MEMBERSHIP AGREEMENT

Transcription

1 MEMBERSHIP AGREEMENT Applicant understands and agrees that the General Terms and Conditions of Membership are a part of this agreement. Enrollment Date: Member Name: Initiation Fees: Club Name: Membership Type: Monthly Dues: MEMBERSHIP 1. Membership Contract. This Membership Agreement establishes a legal contract between the Member and The Bay Clubs Company, DBA The Bay Club Company, Bay Club Redwood Shores ( Club ), each as identified in the Membership Agreement. 2. Membership Activation. The Membership Agreement shall be effective only when this Agreement is approved by the Club; approval is subject to payment of all fees required to purchase a membership. 3. The contract solely grants the Member the privilege to use and enjoy the facilities of the Club in accordance with the General Terms and Conditions of Membership as they may change from time to time. Club privileges are terminable in accordance with this agreement. Membership does not grant or carry with it any interest in the property or assets of the Club. Membership does not give any right to members to participate in the management of the Club, financial or otherwise. Memberships in the Club are not resalable, and are transferable only among other Bay Club Company properties. 4. Club Facilities and Services. The Club offers facilities and services such as cardiovascular equipment, strength training equipment, fitness training, and fitness programs, among other things. The current listing of each of The Bay Club Company s facilities are posted on each Club s website. Facilities and services available to members may be modified by Management at any time at its sole discretion. 5. Hours of Operation. Club operating hours are a minimum of Monday through Friday 9:00 am to 5:00 pm. The current hours of operation of each of The Bay Club Company s facilities are posted on each Club s website. TERMS OF MEMBERSHIP: This is a month-to-month contract. I understand that I am purchasing an ongoing membership that will continue until I terminate my membership by giving at least 30 days written notice in accordance with the General Terms and Conditions of Membership. CONSUMER RIGHT TO CANCEL: You, the buyer, may, at a minimum, cancel this agreement at any time prior to midnight of the twentieth business day of the Club after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to: Bay Club Redwood Shores at 200 Redwood Shores Parkway, Redwood City, CA If, however, you paid $ $2500 in initiation and initial membership fees, you have until midnight of the 30th business day, and if you paid greater than $2500 in initiation and initial membership fees, you have until midnight of the 45th business day of the Club within which to cancel this agreement. PRINT NAME: SIGNATURE: DATE: PRINT NAME: SIGNATURE: DATE: AUTHORIZED: DATE:

2 CATEGORIES OF MEMBERSHIP - The Club reserves the right to require proof of the Category of Membership requisites, and to change such definitions and requirements at any time, at its sole discretion. The Club may add or eliminate categories of membership at any time. The member agrees to abide by such Rules and Regulations as they exist or may change from time to time at the Club s sole discretion. This waiver and agreement applies to any and all Bay Club company properties, including, without limitation, all current and any future Club properties. 1. Individual Membership. Consists of one person 18 years of age or older. Member s spouse and children are not entitled to the rights and privileges of this category of membership but may be guests in accordance with the Club s Rules and Regulations. 2. Couples Membership. A married couple; registered domestic partners; two immediate family members 18 years of age or older including, but not limited to, a single parent and a dependent child. Members of a Couple Membership must reside in the same household on a permanent basis. Dependents 21 years of age and older must either have their own membership, be included in a Family Membership, or may be guests in accordance with the Club s Rules and Regulations. 3. Family Membership. This membership is defined as any of the following: A married couple with one or more dependent children and up to two grandchildren; registered domestic partners with one or more dependent children and up to two grandchildren; two immediate family members 18 years of age or older with one or more dependent children and up to two grandchildren; or a single parent and two or more dependent children and up to two grandchildren. Members of a Family Membership must live in the same residence on a permanent basis, with the exception of grandchildren. 4. Family Plus Membership. Available to those who qualify for a Family Membership, a Family Plus Membership may also include extended family members, Including: children, grandchildren, parents, grandparents and siblings. Members of a Family Plus Membership must meet the definition of a Family Membership. Extended family members are not required to live in the same residence on a permanent basis. Membership is available at select Bay Clubs and certain club use restrictions apply. 5. Young Professional Membership. A Young Professional Membership applies to members ages 29 years and younger. Upon the member s age of 30, this membership will automatically convert to a full membership at the prevailing monthly dues. Couple and Family Young Professional Memberships must consist of two individuals 29 years of age or younger, and will automatically convert to full membership upon one of the members turning 30 years of age. Couple and family memberships must meet the definition of such as described in the Membership Agreement. Membership is available at select Bay Clubs and certain club use restrictions apply. Where available, the current listing of Young Professional membership privileges are posted on each Club s website. 6. Junior Membership. Consists of one person between the ages of years old. Member s parents are not entitled to the rights and privileges of this category of membership but may be a guest in accordance with the Club s Rules and Regulations. Upon the member s 24th birthday, the junior member shall become an Individual member, and dues will increase to the Individual membership rate then in effect. Age range for junior membership varies by Club. Membership is available at select Bay Club Company properties and certain club use restrictions may apply. 7. Dependent Children. Dependent children under the age of 21 may be members of the Club as part of a Couple, Family or Family Plus Membership. Dependent children 21 years or older must either have their own membership or use the facilities as a guest. Dependent children not part of a Couple, Family, or Family Plus Membership are not entitled to the rights and privileges of this category of membership but may be guests in accordance with this Agreement. 8. Family Add-on Membership. Children 21 to 29 years of age may be members of the Club as part of a Family Add-On Membership. Only children of a primary or secondary member on a Family Membership are eligible. 9. Senior Membership. Members who are ages 65 or older are eligible for Senior Membership. This is available for Individual and Couple memberships that meet the definition of such as described in the Membership Agreement. Senior Membership is available only at select Bay Club Company properties and certain club use restrictions may apply. Where available, the current listing of the Senior Membership privileges are posted on each Club s website. 10. Business Membership. A Business Membership is a membership purchased by, and in the name of a business of responsible credit background. The business may own one or more memberships. The business must assign one employee as the assigned user for each Business Membership owned. The business may change the assigned user from time to time by providing 30 days advance written notice to the Club and upon payment of a change of assignment charge. The business owning the Business Membership and the assigned user are jointly and severally liable for all dues, charges and obligations incurred on the membership account. The Club shall place any Business Membership without an assigned user on Leave of Absence status. The Business must pay the prevailing Leave of Absence dues for each membership on Leave of Absence status. Except as provided in this paragraph, all other terms and conditions of Membership apply to the respective Business Membership. 11. Club West/Executive Club/Campus/Dual Memberships. A Club West, Executive Club, Campus or Dual Membership is a special membership arrangement for Club members. A Club West, Executive Club, Campus or Dual Membership entitles the member to use and enjoy the facilities of participating reciprocal clubs in accordance with the participating Clubs Rules and Regulations. Member agrees to abide by such Rules and Regulations and Club Information and Guidelines, as applicable, as they currently exist or may change from time to time. The Club may change the participating reciprocal clubs from time to time. V

3 GENERAL TERMS AND CONDITIONS OF MEMBERSHIP INITIATION FEES, DUES AND CHARGES 1. Membership Qualification. Club policy is to accept applications for membership from any individual 13 years of age or older, without regard to race, color, sex, age, disability, national origin, religion or sexual orientation. Membership is open to any person, family, business or corporation of good character and responsible credit background as determined by the Club at its sole discretion. 2. Payment of Membership Fees. Members must pay the initiation fee indicated in the Membership Agreement to the Club. The initiation or other fee is deemed fully incurred upon acceptance of the membership by the Club. ACCORDINGLY, NO PORTION OF SUCH FEE IS REFUNDABLE. a. Couple or Family Membership. The initiation fee and initial membership fees indicated in the Membership Agreement to the Club shall be divided equally between the two primary members on the membership. b. Club West/Executive Club/Campus/Dual Membership. Member agrees that the initiation fee and initial membership fees indicated in the Membership Agreement to the Club in excess of $4400 apply to services and amenities outside those as defined by the Health Studio Act. 3. Dues. The Club shall determine the amount and terms of payment of dues which are payable by the members. The Club reserves the right to increase or modify dues periodically at its sole discretion. THE OBLIGATION TO PAY DUES IS NOT DEPENDENT ON THE AVAILABILITY OF ALL OF THE CLUB S FACILITIES OR THE FREQUENCY OF USE. Tournaments, repair, maintenance of some facilities, and/or other occurrences may make it necessary for the Club to restrict the use of one or more facilities or to close the Club temporarily. The Club reserves the right to make changes to the type, number, or quality of classes and equipment offered. The Club will not reduce or suspend dues during the time when the facilities are not available. 4. Charges and Services. The Club shall, from time to time, set the fees and terms of payment for charges for goods, services, changes in class of membership and the use of the facility by members and guests. 5. Taxes. Applicable federal, state and local taxes must be paid in addition to published Club fees, dues, and charges. 6. Credit Card Authorization. The Club reserves the right to bill the statement balance amount to the Member s credit card listed on file in the event the account becomes more than thirty (30) days past due. Member agrees to and fully authorizes all such charges to credit card account(s) on file. Payments on delinquent accounts apply first to reduce late charges and accrued dues, then to food and beverage charges, then to any other charges. Any fees assessed for untimely payment of any applicable dues, fees or charges will appear on Member s statement, including any charges made to Member s credit card for payment of same. Member agrees to maintain a valid major credit card account on file with the Club at all times. BILLING: I hereby authorize the Club to bill my monthly membership dues, incidental charges, administrative fees and any applicable taxes to my membership account. I understand the Club will bill my membership charges to me on a monthly basis and I agree to settle these charges by check or EFT payment on a timely basis. Late payments (current member charges that are 30 or more days past due) are subject to a late payment charge. I further understand that all payments made by me and returned from my bank will result in a service fee charged to my account. In the event that my account becomes more than thirty (30) days past due, the Club shall have the right to bill the statement balance amount to the credit card below: I hereby authorize the Club to deduct the balance of my membership bill from the account indicated below: CREDIT CARD TYPE: EXPIRATION DATE: CREDIT CARD ACCOUNT NUMBER: TERMINATION OF MEMBERSHIP 1. Right To Cancel. Members will have the time period specified below based upon the total membership initiation fees paid to cancel their membership and receive a full refund of any initiation fees paid to execute this Agreement. Any notice of cancellation must be postmarked or ed with proof of receipt, or a Membership Resignation form completed and signed within the applicable allotted time-frame. 20 days if initiation and initial membership fees paid are $0 - $2, days if initiation and initial membership fees paid are $2,001 - $2,500

4 GENERAL TERMS AND CONDITIONS OF MEMBERSHIP CONTINUED 45 days if initiation and initial membership fees paid are greater than $2, Voluntary Resignation. THE CLUB REQUIRES THIRTY DAYS PRIOR WRITTEN NOTICE TO RESIGN A MEMBERSHIP. The resigning member(s) must complete and sign a Membership Resignation Form. The member must also surrender all membership cards and locker keys, and pay any outstanding account balance. The voluntary resignation is not effective until the expiration of the thirty (30) day notification period, which begins on the first of the following month from which the cancellation notice was received. (By way of example only, written notification given on September 15 shall be effective on October 1, with a membership end date of October 31). The voluntary resignation is not effective until the Club receives the signed and completed Membership Resignation Form, all membership cards, locker keys and required payments (Using the example above, membership cards, locker keys and required payments would be due on or before October 31 for membership cancellation to become final). After the effective date of the voluntary resignation, the member is not subject to further dues. 3. Waiver of Notice. The Club shall waive the thirty (30) day notification period if the Member becomes unable to use the Club due to death, disability or relocation of more than 25 miles from any Club owned or operated by The Bay Club Company. For purposes of the Agreement, disability means a condition which precludes you from physically using the Club s facilities. The condition must be verified in writing by a physician which may be furnished on request. The member or his/her representative is still required to complete the Membership Resignation Form, return all membership cards and locker keys, and pay all outstanding charges. The Club reserves the right to require proof of relocation. 4. Involuntary Termination or Suspension. Membership is a revocable license and may be terminated by the Club upon notice at anytime. The Club reserves the right to suspend or terminate the membership or privileges thereunder of any member with or without cause. Termination with cause would include failure to comply with any General Terms and Conditions of Membership or Rules or Regulations adopted by the Club, non-payment, or for any other reason that is reasonably determined to be within the best interests of the Club. Any member terminated without cause, at the Club s sole discretion, will receive a refund of initiation fees paid. The Club may notify the member of such suspension or termination by writing to the member at the last address shown on the records of the Club. The terminated member must promptly return all membership cards and locker keys to the Club. A suspended or terminated member remains liable for all dues and charges incurred. THE CLUB S MANAGEMENT MAY SUSPEND OR TERMINATE THE MEMBERSHIP OF ANY MEMBER WHOSE ACCOUNT IS 60 DAYS IN ARREARS. RULES AND REGULATIONS 1. Waiting List. If membership has reached the limit set by management, new applications will be reviewed and when approved for membership, may be placed on a waiting list. When a membership is available, the new applicant will be eligible for membership under the General Terms and Conditions and Membership Fees and Dues Structure in effect at that time. 2. Registration. Members must check in and present their membership card at the Reception Desk each time they use the Club. 3. Guests. Guests may use the Club only when accompanied by a member and must register at the Reception Desk each time they use the Club. The Club will charge a guest fee each time a guest uses the Club. The Club reserves the right to limit the number of guests a member may bring to use the Club. No individual may use the Club as a guest on more than two occasions per month, and no more than twelve occasions per calendar year. Members of the Club are responsible for the appropriateness of attire and conduct of their guests. Members who fail to register their guests and/or fail to pay the required guest fee are subject to fines, suspension or expulsion from the Club. 4. Children. Members must abide by all regulations concerning children in the Club. A parent or guardian must be in direct control and supervision of all children unless they are in the Children s Center or participating in a Club-supervised program. 5. Reservations and Sports Usage. Courts and tee times may be reserved by a Member. The Club shall, from time to time, determine how many days in advance such members may reserve courts or tee times. Members may book one sport reservation per day. Couple and family memberships may book up to two sports reservations per day. Other sports usage policies and cancellation fees may apply. 6. Attire. All participants using the Club must wear proper attire. Members and guests must wear proper footwear on all courts. Club management may prohibit the use of any equipment. The Club recommends that all members and their guests wear proper eye guards when using the courts. 7. Accounting and Billing. Statements are sent to members on a monthly basis. Accounts not paid in full by the payment due date are past due and are assessed a late payment charge as liquidated damages because actual damages are difficult to assess. The Club may pursue collection of all amounts due by legal or equitable remedies, and the member agrees to pay all reasonable fees as permitted by law in the collection of such amounts. 8. Privacy Policy: All use of personally identifiable information relating to Members, and applicants for membership, that is provided to, or otherwise acquired by, the Club shall be used, shared, and stored in accordance with the Club s Privacy

5 GENERAL TERMS AND CONDITIONS OF MEMBERSHIP CONTINUED Policy, a copy of which is located at which is subject to being updated from time to time by the Club (the Privacy Policy ). By signing below, Member (or applicant, as applicable) hereby expressly consents to the collection, use, sharing and storage of his/her personally identifiable information in accordance with the Privacy Policy. Members may have access to the personal information of other members, which may be published within the Club with their permission. Members may not solicit based on this information, nor share this information at any time with anyone. 9. Damages. The member must pay for any damages to Club property caused by the member, member s guest or dependent children. 10. Leave of Absence. Members may apply for a Leave of Absence if they are to be out of the area three consecutive months or more, or are unable to use the Club because of prolonged illness or injury. Leave of Absence is available only at certain Bay Club properties and for select membership types. Presently, Club West memberships are not available for a Leave of Absence. Members must complete a Leave of Absence Request Form prior to the desired leave period, and must accompany such request with their membership card and full payment of their account balance. The dues of a Member on an approved Leave of Absence are reduced to an amount equal to one third of the prevailing dues for the applicable membership classification. 11. Programs. From time to time, the Club provides a venue for various events, seminars, lectures and other activities provided by outside third parties with which the Club has no affiliation. These activities are provided as a service for the general interest and information of the members. The Club does not verify any information which these outside third parties may provide, nor does it endorse or sponsor any of the providers or products. 12. Financial and Legal Responsibility. Both adult parties to the membership are jointly and severally liable for all dues, charges and obligations incurred on the membership account. Both adult parties to the membership shall be legally responsible for each Member s acts and omissions, as well as those of such Member s spouse, children, designees and guests. Business memberships in all membership classes shall terminate upon the dissolution, liquidation, or cessation of the legal existence of the business. 13. Cancellation. Division of Membership. Any party may elect to cancel his/her portion of the membership in accordance with the General Terms and Conditions of Membership. In the event that only one (1) of the parties to the membership desires to cancel the membership, the remaining Member will retain the prevailing value of the membership. Should the parties choose to cancel and divide the existing membership, division of the membership will be based on equitable division of the prevailing value of the membership. In the event of the divorce or separation of spouses having membership privileges under either a Family or Couple Membership, the membership, including all its rights and benefits will vest solely in the spouse awarded the membership by an agreement of separation or a decree of divorce. A full description of this membership policy is located on page 12 of the Membership Guidelines under Legal Separation or Divorce of Married Members. Under no circumstances will the prevailing value of the membership exceed the initiation fee amount paid to the Club. Initial Initial AMENDMENTS OF GENERAL TERMS AND CONDITIONS OF MEMBERSHIP The Club reserves the right to require proof of the Category of Membership requisites, and to change such definitions and requirements at any time, at its sole discretion. 1. The Club may amend the preceding General Terms and Conditions of Membership, including Rules and Regulations, and Club Information and Guidelines from time to time. Additionally, the Club may adopt or amend other rules, regulations, or policies not herein covered. All Members and guests agree to comply with such rules, regulations, or policies. I have read and fully understand the terms and conditions of the Membership Agreement and I agree to abide by the General Terms and Conditions of Membership. RECEIPT OF COPY OF THE AGREEMENT: I acknowledge that I have received a copy of this Agreement at the time of signing. SIGNATURE: DATE: SIGNATURE: DATE: V

6 RELEASE AND WAIVER OF CLAIMS OF MEMBERSHIP For and in consideration of access to, and/or use of, the Club Facilities, defined as any and all Bay Club locations (existing now or later acquired) including, without limitation to, the parking lot, walkways, ingress/egress to the Club, the cardiovascular equipment, strength training equipment, fitness training and programs, pools, courts, golf courses, social spaces, spas, cafes, kids facilities and business offices. WAIVER OF CLAIMS 1. The Member expressly agrees that all use of the Club facilities, exercise equipment, exercise machines, courts and any transportation provided by the Club is undertaken by the Member or Member s guest at his/her sole risk. 2. The member further agrees that the Club is not liable for any injuries or damages to any member or guest, or the property of any member or guest. 3. The member agrees that the Club is not subject to any claim, demand, injury or damages whatsoever, including, without any limitation, those damages resulting from acts of active or passive negligence on the part of the Club, its owners, officers, agents or employees. 4. The member, for himself/herself and on behalf of his/her executors, administrators, heirs, assigns and successors, does hereby expressly forever release and discharge the Club, its owners, officers, employees, agents, assigns and successors from all such claims, demands, injuries, damages, actions or causes of action. 5. The member agrees that the Club is not responsible or liable to members or their guests for articles damaged, lost or stolen in or about the Club, or in lockers, or for loss or damage to any property including, but not limited to, automobiles and the contents thereof. Members and their guests agree not to store any valuable items in lockers and to use the lockers provided solely for temporary clothing storage. RELEASE I do hereby assume full responsibility for any and all damages, injuries, (including death) or losses that I may sustain, if any, while attending, practicing, participating or witnessing in any Club exercise program, sport or physical activity occurring in or about the Club premises. I hereby assume full risk, waive any claims, and release and hold the Club, its owners and its employees, individually or otherwise, harmless for any and all claims for injuries or damages. In consideration of my participation in the use of the Club s facilities, I hereby release and covenant not to sue the Club, its owners, shareholders, directors, officers, employees, representatives, agents and lessees from any and all present claims resulting from ordinary negligence and inherent risk of use of the facilities and equipment of the Club including, but not limited to, any loss, injury, damage or liability sustained by me while on or about the premises of the Club. BINDING ARBITRATION Membership with The Bay Club Company is subject to Binding Arbitration. This agreement to arbitrate constitutes a waiver of any right that you or the Club may have to litigate any Claim in Court with a judge or jury trial. This Agreement is the exclusive method to resolve any claims, dispute or controversies that you and The Bay Club Company may have arising out of your Membership. I have read and fully understand the above release and waiver of claims and that I have given up substantial rights by voluntarily signing this waiver. RECEIPT OF COPY OF THE RELEASE AND WAIVER OF CLAIMS I acknowledge that I have received a copy of this Release and Waiver of Claims at the time of signing. SIGNATURE: DATE: V