11-27-2023 Council Meeting Packet

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MEMBERSHIP AGREEMENT MEMBERSHIP The classification of members, the amount of fees payable by the members of each class, the suspension and expulsion of members and all other matters affecting or relating to the membership shall be under the complete control of The Rookery Activity Center (herein referred to as the Center). The fees applicable to any type of membership and any other charges imposed by the Center may be amended at any time. Nondiscrimination: It shall be the policy of the Center to accept applications for membership from any individual, couple, or business of good character and reasonable credit background without regard to race, creed, color, sex or national origin. MEMBERSHIP CATEGORIES Resident – Anyone living within the city limits of Lino Lakes. Must provide proof of residency to receive resident rate (i.e. driver’s license, utility bill, or cable bill, etc.). Non-Resident – Anyone living outside the city limits of Lino Lakes. Adult - Anyone ages 18 – 61. Dual - Any 2 individuals living in the same household. Both individuals must provide proof of household. Senior – Ages 62+, must provide proof of age. Youth – Ages 18 and under; members age 14 and under require adult supervision. Household - One or two adults and dependent children age 2218 and under who are living in the same household. Dependent adults residing in the same household are also included. Parental supervision is required for children age 14 and under. Need to provide proof of all members living in the same household. Military - Active and retired military receive 10% discount on adult, dual, senior, and household membership categories; discount does not apply to daily drop-in or multi-visit passes. Discharge papers, military DD-214, or current military ID are required to receive this discount. Personal Care Attendant (PCA) – A PCA membership is available for a person who is visiting the center and sole role is to provide assistance to a member utilizing the facility. If a PCA wants to work out or use the facility, they must purchase their own membership. Child Caregiver – An Add-On membership is available for anyone age 16 and older who is caring for a child(ren) who is part of a Household membership at the Center. Individuals using this membership can only use the facilities together with the child(ren) on the Household membership. The Caregiver can drop the child(ren) off at the Nest and use the facility. This membership does not allow the Caregiver to use the facility on their own without the child(ren) present. FEES AND OTHER CHARGES Fees: The Center shall, from time to time, determine the amount and terms of payment of dues which shall be payable by the members each year. The obligation to pay dues is not dependent on the availability of all the Center’s amenities. Tournaments, construction, renovations, repairs and/or maintenance of the amenities may make it necessary for the Center to restrict use of one or more of the amenities or to temporarily close the Center which will not reduce or suspend the memberships obligation for payments or dues. Late/Returned Item Charges: A $30 fee will be assessed to accounts that are returned due to insufficient fund. This includes all payments that do not go through as a result of insufficient funds, stopped payment, or similar circumstances. Guest will be responsible for any additional chargeback fees from the issuing bank. Closed accounts or stopped payments may result in termination of membership, at Center’s discretion, but will not absolve member(s) of all other contractual obligations. Delinquent Accounts: Members failing to make payment within thirty (30) days will be classified as delinquent and will be responsible for all collection costs including attorney and other collection fees and that of any fees or add-on addendum. TERMINATION/SUSPENSION OF MEMBERSHIP The Center reserves the right at any time to terminate the membership of any member for failure to comply with any of the Rules and Regulations adopted by the Center or for conduct the Center determines to be improper or contrary to the best interests of the Center. The rules and regulations are posted on our website and are updated from time to time. The terminated member will be required to immediately return his/her membership card to the Center. The membership of any member who is thirty (30) days in arrears in his/her account to the Center may, at the discretion of the Center, be suspended or terminated by the Center without notice. CANCELLATION POLICY Membership Cancellation Notice forms must be completed and signed. ANNUAL MEMBERSHIP cancellations received prior to membership expiration date will incur 3-month termination penalty in addition to the cost of the time the membership has been active. Membership will be cancelled effective the date the form was submitted to the Center. MONTHLY MEMBERSHIPS require a full 3-month minimum commitment. After 3-months the membership can be cancelled at any time. Requests to cancel monthly memberships must be received in writing by the 20th of the month to cancel the next month’s billing. All monthly membership cancellations go into effect at the end of the last paid month. MEDICAL EXAMINATION All members are strongly encouraged to have a complete physical examination by a medical doctor prior to beginning any work out program or strenuous new activity. If a proposed member has a history or family history of heart disease, he/she should consult a physician before joining the Center. MEDICAL LEAVE/LEAVE OF ABSENCE If you need to take a medical leave, we can put your membership on hold. A doctor’s signature is recommended for proof of leave time necessary. You will not be billed or required to pay for the months on medical leave but will have an extension on the membership once the leave is over. Check with the front desk for our current On Hold Policy. You are required to fill out a notice of On Hold and provide the necessary documentation and signatures as needed prior to leave. ACKNOWLEDGEMENT AND 3 DAY NOTICE This Agreement is not effective until you and an authorized representative sign and date it. You acknowledge that you received a completed copy of this Agreement and you understand that: You may cancel this Agreement at any time within 72 hours of signing this agreement, including Sundays and Holidays that the Center is open. To cancel this Agreement, mail or deliver a signed and dated notice which states that you the buyer are canceling this Agreement, or words of similar effect. Such notice shall be sent or delivered to The Rookery Activity Center, 7690 Village Dr, Lino Lakes, MN 55014. Refunds will be processed within 30 days. SEVERABILITY These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The Center’s failure to enforce any remedy or provision in this contract shall not be construed as a waiver of such remedy or provision. GOVERNING LAW This contract shall be construed in accordance with the laws of the State of Minnesota with jurisdiction and venue deemed proper in Anoka County, Minnesota. INTEGRATION-ENTIRE AGREEMENT This contract constitutes the entire and exclusive agreement between the parties and cancels and supersedes prior promises, representations, 57