Types of Memberships
Court 16, Inc. shall be authorized to create, from time to time, different categories of membership having different requirements and rights, qualifications, obligations and privileges, as Court 16, Inc. may deem advisable, such rules and regulations as may be adopted from time to time by Court 16, Inc, and the Application. Court 16, Inc. intends to offer the following types of membership: Premier or Standard.
Acceptance of Members
Court 16, Inc. shall establish the parameters for the acceptance of members, which may include, but not necessarily limited to, the following: (a) Completion of a written membership application (the “Application”), by the completion of which the each Member agrees to be bound by these Terms and Conditions. (b) The Member shall be required to pay an annual membership fee. Such fees shall be payable in the amounts and at such times as are set forth in the Application accepted by Court 16, Inc. (c) Acceptance by Court 16, Inc. of the applicant for membership by the signature of the Court 16, Inc. Membership Agreement. Court 16, Inc. reserves the right to limit the number of members to a level it deems appropriate. In the event Court 16, Inc. receives membership applications in excess of Court 16, Inc. established maximum, a waiting list shall be established. As additional memberships become available, the applicants on the waiting list will be considered for membership by Court 16, Inc. at the time additional membership becomes available
Nature of Membership
The Member acknowledges that membership does not give the Member an equity or ownership in Court 16, nor does it give the Member a vested or prescriptive interest in Court 16, Inc. or the Facilities, nor does it give the Member a vested or prescriptive right or easement 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 these TC, the Rules and Regulations, and the Application. Members shall not be entitled to any revenues or profits relating to the ownership or operation of Court 16, Inc.
The Member shall pay to Court 16, Inc. the annual membership fees. As used herein, a “membership year” shall be 366 consecutive days from February to February or September to September. Court 16, Inc. shall establish the annual membership fees for each membership each year. Court 16, Inc. reserves the right to change the annual membership fees each year at its sole discretion. Membership fees and class fees are nonrefundable. Membership shall not be automatically renewed. Members will be offered to renew their membership for a limited period of time.
Prohibition of Membership Transfers
Member shall not have the right to transfer the Member’s membership or rights under this Agreement.
The Member may change membership categories to a more expensive category of membership, provided that: (a) the Member pays to Court 16, Inc. the difference between the then-applicable initial membership fee for such desired category and the initial membership fee paid by the Member, (b) memberships are available in such desired category. The annual membership fees payable shall be adjusted as of the date the Member changes membership categories pursuant to this Section 2.3.
Death and Disability
The Membership may only be cancelled if your Child dies or becomes disabled for a period in excess of six (6) months. A physical disability sufficient to warrant the cancellation shall be established if the Member furnishes to Court 16, Inc. a certificate of such disability by a physician licensed under New York Sate to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice
Court 16, Inc. may freeze membership and class enrollments for up to 6 months for documented medical reasons upon written request and a payment of $25.00 processing fee. Beyond 6 months, Court may cancel membership and class enrollment. Member may not access Court 16 facilities while membership is frozen.
Suspension of Membership
The Membership may be suspended by Court 16, Inc. in its sole discretion for a period of up to one full membership year for just cause. Just cause for suspension shall include without limitation conduct unbecoming a member, violation of this Agreement, or violation of the Rules and Regulations, as the same may be in effect from time to time. Fees, and other obligations shall continue to be due and payable during suspension and must be paid in full when due.
Termination of Membership
The membership may be terminated and revoked by Court 16, Inc. for (a) failure to pay membership due or any other fees when due, including any late fees or similar charges; or (b) failure by Member to comply with the terms of these TC, the Application, or the Rules and Regulations. Upon termination, Court 16, Inc. need not honor reservations, discounts or other privileges arranged prior to termination. Court 16, Inc. shall bear no liability for any Member’s personal property remaining in the facilities after termination, or for damages due to the cancellation of special privileges upon termination. In any event, Court 16, Inc. shall not be liable for any property left in Court 16, Inc. facilities.
Member shall benefit from the following privileges: Equipment, Access to Court 16, Inc. services and events, discount at C16 partners.
The date on which Member shall be entitled to the privileges described in this Agreement shall be the dates set forth in the Court 16, Inc. Membership Form.
Level of Service
Court 16, Inc. is a private, for profit entity and is not owned or controlled by the Members. Accordingly,Court 16, Inc. alone shall the right to make any decisions regarding the make-up and operation of the Facilities, consistent with providing the Member privileges granted herein, including without limitation: the specific jobs descriptions of personnel and the identity thereof; the level of maintenance of the Facilities; and the hours of operation.
Court 16, Inc. may from time to time agree to host special events for other organizations. Court 16, Inc. will give reasonable advance notice to the Member of its needs and the periods of time involved.
Court 16 Rules
In order to provide a quality of service, and operate as a private, for profit entity, Court 16, Inc. 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 Court 16, Inc. or communicated orally by Court 16, Inc. representatives. All Members must use the Facilities in accordance with Court 16 Rules and Regulations. The Rules and Regulations shall be exclusively administered and enforced by Court 16, Inc.. Members shall have no authority to enforce such Rules and Regulations; only Court 16, Inc. may do so. Court 16, Inc. shall take reasonable action to enforce Court 16, Inc. but shall not be liable for a failure to do so.
Waivers must be express. A waiver of any one matter shall not be deemed a waiver of any other matter, whether express or not existing or subsequent, or different or similar. If any provision of this Agreement is unenforceable, the remainder of this Agreement shall be enforced. These TC shall be governed by the laws of the State of New York. All disputes which shall not be amicably resolved, shall be decided upon by the Courts of the State of New York. The Member may not assign the Member’s interest in this Agreement.