Terms and Conditions
Keys Paddle Club: MEMBERSHIP TERMS and CONDITIONS
1.1 Description of membership types to be referred to as member(s):
"Single membership” means one person who is named on the Keys Paddle Club Application For Membership form and for whom, following acceptance by Keys Paddle Club (‘the Club’), the Club has agreed to provide services to, in accordance with these terms.
"Couples/single parent membership" means 2 adults or 1 parent and their child(ren).
"Family membership" means 2 adults and their child(ren)
1.2 “MEMBERSHIP” means the period of time when a Member is contracted to the Club.
1.3 “SPECIFIED SERVICE” means the service provided by the Club and set out in the literature provided with these terms.
1.4 “CLUB” means Keys Paddle Club office is at PADDLE! The Florida Keys, Inc. 90773 Old Hwy. Unit 1 Tavernier, FL 33070
1.5 “REGISTRATION FEE” means the one-off payment made by the Member to the Club to cover initial administration and membership costs.
1.6 “MONTHLY PAYMENTS” means the payments due to the Club at monthly intervals throughout the Contract Term and thereafter until the agreement is terminated by either party in accordance with these terms.
1.7 “CONTRACT TERM” means the initial 12 month period from the date when the Full Member signs the Application For Membership form.
2. Agreement to these Terms
2.1 When applying for membership of the Club, the Member confirms that it has read and agrees to be bound by these Club Terms and Conditions. Upon membership being accepted, the Member will be provided with its own copy of the Club’s Terms and Conditions and they should be retained for future reference.
3. Supply of the Specified Service - use of rental kayaks and paddleboards.
3.1 The Club shall provide the use of its rental kayaks and paddleboards to the Member(s) subject to these terms.
3.2 The Club shall use its reasonable endeavours to provide the Specified Service within the advertised times.
3.3 The Club may at any time without notifying the Member make any changes to the Specified Service which are necessary to comply with any safety or other statutory requirements and/or which do not materially affect the nature or quality of the Specified Service.
3.4 Any other changes or additions to the Specified Service or to these Terms will be notified to the Member in writing by the Club in advance of those changes taking place.
4. Contract Term and Payments
4.1 Membership of the Club is for an initial Contract Term of 12 months from the date of signing the application form. A one-off Registration Fee is due on that date, followed by 11 x Monthly Payments by Standing Order and the Club will raise invoices to reflect the Payments due for the Contract Term.
4.2 Following the expiry of the Contract Term, membership and payments will continue until either party terminates in accordance with these terms.
4.3 All charges quoted to the Member for the provision of the Specified Service are exclusive of sales tax, for which the Member is liable at the prevailing rate, and these must be paid without deduction or set-off.
4.4 Unpaid dues must be paid before member can use equipment. They may pay at the store on the day of use.
4.5 If Monthly Payments are not received within 21 days of the Club requesting them, membership will be considered in terminated and the member will be removed from the club rolls.
4.6 Upon termination, a member must reapply and pay another registration fee. This is designed to work for short time vistiors who may just be spending a few weeks or months in the keys.
5.Warranties and Liability
5.1 The Club warrants to the Member that the Specified Service will be provided using reasonable care and skill as far as reasonably possible. Where the Club uses the service of any agent or third party (such as yoga instructors) the Club does not give any warranty, guarantee or indemnity in that respect.
5.2 Except in cases of death or personal injury caused by the Club’s negligence, the Club shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by the negligence of the Club or its agents or otherwise) which arise out of or in connection with the provision of the Specified Service and the entire liability of the Club under or in connection with the Specified Service shall not exceed twice the amount of the Club’s charges for the provision of the Specified Service, except as expressly provided in these Terms. This warranty is in lieu of all other terms, conditions and warranties, expressed or implied statutory or otherwise and any other liabilities whatsoever and howsoever arising.
5.3 The Club shall not be liable to the Member or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of the Club’s obligations in relation to the Specified Service, if the delay or failure is due to any cause beyond the Club’s reasonable control, and time shall not be of the essence.
6. Termination of Membership
6.1 The Member may terminate the contract by giving written notice to the Club - email is ok. If notice is given during the Contract Term, the Member forfeits all dues paid that month (no refunds)
6.2 Either party may at any time terminate the contract by immediate written notice if the other commits any material breach of these terms or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
6.3 Upon termination of this contract for whatever reason all sums owed by the Member to the Club shall become due and payable by the Member with immediate effect.
7. Membership Subscriptions Guarantee (Full Members Only)
7.1 The Club wishes for members to receive a return on their investment many times over through full involvement in the Specified Services, however, the Member retains responsibility for making the very most of the many opportunities membership offers.
8.1 Notices to the Club are to be sent to email@example.com. Notices to the Member will be sent to the email address on the application form, unless the Club is otherwise informed in writing.
8.2 No failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
8.5 The Single Registration Fee includes one member badge for the name on the Application For Membership form. The named member is the only person allowed to use the badge.
8.5 The Family Registration Fee includes two member badges for the names on the Application For Membership form. The named members are the only people allowed to use the badges.
8.6 Membership of the Club is at the sole discretion of the Club and it reserves the right to refuse membership.