MEMBERSHIP SERVICE AGREEMENT
Terms of Service. By entering into this agreement and activating your account with Pursuit Concierge & Lifestyle Management, LLC, you agree to the below terms.
Services. Pursuit Concierge provides the following services: perform errands, make travel arrangements, conduct unspecialized research, and coordinate third-party services, (collectively, the “Services”). In addition to the Services, you may request any additional service and Pursuit Concierge, in its sole discretion, may agree to perform that service as part of your membership.
Chips. Services are billed in increments known as “chips,” at rates that vary with the complexity and duration of a task. Please contact Pursuit Concierge for current rates. chips are not redeemable for cash or transferable.
Chip Tracking. The time tracking begins when Pursuit Concierge begins working on a request and terminates when the request has been fulfilled. The chip fee for a task will be added to your account generally as described here: http://pursuitofseattle.com/services/. The minimum fee for any service is one chip. By way of example: If Pursuit Concierge offers to book an appointment at your direction at a rate of 1 chip, then any appointments made on your behalf will be “billed” at a rate of 1 chip – regardless of time. Any service for which there has not been a chip allocation set will be billed at 1 chip per 15 minutes. You may review your chips balance at any time on your Member Dashboard.
Subscription Pricing and Payments. The Services are provided in the form of a monthly subscription, (the “Subscription Membership”), which begins the day you sign up and automatically renews the first day of each subsequent month. You will be billed on the first of each month, without advance notice, and you will provide a valid credit card to be kept on file for those charges. Subscription Membership pricing is currently $40 per month. chips from the prior month are billed on the 1st of the following month.
Change in Pricing. Pricing may change at any time. You will be notified in writing in advance of any change.
Third-Party Vendors. Listed rates are for the Services and do not include charges for third-party vendors or merchandise, which will be paid directly by you. All recommendations and expenses of third-party service providers are at your own risk and responsibility, and Pursuit Concierge is not responsible for any dissatisfaction from any service. Any complaints, refunds, etc. should be directed to the specific service provider and not to Pursuit Concierge.
Membership Cancellation. You may cancel in writing at any time, at least three days prior to the next billing cycle to avoid being charged for the following month or chip renewal. If you cancel, you may not be guaranteed an opportunity to rejoin Pursuit Concierge’s membership services.
Refunds and Responsibility. There will be no refunds for Memberships properly billed under this agreement unless there was a billing error. Third-party vendor fees or merchandise purchased upon your request cannot be refunded. When you ask Pursuit Concierge representatives to make purchases on your behalf, you agree that under no circumstances will it, 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 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, hand-delivery, tickets arriving late, goods damaged in the mail, or other consequential damages, even in the event of gross negligence by Pursuit Concierge. Pursuit Concierge is not liable for any breach of data so long as it maintained industry-standard policies in regards to protecting sensitive information.
Authorization for Expenses. Pursuit Concierge will not purchase any item on your behalf from a third party unless first authorized to do so. Any request for a purchase that exceeds $200.00 must be in writing. 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.
Operating Hours. Pursuit Concierge’s hours are 8:00 A.M. to 6:00 P.M. Pacific Time Monday through Friday, and by appointment on Saturday. Services requested outside of normal business hours will be responded to and fulfilled based on availability and at the sole discretion of Pursuit Concierge.
Service Request Cancellations. If you request services 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 be billed for work already conducted, but Pursuit Concierge will exercise its best efforts mitigate any third-party charges where possible.
Limitations on Services. You agree that there are inherent limitations to the Services. Pursuit Concierge will not make illegal purchases on your behalf or represent you in any unlawful or illegal way or facilitate activities that appear unsafe. For purchases made on your behalf, Pursuit Concierge is not a personal driving or transportation service company. While it may arrange for transportation services on your behalf (through a recognized carrier such as a licensed town-car service or taxi company), Pursuit Concierge 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, in its sole discretion, beyond the scope of normal personal assistant duties.
Indemnification. 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 pursuant to your Membership unless the damage results from Pursuit Concierge’s gross negligence and/or recklessness.
Access to Property. 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, except where the damage results from Pursuit Concierge’s gross negligence or recklessness.
Privacy / Confidentiality. Pursuit Concierge is committed to honoring your privacy. All personal and credit card information obtained by Pursuit Concierge is gathered for the purpose of providing 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 or as otherwise disclosed in this agreement. Pursuit Concierge will take commercially reasonable precautions 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.
Limitation of Liability. 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. 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 the Services. The total cumulative liability to the other party in the aggregate for damages arising from any breach of this agreement or for any other claims under this agreement will not exceed an amount equal to the funds derived by Pursuit Seattle attributable to this agreement in the preceding three months.
Refusal of Service. Pursuit Concierge retains the right to refuse any business or requests it feels are unsafe or unsuitable for its employees.
Modification of This Agreement. Pursuit Concierge reserves the right to change, modify, add, or remove portions of this agreement or its terms at any time. Changes to this agreement may be periodically made and included in a new “Membership Agreement,” which will be posted as a replacement on the Pursuit Concierge website. Your continued use of Pursuit Concierge services following the posting of any changes will mean that you are deemed to have accepted the changes.
Dispute Resolution. Any dispute arising out of this agreement is to be resolved via binding arbitration in King County, Washington, 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.
Notice. All notices to a party must be in writing and made either via e-mail or U.S. mail. Notice is 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:
Pursuit Concierge & Lifestyle Management, LLC
999 N Northlake Way
Seattle, WA 98103