MEMBERSHIP AGREEMENT
This Membership Agreement ("Agreement") is between Citibabes LLC ("Citibabes") and the undersigned member (the "Member"). The parties agree to as follows:
1.1 Membership. The membership is a family membership, one per family, including authorized, registeredes caregivers. The membership will allow each Member full use of the indoor Playground, Cafe, Gym, Citibabes Store, Lounge & Concierge. All other services will be charged at the time of registration or booking. All memberships are non-voting and non-proprietary. The granting of membership remains at the sole and an absolute discretion of Citibabes, which will be exercised without regard to race, color, religion, sex, sexual orientation, disability, or national origin.
1.2 Authorized Caregivers. Citibabes membership is a family membership so nannies and grandparents can accompany children to Citibabes. For your child's safety, Citibabes requires the names and photographs or photo ID of each authorized caregiver. Each authorized caregiver will be issued a membership card. It is the responsibility of the primary member to add or remove authorized caregivers to their membership.
1.3 Term. The membership is on (1) year unless terminated pursuant to the terms of this agreement. Memberships renew automatically for periods of 12 months from the expiration date of the previous term. A request to not renew must be received in writing 60 days prior to the expiration of the current membership. No changes will be made to the price of the membership by Citibabes without written notification to the member.
1.4 Membership Fee. For Members residing in the New York, New Jersey, and Connecticut Tri-State area, the annual membership fee is $2000 regardless of usage, subject only to the termination and notice provisions within this Agreement. For Members residing outside of the Tri-State area, the annual membership fee is $1500. The obligation to pay the membership fee is not dependent on the availability of all facilities. Activities, repairs and/or maintenance of facilities may make it necessary for Citibabes to restrict the use of one or more of the facilities or to temporarily close Citibabes which will not reduce or suspend the membership obligation for payment of the membership fee.
1.5 Change of Information. The Member shall promptly notify Citibabes in writing of any change in address, telephone number, billing information, medical information, authorized caregiver information, or emergency contact information.
1.6 Rules & Regulations. The Member agrees to abide by all Citibabes rules and regulations (the "Rules & Regulations"). The Rules & Regulations may be posted at Citibabes and may be amended at Citibabes' discretion. On all question regarding the interpretation of the Rules & Regulations, the decision of Citibabes shall be final. Citibabes reserves the right to suspend membership privileges for violation of any rule or regulation.
1.7 Guests. All guests must be referred by a member. The Member must notify Citibabes of their intention to host a guest. The guest policies and fees for admitting guests shall be those determined by Citibabes.
1.8 Revocation of Membership. At the discretion of Citibabes, membership may be revoked at any time, or extension of membership may be denied, if in the sole discretion of Citibabes, the Member consistently failed to observe the Rules & Regulations or has otherwise behaved in a manner contrary to the best interest of Citibabes or its members.
1.9 Assignment. This Agreement cannot be assigned by the Member.
1.10 Separability. If any term or condition of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement shall not be thereby affected, and each term or condition shall remain valid and enforceable to the fullest extent permitted by law.
1.11 Successors; Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective executors, administrators, successors and assigns, but shall not be deemed for the benefit of creditors or any other person, nor shall it be deemed to permit any assignment by a party of any of its rights or obligations hereunder except as expressly provided herein.
1.12 Amendment and Waiver. This Agreement may be modified only by an instrument in writing signed by Citibabes and the Member. No provision of this Agreement and no obligation of either party under this Agreement may be waived except by an instrument in writing signed by the party waiving the provision or obligation.
1.13 Entire Agreement; Governing Law. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements of the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
1.14 Arbitration. Any dispute or claim arising under or with respect to the Agreement will be resolved by arbitration in New York, New York before on arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (Streamlined Arbitration Rules and Procedures). Only direct damages may be awarded. No indirect, consequential or punitive damages, lost profits or attorneys fees may be awarded. The award shall be final and binding upon the parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
1.15 MEMBER'S RIGHT TO CANCEL. THE MEMBER MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE DATE THIS AGREEMENT IS EXECUTED BY THE MEMBER. NOTICE OF CANCELLATION SHALL BE DELIVERED BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO CITIBABES, P.O. BOX 1926, NEW YORK, NY 10013-0881. SUCH NOTICE SHALL STATE THAT THE MEMBER DOES NOT WISH TO BE BOUND BY THIS AGREEMENT AND SHALL BE ACCOMPANIED BY THE FORMS, MEMBERSHIP CARDS, AND ALL OTHER DOCUMENTS AS EVIDENCE OF INDEBTEDNESS SIGNED BY THE MEMBER. ALL MONEYS PAID PURSUATNT TO THIS AGREEMENT SHALL BE REFUNDED BY THE END OF THE BILLING CYCLE FOLLOWING RECEIPT OF SUCH NOTICE OF CANCELLATION. IF THE MEMBER HAS EXECUTED ANY CREDIT OF LOAN AGREEMENT TO PAY FOR ALL OR PART OF CITIBABES SERVICES, SUCH NEGOTIABLE INSTRUMENT EXECUTED BY THE MEMBER SHALL ALSO BE RETURNED BY THE END OF THE BILLING CYCLE FOLLOWING THE NOTICE.
1.16 MEMBER'S ADDITIONAL RIGHT TO CANCEL. AFTER SUCH THREE (3) DAY PERIOD FOR CANCELLATION AS PROVIDED ABOVE, THE MBMBER MAY CANCEL THIS AGREEMENT IF THE MEMBER MOVES HIS/HER RESIDENCE OUT OF THE PROXIMITY CITIBABES ALL MONEYS PAID PURSUANT TO THIS AGREEMENT SHALL BE REFUNDED BY THE END OF THE BILLING CYCLE FOLLOWING THE RECEIPT OF SUCH NOTICE. NOTICE MUST BE ACCOMPANIED BY PROOF OF MOVE. SUCH PROOF OF MOVE ARE A UNITED STATES POSTAL OFFICE ACKNOWLEDGEMENT OF THE FORWARDING OF MAIL REQUEST, MOVING VAN QUOTES AND OR RECEIPTS, NEW LEASE, PROOF OF INITIAL CONNECTION OF SERVICES SUCH AS GAS OR ELECTRIC AT A NEW RESIDENCE.CITIBABES MAY RETAIN THE EXPENSES INCURRED AND THE PORTION OF THE TOTAL PRICE REPRESENTING THE SERVICES USED OR COMPLETED, AND FURTHER PROVIDED THAT CITIBABES MAY DEMAND THE RESONABLE COST OF GOODS AND SERVICES WHICH THE MEMBER HAS CONSUMED OR WISHES TO RETAIN AFTER CANCELLATION OF THIS AGREEMENT.
WAIVER, RELEASE AND INDEMNITY
2.1 Risk of Illness or Injury. The Member is aware of the risk of illness or injury inherent in any program. The Member and his/her child is participating in Citibabes' programs upon the express understanding that the Member hereby indemnify, waive, and release Citibabes, its employees, agents and officers from any all claims, liabilities, expenses or judgments, including attorneys' fees and court costs (hereinafter "Claims") resulting from any of the following: (a) the Member's or child's participation in a program or any illness or injury resulting there from; (b) exposure of the Member or the Member's child to any illness or disease while on Citibabes' premises; or (c) any injury or damage to the person or property of the Member or the Member's child while on Citibabes' premises.The Member further represents that neither they nor their child will be ill when coming to Citibabes and the child will not, to the best of the Member's knowledge, have been exposed to any contagious disease.
2.2 Member Responsibilities. The Member assumes full responsibility for himself/herself and anyone who becomes a Member under this Agreement, including the Member's children or authorized caregiver, and shall indemnify Citibabes, its employees, agents and officers against any and all liability incurred by any act of the Member, child or authorized caregiver. The Member agrees that he/she or their authorized caregiver shall remain on the Citibabes premises at all times while their child is on the premises, unless otherwise agreed to by citibabes and the Member agrees to assume all risks that may occur should the Member or authorized caregiver leave the premises. The Member acknowledges that in the event of an emergency, Citibabes will use reasonable efforts to contact the Member or authorized caregiver. In this regard, the Member agrees that each time his/her child is left with Citibabes, he/she or the authorized caregiver will leave a list of the areas of Citibabes in which the Member or authorized caregiver plans to be. The Member acknowledges that in the event he/she or the authorized caregiver has left the premises, Citibabes will have several means by which to reach the Member or authorized caregiver. The Member agrees that in the event Citibabes personnel are unable to reach the Member or authorized caregiver within a reasonable time, Citibabes is hereby released from all liability from exercise of the Authorization and Consent to Emergency Medical Care. The Member further acknowledges that Citibabes does not have a medical staff available and cannot provide emergency or other medical treatment.
I have carefully read this Agreement, waiver, release and indemnity and fully understand its contents. I understand and agree that any person who is a party to this Agreement will also be a party to this waiver. I acknowledge and understand that by this Agreement, I agree to assume all risks of leaving my child with Citibabes and that in the event of my child's illness or injury I have no recourse against Citibabes, its employees, agents and officers.
