EZ PAY TERMS AND CONDITIONS
By accepting these terms and conditions, I agree to pay the down payment (including any applicable taxes and fees), and thereafter to pay the remaining number of payments, which will be billed monthly to my credit or debit card. I UNDERSTAND THAT I AM NOT PERMITTED TO CANCEL MY EZ PAY PLAN UNTIL ALL MONTHLY PAYMENTS FOR THE INITIAL TERM HAVE BEEN MADE. IF I FAIL TO PAY ANY MONTHLY PAYMENT, THE ENTIRE REMAINING BALANCE WILL BE DUE AND PAYABLE IMMEDIATELY AND MY MEMBERSHIP MAY BE CANCELLED. If I fail to make payments for a period of 10 days or more, at the sole discretion of Apex Parks Group (Apex), I will be charged the costs of collecting my outstanding debt, including reasonable attorneys’ fees and court costs. If I fail to make payments for a period of 10 days or more, at the sole discretion of Apex, I may be assessed a late fee of up to 5% of each late installment (California residents: 5% late fee is not applicable. California residents may be assessed a late fee of up to $10 if they are at least 10 days late or up to $15 if they are at least 15 days late and may also be subject to the actual and reasonable costs of collection if they fail to notify Apex of any change of address or to communicate with Apex 45 days after failure to make a payment). If my account is frozen I will be charged a $10 reactivation fee and the monthly billing will continue as per the original agreement. I hereby authorize Apex to charge my credit card (or any other credit card which I supply Apex) for future payments. Payments will be made in accordance with my Credit Card Issuer Agreement. I understand that I am not permitted to contract for additional EZ Pay plans if any balance under this contract is past due, and that any payments made by me to Apex may be used by Apex as a set-off to settle past due balances under this contract before applying the payments to other sales transactions. In addition, regardless of the number of times a membership is used, there are no refunds of amounts paid on my EZ Pay plan. I am at least 18 years of age, and I consent to the use of my personal identification information for my EZ Pay plan. Any and all disputes, claims, and causes of action arising out of or connected with this contract or the use of any park SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, and solely and exclusively in a federal or state court located in the state in which the park is located and you hereby submit to the sole and exclusive personal jurisdiction of said courts and irrevocably waive any and all rights to object to such jurisdiction; provided, however, that for multi-state memberships, this contract is made in the state of Florida and shall be governed exclusively by the substantive laws of the state of Florida without giving effect to any conflict-of-laws rules requiring the application of the substantive law of any other jurisdiction. If any provision of this Agreement is deemed to be invalid or unenforceable by any court of competent jurisdiction, then the balance of this Agreement shall remain enforceable, and such invalid or unenforceable provision shall be enforced by such court to the maximum possible extent. I understand and agree that any electronic signature shall have the same force and effect as a written signature. APEX’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE AMOUNTS PAID BY THE EZ PAY MEMBER AND THE PARTIES HEREBY WAIVE ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EZ PAY MEMBERSHIP IS NON-TRANSFERABLE, NON-REFUNDABLE, AND MAY BE REVOKED FOR MISUSE. NOTICE TO BUYER -- DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. I ACCEPT THE TERMS OF THIS CONTRACT. I ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT.