MEMBERSHIP AGREEMENT TERMS AND CONDITIONS
Your membership is a contractual privilege to have your Vehicle washed monthly by Club Personnel. The products used by Club personnel, facilities, equipment and services, and participate in Club sponsored activities, programs and events (collectively the “Club Products”) offered from time to time by the Club to your type of membership during the Club’s published hours of operation. The Club reserves the absolute right without notice to add, change or eliminate any Club products or membership types and to change its hours of operation. Your membership does not entitle you to any interest or ownership in the Club or its property and confers no right to participate in the management or operation of the Club. The membership types, the amount of initiation fees, dues and other charges payable by the members, the suspension and termination of members, and all other matters affecting or relating to your membership shall be in the Club’s sole discretion.
(a) Membership Payments. You agree to pay the initiation fee and monthly dues rate set forth on the front of this Agreement. Monthly dues shall be debited from your account through electronic funds transfer system on a monthly basis and reflect the current month’s dues and the prior month’s charges. Except as stated in this Agreement, all membership fees, dues and other payments are non-refundable. You shall not be relieved of your obligations to make any such payments and no deduction or refund of dues shall be made for your failure to use the Club membership due to vacation, travel, or other personal commitments.
(b) Adjustment to Dues Rates and Other Fees. Monthly dues rates, charges and fees for services are subject to change, as deemed necessary by the Club. The Club may increase monthly dues rates by providing you with a minimum of thirty (30) days written notice. If you have a twelve (12) month paid commitment, the Club will not change the monthly dues rate during such initial twelve (12) month period.
(c) Service Charges and Late Fees. If any payment to the Club, including by check, charge or bank draft, is not honoured, or if your account is past due, the Club shall have the right to the following remedies, in addition to any other legal or equitable rights: (1) assess a service charge of $30.00 for each dishonoured transaction and require reimbursement for cost collection; (2) assess a late fee of $20.00 for all past due accounts; (3) collect the current and past due balance in any subsequent months; and/or (4) suspend or terminate this Agreement. The Club reserves the right to change these service fees and late fees at any time. All payment disputes must be submitted in writing to the Club within 120 days of the disputed charge, to the extent permitted by law. The Club may transfer this Agreement to a collections agency, and you will be obligated to pay any collection and/or legal costs incurred by the Club in enforcing this Agreement.
(a) Additional Rights to Cancellation. After the initial (3) three-day cancellation period set forth on the front of this Agreement, you or your estate may also cancel this Agreement for any of the following reasons: (1) if, upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of three (3) months; (2) if you die, in which case your estate shall be relieved of any further obligation for payment under this Agreement not then due and owing; (3) if you move your residence more than fifty (50) miles from any location used by the Club to provide services (you must provide proof of new residence); or (4) if the services of the Club cease to be offered as stated in this Agreement. Written notice of cancellation setting forth the reason for cancellation under this section shall be delivered in person or sent by certified or registered United States mail to the Club at the address in this Agreement.
(b) Cancellation by Member. You may cancel your membership at any time after the paid commitment period indicated on the front of this Agreement, by giving the Club thirty (30) days advance written notice. Such cancellation shall be deemed effective on the first day of the calendar month following the expiration of the 30-day notice period and all outstanding dues and charges have been paid to the Club. You will remain liable for payment of dues and other charges for periods prior to the effective date of cancellation. If you prepaid your membership dues or other charges, and are eligible to cancel your membership before the end of the prepaid period, the Club will refund prepaid amounts only for unused membership time. Any amounts due by you will be deducted from any refund due to you. If you cancel during your paid commitment period, you will remain responsible for paying dues for the remaining commitment period. Until you provide written notice of cancellation as stated above and make all outstanding payments, you will continue to be charged monthly dues.
(c) Cancellation by the Club. The Club may suspend or cancel your membership at any time for (1) failure to pay your monthly dues and other charges when due; (2) any other breach of this Agreement; or (3) any violation of the guidelines or other rules and regulations of the Club. The Club also has the right to cancel your membership at any time without cause. You will remain liable for payment of dues and other charges for periods prior to the effective date of cancellation. No refunds shall be made for membership dues and other charges
except as specifically provided for in this Agreement. If your membership is terminated for cause, the Club reserves the right to retain the unused portion of any prepaid amounts made by you.
4. GUIDELINES, RULES, AND REGULATIONS: You agree to abide by the Club guidelines, and all rules and regulations of the Club, as the same may be amended from time to time at the Club’s sole discretion. Any member who, in the sole determination of the Club, violates the Club’s Guidelines, rules or regulations, or is loud, offensive, uses profanity, harasses, is bothersome to other members, guests, or employees or otherwise behaves in an inappropriate or unbecoming manner, may be suspended or terminated by the Club.
5. VEHICLE CONDITION WARRANTY: You represent that you’re vehicle is in good condition preventing you from operating the vehicle or in a condition which could cause increased risk of injury to Club employees. A physical exam of your vehicle shall commence before any wash.
6. ACKNOWLEDGEMENT OF RISK: You, on behalf of yourself, and any dependent(s) and guests, represent that, you understand that engaging in having your vehicle washed by the Club has an inherent risk of minor damage to your vehicle. The Club agrees to use due care when washing your vehicle.
7. DAMAGE TO PROPERTY: You understand and agree that you shall be responsible for any and all damage to any Club property caused by you, your guests or your dependent children.
8. INDEPENDENT CONTRACTORS: From time to time the Club will make available to you and your guests the services of independent contractors. The Club does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to you or your guests for any period of time, and hereby disclaims all liability arising out of such services.
9. SEVERABILITY. If any provision or any part of any provision of this Agreement is held unenforceable, such provision or portion thereof shall be severed from this Agreement, and such unenforceability shall not affect the other provisions of this Agreement.
10. NOTICES: Please remember to inform the Club, of any address or payment changes. Any notice given under this Agreement shall be considered delivered when mailed to your address listed on the front of this Agreement or as later changed by written notice to the Club. Any notice you send to the Club shall be considered delivered only when received by the Club.
11. ASSIGNMENT: The Club may assign this Agreement in its sole discretion. You may not assign this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties respective successors and assigns.
12. COUNTERPARTS: This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be exchanged by fax or electronic means (e.g., PDF), all of which shall be binding.
13. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any discussions, offers, proposals, agreements or promises with respect thereto. This Agreement may be modified only by a written amendment signed by you and the General Manager. Employees are not authorized to make any independent agreement.
14. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. All actions arising under this Agreement shall be exclusively brought in a state or federal court in the City of Atlanta.
15. ATTORNEYS’ FEES. If any action, suit, or other proceeding is brought relating to the enforcement or interpretation of this Agreement, the prevailing party shall recover all of such party’s reasonable fees and expenses, including attorneys’ fees and expenses incurred in connection with such action. This section shall not be deemed to provide for the award of attorneys’ fees for personal injury, or non-contractual claims.