Membership Terms and Conditions

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The 40/40 Club Membership Rules, Terms and Conditions:

Member

The Member is the person that has obtained membership to The 40/40 Club in order to participate in the program through execution of the Membership Agreement.

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Membership Agreement

The Membership Agreement is the agreement executed by The 40/40 Club and the Member through which the Member becomes a member of The 40/40 Club.

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Membership

Correct details must be provided when you apply for 40/40 Club Membership and failure to do so may invalidate Membership and any subsequent transactions. Providing accurate information is a continuing obligation and The 40/40 Club must be notified in the event that any information provided to The 40/40 Club or its personnel changes.  Members must be at least 21 years of age, verified by, driver’s license, military identification card or valid passport.  Membership of any Member may be revoked at the sole discretion of The 40/40 Club at any time for any reason whatsoever. By enrolling as a Member, you agree to be legally bound by these Rules, Terms and Conditions and your Membership shall be subject to these Rules, Terms and Conditions, as they may be amended from time to time by The 40/40 Club.

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Membership Card

Only the person to whom a Membership Card is issued may use the Membership Card. Membership Cards are non-transferable, except for pre-approved additional users. The 40/40 Club must be notified immediately of a lost or stolen card, by contacting The 40/40 Club. The replacement fee for each card is $25.

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Dress Code

Management of The 40/40 Club reserves the right to refuse access to anyone dressed inappropriately in their sole discretion. Athletic wear, shorts, baggy or torn jeans, and baseball hats worn inside The 40/40 Club are not permitted.

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Membership Fees, Cancellations and Renewals

Cost of Membership is non-refundable.  A Member may resign such Member’s Membership by informing The 40/40 Club in writing of such Member’s resignation, but the Member will not receive a refund of any portion of the Membership fee in return. A Membership may be suspended or terminated by The 40/40 Club for any reason in The 40/40 Club’s sole discretion, including without limitation the following reasons:

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  • The Member permits such Member’s Membership Card to be used by anyone other than the Member
  • A Member sells the privileges of Membership to a non-member
  • The Member or any of the Member’s guests exhibit unsatisfactory behavior at The 40/40 Club

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Membership fees are communicated upon application for a Membership. The 40/40 Club reserves the right to increase or decrease Membership fees from time to time.  The 40/40 Club will attempt to notify the Member of any change in Membership fees via telephone and/or email following any such change.

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Membership is valid for twelve consecutive months. No refunds or extensions will be given if you are unable to use your Membership at any stage during this time. Your Membership fee may be refunded at The 40/40 Club’s sole discretion taking into account the circumstances of any request for a refund.

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Membership fees are due on acceptance of your Membership application and annually thereafter. Membership fees are payable annually in advance by direct debit or payment by a credit/debit card which is listed on your Membership Agreement (“Payment Card”).

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Non-transferability of Membership

No member may transfer a Membership by sale, gift or otherwise, whether voluntarily or involuntarily.

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Membership Benefits

As a Member of The 40/40 Club, you are entitled to the Membership benefits set forth on the website of The 40/40 Club. Membership benefits set out are subject to availability and may change from time to time without notice.

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The 40/40 Club aims to ensure that Membership benefits remain available to Members at all times and that you receive maximum use of your Membership. If any of the benefits become unavailable, we will use reasonable efforts to ensure that prior commitments are honored , but neither The 40/40 Club nor its employees shall be responsible for any actions of its suppliers or events beyond The 40/40 Club’s control.

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Using Your Membership

You may make requests regarding your Membership by telephone or email.  The 40/40 Club will provide both the services and benefits described on its website (as updated from time to time) at your request (the “Services”).  The 40/40 Club reserves the right to withdraw any of the Services and/or to refuse to supply the Services requested. If The 40/40 Club is unable to fulfill any request, it will inform you as soon as reasonably practicable.

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When ordering a Service or accessing a benefit, you may be required to provide your credit card details. If you request and authorize The 40/40 Club to use your Payment Card in order to pay for such Service and/or benefit, you acknowledge and agree that The 40/40 Club shall have no liability in respect of or be responsible in any way whatsoever in respect of the use of your Payment Card provided that The 40/40 Club acts in accordance with the instructions issued by you in relation thereto.

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You undertake that all details you provide to us for the purpose of booking, ordering or purchasing any Service and/or benefit is correct, that the credit card you are using is your own and that there are sufficient funds to cover the cost of the Service and/or benefit.

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Cover Charges

All Members receive complementary admission to The 40/40 Club for all paid events, excluding New Year’s Eve.

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Etiquette

Members and their guests shall maintain proper decorum while enjoying The 40/40 Club. Management reserves the right to ask a Member and/or his/her guests to leave if (a) their behavior, language or attire is deemed inappropriate, (b) their actions or conduct interferes with the enjoyment of other Members or their guests or (c) a Member or any of their guests possess illegal drugs. No loitering or profanity is allowed and no outside alcoholic beverages are allowed on to the premises of The 40/40 Club.

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Minors

Alcoholic Beverages may not be sold or served to anyone not permitted to purchase alcohol under the law. Minors are not permitted at The 40/40 Club after 11:00PM.

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Private Parties

Private parties are encouraged at The 40/40 Club and in its VIP Rooms. Members may inquire with the Guest Services Director at 212-832-4040 for available dates and arrangements.

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Mailing Address

You must notify The 40/40 Club (Membership Services) in writing of a change in your mailing address or any other personal information at The 40/40 Club @255 West 36th Street, Ste. 1501, New York, NY 10018.

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Limitation of Liability

NONE OF The 40/40 Club, ITS AFFILIATES, OR SUBSIDIARIES, SUPPLIERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS (“ASSOCIATES“) SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES“), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE RULES, TERMS & CONDITIONS; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE MEMBERSHIPS; (III) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE 40/40 CLUB OR A MEMBERSHIP MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (IV) THE PROVISION OF ANY SERVICES BY US, ONE OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.

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Except in respect of death and personal injury and subject to the provisions of these rules, Terms and Conditions, The 40/40 Club’s maximum liability to you for breach of any of its obligations hereunder shall be limited to the value of the annual membership fee and any charge for the Services to be provided.

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By obtaining a Membership you hereby agree: (a) under no circumstances will you be entitled to rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expenses in connection with your Membership; (b) all causes of action or claims arising out of or connected with your Membership shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

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Privacy Policy

The 40/40 Club is strongly committed to protecting your privacy. Membership information is used to help provide a more personalized experience. It is used to improve the content of the website of The 40/40 Club and is not shared with other organizations for commercial purposes except as set forth in these Rules, Terms and Conditions. This Privacy Policy explains how The 40/40 Club captures, handles and shares the information associated with your Membership.

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The profile information provided in the Membership application (e.g., name, mailing address, email address, telephone number, communication preferences) is captured in a database dedicated to the Member program (the “Membership Database”). The Membership Database is controlled and managed by certain personnel of The 40/40 Club that manage the Memberships and The 40/40 Club and administer any benefits related thereto. The Membership Database is retained using security protocols to ensure protection from unauthorized access.

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From time to time, we may share a Member’s contact information with outside companies, who provide the Services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. When a Member signs up for Membership, we will share names or other contact information that is necessary for the third parties to provide Services. These parties are not allowed to use personally identifiable information except for the purpose of providing the Services. It is standard operating procedure for The 40/40 Club to safeguard the privacy of our visitors to our website.

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This Privacy Policy strictly governs the access and use of the information stored in the Membership Database. Please be advised that the transaction information in the Membership Database is only a copy of the transaction information from the purchases of Members at The 40/40 Club.

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We may change the terms of this Privacy Policy at any time by posting a revised Privacy Policy on the website of The 40/40 Club. The changes will only affect the information we collect after the effective date of such change unless we clearly state otherwise.

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No Advertising or Solicitation

Unless given prior approval from the Management of The 40/40 Club, commercial advertisements shall not be posted or circulated at The 40/40 Club, nor shall solicitations of any kind be made representing The 40/40 Club.  Members may not sell, charge or collect any fees associated with The 40/40 Club or events taking place at The 40/40 Club. Membership will be revoked should a Member be found charging fees or receiving payment relating to The 40/40 Club.

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Amendment to Rules

The 40/40 Club reserves the right to amend or modify these Rules, Terms and Conditions at any time. Members will be notified of any changes in a timely manner and the changes will take immediate effect.

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Continued use of Membership constitutes acceptance of any amended Rules, Terms and Conditions.

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Copyright

The 40/40 Club owns or is lawfully entitled to all of the copyright and all other intellectual property rights are reserved. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from Membership.

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APPLICABLE LAW AND JURISDICTION

These Rules, Terms and Conditions and your Membership with The 40/40 Club are governed by the laws of the State of New York and are subject to the exclusive jurisdiction of the courts of the State of New York.

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Severability

If any provision of these Rules, Terms and Conditions or application thereof to any person, legal entity or circumstance shall to any extent be invalid, the remainder of these Rules, Terms and Conditions or the application of any provision thereof to such persons, legal entities or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of these Rules, Terms and Conditions shall be valid and enforced to the fullest extent permitted by law.

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