Membership Agreement

Membership Agreement

Last Updated: June 12, 2021

This Membership Agreement (“Agreement”) is between you and Ciderpress Club, LLC (“Club”). By joining the Club as a member, you understand and agree that you, your dependents and guests will be bound by the provisions of this Agreement as now in effect and as amended from time to time by the Club. Such provisions, rules and regulations are posted and available here on the site.

Your membership is a contractual privilege to use the facilities during the Club’s hours of operation. The Club reserves the absolute right to initiate, change or eliminate facilities, services and programs offered from time to time; to initiate, change or eliminate fees for existing or new facilities, services and programs; and to change its hours of operation. Your membership does not entitle you to any interest in the Club or its property and confers no right to participate in the management or operation of the Club.

Rules and Regulations

In order to provide a quality environment that will be clean, safe and pleasant to all members, the following guidelines must be adhered to when in the clubhouse or on Club property. These rules and regulations apply to all members, dependents, guests and rental guests.

Attire: Club management has the right at its sole discretion to refuse inappropriate clothing. Shoes and shirts are required in the clubhouse.

Personal Property: The Club is not responsible for damage, loss or theft of personal property. You should keep any valuables with you at all times while using the facilities. Storage areas do not always protect valuables.

Lost and Found: Lost items will be stored for 30 days before donated to a local charity. Identify your lost items at the Club management office.

Solicitation: No solicitation by members, dependents or guests is permitted in the clubhouse or on Club property unless approved by Club management.

Management: Club management may suspend or cancel the rights, privileges or membership of any member whose actions and/or actions of their dependents and guests are detrimental to Club or the enjoyment of the clubhouse or Club property by other members or any conduct which in the opinion of Club management is prejudicial to the welfare, good order and character of the Club or clubhouse. Any inappropriate behavior, such as profanity or yelling, that is incidental to the enjoyment of the clubhouse and facilities by others may result in membership termination without a refund.

Amending of Rules: We reserve the right to change or add to these rules and to adopt new ones, as we may feel necessary for proper management of the Club.

Access: Members, their guest and renters on a member’s lot shall have access to the Club. Access control shall be via electronic locks that are actuated by key fobs and wristbands. Each member lot shall receive 2 key fobs. Replacement key fobs must be purchased at for $25 per fob. Wristbands are available to purchase at $25 per wristband. The old fob will be deactivated upon purchase of new fobs. No member or their guest shall permit any person to enter the Club that is not a member or authorized guest and shall not in any way tamper with, deactivate or attempt to circumvent the access control system employed by the Club.

Guest Policy: Members may invite guests to the Club. No more than two guests may be invited at any one time, and the same guest may not be invited more than 4 times during the season. Non-member owners of lots in Hearthside Grove are not eligible to be a guest of any member. Members shall be responsible for their guests and shall ensure that all guests conform to such rules and regulations as may be promulgated from time to time.

Renter Policy: Renters of member-owned lots are entitled to the use of the Club as a guest of the member, provided they agree to adhere to the rules of the Club as they are promulgated from time to time. Members shall be responsible for their renters to ensure that they conform to all rules and regulations as may be promulgated from time to time. Renter shall not be entitled to invite guests to the Club.

Unaccompanied Minors: Minors under 16 years of age must be accompanied by the member when in the Club or using Club facilities.

Restricted Use: Certain facilities within the Club are for restricted use during Club events. Those facilities are the movie theater, kitchens, café and fire pit. Use may be granted, in the Club’s sole and absolute discretion, upon written request of the member. Member may be responsible for posting a deposit and paying a reservation fee in accordance with the published rates promulgated by the Club.

Parking: No overnight parking will be permitted on Club property without the expressed written permission of Club management. Members shall be entitled to utilize Club property for the purpose of hooking and unhooking trailers, vehicles and boats but shall not be entitled to store such items on Club property without the expressed consent of Club management and payment of any fees that may be required by Club.

Quiet Hours: Quiet hours for the Club shall from 11:00 PM until 7:00 AM. No activities shall be undertaken in, on or about Club property that disturbs the peace and tranquility of the surrounding lots.

Events: Members shall be entitled to reserve any portion of the Club at the discretion of Club management. Members reserving the Club shall be responsible for posting a cleaning deposit and paying any fees required by Club. Members reserving the Club shall be responsible for returning the Club in the condition it was delivered.

Organized Events: Club reserves the right to have special organized events for its members, as well as the public at large. Such events shall be at the discretion of Club management. Members shall be responsible for paying any applicable fees imposed by Club to participate in certain events that may require payment.

Conduct: Members shall at all times conduct themselves with due respect to other members and guests. Profane, aggressive or hateful conduct or language will not be permitted. Any member or guest who is intoxicated or engages in activities or speech that disrupts the peaceful use and enjoyment of the Club by others will be removed from the premises. Membership will be forfeited should any member be removed from the Club for such activities more than two times in any year.

Property Damage: Members for themselves and their guests shall be responsible for any damage to the Club or any property in or on Club property caused by any negligent acts or omission of the member or their guests and renters. Cleaning fees may be assessed to member at the sole discretion of Club management.

Modification to Rules: Club reserves the right to modify, amend, supplement or replace its rules and regulations from time to time in the sole and absolute discretion of Club. Members, their dependents and guests shall adhere to all said rules and regulations as they are modified or amended.

Ambiguities: Any ambiguity in these rules and regulations shall be construed more favorably to Club than to members and guests.

Suspension of Benefits: Any member not in good standing; delinquent in payment of dues or who has been found to have violated the rules and regulations of Club, as promulgated from time to time, shall be subject to having their Club benefits suspended or revoked at the discretion of Club and shall not be entitled to any reimbursement for fees paid or deposits posted with Club, if any.

Alcohol and Intoxicants: Members, their dependents and guests of legal drinking age are entitled to bring and consume alcoholic beverages at the Club, provided that members, dependents and guests do not consume alcoholic beverages to the extent that they become visibly intoxicated. Members, dependents and guests shall take such precautions to secure alcoholic beverages from being accessible by persons who are below the legal drinking age. No other intoxicant such as marijuana, prescription drugs or other substances are permitted on Club property. No member, dependent or guest shall operate any vehicle, motorcycle, golf cart, bicycle or other means of transportation on Club property while intoxicated.

Membership Dues

Membership is recurring and billed annually from June 1 to May 31. Membership dues are not proratable. If you applied for membership when a multi-year price lock plan was offered, your annual rate will not change during that time period. Otherwise, you will be invoiced for the current rate on an annual basis.

Annual prices and promotions are subject to change and will be reflected on the ciderpressclub.com website. Invoices are for the 12-month period and must be paid in full. Members receive an email every May 1 with an invoice to pay by June 1. Invoices can be paid online using a credit card. Invoices can also be paid by check mailed the Club or provided in person to Club management.

Condo Association Membership: Owners in Condo 2 and The Woodlands are Club members. Their board of directors each entered into an agreement for all their owners to be Club members. Membership dues for owners in Condo 2 and The Woodlands are invoiced to the respective associations and paid quarterly by the association. Club membership for owners in Condo 2 and The Woodlands is also subject that agreement.

Initiation Fee: In consideration of your membership, you may be subject to a $4,999 one-time initiation fee. There is no initiation fee if you applied for membership before August 15, 2020. The initiation fee may be waived under certain conditions at the discretion of Club management. Except as otherwise provided, your initiation fee is non-refundable. The initiation fee is earned by the Club on the date of this Agreement. Your initiation fee will not be prorated. The initiation fee is not a prepaid sum for services; it merely entitles you to services by paying dues and other applicable charges. The one-time initiation fee, if applicable, is in addition to membership dues.

Payments: Payments are only accepted in a lump sum for the entire year’s membership, and payment is not refundable or proratable. Payments are accepted by credit card, debit card or electronic funds transfer using our online payment processing system available through the ciderpressclub.com secure website. Payment by cash or check is also accepted if delivered in person to Club management. We do not offer discounts.

Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your annual membership dues is a base whereby current sales tax rates may be added if required, and to the extent such rates should increase during your membership, the Club has the right to increase your annual membership dues by the amount of such increase.

If any payment of dues or other charges is not made on time, the Club may cancel your membership by giving you notice of such cancellation. The Club may assess late payment fees and suspend privileges. If the Club has to take action to collect any amounts due from you, you agree to pay all costs of such action, including but not limited to attorney fees, returned check charges and administrative costs.

Transferability: Members who sell their property at Hearthside Grove can transfer their membership to the buyer for a $499 transfer fee. The transfer fee can be paid by either the member or the buyer. The transfer fee may be waived under certain conditions at the discretion of Club management. The transfer fee does not apply to owners in Condo 2 or The Woodlands, based in the agreement with their association. The buyer can use your membership during the current annual billing period. If you joined when a price lock plan was offered, the Club will honor the remaining term of your price lock plan and extend the same offer to the buyer during transfer.

Notice

Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you by Club management, emailed to you at the email address provided, or mailed to your address as it appeared on the Membership Application or as subsequently changed by written notice to the Club. Any notice required or permitted to be given by you to the Club shall be considered duly given only when received in writing at the Club management office or by mailing a written notice by certified or registered mail to the Club address:

Ciderpress Club, LLC
2075 Ciderpress Drive
Petoskey, MI 49770

Cancellation

If by reason of death or disability of member, member is unable to receive all services for which member has contracted, member and his/her estate shall be relieved from the obligation of making payment for services other than those services received prior to death or the onset of disability. Disability means a condition which precludes member from physically using the facilities and the condition is verified by a physician.

If you wish to cancel this Agreement, you may cancel by mailing a written notice by certified or registered mail to the address specified below. If you cancel, the Club may request the return of all key fobs, membership cards, parking passes, beverage locker keys, and other documents as evidence of membership. Written notice must be delivered or mailed to the Club address:

Ciderpress Club, LLC
2075 Ciderpress Drive
Petoskey, MI 49770

Release, Waiver of Liability and Indemnification

You hereby understand and agree that use of Club facilities, equipment and services, programs, and premises are undertaken by you at your sole risk. You further understand and agree to wave all claims which you or any dependents or guests may have hereafter against the Club and do hereby release the Club on your behalf and on behalf of any dependents and guests and agree to hold the Club absolutely harmless from all claims, demands, injuries, damages, actions, suits, or causes of action to persons or properly, arising out of or in any way connected with you or your dependent’s or guests use of the Club and its facilities, premises, equipment, services or programs, including those arising out of any active or passive negligent act or omission of the Club.

This waiver and release applies to any and all claims, demands, injuries, damages, actions, suits, or causes of action for injuries sustained by you, your dependents and your guests on Club property. You hereby further agree on behalf of yourself, as well as any dependents and guests, to assume full responsibility for all risks of bodily injury, death or property damage due to the negligent act or omission of the Club.

You acknowledge you have carefully read this waiver and release and fully understand that it is a release of liability and express assumption of risk and indemnity agreement. You are aware and agree that by being a Club member, you agree to this waiver and release, and you are giving up your right to bring a legal action or assert a claim against Club for its negligence, or for any detective product on its premises. You further agree that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made.

Severability

If any provision or any part of any provision of this Agreement is held unenforceable, such enforceability shall not affect the other provisions, or the other parts of such provision, of this Agreement.

Entire Agreement and Modification

This Agreement constitutes the entire agreement between you and the Club relative to your membership. You acknowledge that no other agreement exists between you and the Club relative to your membership and that no representations, other than those set forth in this Agreement, have been made to you to induce you to make this Agreement. This Agreement with the Club can be modified in writing only by Club management and can be terminated only as set forth in the Agreement.

You further understand and agree that the foregoing Agreement, including the Release, Waiver of Liability and Indemnification Agreement is intended to be as broad and inclusive as permitted by the laws of the state(s) where the Club operates, that it shall apply to any period of membership or any prior or subsequent membership period of yours and/or any dependents and guests and to any period in which you and/or any dependents and guests use Club facilities.

Acknowledgement

By joining the Club and being a Club member, you signify that you have read, fully understand and agree to the rules, terms and conditions contained within this Agreement.