BEACH CLUB RULES AND REGULATIONS

Members Club at 1 Hotel South Beach
2341 Collins Avenue, Miami Beach FL 33139

Beach Club at 1 Hotel South Beach 2341 Collins Avenue, Miami Beach FL 33139

These Rules and Regulations for Beach Club at 1 Hotel South Beach (the "Club") are intended to be a guide to the use of the Facilities referenced in the Membership Plan. They are not intended to deal with all conceivable issues that may be presented for governance. These Rules and Regulations are established by the Club to protect the Facilities and to promote the health, safety, welfare and enjoyment of the members, their families and guests and all other persons using the Facilities. The Club is committed to providing all members and their guests with an enjoyable club experience. To uphold these standards, members and guests are expected to act in a manner consistent with good taste. The Club may amend these Rules and Regulations from time to time as it determines appropriate in its sole discretion. Where these Rules and Regulations refer to the Club taking action or having certain rights, SB Hotel Owner, L.P. (the "Company"), doing business as the Club, shall have the right to take such action and shall have such rights. Capitalized terms not defined herein shall have the meanings ascribed to them in the Membership Plan.

Membership Privileges

  1. Valet Parking: Members receive complimentary parking as part of their membership and when using the Facilities. Single Membership is allowed up to one car and Family Memberships and Couple Membership are allowed up to two cars, but they are not allowed at the same times without a charge for the second car. All vehicles must be registered with the Club and the member must present membership card with barcode. Complimentary parking is granted for up to 12 hours per day and only while using the Facilities. No cars or automobiles are to be left overnight. Cars left overnight will be charged the standard overnight parking rate for each night left on premises. Valet parking is not guaranteed and is subject to availability. Valet parking fees for guests of members will be calculated at regular rates.
  2. Beach: Beach chairs and umbrellas are complimentary in accordance with the membership category. Clamshell beds are not included but are available at an additional charge. Beach chairs are not guaranteed. Beach chairs are based on availability only and Hotel staff has the right to deny chair usage. If beach chairs are available, Single and Couple Members receive up to 2 (two) chairs and 1 (one) umbrella complimentary per day. Family Members receive up to 4 (four) chairs and 2 (two) umbrellas complimentary per day. Members are required to pay for additional chairs and umbrellas outside of the allowed amount.
  3. Pool: Pool Deck usage is limited to the Cabana Pool Deck and available to members with presentation of membership card. Members do not have access to use the South Pool Deck or Center Pool Deck. Pool chairs are not guaranteed. Chairs are based on availability only and Hotel staff has the right to deny chair usage. If Cabana pool chairs are available, members will only receive: 2 (two) chairs for a Single or Couple Membership; or 4 (four) chairs for a Family Membership if both Members (i.e. spouses or member and Significant Other) are present. If only one Member is present, then a maximum of three 3 (three) chairs will be issued. Showers are required before entering the pool. Bottles, glass objects, drinking glasses and sharp objects are not permitted in the pool area. Trash should be placed in the proper receptacles located throughout the pool area. Food is allowed only in designated areas of the pool facilities. Food or beverage from outside vendors will not be permitted without exception on property. Radios, televisions, Bluetooth speakers, electronic devices, and the like are not permitted on the pool deck. Animals, bicycles, skateboards, play balls of any type and coolers are not permitted in the pool or beach area. Lifesaving and pool cleaning equipment should be used only for the purposes intended. Running, ball playing and hazardous activities are not permitted in the pool or beach area. Pushing, dunking and dangerous games are prohibited. Diving is not permitted unless otherwise indicated at the pool.
  4. Gym: Classes are available to accompanied guests of members at a reduced rate. Children under the age of 16 are not permitted to use the gym or gym locker rooms and restrooms. Children ages 16 to 20 may use the gym, gym locker rooms and restrooms if accompanied by the parent member. The gym is open Monday thru Friday 6:00 am to 10:00 pm and Saturdays and Sundays from 7:00 am to 10:00 pm. Hours are subject to change. Appropriate attire and shoes are required for safe use of the equipment. Gym access is based on availability only and Hotel staff has the right to deny gym access. Members, family members and guests assume full risk of loss and responsibility for damage to their health.
  5. Outside Trainers, Coaches, Therapists: The use of non-Club practitioners on Club property is strictly prohibited. Any services performed on property must be provided by Club team members and must be scheduled through Membership Office, the Gym or Spa.
  6. Classes + Workshops: Please allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting Health, Yoga or Fitness Classes or one-on one training or have a preexisting injury or problems that prevent full participation, please discuss the situation with the instructor or trainer before class. Failure to advise the Club of a cancellation of a class, workshop, spa treatment or scheduled training session may result in the member's club account being charged the full fee or charge.
  7. Revocation of Membership. The Club reserves the right to revoke and cancel any membership or the membership privileges of any family member at any time for any reason without explicit explanation for cancellation/revocation, upon refund of the pro rata portion of the member's annual dues paid by the member for the balance of the year, but not the nonrefundable initiation fee. By way of example and without limiting the generality of the foregoing, the Club may revoke the membership of any member if the member violates any rules, regulations or policies of the Club or engages in any conduct (whether or not at the Facilities or directly related to the Club) deemed by the Club to be likely to endanger the welfare, safety, harmony or good reputation of the Club or its members or is otherwise improper as determined by the Club in its sole discretion. Guest Policy
  8. General. Guests will be entitled to use the Facilities only in accordance with the privileges of the membership. Although it is the intention of the Club to accommodate guests without inconvenience to the members, the Club reserves the right restrict or exclude guests or reduce the number of allowed guests during certain days or times. Guest privileges may be denied, withdrawn or revoked at any time for reasons considered sufficient by the Club, in its sole discretion.
  9. Guest Fees. The Club does not charge members a guest access fee, but reserves the right to do so in the future.
  10. Number of Guests per Visit: Single Members may bring up to 2 guests age 21 and over at any time. Couple Members may bring up to 4 guests age 21 and over at any time. Family Members may bring up to 4 guests age 21 and over at any time. A person under age 21 may be a guest only with the prior written consent of Club (which may be by email), which may be withheld in its sole discretion; and payment of an additional fee.
  11. Accompaniment Requirement. Guests must be accompanied by the member to gain entry and at all times during their stay on the property.
  12. Number of Visits Per Guest. The Club reserves the right to limit the number of times any one person may be a guest during any year.
  13. Member Responsibility for Guests. Member will be responsible for their guests' behavior, appearance, and all charges. Guest charges for any services not paid for by the guest will be charged against the sponsoring member's club account.

Fees and Charges

  1. Mandatory Credit or Debit Card Billing. All members shall provide the Club with one credit or debit card to which the member authorizes the Club to charge fees and charges, and the member shall substitute such credit or debit card with another credit or debit card when it expires or is no longer valid. Such charges will be settled on a daily basis. Members shall receive receipts of their charges. Members will receive an email with a daily recap of their expenses for the day when they visit the Club.
  2. Unpaid Balances: All members agree to promptly pay directly to the Club any amounts not paid by the credit or debit card company upon written notice from the Club to the member. If not paid within 5 (five) business days after written notice from the Club, a service charge of one and one-half percent (1.5%) per month (but not to exceed the maximum amount permitted by law) shall begin to accrue from the date of the written notice until payment in full. Failure to pay the membership within 5 (five) business days after written notice by the Club will result in suspension of membership privileges including charging privileges until such time the debt is settled.
  3. Membership Card: Each member with charging privileges will be issued an "electronic" membership card bearing his or her name, member account number and member start year. Member MUST carry their membership card with them at all times while on property. This card must be presented when using any Facilities and making purchases. Membership cards are not transferable and are for the individual member's use only. In the event of a lost or stolen membership card, the Club must be notified immediately. Until notification of card loss or theft is received in writing by the Club, the member shall be responsible for all charges placed on the account. A card replacement fee as determined by the Club may be charged for lost or stolen membership cards or in any situation where the club account number is changed.
  4. Joint Responsibility for Membership Charges. The member and spouse or Significant Other under a Family or Couple Membership shall be jointly and severally liable for all dues, fees and other charges and liabilities associated with the membership.
  5. Additional Club Rights. If the club account of any member is delinquent, the Club may at its option take whatever action it deems necessary to effect collection, including without limitation, suspension or termination of a membership or legal action. If the Club commences any legal action to collect any amount owed by any member or to enforce any other liability of any member to the Club, and if judgment is obtained by the Club, the member shall also be liable for all costs and expenses of such legal action and reasonable attorneys' fees, including any fees required in connection with appellate proceedings
  6. Locks. Assigned Bluetooth locks upon check in must be returned to the reception area upon exiting the facilities; failure to do so will result in a replacement charge assessed to the members account.
  7. Towels. Towels received upon check in must be returned to the reception area upon exiting the facilities; failure to do so will result in a charge assessed to the members account.

General Club Rules

  1. Mobile Phones: To protect the relaxed atmosphere, members must use good judgment when deciding to utilize their mobile devices. Please be aware of your surroundings. Members should use devices so as not to interfere with another member's use and enjoyment of the Facilities
  2. Lost and Found: The Club will not be responsible for the loss or damage to property of members and their guests on the property, whether in lockers, cabanas or elsewhere.
  3. Smoking: Smoking is not permitted on Club property. The use of controlled substances is strictly prohibited.
  4. Children Policy: Beach Club membership is a family friendly program. Members remain responsible for their children at all times and are responsible for ensuring they do not disturb other guests and members. Children under the age of 21 are not allowed to sit or dine at the bars. Parents must supervise their children at the Facilities at all times. Parents of children in a Seedlings program must be on property during the entire time in which their children are in the program, and reachable by phone.
  5. Animals: No pets with the exception of service animals, with appropriate certification, will be permitted at the pool or beach. Members are responsible for providing the service certificate to the "Membership Team" to be kept on record.
  6. Dress Code: Appropriate attire and shoes are required. Be mindful of your footing around pools and wet areas. Appropriate closed-toe exercise footwear is required in the fitness facility at all times.
  7. Member Treatment of Employees. Members and their guests may not abuse any of the Club's employees, verbally or otherwise. Violation of this rule shall result in membership revocation or other disciplinary action determined by the Club. All service employees of the Club are under the supervision of the Club Manager and no member or guest shall reprimand or discipline any employee, nor shall a member request an employee to leave the Facilities for any reason. Any employee not rendering courteous and prompt service should be reported to the management of the Club immediately.
  8. Profanity. Profanity should not be directed at Club staff and should not be spoken so as to be heard by other members.
  9. Personal Property. Each member as a condition of membership and each guest as a condition of invitation to the Facilities assumes sole responsibility for his or her property. The Club shall not be responsible for any loss or damage to any personal property used or stored on the Facilities, whether in lockers or elsewhere, or in the members’ cars. Any such personal property which may have been left in or on the Facilities for six months or more without payment of storage thereon may be sold by the Club, with or without notice, at a public or private sale, or may be otherwise disposed of, and the proceeds, if any, may be retained by the Club.
  10. Damage Caused by Member. Every member of the Club shall be liable for any property damage caused by the member, any guest or any family member or the removal of any items of Club or Hotel property by the member or his or her family or guest. The cost of such damage or removed item shall be charged to the responsible member's club account.
  11. Hours of Operation: Membership allows for access to Facilities during our hours of operation. Hours at the pool are sunrise to sunset, but are subject to change.
  12. Service Charge. Cash tipping is permitted. For your convenience, a service charge may be added to the charge for spa treatments and certain other services. In addition, a service charge, as determined from time to time by the Club, may be added to all food and beverage sales. A member may increase or decrease the service charge percentage by signing the ticket invoice and changing the amount of the service charge as the member deems appropriate.
  13. Contact Information: Each member shall be responsible for filing with the Membership Office, in writing, preferably on a form provided by the Club, his or her mailing address, e-mail address and telephone number and any changes thereto, where the member wishes all notices and invoices of the Club to be sent. A member shall be deemed to have received mailings from the Club five days after they have been mailed to the mailing or email address on file with the Club.
  14. Rules, Regulations, and Schedules: Member agrees to abide by all the membership rules, regulations and schedules, which may be posted at the pool, spa, fitness facility, beach or lobby areas or issued orally, and which may be amended from time to time, at management’s sole discretion. All prices and services are subject to change without notice. Food or Beverage from outside vendors will not be permitted without exception on property.

Waiver of Liability; Damages By acceptance of membership, each member acknowledges that the use of the Facilities and any privilege or service incident to membership is undertaken with knowledge of risk of possible injury or death. Member accepts any and all risk of injury or death to the member, member’s family and member’s guests sustained while using the Facilities or while involved in any event or activity incident to membership in the Club. By acceptance of membership, each member agrees to release and hold the Company, any manager of the Facilities, their affiliates, their successors and assigns and their respective directors, officers, partners, members, shareholders, employees, representatives and agents and the members of any advisory committee (collectively, the "Released Parties") harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred by the member, member’s family and member’s guests resulting from the use of the Facilities arising out of or incident to membership in the Club and/or from any act or omission of any of the Released Parties, unless caused by the gross negligence or willful misconduct of any of the Released Parties as determined by a final judicial finding or order. Each member shall be responsible for any damage to Hotel or Club property caused by the member, member’s family and member’s guests. The member shall have, owe and perform the same obligation to the Released Parties hereunder in respect to any such loss, cost, claim, injury, damage or liability sustained or incurred by any guest or family member of the member. Neither the Club nor any Member may assert any claim against the other party on any theory of liability for special, indirect, consequential or punitive damages.

Waiver of Liability: Member assumes full responsibility for his or her use of the facility and releases Members Club at 1 Hotel South Beach from any and all claims, including those caused in whole or in part, by the negligence of Members Club at 1 Hotel South Beach and shall indemnify Members Club at 1 Hotel South Beach, the owner, the manager, its affiliates, agents and employees against any and all liability arising out of the use of the facilities. Member assumes the risk of physical activity with his/her own physical condition and acknowledges that he/she has received advice from his/her physician that he/she is capable of physical exercise such as that provided or that he/she will seek such advice or that he/ she assumes the risk of proceeding without such notice. All exercises and use of fitness facilities shall be undertaken by the Member at Member’s sole risk. If the Member or any family member or guest of a Member using the Members Club has a history of heart disease, that person should consult a physician before using the fitness facility or any other health club.

Hours of Operation: Membership allows for access to facilities during our hours of operation. Hours at the pool are sunrise to sunset, but are subject to change.

Rules, Regulations, and Schedules: Member agrees to abide by all the membership rules, regulations and schedules, which may be posted at the pool, fitness facility, beach or lobby areas or issued orally, and which may be amended from time to time, at Management’s sole discretion. All prices and services are subject to change without notice.

Additional Expectations: Members are expected to abide by all Members Club at 1 Hotel South BEach policies while on property in addition to the terms set forth in this Agreement. Memberships are Nontransferable.

Revocation of Membership: Members Club at 1 Hotel South Beach reserves the right to revoke and cancel this membership at any time for any reason without explicit explanation for cancellation/revocation.

Consumer’s right to Cancellation: You may cancel this contract without any penalty or further obligation within three (3) days from the agreement date. Notice of cancellation shall be in writing subscribed by the Buyer and with written notice by either certified or registered mail provided to Members Club at 1 Hotel South Beach , 2341 Collins Avenue, Miami Beach, FL 33139, Attn: Membership Department or (ii) emailed to [email protected] The Member must return all membership cards and bring his/her account balance to zero. Cancellation shall not be effective until all conditions herein are satisfied by the Member. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation.

CONSUMER PROTECTION CLAUSES

Member shall have the right to cancel this agreement within (3) business days, exclusive of holidays and weekends, of its making. Cancellation must be in writing and delivered either in person or by certified or registered mail by the Member to Members Club at 1 Hotel South Beach , 2341 Collins Avenue, Miami Beach, FL 33139, Attn: Membership Department or (ii) emailed to [email protected] In the event that the member cancels the agreement in accordance with this section, Members Club shall refund all initiation fees and membership dues paid, except that the Members Club may retain an amount computed by dividing the number of occasions Members Club services are to be rendered into the contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. The cancellation of this agreement automatically terminates the Member’s obligation to any entity to whom the Members Club has assigned the Member’s contract. A refund shall be issued within 30 days.

Member may cancel this agreement (in the same manner set forth in section 26 and receive a refund of membership dues paid, if the Members Club goes out of business or relocates more than (5) driving miles from its current location, if the Members Club fails to provide, within 30 days, a facility of equal quality located within (5) driving miles of the Members Club at no additional cost to the Member.

If the Florida Department of Agriculture determines that a refund is due to the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The Members Club shall not be deemed to be out of business when temporarily closed for repair and renovation of the premises: 1) Upon sale, for not more than 14 consecutive days; or 2) During ownership, for not more than 7 consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. Members should contact the Florida Department of Agriculture for information within 60 days should the Members Club go out of business.

This contract may be canceled if Member dies or becomes physically unable to avail himself of a substantial portion of those services which were used from the contract until the time of disability, with a refund of funds paid in an amount computed by dividing the membership dues paid by number of weeks remaining in the contract term. The Members Club may require proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the Member furnishes to the Members Club a certification of such disability by a physician licensed under Chapter 458, 459, 450, or 461 provided the diagnosis or treatment is within the physician’s scope of practice.

This contract provides that the initial contract will not be for a period in excess of twelve (12) months, and thereafter shall only be renewable annually. A renewal contract may not be executed and the fee therefore paid until sixty (60) days or less before the previous contract expires.

The Members Club is registered with the State of Florida as a Health Studio Facility; Registration number ___.