Urban Air Adventure Park

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Urban Air Adventure Park

Basic information
Founded	Unknown
Type	Private LLC
Industry	Children's Entertainment
Official website	https://www.urbanair.com/

Membership Agreement Concerns

Urban Air Adventure Park is an indoor sports entertainment company and an Unleashed Brands company. The business focuses on indoor sports like ziplining, trampolines, GoKarts, etc.

The UrbanAir business model is focused primarily on 12 months contracts for use of the Adventure Park, primarily with children as visitors.

The Problem: This is an exaggerated, but technically possible scenario that could happen based on the exact text of the UrbanAir Membership agreement, without additional consent or compensation.

Your 6 year old child's photo can be taken, the plain white t-shirt they're wearing can be altered to say "Free Palestine", in front of a LGBT flag, standing in a gay nightclub next to Dylan Mulvaney, with a voiceover of your actual child's voice (or even another child's voice saying "I LOVE IT HERE!"

Consumer-Impact Summary

Privacy Violations and Immoral Billing Practices:

• Billing Practices not clearly defined
• Unfair Membership Alterations Policy
• Personal likeness Violations
• Voice likeness Violations

Privacy and Policy Concerns

The Urban Air Adventure Park fails to clearly disclose the following:

1. Memberships are (typically) required to be a 12 month period and fails to prominently display this during the time of membership selection or prior to placing your order.

2. Membership modifications, for example to add an additional child includes an automatic additional 12 months obligation for all members.

3. The UrbanAir membership agreement requires you to sign away your rights to any pictures of you taken by UrbanAir at the UrbanAir facility forever, in perpetuity and it gets worse, see details below.

4. The UrbanAir membership agreement requires you to sign away your rights to any audio or video recordings of you taken by UrbanAir at the UrbanAir facility forever, in perpetuity.

Membership Agreement - Photos of You and Your Children

You must agree to allow for your photo of you and/or your children (who are incapable of consenting to this agreement) to be taken by UrbanAir staff. These photos may be used worldwide in perpetuity and be modified by UrbanAir for any reason at any time without any additional consent of compensation.

The section below does NOT offer any common sense exclusions, so from technical standpoints, you child's photo could be used (though unlikely) as follows:

1. Uncompensated advertising.
2. Modification of photo for age.
3. Modification of photo for color/race.
4. Modification of photo to include other persons not originally present.
5. Modification of photo to include political advertising (ie. your child could be standing next to a LGBT flag, or even be "wearing" an LGBT t-shirt.)
6. Modification of photo to include political advertising (ie. your child could be "wearing" clothing for pro-Israeli and pro-Palestine causes.)
7. Your child's photo could be used in advertising in nations hostile to the United States.

Full section from, additional bolding applied to wiki author: https://www.urbanair.com/membership-agreement/

Interestingly the membership agreement cannot and does not validate the person's identity signing up on the website, they only have the information provided by the user; names and payment info.

1. Use of Personal Information, Image, Likeness, and/or Voice.  Urban Air will take, and you agree to the taking and Urban Air’s storage and use of, an image of each member under this Membership Agreement for purposes of member identification for the Urban Air membership program. Urban Air will retain such image in its computerized membership system. Urban Air also may photograph, record on audio or video, or otherwise record your presence or use of any Urban Air Adventure Park. In exchange for your use of any Urban Air Adventure Park, you understand, acknowledge, and agree that you may be photographed, recorded on audio or video, or otherwise recorded while at any Urban Air Adventure Park and hereby agree and consent for all purposes to the sale, reproduction, or use in any manner of any such photograph, audio, video, or other recording or depiction of your likeness and/or voice whatsoever by us, any Urban Air Adventure Park, and any nominee or designee of us or them, including without limitation any agency, client, periodical or other publication, in all forms of media, whether now or hereafter devised, throughout the world and in perpetuity, and in all manners, including without limitation advertising, trade, display, editorial, art, and exhibition. You further understand and agree that any such photograph, audio, video, or other recording or depiction of your likeness and/or voice may be modified, altered, cropped, and combined with other content such as images, video, audio, text, and graphics, and hereby waive any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your likeness or voice. You further agree that Urban Air and/or any Urban Air Adventure Park you may visit or owner thereof may use any information gathered in this form or through your use of any Urban Air Adventure Park, provided the information does not personally identify you or provide facts that could lead to your identification, for any purpose, including without limitation research, product and program improvements, and statistical purposes. You agree to hold harmless and indemnify Urban Air and any Urban Air Adventure Park you may visit or owner thereof from and against any and all liability, damage, loss, and/or claims of any kind or nature whatsoever, including, without limitation, any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights.

Membership Agreement - Recordings of You and Your Children

The same concerns as above apply, you or your voice can be used in any way UrbanAir would like worldwide in perpetuity.

1. Your child's voice could be used in ways taken out of context, for example:
   1. "I love it here dad", and in the background is a video of an UrbanAir facility with a Trump flag or LGBT flag out front.
   2. "This place is no fun and always busy!", and in the background is an image or video of a competing kids entertainment venue.

Membership Agreement - Twelve Month Billing/Cancelation Policy

The twelve month billing contract (the most common, though 3 months is occasionally offered) requires you to pay every month for twelve months, this contract cannot be broken for any reason other than the following reasons sent in writing with supporting documentation:

1. Death
2. Permanent disability
3. Moving beyond a 25 mile radius of any Urban Air location

When your 12 month obligation is completed you may cancel additional month-by-month renewal in writing.

Membership Agreement - Contract Alteration Policy, Adding Members

The twelve month billing contract language continues to worsen when you consider the scenario of adding an additional member.

Assuming you were to join (fully accepting and understanding that your agreement is an unbreakable 12 months) and decide your younger child would like to join as well, your 12 months is added on to BOTH members.

For example, if you were to pay for child-1 for 9 months and later child-2 was old enough to participate fully, you add on child-2. Your original 12 months for child 1 is now EXTENDED another 12 months. Whereas in a common sense world, child-1 could quit in 3 more months without penalty and child-2 could remain.

Full text of subsection 3 of the "Membership Agreement" section (from the overall membership agree page: https://www.urbanair.com/membership-agreement/)

1. Membership Cancellation.  YOU MAY NOT CANCEL YOUR MEMBERSHIP DURING THE 12-MONTH INITIAL TERM EXCEPT AS PROVIDED HEREIN.  After your 12-month Initial Term, you may cancel your membership at any time online at www.urbanairmembership.com.  Memberships may not be cancelled by telephone, mail, email, or by fax and may only be cancelled as described in this section. Your cancellation request will be effective 10 days after it is received.  Any payments due under this Membership Agreement prior to the cancellation effective date will be charged by us as scheduled.

During the 12-month initial term, you or your estate may cancel your membership if by reason of death or disability you are unable to receive your membership benefits under this Membership Agreement. Upon cancellation due to death or disability, you or your estate shall be relieved from the obligation of making monthly membership payments due after the date of death or the receipt of certification of a physical disability. A physical disability sufficient to warrant cancellation of this Membership Agreement shall be established if you furnish us with a written certification of such disability by a licensed physician, provided the diagnosis or treatment is within the physician’s scope of practice.

During the 12-month initial term, you may cancel your membership if you permanently move your residence more than 25 miles from the location of any Urban Air Adventure Park. Upon Urban Air’s receipt of acceptable written verification of your move, you shall be relieved from the obligation of making monthly membership payments due after receipt of such written verification.

All requests for membership cancellation due to death, disability, or relocation must be submitted in writing with verification of death, disability, or relocation by email to [email protected] or by mail or hand-delivery to the following address: Urban Air, Attn: Membership Support, 2350 Airport Freeway, Suite 505, Bedford, Texas 76022.