The Listening Club NFP
Version 1.2 dated 17.10.2021
Approved by vote of the Board of Directors 2.11.2021
This membership agreement is a contract that discusses member rights, responsibilities, and expectations of all members or guests of The Listening Club. This membership agreement references a number of official policies that are available for member review. These documents can be found in TLC’s office. The Membership Agreement will be referred to as “Agreement,” and The Listening Club also referred to as “TLC” and/or “Organization”, the physical space it inhabits referred to as the “Facility”, the The Listening Club’s Member(s) referred to as “Member(s)” or “Membership”, and any associated guests of Members referred to as “Guests”.
Positions responsible for the oversight and administration of the organization include the Board of Trustees, the Board of Directors, Officers, and any designated agents selected by a Vote of the Board of Directors, whose names shall be maintained in a public list of roles and duties. The Membership is responsible for the maintenance and stewardship of the organization for the benefit of all Members.
Membership Agreement, Limitation of Liability & Waiver
All members, guests, and participants, enter into this Agreement as a condition of membership and as a part of participating in The Listening Club activities and/or events, and extends all rights and privileges herein to TLC and its affiliates.
All members, guests, and participants, have read, understood, agreed to and signed TLC’s “Waiver and Release of Liability, Indemnification and Assumption of Risk, and Hold Harmless Agreement” herein called “Waiver”, which will be provided simultaneously with this Membership Agreement prior to the use of facilities, and/or attendance at any workshop provided by TLC. No member or non-member is permitted to use the facilities, items, or equipment for any reason without the acceptance and signing of the Waiver.
All members, guests, and participants at TLC agree to treat all members and guests with courtesy and respect regardless of level of experience, level of ability, level of interest, gender, gender expression, sexuality, age, race, creed, color, origin, or personal experience.
The following actions are prohibited by members and guests while at TLC:
Member agrees to follow all policies now in force, or in the future, adopted by TLC, including, but not limited to policies with regard to use of equipment, services and Facility premises and amenities. Any delay or failure by The Listening Club to enforce any policy or rule presented within or without this agreement will not constitute a waiver of The Listening Club’s right to do so in the future.
Only persons or members that have been formally authorized to act as an agent or representative of The Listening Club are permitted to represent in any and all conversations, writing, or other communication with any public official or service provider. Failure to secure permission may result in the forfeiture of membership.
The Listening Club does not promote or discriminate against any person, population group, or organization with regard to categories protected by applicable United States law. These include, but are not limited to race, color, religion, sex, gender expression, sexual orientation, physical appearance, language, educational background, national origin, age, disability, and veteran status.
All members must avoid any behavior or conduct that could reasonably be interpreted as harassment, which includes, but is not limited to:
Members are allowed to express the socializing limits they wish to have with another member; members must abide by that limit.
Creative content presented at TLC of a graphic sexual, violent, or disturbing nature is permitted. However, any predetermined intent to include potentially disturbing material should be accompanied by a notification to a Director so that sufficient warning may be provided to the membership. This can be amended at the discretion of the Board.
Membership Benefits, Tiers, and Dues Schedule
The benefits of membership in the Organization shall be conferred upon the member when the requirements listed in the Classes of Membership [Bylaws III.1] have been fulfilled, and with respect to the following:
Membership dues, tiers, benefits, discounts, and payment methods are set by resolution of the Board of Directors.
Allowed methods of payments shall be:
Electronic payments as detailed and accepted through the Organization’s website.
Representations and Warranties
By submitting payment upon formal acceptance into TLC and in accordance with the dues schedule, via accepted methods of payment, the individual has initiated membership to The Listening Club, is now a member and asserts the following:
It is the responsibility of each member to help enforce the Membership Agreement. If a member is violating the Membership Agreement, politely explain to them why their behavior is not acceptable. Egregious violations should be reported to a Director as soon as possible.
Members agree to and assume the following responsibilities for:
Guests must sign the Waiver.
Guests may only be present in The Listening Club with a Member present and under their direct supervision.
Guests are not allowed to use items and equipment, except as part of a scheduled class or workshop, or by special permission of the Board.
Members are responsible for their associated Guests and their actions.
Minors and adults under 21 must be accompanied closely (ie. visual range) by a Parent or Legal Guardian at all times and are not permitted to have unsupervised access to the facility.
Minors under the age of 18 must sign a liability form and have it co-signed by a Parent or Legal Guardian.
Parents/Legal Guardians are directly responsible for their children and their actions.
Members and Guests are permitted to use the facilities provided they comply with all policies and safety procedures including, but not limited to:
Anyone that is asked to cease unsafe, dangerous, or damaging behavior is expected to comply immediately.
TLC reserves the right to place surveillance cameras within and without the facility where necessary and appropriate to monitor certain public areas by a vote of the Directors.
Only the Board of Directors or designated agents may have access to security footage on an as-needed case-by-case basis. Any instance of accessing camera footage shall be recorded in the following member meeting’s minutes and shall include the reason and individual accessing the footage. If providing a public reason would conflict with confidentiality in a dispute, surveillance footage access should be recorded in the process notes of the Board for that raised issue.
All camera footage will be kept for a maximum of 6 months, unless part of an ongoing Board proceeding.
Members may not install recording devices or cameras in the facility without a vote of the Directors.
Conflict Resolution Procedure
Members, guests, and participants are expected to resolve raised issues and disputes on their own, when at all possible; unbiased parties or mediators should be encouraged to assist. If the issue remains unresolved, any member may file an issue with the Board of Directors, who will address the dispute in the manner they see fit.
Temporary Removal of Membership Rights and Privileges
TLC may immediately revoke or suspend the rights and/or expel from the premises, online systems, or sponsored events, any members, guests, or participants found to be in violation of the membership agreement, bylaws, or policies by a majority of the Board of Directors.
Written notice of temporary removal of membership privileges and rights shall be sent to the member’s email on file, and be in-force immediately unless explicitly stated otherwise in writing.
Members whose rights and privileges have been temporarily removed shall be allowed to return to the facility at scheduled times to speak directly with Board, to collect or remove belongings under direct scheduled supervision of a Board member, or any other purpose at the discretion of the Board.
If a Member’s rights are removed for any reason, the Organization shall not be required to refund any fees.
Reservation of Rights of the Organization, Warranty Disclaimer
Rights of Publicity
Electronics, Computing, & Networking Policy
By way of example, and not as a limitation, Member agrees that when using electronic assets related to TLC they will not:
This Agreement and the rights and obligations contained therein may not be assigned, delegated or transferred by either party and any such attempt shall be void.
Governing Law; Venue
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Illinois as applied to contracts that are executed and performed entirely in Illinois. The exclusive venue for any action, arbitration, or other proceeding based on or arising out of this Agreement shall be Cook County, Illinois.
Jurisdiction of Disputes
Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort or other legal theory, shall be heard and determined by a judge of the Circuit Court of Cook County Illinois.
Modification of Agreement
All amendments, changes, or additions to the Membership Agreement shall be executed by a “vote of the Membership” or “vote of the Board of Directors” as per the TLC bylaws.
If any provision of this Agreement is declared invalid or unenforceable by a court having competent jurisdiction, it is mutually agreed that this Agreement shall endure except for the part declared invalid or unenforceable by order of such court. The parties shall consult and use their best efforts to agree upon a valid and enforceable provision which shall be a reasonable substitute for such invalid or unenforceable provision in light of the intent of this Agreement.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, superseding any and all other previous and contemporaneous agreements, understandings, proposals, conditions, warranties, representations or statements, oral or written, with regard to the subject matter hereof. Any previous agreements between the parties pertaining to the subject matter of this Agreement are hereby expressly canceled and terminated.
Agreement to the terms of the membership agreement persists regardless of subsequent changes to the terms of the agreement. TLC will notify members of changes to the Membership Agreement using the contact information provided by the member.
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