1. Members have a license to use the Club Facilities which include, but are not limited to, the swimming pool, tennis courts, fitness center, clubhouse with food and beverage facilities, men's and women's locker rooms, and the tennis pro shop. This license does not create or provide Members with an ownership or vested rights in or to the Club Facilities nor any right to participate in the management or control of the Club Facilities. The Membership conferred hereunder may not be pledged or assigned and is not transferable.
2. The Membership of an individual Member commences on the date on which Club Operator approves and accepts Member's Application, as set forth below, and shall continue in effect until terminated as set forth in these Terms and Conditions.
3. Membership is subject to payment of any agreed-upon initiation fees as well as payment of periodic dues and such other fees and charges as Club Operator may establish pursuant to the Membership Policies (collectively, "Membership Fees"), all of which are subject to change from time to time. Members are responsible for all charges incurred by Member's authorized users and guests in their use of the Club Facilities. All Membership Fees must be paid on or before the due date thereof.
4. Unless amended by the Club Operator, it is the Club policy that all goods and services rendered to and/or received by any Member and/or his/her guests by, through or associated with the Club, shall be charged to and paid by the Member's credit/debit card or check/ach info on file with the club at the time that any goods and services are rendered or received. Said services and/or goods shall specifically not be individually paid by cashat the time services and/or goods are rendered.
5. Delinquency in paying any amounts due may result in late charges, interest on the amount past due until paid at a rate determined by Club Operator (not to exceed 18% per annum), suspension or termination of membership privileges, and expulsion from membership in the Club. Sarasota Tennis Club Holdings, LLC reserves the right to suspend any membership that is delinquent for 60 days or more. In the event of any delinquency in paying any amounts due, the Club Operator shall be entitled to recover from Member late charges, interest, and all costs and expenses which it reasonably incurs in attempting to collect the past due amounts, including attorneys' fees and court costs, whether or not suit is filed.
6. Except as the Membership Policies or Addendum may otherwise specifically provide, all membership fees are non-refundable. Members have no right to a refund of the initiation fee or to have the membership repurchased, nor any other rights upon resignation or termination of the membership.
7. All cancellation requests must be received in writing or via email to the Membership Director and must provide 30 days' notice of cancellation. Member's final month bill will include prorated dues up until the date of cancellation. Amounts paid in advance are not refundable. A member may not terminate his/her membership and discontinue membership dues charges until his/her account balance has been paid. Should a member's account be delinquent for 90 days or more, Sarasota Sports Club reserves the right to submit a member's account to third parties for collection.
8. All risks associated with the use of the Club Facilities, including risks associated with use of or proximity to the tennis courts (e.g., being hit by a tennis ball) are borne by each individual Member. As consideration of entering into the Membership Agreement, each Member agrees to release and indemnify Club Operator from and against any and all losses, expenses, liens, claims, demands, and cause of action of every kind and character for death, personal injury, property damage or any other liability, damages, fines, or penalties, including costs, attorneys' fees and settlements, whether or not based on the acts or omissions of Club Operator, resulting from, arising out of or in any way connected with the use of the Club Facilities by Member, Member's family members, guests, approved designees, and their family members and guests, except to the extent that the same are the direct result of the gross negligence or willful misconduct of Club Operator or its employees. As used in this paragraph, "Club Operator" shall include Sarasota Tennis Club Holdings, LLC, their members, their respective successors, assigns, owners, members and employees and all persons, corporations, partnerships, and other entities with which they are or may in the future become affiliated. This paragraph shall survive the termination of the Membership Agreement with respect to any property damage, personal injury, or death occurring prior to such termination.
9. Member, their authorized users, and their guests, as a condition or invitation to use the Club Facilities, assume sole responsibility for their personal property. The Club Operator shall not be responsible for any loss or damage to any personal property which Member, Member's family members, guests, approved designees, or their family members or guests may use or store on the Club premises, whether in lockers or elsewhere. Members shall be liable for any property damage or personal injury at the club, or at any activity or function operated, organized, arranged, or sponsored by the Club, which member, Member's family members, guests, approved designees, or their family members or guests may cause. If Member arranges or sponsors any activity or function at the Club Facilities, the Member shall be responsible for any such damage or injury even if such damage or injury was not caused by Member. If necessary, Club Operator may charge the cost of any such damage to the Member's credit/debit card or check/ach info on file with the club.
10. The Club shall automatically charge the credit/debit card or check/ach info provided by the Member in their Membership Agreement or such new billing credit card or method as may be updated and/or provided by Member in the future on a recurring basis for the next billing period then due for Member's Membership Fees and any other costs which Member may have accrued at the club. The exact date of the billing date varies based on Club's accounting procedure and membership fees may be increased in the future, but advance notice of any increase in fees shall be provided in writing or via email to the member at least ten (10) days prior to any increase.
11. By signing the Membership Agreement, the Member authorizes this automatic renewal of this Agreement and the automatic debit/charges to the Member's designated credit card and/or checking account. All fees paid and charges made prior to member's proper termination under this section, including but not limited to any advance charges or payment for the membership term in which member terminates his/her membership are non-refundable.
12. In the event or any dispute, claim, question, or disagreement arising from or relating to these terms and conditions or the Membership Agreement, the parties hereto shall use their best efforts to settle the dispute, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other in good faith, and recognizing their interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration. Thereafter, any unresolved controversy or claim arising from relating to this agreement or breach thereof shall be settled by American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceeding shall be conducted in Sarasota Florida. Each party shall initially bear its own costs, attorney's fees and expenses and an equal share of the arbitrator administrative fees of arbitration. The arbitrator or arbitrators shall not have the authority to award punitive or other damages not measured by the prevailing party's actual damages and may not, in any event make any ruling, finding or award that does not conform to the terms and condition of this Agreement.
13. Member acknowledges that the club may alter the rules and terms governing this membership from time to time.
3600 Torrey Pines Blvd.
Sarasota, Florida 34238
941-500-CLUB
GM@SarasotaSports.com
