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 Sponsoring Company listed on the application (if any) (collectively referred to herein as “You”) and Vistage Worldwide, Inc. (“Vistage”). Both the individual and the Sponsoring Company listed on the Membership 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 Sponsoring Company. By signing this application, the individual confirms that s/he is authorized to bind the listed Sponsoring 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 maintain up-to-date account information.
- Vistage Chairs: Vistage Chairs are independent contractors and may offer services outside of the work they do through Vistage. By entering into this Agreement, You understand and agree that Vistage is not responsible for any loss or damage arising out of services for which payment is not made directly to Vistage.
- 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 Your first installment of membership dues and any applicable enrollment fee. If You’ve selected credit card or EFT, upon acceptance of Your membership, dues will be automatically charged to Your selected method of payment. If You’ve selected check as Your payment method, You must include a check with the application. The check will only be deposited upon acceptance of Your membership. Applications will not be considered unless check or other payment method is provided. You will thereafter be responsible for the payment of membership dues in advance of the period for which dues are payable based on Your elected recurring 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 members in and out of the Vistage Group. For cancellation notifications received prior to the 15th of the month, the entire month will count toward 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.
- 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 in 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.
- 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.
(Last updated: June 13, 2019)