MEMBERSHIP AGREEMENT
HBSM Management LLC. Corporate Services, Inc., shall:
•
Be available
to the Client Member, (hereinafter called “Member”), twenty-four
hours a day, seven days a week, three hundred sixty five days a
year, including nights, weekends and holidays.
•
Shall
maintain current information regarding the Members and yachts in
order to facilitate the products and services provided.
•
Will have on
file the copies of licenses, certifications and insurance for
service providers and information regarding reputations and
quality of their services.
•
Provide
reasonable assistance to the Member and when requests cannot be
fulfilled by HBSM Management LLC., shall refer to the Member a
reputable provider from the VIP Referral Network to assist the
Member.
•
Provide
fully trained Marine Lifestyle Concierges to assist the Member
at all times, and additionally, will grant the Member access to
the Officers and Management of HBSM Management LLC. within a
reasonable amount of time, in order to assist the Member,
resolve disputes, and fulfill the requests of the Member.
•
Advise and
offer suggestions to the Member regarding an alternative
Membership Plan based upon the Member’s current needs, if that
plan would be beneficial to the Member.
•
Will make
every reasonable attempt to provide the product or service
requested by the Member within a reasonable and acceptable
amount of time, and if unable to do so for any reason, will
immediately notify the Member of that fact, and attempt to
assist the Member in another manner or provide a referral to the
Member to facilitate the request.
•
Shall not
agree to refund, alter or cancel a single Premier/Monthly
Membership Plan.
•
Will notify
the Member in advance of the expiration date of the existing
Membership Plan to offer information needed for the Member to
consider renewing the existing plan or selecting an alternate
and more beneficial plan.
•
Shall not
perform or participate in any immoral or illegal act.
•
Maintain the
private information including financial information provided to
HBSM Management LLC. by the Client Member in the course of
Membership with due diligence and in a secure manner so as to
protect the interests and privacy of the Member.
•
Shall
protect the client’s privacy and financial information by
maintaining an affiliation with a leading and reputable
financial firm to process the charges paid by the Member to HBSM
Management LLC., in a safe and secure manner.
•
Agrees to
consider and accept requests for cancellation and/or alteration
of Membership Plans, in writing or by e-mail, and respond in
writing to that specific request within a reasonable amount of
time not to exceed thirty business days. HBSM Management LLC.
further agrees to process a pro-rated refund of the amount paid
within an additional thirty days, or within sixty days of the
date of notification to HBSM Management LLC..
The Client Member shall:
•
Agree and
understand that HBSM Management LLC., Services, (hereinafter
called “HBSM Management”), shall act on behalf
of the
Client Member, (hereinafter called “Member”), as an agent, with
the intent to refer service providers and/or contractors to the
Member and arrange for the service provider/contractor to
provide products and services to the Member; and shall not under
any circumstances be considered the direct provider of those
products and services.
•
Be
responsible for direct payment to the service
provider/contractor, in the manner prescribed by the service
provider/contractor at the time service is authorized and agreed
upon by the Member.
•
Provide HBSM
Management with updated and current contact information and such
other information requested and required by HBSM Management ,
regarding the owners, crews and information regarding the yacht
related to the Member.
•
Acknowledge
and agree that the Application Fee is non-refundable and
separate and distinct from any other fees; that Member will be
responsible for an Application Fee, and upon acceptance as a
Member, the appropriate Membership Fee; and further, that in the
event any other charges become applicable, they will be
disclosed to and authorized by Member prior to incurring the
charge.
•
Shall assist
and facilitate HBSM Management and the service
providers/contractors referred by HBSM Management, in gaining
access to the yacht at all times required, in order to serve the
needs of the Member as requested.
•
Indemnify
and hold HBSM Management harmless for any damages or claim of
damages arising from or related to the actions of any service
provider/contractors referred to the Member by HBSM Management
in fulfilling the specific requests of the Member.
•
Agrees and
understands that Membership Plans will not automatically renew,
but must be requested and paid for prior to becoming effective.
•
May upgrade
their Membership Plan at any time by contacting HBSM Management
for information related to the additional costs involved in
changing to an alternate and more beneficial plan.
•
Indemnify
and hold HBSM Management harmless for any delays in the
fulfillment of services requested by the Member and agreed upon
between the Member and the service provider/contractor referred
to the Member by HBSM Management.
•
Agree and
understand that the Concierge services provided to the Member by
HBSM Management shall commence and end with the dates specified
on the Membership Application Form submitted by the Member and
accepted by HBSM Management as evidenced by the processing and
acceptance of the payment for that Membership.
•
Agree and
understand that the payment of the $100 Application Fee shall
only constitute application for Membership and shall not be
payment for the actual Membership Plan chosen by the Member, nor
considered as payment for any products and services requested by
the Member and arranged for by HBSM Management.
•
Agree and
understand that if the Member does not choose a specific
Membership Plan, but has submitted the $100 Application Fee and
Membership Application Form with same being accepted and
processed by HBSM Management, and is thereby considered a
Member; that when HBSM Management is contacted, that Member
shall automatically default to the Premiere Service Plan and
incur and become responsible to pay to HBSM Management the $75
per call charge, which will provide up to three separate
requests in that call, and additionally, that if the Client
Member requests in excess of three requests during that call, an
additional $75 fee shall be discussed, agreed upon and charged
in order for HBSM Management to fulfill the requests of that
Client Member.
•
Shall
indemnify and hold harmless HBSM Management for any fees
incurred, actions taken, work performed or damages incurred or
claims for damages arising out of Member’s engagement of any
service provider/contractor whether referred by HBSM Management
or otherwise.
•
Shall have
the right to select alternative plan or cancel the membership
plan agreed upon at any time by contacting HBSM Management or
submitting a request in writing or by e-mail. Cancellations
shall require thirty days written notice stating the reason for
the cancellation of the membership plan.
•
Agrees and
understands that the $100 Application fee is non-refundable.
•
May choose
to refuse and not employ a service provider/contractor referred
by HBSM Management, and may expect HBSM Management to make
reasonable attempts to refer alternative suitable service
provider/contractors. As per the membership terms, HBSM
Management will also arrange for a reasonable amount of service
provider/contractors to visit the Member in order to submit
quotes and estimates on products and services requested,
allowing the Member to select the suitable service
provider/contractor.
I,
_____________________________________________, have read the
foregoing Membership Agreement. I hereby acknowledge,
understand, and agree to all the terms set forth therein.
__________________
__________________________________________
Date
Signature
