Vistage Worldwide, Inc.
Membership terms and conditions agreement
- Effect of agreement: This membership terms and conditions agreement (“Agreement”) is entered into on behalf of the individual named on the membership application AND the company listed on the application (if any) (collectively referred to herein as “You”) and Vistage Worldwide, Inc. “Vistage”). Both the individual and the company listed on the application are responsible for the payment of dues and Vistage shall be entitled to collect the full amount owed from either the individual or the company. By signing this application, the individual confirms that s/he is authorized to bind the listed company to this financial responsibility.
- Acceptance: Submission of a membership application by You does not guarantee acceptance as a Vistage member. You will be notified of your application status after submission.
- Membership commitments: Upon acceptance as a member, You agree to:
- Begin membership in the month indicated on the application.
- Undertake best efforts to participate in scheduled Vistage Group meetings;
- Share experiences, challenges, skills and knowledge with fellow members;
- Maintain strict confidentiality of all Vistage Group discussions;
- Immediately disclose any potential conflict of interest issues to Your Vistage Group;
- Host at least one Vistage Group meeting per year; and
- Complete a personal profile on My Vistage and update it at least annually.
- Vistage materials: As a member, You will be given exposure to and other access to utilize Vistage’s methodologies and materials along with other confidential information and intellectual property (“Materials”). You understand and agree that Vistage owns all rights, title and interest, including all intellectual property rights for these Materials.
- Payment: Following acceptance as a member, You will be charged for the applicable enrollment fee and first installment of member dues, in accordance with Your selected billing option and method of payment. You will otherwise be responsible for the payment of member dues in advance of the period for which dues are payable. If You have elected automatic payment, dues will be automatically charged to Your selected method of payment until Your membership is terminated. Should the dues amount change, You will be notified in advance and automatic payments will continue to occur at the new dues amount. Because of the unique nature of the Vistage Group relationship and the limitation placed on the number of members in each Vistage Group, if You wish to discontinue your membership after the first 30 days, a 90-day notice of cancellation is required. This allows for a smooth transition of departing and replacement of Vistage Group members. For cancellation notifications received prior to the 15th of the month, the entire month will count towards the 90 days. For cancellation notifications received after the 15th of the month, the 90 days will not start until the first day of the following month. Membership dues normally increase every year in October by approximately 3%
- Scope of services: The advice, services and opinions provided as part of the Vistage experience are intended to expand thinking and inspire further exploration but are not to be considered a substitute for professional financial, legal, psychological, medical or other professional advice. Even where Vistage Group members or Chairs may be credentialed as professional advisors, an individual relationship with such advisors has not been created and should not be relied upon as professional advice. The Vistage experience is provided “as is” with no warranty of any kind. There is no obligation for members to engage business transactions with Vistage members, Chairs or other Vistage affiliates. Should You elect to engage in such business transactions, You agree that Vistage bears no responsibility or liability for any losses arising therefrom.
- Limitation of liability: To the fullest extent permitted by law, the maximum liability of either party shall not exceed the amount paid by You to Vistage for the twelve month period preceding the occurrence giving rise to such liability. In no event shall either party be liable for consequential, incidental, indirect, punitive or special damages, or loss of profits, data, business or goodwill, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise, even if advised of the likelihood.
- Binding arbitration: To the fullest extent permitted by law, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration before a single arbitrator and administered by JAMS in accordance with its Rules (jamsadr.com). You and Vistage agree to bring any dispute to arbitration on an individual basis only, and not on a class or collective basis on behalf of anyone else. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- General: This Agreement may not be modified unless such modifications are specifically approved in writing by a Vistage Senior Vice President or above and signed by both parties. If any term of this Agreement is deemed unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement will be governed by the laws of the State of California, without regard to conflicts of laws rules.