Terms & Conditions
e-Spot™™ MEMBERSHIP AGREEMENT
1. LICENSE. The Member is hereby granted a one-year revocable license effective from the time of receipt of payment for the first month thereof together with payment of the initiation fee to enter and use the e-Spot™ facilities subject to the terms of this Membership Agreement, and the e-Spot™ Rules and Regulations. The license is automatically renewed each month unless it is cancelled in accordance with this Agreement.
2. RULES AND REGULATIONS. The e-Spot™ Rules and Regulations control the use and operation of the e-Spot™’s facilities. They are posted on the e-Spot™ website at http://www.e-Spot.ca. The e-Spot™ reserves the right to change the e-Spot™ Rules and Regulations from time to time by posting such changes on the e-Spot™ website. The Member hereby agrees to abide by the e-Spot™ Rules and Regulations as amended from time to time.
3. BENEFITS OF MEMBERSHIP. Membership entitles you enter the membership areas e-Spot™ facilities during normal operating hours subject to the e-Spot™’s right, at the discretion of Management, to use the e-Spot™ facilities for activities or purposes related to the operation or promotion of its business. Members may be entitled to certain additional benefits from time to time as may be offered by the e-Spot™ or any e-Team members. Membership does NOT include:
a. Room or facility rentals
b. Engagement of services provided by the e-Spot™ or e-Team members
c. Entrance or participation at e-Spot™ events that are provided at a fee
4. FEES. The Member agrees to pay an initiation fee of $200.00, and a monthly fee of $69.00 for the duration of the one-year membership. The initiation fee and the first monthly fee are due immediately upon execution of this Membership Agreement. Renewal will be subject to execution of the then standard membership agreement and payment of the then standard fees. Your monthly membership fee is payable via post-dated cheques or automatic credit account charge in advance, and is on the same day of each month. There will be a $10.00 charge for each statement which is generated to collect membership fees, and a $20.00 charge for any declined payments. Fees may change, and notice of such change will be posted with the e-Spot™ Rules and Regulations on the e-Spot™ website. The Member hereby authorizes the e-Spot™ to use any means of collection for unpaid past due accounts including but not limited to collection agencies, credit bureaus, and authorizing credit card debits. The Member hereby agrees to indemnify the e-Spot™ in relation to any costs incurred in the process of attempting to collect past-due membership fees from the Member.
5. MEMBERSHIP CARD. The Member is being provided with a membership card that the Member will need to present for access to the e-Spot™. Lost or damaged membership cards may be replaced for a fee of $20.00.
6. TERMINATION BY THE e-Spot™. If you are in breach of this Membership Agreement or you fail to follow the e-Spot™ Rules and Regulations, then:
a. If the breach is curable, the e-Spot™ may freeze the Member’s membership privileges and provide you with thirty (30) days written notice and opportunity to cure the breach prior to cancelling the Member’s membership; or
b. If the breach is not curable, the e-Spot™ may cancel the Member’s membership immediately.
7. TERMINATION BY THE MEMBER. You may cancel this Membership Agreement subject to the terms listed in this paragraph. All cancellations require written notice at least one month in advance of the end of the month in which membership is to be terminated together with payment of a $100 termination fee. Initiation fees and membership fees payable prior to the effective date of termination are not refundable. All outstanding owed by the Member to the e-Spot™ shall be paid, and the Member’s membership card shall be returned prior to membership being considered cancelled. A $20.00 fee will be assessed for membership cards that are lost or otherwise have not been returned. It shall be the Member’s responsibility to confirm that any notice of cancellation has been received by the e-Spot™.
8. REFUNDS. In no event will the e-Spot™ be responsible to issue any refunds.
9. NOTICE. All notices to the e-Spot™ must be in writing and may be made by personal delivery or registered mail to:
e-Spot™ Management Inc.
200-353 Iroquois Shore Road
Oakville, ON L6H 1M3
Attention: Manager
10. GENERAL.
a. RELEASE. In consideration for the acceptance of the Member’s membership application, the Member and its heirs, executors, administrators, representatives, successors and assigns hereby release the e-Spot™™ and its agents, owners, servants, contractors, representatives, successors and assigns ("Releasees") of and from all claims, demands, damages, costs, expenses, actions and causes of actions, whether in law or equity, arising or to arise by reason of the Member’s membership in the e-Spot™, or the Member’s use of or attendance at the e-Spot™’s facilities, the Member’s use of products or services from or relationships with other e-Spot™ members or e-Team members or any other third parties, subject only to the e-Spot™’s negligence or willful misconduct.
b. PROPERTY. The Member hereby acknowledges that the Releasees are not responsible for any loss or damage to the Member’ property.
c. COLLECTION LIMIT. The Member agrees for any breach of contract Claim under this Membership Agreement, that neither the e-Spot™ nor Member shall be entitled to collect more than the amounts that have paid or were due to have been paid by the Member to the e-Spot™ in the six months prior to the event giving rise to the Claim.
d. TIME LIMIT. The Member agrees that all breach of contract Claims brought by either party under this Membership Agreement shall be brought within one (1) year after the date that it accrues.
e. WAIVER AND SEVERANCE. No term or provision shall be deemed waived unless such waiver or consent shall be in writing and signed by the waiving party. If a provision of this Membership Agreement, or portion thereof, is found to be invalid or unenforceable, it shall be omitted from this Membership Agreement without invalidating the remainder of this Membership Agreement.
f. INDEMNIFICATION. The Member further undertakes to hold and save harmless and agree to indemnify the Releasees from and against any and all liability incurred by any or all of them arising as a result of or in any way connected to the membership of the Member in the e-Spot™.
g. ARBITRATION. All claims, demands, suits, actions, or causes of action, etc. (collectively “Claims”) shall be subject to binding arbitration in the Regional Municipality of Halton, and conducted by the ADR Institute of Ontario.
