MEMBERSHIP SERVICE AGREEMENT
PURSUIT CONCIERGE & LIFESTYLE MANAGEMENT, LLC
1. Terms of Service. By entering into this Membership Service Agreement (the “ Membership Agreement ”) and activating your membership account and using the services of Pursuit Concierge & Lifestyle Management, LLC (“ Pursuit Concierge ”), you hereby agree to the terms and conditions of this Membership Agreement. Pursuit Concierge reserves the right to change, modify, add or remove portions of this Membership Agreement or the terms or conditions contained herein at any time. Changes to this Membership Agreement will be periodically made and included in a new "Membership Agreement" which will be posted in replacement of the old "Membership Agreement" on the Pursuit Concierge website. Your continued use of Pursuit Concierge following the posting of any changes will mean that you have accepted the changes.
Pursuit Concierge provides services in the form of an automatic monthly membership subscription, with several tiers of membership offered (the “ Membership ”). Upon entering into this Membership Agreement, you will be billed 1 day prior to the beginning of each month during the term of your Pursuit Concierge Membership. Your Membership will renew automatically on a monthly basis until such time that you cancel your Membership . Please note that your Membership will begin from the date you signed up and automatically renew the last day of each month thereafter. Your first month time allocation and cost shall be pro-rated based on the day that you entered into this Membership Agreement.
Pursuit Concierge Membership pricing is currently as follows:
Tier 1 – 16 chips for $179.00 per month;
Tier 2 – 32 chips for $339.00 per month;
Tier 3 – 48 chips for $489.00 per month;
Pursuit Concierge assistance and services (the “Monthly Assistance”) provided subject to your monthly Membership, or under any Tier purchased shall be billed in 15-minute increments as “chips”. During the term of your Membership, please make sure that you provide Pursuit Concierge with a valid credit card (including the necessary billing information) that will be used for all charges related to your Pursuit Concierge Membership. Any unused chips in a given month of your Membership DO NOT ROLL OVER to the next month. If you utilize or request additional chips over your monthly Membership subscription, you will be charged for those additional chips on the next billing cycle at a rate of $12.00 per chip.
In addition to the Memberships set forth above in Section 3, Pursuit Concierge also offers “Blocks” of assistance and services that will be billed on an “as requested” basis. The charge for Pursuit Concierge blocks of time are as follows:
Block 1 - 20 Chips - $240.00
Block 2 - 40 Chips - $420.00
Pursuit Concierge blocks shall be one-time payments for the number of chips requested and shall not automatically renew. Any Block purchased will be good for a period of 1 year, at which time any unused chips in your block will expire.
Membership pricing may change at any time. However, you will be notified in writing in advance should an increase or decrease be implemented. All monthly membership packages and Blocks must be paid for in advance by credit card that Pursuit Concierge will keep on file for automatic billing each month. We accept Visa, MasterCard and American Express. Any rates listed by Pursuit Concierge are for services rendered directly by Pursuit Concierge and do not include charges for third party vendors, service providers, or merchandise purchased upon request.
You may cancel your Pursuit Concierge Membership at any time. Cancellations must be requested in writing 10 days prior to the next billing cycle to avoid being charged for the following month. Pursuit Concierge Memberships are awarded on an availability basis. If you choose to cancel your monthly Membership, you may not be guaranteed an opportunity to rejoin Pursuit Concierge’s membership services. Ability to rejoin will be based upon availability.
Your Membership will automatically renew each month and you will be automatically billed using the credit card information you provide at the time you signed up for your Membership. You will not be notified of the renewal prior to being billed. Therefore, by entering into this Membership Agreement you consent and allow Pursuit Concierge to charge your credit card each month without contacting you in any way, unless and until you notify Pursuit Concierge that you wish to cancel your Membership.
There will be no refunds for Memberships or Blocks properly billed under this Membership Agreement. Money will be refunded only if there was an error committed by Pursuit Concierge in billing. There will also be no refunds for charges related to third party vendors, service providers, or merchandise purchased upon request and on your behalf. When you ask Pursuit Concierge representatives to make purchases on your behalf, you acknowledge and agree that under no circumstances will Pursuit Concierge, or any of its employees, representatives, agents, or assigns, be held liable, in any manner, for the product or service being purchased on your behalf. Please review on your own, all refund policies with the service providers you intend for Pursuit Concierge to retain on your behalf, and the exchange policies for all purchases made on your behalf, PRIOR to asking Pursuit Concierge to make any purchases of any kind on your behalf. Pursuit Concierge will not be held accountable, liable or responsible in any way for any purchases on your behalf that are lost during shipping, tickets arriving late, goods damaged in the mail, etc.
During your Membership, Pursuit Concierge may purchase items or retain services through third party vendors, if requested to do so. To facilitate these transactions, your Membership with Pursuit Concierge will include an Akimbo Prepaid Visa Card account (the “Akimbo Card” https://akimbocard.com/ ). Upon signing up for your Pursuit Concierge Membership, you will additionally register for an Akimbo Card and place $500 on your Akimbo Card for use on purchases and other transactions related to your Membership. Additionally, you will name Pursuit Concierge as an “authorized party” on the Akimbo Card account, enabling Pursuit Concierge to initiate purchases, on your behalf, using your Akimbo Card. During your Membership, you shall be responsible for maintaining a balance of $200. If requested, Pursuit Concierge can assist with initiating ACH transactions to maintain the required balance on your Akimbo Card. If you cancel your Pursuit Concierge Membership, for any reason, Pursuit Concierge will be removed as an authorized party on your Akimbo Card account, and no further charges will be made on the account by Pursuit Concierge. Pursuit Concierge shall not be liable for any purchases made on your behalf with your Akimbo Card, but you will be entitled to a refund of any unauthorized purchases made by Pursuit Concierge against your Akimbo Card during your Membership. If you fail to maintain the requested balance on your Akimbo Card, it may impact Pursuit Concierge’s ability to provide assistance and services to you under your Membership or any Block that you have purchased.
Pursuit Concierge shall not purchase any item on your behalf from a third party unless first authorized to do so. Any request for purchases over $200.00 must be by email, text message, or other written authorization. Pursuit Concierge does not warrant or stand behind any purchases made on your behalf at your request. Pursuit Concierge is merely acting to facilitate the purchase and all disputes with charges need to be addressed to your Credit Card Company or to the merchant. All invoices, shipping information, etc. received on your behalf by Pursuit Concierge will be sent directly to your email address for your own records.
Pursuit Concierge’s hours are 8:00 A.M. to 6:00 P.M. Monday through Saturday. Services requested outside of normal business hours will be responded to and fulfilled based on availability and at the discretion of Pursuit Concierge.
The time tracking for Membership Services, Blocks and Monthly Assistance begins at the time that Pursuit Concierge staff begins working on a request and terminates at the time that the request has been fulfilled. Pursuit Concierge staff will track time through use of Chips, which each signify a 15 minute block of time. The minimum time allocation for any assistance or services provided by Pursuit Concierge shall be 1 Chip. Additional Chips shall be utilized for tasks exceeding 15 minutes in time. Pursuit Concierge may, at its discretion, set certain Chip allocations to provide certain tasks. For example: If Pursuit Concierge offers phone calls at a rate of 1 Chip – then under your Membership or Block, any phone calls made by Pursuit Concierge on your behalf shall be “billed” at a rate of 1 Chip – regardless of time. For any assistance or service for which there has not been a Chip allocation set to establish the rate for that task – Pursuit Concierge shall bill at a rate of 1 Chip per 15 minutes of time it takes to complete that task.
If you request services through your Membership and then cancel that request without at least 48 hours prior notice, it may result in the full time (or Chip allocation) for that service being charged. Pursuit Concierge will use best efforts to fill any time that comes open as a result of a cancellation on less than 48 hours notice. If you provide at least 48 hours notice of cancellation, you will not be charged.
Through your Membership, Pursuit Concierge shall provide the following services perform errands, make travel arrangements, conduct unspecialized research, and coordinate third party services, (collective the “Services”). In addition to the Services set forth in this Section, you may request any additional service and Pursuit Concierge, in its sole discretion, may agree to perform that service as part of your monthly Membership.
By agreeing to the terms of this Membership Agreement, you acknowledge and agree that there are inherent limitations to the services Pursuit Concierge is able to provide through your Membership or any Block purchased. Pursuit Concierge will not make illegal purchases on your behalf or represent you in any unlawful or illegal way. For purchases made on your behalf, Pursuit Concierge nor its employees will be held accountable or liable for returns, refunds, or guarantees on behalf of the products or services being purchased. Pursuit Concierge will also not lie on your behalf for any reason or be involved or responsible for any of your personal, business, financial or other actions. Pursuit Concierge is also not a personal driving or transportation service company. While Pursuit Concierge may arrange for transportation services on your behalf (through a recognized carrier such as a licensed town-car service or taxi company), we will not provide for the direct transportation of children or other individuals. Pursuit Concierge will also not transport pets unless special arrangements have been made in advance (at the sole discretion of Pursuit Concierge). Pursuit Concierge reserves the right to refuse to perform any task or service that it views beyond the scope of normal personal assistant duties.
Pursuit Concierge Membership services may include the sourcing and hiring of other third-party service workers (e.g. housecleaners / landscapers, etc.). In requesting such services from Pursuit Concierge, you agree to grant Pursuit Concierge a limited power of attorney to enter into third-party service contracts on your behalf. Pursuit Concierge shall not enter into any such agreements on your behalf unless and until first authorized to do so by email, text, or other written authorization. Pursuit Concierge makes a limited warranty that any third-party services that are hired will be licensed and bonded as required by Washington State law. Otherwise, all recommendations of third-party service providers are at your own risk and Pursuit Concierge shall not be held responsible for any dissatisfaction from any service. Any complaints, refunds, etc. should be directed to the specific service provider and not to Pursuit Concierge.
In entering into this Membership Agreement, you agree to indemnify and hold harmless Pursuit Concierge and its employees, designees, agents, and assigns for any and all claims or damages that arise in Pursuit Concierge’s performance of any service pursuit to your Membership. Provided, however, that this indemnification shall not apply to any damage incurred as a result of Pursuit Concierge’s gross negligence and/or recklessness.
From time to time in the performance of services under your Membership, Pursuit Concierge may send you text messages to provide information. In agreeing to accept text messages you agree to be responsible for any charges related to those text messages that you may incur.
. Pursuit Concierge does not offer any warranty or representation with regard to any travel arrangements offered as part of your Membership (such as air travel, hotel accommodations, limo services, etc.). Pursuit Concierge will not be responsible in any way and does not represent the quality of any service providers. You are accountable for the final selection of your destination or service provider. Pursuit Concierge will not refund, credit or be held responsible whatsoever for any travel related purchases or expenses.
If any task or service requested by you requires access to a business or residence, arrangements must be made in advance to allow Pursuit Concierge access to the property. If, for any reason, Pursuit Concierge cannot gain access, the full charge or Chip allocation will still be assessed for the time spent attempting to provide the service. As part of any building or property access made available to Pursuit Concierge, you agree to indemnify, defend and hold harmless Pursuit Concierge, its service providers, and each of its employees, from and against all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys' fees and costs) arising from or relating to accessing the business or property. Provided, however, this indemnification will not apply to any damage incurred as a result of Pursuit Concierge’s gross negligence or recklessness.
Pursuit Concierge knows how important privacy is to you and is committed to honoring your privacy. All personal and credit card information obtained by Pursuit Concierge is gathered for the purpose of providing Membership services and billing you for services rendered. At no time, will the collected information be disclosed to a third party, except for the purpose of completing your financial obligation to Pursuit Concierge. Pursuit Concierge will take all the precautions necessary to protect your information, but will not be held responsible or accountable or liable for any reason whatsoever should your information become exposed through no fault of Pursuit Concierge. Further, Pursuit Concierge will maintain the confidentiality of all sensitive information you provide during the course of your Membership. This confidentiality requirement will survive the termination of your Membership.
In no event will Pursuit Concierge, any of its partners, providers, affiliates, including their respective officers, directors, employees or representatives, be liable for any indirect, incidental, compensatory or punitive damages resulting from loss of profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the services offered through your Membership or a Block. You agree to indemnify, defend and hold harmless Pursuit Concierge, its service providers, and each of their subsidiaries, affiliates, officers, directors, shareholders, beneficiaries, members, partners, employees, consultants, attorneys and agents and their respective successors and assigns, if any, from and against all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys' fees and costs) arising from or relating to your use of Pursuit Concierge services.
Recommendations of third party vendors are at your own risk and Pursuit Concierge shall not be held responsible for any dissatisfaction from any service or merchandise. Any complaints, refunds, etc. should be directed to the specific vendor and not to Pursuit Concierge. Pursuit Concierge’s comments and recommendations presented are based on research and opinions, and are subject to change at any time. In addition, all responses will be provided based upon REASONABLE research and efforts on behalf of our staff. We do not recommend utilizing the Membership to obtain services for financial, legal, tax or other sensitive matters.
Finally, Pursuit Concierge will use all reasonable endeavors to monitor the goods and/or services provided by third-party service providers or vendors but cannot accept responsibility for any loss, liability or cost incurred by you as a result of any acts or omissions of service providers or vendors, nor can we guarantee the accuracy of information supplied to you by such service providers or vendors.
Pursuit Concierge holds the right to refuse any business it feels is unsafe and unsuitable for its employees.
Any dispute arising out of this Service Agreement shall be resolved via binding arbitration. The arbitration shall take place in King County, Washington and shall be conducted by Washington Arbitration Mediation Services. The parties to any arbitration shall mutually agree on an arbitrator and if they cannot agree on an arbitrator they will submit the matter to WAMS for selection of the arbitrator. Any award by an arbitrator will be limited as set forth above in Section 22.
All notices to a party shall be in writing and shall be made either via e-mail or U.S. mail. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, or 3 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to Pursuit Concierge at the address set forth below:
Attn.:
Pursuit Concierge & Lifestyle Management, LLC
26. Updates. Pursuit Concierge will from time to time make changes to this Service Agreement as circumstances require. Changes will be effective when they have been posted on the Pursuit Concierge website.
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