BROOKLINE PLATFORM TENNIS CLUB, LLC
Terms & Conditions of Membership:
I hereby agree to abide by and adhere to the following terms and conditions of membership:
1. Privileges and Limitations. As a Member in good standing, I shall be entitled to the use of the Club’s facilities and involvement in all Club activities and usage privileges as established by the Club.
2. Activity. The Club provides facilities to participate in playing platform tennis as well as the online resources to schedule and organize play. Members may partake of such resources within reasonable limitation.
3. No Transferability. I understand my Membership is not transferable or refundable.
4. Commitment. My Membership with the Club shall renew yearly on September 30. Membership dues must be paid on or before that date each year. I hereby obligate myself to the payment of the Membership fee.
5. Family Membership. If I purchase a Family Membership, it shall entitle me, my spouse, and any number of my children under the age of twenty-one (21) who live with me at my residence, to make use of the Club’s facilities and activities.
6. Acknowledgement of Risk. I understand, for myself and/or my child, and am aware that participation in platform tennis and other activities administered by the Club may be hazardous activities that may have inherent dangers and risks. I realize that injuries are a common and ordinary occurrence of this activity. I agree for me and/or my child, to release from liability, forever discharge, indemnify, defend, and hold harmless the Club, its owners, officers, directors, volunteers, employees, affiliates, agents and assigns, from any and all loss or damage to me, my person, my child, my property, or my child’s property resulting from the Club’s negligence. I understand that the Club is not responsible for the consequences that may befall me during Club activities as a result of the negligence or any failure to use reasonable care in any way by me or by another. I acknowledge that I am freely and expressly assuming and accepting any and all risks of property damage, personal injury and death as a condition of being allowed to use the Club’s facilities and premises. If I rent equipment from the Club or any other entity for use in Club activities, I accept full responsibility for the care of such equipment and acknowledge and accept any risk of personal or financial harm as a result of such activity. The Club has made no representations to me regarding the safety or danger of such equipment. I explicitly indemnify the Club from any damage or harm resulting from using such equipment.
7. Rules and Regulations. I agree to be bound by the Club rules and regulations as established and as may be amended and/or instituted by the Club from time to time.
8. Release of All Claims. I agree to review, sign, and abide by the terms of the Club’s Release of All Claims. I verify that I have had sufficient time to review the Release and consult with independent legal counsel, that I understand its meaning, and that I sign it in exchange for the Club allowing me to join as a Member.
9. Board of Governors. The Club is operated and overseen by the Club’s Board of Governors (the “Board”) and governed by the Club’s Operating Agreement. The Board establishes the rules and regulations of the Club, determines who is admitted to membership and oversees all activities of the Club.
10. Recallable Membership. The Club has the absolute right and discretion to recall my Membership at any time at the discretion of the Board. If the Club exercises its right, I remain obligated and promise to pay any dues and charges due at that time. In the event dues are paid in full for any time period cancelled by such recall, the Club will issue me a pro-rata refund based on the number of months of active Membership.
11. Interpretation of Agreement. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts. The Article headings used in this Agreement are for convenience of reference only and shall not affect the construction of the Agreement.
12. Severability. Each Article of this Agreement shall be and remain separate from and independent of and severable from any and all other Articles herein except where otherwise indicated by the context of the Agreement. The decision or declaration that one or more of the Articles are null and void shall have no effect on the remaining Articles of the Agreement.
13. Guests All member’s guests including family who may use the Club’s facilities must sign the Brookline Platform Tennis Club “Release of All Claims” before using the Club’s facilities.
14. Integration. This Agreement constitutes the entire contractual arrangement by and between the parties. The terms of this Agreement may be waived, altered or amended only by an instrument in writing duly executed by both the Club and me.