Consumer ACH Debit Authorization And Default Recovery Agreement

This Consumer ACH Debit Authorization and Default Recovery Agreement (this “Agreement”) is entered into by and between Pavilion Payments Gaming Services, Inc., a corporation with its principal place of business at 7201 W Lake Mead Blvd, Las Vegas, NV 89128, USA (together with its affiliates, successors, and assigns, “Pavilion,” “we,” or “us”), and the individual identified in the enrollment record (“Patron,” “you,” or “your”), and is effective upon your electronic acceptance (the “Effective Date”).

1. Definitions. “ACH” means the Automated Clearing House network governed by the Operating Rules and Guidelines of Nacha (the “Nacha Rules”). “Account” means each demand deposit (checking) or other eligible account you enroll with Pavilion. “Transaction” means any e-check, ACH transfer, or similar payment you initiate through Pavilion’s services, including the VIP Preferred® network, at or for the benefit of a participating gaming establishment (each, an “Operator”). “Returned Item” means any Transaction returned unpaid for any reason, including insufficient or uncollected funds, or otherwise charged back to Pavilion or an Operator. “Amount Owed” means the face amount of a Returned Item, plus any Returned-Item Fee permitted under Section 4, less any amounts you have repaid.
   
   
2. Authorization for ACH Debits.

   
   2.1 Transaction Debits. You authorize Pavilion to initiate ACH debit entries to your Account for each Transaction you initiate, in the amount you request, together with any disclosed service fee, and to initiate ACH credit entries and debit or credit corrections for entries made in error.

   2.2 Default Recovery Debits. If any Transaction becomes a Returned Item, you authorize Pavilion to (a) re-present the entry electronically up to the maximum number of times permitted under the Nacha Rules (currently two re-presentments following the initial return); and (b) initiate one or more separate ACH debit entries for the Amount Owed, including a single Returned-Item Fee per Returned Item as permitted by Section 4 and Schedule A, to (i) the Account from which the Transaction was initiated (the “Originating Account”), and (ii) solely where you have affirmatively designated another enrolled account as a backup funding source through the separate designation step in enrollment or account settings (a “Designated Backup Account”), and only after a recovery debit to the Originating Account has been returned or the Originating Account is closed or unavailable, the Designated Backup Account. Pavilion will not initiate recovery debits to any account other than the Originating Account and a Designated Backup Account, regardless of any other account information known to Pavilion. Designation of a backup account is voluntary, is not a condition of any service or of any extension of credit, and may be withdrawn at any time as provided in Section 5.

   2.3 Range of Amounts. You acknowledge that debits under this Agreement will vary in amount. The amount of any debit will not exceed the amount of the Transaction you initiated, plus the applicable Returned-Item Fee. This range constitutes the disclosure of varying amounts contemplated by 12 C.F.R. § 1005.10(d), and you agree to receive notice of variation only where an entry would exceed that range.

   2.4 Partial-Amount and Scheduled Recovery Debits. In addition to, and separately from, any re-presentment permitted under Section 2.2(a) and the Nacha Rules, you expressly authorize Pavilion to initiate one or more ACH debit entries for the amount owed (which includes the face amount of the Returned Item Fee permitted under Section 4)to the Originating Account (and, subject to the conditions in Section 2.2(b), a Designated Backup Account) for all or any portion of the Amount Owed, on the following terms: The amounts of debits under this Section 2.4 will vary; each debit will fall within the range disclosed in Section 2.3, and you agree that this Section, together with Section 2.3, constitutes the notice of varying amounts contemplated by 12 C.F.R. § 1005.10(d). You may revoke this authorization, or stop any scheduled debit, as provided in Section 5.

3. Voluntary Authorization; No Conditioning. Your authorization of recovery debits under Section 2.2 is voluntary. Pavilion does not condition the provision of any service, or any extension of credit, on your agreement to repay by preauthorized electronic fund transfer. You may repay any Amount Owed at any time by an alternative method, including [certified funds, online card payment, or mailed check to the address in Section 12], and any such payment will reduce or cancel pending recovery debits under Sections 2.2 and 2.4 accordingly. This Section is intended to comply with 15 U.S.C. § 1693k(1) and 12 C.F.R. § 1005.10(e).
   
   
4. Returned- Item Fees; State Limitations. For each Returned Item, Pavilion may charge a single returned-item fee per transaction not exceeding the lesser of the maximum amount permitted by the law of the state applicable to you as set forth in Schedule A (the “Returned-Item Fee”). A debit initiated under Section 2.2 or Section 2.4 that is itself returned unpaid does not constitute a new Returned Item and will not give rise to an additional Returned Item Fee; a Returned Item Fee may be charged only once with respect to the Transaction giving rise to the Amount Owed, regardless of the number of recovery debits initiated under Sections 2.2 and 2.4 to collect that Amount Owed. . Where Schedule A or applicable law requires prior written demand, notice, or a cure period before a fee or damages may be imposed, Pavilion will comply with such requirement before initiating the corresponding debit. No fee will be charged where prohibited by applicable law, and no interest will accrue on any Amount Owed except as permitted by applicable law following judgment.
   
   
5. Revocation of Authorization. You may revoke the authorizations in Section 2, including Section 2.4, or withdraw the designation of any Designated Backup Account without revoking your other authorizations, at any time by (a) notifying Pavilion at (800) 500-1973 or (b) notifying your financial institution, in each case in time to afford Pavilion and your institution a reasonable opportunity to act, and in no event later than three (3) Business Days before a scheduled debit. Revocation does not extinguish any Amount Owed, which remains due and payable by alternative means, and does not apply to entries already in process. Revocation under this Section is in addition to, and independent of, the automatic cessation of debits under Section 2.4(c); notice of revocation under this Section stops all future debits under Section 2.4 regardless of whether the condition in Section 2.4(c) has occurred. Pavilion will honor stop-2.4payment rights under 12 C.F.R. § 1005.10(c).
   
   
6. Account Verification; Consumer Reporting; Adverse Action. You authorize Pavilion to verify your identity and Account, to obtain consumer reports and bank account risk data in connection with enrollment, Transaction approval, and recovery of Amounts Owed, and to furnish information regarding Returned Items to specialty consumer reporting agencies to the extent permitted by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. If Pavilion declines a Transaction or enrollment in whole or in part on the basis of a consumer report, Pavilion will provide the adverse-action notice required by applicable law.
   
   
7. Error Resolution; EFTA Rights. In case of errors or questions about electronic transfers, contact Pavilion at (800) 500-1973 or 7201 W Lake Mead Blvd, Las Vegas, NV 89128, USA as soon as possible, and no later than sixty (60) days after the first statement on which the suspected error appeared. Nothing in this Agreement waives any right you have under the Electronic Fund Transfer Act or Regulation E, including error-resolution rights, and no provision of this Agreement will be construed as a waiver prohibited by 12 C.F.R. § 1005.6 or § 1005.10.
   
   
8. Electronic Records and Signatures. You consent to the use of electronic records and signatures under the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and applicable state UETA statutes, including delivery of this Agreement, disclosures, notices, and demand letters to the email address or portal account you designate. You confirm you can access and retain electronic records in the formats used, and you may withdraw this consent or request paper copies as described in the E-SIGN disclosure provided at enrollment. A copy of this executed authorization will be provided to you and retained by Pavilion for at least two (2) years following termination or revocation, consistent with the Nacha Rules.
   
   
9. Collection Practices. Pavilion will conduct recovery of amounts owed in a professional and lawful manner and in compliance with applicable federal and state law, including state statutes governing creditor collection conduct identified in Schedule A. Pavilion may engage service providers or licensed collection agencies; any third-party collector will be required to comply with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and Regulation F.
   
   
10. Responsible Gaming; Nature of Services. Pavilion provides payment processing and funds-access services; Pavilion does not extend credit and this Agreement is not a loan or credit agreement. You represent that you are at least twenty-one (21) years of age, are not on any applicable self-exclusion or involuntary exclusion list, and are the owner or authorized signer of each enrolled Account. If you are enrolled in a state or Operator self-exclusion program, Pavilion may suspend Transaction services without affecting its rights to recover Amounts Owed for Transactions already initiated.
    
    

11. Term; Suspension; Termination. This Agreement remains in effect until revoked or terminated. Pavilion may suspend or terminate Transaction services at any time. Sections 2.2, 3 through 9, and 12 through 14 survive termination with respect to Amounts Owed arising before termination, unless and until you revoke authorization under Section 5, in which event recovery will proceed by lawful alternative means.

12. Notices. Notices to Pavilion must be sent to Pavilion Payments Gaming Services, Inc., Attn: [Compliance/Legal], 7201 W Lake Mead Blvd, Las Vegas, NV 89128, USA , or through the contact methods stated above. Notices to you will be sent to the postal or electronic address in your enrollment record; you agree to keep that information current.

13. Governing Law; State Addenda. This Agreement is governed by federal law and, to the extent not preempted, by the law of the state in which you reside at the time of the relevant Transaction, without regard to conflict-of-laws principles. Schedule A sets forth state-specific terms; where a Schedule A provision conflicts with the body of this Agreement, Schedule A controls for Patrons in that state. If any provision is limited or prohibited by the law of your state, that provision is modified to the minimum extent necessary to comply, and the remainder of this Agreement is unaffected.

14. Miscellaneous. This Agreement, together with the applicable Transaction terms, E-SIGN disclosure, and privacy notice, is the entire agreement between the parties on its subject matter. Pavilion may amend this Agreement prospectively upon notice as required by law; amendments do not apply retroactively to completed Transactions. Pavilion may assign this Agreement; you may not assign it. No waiver is effective unless in writing
    
    

    ACCEPTED AND AGREED (electronic acceptance constitutes signature):

    Patron Name: _____________________________ Date: ____________

    Electronic Signature / Acceptance ID: _______________________________

    Enrolled Account (last four digits): ________ State of Residence: ________

SCHEDULE A

STATE-SPECIFIC PROVISIONS — RETURNED-ITEM FEES AND KEY DIFFERENTIATOR