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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:
Enrollment Fee: Upon Member’s execution, not 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.
Membership
“The Blakk Co.” hereby grants to Member, and Member hereby accepts from “The Blakk Co.”, the following Membership:
[] Blakk Original “Single”
[] Blakk Crew “Multi-Member of 4”
The Membership will begin on the Effective Date of this Agreement and will terminate immediately upon the termination of this Agreement.
Terms
The “Initial Term” of this Agreement shall begin on the Effective Date and continue for 12 months thereafter for BLAKK ™ Memberships on a monthly reoccurring 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.
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.
Membership Benefits
The benefits that accompany each type of Membership as of the Effective Date are listed 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 The Blakk Co Facilities
Member acknowledges, fully understands, and agrees that “The Blakk Co.” has the right to do “timed-entry” access Club Facilities.
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 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 Membership, 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.”
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.
Exhibit A
Membership Fee Schedule*
TYPE
Single $39
* All prices are monthly and do not include taxes
“The Blakk Co.” MEMBERSHIP BENEFITS
As noted under Section 9 of the Agreement to which this Exhibit is attached, “The Blakk Co.” reserves the right to modify the above benefits, with advance notice. Any such modifications may be applied to the specific Membership that was purchased under the Agreement only as of the Anniversary Date of the Agreement.
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