Member Agreement
THIS BLAKK Co. MEMBERSHIP AGREEMENT (“Agreement”) is entered into as of the day of agreement submission between (“The Blakk Co.”) and (“Member”).
The Blakk Co. operates facilities generally located at 3634 Main St., Kansas City, Missouri 64111, collectively known as “BLAKK ™” (“The Blakk Co.”).
Member wishes to purchase from “The Blakk Co.”, and “The Blakk Co.” desires to sell to Member, an exclusive membership to use the “The Blakk Co.” Facilities, which is referred to throughout this Agreement as the “Membership”.
In exchange for, and in consideration of, Member’s payment of the Enrollment Fee and Member’s timely payment of Membership Fees, and in further consideration of the mutual promises and covenants set forth in this Agreement, the parties hereby agree as follows:
The Membership will begin on the Effective Date of this Agreement and will terminate immediately upon the termination of this Agreement.
“The Blakk Co.” hereby grants to Member, and Member hereby accepts from “The Blakk Co.”, the following Membership
MEMBER ACKNOWLEDGES THAT MEMBER IS ACQUIRING A MEMBERSHIP FOR THE SOLE PURPOSE OF OBTAINING SOCIAL BENEFITS AND RECREATIONAL USE OF “THE BLAKK CO.” FACILITIES, AND NOT AS AN INVESTMENT OR WITH ANY EXPECTATION OF MAKING A PROFIT OR DERIVING ANY OTHER BENEFIT FROM THE MEMBERSHIP.
Enrollment Fee
Upon Member’s execution of this agreement, the member shall pay “The Blakk Co.” an enrollment fee in the amount of $99 for the setup of a BLAKK ™ Membership. (Club Membership is exempt from this fee.) This fee is for administrative purposes and is completely non-refundable.
Term
The “Initial Term” of this Agreement shall begin on the Effective Date and continue for 12 months thereafter for BLAKK ™ Memberships on a monthly recurring basis, unless and until this Agreement is terminated.
This Agreement shall automatically renew for subsequent 12-month “Renewal Terms” for BLAKK ™ Memberships. Each Renewal Term shall commence on the anniversary of the Effective Date (the “Anniversary Date”). The “Term” of this Agreement includes the Initial Term and each Renewal Term.
This Agreement is a binding contract between Member and “The Blakk Co.” during the entire Term. Member fully understands and agrees that, during the entire Term, the Member is responsible for the timely payment of all Membership Fees and any other fees or charges related to the Membership.
Membership Fee
Member agrees to pay the Membership Fee as set forth in the Membership Fee Schedule, which is attached to and made part of this Agreement as Exhibit “A”. The Membership Fee is “locked-in” and will not change during the initial 12 months of this Agreement. “The Blakk Co.” reserves the right, and has sole discretion, to increase, decrease, change or modify the Membership Fee Schedule at any time with advance notice.
Other Charges or Fees
The Membership Fee does not include any fees that may be charged in connection with any programs, events, activities, facilities, or services that are not included with the Membership, as specifically described under this Agreement.
For example, if “The Blakk Co” or any individual that is employed or retained by “The Blakk Co.” (i.e. fitness trainer or golf instructor) offers any program, event, activity, facility or service that is not specifically included with the BLAKK ™Membership, the Member must pay any fees that may be charged in connection with such program, event, activity, facility or service.
Membership Payments
Member agrees to pay all Membership Fees, and any other fees and charges, on or before the date such fees and charges are due. Member will pay a late fee of $35.00 per month on any past due fees or charges. Member further agrees that if Member is delinquent in paying any amounts due past (30) days, “The Blakk Co.” may immediately suspend or terminate the Membership, and “The Blakk Co.” shall be entitled to recover from Member all costs and expenses that “The Blakk Co.” reasonably incurs in attempting to collect such past due amounts, including, without limitation, collection costs, attorney fees, and court costs, whether or not suit is filed.
Credit Card/ Bank Account Charges
During the entire term, Member must maintain on file with “The Blakk Co.” valid information regarding a credit card account to which “The Blakk Co.” may charge, or valid information regarding a bank account from which “The Blakk Co.” may debit, any and all charges or fees related to the Membership. Upon Member’s execution of this Agreement, Member shall provide “The Blakk Co.” with either a completed Credit Card Authorization permissions.
Membership Use
The Member’s use of his Membership shall, at all times, be subject to the terms and conditions of this Agreement, as well as Club Rules and Regulations, which may be revised by “The Blakk Co.” from time to time. By signing this Agreement, Member acknowledges Member’s receipt of such Rules and Regulations and
agrees to be bound by and fully comply with the terms and conditions of such Rules and Regulations, as they may be amended, and to be responsible for compliance with such Rules and Regulations by Member’s family members and guests. (“The Blakk Co.” Club Rules and Regulations are also available online at www.theblakkco.com)
Membership Benefits
The benefits that accompany each type of Membership as of the Effective Date are listed under the Membership benefits HERE
Membership Fee Schedule
“The Blakk Co.” reserves the right to modify such benefits at any time with advance notice; provided, however, that any such modification may be applied to the specific Membership that was purchased under this Agreement only as of the Anniversary Date of this Agreement.
Membership Transfer/Assignment
Member acknowledges, understands, and agrees that the Membership may NOT be transferred, sold, traded, pledged, or assigned in any manner whatsoever.
Assumption of Risks and Indemnification. Upon Member’s execution of this Agreement, Member shall also sign the “The Blakk Co.” Release and Waiver of Liability and Assumption of Risk Agreement, which will be provided by “The Blakk Co.”
Availability of Facilities
Member acknowledges, fully understands, and agrees that “The Blakk Co.” has the right to do “timed-entry” access Club Facilities. Members are encouraged to go online to select a timed entry in which they would like to access the club. “Timed-Entry” access is based upon a first-come-first-serve basis.
Such “timed-entry”, may occasionally restrict access times to the Club, which may delay or restrict the Member’s ability to use some or all of the “The Blakk Co” Facilities. “The Blakk Co.” will make every reasonable effort to post, on the Club website, no less than (24) hour advance notice of any such access limitation to the Club. “The Blakk Co.” may close all or any portion of the Wolf Creek Facilities on any given day and at any time due to inclement weather or other natural forces, or for maintenance, safety, or emergency purposes as solely determined by “The Blakk Co.”.
No Vested Interest
Member acknowledges and understands that the Membership grants the Member an exclusive Membership to use the “The Blakk Co.” Facilities but does not give the Member any ownership or vested rights in or to “The Blakk Co.” Facilities or, and does not give the Member any right to participate in management or control of “The Blakk Co.” Facilities.
Member shall not be not subject to any operating or capital expenses or assessments related to operation or maintenance of “The Blakk Co.” Facilities. Member also acknowledges and understands that “The Blakk Co.” Facilities will be open for use by the general public and may be used by individuals who do not hold a Membership.
Termination/Suspension/Change of Membership
“The Blakk Co.” may terminate Memberships at least 30 days prior to the end of their 12-month Renewal Term. Club Members may terminate Memberships at any time. Such termination must be in writing and will be effective thirty (30) days after “The Blakk Co.” receipt of such notice of termination, or at the end of the 12-month Renewal Term.
Voluntary suspension of Club Memberships only will be billed at $25 per month to avoid Enrollment Fees and future price increases. Upon Member’s termination or suspension of the Member-ship, Member shall not be entitled to any refund of the Enrollment Fee or any Membership Fees or any other charges or fees that Member may have paid in connection with the Membership.
Member may change his Membership at any time during the Term of this Agreement. Member must pay any Enrollment Fees and any changes in Membership Fees that may be associated with such change in his Membership as determined by “The Blakk Co.”
Club Rules
Members are required to present their membership cards whenever requested to do so by employees of the Club in performing their employment responsibilities.
Members and guests must observe the parking lines in the parking area; any motor-driven vehicle improperly parked or blocking driving lanes will be removed at the owner’s expense.
The Club can assume no responsibility or liability for any article of personal property lost or stolen on the club premises.
The Club shall not be responsible for the loss of property from lockers used by members or guests nor for other loss, damage, or injury sustained by members or their guests in the Clubhouse or on the Club premises.
Any member breaking or damaging or removing any property of the Club (including table decorations) from the Club premises will be asked to pay the cost thereof, or to replace it.
There shall be no loud, boisterous, or profane language used by any person on the premises or in any room or facility of the Club.
Members are responsible for the personal conduct of their guests while such persons are on the grounds of the Club. Any conduct of a member or the guest of a member unbecoming of a lady or gentleman will be reported to the Club Personnel for appropriate action as outlined in the by-laws.
The staff of BLAKK ™ has the authority and responsibility for enforcement of the Club rules, regulations, policies, and procedures. Additionally, it is their responsibility to take disciplinary action against any and all members for violation of said rules, regulations, policies, and procedures. This action will normally be in the form of a letter from the committee for first or minor infractions. Additional or more serious infractions will result in forfeiture of membership.
Dogs and other pets will not be permitted on the Club premises, with the exception of documented and verified service animals.
No member or guest shall give or offer any member alcoholic beverages at any time. No outside cups, food, or drink are permitted inside of the club.
Members are not allowed to fraternize with the staff of the Club
No member or guest will be permitted to enter the bar area
Smoking is prohibited in any part of the Club.
If a member wishes a BLAKK ™ Pass for club admittance, this can be accomplished by means of a telephone call from the member, to the Club Concierge Team
Members may be issued a BLAKK ™ Pass for a period of one day in each calendar month with a limit of 12 per year. BLAKK ™ Passes will be issued in conformity with the Club. Members are responsible for the conduct and charges of their guests. Guests may not enter the Club without the member.
The dress code must be adhered to. Proper attire must be worn at all times, this expectation is that all members dress in compliance with a Gentlemen’s Club.
All members must be able to present their BLAKK ™ card when it is requested at the club. In order to receive a patron discount, the patron card must be present with each transaction.