Orange County NC Website
Browse       Search
DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 <br /> Member/Client(whether under this Agreement or otherwise),the amount of such liability shall not exceed 50%of <br /> the amount paid to Club pursuant to this Agreement. <br /> 11. Miscellaneous. In case any one or more of the provisions contained in this Agreement shall for any <br /> reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall <br /> not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable <br /> provision had never been contained herein. Neither Club nor Member/Client shall be required to perform any <br /> term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force <br /> majeure, which shall mean acts of God,war, terrorist act, strikes, lockouts,material or labor restrictions, damage <br /> to or destruction of Club facilities, or prohibitions by any governmental authority. In the event that the Event is <br /> cancelled as the result of a force majeure event, all deposits shall be returned to Member/Client, less actual costs <br /> incurred by Club in anticipation of the Event. In no event shall Club be liable for the failure of or interruption of <br /> utilities. If, for any reason, the space reserved hereunder is not available for the Event, the Club may substitute <br /> other space and the Member/Client agrees to accept such substitutions. This Agreement and attachments embody <br /> the entire agreement and understanding of the parties relating to the subject matter hereof, is nonassignable, may <br /> not be amended except in writing signed by both parties,and supersedes any prior representations,agreements,and <br /> understandings, oral or written, if any,relating to such subject matter. All notices, including a cancellation notice, <br /> must be in writing. Text messages,instant messages,messages on social media sites,and similar messages are not <br /> "in writing" for purposes of this Agreement. This Agreement shall be deemed drafted by all parties and shall be <br /> interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties <br /> hereto. This Agreement may be executed by facsimile or other electronic means, and each facsimile or other <br /> electronic signature shall be deemed to constitute a valid and binding signature of the executing party. <br /> 12. Governing Law and Place for Suit. This Agreement will be deemed to be a contract under the laws <br /> of the State in which Club is located and for all purposes will be governed by and construed in accordance with <br /> such laws. Member/Client irrevocably agrees that any legal action or proceeding brought by or against Club with <br /> respect to this Agreement will be brought in the courts of the State in which Club is located or in the U.S. District <br /> Court for that State. Member/Client consents to the jurisdiction of such courts and that the venue for any such <br /> action will be the county in which Club is located. TO THE FULLEST EXTENT PERMITTED BY LAW, <br /> EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY <br /> RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF, <br /> BASED UPON, OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER <br /> HEREOF. <br /> Initial: <br /> 4112 <br />