SAMPLE MEMBERSHIP AGREEMENT 1
Transcription
SAMPLE MEMBERSHIP AGREEMENT 1
SAMPLE MEMB ERSHIP AGREEMENT MEMBERSHIP AGREEMENT 1 MEMBERSHIP AGREEMENT (Individual) This agreement is a Membership Agreement under _____________________Membership Plan (as amended, modified or supplemented from time to time, referred to hereinafter as the “Membership Plan”). Capitalized terms used and not otherwise defined in this Membership Agreement have the respective meanings given in the Membership Plan. I. INFORMATION A.PERSONAL Applicant’s Name Mr. Mrs. Ms. Birth Date Spouse’s Name Mr. Mrs. Ms. Birth Date Home Address Telephone Home Telephone Secondary Cell Phone E-mail Address Spouse’s E-mail AddressSpouse’s Cell Phone B. BUSINESS Company Name Title Company Address Telephone E-mail AddressWebsite Spouse’s Company Name Title Spouse’s Company Address Telephone E-mail Address Website Please send Club mailings to (please check appropriate box): Following Address Preferred Club E-mail Address: 2 MEMBERSHIP AGREEMENT Home Address Business Address C. MISCELLANEOUS INFORMATION (Please check appropriate box) I would like my name and contact numbers added to the Club Roster. Yes No I would like to subscribe to the electronic golf newsletter (providing latest Pacific Links news and golf tips). Yes No I would like to receive Club specific information regarding events and activities. Yes No D. OPTIONAL INFORMATION (Please check appropriate box) Marital status: Married Single Children:YesNo Number: Number Living at Home: Primary Residence: Own House Own Townhouse or Condominium Rent House Rent Townhouse or Condominium Annual Household Income: $150,000 to $199,000 Under $50,000 $50,000 to $89,000 $90,000 to $149,000 $200,000 or over Education: (check highest completed) University/College Graduate Some University/College Advanced Degree E. IMMEDIATE FAMILY MEMBERS UNDER MEMBERSHIP PLAN Immediate Family Members: (significant other and unmarried children under the age of 25 of Member Applicant (referred to and defined hereafter), spouse or significant other) Name Relationship Birth Date 1. 2. 3. 4. 5. 6. MEMBERSHIP AGREEMENT 3 II. PURCHASE OF MEMBERSHIP A.PERSONAL The undersigned (herein the “Member Applicant”) hereby acquires a membership in the Club in the category indicated below (please check the appropriate box). MEMBERSHIP CATEGORY Full Golf Membership Sports/Social Membership Young Executive Membership MEMBERSHIP FEE $_____________ $_____________ $_____________ The Member Applicant hereby agrees to pay the Membership Fee for the membership selected as follows (please check the appropriate box): The Membership Fee will be paid in full upon submission of this Membership Agreement. The Membership Fee will be paid in installments as follows: (i) $_________________ upon the submission of this Membership Agreement; and (ii) $________________ each month thereafter for _______ consecutive months. The monthly installment payments will be included on the Member Applicant’s monthly Club statement and will be payable along with dues, fees and charges. The installment payments include interest on the unpaid balance of the Membership Fee at the interest rate of ___% per annum. In the event of a failure to pay any installment payment when due, the subject membership will automatically be deemed to have been resigned. No additional installment payments will be required, however, the Member Applicant shall remain liable for any amounts owed on the Member Applicant’s Club account. In addition, no further use of the Club Facilities, and if applicable based on the Member Applicant’s category of membership, the Associate Clubs or Affiliate Clubs, will be permitted under the membership. The Member Applicant agrees to pay any sales tax or other applicable tax in connection with the payment of the Membership Fee. The Membership Fee paid hereunder is non-refundable under any circumstances except as otherwise expressly provided in the Membership Plan. If a Young Executive Membership has been selected, provided all installment payments have been timely paid, the Young Executive Membership shall be converted to a Full Golf Membership when the Member Applicant reaches the age of 40. Membership in the Club is subject to approval by the Company in its sole discretion. Upon the Member Applicant signing this Membership Agreement, the Member Applicant authorizes the disclosure and release of information requested by the Company for investigating the Member Applicant’s qualifications for membership, including without limitation, the Member Applicant’s credit history and law enforcement records. The Member Applicant agrees to hold the Company, any manager of the Club Facilities, their affiliates, and their respective directors, officers, partners, members, shareholders, employees, representatives and agents, and all parties providing information harmless from any and all such acts. The Member Applicant further agrees that all information and communications received in connection with this Membership Agreement are confidential and not subject to disclosure to the Member Applicant or to any other person other than authorized Company representatives, except as required by law. 4 MEMBERSHIP AGREEMENT III. PAYMENT OF DUES, FEES AND CHARGES The Member Applicant hereby agrees to pay to the Company the applicable membership dues, food and beverage minimums, fees and charges together with any applicable sales tax, or other taxes with respect thereto. The current amount of dues is described on a separate Schedule of Dues, Fees and Charges and is subject to change. The Member Applicant is also responsible for the payment of all fees and charges incurred by Immediate Family Members, Extended Family Members and guests. The Member Applicant can elect to have dues, fees and charges (i) billed to a credit card on file with the Company and paid by the credit card company, (ii) billed to a debit card on file with the Company and paid by the debit card company, (iii) paid by the Club’s debiting of an account at a bank or other financial institution on file with the Company, or (iv) billed to the Member Applicant’s Club account and invoiced to the Member Applicant by the Company. Regardless of the option selected, the Member Applicant understands that the Member Applicant is obligated to keep a valid approved credit card on file with the Company at all times and the Member Applicant authorizes the Company to charge dues, fees and charges which become delinquent as provided in the Club Rules and Regulations (as amended, modified or supplemented by the Company from time to time, the “Rules and Regulations”) to such credit card (see Appendix 1 attached hereto). The Member Applicant also understands that the Member Applicant is responsible for any amounts that are not paid by the credit card company, and if applicable, the debit card company or bank or other financial institution. Please check the appropriate box and provide any related information on Appendix 1 for the desired option. Credit Card Authorization. The Member Applicant hereby requests that all dues, fees and charges be billed to the Member Applicant’s credit card listed on Appendix 1 and hereby authorizes such billing. Debit Card Authorization. The Member Applicant hereby requests that all dues, fees and charges be billed to the Member Applicant’s debit card listed on Appendix 1 and authorizes such billing. Account Debit Authorization. The Member Applicant hereby requests that all dues, fees and charges be debited from the bank or other financial institution account listed on Appendix 1 and hereby authorizes such debiting. Club Account. The Member Applicant hereby requests that all dues, fees and charges be billed directly to the Member Applicant through the Club account. If Credit Card Authorization, Debit Card Authorization or Account Debit Authorization is selected and payment is not timely received, the Company will charge an administrative fee in the amount determined by it from time to time. In the event that any amounts owed to the Company are not paid on a timely basis, the Member Applicant understands that the Member Applicant may be subject to a late payment charge as well as certain disciplinary action, in accordance with the Rules and Regulations. MEMBERSHIP AGREEMENT 5 IV.MISCELLANEOUS The Member Applicant hereby acknowledges receipt of the Membership Plan and the Rules and Regulations and that the Member Applicant has read and understands them, and agrees to be bound by the terms and conditions thereof as the same may be amended, modified or supplemented from time to time by the Company. The Member Applicant further acknowledges that the Member Applicant is not relying on any oral representations in acquiring a membership in the Club. The Member Applicant hereby acknowledges that the use of the Club Facilities, the Associate Clubs, the Affiliate Clubs or any other Pacific Links clubs and any privilege or service incident to membership is undertaken with knowledge of risk of possible injury. The Member Applicant hereby accepts any and all risk of injury to the Member Applicant, and the Member Applicant’s family members and guests, sustained while using the Club Facilities, the Associate Clubs, the Affiliate Clubs or any other Pacific Links clubs, or while involved in any event or activity incident to membership in the Club. The Member Applicant agrees to release and to indemnify the Company, any manager of the Club Facilities, their affiliates, their successors and assigns and their respective directors, officers, partners, members, shareholders, employees, representatives and agents in accordance with the provisions of the Rules and Regulations. All issues and controversies arising out of this Membership Agreement shall be governed by the laws of the state in which the Club Facilities are located without regard to conflict of laws principles. The prevailing party in any litigation, arbitration or other dispute resolution shall be awarded attorneys’ fees and costs. The Company may pledge or assign this Membership Agreement. Dated Member Applicant’s Signature Printed Name This Membership Agreement shall not be binding on the Company until the acceptance below is signed. “COMPANY” By: , as Authorized Signatory for the Company By: Authorized Representative Printed Name: Date: FOR INTERNAL USE: Club Joined: Membership Type: Membership Fee: Deposit: Financing Term: Membership #: Membership Consultant: 6 MEMBERSHIP AGREEMENT APPENDIX 1 [Must be completed] The Member Applicant certifies that the below listed card is issued to the Member Applicant and agrees that all disputes on the credit card account relating to the Club will be promptly brought to the Company’s attention. Credit Card Type (VISA, Mastercard or AMEX only) Card Number Card Security Code (CSC) Exp. Date Billing Zip Code Name on CardCardholder Signature [Complete if Debit Card Authorization box has been checked] The Member Applicant certifies that the below listed card is issued to the Member Applicant and agrees that all disputes on the debit card account relating to the Club will be promptly brought to the Company’s attention. Debit Card Type Card Security Code (CSC) Card Number Exp. Date Billing Zip Code Name on CardCardholder Signature [Complete if Account Debit Authorization box has been checked] The Member Applicant certifies that the Member Applicant is an authorized signer on the account shown below and agrees that all disputes on the account relating to the Club will be promptly brought to the Company’s attention. Account Number Account Type Name of Institution Routing Number Account Holder Signature * Member Applicant acknowledges and agrees that amounts owed can be charged to the credit card, debit card or deducted from the bank or other financial institution account by the Company on the date of the Club’s statement. MEMBERSHIP AGREEMENT 7