Fill and Sign the Membership Agreement Template Form

MEMBERSHIP AGREEMENT IN MEMBER BASED ORGANIZATION THIS AGREEMENT (the A Agreement @ ), is being made by and between _______________________ (the “ Café” ) and the person(s) executing this Agreement as A Member @ on the last page of this Agreement, each an adult resident of the State of ______________ ( A Member @ ). This Agreement is made and entered into as of the date this Agreement is executed by the parties hereto. Café owns and operates a facility (“Facility”) at _________________________________ (street address, city, state, zip code) . The Facility includes areas where members can work on their business dreams, brainstorm, and engage in business and academic research. Internet access at said Facility as well as beverages and snacks are part of the membership package. The shop in the Facility contains merchandise which can be purchased by members for a reasonable price. This Agreement sets forth the privileges which the Café will make available to the Member. The Café and Member do hereby agree as follows: 1. Café shall establish parameters for the acceptance of members, which may include, but not necessarily be limited to, the following: a. Completion of a written membership application (the A Application @ ) and this Agreement in such form as may be prescribed by the Café. By completion of the Application, each Member agrees to be bound by the terms of this Agreement. b. The Member shall be required to pay an initial, non-refundable membership fee of $____________and an annual membership fee of $____________. Such fees shall be payable at the time membership is granted and on an annual basis on the ____day of _______, 20___.amounts and at such times as are set forth in the Application accepted by the Golf Club. c. Café reserves the right to limit the number of members to a level it deems appropriate. d. In the event Café receives membership applications in excess of the Café’s established maximum, a waiting list shall be established. As additional memberships become available, the applicants on the waiting list will be offered membership in the order in which their applications were received. e. The Member acknowledges that membership does not give the Member an equity or ownership interest in the Café or the Facilities, nor does it give the Member a vested or prescriptive right or easement to use the Facilities. Member acknowledges that the interest acquired pursuant to this Agreement is only that of a revocable license to use the Facilities pursuant to the terms, covenants and conditions contained in this Agreement, the Rules and Regulations of the Café, and the Application. Members shall not be subject to any liability for capital or operating assessments for the costs and expenses of owning or operating the Café or the Facilities, nor shall Members be entitled to any revenues or profits relating to the ownership or operation of the Café or the Facilities. f. The Member shall pay to the Café the initial membership fee and the annual membership fees. The Café shall establish the annual membership fees for each membership year. As used herein, a “membership year” shall be the same as a calendar year, unless otherwise established from time to time by the Café. The Member shall pay the membership fees in accordance with the terms set forth in the Application accepted by the Café. The Café reserves the right to change the annual membership fees each year at its sole discretion; provided, however, that any such increase in the annual membership fees shall not exceed _____% from one membership year to the next. No Member may use the Facilities if their membership fees have not been timely paid. Failure to pay such fees when due, including any late fees or similar charges, shall be grounds for revocation of all membership privileges. 2. Membership shall be automatically renewed effective January 1 of each year, unless, prior to such date, the Member has resigned in writing mailed or delivered to the Café . Any such resignation shall be effective the first day of January following receipt of the resignation and shall not relieve the Member of any dues, fees or charges of any other nature accruing prior to such effective date, unless the Café, in its discretion, allows a refund. The Café shall not be required to return or refund the initial membership fee paid by Member upon the resignation of a Member. 3. The Member shall not have the right to transfer the Member = s membership or rights under this Agreement. 4. The Member = s membership may be suspended by the Café for a period of up to one full membership year for just cause. Just cause for suspension shall include, but is not limited to, conduct unbecoming of a member, violation of this Agreement, or violation of the Rules and Regulations of the Café, as the same may be in effect from time to time. Dues and other obligations shall continue to be due and payable during the suspension and must be paid in full when due. 5. The Member = s membership may be terminated and revoked by the Café for failure to pay membership fees when due, including any late fees or similar charges. 6 . The Member, subject to the provisions of this Agreement and the Rules and Regulations shall have the following privileges, all as more completely described in the Rules and Regulations of the Café: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 7. In order to provide a quality level of service, balance the needs of the public and operate as a private, for profit entity, the Café may from time to time establish and amend rules (the "Rules and Regulations") regarding the use of the Facilities. The Rules and Regulations shall be in writing and available at the Café. All Members must use the Facilities in accordance with the Café Rules. The Rules and Regulations shall be exclusively administered and enforced by the Café. Members shall have no authority to enforce such Rules and Regulations; only the Café may do so. The Café shall take reasonable action to enforce the Café Rules but shall not be liable for a failure to do so. 8. If a Member, or the guest of a Member, damages the Facilities, or causes personal injury while on or near the Facilities, such Member shall be liable for all claims, damages and costs arising therefrom, whether compensatory, consequential, punitive or incidental, including attorneys' fees, and the Member so responsible, or the Member whose guest was responsible, shall indemnify and hold the Café harmless therefrom, to the greatest extent allowable by law. 9. To the greatest extent allowable by law, Café shall have no liability for physical damage, theft, loss or personal injury to Members or their guests in any way arising from the use of the Facilities, the Agreement, the Rules and Regulations, or the Application. Witness our signatures, this the ____ day of ____________, 20___. _______________________________ ____________________________ CAFÉ MEMBER