NICK'S SHARK TANK

Membership and Usage Terms

Location: Nick’s Shark Tank, 1508, 1510 Bethel Center, Bethel Rd, Columbus, Ohio 43220.

Club Use: User may use the Club facilities during regular posted hours from the date of execution of this Agreement through the expiration date listed below (or any paid extensions thereof) upon payment of dues as follows**:

$20 per Twelve Month Period

**User may also be required to pay a daily use fee for use of the club facilities. Daily use fee may vary.

User agrees to receive a nontransferable identification card that must be used to enter the club. Only user may use the club. User may be required to show proper identification upon entrance to the club for proper verification. Any transfer or attempted transfer of the identification card is void and terminates the agreement, at which time user shall forfeit all dues paid. The provisions of the agreement apply to any extension of the expiration date. There are “no refunds” for early cancellation of club use.

Usage Terms: User agrees to comply with all notices, rules and/or regulations posted in the club.

User agrees that all illegal drugs, alcoholic beverages, intoxicants, firearms, and criminal conducts are prohibited in the club.

While at the club user agrees to conduct themselves in a responsible manner, and shall refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language, or any intimidating or offensive conduct, which would interfere with the peaceful use and enjoyment of the club by other users.

User agrees that club reserves the right to revoke user membership in their sole discretion for any reason or no reason.

User agrees and acknowledges that the club may in the future holds events that may be televised on the local Columbus broadcasting networks. By signing this agreement, you grant permission to the club to allow your conduct within the club to be televised for purposes of broadcasting events on television. The user agrees and acknowledges to indemnify the club against all expenses, costs, proceedings and liability arising directly or indirectly from the recording or use of his/her image and/or conduct within the club premises.

Renewal: User may extend or renew this agreement under the same terms and conditions provided herein for as many monthly or yearly terms as agreed to by the user and the club. User unconditionally agrees to be bound by the terms of this agreement during any future renewal period. Any renewal as contemplated herein shall be evidenced by a receipt given by the club to the user and shall be attached to the original membership agreement by the club and placed in the user’s file. Any future renewal together with this agreement shall be considered one and the same document.

WAIVER AND RELEASE OF ALL CLAIMS (INCLUDING NEGLIGENCE)
: IN CONSIDERATION FOR USE OF THE CLUB, USER WAIVES AND RELEASES CLUB, ITS AGENTS, SERVANTS, EMPLOYEES, INSURERS, SUCCESSORS, AND ASSIGNS FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES OR SUITS AT LAW AND EQUITY OF WHATSOEVER KIND, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, MEDICAL EXPENSES, LOSS OF SERVICES, ON ACCOUNT OF OR IN ANY WAY RELATED TO OR GROWING OUT OF USERS PRESENCE AT THE CLUB OR USE OF THE CLUB AND/OR ANY OF THE CLUB’S PROPERTY. THIS WAIVER AND RELEASE IS INTENDED TO AND DOES RELEASE THE CLUB FROM ANY AND ALL LIABILITY FOR DAMAGES OR INJURIES ON ACCOUNT OF OR IN ANY WAY RELATED TO OR GROWING OUT OF THE CLUBS NEGLIGENCE INCLUDING THEIR AGENTS AND ASSIGNS, THE NEGLIGENCE OF THIRD PARTIES INCLUDING BUT NOT LIMITED TO NEGLEGENCE IN THE CONSTRUCTION, MAINTENANCE AND UPKEEP OF THE CLUB AND ITS PROPERTY, AND NEGLIGENCE IN SUPERVISION AND VIOLATION OF THE SAFE PLACE STATUTE. THIS IS NOT INTENDED TO RELEASE THE CLUB FROM ANY LIABILITY RESULTING FROM THEIR OWN INTENTIONAL CONDUCT.

Other Waivers: User further covenants and agrees not to institute any claims or legal action against club for any claim released by this agreement. Users further agree that should any claim be made against the club in contravention of this agreement, including but not limited to derivative claims. User will protect, defend, and completely indemnify (reimburse Nick’s Shark Tank for any such claim and expenses including attorneys fees and costs incurred by the club in defending themselves or securing indemnity hereunder.

User recognizes the club is not supervised and uses the club (including the premises and property) entirely at their own risk.

User agrees and acknowledges that club is not responsible for any lost or stolen valuables or property.

Reservation: Nick’s Shark Tank reserves the right to alter, modify and/or change (i) its hours of business and/or club use regulations; (ii) its location; (iii) any and all other terms of this agreement at any time upon notice to its members.

Governing Law: This agreement shall be construed in accordance with and governed by the laws of the State of Ohio, County of Franklin and each party agrees to submit to the exclusive venue and jurisdiction of the courts of the State of Ohio.

Headings: Headings used in the agreement are for reference purposes only and shall not be deemed part of this agreement.

Whole Agreement: This agreement is the complete agreement between the club and user and supersedes all proposals or prior agreements, oral or written, and all other communications between the club and user relating to the subject matter of this agreement.

Severability: In the event that one or more of the provisions or parts of a provision contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or part of a provision of this agreement and this agreement shall be reformed and constructed as if such invalid or illegal or unenforceable provision or part of a provision had never been contained herein and such provision or part shall be reformed so that it would be valid, legal, and enforceable to the maximum extent permitted.