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Membership Made Easy: Create clear and fair membership contracts to define benefits, set terms, and build trust with your members.
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A Membership Contract is a legal agreement between an organization and its members that outlines the benefits provided by the organization, member responsibilities, membership duration with renewal or cancellation terms, fees and payment schedule, privacy and liability provisions, and how any changes are handled.
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Running a gym, professional association, or social club? You need a membership contract that’s crystal clear and official. It lays out who gets to do what, who’s responsible for what, and all the details about the partnership. In this article, we'll break down:
A membership contract is like a team agreement. It keeps everyone informed and helps prevent confusion. Now, let’s jump in!
Imagine joining a club or organization with no clue about the rules. It would be pretty confusing, right? A membership contract is a simple agreement between an organization and its members that explains everything.
The contract covers what members get (perks, benefits, etc.), what's expected of members (responsibilities, obligations, etc.), and what the organization promises to do (their end of the deal)
Having a solid contract is like having a strategy for a game. A contract helps the organization and its members learn the rules of the game. It stops confusion and mix-ups, makes everything official and lawful, and helps the organization operate smoothly and effectively. No surprises, just a lot of nodding and maybe a few awkward smiles!
If your club or organization offers cool stuff to its members, like perks or services, a membership contract is a must-have! It’s like a handshake that says, “We’re in this together.” Here are some examples of groups that need membership contracts:
Basically, if your group offers something to its members, a membership contract is a good idea!
Here’s what your membership contract should cover:
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A membership contract helps everyone understand their roles and responsibilities, keeping things running smoothly. With Butterscotch, whipping up, managing, and gathering signatures for your membership contracts is as easy as pie, keeping your organization running like a pro and looking sharp!
Jim Clark Co.
This Membership Contract ("Agreement") is made and entered into on ("Effective Date") by and between:
(the “Member”), and
, whose address is
(the “Organization”) (each referred to individually as a “Party” and collectively as the “Parties”).
1. Membership Authorization and Classification
(i) Grant of Membership. The Organization hereby grants the Member access to the Organization’s programs, services, facilities, and related opportunities, subject to the terms of this Agreement and all applicable laws, rules, and policies.
(ii) Membership Classification. Each Member shall be assigned a membership as selected below.
Category: Individual Family Student Business Other:
Membership Type and Level:
(iii) Scope of Member Entitlements. The Member shall receive the benefits as selected and defined below.
Access to
Participation in
Discounts on
Free or priority admission to
Other:
Invitations to members-only events or previews
Networking or mentorship opportunities
Notes or Benefit Details:
(iii) Membership Benefits and Plan Documents. The selected items listed above and any related privileges, services, or entitlements are collectively referred to as the "Membership Benefits."
The Member’s use of the Membership Benefits must comply with the Organization’s rules, policies, and procedures. The Member’s participation in the Organization’s programs, services, or facilities is governed by this Agreement and all applicable laws, codes of conduct, and policies established by the Organization.
Membership Benefits may be further described, supplemented, or clarified in any membership plan, schedule, or policy document issued by the Organization (collectively, the “Plan Documents”). In the event of a conflict between this Agreement and the Plan Documents, the terms of this Agreement shall govern unless otherwise expressly stated in writing.
2. Term and Renewal
(i) Term. The membership begins on and continues for , unless terminated earlier under this Agreement.
(ii) Renewal. Membership renews according to the option selected below:
Automatic Renewal: Renews for the same term and payment method unless canceled beforehand.
Notice-Based Renewal: Renewal notice sent before expiration; renews upon Member confirmation and payment.
Reapplication Required: Member must reapply to continue membership.
3. General Membership Conditions
(i) Trial Periods. If a trial or promotional membership applies, it will automatically convert to a regular membership at the end of the trial period unless the Member cancels before that date.
(ii) No Guarantee of Results. The Organization does not guarantee any specific results or outcomes from participation in its programs, services, or activities. The Organization’s responsibility is limited to providing access to the Membership Benefits described in this Agreement.
4. Fees
The Member agrees to pay the following fees as applicable:
Tier Plans and Fees:
All fees are non-refundable except as expressly stated in this Agreement or required by law. Fees are due and payable by .
Late payments incur % per month (or the maximum allowed by law). The Organization may suspend or terminate membership for nonpayment. Fee adjustments take effect with at least 30 days’ written notice before the next renewal term.
5. Member Information
If applicable for the membership type or required by the Organization, the Member agrees to provide and promptly update the following information:
6. Member Responsibilities
(i) General Expectations. The Member shall (a) follow all Organization policies and rules; (b) use Membership Benefits only for lawful and intended purposes; (c) avoid conduct that harms others or the Organization’s property or reputation; and (d) keep contact and billing details current.
(ii) Facility Rules. If Membership Benefits include use of physical premises or equipment, the Member shall (a) follow posted rules and staff instructions; (b) use equipment safely and as intended; (c) return access cards, key fobs, or other Organization property within [X/5] days of request or termination; and (d) not duplicate, share, or misuse access credentials. Violations may lead to suspension or termination.
7. Organization’s Rights and Obligations
The Organization may (a) modify, update, suspend, or terminate specific Membership Benefits upon reasonable notice; (b) set additional guidelines for safe or proper use of its services; and (c) revoke membership for breach, nonpayment, or policy violations. Such modifications shall not materially diminish the core Membership Benefits without reasonable notice or an opportunity for the Member to cancel. Material changes to Membership Benefits shall be communicated at least days in advance. The Organization shall maintain facilities, equipment, and digital platforms in safe and functional condition and make reasonable efforts to minimize disruptions.
If Membership Benefits include access to physical locations, the Organization may (a) modify hours or services with reasonable notice, (b) temporarily close for maintenance or safety, and (c) provide notice of material changes where feasible.
8. Use of Facilities, Services, or Platform
Access to any facility or digital platform is a privilege, not a lease or ownership interest. The Member must use all facilities and systems with care and comply with posted policies. The Organization may limit or reassign access as needed.
If the Membership Benefits include access to any physical locations, premises, or equipment operated by the Organization, the following apply: (a) Security cameras may operate in common areas for safety and theft prevention but never in private areas. Entry onto the premises constitutes consent to such monitoring; (b) Access devices remain Organization property for personal use only. A $ fee applies to lost, damaged, or unreturned devices; and (c) Lockers, equipment, and furnishings remain Organization property. The Organization is not liable for lost or damaged personal items except as required by law.
9. Confidentiality and Intellectual Property
The Member shall not disclose any confidential information obtained through membership without the Organization’s written consent. All intellectual property, trade names, and materials remain the Organization’s property. The Member receives a limited, non-exclusive, revocable right to use such materials for personal or authorized purposes.
10. Suspension and Termination
Either Party may terminate membership by written notice: the Member with at least 30 days’ notice before the next billing cycle, or the Organization immediately for breach, nonpayment, or unsafe conduct. Upon termination, Membership Benefits end, and any prepaid but unused fees are refunded on a prorated basis unless termination results from the Member’s breach. Key obligations, including confidentiality and dispute resolution, survive termination.
11. Insurance and Conduct
Where Membership Benefits involve physical access, in-person participation, or any activity posing potential risk, the Member is responsible for maintaining adequate personal, health, or liability insurance. If the Member is a minor, a parent or guardian must execute this Agreement and is responsible for compliance and supervision. The Organization is not responsible for injury or loss except due to its gross negligence or willful misconduct. The Member shall comply with all laws, safety rules, and Organization policies; treat other members, staff, and property with respect; refrain from unsafe or disruptive conduct; and follow the Organization’s Code of Conduct. Violations may result in termination.
12. Indemnification
To the fullest extent permitted by law, the Member shall indemnify and hold harmless the Organization, its employees, and agents from third-party claims or expenses arising from the Member’s actions or breach of this Agreement, except where caused by the Organization’s gross negligence or willful misconduct.
13. Data Protection, Privacy, and Use License
The Organization may collect and use personal data solely to manage membership, deliver Membership Benefits, and meet legal obligations, in compliance with its privacy policy and applicable law. Member data will not be sold or shared except as required by law or with authorized service providers under confidentiality. The Member receives a limited, non-exclusive, non-transferable, revocable license to use the Organization’s systems and Membership Benefits for authorized personal use. All other rights remain with the Organization.
14. Dispute Resolution
This Agreement is governed by the laws of the State of , without regard to conflict-of-law rules. The Parties shall first attempt in good faith to resolve any dispute through direct discussion. If unresolved after 30 days, all disputes shall proceed to mediation before a mutually agreed mediator. If no agreement on a mediator is reached within 10 days, one shall be appointed by AAA by default; if AAA is unavailable or declines to administer, then by JAMS or by a mutually acceptable local mediator.
If still unresolved, all disputes shall proceed to binding arbitration under AAA rules, or if AAA is unavailable or declines to administer, then under JAMS. The seat of arbitration shall be , with hearings conducted in , unless otherwise agreed. The arbitration award is final and binding and may be entered in any court of competent jurisdiction.
Nothing in this Section limits either Party from pursuing small claims actions within that court’s jurisdiction or from seeking temporary or injunctive relief to prevent irreparable harm. For all other purposes, the state and federal courts located in , , which shall serve as the exclusive venue.
15. Miscellaneous
(i) Interpretation. The Parties agree that this Agreement shall be interpreted according to its plain meaning and consistent with its stated purpose. Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa, and words of any gender include all genders. References to “including” mean “including, but not limited to.” Ambiguities shall not be interpreted against either Party as the drafter.
(ii) Nature of Agreement. This Agreement creates a contractual relationship only and does not constitute employment, partnership, agency, or joint venture between the Parties.
(iii) No Third-Party Rights. No third party, including other members or guests, has any rights or benefits under this Agreement.
(iv) Transferability. Membership privileges may not be transferred, assigned, or shared without the Organization’s written consent.
(v) Entire Agreement. This Agreement and its incorporated Exhibits represent the entire understanding between the Parties and supersede all prior agreements.
(vi) Amendments. This Agreement may be amended only by a written document signed by both Parties, either as one signed copy or exchanged electronically.
(vii) Force Majeure. Neither Party is liable for delay or failure in performance caused by events beyond its reasonable control, including natural disasters, government actions, system outages, or other unforeseen events, provided the affected Party resumes performance as soon as practicable.
(viii) Severability. If any provision is held invalid, the remainder remains enforceable.
(ix) Waiver. No waiver is effective unless in writing and signed by the granting Party.
(x) Notices. All notices must be in writing and delivered by courier, certified mail, or email with confirmation. Either Party may change its notice address by providing written notice to the other.
(xi) Survival. Provisions that by nature survive termination, including confidentiality, indemnification, data protection, and license terms, remain in effect.
(xii) Execution. This Agreement may be executed in counterparts; each is an original forming one instrument. Electronic signatures are valid and binding. By signing below, the Parties acknowledge that they have read, understood, and agreed to these terms.
16. Definitions
(i) “Agreement” means this Membership Agreement, including any incorporated attachments, schedules or documents.
(ii) “Organization” means the entity providing the Membership Benefits under this Agreement, whether a business, club, association, or other legal body.
(ii) “Member” means the individual or entity granted membership and entitled to receive the Membership Benefits in accordance with this Agreement.
(iv) “Membership Benefits” means the benefits, privileges, programs, services, facilities, or digital platforms made available to the Member under this Agreement or any related Plan Documents, subject to the Organization’s rules, policies, and procedures.
(v) “Plan Documents” means any membership plans, schedules, policies, or similar documents issued by the Organization that describe, supplement, or clarify the Membership Benefits.
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