Terms and Conditions of Membership
- This Application shall entitle the Applicant to apply for Frosty Valley Membership privileges provided by Frosty Valley after Applicant is approved and accepted by Frosty Valley. This Application will not be acted upon unless fully completed, executed and accompanied by a check or credit/debit card for payment of the Membership Fee. Memberships run on an annual calendar year basis and cancellation of Membership is subject to the resignation process as detailed below.
- Membership Dues are payable on an annual basis and are charged to the Applicant from February through November in ten (10) equal payments. Applicant may choose to pay the Membership Fee in full or a monthly payment plan option. The monthly payment plan option is subject to a five percent (5%) service Fee on each monthly payment and are subject to the credit/debit card requirements and payment terms in this Application. All Members agree to spend $60/month on food at Frosty Valley.
- Applicant acknowledges receipt of and agrees, by execution of this Membership Application, upon acceptance of Application by Frosty Valley, to be bound by the Membership Plan and the rules and regulations, as they each may be amended from time to time. Membership is subject to suspension or termination for failure to abide by Membership conditions. Applicant further acknowledges and agrees to be responsible for all Dues and charges incurred that shall be due and payable no later than thirty (30) days from the date of the monthly statement. Applicant’s signature below authorizes Frosty Valley to charge the credit/debit card shown above for all charges that exceed thirty (30) days. All costs and expenses incurred by Frosty Valley in the collection of any amounts not paid when due, including, but not limited to court costs, collection fees and attorney’s fees, whether at the trial level or on appeal, shall be charged to Applicant, and shall be due and payable upon demand. Members will be charged Dues on a monthly basis or with yearly payment in advance and will be required to have a valid credit/debit card on file. Monthly Dues will be charged on the first day of each month. Member agrees that all disputes on the Member’s credit/debit card account, relating to Frosty Valley, will be promptly brought to Frosty Valley’s attention. The undersigned understands that he/she is obligated to keep a valid approved credit/debit card on file with Frosty Valley at all times for Membership Dues only and that the undersigned is responsible for any amounts that are not paid by the credit/debit card company. If at any time, the Membership Dues and/or other charges of the undersigned are thirty (30) days past due, the undersigned understands that his/her Membership privileges will be suspended until the account is paid.
- Applicant acknowledges that the Membership is not an investment in Frosty Valley, nor does it provide an equity or ownership interest in Frosty Valley or Frosty Valley facilities. Membership in Frosty Valley does not confer upon the Applicant a vested right or prescriptive right or easement to use Frosty Valley facilities. Applicant acknowledges that a Member only acquires a revocable license to use Frosty Valley facilities in accordance with the Membership Plan and the privileges associated with the Membership category and Dues option acquired. Frosty Valley reserves the right, at any time, or from time to time, in its sole and absolute discretion, to reserve Memberships, to discontinue operation of any or all of Frosty Valley facilities, to sell or otherwise dispose of Frosty Valley facilities in any manner whatsoever and to any person whomsoever, to terminate any or all types of Membership and to make any other changes in the terms and conditions of Membership or facilities available for use by Members. In the event the Membership Plan is terminated or any Membership category is terminated, Frosty Valley shall repay the Members so affected any initial initiation Fee actually paid by the Members whose Memberships have been terminated. Frosty Valley may assign the Membership and an assignment that continues the Membership shall not constitute a termination of the Membership. All Members agree to be bound by any changes to the Membership.
- Applicant covenants and agrees to indemnify and hold harmless Frosty Valley and its Members, partners, shareholders, directors, officers, employees, representatives, affiliates and agents in accordance with the provisions of the Membership Plan and the rules and regulations of Frosty Valley from and against any and all liabilities, costs (including reasonable attorney’s fees), claims, demands or damages incident to or arising out of or relating to the acts or omissions of Applicant, their family or guest(s) and their respective use or occupancy of the facilities. In addition, by executing this agreement, Applicant hereby voluntarily assumes all risks of accident or damage to Applicant’s person or property, and the person or property of Applicant’s family and guests, arising out of or relating to the use or occupancy of the facilities including, but not limited to errant golf balls, operation of a golf cart and adverse weather conditions including lightning.
- Applicant acknowledges that use of Frosty Valley Facilities may be restricted from time to time, and that use, service or other charges may vary from time to time.
- Upon signing this Application, Applicant authorizes the disclosure and release of information to Frosty Valley for investigating Applicant’s qualifications for Membership, and authorizes all persons or entities mentioned above to furnish information to Frosty Valley, including, without limitation, Applicant’s credit history. Applicant agrees that all information and communications received by Frosty Valley in connection with this Application are privileged, confidential and not subject to disclosure to Applicant or to any other person other than authorized Frosty Valley personnel. Applicant agrees never to make demand on Frosty Valley, or any other person, to disclose any of the information or communications to Applicant, and Applicant releases Frosty Valley, and its Members, partners, officers, directors, shareholders, employees, representatives, affiliates and agents and any person providing information or communications from any liability in connection therewith.
- No refund of the initiation Fee, Dues, transfer Fee, Application Fee or administrative Fee will be made under any condition. Resignation is permitted only in accordance with the Membership Plan that includes giving Frosty Valley a 30-day written notice. Applicant acknowledges that the Membership Fee and all other amounts must be paid in full prior to resignation of the Membership. Any interest earned on the Membership Fee shall be the property of Frosty Valley. The Membership Fee may be refunded at any time, at the sole discretion of Frosty Valley, without penalty or premium. The right of Applicant to receive repayment of the Membership Fee, without interest, is not transferable except as otherwise provided in the plan. The Membership Fee is also security for the payment of Dues and charges incurred by Applicant. All amounts due by Applicant to Frosty Valley, which remain unpaid on the date of repayment of the Membership Fee, shall be deducted from the Membership Fee. If any clause, provision or section of this Application is determined to be illegal, invalid or unenforceable by any court, the illegality, invalidity or unenforceable of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections and the Application shall be constructed and enforced as if such illegal, invalid or unenforceable clause, provision or section had not been included.