Membership Agreement
THIS MEMBERSHIP AGREEMENT (this “Agreement”) is agreed to by the Member as of the day on which such Member submits the application (the “Effective Date”) for the purpose of applying for Membership at No. 303 Richmond located at 303-305 W. Broad St, Richmond, VA 23220 (the “Facility”). The owner of the Facility or its successor(s) or assign(s) is referred to herein as “No. 303”.
The Facility is operated as a private membership social club with ancillary facilities and amenities. Member desires membership at the Facility, and the opportunity to enjoy certain Membership Privileges, and hereby agrees to become a member on the terms and conditions set forth herein.
1. Member
For purposes of this Agreement, the term “Member” means the person identified as such through the Membership enrollment process on the Facility website, and the term “Membership” refers to Member’s membership to the Facility and the accompanying Membership Privileges reflected in this Agreement.
2. Membership
Subject to the terms of this Agreement and to the extent Member remains current on payment of membership dues (“Membership Dues”), Member shall maintain Membership Privileges for a period of one (1) year, active from the Effective Date (the “Initial Term”). This Agreement shall automatically renew for additional one (1) year periods (each a “Renewal Term”), unless Member notifies No. 303 in writing of intent not to renew no less than thirty (30) days prior to the end of the then-current Term.
During each Renewal Term, the Agreement terms shall continue to apply, except that the Member’s Membership Dues may increase from time to time after the Initial Term to the then-current rate listed on the Facility website.
Payment of Membership Dues does not give Member any ownership or other rights in No. 303. This Agreement and the Membership Privileges are personal to the Member and may not be sold, transferred, sublicensed, or assigned without the prior written consent of No. 303. No. 303 may revoke a Membership, at its sole and absolute discretion, for violations of this Agreement or the Rules.
3. Membership Privileges
For the duration of the Membership Term and subject to Member’s Membership Type, Member will receive certain benefits (“Membership Privileges”), including: (i) access to the Facility during regular operating hours; (ii) discounts on event and function bookings; (iii) priority access to Facility events, subject to capacity; (iv) access to reciprocal club benefits with participating clubs nationwide; and (v) local partner discounts.
No. 303 reserves the right to modify, suspend, or discontinue any or all Membership Privileges at any time, in its sole and absolute discretion. Membership Privileges are non-transferable, have no cash value, and may not be redeemed for cash or credit.
4. Membership Types
No. 303 Richmond provides various membership types with differing benefits and pricing. Your selected membership tier is outlined in “Addendum A” for your acknowledgement. No. 303 reserves the right to change Member's Membership Type at any time where it determines, in its sole discretion, that Member no longer qualifies for the designated Membership Type.
5. Membership Dues & Payment Options
Member agrees to pay their Membership Dues as follows: (i) Annually, with a prepayment discount equivalent to one (1) month of dues or a $200 food and beverage credit; or (ii) Monthly, in advance and charged automatically to the payment method on file.
Membership Dues and all other charges may be paid by credit card or ACH debit. Credit card payments incur a convenience fee of three percent (3%). Member shall maintain a valid payment method on file with No. 303 at all times.
6. Permitted Use
Member may use the Facility solely for lawful purposes consistent with the nature of the Facility as a private membership social club, and subject at all times to the Rules and the terms of this Agreement. Member's use of the Facility is a personal privilege and not a right, and is conditioned upon Member's continued compliance with this Agreement and the Rules.
No. 303 shall have the right to adopt, amend, supplement, or repeal the Facility Rules at any time. Member's continued use of the Facility following notice of any amendment shall constitute Member's acceptance of the amended Rules.
7. Indemnification; Assumption of Risk
Member agrees to indemnify, defend, and hold harmless No. 303 and its owners, officers, directors, representatives, employees, subsidiaries, affiliates, vendors, and agents (the “Indemnified Parties”) from and against any and all claims arising out of or relating to Member's or Member's guests' acts, use or misuse of the Facility, breach of this Agreement, or any bodily injury, death, or property damage caused by Member or Member's guests.
Member voluntarily assumes all risks — known and unknown, foreseen and unforeseen — associated with use of the Facility and its amenities, including without limitation the pool, rooftop, and any other areas or equipment made available to Members.
8. Facility Waiver, Release of Liability & Indemnification
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A WAIVER OF IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE NO. 303 RICHMOND AND ITS AFFILIATES.
Member, on behalf of Member and Member's heirs and assigns, unconditionally and irrevocably waives any and all claims against the Released Parties arising out of Member's Membership or use of the Facility, releases and forever discharges the Released Parties from any and all liability (including claims based on negligence), and agrees not to sue No. 303 with respect to any claim released herein.
This waiver and release is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Virginia.
9. Early Termination or Suspension of Membership
Membership is an annual commitment unless otherwise stated in your Membership tier details. Unless Member provides written notice at least thirty (30) days prior to the renewal date, Membership will automatically renew and Member remains fully liable for Membership Dues for the Renewal Term. Early termination or suspension decisions are at No. 303’s sole and absolute discretion.
10. Photographs, Video, and Social Media
Member acknowledges that photographs and video may be taken at the Facility from time to time. Member grants No. 303 a perpetual, royalty-free, worldwide license to use Member's name, image, and likeness for marketing, promotional, and social media purposes, without compensation. Member agrees not to post content depicting the Facility, its staff, or other Members in a manner harmful to the reputation of No. 303.
11. Data Privacy and Communications Consent
By enrolling as a Member, Member consents to No. 303's collection, storage, and use of Member's personal information for purposes of administering the Membership, operating the Facility, and communicating with Member. Member consents to receive communications from No. 303 by email, SMS, and telephone at the contact information on file, and may opt out of promotional communications at any time.
12. Governing Law & Arbitration
This Agreement is governed by the laws of the Commonwealth of Virginia. Any dispute shall be resolved exclusively by final and binding arbitration administered by JAMS, conducted before a single neutral arbitrator in Richmond, Virginia.
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED.
13. Member Acknowledgment
Member represents and acknowledges that Member is at least twenty-one (21) years of age, legally competent to enter into this Agreement, and that all information provided in connection with enrollment is true, accurate, and complete.
Member agrees to pay all Membership Dues, fees, and charges by the applicable due date, and authorizes No. 303 to charge the payment method on file for all amounts due. Member shall have no right to offset, withhold, or reduce any amounts due hereunder for any reason.
