Dated 2/26/2018. Aspen Racquet Club, LLC ( ARC ) Membership Agreement and Rules and Regulations

Transcription

1 Dated 2/26/2018 Aspen Racquet Club, LLC ( ARC ) Membership Agreement and Rules and Regulations This Membership Agreement (this Agreement or contract ) is between you (individually, if you are the Member, and/or as agent and/or guardian of Member or responsible party) and Aspen Racquet Club, LLC ( ARC or the Club ). You agree that you, your family members, and any guests and invitees shall be bound by this Agreement. You agree that this Agreement may be revised, supplemented or amended in the sole and absolute discretion of ARC and any such changes shall become immediately effective upon posting in the Club and/or on ARC s website. By signing this Agreement, you acknowledge that you are of legal age, have received a filled-in and completed copy of this Agreement identifying the membership type and services purchased, and have read and understand the entire Agreement. You further acknowledge and agree that ARC has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce you to enter into this Agreement. ARC recommends that you consult your physician prior to beginning any tennis, exercise or weight loss program. By signing this Agreement, you consent to receiving telephone calls from ARC, its affiliates and business partners, at any telephone number included your contact information, including to receive news of special offers and programs, and for purposes related to your account information. Performance of this Agreement shall begin no later than 180 days from the date this Agreement is entered into by the parties. Membership Types: Adult Tennis Membership: A single individual between the ages of 19 and 64. Family Tennis Membership: Consists of any 2 adults living at the same address and dependent children up to age 18. Children aged 18 to 23 are eligible for the family membership if proof of dependency is provided. Senior Adult Tennis Membership: Any individual age 65 or over. Senior Adult Couple Tennis Membership: A couple living at the same address, one of whom must be 65 years or older. Student Tennis Membership: A full time student with proof of enrolment in an accredited higher education institution. Junior Tennis Membership: Children between the ages of 7 and 17. Children ages 6 and under are free. Seaman Corporation Gym: Seaman Corporation employees with access to gym and fitness classes only. I. NOTICE OF CANCELLATION RIGHTS: You may cancel this contract for any reason at any time prior to midnight of the third business day (any calendar day except Sunday or a legal holiday) after the date on which the first service under the contract is available to you. Your written notice may be in any written format sufficient to communicate your desire to cancel and shall be delivered in person to the club of enrollment, or postmarked by certified or registered U.S. mail to Aspen Racquet Club, LLC, 850 Venture Blvd., Wooster, OH within such 3-day period. Member initials: 1

2 II. ADDITIONAL CANCELLATION RIGHTS a. If by reason of death or disability you are unable to receive benefits of the services of the Club, this contract shall be proportionally divided by all of the days in which the facility was made available to you as part of the contract offering and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your death or disability, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, and ARC, within 30 days after receiving notice of the death or disability, shall return to you or your representative the amount paid in excess of the proportional amount. b. If you relocate 25 miles or more from the Club or a substantially similar facility that would accept ARC s obligation under the contract and if you give ARC written notice that you intend to relocate and request that the contract be terminated, the contract shall be proportionally divided by all of the days in which the facility was made available to you as part of the contract offering and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your actual relocation, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, provided, that ARC may require and verify reasonable evidence of relocation, and ARC shall return to you the amount paid in excess of the proportional amount. c. If ARC relocates 25 miles or more from your residence or closes the Club and a substantially similar facility that would accept ARC s obligation under the contract is not within 25 miles of your residence, the contract shall be proportionally divided by all of the days in which the facility was made available to you as part of the contract offering and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to ARC s actual relocation or closing of the facility, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, and ARC shall return to you the amount paid in excess of the proportional amount. III. RULES AND REGULATIONS Players must check in at the front desk before playing. Tennis attire is preferred, but not required. Non-marking sole tennis shoes are required on the courts. No smoking is allowed on the premises. Good court etiquette must be practiced at all times. Please silence your mobile devices on the tennis courts and in the gym/fitness facilities. No phone conversations on the tennis courts or in the gym/fitness facilities. Please refrain from using any profanities on the tennis courts or in the Club. Children under 12 years old who are not playing tennis must be accompanied by an adult at all times if they are not in ARC s childcare program. You, on behalf of yourself, your minor children, and your respective heirs, representatives, and assigns, hereby grant to ARC a perpetual, royalty-free, unrestricted right and permission to edit, modify, copy, exhibit, publish, and/or use, in any lawful manner, any audio/visual images which include any type of recording in any media or format, including photographs, digital images, drawings, renderings, voices, sounds, video recordings, or audio clips, taken of you and/or your minor children at the Club for ARC s web sites, mobile apps, publications, advertisements, posters, social media and other collateral materials. You hereby irrevocably waive any right to inspect or approve such images, and you also irrevocably waive any right to royalties or other compensation arising from the use of such images. a. Court Reservations Court reservations to play tennis may be made up to 14 days in advance. Permanent court time can be made prior to the indoor season or at any time during the season as openings permit. Court reservations are made in 30 minute increments. ARC has a ball machine for rent. The user pays the court fees, along with a fee for use of the ball machine. Balls are included with the ball machine rental. ARC reserves the right to reassign tennis courts when necessary. b. Court Cancellations Court time, lesson reservations and drop-in program reservations must be cancelled 24 hours in advance. There are no cancellations on permanent court time, clinics or camps. 2

3 c. Membership Fees/Membership Renewal/Membership Cancellation No memberships will be required from the Club opening through February 28, Memberships are for one year from the day you join except for founding membership, which begins when the Club opens and ends on February 28 th, Founding membership must be purchased before January 15, Memberships are to be paid in full with application and are not refundable or transferable. Membership fees may be modified from time to time by ARC. Membership renewal will be automatic on the anniversary of the contract unless cancelled by you by sending written notice to ARC at least 30 days prior to expiration of your membership term. Membership types and services are subject to change without notice. d. Member Conduct ARC reserves the right to suspend a contract, membership or member if the member is disruptive or abusive to fellow club or staff members, causes damage to the facility or does not follow club policies. In such case the member will not be entitled to any refund, credit or reimbursement. ARC also reserves the right to terminate the membership for any reason whatsoever upon written notice and a refund of the pre-paid dues, if any. e. Junior Membership Juniors (under 18 of age) can only become members with a parent or legal guardian as a signatory, who then also become bound by this agreement and rules and regulations. f. Billing Procedures Each member must have a credit card on file with ARC. ARC accepts VISA, MasterCard, Discover and American Express credit cards. Your account statement will be ed to you at the beginning of each month and your account will be settled on the credit card on file on the 7 th business day after the statement is issued. You hereby authorize ARC to charge all fees for membership, services or merchandise to your credit card on file with ARC if not paid for at the time of service. You agree to promptly notify ARC of any credit card information changes such as card number, expiration date, name change or CVC code. In the event your account is turned over for collection due to non-payment you agree to pay all reasonable attorneys fees, investigator fees, and costs. g. Gym/Fitness Facilities Members and paying guests can use the fitness facilities at no additional charge at their own risk. ARC may offer fitness, yoga or other classes from time to time for a fee determined at the time the class is offered. h. Risk of Injury Member also agrees that participation in the sport of tennis, yoga, or any sport, as well as exercising in the gym subjects the player to possible injury. Members agree, and parents or guardians of minor agrees, by participating in ARC s activities that ARC, its affiliates, and their respective officers, owners, employees, agents and representatives and contractors shall have no liability for personal injury to any members, their guests, or invitees. You will be required to sign a medical release and a liability waiver prior to being able to use the ARC facilities and participate in any programs or activities at the Club. i. Loss of Personal Possessions or Accidents ARC is not responsible for any cash valuables or personal property brought to the Club. j. Childcare Services Childcare services are provided at the Club by independent, third party contractors upon request. Please call ahead to arrange childcare at the Club. 3

4 k. Guests Guests are welcome at ARC. Our guest policy is to encourage our members to bring guests to the Club. However, the same local guest may not visit the club more than 6 times in any consecutive 12 months. As a member, we hope you will encourage your local guests to become members of ARC. All guests must sign in at the front desk. A guest will pay a per-visit guest fee and applicable court fees. All guests will be required to sign a liability waiver and a medical release before they can play at the club or use the club's fitness facilities. l. Hours of Operation Please check the Club website or call the Club for hours of operation. The hours of operation for the indoor season are different than the hours of operation for the summer season. The Club is closed on July 4 th, Thanksgiving, Christmas Day and New Year's Day. m. Pro Shop Full price pro shop merchandise may be returned if unused, with proof of purchase, up to 14 days from purchase date for a full refund. Merchandise purchased with gift cards can be returned if unused, with proof of purchase, up to 14 days from purchase date for store credit. n. Racquet Demo Policy ARC carries a large selection of demo racquets that are available onsite for trial, free of cost to members. You must sign the racquet out at the front desk before using. IV. AGREEMENT TO ARBITRATE ALL DISPUTES. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND ARC ( ARC AS USED IN THIS PROVISION INCLUDES ASPEN RACQUET CLUB, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND ARC CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOU, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND ARC ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND ARC. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ARC IN WRITING, BY MAIL TO ARC, WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON S ACCOUNT, IF ARC IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THE ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, IN WHOLE OR PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT. Member Initials: V. IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY. You hereby acknowledge and agree that your use and/or your minor children s use of ARC s facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and you assume full responsibility for these risks. In consideration of you and your minor children being permitted to enter ARC s facility for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, you hereby release and hold ARC, its affiliates, and their respective directors, officers, employees, and agents harmless from all liability to you, your children and your personal representatives, executors, assigns, heirs, and next of kin for any loss or damage, and forever give up any claims or demands therefore, on account of injury to you or to any property, including injury leading to your death, 4

5 whether caused by the active or passive negligence of ARC or otherwise, to the fullest extent permitted by law, while you and/or your minor children are in, upon, or about ARC s premises or using ARC facilities, services or equipment. You agree to indemnify ARC from any loss, liability, damage or cost that ARC may incur due to your presence and/or the presence of your children in, upon or about the ARC premises or in any way observing or using any facilities or equipment of ARC whether caused by your negligence, your children s negligence or otherwise. You represent that (a) you and your children are in good physical condition and have no disability, illness, or other condition that could prevent you or them from exercising without injury or impairment of health, and (b) you have consulted a physician concerning an exercise program that will not risk injury to you or impair your health. Risks of injury include but are not limited to injuries arising from your use or others use of exercise equipment and machines; injuries arising from your participation or others participation in supervised or unsupervised activities or programs at the Club; injuries and medical disorders arising from exercising at the Club such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere in Club dressing rooms, showers and other facilities. You further agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Ohio and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. You acknowledge that you have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this Agreement have been made to you. Member Initials: VI. IMPORTANT: MEDICAL RELEASE AND CONSENT TO TREATMENT; INDEMNIFICATION AND HOLD HARMLESS. You certify that you are physically able to participate in all programs, events, and activities at the Club without aid or assistance. You further agree to assume the risk of any medical or physical condition that you may have. You understand that ARC does not have medical personnel available at the Club and ARC may not have available any staff trained to provide medical assistance at the time of a medical incident or emergency. In the event of a medical emergency, you acknowledge that ARC s sole obligation to you shall be to call 911. If ARC determines that it would be prudent to administer first aid while awaiting the response of emergency personnel, you hereby gives consent to ARC to provide any and all emergency first aid treatment or other assistance to you, including but not limited to CPR (cardiopulmonary resuscitation), the use of an AED (automated external defibrillator), or EpiPens or similar devices. ARC shall have no obligation to administer first aid or emergency assistance other than to call 911, and shall have no liability for any first aid administered or withheld to you. You authorize ARC to share health information to medical personnel in order to provide emergency first aid treatment. You agree to pay all costs associated with any treatment provided by emergency medical personnel or medical providers and related transportation, and agree to INDEMNIFY and HOLD HARMLESS ARC, its affiliates, and their respective directors, officers, employees, and agents for any cost incurred in connection with treatment provided by medical personnel or medical providers. Member Initials: VII. MISCELLANEOUS. a. All information and material of a personal or private nature that is acquired directly or indirectly from you including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by ARC to you by regular mail within 30 days after the expiration of the contract or after the expiration for any reason of the service to be rendered by ARC. b. IN NO EVENT SHALL ARC, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. This Agreement contains the entire agreement and understanding of the parties and merges and supersedes all prior or contemporaneous discussions, agreements and understandings of every nature between the parties covering the subject matter of this Agreement, whether written or oral, express or implied. This Agreement 5

6 shall not be amended except in a writing signed by both parties. Failure, delay, or any partial exercise by either party of any right, power, or privilege available to such party hereunder shall not operate as a waiver, or preclude further exercise by such party of any other right, power, or privilege. If any provision or any portion of this Agreement is construed to be illegal, invalid or unenforceable, such provision or portion thereof shall be deemed stricken and deleted from this Agreement to the same extent and effect as if it were never incorporated herein, but all other provisions of this Agreement and the remaining portion of any provision that is construed to be illegal, invalid or unenforceable in part shall continue in full force and effect. Neither party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other party. This Agreement shall be binding upon any permitted assignees. This Agreement shall be governed by the substantive laws of the State of Ohio, without giving effect to its conflict of law principles. YOUR ELECTRONIC OR HANDWRITTEN SIGNATURE BELOW INDICATES THAT YOU HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS DOCUMENT AND HAVE READ AND FULLY UNDERSTAND ITS CONTENTS. BY SIGNING THIS AGREEMENT, YOU AGREE (FOR YOURSELF OR ON BEHALF OF ANY PERSONS YOU ARE LEGALLY AUTHORIZED TO REPRESENT) TO BE LEGALLY BOUND BY ITS TERMS. YOU UNDERSTAND THAT BY SIGNING THE ABOVE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY CLAUSE, YOU ARE RELEASING IMPORTANT LEGAL RIGHTS AND AGREEING TO ABIDE BY THE RULES OF THE CLUB. Member s Signature Member s Printed Name ASPEN RACQUET CLUB, LLC By: Name: Title: Date Signed Member s Dependent Name Member s Dependent Name Member s Dependent Name Member s Dependent Name The Member shall receive a hard copy of this Agreement at the time of registration if registering in person or via if registering online or via phone. 6

7 NOTICE OF CANCELLATION (Retention Copy) Date of Contract: You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed. To cancel this contract you must deliver in person, manually, or by certified mail, return receipt requested, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message, to Aspen Racquet Club, LLC, at 850 Venture Blvd., Wooster, OH not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available. I hereby cancel this contract. Date: Print Name: Signature:

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9 Date of Contract: NOTICE OF CANCELLATION (Copy for Mailing) You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed. To cancel this contract you must deliver in person, manually, or by certified mail, return receipt requested, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send an electronic mail message, to Aspen Racquet Club, LLC, at 850 Venture Blvd., Wooster, OH not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available. I hereby cancel this contract. Date: Print Name: Signature: By signing this agreement you agree with the Membership Agreement for all profiles listed on your account _1 9