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URBAN OUTINGS LLC
TERMS OF USE AGREEMENT FOR THE BOSTON, PHILADELPHIA, AND WASHINGTON, DC BRANCHES; AND FOR THOSE WHO JOINED THE NYC BRANCH BETWEEN 10/1/03 AND 5/31/04

Click here for:
URBAN OUTINGS LLC
TERMS OF USE AGREEMENT FOR THOSE WHO HAVE JOINED THE NYC BRANCH PRIOR TO 10/1/03, OR ON OR AFTER 6/1/04


URBAN OUTINGS LLC
TERMS OF USE AGREEMENT AGREEMENT FOR THE BOSTON, PHILADELPHIA, AND WASHINGTON, DC BRANCHES; AND FOR THOSE WHO JOINED THE NYC BRANCH BETWEEN 10/1/03 AND 5/31/04

Welcome to Urban Outings, a social activities club for gay men, operated by Urban Outings LLC ("Urban Outings"). The Urban Outings Terms of Use Agreement may be found below.

PLEASE NOTE THIS AGREEMENT DISCLOSES THE TERMS OF USE OF URBAN OUTINGS LLC. This statement applies to all aspects of your engagement with Urban Outings LLC. You agree to be bound by these Terms of Use, whether or not you register as a member ("Member") or Activate your membership by purchasing a subscription package ("Member" or "Active Member"): (1) while using any World Wide Web Sites owned and maintained by Urban Outings LLC ("the Website"); (2) while participating in events and trips produced or sponsored by Urban Outings ("Event"); and/or (3) for your purchase and/or use of any products and services offered by Urban Outings and its commonly held affiliates ("the Service"). This Agreement sets out the legally binding terms for your Membership, Active Membership, use of the Websites and participation in Urban Outings Service and may be modified by Urban Outings from time to time, such modifications to be effective upon posting by Urban Outings on the Urban Outings Website. This Agreement includes Urban Outings' Privacy Policy and any other terms and conditions and notices regarding the Website and Service.

If you wish to become a Member and/or Active Member to make use of the Urban Outings Website, Events and Trips and/or Products Services (the "Service"), read this Agreement and indicate your acceptance of it by following the instructions in the Registration and/or Membership Purchase process. If you have comments or questions regarding this Agreement, please e-mail us at customerservice@urbanoutings.com.

I. GENERAL SERVICE & USE

1. ELIGIBILITY. You must be twenty-one or over to register as a Member of Urban Outings, use the Website, attend Urban Outings Events and trips or make use of Urban Outings Services. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. TERM. This Agreement will remain in full force and effect while you use the Website, are a Member of the Service and/or attend an Event. You may terminate your unpaid Membership at any time for any reason by sending an email to URBAN OUTINGS at customerservice@urbanoutings.com, or by a written notice to Urban Outings at 1133 Broadway, Suite 1416, New York, NY 10010. Termination provisions addressing paid Active Membership are detailed in the Membership section of this Agreement.

3. NON-COMMERCIAL USE BY MEMBERS. The Website, the Service and the Events are for the personal use of individual users and Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members of Urban Outings and should not use the Service or Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. PROPRIETARY RIGHTS IN CONTENT ON THE WEBSITE. Urban Outings owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Urban Outings, LLC and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. ACCEPTABLE USE. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other Members. Although Urban Outings cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

6. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

7. MEMBER & GUEST DISPUTES. You are solely responsible for your interactions with other Members and their Guests. Urban Outings reserves the right, but has no obligation, to monitor and act upon disputes between you and other Members and Guests when it deems appropriate, including termination of Membership.

8. PRIVACY. Use of the Website and/or the Service is governed by our Privacy Policy.

9. DISCLAIMERS. Urban Outings is not responsible for the conduct of any user and/or Member of the Service and/or Guest of a Member whether online or offline. Urban Outings assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or Member communications. Urban Outings is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Urban Outings be responsible for any loss or damage resulting from anyone's use of the Website or the Service and/or any content posted on the Website or transmitted to Members and/or attendance at any Event. The Website, the Service and the Events are provided "AS-IS" and Urban Outings expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Urban Outings cannot guarantee and does not promise any specific results from use of the Website and/or the Service and/or attendance at any Event.

10. LIMITATION ON LIABILITY. Except in jurisdictions where such provisions are restricted, in no event will Urban Outings or any of its affiliates or partners be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service or your attendance at any Event, even if Urban Outings has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Urban Outings' liability to you or that of Urban Outings' affiliates or partners for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Urban Outings for the Service during the term of your membership.

11. U.S. EXPORT CONTROLS. Software from the Website ("Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. DISPUTES. If there is any dispute about or involving the Website, the Service and/or any Event, by using the Website, the Service or attending an Event, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, County of Manhattan.

13. INDEMNITY. You agree to indemnify and hold Urban Outings, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service or attendance at an Event in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

14. OTHER. This Agreement, accepted upon use of the Website or attendance at an Event and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Urban Outings regarding the use of the Website and/or the Service and your attendance at any Event. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

II. MEMBERSHIP

1. MEMBER RIGHTS. Membership entitles you to register a Member Log-in Name and Password with Urban Outings, to receive information about Urban Outings and its Services, create a Member profile to be posted on the Urban Outings Website and to access select Member's only content sections of the Website.

2. PAID OR ACTIVE MEMBER RIGHTS. Active Membership entitles you to all rights of Membership, as well as the right to register for as many Urban Outings Events, trips and Active Member benefits as you want to during the term of your paid active membership period, assuming that there are no disputes pursuant to your payment for the Service. As a Member, you authorize Urban Outings to reproduce photographs taken at Urban Outings' events for promotional and advertising purposes. Membership is non-transferable.

3. ACTIVE MEMBERSHIP FEES. The subscription fee that you pay is a termed contractual service fee for a specified number of months that enables you to access the Events and Services of Urban Outings. This service fee is billed in monthly installments for the duration of your subscription term. Monthly installments will be charged directly to the credit card account that you maintain on file with Urban Outings. Monthly installments will be charged every thirty days starting in same month as the start date of your service contract.

4. AUTOMATIC RENEWALS. Upon completion of your termed membership contract, your membership will automatically renew as a month-to-month service contract pursuant to this Agreement, which you may cancel with 30-days notice as confirmed in writing by Urban Outings. Monthly installments will continue to be charged to your credit card account every 30 days at the automatic renewal rate, pursuant to the contract triggering automatic renewal. For information on the automatic renewal rate for your contract, email customerservice@urbanoutings.com, or call Urban Outings at 800.495.7091 x213. You may cancel your membership by sending an email to customerservice@urbanoutings.com, sending written notice to Urban Outings, 1133 Broadway, Suite 1416, New York, NY 10010, or by calling Urban Outings at 800.495.7091 x213. If you cancel your membership by way of telephone, you must confirm cancellation in writing via an email or a letter from Urban Outings verifying that this transaction has been processed.

5. PAYMENTS. All credit card information provided to Urban Outings will be used to pay membership payments, event and travel fees and/or product and service charges. By consenting to this Terms of Use agreement you are hereby authorizing Urban Outings to charge your credit card for any of the aforementioned charges.

6. COLLECTION COSTS. If legal action or arbitration is commenced to enforce this Agreement or determine the rights of any party, including any appeal proceeding, you, in addition to any other remedy, shall pay for reasonable attorney fees and costs for Urban Outings, including those reasonably expended before commencing the arbitration or legal action if the judgment is ruled in favor of Urban Outings. You also agree to pay costs of collection regardless of whether a legal action or arbitration is commenced.

7. CANCELLATION POLICY. You the buyer may cancel an Active Membership contract within three (3) business days after the date of execution of the contract. In order to cancel this contract within the first three business days of the agreement you must send your written request via certified mail to: Membership Department, Urban Outings, 1133 Broadway, Suite 1416, New York, NY 10010. No other form of cancellation, whether via telephone or e-mail or standard U.S. mail will be accepted. Once three business days have elapsed, you may not cancel this agreement or receive any refund of membership payments, either partial or full. Urban Outings may also terminate your membership for any reason, effective upon sending notice to you at the email address or mailing address that you provide in your application for membership, or such other email address or mailing address as you may later provide to Urban Outings. If Urban Outings terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, this Agreement will remain in effect.

III. EVENTS

1. EVENT MANAGEMENT. Urban Outings feels very strongly about providing a quality service and does everything possible to plan great activities. As a result, we reserve the right to: cancel/reschedule an event because of inclement weather; cancel an event if less than 6 people are confirmed; if unforeseen circumstances arise that will result in the event not achieving its promoted objectives; and/or limit the number of participants to an event on an event by event basis.

2. EVENT REFUND POLICY. All Event sales are final, unless the event is canceled or rescheduled by Urban Outings, or the facility hosting the event is closed for unforeseen circumstances. You will be notified if these exceptional circumstances occur, if you provide us with a valid email address or phone number. If an event is rescheduled, and you elect to receive a refund, you must contact Urban Outings at customerservice@urbanoutings.com at least 48 hours prior to the date of the rescheduled event, unless alternate rules for receiving a refund are communicated by Urban Outings upon Urban Outings' announcement that the event has been rescheduled. Refunds due to cancellation by Urban Outings or unforeseen facility closure will be issued automatically.

3. EVENT DISCLAIMERS & LIMITATION OF LIABILITY. Your participation in the Events is at the sole discretion of Urban Outings and Urban Outings may refuse admittance or ask you to leave an Event at any time for any reason. You understand that in connection with your participation in the Events, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in activities such as the Events and cannot be eliminated without destroying the unique character of the Events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death ("Injuries and Damages") from exposure to the hazards of public outings and activities, and Urban Outings has not tried to contradict or minimize your understanding of these risks. You understand that Injuries and Damages can occur by natural causes or activities of other persons or third parities, either as a result of negligence or because of other reasons. Each Event begins and ends at the location where the Event takes place and the Event does not include carpooling, transportation, or transit to and from the Event, and you are personally responsible for all risks associated with this travel to and from the Event. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY, and to INDEMNIFY AND HOLD HARMELESS URBAN OUTINGS, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from Injuries and Damages in any way connected with the Events. You understand and intend that this assumption of risk and release is binding upon your heirs, executors, agents, administrators and assigns, and includes any minors and/or guests accompanying you at the Events.

Please contact us with any questions regarding this Agreement. Urban Outings, 1133 Broadway, Suite 1416, New York, NY 10010 USA. Urban Outings is a trademark of Urban Outings LLC.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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URBAN OUTINGS LLC
TERMS OF USE AGREEMENT FOR THOSE WHO HAVE JOINED THE NYC BRANCH PRIOR TO 10/1/03, OR ON OR AFTER 6/1/04

Welcome to Urban Outings, a social activities club for gay men, operated by Urban Outings LLC ("Urban Outings"). The Urban Outings Terms of Use Agreement may be found below.

PLEASE NOTE THIS AGREEMENT DISCLOSES THE TERMS OF USE OF URBAN OUTINGS LLC. You agree to be bound by these Terms of Use, whether or not you register as a member ("Member") or Activate your membership by purchasing a subscription package ("Member" or "Active Member"): (1) while using any World Wide Web Sites owned and maintained by Urban Outings LLC ("the Website"); (2) while participating in events and trips produced or sponsored by Urban Outings ("Event"); and/or (3) for your purchase and/or use of any products and services offered by Urban Outings and its commonly held affiliates ("the Service"). This Agreement sets out legally binding terms for your Membership, Active Membership, use of the Websites and participation in Urban Outings Service and may be modified by Urban Outings from time to time, such modifications to be effective upon posting by Urban Outings on the Urban Outings Website. This Agreement includes Urban Outings’ Privacy Policy and any other terms and conditions and notices regarding the Website and Service.

If you wish to become a Member and/or Active Member to make use of the Urban Outings Website, Events and Trips and/or Products Services (the "Service"), read this Agreement and indicate your acceptance of it.

I. GENERAL SERVICE & USE

1. ELIGIBILITY. You must be twenty-one or over to register as a Member of Urban Outings, use the Website, attend Urban Outings Events and trips or make use of Urban Outings Services. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. TERM. This Agreement will remain in full force and effect while you use the Website, are a Member of the Service and/or attend an Event. Termination provisions addressing your paid Active Membership are detailed in the Terms of Use Section of your Urban Outings Membership Agreement that you signed upon joining Urban Outings. To receive an additional copy of the Terms of Use section of your Urban Outings Membership Agreement, please email customerservice@urbanoutings.com, or call Urban Outings at 800.495.7091 x213.

3. NON-COMMERCIAL USE BY MEMBERS. The Website, the Service and the Events are for the personal use of individual users and Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members of Urban Outings and should not use the Service or Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. PROPRIETARY RIGHTS IN CONTENT ON THE WEBSITE. Urban Outings owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Urban Outings, LLC and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. ACCEPTABLE USE. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other Members. Although Urban Outings cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

6. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

7. MEMBER & GUEST DISPUTES. You are solely responsible for your interactions with other Members and their Guests. Urban Outings reserves the right, but has no obligation, to monitor and act upon disputes between you and other Members and Guests when it deems appropriate, including termination of Membership.

8. PRIVACY. Use of the Website and/or the Service is governed by our Privacy Policy.

9. DISCLAIMERS. Urban Outings is not responsible for the conduct of any user and/or Member of the Service and/or Guest of a Member whether online or offline. Urban Outings assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or Member communications. Urban Outings is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Urban Outings be responsible for any loss or damage resulting from anyone's use of the Website or the Service and/or any content posted on the Website or transmitted to Members and/or attendance at any Event. The Website, the Service and the Events are provided "AS-IS" and Urban Outings expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Urban Outings cannot guarantee and does not promise any specific results from use of the Website and/or the Service and/or attendance at any Event.

10. LIMITATION ON LIABILITY. Except in jurisdictions where such provisions are restricted, in no event will Urban Outings or any of its affiliates or partners be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service or your attendance at any Event, even if Urban Outings has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Urban Outings’ liability to you or that of Urban Outings’ affiliates or partners for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Urban Outings for the Service during the term of your membership.

11. U.S. EXPORT CONTROLS. Software from the Website ("Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. DISPUTES. If there is any dispute about or involving the Website, the Service and/or any Event, by using the Website, the Service or attending an Event, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, County of Manhattan.

13. INDEMNITY. You agree to indemnify and hold Urban Outings, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service or attendance at an Event in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

14. OTHER. This Agreement, accepted upon use of the Website or attendance at an Event and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Urban Outings regarding the use of the Website and/or the Service and your attendance at any Event. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

II. MEMBERSHIP

For the specific terms of your membership, please refer to the Terms of Membership section of the Urban Outings Membership Agreement that you signed upon joining Urban Outings. Your Urban Outings Membership Agreement may contain the terms for your Membership Rights, Membership Fee and Dues, Payments, Freeze Periods, Renewals, Attorney’s Fees/Collections Costs, Cancellation Policy, Guest Passes, Membership Suspension/Termination, and may contain other terms as well. To receive an additional copy of the Terms of Use section of your Urban Outings Membership Agreement, please email customerservice@urbanoutings.com, or call Urban Outings at 800.495.7091 x213.

III. EVENTS

1. EVENT MANAGEMENT. Urban Outings feels very strongly about providing a quality service and does everything possible to plan great activities. As a result, we reserve the right to: cancel/reschedule an event because of inclement weather; cancel an event if less than 6 people are confirmed; if unforeseen circumstances arise that will result in the event not achieving its promoted objectives; and/or limit the number of participants to an event on an event by event basis.

2. EVENT REFUND POLICY. All Event sales are final, unless the event is canceled or rescheduled by Urban Outings, or the facility hosting the event is closed for unforeseen circumstances. You will be notified if these exceptional circumstances occur, if you provide us with a valid email address or phone number. If an event is rescheduled, and you elect to receive a refund, you must contact Urban Outings at customerservice@urbanoutings.com at least 48 hours prior to the date of the rescheduled event, unless alternate rules for receiving a refund are communicated by Urban Outings upon Urban Outings’ announcement that the event has been rescheduled. Refunds due to cancellation by Urban Outings or unforeseen facility closure will be issued automatically.

3. EVENT DISCLAIMERS & LIMITATION OF LIABILITY. Your participation in the Events is at the sole discretion of Urban Outings and Urban Outings may refuse admittance or ask you to leave an Event at any time for any reason. You understand that in connection with your participation in the Events, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in activities such as the Events and cannot be eliminated without destroying the unique character of the Events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (“Injuries and Damages”) from exposure to the hazards of public outings and activities, and Urban Outings has not tried to contradict or minimize your understanding of these risks. You understand that Injuries and Damages can occur by natural causes or activities of other persons or third parities, either as a result of negligence or because of other reasons. Each Event begins and ends at the location where the Event takes place and the Event does not include carpooling, transportation, or transit to and from the Event, and you are personally responsible for all risks associated with this travel to and from the Event. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY, and to INDEMNIFY AND HOLD HARMELESS URBAN OUTINGS, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from Injuries and Damages in any way connected with the Events. You understand and intend that this assumption of risk and release is binding upon your heirs, executors, agents, administrators and assigns, and includes any minors and/or guests accompanying you at the Events.

Please Contact us with any questions regarding this Agreement. Urban Outings, 1133 Broadway, Suite 1416, New York, NY 10010 USA. Urban Outings is a trademark of Urban Outings LLC.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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