The Wessen Lawn Tennis Club, Inc. (“Club”) is the first full-service lawn tennis facility built in the United States in the last 100 years. The Club is pleased to offer you (“Member”) membership in the Club in accordance with the following terms and conditions (“Membership Terms and Conditions”):
1. MEMBERSHIPS. The Club offers a variety of memberships more particularly described from time-to-time in the Membership section of the Club’s website www.wessenlawntennis.com, incorporated herein by reference (“Memberships”). Semi-annual dues for all Memberships are invoiced to each Member at April 1 and October 1 of each year. Memberships are limited to individuals and families only. There are no corporate Memberships. Memberships are not transferable, except for Founding Members who purchase additional memberships on a one-time basis only. Memberships have no equity value nor voting rights with respect to ownership or management of the Club. Family Members (as defined hereafter) may be added to a Membership for a one-time charge. All Memberships, excepted as noted, enjoy the full rights and privileges of Members of the Club.
2. AMENITIES. The Club, when fully completed, will provide a full service lawn tennis club featuring 24 grass tennis courts, access to clay courts and/or hard courts, a swimming pool and clubhouse facilities (“Amenities”). The Amenities may not be fully available due to construction schedules, weather, repair, maintenance, tournaments, club sponsored events, special events and other events beyond the control of the Club. There is no adjustment with respect to initiation fees or annual dues for periods of unavailability.
3. MEMBER HEALTH WARRANTY. Each Member warrants and represents to the Club that the Member or any Family Member or Guest entitled to use the Club under the terms of Membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: (a) the Club will rely on the foregoing warranty in issuing the Membership; (b) the Club shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s, a Family Member’s or Guest’s physical condition; (c) if any fitness assessment or similar testing is offered by the Club, it is solely voluntary and for the purpose of providing information to the Member, the Family Member or Guest; (d) the Club shall not be subject to any claim, demand, or injury whatsoever on account of the Club’s evaluation or interpretation of such fitness assessment or similar testing. (e) the Club shall not be liable for any injury arising out of the Member’s, Family Member’s or Guest’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each Member, Family Member and Guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
4. MEMBER LIABILITY. Each Member of the Club shall be liable for any property damage and/or personal injury (caused in whole or in part by the Member, a Family Member, Guest or any other person permitted to be at the Club at the request of a Member or Family Member) at the Club or any activity or function operated, arranged or sponsored by the Club. It shall be the obligation of the Member to pay for any costs involved upon presentation of a statement thereof. Any and all use of the Club, or participation in the Club activities operated, arranged or sponsored by the Club either on or off of the Club’s premises by the Member, a Family Member or Guest shall be AT SUCH PERSON’S OWN RISK, and the Club shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages.
5. RELEASE OF LIABILITY. Each Member of the Club, each Family Member and each Guest, for themselves, their heirs, successors, trustees, executors, assigns, agents and representatives and any person or entity claiming through or under them:
a. represent to the Club that I understand the nature of sports, and more particularly, tennis, recreation and swimming offered by the Club (“Activities”);
b. represent to the Club that I am qualified, in good health, and in proper physical condition to participate in such Activities;
c. acknowledge that I have had an opportunity, prior to engaging in said Activities to inspect the premises where the activities are to be conducted and have observed with particularity the location of the swimming pool, clubhouse facilities and tennis courts and their proximity to each other;
d. understand that sports in general, and tennis and swimming, in particular, involve risks and dangers of property damage and serious bodily injury, including permanent disability, paralysis and death (“Risks”);
e. further understand that these Risks may be caused by my own actions or inactions, the actions or inactions of others, whether related to my own condition, participation in the Activities conducted therein or the physical condition of the premises where the activities are conducted;
f. further understand that these Risks may also include social and economic losses either not known to me or not readily foreseeable at this time;
g. acknowledge and agree that permission to participate in the Activities is at the sole discretion of the Club and may be revoked or denied, at any time and for any reason;
h. grant the Club a non-exclusive worldwide royalty free permanent license to use my image (photographs and/or video) derived at the Club in publications, including, but not limited to, video, email blasts, marketing and advertising brochures, newsletters, magazines and electronic versions of the same publications or on the Club’s website or other forms of electronic media without any right to inspect or approve the finished photographs or electronic material that may be used now or in the future, whether that use is known to me or unknown; and
does hereby expressly forever waive, release and discharge the Club and its Landlord, PLTC I Realty Investment, LLC, and each of their respective successors and assigns, members, managers, management agents, shareholders, directors, officers, volunteers, representatives, agents and employees from and against any and all such liability claims, demands, actions, causes of action, losses or damages of any kind or nature of description, including but not limited to claims sounding in negligence, strict liability, warranty, contract or tort, whether known or unknown, whether foreseeable or unforeseeable, which the Member, Family Member or Guest now have or may hereafter have, arising out of any matter or thing arising directly or indirectly from the Activities, the Risks or Membership in the Club.
6. SUSPENSION/TERMINATION OF MEMBERSHIP. The Club has the right to suspend and/or terminate any Membership for non-payment of dues, fees, or for behavior inimical to the enjoyment of the Club by other Members and staff for any reason deemed sufficient in the sole discretion of the Club.
7. MEMBER’S RIGHT TO TERMINATE. Members have the right to cancel this Membership Agreement upon thirty (30) days written notice by certified mail. Dues will be pro-rated and billed through the final month. Initiation fees are non-refundable.
8. UNPAID BALANCES. All balances which are 30 days past due are subject to a 25.00 monthly service fee. In addition to all other rights at law or in equity, the Club reserves the right to: (a) Collect the current and past due balances; (b) Suspend and/or terminate membership privileges; (c) Recover from Member(s) any collection fees, court costs, and reasonable attorney’s fees incurred in any collection activities; and (d) charge a service fee of $30.00 for any check or draft payable to the Club which is not honored.
9. CLUB RULES. From time-to-time, the Club may adopt rules and regulations with respect to the use of the Club (“Club Rules”). Club Rules are subject to change at the Club’s discretion. A current copy of the Club Rules is attached to these terms and conditions and is incorporated by reference into these Membership Terms and Conditions and each Member acknowledges that he/she has read and understood the Club Rules.
10. ENTIRE AGREEMENT. These Terms and Conditions and the Club Rules constitute the entire and exclusive agreement between the Member, the Family Member and the Guest. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the Membership Terms and Conditions which are not continued herein, are hereby waived. Any conflict between these Membership Terms and Conditions and any information contained from time-to-time on the Club’s website www.wessenlawntennis.com shall be resolved in favor of these Membership Terms and Conditions.
11. RIGHT TO RESCIND OR CANCEL. Each Member has the right to rescind or cancel their Membership and receive a full refund of all such monies paid upon its execution within three (3) business days after the Member has tendered payment, not counting the day of payment. To rescind or cancel a Membership, a Member must mail or deliver a signed and dated notice of rescission or cancellation to the Club which must be delivered to the Club, or be postmarked before the end of business on the third (3rd) business day after the execution of payment has been tendered, not counting the day of execution.
 A “Family Member” is a Member’s spouse or children under 21 added to the Member’s Membership.
 A “Guest” is a non-member who is permitted to use the Club facilities upon the request of a Member in accordance with the then current Club Rules.