Membership Terms and Conditions

Membership Terms and Conditions

Artizia Yachts - Membership Terms and Conditions
Last modified: May 10, 2022

This Artizia Yachts Membership Agreement (the “Agreement”) is made and entered into between you (the “member,” “you”) who accepts the terms herein this Agreement and Whine Knots, Inc; dba Artizia Yachts (“Artizia Yachts,” “Artizia Yachts Club,” “we,” “us,” “our”).

Artizia Yachts is a yacht charter and members’ club that offers an all-inclusive yacht service and the service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be made available as regards your use of the Service from time to time.

IMPORTANT ARBITRATION NOTICE: THIS AGREEMENT CONTAINS ARBITRATION PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Changes to the Agreement
We may modify this Agreement at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Agreement on the website or through other communications such as the email address registered in your member account. Modifications are effective immediately upon posting. It’s important that you review the Agreement whenever we modify it because if you continue to use the Services as a member after we have notified you of such modification, you are indicating to us that you agree to be bound by the modified Agreement.
If you do not agree to be bound by the modified Agreement, then you notify us.

2. Eligibility, account registration, and security
You will be required to register for an account to access some or all of the Services that we make available. Before you create an account, you confirm that you are eligible to use our service. By signing up to use the service as a member, you warrant and represent that you are at least 21 years old or of the legal age in your jurisdiction old and you have the capacity, right, and authority to enter a legal agreement and will abide by all the provisions of this Agreement.
As a potential user and/or member of the Artizia Yachts club, you shall be required to provide certain information about yourself during the registration process. You are expected to provide Artizia Yachts with accurate and complete registration information (including but not limited to your email address and/or mobile telephone number, payment information, means of identification, and a password you will use to access the Service). You may also be required to provide some more information from time to time and you agree to provide Artizia Yachts with such information as may be required. You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of this Agreement, which may result in immediate suspension or cancellation of your Artizia Yachts membership or account.

By registering to become a user and/or member of the Artizia Yachts club, you agree that you will not:

select as your member ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person;
create an account for anyone other than yourself without such person's permission;
be disrespectful when communicating with any other members or employees of the service;
create a username or Artizia Yachts account that is subject to any rights of a person other than you without appropriate authorization;
create a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
create a username or Artizia Yachts account that is subject to any rights of a person other than you without appropriate authorization

Artizia Yachts reserves the right to refuse registration of or cancel a user name, at its sole discretion.

When you make use of our available online platforms, you agree that you are solely responsible and liable for activity that occurs on your account. And as such, you shall be responsible for maintaining the confidentiality of your Artizia Yachts account password. You shall never use another member’s account without such other member’s prior express permission. You accept responsibility for all activities that occur under your member account and you agree to immediately notify Artizia Yachts in writing of any unauthorized use of your account or other account-related security breaches of which you are aware

3. The Artizia Yachts membership
Membership agreement overview
Artizia Yachts membership is constituted by an agreement between Artizia Yachts and the member which is entered into between Artizia Yachts and the member upon the completion of the membership application process and payment by the member.

Our membership plans allow you to choose from limited membership options for each Artizia Yachts’ yacht. Every year, included with your membership, are all-inclusive charters; no additional fees for standard fuel, captain, crew, and food & beverage. Artizia Yachts Concierge will coordinate any additional services, add-ons, and associated costs upon making a reservation.

A member will be entitled to make use of the Artizia Yachts membership services in accordance with such member’s chosen membership tier.

Membership tiers

The Artizia Yachts club has three major membership tiers and a one-time membership tier as detailed below: Executive, VIP, Platinum or Founder’s Circle and each tier comes with its own benefits and access. You will be required to register for one of the available membership tiers.

(I) The Executive Tier:

This membership tier incurs a one-time initiation fee of $75,000 and it’s payable in advance.
It incurs a monthly membership fee of $5,000 which is also payable in advance.
Members get access to 80 charter hours each year.
Limited to 4 - 6 members, depending on location.
Additional charter hours after the 80 included hours are $900 per hour.
Overnight fee of $900 per hour for up to 6 guests.
Ability to book 12 months in advance.
Includes priority booking.

(ii) The VIP Tier:

This membership tier incurs a one-time initiation fee of $15,000 and it’s payable in advance.
It incurs a monthly membership fee of $2,500 which is also payable in advance.
Members get access to 32 charter hours each year.
Limited to 8 - 12 members, depending on location.
Additional charter hours after the 32 included hours are $975 per hour.
Overnight fee of $975 per night for up to 6 guests.
Ability to book 6 months in advance.

(iii) The Platinum Tier:

This membership tier incurs a one-time initiation fee of $5,000 and it’s payable in advance.
It incurs a monthly membership fee of $500 which is also payable in advance.
Members get access to 8 charter hours each year.
Limited to 10 - 18 members, depending on location.
Additional charter hours after the 8 included hours are $1,200 per hour.
Overnight fee of $1,200 per night for up to 6 guests.
Ability to book 4 months in advance.

(iv) Founders Circle Membership:

The Founder’s Circle is a one-time membership offer, for each launch city, whereby early members receive access to discounted hourly rates without a monthly membership fee.
This membership is offered in four (4) hour amounts of time for $4,500 and this is inclusive of the complete Artizia Yachts offerings.
Membership does not require any initiation fee or monthly dues.
Members shall also receive additional benefits when booking charters on the Artizia Yachts app and access to exclusive events.
Membership is upgradeable to any of our standard membership tiers subject to slot availability.

Membership period
Membership into the Artizia Yachts club commences as soon as you have registered as a member and paid the full initiation fee, and shall continue as long as you consistently pay the required monthly membership dues applicable to your membership tier.

The applicable membership fee will be automatically charged to your submitted payment method on a monthly basis unless your membership has been cancelled in accordance with these terms

Membership fee, dues, and payment
The fees vary according to your selected membership tier (Executive, VIP, Platinum, or Founder’s Circle).

The initiation fee for any of the selected membership tiers is payable in full advance at the time of registration for membership. The monthly membership dues will be paid on each monthly cycle until the membership is terminated.

The applicable fee is payable by an internationally valid debit or credit card or via other payment methods made available by Artizia Yachts and will be deducted using the payment type selected during the membership registration process. Any changes to your payment details on file with us must be done at least 48 hours before any payment is due to us.

If for any reason we are unable to charge your payment method, we shall send you an email or phone call informing you of the situation. Use of membership, booking or partaking in booked charters, will also be suspended. You will have 72 hours to rectify the issue and make the payment due before your membership is temporarily suspended. If your membership is temporarily suspended, you will be required to make the payment within 14 days of the suspension in order to reactivate access to your membership without any penalty. However, if you do not make the payment within this 14-day time period, the temporary suspension of your membership will continue until full payment is made.

If you fail to pay and miss two payments of your monthly dues, your membership will be terminated, and to re-join, you will be required to re-register as a new member.

Payment authorization
By signing this Agreement, you hereby authorize Artizia Yachts to:

in the case of credit card payment, to directly charge your monthly membership due to your provided credit card; or
in the case of payment by direct debit, to directly debit your monthly membership due from your provided bank account.
continually charge the provided payment means until this your membership is cancelled in accordance with the Cancellation clause below.
pass on to you any merchant fee incurred for any direct debit or credit card charge as authorized by you.

Members obligations during Membership duration

Each member agrees to comply with – and wherever applicable, you shall ensure that your guest(s)- all the applicable terms in relation to their use of the Artizia Yachts services.
You agree to make use of the Artizia Yachts services according to your membership tier.
Members shall ensure to pay their monthly dues and other applicable fees when making use of additional services from the Artizia Yachts club.
When you want to make a booking, you agree to notify us 72 hours in advance.

Member’s acknowledgment
The member acknowledges and agrees that:

Artizia Yachts owns the yachts or has entered into financing arrangements in respect of the yachts provided by Artizia Yachts.
Member is entitled to use the Artizia Yachts services according to their membership tier and subject to pre-booking and availability.
The rights of the member are acknowledged as being subservient and subject to the rights of Artizia Yachts or its financiers in respect of the ownership and financial arrangements connected with the Artizia Yachts.

Cancellation of membership by member

The member may cancel the membership by giving 4 months' advance written notice to Artizia Yachts or payment equal to four (4) months’ of fees in lieu of notice.
Members can also cancel their membership immediately without the required 4 months advance notice where Artizia Yachts have breached the terms of this Agreement and have failed to rectify the said breach upon being given 21 days written notice to rectify the breach.

In the event that membership is cancelled pursuant to clause (i) above, Artizia Yachts shall be entitled to receive, as liquidated damages, a payment of 4 months membership due from the member. However, during the 4 months’ notice, the member will still have access to the Artizia Yachts services through the effective date of cancellation according to their current membership tier.

In the event that membership is cancelled pursuant to clause (ii) above, Artizia Yachts will provide to members a pro-rata refund on the current monthly membership dues paid.

Cancellation by Artizia Yachts

We shall have the right, immediately and without notice, to block, restrict, suspend or terminate your membership, if, in our sole opinion, you are in breach of any of the provisions of this Agreement or other agreements applicable to your membership. Such breach includes but is not limited to missing two payments of your monthly membership dues.
We may terminate membership for cause or without cause at any time, if you conduct yourself in an unbecoming manner on the premises, during charters, or violate any rules or regulations laid out by Artizia Yachts.
We may terminate your membership where you have breached the terms of this Agreement or agreement(s) applicable to your membership and the breach cannot be rectified.
We may terminate your membership for cause or without cause at any time for any illegal activities or violations of any state, federal or any applicable maritime laws.

Force Majeure; cancellation or suspension of membership
In the events where circumstances beyond the reasonable control of Artizia Yachts, including but not limited to, acts of God (earthquake, fire, tornado, etc), war, pandemic, disease outbreak, strikes, threats or acts of terrorism, government acts or regulations, government travel advisory warnings, civil disorder make it impracticable, inadvisable, illegal, or impossible to perform our obligations under this Agreement, we may decide to terminate this Agreement, without liability to you except as to reimbursement of a pro-rata refund of the current monthly membership due paid, or may provide the opportunity for your membership to be temporarily paused, upon written notice to you.

4. Booking and booking terms
Booking overview
Artizia Yachts will seek to ensure that all bookings are fulfilled, however, Artizia Yachts will not accept responsibility when the desired Yacht is not available for booking for any reason. Where possible another Yacht will be made available to you, but if this is not possible, Artizia Yachts will not be responsible for any compensation to a member. In such an event an alternative schedule will be made available to the member on a different date.

The booking process and availability
Booking can be made electronically through the Artizia Yachts app or by phone. Through the Artizia Yachts app, members will be able to see the available yachts, available hours, and perks and complete their booking. You can also manage add-ons services and communicate directly with the Artizia Yacht Concierge through the app.

In order to initiate your booking process, you need to notify us 72 hours in advance and you understand that your ability to access and complete your booking is subject to the availability of Yachts and/or available hours.

Until your booking is confirmed by Artizia Yachts by email or through other confirmation means, your booking shall not be deemed completed.
Depending on your membership tier, you shall be able to book any of the Artizia Yachts up to 12 months in advance or as otherwise agreed between you and Artizia Yachts.

Members are entitled to book seven (7) or more consecutive days by booking both daily time slots for a total of eight (8) hours for a full day.
For overnight stay on the Yacht, the applicable tier fee for overnight will be charged. Overnight accommodations can host up to six (6) guests in three (3) private staterooms.

Members also understand that certain privileges may be exclusive to certain membership tiers. For example, there will be priority booking privileges for the Executive membership tier.

Changes to booking
Artizia Yachts will always try to consider and arrange alterations, such as extension or date changes, that you may request after the initial booking has been confirmed. However, that may be subject to an additional administration fee. If no alternative can be arranged, the initial booking shall remain or be cancelled subject to our cancellation policy below.

Cancellation by member
In the event that a booked charter is cancelled for any reason by a member less than 72 hours to the booked date, Artizia Yachts reserves the right to deduct the booked hours from the member’s available booking hours or total fees associated with the booked charter.
Also, should the member not arrive to take out the yacht on a booked day, the booked hours for that day may be forfeited.

Cancellation due to bad weather condition
Artizia Yachts, in its sole discretion and with the use of relevant tools, will decide the classification of a bad weather day on the booked date.
In the event that a member is unable to make use of the booked charter due to bad weather, the member will be permitted to defer the booked charter cancelled due to bad weather to another date without loss of membership hours or additional payments made where applicable. It will be the member’s responsibility to notify Artizia Yachts and re-book the charter cancelled due to bad weather.

5. Privacy policy and confidentiality
Privacy policy
With regards to any and all personal information you provide to us as part of your membership and during booking, we will ensure to process and use such information in accordance with our privacy policy. Please see our privacy policy for more information about how we collect, process, and make use of your personal information provided to us by you.

Confidentiality
Each party herein undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party, except as permitted by below.
Each party may disclose the other party’s confidential information:

To its employees, representatives, officers, subcontractors, or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors, or advisers to whom it discloses the other party’s confidential information comply with this clause; and
as may be required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under this Agreement.

6. Insurance
Artizia Yachts provides insurance coverage for members using the service with the permission of Artizia Yachts. This insurance coverage meets all applicable requirements and protects Artizia Yachts and the members against any legal claims from third parties for personal injury or material damage caused by the use of the Yacht.

However, members shall be responsible for any loss in circumstances where our insurance cover cannot be invoked by us with our insurer in accordance with clause 9.

7. Personal property
Artizia Yachts is not liable to the member or any of the member’s guests for loss or damage to property taken onto or left in the yacht. Such property is entirely at the member or members’ guest's risk. Artizia Yachts’ insurance does not cover the theft or damage of possessions or valuables from the yacht.

8. Yacht control, damage, breakdown, and accidents
Yacht control
Artizia Yachts offers members an all-inclusive charter experience; this includes a USCG Captain, crewmember(s), food, beverage, fuel, all port fees, etc. During your booked charter, our designated Captain shall be in charge of the Yacht at all times and is responsible for the safe navigation of the yacht and the safety of his/her passengers at all times.

Members are required to follow all safety standards and procedures at all times and as may be directed by the Captain during their session.

Incidents/accidents and damages
Any and all incidents which may result in an insurance claim must be reported to Artizia Yachts and any relevant authority within twenty-four (24) hours after the occurrence of such incident. Failure to do so may result in Artizia Yachts insurers refusing to provide indemnity under its policy. In the event that an incident occurs but it is not reported to Artizia Yachts by the member or by our Captain and/or crew members and indemnity is subsequently refused, Artizia Yachts shall be entitled to recover the amount of any loss from the member arising from the lack of reporting.

In the event of an accident or damage to the yacht, other craft, property, or person/s the Captain must obtain and record the details of any other craft and the names and addresses of all parties involved. Where possible photographic evidence should be obtained. Under no circumstances must liability be admitted without communicating with the appropriate department within Artizia Yachts. The Captain must notify Artizia Yachts immediately by telephone or radio with full details of the accident/incident including damage incurred. Immediately upon return to the harbor the Captain and Members on the yacht during the charter will be required to provide Artizia Yachts with a full written account of any incident/accident, or damage of whatsoever nature no matter how trivial it may appear.

Breakdown
In the event of a breakdown or other emergency, the Captain will have been provided with the appropriate emergency helpline(s) to call.

9. Indemnity and control of defense & litigation
To the extent allowed by law, members agree to indemnify Artizia Yachts, its directors, officers, employees, contractors, subcontractors, and agents (“the Indemnified”) and to hold harmless the Indemnified from any and all claims, liabilities, damages, penalties, fines or cost (including reasonable attorneys’ cost and fees) resulting from or arising out of; (i) your breach of this agreement or disobedience of any rules during your use of the Artizia Yachts Services, (ii) any form of negligence, illegal activity, intentional act or misconduct of members or member’s guest during the use of the Artizia Yacht Services, (ii) any act or omission by you or by any of your guest in connection with the operation of a yacht and/or your use of the Artizia Yachts Services.
In the event that any allegation is made or any action or proceeding is brought against the Indemnified, you may be required to assume responsibility for the defense and retain counsel for defense thereof at your own cost. However, you shall cooperate with the Indemnified in the defense of any allegation brought forth and you understand and agree that we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. Liability
To the extent allowed by law, Artizia Yachts expressly disclaims any liability for damage or loss of any kind suffered by a member or any third party, unless it has been proven that Artizia Yachts is at fault. You agree that your use of the Service is at your sole risk and we disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, and fitness for a particular purpose. we do not warrant that our service will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our service/app will be corrected.

11. Limitation of liability
Artizia Yachts shall not be liable for any matters arising from any cause beyond Artizia Yachts’ control or not due to Artizia Yachts’ negligence or willful default including, but not limited to, death or personal injury to a member or his/her guests, loss of or damage to personal property, non-fulfilment or interruption of a yacht Session or delays, breakdowns or non-availability of a yacht. Furthermore, under no circumstances shall Artizia Yachts be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our service, your use of the service, or the content, even if advised of the possibility of such damages.

Notwithstanding any clause herein this Agreement, Artizia Yachts’ total liability to you for any loss arising under this Agreement is limited to, and shall not exceed the cost of your membership or the value of performing the relevant service again.

12. Venue and governing law
This Agreement and all aspects of the Services shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of law’s provisions) regardless of your location except that the Arbitration Clause (Arbitration) of this Agreement shall be governed by the Federal Arbitration Act.

13. Dispute resolution; arbitration
Informal negotiations
To expedite dispute resolution and control the cost of any dispute, controversy, or claim related to this Agreement (or the breach, termination, enforcement, interpretation, or validity thereof) (“Dispute”), you as a member of the Artizia Yachts Club agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. The parties must use reasonable efforts to attempt to resolve the Dispute in good faith.

Agreement to arbitrate
You and Artizia Yachts agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Artizia Yachts services or offerings (collectively, “Disputes”) will be settled by binding arbitration in the event where informal negotiation did not work.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

14. General provisions
Severability: If any provision of this Agreement is determined by a court to be unlawful, unenforceable, or invalid as a whole, the parties agree that the court shall amend that provision to achieve as nearly as possible the same effect as the original provision and the remainder of the Agreement will remain in effect.

Waiver: No delay or omission by Artizia Yachts to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

Assignability: As a member, you must not assign, transfer or subcontract any rights that you may have under this Agreement without Artizia Yachts’ prior written consent in the form of a written instrument signed by a duly authorized representative of Artizia Yachts. However, we may freely assign this Agreement and the other terms without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Agreement herein is binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

Survival: Without limiting any other clause of the Agreement, clauses relating to indemnities, liability, Personal Information, termination, and dispute resolution will survive termination of the Agreement.

Relationship of parties: This Agreement is not intended to create any relationship of partnership, agency, joint venture, or employment between Artizia Yachts and members.

Entire Agreement: This Agreement with other policies presented to you, constitute the entire agreement between you and us with respect to the Artizia Yachts services and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written and you confirm that you have read and accepts.

15. Questions or more information?
If you need more information or have questions, comments, or requests for technical support, and other communications relating to the Services, please email us at info@artiziayachts.com or call us: (619) 630-8805.