Membership Agreement

These Rules and Regulations apply to all JON BOYS, LLC managed locations and they are intended to govern your use of the facilities made available to you as a member of our BTR lounge. They are not intended to deal with all conceivable issues. These Rules and Regulations are established by JON BOYS, LLC to protect the facilities and to promote the health, safety, welfare, and enjoyment of the Members and their guests, and all other people using the facilities. BTR is committed to providing all Members and their guests with an enjoyable experience. To uphold these standards, Members and guests are expected to act in a manner consistent with good taste and decorum. BTR may amend these Rules and Regulations from time to time as it determines appropriate in its sole discretion.

1. Membership: Membership is only granted following your completion of the Membership application form, your satisfaction of the Membership criteria, and BTR’s approval of your Membership. BTR reserves the right to grant or withhold membership at its sole discretion.

2. Payment: All Members are required to pay for the annual Membership for the upcoming year at the time of acceptance to BTR Membership. A sales tax of 7.00% will be added to the membership fee

3. House Accounts: All Members shall provide BTR with one credit or debit card to which the Member authorizes JON BOYS, LLC to charge membership’s renewal dues, food, beverages, and all services to your Member account. Members are responsible for replacing or updating said credit/debit card when the original card has expired or is no longer valid. Any unpaid balances are subject to a late fee. BTR reserves the right to suspend the Membership and all Membership privileges for any pending balances that are 15 days past due. The suspension of Membership will be enforced until the balance is paid in full.

4. Membership Card: Identification cards are given to all Members. One card is issued per Member. Membership cards must be presented to access the exclusive areas on the properties. Membership cards give Members the option to charge directly to their house account. It also offers access and courtesies throughout all exclusive areas and other properties. If you lose your Membership card, please ask the Membership Office for a replacement.

5. Guests: On each visit, Members can bring up to 3 guests into the Membership areas. BTR reserves the right to limit guest access for any reason, including in the event of high facility usage, safety, or other purposes consistent with good management practices. Guests must be accompanied by the Member to gain entry. Member will be responsible for 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 house account. Although it is the intention of BTR to accommodate guests without inconvenience to the members, BTR reserves the right to 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 BTR, in its sole discretion. BTR does not charge Members a guest access fee but reserves the right to do so in the future.

6. Children: BTR Membership program is designed for adults. Member exclusive areas are adults only spaces and children are not permitted, even if related to the Member.

7. Reservations: Members may request reservations for our various facilities, including tables in the restaurant by emailing directly to members@belowtherosenantucket.com. Member must provide a credit card or authorize use of their House Account to guarantee dinner reservation at the time of booking.

8. Animals: None of the JON BOYS, LLC locations accept any type of pets. Service animals are allowed as long as they are wearing equipment identifying them as a service animal.

9. Lost and Found: BTR will not be responsible for the loss or damage to property of Members and their guests on the property.

10. 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. BTR shall not be responsible for any loss or damage to any personal property used or stored on property or in the Members’ vehicle. Any such personal property which may have been left in or on the facilities for six months or more may be retained by BTR.

11. Member Treatment of Employees: Members and their guests may not abuse any JON BOYS, LLC employees, verbally or otherwise. Violation of this rule shall result in revocation of Member’s Membership and/or other disciplinary action determined by JON BOYS, LLC in its sole discretion. 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 BTR immediately.

12. Profanity: Profanity should not be directed at JON BOYS, LLC staff and should not be spoken so as to be heard by other Members.

13. Mobile Phones: To protect a relaxed atmosphere, Members must use good judgment when deciding to utilize their mobile devices. Please be aware of your surroundings, speak at appropriate volumes, and do your best to avoid disturbing other Members.

14. Smoking: Smoking not permitted anywhere on the property.

15. Dress Code: Our standards are designed to ensure that all guests of our restaurant and bars are afforded the pleasant atmosphere they have come to expect, and to ensure their privacy, comfort and safety. Consequently, we expect a smart dress code from our guests. We do not permit caps, athletic or sports uniforms, slippers, beach attire such as beach sandals and flip-ops, swimsuits and beach dresses. Gentlemen must avoid wearing T-shirts, sleeveless shirts, shorts or open shoes. Long jeans are permitted as long as they are worn smartly with fully covered shoes and a collared shirt. Please note that our smart dress applies to children as well.

16. Pricing & Renewals: Membership fees are reviewed and adjusted annually. Automatic renewals occur every December for the upcoming year. If any fee changes are proposed, members will receive notification at least 30 days before implementation; no response will be taken as acceptance of the renewal.

17. Service Charge: For your convenience, a 25% service charge is added to all food and beverage sales charged to a Member’s house account, additional cash tipping is permitted.

18. Waiver of Liability: Members assume full responsibility for Member’s use of the facility and hereby releases JON BOYS, LLC and its affiliates, managers, agents, employees, insurers, representatives, officers, directors, parents, subsidiaries, affiliates, successors, assigns, and sureties from any and all claims damages, demands, causes of action, or liability of any kind or nature, including those caused in whole or in part, by the negligence of JON BOYS, LLC and shall indemnify JON BOYS, LLC, and its affiliates, managers, agents, employees, insurers, representatives, officers, directors, parents, subsidiaries, affiliates, successors, assigns, and sureties against any and all liability arising out of Member or Member’s guest or family member’s use of the facilities or any other act or omission of Member or Member’s guest or family member. All use of the facilities shall be undertaken by the Member at Member’s sole risk.

19. Damage Caused by Member: Every Member of BTR will be liable for any property damage caused by the Member, any guest or any family member and the removal of any items from JON BOYS, LLC properties by the Member or his or her family member or guest. The cost of such damage or removed item will be charged to the responsible Member’s house account.

20. Hours of Operation: Membership allows for access to facilities only during our hours of operation.

21. Rules, Regulations, and Schedules: Member agrees to abide by all of the rules, regulations, and schedules, which may be posted at the facility, and which may be amended from time to time, at JON BOYS, LLC’s sole discretion. All prices and services are subject to change without notice.

22. Additional Expectations: Members are expected to abide by all JON BOYS, LLC policies while on property in addition to the terms set forth in this Agreement.

23. Non-Transferable: Memberships are non-transferable.

24. Revocation of Membership: BTR reserves the right to revoke and cancel this Membership at any time for any reason without explicit explanation for cancellation/revocation. By way of example and without limiting the generality of the foregoing, BTR may revoke the membership of any Member if the Member violates any rules, regulations or policies of JON BOYS, LLC or engages in any conduct (whether or not at the facilities or directly related to JON BOYS, LLC) deemed by JON BOYS, LLC to be likely to endanger the welfare, safety, harmony or good reputation of JON BOYS, LLC or its BTR Members or is otherwise improper as determined by JON BOYS, LLC in its sole discretion.

25. Privacy Policy: Any personal information collected by BTR will be kept and used strictly for purposes of administering your Membership and operating our facility. BTR will not sell or provide this information to third parties.

26. Photography: To protect the privacy of our members, unless expressly permitted by JON BOYS, LLC, BTR enforces a strict no photo policy. If a member is observed violating this policy they will be asked by staff to delete the photo in question. If they refuse or continue to violate the policy they will be removed from the premises.

27. CONSUMER PROTECTION CLAUSES a. Member shall have the right to cancel this agreement within three (3) business days, exclusive of holidays and weekends, of its making. Notice of cancellation shall be in writing subscribed by the Member and sent by email to info@belowtherosenantucket.com. The Member must return Membership card. Cancellation shall not be effective until all conditions herein are satisfied by the Member. In the event that the Member cancels the agreement in accordance with this section, BTR shall refund all membership dues paid, except that BTR may retain an amount computed by dividing the number of occasions 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 services have been rendered. The cancellation of this agreement automatically terminates the Member’s obligation to any entity to whom BTR has assigned the Member’s contract. A refund shall be issued within 30 days.

b. Member may cancel this agreement and receive a refund of membership dues paid, if BTR goes out of business.

c. If the Massachusetts’ Office of Consumer Affairs and Business Regulations 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. JON BOYS, LLC 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.

d. Members should contact the Massachusetts’ Office of Consumer Affairs and Business Regulations for information within 60 days should JON BOYS, LLC go out of business.

e. 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 the number of weeks remaining in the contract term. JON BOYS, LLC 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 furnished to BTR a certification of such disability by a licensed physician provided the diagnosis or treatment is within the physician’s scope of practice.

f. 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.