THIS MEMBERSHIP AGREEMENT for membership into The Vintage (the “Agreement”) is made and entered into as of the date signed below, by and between CIGAR TAILOR, LLC, a North Carolina limited liability company (the “Company”) and the undersigned (the “Member”).
WHEREAS, the Company owns and operates a whiskey and cigar bar known as The Vintage (the “Lounge”) located at 215 E Worthington Avenue, Charlotte, North Carolina (the “Premises”) and is offering certain membership packages, as described on Exhibit B and incorporate herein; and
WHEREAS, the Member desires to become a member of the Lounge.
NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Company and Member hereby agree as follows:
1. The Member hereby acknowledges and expressly agrees to the Company’s rules, regulations and policies, as detailed and described on Exhibit A and incorporated herein (the “Rules and Regulations”). The undersigned Member shall cooperate with the Company’s agents, staff, and affiliates in the enforcement of the Rules and Regulations. Failure to comply with the terms and conditions of Rules and Regulations may lead to termination of membership, and forfeiture of any funds paid to the Company as of the date of the Member’s termination. Such termination detailed and described herein shall be at the sole discretion of the Company.
2. Payment for membership is due upon signing and is non-transferable and non-refundable.
3. All memberships are on a 12-month basis. A partial month will be prorated, with a start date as of the first of the next month. The Member’s annual membership will be automatically renewed unless the Member provides thirty (30) days’ written notice to the Company of the Member’s intent to cancel.
The Company reserves the right to amend this Agreement at any time with or without reason but shall give Member adequate notice of any amendments hereto.
The Company reserves the right to refuse service, as well as access to the Premises, to any person.
The Member’s membership may be suspended or revoked for non-payment of an invoice and/or bill, breach of this Agreement, misconduct, unpaid fees or failure to adhere to any of the Rules and Regulations, and policies set forth by the Lounge and/or The Company.
It is agreed that all alcohol and tobacco consumed on the Premises shall be purchased from the Lounge.
The Member hereby agrees to comply with all local, state and federal laws. It is the Lounge’s policy that no illegal substances or materials, including, by not limited to, any firearms or weapons will be put or stored in any of the cigar lockers. The purposes of the lockers are to hold and store legal tobacco products and accessories (i.e. lighters, cutters, ashtrays) that are incidental to cigars or membership with the Lounge.
The Company does not insure and is not responsible for any contents stored in the cigar lockers. It shall be the Member’s sole responsibility to properly store and secure its personal property kept on the Premises at all times. By signing this Agreement, the Member hereby indemnifies and holds harmless the Company from any loss or damage suffered by the Member via loss, damage or destruction of the Member’s personal property kept on the Premises during the Member’s membership with the Lounge.
By signing this Agreement, Member acknowledges that its membership is directly related to Member’s use of the Lounge shall not be construed or interpreted by Member to grant Member any equity or interest in the Company.
The Company, its agents, its affiliates and its employees maintain a key to all lockers, and the Company reserves the right to access the lockers at any time necessary, by policy or by law. Member expressly recognizes that its locker(s) shall, at all times, remain the sole property of the Company, exclusive of Member’s personal property therein. Any damage or destruction of the locker shall be the sole responsibility of the Member and the Member shall be responsible for any repairs or replacement thereof during the term of the Member’s membership.
Member hereby recognizes that there exist certain risks inherent in the various activities at the Lounge, including the risks associated with smoking and Member freely assumes all risks, including unforeseen or unexpected risks. Member hereby waives all claims brought by Member and/or Member’s heirs; Member agrees not to sue the Company and/or the Lounge and further agrees to indemnify and hold harmless the Company and/or the Lounge from and against all actions, demands, liabilities, suits, costs, and expenses, including reasonable attorney fees, and claims for negligence arising out of Member’s use of the Lounge’s facilities and/or participation in any sponsored activity held by the Lounge and/or the Company. Member agrees to indemnify the Lounge and the Company and pay for all claims brought by Member or Member’s heirs. Member further agrees that Member and its affiliates are solely responsible and will promptly pay for all damages incurred to the Lounge or the Company caused by Member’s family, guests, or Member themselves. Member has carefully read and agreed to the terms and policies of this Agreement as it now exists or may be amended in the future. Member is aware that a direct violation of these rules may result in revocation of Member’s membership contemplated herein.
By signing this Agreement, I have read and agree to comply with the terms set forth in this Agreement. I pledge that all the information I have filled out is accurate and truthful. Any fraudulent information I have filled out can lead to immediate termination of my membership with no refunds.