Microsoft word - fuzzy balls tennis club card tnc v3.2.docx

FUZZY BALLS TENNIS CLUB CARD
advance to the club’s account. Each individual membership shal run MEMBERSHIP POLICY
for a period of twelve (12) calendar months from the effective date of By registering for The Club card program ("The Club"), you activation and may be renewed on an annual basis. acknowledge and agree to be bound by al of the fol owing terms and conditions ("Terms"), our website Terms of Use, our Privacy Policy, and At the time of enrolment members shall pay the annual fee plus the any additional terms that may be applied to The Club card program or registration fee. The ful year's dues are to be paid in advance. individual program features from time to time (col ectively, the "Agreement"). Fuzzy Bal s Tennis Club ("FZB" or "us" or "our" or "we") You can make payment by fil ing up the form on and make direct operates The Fuzzy Bal s Tennis Club card and services for enrol ed payment online through our website at www.fuzzybal s.my, or by customers. FZB reserves the right to modify or terminate The Fuzzy Bal s cheque payable to “FUZZY BALLS TENNIS CLUB” and mail the cheque to Tennis Club card at any time and in any manner, in whole or in part. the registered address at Fuzzy Bal s Tennis Club, Amaya Saujana, Unit You agree that you wil review these Terms periodical y and that you 1-8-1, Bandar Saujana, Persiaran Golf, Section U2, 40150 Shah Alam. are bound by this Agreement and any modifications we may make to You further acknowledge that you are personal y responsible for payment of the annual dues each calendar year. Membership
Late payment wil result in a suspension of the member's privileges until As a Club card member ("Member" or "you" or "your"), you may have you pay al amounts outstanding in ful . If a suit is instituted to recover the ability to play at participating tennis venues at special membership any amounts due to The Club, Member agrees to pay interest on the rates, subject to certain restrictions as outlined below. Members may amounts owed at the legal rate, in addition to the monthly service also receive additional benefits and discounts with other retailers, charge, col ection fees and attorney's fees accrued by The Club. eateries, and service providers participating in The Fuzzy Bal s Tennis This agreement shal be automatical y renewable at the end of the current term for a successive (12) calendar months term, unless either Member shal receive a non-exclusive license to use the facilities of The party gives a written notice or cancel ation notice through The Club Club card network participating tennis courts in accordance with the Member website or via email of its intention not to renew 30 days rules, regulations and policies established by FZB and participating venues. Member has no ownership interest in The Fuzzy Bal s Tennis Club card, the individual properties or facilities of the participating clubs, or The Club shal notify the member of any changes in the terms of the Agreement at least 30 days prior to the notice period for renewal or termination, i.e., 60 days prior to the expiration of the then current term. Membership cards are non-transferable, non-refundable, and not for Cancellation
The Club may terminate membership for cause at any time. A member Eligibility
who conducts him or herself in an unbecoming manner on the To become a Member of The Club, you must be: (a) be a resident of premises of one of FZB network clubs or who violates any rules or Malaysia, at least 18 years of age as of date of your registration for The regulations of such clubs, or third party service providers, including rules Club card; if you are below 18 years of age, you are eligible to of play or dress code, or who fails to pay dues and charges, or violates become a member with the permission of a legitimate guardian. Your any term of this agreement, may be suspended or expel ed from The guardian wil have to fulfil the criteria specified above; and, (b) have the capacity to enter into a legal y binding contract. It is understood and agreed that if The FZB Club revokes membership privileges of Member with cause, or if Member resigns, no refunds will The club card membership is subject to this Agreement including be given. Termination of membership shal be a ful and complete policies and procedures that FZB and/or participating tennis venues release of The Club from any and al liability, claims, demands, actions and/or al participating third party service providers may have, adopt or cause of actions arising out of, or related to, the payment by or modify from time to time. Any failure to abide by this Agreement or Member of monthly dues or membership status. any policies or procedures implemented by FZB and/or participating tennis venues, and/or al participating third party service providers, any Disclaimer & Limitation of Liability
conduct detrimental to FZB and/or participating tennis venues, and/or FZB MAKES NO WARRANTY OF ANY KIND REGARDING THE CLUB’S al participating third party service providers, any misrepresentation or CARD, WHICH IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. fraudulent activities in connection with The Club card, or any failure to WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE act in a manner consistent with federal, state, provincial, local laws, or CLUB CARD WILL BE ERROR-FREE. FZB FURTHER DISCLAIMS ANY any other statutory bodies and regulations, or ordinances, may result, in WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF addition to any rights or remedies available to FZB in law or equity, in ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE the termination of your membership in The Club, as wel as any other CLUB CARD. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND benefits earned in connection therewith, in FZB's sole discretion. CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- Club Card Usage & Tennis Play
INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW The Club may, from time to time, and at its sole discretion, make OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES changes to the participating club network, including both adding and DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS terminate participating clubs or third party service providers to the WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. IN network. Current participating clubs shal be listed on The Club website. NO EVENT SHALL FZB BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR MODIFICATION. Participating venues shal provide every member the opportunity to play at any of the venue's participating facilities on any day of the We reserve the right at al times to discontinue or modify any part of this week or as agreed between FZB and participating club. Participating Agreement, as we deem necessary or desirable. Additional y, we venue shal also al ow a 4-day advanced reservation capability or as reserve the right at al times to add or remove The Club membership per agreement from time to time. Members are expected to duly services or to discontinue The Club card. If we make changes that respect such procedures for ease of administration. material y affect your use of The Club card, we wil notify you by sending an e-mail to the e-mail address that you provide at the time of Each member is required to pay a booking fee determined by FZB for utilisation of the tennis court within FZB’s network. This fee is payable http://www.fuzzybal s.my (the "Site"). You specifical y agree to provide directly to the FZB’s account, either at office or online. Each member is and maintain a valid e- mail address and to keep FZB informed of any only al owed to book for one (1) hour per booking. changes to your e-mail address. Any changes to this Agreement wil be effective upon the earlier of our dispatch of an e-mail notice to you or Member agrees that participating clubs/ venues may restrict the use of our posting of notice of the changes on our Site. We suggest that you the facilities for maintenance, club events, or any other reason. The review these Terms from time to time to ensure that you are aware of member also agrees that al rules and regulations of the participating any updates we make to these Terms. Your participation in The Club after we update the Agreement wil constitute acceptance of the Membership is limited only to Tennis venues in partnership with FZB and cannot be used in conjunction with any tournament or special event, Miscellaneous
Member agrees to indemnify and hold The FZB Club free from any loss (including attorney's fees) or liability for personal injury or property A successful applicant wil be issued a membership card ("The Club damage, resulting from the acts of the Member arising out of the use of card"). Member must present The Club card with an additional form of photo identification at the time of check in at a Participating Club. If any provision of these terms and conditions is held invalid, the Failure to present The Club card and photo identification wil result in a remainder shal not be affected thereby if such remainder would then denial of entry to the Participating Club/ Venue. continue to conform to the terms and requirements of applicable law. These terms and conditions shal be governed by and construed in A lost, stolen or damaged card can be replaced by contacting The Club by email at membership@fuzzybal s.my. Member shal be required In the event that Member or The Club cannot resolve a dispute arising to pay a RM20.00 replacement fee. The new card wil be mailed to the out these terms and conditions and if the dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or Fees and Renewals
some other dispute resolution procedure. A written request shal be The Club membership is an annual membership. Prospective members made by one party to the other party to initiate the resolution process. must make a one (1) year commitment for monthly dues by executing The Parties further agree that these terms and conditions shal remain in and accepting these terms and conditions and by securing monthly effect until such disputes are resolved or settled by the appropriate dues with a valid credit card, or by paying the ful year's dues in

Source: http://fuzzyballs.my/member/FZB%20t&c.pdf