ANJC General Membership Agreement
By the signature of its authorized representative below, Applicant agrees to be bound by the terms hereof as well as the terms and conditions stated in the Articles of Incorporation and Bylaws, Intellectual Property Rights Policy and Antitrust Guidelines of the Association of New Jersey Chiropractors, Inc., a 501(C.)(6) not-for-profit company (“ANJC”)(collectively, the “Organizational Documents”) as may apply to the class of membership stated in such Bylaws. Applicant is encouraged to review these materials prior to the execution of this Agreement available upon request.
Fees / Dues. No Membership Agreement is binding on the ANJC until payment of the initial application fee of $_____ dollars is received and upon acceptance by the ANJC State Board of Directors. The term of participation shall be on a year-to-year basis, expiring on the 365th day from the date of acceptance of this application. The ANJC will invoice the then-current renewal fee to Members ____ (___) days prior to the expiration of the pending term and a Member’s payment thereof shall constitute a renewal of participation as a Member. Failure to make a timely renewal payment shall be cause for suspension and termination of participation and member benefits.
The following status shall apply to membership status: i) Pending: Payment not current for up to 30 days; membership remains active and member can access their account; ii) Lapsed: Non-payment for 30-90 days; members access to account revoked; iii) Suspended: Non-payment for 90+ days; membership ended. To obtain reinstatement of membership, in addition to normal dues a reinstatement fee of $150.00 shall be paid as a condition to acceptance of the reinstatement application. The undersigned agrees that, once accepted, all participation fees are nonrefundable for any reason, including termination of participation.
Representations. By accepting this Application for Membership, the applicant hereby agrees to abide by ANJC charter membership, policies, and by-laws, and also certifies that the information provided is accurate and that the applicant: i.) is licensed to practice Chiropractic in the State of New Jersey or other state or qualifies as a non-license member; ii) his or her license to practice chiropractic is not presently inactive, suspended or revoked, if applicable; iii) is not in default of any dues owed to the ANJC; iv) is not in violation of any of the provisions of the ANJC Organizational Documents; and v) has never pleaded guilty, entered a plea of nolo contendre, or has been found guilty by a judge or jury of a felony. The applicant acknowledges and agrees to notify ANJC Headquarters within ten (10) days if any of the above information changes. If any of the information provided by the Applicant is inaccurate, the Applicant agrees and understands that the ANJC has the right to revoke Applicant’s membership pursuant to Article II, Section 2.2 of the ANJC By-Laws. A copy of the ANJC Bylaws and Policies is available for review upon prior notice at ANJC Headquarters.
Agreement to Allow Use of Your Name, Mark and Likeness. Upon acceptance of this Agreement by the ANJC, the ANJC shall be permitted to use Applicant’s name (or trade name), any marks used in trade, and the likeness or image of the member solely for the purpose of promoting and marketing the ANJC. This shall constitute an irrevocable, perpetual license for the ANJC, its assigns, licensees and representatives, to use my image, picture, portrait, voice, or photograph in all forms and media and in all manner, for the following purposes: i) Provider publications, audio/visual presentations and/or Internet pages; and ii) any other media whether electronic or other utilized by Provider. I understand that the ANJC retains the right to use my image, and I waive all rights to ownership, compensation or royalty, if any, which may have resulted from this use. I also waive any rights of privacy in the images and likeness and any HIPPA rights I may have in the image. I hereby waive any right to inspect or approve the finished product, including but not limited to, written copy and/or an image imprint or on a web site, which may be created in connection therewith. I understand that the ANJC cannot control the unauthorized use by persons other than the ANJC, of my image once such image is published. I agree that any claim I may have concerning unauthorized publication of my image must be pursued by me against the unauthorized user and that I cannot pursue such claim against the ANJC. The ANJC disclaims any responsibility for such unauthorized use of my published image.
Survival. Upon termination of this Agreement for any reason, any and all provisions of this Agreement or any obligations set forth in the Organizational Documents which by their nature would remain executory after the termination of this Agreement, shall survive such termination in full force and effect. This survival shall include, but not be limited to any obligations of confidentiality, limitation of liability and commitment to grant a license.
Waiver of Warranties. ALL MATERIAL, INFORMATION, AND LICENSES PROVIDED TO MEMBERS BY THE ANJC HEREUNDER AND ALL MATERIAL, INFORMATION AND LICENSES PROVIDED TO THE ANJC BY MEMBERS, ARE PROVIDED ON AN “AS IS” BASIS, WITH NO WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY, CONTRACTUAL OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. FURTHERMORE, NO WARRANTY OR REPRESENTATION IS MADE OR IMPLIED RELATIVE TO THE VALIDITY OR ENFORCEABILITY OF ANY PATENT LICENSED HEREUNDER, OR RELATIVE TO FREEDOM FROM INFRINGEMENT OF ANY THIRD PARTY PATENTS.
IN NO EVENT WILL ANY MEMBER BE LIABLE TO THE ANJC FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF THIS AGREEMENT, INCLUDING BREACH OF WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Non-Waiver. Failure by any party at any time to require performance of the other of any of the provisions hereof, shall in no way affect any party's rights hereunder to enforce the same, nor shall any such waiver by either of any breach be held to be a waiver of any succeeding breach or a waiver of this non-waiver clause.
Notices. Notices to the Member shall be sent by personal delivery, regular mail, or facsimile to the address or facsimile number of such party listed on the first page hereof. Notices to the ANJC shall be sent by personal delivery, regular mail, or facsimile to the address or facsimile number of the ANJC on the last page hereof. Either party’s address may be modified by sending written notice to the other.
Applicable Law. Any claims arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of New Jersey or federal courts located in New Jersey, without regard to principles of conflict of laws.
Entire Agreement. This Agreement and the Organizational Documents set forth the entire understanding of the parties and supersedes and replaces all prior agreements and understandings between the Member and the ANJC relating hereto in their entirety, provided that this Agreement does not supersede file terms and conditions of any other agreements between individual Members.
