Membership Terms & Conditions
M3 World Consulting, Inc., d/b/a “Goldfingr” (“Company”) is a private membership club.
It is the intent of Company to limit its rules and regulations to the minimum required for the mutual enjoyment of Company by all of its members. It is also the obligation of Company to enforce these rules and regulations for the good of all members.
It is the duty of all members to know Company’s rules and regulations and to cooperate with Company in the enforcement thereof. Failure to comply with the terms and conditions of membership may lead to termination of membership at the sole discretion of Company.
By granting you membership, Company grants to you a revocable and non-transferable membership subject to the terms of this Agreement. Company has the right to revoke your membership in its sole discretion and will not be obligated to refund any membership fees.
By becoming a member of Company, you agree to the following terms:
1) Payment for membership is due upon being approved for membership. Membership and payment thereof is non- refundable and nontransferable.
2) Membership will automatically renew with Member’s annual membership renewal. The membership fee will be charged to the method of payment submitted with the Membership Application on Member’s renewal date unless written notice of cancellation is received by Company in writing 30 days prior. Membership privileges may be suspended or revoked at the sole discretion of Company for non-payment of fees.
3) Company reserves the right to revoke the membership of any person in violation of membership policies, rules, or for misconduct.
4) Member may bring guests (non-members) in utilizing the services of Company; guests are the responsibility of the Member and must be accompanied by the Member. For the avoidance of doubt, spouses and other family members are considered guests.
5) Member agrees not use illegal products/items while utilizing the services of Company and acknowledges that doing so will be grounds for immediate termination of membership and all membership rights and forfeiture of any and all rights/claims to a refund of membership fees. Further, Member hereby agrees to indemnify Company for any liability and legal fees incurred by the Company as a result of such activity.
6) Member shall abide by Company’s dress code while utilizing Company’s services, which is smart, fashionable, casual attire or higher. Members and their guests are asked to respect the sensibilities of other members and any venue company assists Member in gaining access to.
7) Member acknowledges that consuming alcohol is a responsibility the ability to do so is a privilege. Further Member (and guest(s) if applicable) hereby agrees to consume any alcoholic beverages while utilizing Company’s services in any fashion in a responsible manner. Company has zero tolerance for underage consumption of alcoholic beverages.
8) Damage to any furniture or fixtures at any venue Company assists Member in gaining access to as a result of Member carelessness or disregard shall be replaced or repaired at Member’s sole expense.
9) Membership privileges may be suspended or revoked for failure to abide by and adhere to any of the rules, regulations, and policies set forth by Company. Member also acknowledges and agrees that Company, its members, directors, officers, partners, shareholders, members, employees, agents and/or partner venues, all need to protect themselves from conduct detrimental to their reputation and good standing in the community. Any actions or omissions by Member that Company in its sole discretion deems as conduct detrimental to any of the parties listed above shall be grounds for Member’s membership privileges may be suspended or revoked at the sole discretion of Company.
10) Company reserves the right to refuse service and/or access to the premises to any Member/guest.
11) Company reserves the right to modify these terms and conditions at any time. Member’s shall receive notice of any such modifications in writing.
LIMITATION OF LIABILITY
MEMBERS OF COMPANY HEREBY ACKNOWLEDGE THAT THE USE OF ANY COMPANY FACILITY AND ANY PRIVILEGE OR SERVICE INCIDENT TO MEMBERSHIP IS UNDERTAKEN WITH KNOWLEDGE OF RISK OF POSSIBLE INJURY. MEMBERS OF COMPANY HEREBY ACCEPT ANY AND ALL RISK OF INJURY TO THEMSELVES AND THEIR GUESTS SUSTAINED WHILE USING COMPANY OR ANY SERVICE PROVIDED BY COMPANY OR IN ANY EVENT OR ACTIVITY INCIDENT TO MEMBERSHIP IN COMPANY. MEMBERS OF COMPANY HEREBY ACKNOWLEDGE AND UNDERSTAND THAT THEY ARE RELIEVING COMPANY, ITS AFFILIATES, SUCCESSORS, AND ASSIGNS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LOSS, COST, CLAIMS, INJURY, DAMAGES, OR LIABILITY SUSTAINED OR INCURRED BY THEMSELVES AND/OR THEIR GUESTS INCONNECTIONWITHMEMBERSHIPINCOMPANYAND/ORUSEOFANYCOMPANYFACILITY. NEITHER COMPANY NOR ITS PROPRIETORS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS, COMPANY MEMBERSHIP, OR USE OF ANY COMPANY FACILITY. WHETHER IN CONTRACT OR TORT OR OTHERWISE.
IMPOSSIBILITY & LEGALITY
In the event the operation of Company becomes impossible or impractical due to changes in the legalities associated with the operation of Company or other circumstances out of Company's control, Company shall not be liable for any portion of any annual fees paid in advance and any and all such claims to refunds or prorated portions of a refund are hereby and forever waived by execution of these terms and conditions.
These terms and conditions, in conjunction with the Membership Application, shall constitute the entire agreement between you and Company regarding your membership and the duties and obligations of all parties associated therewith, and it shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties.
To the maximum extent possible, each provision of these terms and conditions shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of these terms and conditions is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
CHOICE OF LAW
In the event litigation is required based on the terms of this Agreement, the parties hereby agree that any and all such litigation will be filed in New York County and this Agreement and transaction shall be governed by the laws and regulations of the State of New York.
WAIVER & RELEASE
In exchange for membership in Company, Member’s hereby provide the following:
1) I hereby waive and release any and all claims for my heirs and myself and agree to hold harmless Company from and against all actions, demands, liabilities, suits, costs, and expenses, including attorney fees and claims, both known, unknown, and unrecognizable, for negligence arising out of the use of any Company facilities, participation in Company events, and my membership in the Company; and
2) I have carefully read and agree to the terms and policies set forth in Company’s Membership Application and these terms and conditions as it now exists and as it may be amended in the future.
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