose to pay by monthly instalments, the Membership Fees shall be adjusted such that you pay:
  • $17 per month for the Founding Member Rate;
  • $21 per month for the Annual Rate;
  • $27 per month for the Quarterly Rate

and  you will continue to pay this amount on the same date each subsequent month for the duration of the term selected for purchase.

4.3.  All applicable taxes shall apply to the Membership Fee.

4.4.  You shall make all monthly instalment payments on the same calendar date of each consecutive month for the selected payment term.

4.5.  If you are more than 7 days’ late paying the Membership Fee on any applicable date which payment is owed (a “Missed Payment”), Moms Gone Wild may cancel or suspend your Membership at their sole discretion and without notice.

4.6.  You shall make all Membership Fee payments by preauthorized debit or credit via the Website or in the form otherwise agreed to by Moms Gone Wild.

 

  1. Member’s Representations, Warranties and Responsibilities
5.1.  You acknowledge and agree that you are aware of and represent that:
  • (a) you shall attend all events voluntarily and shall carefully review Events to reasonably assess your attendance based on applicable limitations or preferences;
  • (b) Membership does not entitle you to attendance at every Event or to every Privilege; and
  • (c) you may be required to execute additional agreements including, but not limited, waivers in order to participate in Events or Privileges.
5.2. You acknowledge and agree that the Company may indefinitely capture and store your voice and likeness via photo or video for public marketing, promotion, and other business purposes.

 

  1. Termination
6.1. Moms Gone Wild may terminate this Agreement or suspend your Membership immediately without prior written notice to you if:
  • (i) you have Missed Payment of your Membership Fees; or
  • (ii) you breach any of the terms of this Membership Agreement.
6.2.  If:
  • (a) you have not breached any of the terms of this Agreement; and
  • (b) you are in good standing with all payments owed hereunder

 you may request, with 7 days’ notice, Moms Gone Wild for an early termination which Moms Gone Wild may grant at its sole discretion within the notice period and, if granted, Moms Gone Wild shall provide a refund of your Membership Fees prorated to the date 7 days after your notice is given to the Company.

 

  1. Liability and Indemnity
7.1.  You agree to and shall indemnify and hold harmless Moms Gone Wild from all liability and all losses as a result of or arising out of: (a) your failure to fulfill any condition of this Agreement; (b) your gross negligence or intentional misconduct which result in any damage or injury happening in or about any Event or such Event’s location that is not covered by an insurance policy in effect at such time; (c) the Event’s failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien or other encumbrance filed against Moms Gone Wild as a result of the your actions.

 

  1. Force Majeure
8.1.  Notwithstanding any provision of this Agreement, the failure or delay of the performance of Moms Gone Wild’s obligations under this Agreement by reason of circumstances beyond Moms Gone Wild’s control, including but not limited to acts of God, acts of civil or military authority, war, labour disputes, natural disasters, healthcare emergencies including global epidemics or pandemics, shortage of resources, acts or orders of government, technological failure including electrical failure, mail delivery delays or lost packages, or any other circumstance beyond the reasonable control of Moms Gone Wild ("Force Majeure") will be deemed not to be a breach of this Agreement so long as Moms Gone Wild has not contributed to the Force Majeure, has used reasonable efforts to avoid the Force Majeure, and continues to take reasonable efforts to comply as fully as possible with the terms of this Agreement.

 

  1. General

9.1.  All Schedules hereto shall form part of this Agreement and may be amended from time to time with the mutual consent of you and Moms Gone Wild.

9.2.  The singular of any term includes the plural, and vice versa as the context requires. The use of any term referable to a particular gender is equally applicable to any gender as the context requires and, where applicable, a body corporate. 

9.3.  You are not permitted to assign or otherwise transfer any of its rights or interests under this Agreement.

9.4.  The waiver by Moms Gone Wild of a breach, default, delay or omission of any of the provisions of this Agreement by the Member shall not be construed as a waiver of any subsequent breach of the same or other provisions.

9.5.  Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, mail or email to the parties addresses as noted above or as the parties may advise in writing.

9.6.  This Agreement shall be interpreted and governed by the laws of the Province of British Columbia. The parties hereby attorn to the jurisdiction of the courts of the Province of British Columbia with respect to all matters arising out of this Agreement.

9.7.  This Agreement constitutes the entire agreement between the parties, and no alteration, amendment, change or addition to this Agreement will bind the parties unless in writing and signed by the parties hereto.

9.8.  This Agreement may be signed in as many counterparts as may be necessary, and may be signed by facsimile or other electronic communication producing a printed copy, each of which so signed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument and notwithstanding the date of execution shall eb deemed to bear the date set forth above.

 

  1. Contact 
10.1.  If you have any questions or concerns about these Terms, you may contact us at cheryl@momsgonewild.ca.