PRIVATE MEMBER ASSOCIATION MEMBERSHIP AGREEMENT Terms and Conditions
Parties: This Private Member Association Membership Agreement (the “Agreement”) is entered into by and between:
(1) Scottsdale Mastery PMA (hereinafter referred to as the “PMA,” “Association,” “We,” “Us,” or “Our”), a private contractual membership association organized and existing under the laws of the United States of America and protected by the Constitution of the United States, with its principal place of business at Scottsdale, Arizona. The PMA operates privately and uses Scottsdale Mastery LLC solely as its administrative and public-facing entity to interface with the non-member public; and
(2) The individual or entity who applies for and is accepted into membership (hereinafter referred to as the “Member,” “You,” or “Your”).
Recitals WHEREAS, the PMA is a private member association expressly protected by the First and Ninth Amendments to the Constitution of the United States of America, including but not limited to the rights of freedom of association, freedom of speech, and the right to contract privately among its members;
WHEREAS, Scottsdale Mastery LLC serves exclusively as the administrative and public-facing vehicle for the PMA and has no authority or control over the internal private affairs of the PMA;
WHEREAS, the sole purpose of the PMA is to enrich the lives of its Members through the provision of general consulting, information, opinions, and educational materials exchanged privately among Members in consideration for monthly membership dues;
WHEREAS, the Member voluntarily seeks membership in the PMA and understands that all services and interactions within the PMA are strictly private, contractual, and non-public in nature;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Membership and Services 1.1 Upon acceptance of the Member’s application and receipt of the first monthly dues payment, the Member shall become a full Member of Scottsdale Mastery PMA. 1.2 In exchange for the monthly membership dues set forth below, the PMA shall provide the Member with general consulting services, opinions, information, and materials intended solely to enrich the Member’s life. All such information is provided for informational and educational purposes only and does not constitute professional, legal, financial, medical, or any other form of regulated advice. 1.3 Alan S. Velten, as President of Scottsdale Mastery PMA, shall have complete, sole, and absolute authority and control over all operations, policies, decisions, membership approvals, terminations, and all other matters concerning the PMA. No other person or entity, including Scottsdale Mastery LLC, has any authority whatsoever over the PMA’s private affairs.
2. Membership Dues and Payment 2.1 The monthly membership dues shall be an amount between Fifty Dollars ($50.00) and One Hundred Dollars ($100.00) per calendar month, as determined by the PMA and communicated to the Member at the time of enrollment or renewal. 2.2 Dues are payable in advance on the first day of each calendar month and shall continue automatically each month until cancelled in accordance with Section 3 below. 2.3 The PMA reserves the right to change the monthly dues amount upon thirty (30) days’ written notice to the Member.
3. Cancellation and Termination 3.1 The Member may cancel their membership at any time, for any reason or no reason, by providing written notice to the PMA via any valid method (including but not limited to email, certified mail, or any other method that provides verifiable delivery). Cancellation shall be effective upon receipt of such notice by the PMA. 3.2 Upon cancellation, the Member’s access to PMA services shall cease at the end of the month for which dues have already been paid. No further dues shall accrue after the effective date of cancellation.
4. No Refunds Policy 4.1 All membership dues and payments are non-refundable in whole or in part under any circumstances, including but not limited to cancellation, termination, dissatisfaction with services, or any other reason. The Member expressly acknowledges and agrees that no refunds, credits, or prorations shall be issued.
5. Member’s Sole Responsibility and Hold Harmless 5.1 The Member acknowledges and agrees that any and all opinions, information, consulting, or materials provided by the PMA are for general informational purposes only. The Member is completely and solely responsible for any and all decisions, actions, or inactions taken (or not taken) based upon, arising out of, or in any way related to any information, opinions, or services received from the PMA. 5.2 The Member hereby releases, indemnifies, and holds harmless the PMA, Scottsdale Mastery PMA, its President Alan S. Velten, Scottsdale Mastery LLC, officers, agents, employees, contractors, and all other Members from any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to the Member’s use of any PMA-provided information or services.
6. Limitation of Liability and No Court Action 6.1 The PMA, Scottsdale Mastery PMA, its President Alan S. Velten, and Scottsdale Mastery LLC shall not be liable to the Member or any third party for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement or the services provided. 6.2 The Member expressly waives any and all rights to file or pursue any lawsuit, claim, or legal action in any court of law against the PMA, Scottsdale Mastery PMA, its President Alan S. Velten, Scottsdale Mastery LLC, or any of its agents or Members. Any dispute arising out of or relating to this Agreement, membership, or services provided shall be resolved exclusively through binding arbitration administered by a mutually agreed-upon arbitrator in Scottsdale, Arizona, under the rules of the American Arbitration Association (or successor organization), or, if arbitration is unavailable, through the internal dispute resolution process established solely by the President. The Member knowingly and voluntarily waives any right to a jury trial or court adjudication. This provision survives termination of membership.
7. Data Security and No Liability for Breaches 7.1 The PMA uses commercially reasonable efforts to protect Member data. However, the Member expressly acknowledges that no security system is impenetrable. The PMA, Scottsdale Mastery PMA, its President Alan S. Velten, Scottsdale Mastery LLC, and its agents shall have no liability whatsoever for any data breach, unauthorized access, disclosure, loss, or theft of Member information, regardless of cause. The Member assumes all risk associated with the transmission and storage of their data.
8. Governing Law and Venue 8.1 This Agreement shall be governed exclusively by the laws of the State of Arizona and the Constitution of the United States of America, without regard to conflict of laws principles. Any arbitration or internal dispute resolution shall take place exclusively in Scottsdale, Arizona.
9. Entire Agreement, Severability, and Miscellaneous 9.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether oral or written. 9.2 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 9.3 The Member acknowledges that they have read, understood, and voluntarily agree to all terms herein by submitting their membership application and payment. Membership is personal and non-transferable. 9.4 The PMA reserves the right to amend this Agreement upon thirty (30) days’ notice; continued membership after such notice constitutes acceptance of the amended terms.
Acceptance By submitting payment and/or completing the membership application, the Member acknowledges that they have read, understood, and unconditionally agree to be bound by all terms and conditions of this Private Member Association Membership Agreement.
Scottsdale Mastery PMA By: Alan S. Velten