Membership Agreement

This is a contract entered into by the Bridal Association of America and its subsidiaries (henceforth referred to as “The Association” or “BAOA”) and the applying company (henceforth referred to as “Applicant” or “Member”). The signer represents that he or she is authorized to execute agreements on behalf of the Applicant. By signing the application, the Applicant agrees to the terms set forth in this contract.

  1. Membership Programs: The Membership Programs referred to as the “Membership Program”.
    1. National Membership
    2. Local Membership
  2. Requirements For Membership: Applicant must complete and submit the attached application to The Association or a local chapter thereof. By submitting the application, the Applicant certifies to The Association that the information contained therein is accurate and that he or she has the authority to bind the company to these Terms and Conditions. After notification of membership acceptance, the Applicant may use the benefits and services of the Membership Program of which it is a member.
    1. Communication: Member must have and maintain a valid email address, phone number, and postal address to facilitate communication between the Member and The Association. A condition of membership is that the Member may receive program surveys, email, newsletters and other communications related to the Membership Programs.
    2. Payment: The Association will accept membership payments by credit card (Visa, Mastercard, Discover, and American Express) PayPal, Check, or Cash. To submit a payment of check or cash, contact your local Association representative. Membership dues are due on the 1st of every month. A late fee may be assessed for overdue balances in accordance with the Association’s Fee Schedule.
      1. Non-Payment: In the event payment or payment arrangements are not made in a timely manner, benefits may be suspended. The Association will respond to delinquent accounts according to the following terms:
        • 0-30 days late: The Association will attempt to collect via mail, phone, or email reminders.
        • 31-60 days late: Late fees will be assessed.
        • 61-90 days late: Membership Benefits may be suspended unless payment arrangements are made with the Association. Additional Late Fees will be assessed.
        • 91+ days late: Membership will be canceled and account may be submitted to a collection agency. Member must pay a reinstatement fee as outlined in the Association Fee Schedule in order to renew account.
      2. Benefit Suspension: Membership Benefits shall be extended only to Member accounts in good standing. Suspended or canceled members are not eligible to receive benefits, including, but not limited to, Bridal Show Booth discounts, Advertising discounts, website listings, community events, newsletters, and email leads. Memberships cancelled for non-payment will lose member discounts. Discounted contracts for current events or advertising will be re-invoiced at non-member pricing.
      3. Membership Term: Membership continues unless revoked by the Association or terminated by the Member. The initial term with the Association is a period of no less than 12 consecutive months, unless other arrangements are made prior to submission of application. Membership shall continue on a month-to-month basis.
      4. Contact Information Update: It is the responsibility of the Member to maintain accurate contact information with the Association. The Association may periodically request updates to contact information for our records.
  3. Program Benefits And Services: The Association may offer benefits or services to Members that may be governed by separate guidelines, rules, or terms provided with that offer. Terms for these benefits shall govern these benefits only and have no bearing on Membership Terms. Membership terms may be adjusted periodically to reflect changes in services and benefits offered by the Association. Permanent services and benefits offered by the Association are outlined below.
    1. Domain Name: The Member is entitled to use of a domain name of your choosing, subject to availability. Member is required to inform his or her Association Representative of domain name choice in order to secure domain name of choice. In order to maintain renewal of domain name and hosting at no cost to the Member, the domain name remains the property of the Association. The Association permits use of domain name by the Member as a benefit of membership.
      1. In the event of termination of membership, domain name remains the property of the Association unless Member requests release of domain name. Release of domain name requires all outstanding fees, dues, and invoices to be fully paid and an account balance of $0.00. Member is responsible for all transfer fees associated with transfer of domain name.
    2. Website Hosting: With paid membership in the Association, Member is entitled to use of Basic Hosting Plan (25GB Monthly Bandwidth, 250MB Disk Space). Upgraded Hosting plans are available upon request for additional fees. Member will be notified by email in the event of service change or update. The Association may, at its discretion, alter hosting plans. Member will be notified of any change in hosting plans.
    3. Email Leads: The Association will provide leads to any brides who register with our websites. These leads are confidential and provided only via email for Member use only.
    4. Additional Referrals: The Association will provide Member information to brides and grooms who contact the Association in search of services.
    5. The Wedding Guide Advertisement Discounts: Member is entitled to discounted rates on advertisements in the publication. Membership in the Association does not automatically entitle Member to a listing in The WeddingGuide. The Wedding Guide Contract details the terms of advertisement.
    6. Company Listing on Association Websites: Member is entitled to listings on Association Websites as follows: One (1) listing on bridalassociationofamerica.com, One (1) listing on local chapter website. Other sites may be available, but not guaranteed.
  4. Confidential Information: The Association periodically distributes “confidential information” to it’s Members. At all times, title or the right to possess Confidential Information remains with the Association. Certain information may require additional confidentiality. The terms below control the Association’s confidential information and survive termination or expiration of the agreement.
    1. Confidential Information includes the following items:
      1. Tangible information from the Association labeled “Confidential”.
      2. Orally communicated relating to or embodied in a tangible document labeled “Confidential”.
      3. Information published to an Association website in a Members-only area.
      4. Information published in a Members-only group through social networking sites, such as Facebook.
    2. Member is responsible to maintain confidentiality of the Association’s Confidential Information. The same care should be given to the Association’s Confidential Information as the Member company’s confidential and proprietary information.
    3. Member must not disclose Association Confidential Information to any third parties with the exception of the Member’s employees on a need-to-know basis. The Member is responsible to train employees in proper handling of Confidential Information. In the event of a breach of confidentiality by a Member employee, Member company may be held responsible.
    4. Member may not make copies of Confidential Information except as necessary for Member employees. All copies must be marked “Confidential”.
    5. Member is required to maintain confidentiality of the Confidential Information for no less than two (2) years from the date of disclosure unless:
      1. Information is rightfully in the public domain
      2. Information is rightfully received from a third party without obligation of confidentiality
      3. Information is rightfully known to Member without any limitation on use or disclosure prior to its receipt from the Association
      4. Information is generally made available to others by the Association without restriction on disclosure.
    6. Any Confidential Information, lead, client information, or event information obtained from the Association in any way may only be used for the company issued a booth or membership. Members with multiple companies may not use membership with a single company to benefit companies which are not Members. Using information or leads provided by the Association to benefit a non-member company is not permitted and will result in fines of $995 for each company that may have benefited from the lead or information.
  5. Other Conditions and Notices:
    1. The Member will have access to Members-only areas of the website with a username and password. Member is responsible to keep password secure and confidential and use it only for authorized access to Member Website. Member alone is responsible for the usage of login information and shall notify the Association of any actual or suspected unauthorized use of login information. The Association is not responsible for any consequences that result from the unauthorized use of login information.
    2. No agency, partnership, joint venture, franchise, or employment relationship is created between the Association and the Applicant as a result of this agreement or Member participation in any membership programs. Neither party is authorized to create any obligation, express or implied, on behalf of the other.
    3. Membership with the Association is not transferable. The Association may assign or delegate its rights and/or obligations, in part or in whole, under this agreement to Association subsidiaries wholly owned directly or indirectly by the Association.
    4. The English Contract terms shall prevail over any translations thereof. The terms of any trademark license agreement(s) shall prevail over these Terms with respect to the subject matter of the trademark license agreement.
    5. Failure to enforce any of these terms shall not constitute a waiver of such terms, nor their enforceability.
    6. Any claim arising under or relating to Membership, materials, resources, or websites affiliated with the Association shall be adjudicated in the following forums and governed by the following laws: For the United States of America, the forum shall be Bakersfield, California, USA and the applicable law shall be that of the State of California, without reference to its conflict of law principles.
    7. Limitation of Liability: NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Association shall not be liable to any Member if an Association employee or other party acting on behalf of the Association or acting on behalf of the Member accesses or updates the personal and/or business information of the Member.
  6. Membership Cancellation Policy:
    1. In the event a Member wishes to cancel his or her membership with the Association, the Member may do so in one of the following ways:
      1. Member may send a certified letter of cancellation. Letter must include Name, Company Name, Postal Address, Phone Number, Email Address, Username, Password, Reason for Cancellation, and Effective Date of Cancellation. Letter must be signed and dated.
      2. Member may schedule an appointment with his or her local Association Representative and complete and sign a cancellation form in person.
      3. Cancellation via phone or email cannot be accepted.
    2. Membership does not automatically cancel following the initial one year term. In the event a Member requests cancellation before contracted membership term of one year has expired, the Association reserves the right to require a termination fee to be determined based on duration of term remaining.