NEXUS LUXURY COLLECTION MEMBERSHIP AGREEMENT & TERMS
I. PURCHASE OF MEMBERSHIP. I agree to purchase an annual membership in the NEXUS Luxury Collection, under the terms set forth herein. For purposes of this agreement, “Applicant” and “Member” refers to me.
II. PAYMENT OF ANNUAL DUES. The Applicant agrees to pay to The NEXUS Luxury Collection US LLC (the “Club” or the “Company”), an international business company, or its successors and assigns, and or their respective designees, annual dues plus applicable Value Added Tax and state taxes upon submission of this Membership Agreement. The Applicant acknowledges and agrees the annual dues are not refundable except as otherwise provided herein or in the Terms and Conditions of Membership of the NEXUS Luxury Collection Membership as set forth in Exhibit A.
III. ACKNOWLEDGMENT OF MEMBERSHIP RIGHTS. Under the Applicant’s annual Membership, the Applicant acquires a contractual right to enjoy the Membership Privileges in accordance with the terms and conditions set forth herein as the same may be amended, modified or supplemented from time to time.
IV. TERMINATION. The Club reserves the right to terminate the Applicant’s Membership in its sole discretion for any reason whatsoever and shall refund Applicant’s pro rata share of the annual dues for the portion of the membership year in question for which services will not be received. The Applicant shall have no other recourse to the Club.
V. INDEMNITY. The Applicant shall be obligated for all acts of the Applicant, and the Applicant’s Family Members and guests, in connection with their enjoyment of the Membership privileges. The Applicant shall be liable for all claims, losses, damages and costs and other liability (collectively, “Claims”) to the extent caused by the Applicant, the Applicant’s Family Members or a guest in their respective enjoyment of the Membership privileges, use of or presence on or about any premises or facilities used in connection with Membership privileges. The Applicant agrees to indemnify, defend (with counsel reasonably acceptable to the Club) and hold the Club, any third-party manager, the owners and any tenants of the Owner, their respective affiliates, their respective successors and assigns, and their respective shareholders, partners, directors, officers, Applicants, managers, employees, representatives and agents (collectively, the “Indemnified Parties”), free and harmless from, against and with respect to all such Claims. The Applicant, the Applicant’s Family Members or a guest accepts and assumes all risks and responsibilities associated with enjoyment of the Membership privileges, use of any other facilities or services associated with the Membership, including, but not limited to, all risks of bodily injury or damage to property (even if such bodily injury or damage to property is due to the negligence of one or more Indemnified Parties). The Applicant acknowledges that if the Applicant, the Applicant’s Family Members or a guest makes or accepts the use of any apparatus, equipment, facility, privilege or service whatsoever owned, leased, made available or operated by any Indemnified Party, or participates in any function or other activity made available, operated, organized, arranged or sponsored by an Indemnified Party, then the Applicant, the Applicant’s Family Members or a guest , shall do so at his or her own risk. The Applicant on behalf of the Applicant, the Applicant’s Family Members or a guest, hereby releases and agrees to hold all of the Indemnified Parties free and harmless from, against and with respect to any and all Claims resulting from the matters described above in this paragraph or otherwise arising out of or incident to Membership in the NEXUS Luxury Collection. To be clear, the Applicant shall have, owe and perform the same obligation to the Indemnified Parties hereunder in respect to any Claim of the Applicant’s Family Members or a guest. The Applicant and each of the Applicant’s Family Members or a guest shall be obligated to execute and deliver such consents, waivers and/or releases of liability and indemnities in the form requested by the Club from time to time. In the event of any inconsistency between the provisions of Membership and the provisions contained in any such consent, waiver and/or release or indemnity form, the provisions contained in the form shall control.
VI. MEMBERSHIP DOCUMENTS. The Applicant hereby acknowledges receipt of the Terms and Conditions of Membership and that the Applicant has read and understands the Terms and Conditions of Membership and agrees to be bound by it, as the same may be amended, modified or supplemented from time to time by the Club. The Applicant further acknowledges that the Applicant is not relying on any oral representations in acquiring a membership in the NEXUS Luxury Collection.
VII. GOVERNING LAW. All issues and controversies arising out of this Membership Agreement shall be governed by the laws of the State of Florida without regard to conflict of laws principles. The prevailing party in any litigation, arbitration or other dispute resolution arising out of this Membership Agreement shall be awarded attorneys’ fees and costs. The Club may pledge or assign this Membership Agreement.
EXHIBIT A: NEXUS LUXURY COLLECTION MEMBERSHIP, TERMS AND CONDITIONS OF MEMBERSHIP
1. Usage. The privileges of annual Membership in the NEXUS Luxury Collection extend to your Family Members. A Member’s “Family Members” include the Member’s spouse or “significant other” (a person living with the Member in the same household in a committed relationship and as a a family unit, subject to the approval of the Club upon the submission of such forms and information as shall be required by the Club) and the children of the Member, spouse or significant other under the age of 40.
2. Cancellation. You may cancel your annual Membership at any time, but no dues will be refunded, unless otherwise set forth in these Terms and Conditions of Membership.
3. Membership Renewal. At least sixty (60) days prior to the expiration date of your annual Membership, you will receive an annual renewal notice. This notice will state the term of your next membership period, the names of the individuals covered under your Membership, the annual dues amount to be automatically charged to your credit card and the anticipated date for such charge. On the renewal date, your Membership will be automatically renewed in the amount stated on the annual renewal notice. In the event your Membership is automatically renewed and you wish to cancel your Membership you may do so with a full refund if you notify us within 30 days of the renewal date. If you notify us after this 30-day period, no dues paid will be refunded.
4. Dues. The annual dues amount is determined annually and is subject to change each year. Changes are noted in the annual renewal notice sent to you at least 60 days prior to the renewal date.
5. Benefits. Membership benefits are currently as set forth in Exhibit B and may change from time to time in the Club’s sole discretion.
6. Air Transportation. One of the opportunities that NEXUS may facilitate from time to time is the opportunity for Members to directly connect with, and to purchase certain air transportation services from, one or more companies that are properly authorized to provide such services. Member specifically agrees and acknowledges that NEXUS does not act in any way as an air charter broker, indirect air carrier or as a direct air carrier, that in such circumstances NEXUS will simply place Member in contact with such companies that act in one or more of those capacities, and that Member fully releases NEXUS from any and all liability of any kind with respect to the actual conduct of such air transportation services.
7. Amendments. The Club reserves the right to amend these Terms and Conditions from time to time in the Club’s discretion. You agree to be bound by these Terms and Conditions, as amended from time to time.
8. Club’s Discretion. Any reference herein to a right, decision, determination or permission being reserved to the Club shall mean that such right, decision, determination or permission may be exercised, made, granted or withheld, as the case may be in the Club’s sole and absolute discretion, unless otherwise expressly stated. Use of the term “discretion” herein shall mean sole and absolute discretion.
EXHIBIT B: MEMBERSHIP BENEFITS
Access to and preferred rates on hotel accommodations and marina dockage at Albany located in The Bahamas; complimentary VIP access to NEXUS Club at Baha Mar; access to the members-only NEXUS Golf New York; a select number of complimentary days to enjoy the private members club of NEXUS Club New York; complimentary grounds credentials to Hero World Challenge; access to participate in the exclusive NEXUS Cup hosted by Tiger Woods; preferred access to TGR Live Events; discount on Albany Summer Camp session; tuition discount at Albany Sports Academy; complimentary access to NEXUS Sky Pantries; and access to enjoy events and buying opportunities through NEXUS Wine & Spirits Society.