MEMBERSHIP AGREEMENT
Aficionados of the Leaf (AOTL)is a private membership club open to adults aged 21 and older.
It is the intent of the AOTL to limit its rules and regulations to the minimum required for the mutual enjoyment of the AOTL by all of its members. It is also the obligation of the AOTL to enforce these rules and regulations for the good of all members.  It is the duty of the members to know the AOTL Rules and Regulations and to cooperate with the AOTL’s Board in the
enforcement thereof. Failure to comply with the terms and conditions of membership may lead to termination of membership at the sole discretion of the AOTL Board.
AOTL grants to you a revocable and non-transferable membership subject to the terms of this Agreement and the terms set forth in the AOTL Membership Application. AOTL has the right to revoke your membership without notice and will not be obligated to refund any membership fees.
By entering into this Agreement, the parties agree to the following terms:
1) Payment for membership is due upon signing of this Agreement and is non-refundable and nontransferable. The annual fee for full membership is $25 per Month or $275.00 if prepaid.
2) The term of this Membership Agreement is one year from its execution and will automatically renew with Member’s annual membership renewal. The membership fee will be charged to the method of payment submitted with the Membership Application on Member’s renewal date unless written notice of cancellation is received by the AOTL 30 days prior. Membership privileges may be suspended or revoked for non-payment of fees.
Cancellation of membership within the first year will be subject to a $100 early cancellation of membership fee.
3) AOTL reserves the right to revoke the membership of any person in violation of membership policies, rules, or for misconduct.
4) Cell phones are permitted in the AOTL with the following stipulations: a) phones should be set to the quietest ring setting or vibration mode; b) phone conversations should be limited to no more than five minutes; and c) the Member’s voice level should remain low throughout the conversation. Be considerate and aware of other members.
5) Guest Policy: Two (2) guests per calendar month at no additional cost. All additional guests shall pay $10.00 each per day. The same person cannot be a guest more than twice per month without becoming a member. All guests must sign in prior to entering the lounge.
Spouses are exempt and will be considered a Club Member.
Spouse guests may accompany Member free of charge.
6) Member agrees not to store any illegal products/items at the AOTL and acknowledges that doing so will be grounds for immediate termination of membership and all membership rights and forfeiture of any and all rights/claims to: Aficionados of the Leaf 22 Washington Ave Endicott, NY 13760 www.thedoghousecigarlounge.com a refund of membership fees. Further, Member hereby agrees to indemnify AOTL for any liability and legal fees
incurred by the AOTL as a result of such illegal storage and/or activity.
7) Hours are posted and set; however, AOTL reserves the right to change any and all such hours with notice to its membership.
8) AOTL permits members to bring their own alcoholic beverages onto the premises. Member acknowledges that the ability to do so is a privilege and Member (and guest(s) if applicable) will consume such alcoholic beverages in a responsible manner. AOTL has zero tolerance for underage consumption of alcoholic beverages; members and their guests must be at least 21 years of age.
9) Damage to AOTL furniture or fixtures as a result of Member carelessness or disregard shall be replaced or repaired at Member’s expense. The membership is encouraged to report such damage to the AOTL.
10) Members are responsible for picking up after themselves and their guest. If the premises is left in an unfit manner, set solely at the discretion of AOTL, Members MAY be accessed a Cleaning Fee to be determined by AOTL
11) The AOTL has installed an Access Control System secured entry with access by Proximity Cards. Cards will be assigned to members at the time of membership activation/renewal, and a refundable deposit of $25.00 is required at the time of assignment. If you currently have a key fob or swipe card designated for use with our system, we will be more than happy to program it for use at the AOTL.
12) Membership privileges may be suspended or revoked for failure to abide by and adhere to any of the rules, regulations, and policies set forth by the AOTL.
13) AOTL reserves the right to refuse service and/or access to the premises to any member/guest.
14) AOTL reserves the right to modify this Agreement at any time. Membership will receive notice of such modifications.
15) Management reserves the right to close the lounge on occasion for any purpose or function.
16) Management reserves the right to open the lounge to the public for any purpose or function.

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LIMITATION OF LIABILITY
THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE USE OF AOTL’S FACILITY AND ANY PRIVILEGE OR SERVICE INCIDENT TO MEMBERSHIP IS UNDERTAKEN WITH KNOWLEDGE OF RISK OF POSSIBLE INJURY. I HEREBY ACCEPT ANY AND ALL RISK OF INJURY TO MYSELF AND MY GUESTS SUSTAINED WHILE USING AOTL OR IN ANY EVENT OR ACTIVITY INCIDENT TO MEMBERSHIP IN AOTL. I UNDERSTAND THAT I AM RELIEVING AOTL, ITS AFFILIATES, SUCCESSORS, AND ASSIGNS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LOSS, COST, CLAIMS, INJURY, DAMAGES, OR LIABILITY SUSTAINED OR INCURRED BY ME AND MY GUESTS IN CONNECTION WITH MEMBERSHIP IN AOTL AND USE OF AOTL’S FACILITY. NEITHER
AOTL NOR ITS PROPRIETORS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, MY AOTL MEMBERSHIP, OR USE OF THE AOTL FACILITY.

WHETHER IN AOTL CONTRACT OR TORT OR OTHERWISE, ANY AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL DIRECT OR INDIRECT DAMAGES THAT CAN BE PROVED UP TO AN AMOUNT NOT TO EXCEED $500.
IMPOSSIBILITY & LEGALITY
In the event the operation of this Club becomes impossible or impractical due to changes in the legalities associated with the operation of a cigar club or establishment that permits smoking in the Village of Endicott or other circumstances out of AOTL's control.
ENTIRE AGREEMENT
This Agreement, in conjunction with the Membership Application, shall constitute the entire agreement between you and AOTL regarding your membership and the duties and obligations of all parties associated therewith, and it shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the
parties.
SEVERABILITY
To the maximum extent possible, each provision of this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
CHOICE OF LAW
In the event litigation is required based on the terms of this Agreement, the parties hereby agree that any and all such litigation will be filed in Broome County District Court and this Agreement and transaction shall be governed by the laws and regulations of the State Of New York.

WAIVER & RELEASE
In exchange for membership in the Aficionados of the Leaf (AOTL), I hereby provide the following:
1) I recognize that there are certain risks associated with activities that take place at the AOTL, including, but not limited to, the effects of cigar smoking and secondhand smoke present in the AOTL;
2) I hereby waive and release any and all claims for my heirs and myself and agree to hold harmless AOTL from and against all actions, demands, liabilities, suits, costs, and expenses, including attorney fees and claims, both known, unknown, and unrecognizable, for negligence arising out of the use of the facilities, participation in AOTL events, and my membership in the AOTL; and
3) I have carefully read and agree to the terms and policies set forth in the AOTL Membership Application and
Membership Agreement as it now exists and as it may be amended in the future.
I HAVE RECEIVED, READ, AND AGREE TO ABIDE BY THE RULES AND REGULATIONS SET FORTH
IN THIS AGREEMENT AND THE MEMBERSHIP APPLICATION.
MEMBER NAME: MEMBER NO. _______
(Please Print)
SIGNATURE: DATE: __________________
HEREBY APPROVED AND ACCEPTED BY Aficionados of the Leaf.
SIGNATURE: DATE: ____________________