This agreement between you and Six Flags sets out the terms of monthly membership to the Six Flags theme park indicated above (the "Membership Park") and set forth on your emailed confirmation receipt. 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 pass. 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 as described in more detail below.
Membership Benefits: Each Member will receive all of the standard benefits of membership at the Membership Park in effect at any given time including, without limitation, unlimited admissions to the Membership Park whenever it is open to the public, Flash Your Pass discounts, Bring A Friend free tickets and discounts, and various other benefits as described on the Membership Park's sales webpage. Some membership benefits may be available on a first come, first serve basis with limited supplies and capacity. 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 Six Flags (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 security deposit (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 Six Flags 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, Deactivation Fees, and other amounts you are required to pay under this agreement. Six Flags 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 Six Flags payment portal (sixflags.com/payments).
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 Six Flags is unable to obtain payment the first time Six Flags attempts to charge your Card, Six Flags 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 Six Flags 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 THE MEMBERSHIP PARK 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 Six Flags payment portal (sixflags.com/payments). 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. (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 Six Flags may change your monthly membership payments any time after the expiration of the Minimum Term. Six Flags will give you notice of any change in your monthly membership payments before the new payment amount goes into effect, by sending a notice to the e-mail address you provide. (At Six Flags’ option, Six Flags also may mail a notice to you.) If you do not wish to continue your membership at the new payment amount, you must cancel your membership as described in the Cancellation Procedure below. When the new payment amount goes into effect, Six Flags will charge your Card for the new monthly membership payments of all Members, unless you cancel according to the terms of this agreement. You acknowledge that your monthly membership payments may be different from others’ monthly membership payments because of discounts or promotions offered to others for which you may not be eligible or which are not available at the time you sign up.
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. If you want to cancel, you must give notice of cancellation at least 15 days prior to the date of the last membership payment you will make. (For example, if your membership payments are due on the 15th day of each month, and want your last membership payment to be made on April 15, you must cancel your membership no later than March 31.) Cancellation notices may not be submitted more than 60 days prior to the end of the Minimum Term. To give your cancellation notice, go to sixflags.com/membership. Memberships may not be cancelled by telephone, mail, email, by fax or in-person at the Membership Park. 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.
Suspension of Membership. Six Flags may suspend membership under these circumstances:
(1) If Six Flags 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’ Six Flags membership passes will be deactivated and the Members will no longer have access to the Membership Park or any other Six Flags park. 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 (including the Deactivation Fees) 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 Six Flags or Six Flags’ properties, Six Flags may suspend the membership of such Member and deny that Member access to the Membership Park or any other Six Flags park while the alleged violation is investigated. Upon conclusion of the investigation and depending upon the findings of such investigation, Six Flags may either reinstate the suspended membership or immediately revoke such Member’s membership.
You agree to pay a Deactivation Fee of $10.00 for each Member’s membership that is suspended, to defray the administrative costs incurred by Six Flags in connection with the suspension of membership and deactivation of membership passes. During the suspension Six Flags will continue to collect all amounts due under this agreement, including the monthly payments for the membership that has been suspended. If any membership is suspended, you will not be entitled to a refund of your security deposit (if any) for the specific memberships that are suspended even if the membership is reinstated at a later time.
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. Six Flags 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 Six Flags, in its sole discretion, deems improper, including without limitation fighting or rowdy behavior at Six Flags' properties, or Six Flags 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 Six Flags or Six Flags’ 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 Six Flags 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. Six Flags may charge your Card for any Termination Fee or other amount you owe. If any membership is revoked, you will not be entitled to a refund of your security deposit (if any) for the specific memberships that are revoked.
Security Deposits: If you signed up for a membership program that required you to provide a security deposit you agree to all of the following: (1) You will receive a full refund of your security deposit after the memberships of all Members are cancelled provided that: (a) all memberships are cancelled according to the Cancellation Procedure described in this agreement; (b) you have paid all amounts you owe under this agreement; (c) the memberships of all Members have been in effect throughout the Minimum Term; (d) no Member’s pass has been revoked or suspended at the time the memberships are cancelled; and (e) you have not previously or otherwise forfeited your security deposit in a manner described in this agreement; (2) Your security deposit refund will be credited to your Card; (3) Six Flags will not pay interest on your security deposit and will not hold your security deposit separate from other Six Flags funds; and (4) You may not apply your security deposit towards outstanding or future membership fees or collection costs.
DISPUTE RESOLUTION BY BINDING ARBITRATION: EXCEPT AS EXPRESSLY NOTED BELOW, ANY DISPUTE BETWEEN YOU OR ANY OTHER MEMBER AND SIX FLAGS 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 any Park 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 Six Flags should be addressed to: General Counsel, Six Flags Entertainment Corporation, 230 Park Avenue, 16th Floor, New York, NY 10169 (the “Notice Address”). If Six Flags 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 Six Flags 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 SIX FLAGS 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 the Membership Park to which your membership relates, 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, Six Flags 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 the Membership Park 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 Six Flags 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 Six Flags. 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 Six Flags irrevocably waive any right to a jury trial.
Miscellaneous: You further agree that: (1) By providing information Six Flags requests, you agree that Six Flags 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 Six Flags may contact you by the same means in an effort to recover any unpaid portion of your obligation incurred hereunder; (2) Six Flags may transfer this agreement at any time, but you may not sell your membership or transfer this agreement; (3) Six Flags 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 Six Flags by first-class mail, or by recognized commercial overnight courier, to the following address: Membership Support, 924 Avenue J East, Grand Prairie, TX 75050.
Blackout Dates, Address Changes and Replacements: Depending on the type of membership you purchase, Member's passes may be subject to admission “blackout dates” during which the membership pass is not valid for admission. Reasonable efforts will be used to post these blackout dates on the Membership Park’s website at least five months in advance or they will be stated with the membership description. All membership pass replacements must be done through the Guest Services window at the Membership Park. Address changes can be made either at the Guest Services window or via Six Flags' website as applicable. Any address or other contact information changes will not affect the validity of this agreement or this agreement's applicability to your membership.
Electronic Purchase Consent: If you use Six Flags' 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 Six Flags 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 Six Flags with an e-mail address to use to send Documents to you, and you can change or update your email address at sixflags.com/membership. You can withdraw your consent by sending Six Flags 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: Membership Support, 924 Avenue J East, Grand Prairie, TX 75050. Your withdrawal will not affect the validity of this agreement or your receipt of the Documents. You may ask Six Flags 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) be able to view the Documents on your computer; (3) use a browser that supports the HTML 4.0 standard, such as Internet Explorer, Safari, or Mozilla; (4) use Adobe Acrobat version 4.0 and above; (5) be able to receive e-mail at the e-mail address you provide to Six Flags; and (6) 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 OR IF IT CONTAINS ANY BLANK SPACES TO BE FILLED IN. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN 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 Six Flags will charge your Card for monthly membership payments for the membership type you have selected and related taxes and governmental charges. Monthly membership payments may change after the Minimum Term. Six Flags will give you notice, and you will have the opportunity to cancel, before a membership payment change goes into effect. Taxes and government charges may change at any time.
- You may cancel after the Minimum Term by giving notice at sixflags.com/membership. You must give notice at least 15 days before the due date of the last membership payment you will make, and your membership will continue for approximately 30 days after you make that payment.
By signing or by clicking "Digitally Sign and Agree" below, 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 this agreement, and that all such terms were disclosed to you prior to signing.
I ACCEPT THE TERMS OF THIS AGREEMENT.
Electronically Signed and Agreed