MEMBERSHIP AGREEMENT

Billing

In consideration of my desire to join the Potomac Swim and Tennis Club (“The Club”) I, (“Member”) agree to purchase the selected membership (membership type) according to the terms and conditions of this Agreement and all Club policies. I agree to make the payment(s) described above and hereby authorize The Club or its assignee(s) to debit or charge my account listed below for all dues and/or charges that I have incurred as long as this Agreement remains in effect.  I understand that if at any time I decide to cancel my Club Membership, I must provide the Club with written notice of my intention to cancel, and the balance due on my membership, if any, will be charged immediately.

Auto Renewal

Your Membership shall last for one season, and shall auto-renew annually on April 1st of each year. In the event that you have elected an installment payment option, and payment of your monthly dues fails or is rejected, your Club Membership will be placed on hold until the monthly fee is remitted in full. You may cancel your Club Membership upon receipt of written notice, and in the event of cancellation, you will be charged the balance, if any, of your annual membership dues and initiation fees. Failure to utilize the services of the Club does not imply intent or desire to cancel your Club Membership and you shall continue to be responsible for payment of all dues. The Club reserves the right to terminate the Club Membership of any Member for violation of Club policies.

 Acknowledgement

By proceeding with your enrollment, you acknowledge that you are of legal age, have reviewed completely this Agreement along with the Terms and Conditions, agree to all the terms and conditions contained herein, and acknowledge that the Club has not expressed or implied any warranty or representation other than those contained herein. You acknowledge that the Club is not offering, and this Agreement is not a contract for services related to: instruction, training or assistance in bodybuilding, exercising, fitness, weight reducing, figure development, any martial arts, personal training, or any similar course of physical training.

Terms and Conditions

Article I

Membership

Section 1 – Provisions

The classification of Members, the amount of dues payable by the Members of each class, the amount of initiation fees, the suspension and expulsion of Members, and all other matters affecting or relating to the Members or membership shall be under the complete control of The Club. The dues applicable to any type of membership and any other charges imposed by The Club may be amended at any time without notice.

Section 2 – Nondiscrimination

It shall be the policy of The Club to accept applications for membership from any individual or business group of good character and responsible credit background without regard to race, creed, color, sex or national origin.

Section 3. Member Classifications

An Individual Tennis Only or Single Membership is designated to a single individual. A Senior or Legacy Membership is designated to two individuals cohabitating and being billed to one account, and proof of co-habitation satisfactory to Club may be required for eligibility. A Family Membership is designated to married couples, or a single parent with children under the age of 23 years, who reside in the same home and being billed to one account. Proof of co-habitation or proof of residency and/or familial relationship satisfactory to Club may be required for eligibility.

Article II

Processing Fees and Other Charges

Section 1 – Initiation Fees

All Members shall pay a nonrefundable and nontransferable Fee. The amount, manner and time of payment shall be established by The Club and may be changed from time to time.

Section 2 – Dues

The Club shall, from time to time, determine the amount and terms of payment of dues which shall be payable by the Members on or about the first (1st) of the month. The obligation to pay dues is not dependent on the availability of all The Club’s facilities for member use. Activities, repairs and/or maintenance of facilities may make it necessary for The Club to restrict use of one or more facilities or to temporarily close The Club which will not reduce or suspend the memberships’ obligation for payment of dues unless otherwise stated herein or required by law.

Section 3 – Late or Returned Item Charges

Payments for bills rendered that are not received by the tenth (10th) of any month will be considered delinquent and will be assessed a late charge of $10.00 per payment missed. A $25.00 fee will be assessed to any Member for a returned check or credit card draft as a result of insufficient funds, account closed, etc.

Section 4 – Delinquent Accounts.

Members failing to make payment within thirty (30) days will be classified as delinquent and will be responsible for all collection costs including attorney and other collection fees.

Article III

Termination of Membership

Section 1 – Voluntary Termination

Unless otherwise stated in this Agreement or required by law, should a member wish to cancel this Agreement, he/she must give written notice thirty (30) days prior to the next billing cycle, by certified mail, return receipt requested, of his/her cancellation to The Club address listed in this agreement. The Member is encouraged to retain a photocopy of all documents.

Section 2 – Involuntary Termination

The Club, in its sole discretion reserves the right at any time to terminate the membership of any Member for any reason, including but not limited to: failure to comply with any of the Rules and Regulations adopted by The Club. A terminated Member will remain liable for all dues and other indebtedness incurred prior to receipt of the membership card by The Club.  Any pre-paid dues for unused services will be refunded to Member. The membership of any Member which is thirty days (30) days in arrears in its account to The Club may, at the option of The Club, be terminated without notice.

Article IV

ASSUMPTION OF RISK

Section 1 – Assumption of Risk

IT IS UNDERSTOOD THAT THERE ARE CERTAIN INHERENT RISKS RELATED TO THE USE AND PARTICIPATION AT THE CLUB.  THERE IS A VERY COMMON POSSIBILITY OF INJURY. FURTHERMORE, IT IS UNDERSTOOD THAT CLUB SERVICES ARE INHERENTLY DANGEROUS.  RISKS INCLUDE, BUT ARE NOT LIMITED TO, SEVERE BODILY INJURY AND EVEN DEATH.  IT IS EXPRESSLY AGREED BY THE PARTIES HERETO THAT USE OF THE CLUB SHALL BE AT MEMBER’S SOLE RISK (OR AT SOLE RISK OF MEMBER’S GUEST, AS THE CASE MAY BE).  IT IS UNDERSTOOD THAT THE SELECTION OF SERVICES, METHODS, AND TYPES OF EQUIPMENT SHALL BE MEMBER’S OR GUEST’S ENTIRE RESPONSIBILITY.  MEMBER IS RESPONSIBLE FOR EVALUATING ALL RISKS ASSOCIATED WITH THE USE AND PARTICIPATION IN PROGRAMS AND ACTIVITIES OF THE CLUB.  MEMBER’S USE OF AND PARTICIPATION AT THE CLUB IS ENTIRELY VOLUNTARY AND WITH KNOWLEDGE OF THE EXISTENCE OF KNOWN AND UNKNOWN RISKS. THE CLUB, (WHICH SHALL INCLUDE WTS INTERNATIONAL, INC., POOL PERSONNEL, INC. AND ANY OWNER OF ANY ASSOCIATED PREMISES, THEIR OFFICERS, EMPLOYEES, AGENTS, MANAGERS OR AFFILIATES) SHALL NOT BE RESPONSIBLE TO MEMBER OR ANY GUEST OF ANY MEMBER FOR EDUCATING ABOUT THE RISK OF USE OF THE CLUB. MEMBER HEREBY INDEMNIFIES AND HOLDS HARMLESS THE CLUB FROM ANY CLAIMS, JUDGMENTS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE CLUB BY MEMBER OR THEIR GUEST OR THE NEGLIGENCE OF THE CLUB.

THE CLUB SHALL NOT BE LIABLE TO MEMBERS OR THEIR GUESTS FOR ANY LOSS, DAMAGE OR THEFT OF ANY PROPERTY OF ANY KIND INCLUDING AUTOMOBILES OR ITEMS STORED IN THE LOCKER FACILITIES. THE MEMBER AGREES THAT HE OR SHE HAS THE OBLIGATION TO INFORM ANY GUEST OF THE PROVISIONS OF THIS AGREEMENT.

 Article V

Rules and Regulations

Section 1 – Registration

Members MUST check in at the desk each time they use The Club. Members may be asked to provide valid ID upon entry.

Section 2 – Guest(s)

Guests may use The Club only when accompanied by a Member and must sign in at the front desk and pay the guest usage fee determined by The Club. Members of The Club are responsible for the appropriateness of attire and conduct of their Guests. The Club reserves the right to limit the number of Guests a Member may bring to The Club at any given time.  Furthermore, The Club reserves the right to limit the number of guests that may visit The Club per year.

Section 3 – Attire and Equipment

Proper attire is required for participants using The Club. Shirts and shoes are required in all tennis courts and recreation areas. No footwear other than appropriate shoes for that activity may be worn. Street clothing, jeans, undergarments, underwear, thong style and/or revealing swimwear are prohibited at The Cub. Infants are required to wear swim diapers while in the wading pool. No attire or personal items shall be left in The Club overnight unless the Member has an assigned locker.

Section 4 – Damages.

The cost to repair damage to any property caused by a Member, or a Member’s guest shall be paid by the Member.

Section 5 – Etiquette

As a Member of The Club, it is expected the Member and their Guest abides by appropriate etiquette for fellow members and staff.  Cell phones are prohibited in changing areas.  Use of profane language or aggressive behavior will not be tolerated.  Guest should notify The Club to resolve matters, and not take measures into their own hands or confront other members.  Usage of equipment may be subject to time limitations. Additional rules throughout The Club do apply and are clearly stated throughout the facility.

Section 6 – Rules Not Inclusive

The rules contained herein are not inclusive. Additions and amendments to The Club Rules and Regulations may be made from time to time at the sole discretion of The Club. On all questions regarding the construction of The Club Rules and Regulations, the decision of The Club will be final. Members who violate such Rules and Regulations shall be subject to termination of their membership pursuant to Article IV, Section 2. A copy of The Club Rules and Regulations will be made available upon request.

Article VI

Medical Examination

Member represents and warrants that Member is in good physical condition and that he or she has no illness or communicable disease, disability, impairment, or ailment preventing him or her from engaging in active or passive exercise or that will be detrimental to his or her health, safety, comfort, or physical condition or detrimental to the health, safety or comfort of other members or guests of The Club.  If Member should develop any such illness or communicable disease, disability, impairment, or ailment during the term, Member agrees to discontinue his/her membership until he/she has received an appropriate medical release for Member’s doctor authorizing Member to continue using the facility.  The Club is under no obligation to make any further inquiry regarding the Member’s health or physical condition. All Members are strongly encouraged to have a complete physical examination by a medical doctor prior to beginning any program of strenuous new activity.