Platinum Annual Membership

Platinum Annual Membership

8,062.50

a 7.5% processing fee is added to all memberships

Membership is $7500 Annually

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AMPM MEMBERSHIP TERMS OF USE

DEFINITIONS:

These terms of use may be referred to as “Terms of Use” and/or “Terms and Conditions.”
The individual that is the subject of the AMPM Membership Application, i.e., the individual who membership is applied on behalf of shall be known as the “Member” or “You”. Member may also be referred to herein as “Client”.

AMPM Hospitality, LLC shall be known as “Concierge”.
The AMPM Hospitality, LLC membership application shall be known as “Membership Application”.

“Services” shall be those described in Appendix A, Services.
“Unique Service Requests” shall be those requests made by Client, which are outside the scope of Services.

first day Member remits his Membership Fee installment and shall terminate upon the earlier of Member’s termination of his Membership in accordance with the terms herein, or Concierge’s cancellation of Member’s Membership, in accordance with the terms herein, whichever occurs first.

“Confirmed Request” shall mean any request initiated by the Client, which has been confirmed by Concierge via email or other form of communication.

“Concierge Service Fees” shall mean any and all costs, fees, charges, expenses, or otherwise that are incurred and/or that are to be incurred for a Confirmed Request and/or a Service Request. “Payment Card” shall mean the credit and or debit card that Member provides to Concierge, as evidenced by the Credit Card Authorization Form attached hereto.

“Third Party Partner” shall mean any third party product or service provider, which is used by Concierge to satisfy Client’s Service Requests. “Service Request” shall mean any communication by a Client to Concierge confirming inquiry for Concierge to perform services on Client’s behalf.

“Membership Agreement” shall mean the collective of the Membership Application, these
Terms and Conditions as well as Appendices,
which may be amended from time to time.
“Membership Renewal Date” shall be the day that n. is on every annual anniversary from when Membership Fees were initially delivered to the Concierge. For purpose of clarity, your 2.Membership Renewal Date is on the same day

every year starting one year from when Member became a Member and shall continue for consecutive one-year terms until Membership is terminated in accordance herewith.

“Membership Term” shall commence upon the

MEMBERSHIP:

a. All Membership Applications are subject to acceptance by Concierge, on its own schedule and at its sole discretion. Concierge shall notify applicants in the event that his, her or its Membership Application has been approved for membership. Concierge is under no duty to

disclose its reasons for rejecting or approving any

Membership Application.

  1. Member is obligated to provide correct personal

    and/or business/professional details when completing your Membership Application. 4. Failure to disclose and or update, any/all required details will invalidate your Membership Application. Your responsibility to provide accurate information is a continuing obligation
    and you must notify Concierge promptly in the
    event that any information provided by you in connection with your Membership Application changes, which may include without limitation, personal and/or professional contact details, etc.

  2. Membership with Concierge is personal to Member Member is responsible for ensuring that
    no one other than Member seeks to use the benefits of Membership with Concierge. Membership to the Company is not transferable
    and is only valid up to its date of expiry and upon acceptance of Concierge’s rules, which shall 5. include without limitation Concierge’s “Terms

    and Conditions”.

  3. You must notify Concierge immediately by e-mail

    at concierge@ampmgroup.com if the details of your Membership have been compromised. Failure to report a compromised Membership may result in the immediate suspension and or termination of Membership with Concierge.

  4. Your Membership Application along with these Terms and Conditions, as well as Appendices, shall collectively be known as your Membership Agreement, which may be amended in accordance herewith from time to time.

3. DURATION OF AGREEMENT: Member’s Membership shall become effective, and subject to 6. the Terms and Conditions of Membership, upon

receipt of any portion of the Membership Fees by Member, and shall continue for a one-year successive terms until terminated in accordance with the terms herein.

TERMINATION: Member may terminate Membership during the thirty (30) day termination window, which shall begin thirty days prior to Member’s Membership Renewal Date and end on the Membership Renewal Date (the “Termination Window”). In the event that Member shall not terminate its Membership during the Termination Window, Member’s Membership will automatically be renewed for an additional one-year successive term. Notwithstanding, Concierge and Member may terminate Membership in the event of a uncured breach of the Terms and Conditions of Membership. Any and all Membership Fees, costs, expenses, or otherwise that have been charged or are outstanding at the time of termination are non- refundable, without limitation.

SERVICES TO BE PERFORMED:
a. SERVICES: The services to be performed by

 

b.

Concierge are summarized in, but not limited to, those services specifically described in Schedule A attached hereto.
ADDITIONAL SERVICES: If Client requests Unique Service Requests, Concierge reserves the right to entertain such service request on a case-by-case basis, but makes no representation or warranty that Concierge will accept Unique Service Requests. Notwithstanding anything to the contrary contained herein, any and all requests that are for services to be rendered outside of New York City shall be considered a Unique Service Request.

 

MEMBERSHIP FEES:
a. MEMBERSHIP FEES: Commensurate with

Member’s approved Membership Application, Member shall remit to Concierge a non- refundable Membership Fee, payable in accordance with Member’s preferred frequency selection contained on the Membership Application.

b. Membership Fees are non-refundable and will be charged to the credit or debit card which you have authorized Concierge to deduct such payment from (“Payment Card”) in accordance with terms of your Membership and the attached Appendix C, Payment Card Authorization.

i. Subject to Member’s exercise of its right to terminate its Membership, Member hereby expressly authorize Concierge to deduct Membership Fees on: i) the first of the month if Member has elected a month to month renewal terms; or ii) up to 28 days prior to your Membership Renewal Date if Member has elected annual renewal term.

c. Service Request Fees. Service Requests shall incur a charge equal to that provided in the Service Fee schedule, applicable to the membership type (“Service Request Fee”). Service Request Fee(s) are non-refundable, even in the even that Concierge is unable to fulfill the request.

  1. SERVICE FEES: Service fees associated with Service Requests are provided in Appendix B. Notwithstanding the service fees provide in Appendix B, service fees are subject to change and may vary from city to city. It is Client’s responsibility to conform actual charges prior to booking a Request in order to verify all costs and expenses related to a request.

  2. Fees, Costs, Expenses. Any and all fees, costs, expenses, charges, or otherwise that are the result of a Member request are the responsibility of and are to be paid in full by the Member, without limitation.

SERVICE REQUESTS:

Client must make Service Requests via email, by emailing concierge@ampmgroup.com.
Service Requests must include specific details regarding the request, i.e., number of dinner guests, time of reservation, etc. In the event that Concierge needs more information to complete a Service Request, Concierge will contact Client seeking said information.

MODIFICATIONS TO SERVICE REQUESTS: In the event that Client makes an amended request to a Confirmed Request:

Concierge shall make best efforts to accommodate the Member request(s), but cannot guarantee the modified request will be granted;
Member will be responsible for any and all costs and fees charged by the third party (“Modification Fees”);

Concierge shall charge Member a modification premium equal to ten percent of the Modification Fees, or a minimum of two hundred and fifty dollars ($250), whichever is greater.

CANCELLATION(S) AND FEES: Notwithstanding Member’s full liability for the non-refundable Concierge Request Fee applicable to the Service Request, Client shall have the right to terminate a Service Request at any time prior to the Service Request becoming a Confirmed Request.
In the event that Client cancels a Confirmed Request, Concierge Service Fees, as well as any and all incidental charges, fees, costs or otherwise, are not subject to refund, and will be charged to the Member, without limitation.

DISCLAIMER:

  1. SERVICE REQUESTS ARE NOT GUARANTEED. Concierge will make best faith efforts to fulfill Client’s Service Requests. However, Concierge makes no representation and or warranties that Concierge will secure the Client’s request.

  2. Concierge does not provide night-club VIP list services.

  3. Terms of Service are subject to change at Concierge’s sole discretion at any time, provided however, Concierge shall notify Member of any changes to the Terms of Service and Member shall have the opportunity to Opt-Out of Membership within two weeks after updated Terms of Service are provided to Member.

  4. Electronic and other Correspondence. Any and all communication between Member and Concierge via any and all forms of electronic and or other communication will be construed as a request for Concierge services and are binding on the Member, without limitation.

11. COSTS AND EXPENSES:
a. In addition to the Service Fee(s) provided for

herein, including any attachments, quotes or other communications provided by Concierge and received by Member, Member agrees to pay the following costs and expenses: postage, delivery charges, long distance phone charges, products or services provided by referred business, messenger services and other such expenses which may be incurred by Concierge in the performance of its services on Client’s behalf. Moreover, Concierge may at your request purchase goods or services on your behalf. In the event that Concierge acts as a credit agent on your behalf in this regard, you hereby authorize Concierge to deduct the sum(s) from your Payment Card immediately along with

any additional fees, costs, expenses, or otherwise

that result therefrom.
b. In the event that Member request Concierge to

advance and/or cover the costs associated with a Confirmed Request (“Cost Advance Services”), Concierge reserves the right to authorize Member’s Payment Card in an amount that is one hundred and twenty percent the amount to be covered by Concierge on Member’s behalf.

c. STATEMENTS: Concierge will send to Member itemized statements on a monthly basis within ten (10) days from the last day of the month.

d. LATE PAYMENTS & PENALTIES:
i. If Concierge is prevented from charging to Member’s Payment Card any and or all monies due under the Terms of Conditions of Membership, for any reason including without limitation Member’s Payment Card being declined, expired, not authorized, Member will be responsible for a Fifteen Dollar ($15) service charge per day, or alternatively the maximum allowable late fee in accordance with New York

State law.
ii. PROCESSING CHARGE: Member authorizes

Concierge to add a processing fee of seven-and- one-half percent (7.5%) to any and all sum(s) that are to be charged to Member’s Payment Card in accordance with the Terms and Conditions of Membership, without exception.

12. MEMBERSHIPLIMITATIONS:
a. Membership may not be used to the benefit of

any other third person without the mutual benefit and presence of a Member. Any and all concierge requests must be made in the name of the Member, only, without limitation. Any benefit realized by a non-Member substituting

himself/herself as a member using Client’s Membership, shall result in Client being charged full non-Member price of the services rendered to the non-Member. Notwithstanding, Member’s failure to comply with the Limitations of Membership contained in this section may result in a cancellation of Client’s Membership, at Concierge’s sole discretion.

b. Concierge reserve the right to refuse Services to Client should any payment due to Concierge under the Terms and Conditions of Client’s Membership have not been received.

13. NON-LIABILITY: Concierge agrees to provide conscientious, competent, and diligent services for all of its Clients. Concierge’s services include referrals to other businesses and professionals. Those other businesses and professionals are referred on the basis of their high reputation, and are expected to provide quality service. However, Concierge is not, and cannot be, liable or responsible for any unsatisfactory services provided by any company, agency, business, services, individual, professional or otherwise referred to Client by Concierge. CONCIERGE MAKES NO WARRANTY OR GUARANTEE, NEITHER EXPLICIT NOR IMPLIED, THAT ANY REFERRED BUSINESS, PROFESSIONAL, AGENCY, OR INDIVIDUAL WILL SATISFACTORILY PERFORM OR PROVIDE ITS CONTRACTED SERVICES. Although Concierge may suggest or refer a particular business or professional to Client, it is Client’s sole responsibility to determine if that business or professional is satisfactory for Client’s needs or purposes.

whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with Client’s use of the Membership; and

b. In the event that Client instructs Concierge to contract for the supply of products or services with any Third Party Partner, Concierge acts as an agent for Client and, unless expressly provided otherwise, all your rights and remedies for any cause of action, whatsoever, shall be borne against the Third Party Partner.

c. Client acknowledge that any contract entered into by You and any Third Party Partner is an independent contract. Concierge hereby disclaims any and all liability for any act or omission of any Third Party Partner or any loss incurred by Client as a result of any act or omission of a Third Party Partner whether or not arranged through the Concierge.

d. Concierge shall have no liability to Client for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.

e. Concierge shall not be liable to Client or be deemed to be in breach of these Terms of Use by reason of any delay in performing, or any failure to perform, any of Concierge's obligations in

14.

LIMITATION OF LIABILITY:

a. Concierge shall not be liable to the Client,

relation to the Services, if the delay or failure was due to any cause beyond Concierge's reasonable control.

  1. Except as expressly set out in these Terms of Use, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Use.

  2. THE LIABILITY OF THE CONCIERGE, IF ANY, AS A RESULT OF THIS CONTRACT WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE VALUE OF MEMBER’S ONE YEAR MEMBERSHIP FEE. THE CONCIERGE WILL NOT BE LIABLE FOR DAMAGES, WHICH ARE INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF THE CONCIERGE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE, BUT MAY NOT BE LIMITED TO, SUCH ITEMS AS LOSS OF PROFITS. ALL CLAIMS OF ANY TYPE BY CLIENT AGAINST CONCIERGE MUST BE BROUGHT WITHIN ONE (1) YEAR OF OCCURRENCE OR BE FOREVER

BARRED. THE REMEDIES EXPRESSED IN THIS CONTRACT ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE.

15. AMENDMENTS TO MEMBERSHIP TERMS AND CONDITIONS: Concierge has the right to change, limit, modify or cancel the Terms of Use, as well as any attachments, appendices, exhibits, etc. of the Membership Agreement, at any time, with notice, even though such changes may affect the value of the Membership. Concierge may, among

other things: a) withdraw, limit, modify or cancel any membership benefit; b) add blackout dates, limit availability of membership benefits or otherwise restrict the continued availability of membership benefits; c) change membership benefits, locations served by the Concierge or its partners, conditions of participation, rules for participation in membership benefits, or rules governing the use of the membership; and d) change or cancel Concierge’s arrangement with third parties.

16. DISPUTES: Any controversy or claim arising out of, or relating to this Agreement, or the breach thereof, will initially be mediated by a mediator mutually agreed upon by parties to be administered by JAMS in New York City in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. In the event that the parties cannot mutually agree upon a mediator, or if the mediation is unsuccessful, the controversy or claim shall then be submitted to binding arbitration in accordance with JAMS and the JAMS Comprehensive Arbitration Rules and Procedures. Judgment upon the award of the Arbitrator may be entered in any Court having jurisdiction thereof. The fees of the mediator and/or the arbitrator shall be equally paid by the parties hereto provided that the Arbitrator may direct reimbursement of the costs, fees and reasonable attorney costs to the prevailing party.

17. INDEPENDENT CONTRACTOR: Both Concierge and Client agree that the relationship created by this Agreement is that of Independent Contractor, and not that of employee and employer, and shall not be construed otherwise.

18. BUSINESSHOURS:
a. Concierge is from 10:30 a.m. EST – 3:30 a.m.

EST, Monday - Sunday. Concierge and its personnel must be reached by telephone 212-386-

7618, or by email at concierge@ampmgroup.com.19. NOTICES: All notices necessary or desirable to be given hereunder shall be in writing and delivered in person or sent by certified mail or overnight delivery, return receipt requested, or by facsimile, if

to Concierge, addressed at:

AMPM HOSPITALITY, LLC 347 Fifth Avenue
Suite 1402
New York, New York 10016

and if to Client, addressed to Client at the address provided in Member’s Membership Application or to such other address as is stated in a notice given in compliance herewith. Any notice in accordance with the foregoing shall be deemed to have been given when delivered in person, or email, on the day received by Concierge.

20. INABILITY TO PERFORM: If by reason of: act of God; inevitable accident; fire; lockout, strike or other labor dispute; riot or civil commotion; act of public enemy, enactment, rule, order or act of government or governmental instrumentality (whether federal, state, or local); failure in whole or in part of Concierge to perform under the terms of this Agreement, it shall not constitute a breach of this Agreement by Concierge, except to the extent of refunding any advance payments made by Member for the service or costs not provided.

21. MISCELLANEOUS:
a. APPLICABLE LAW: The interpretation,

construction and enforcement of this Agreement shall be in accordance with the Law of the State of New York, without respect to conflicts of laws.

b. AMENDMENTS: Any changes or amendments to this Agreement, unless provided for otherwise, must be made in writing and signed by the parties hereto.

c. INDEMNIFICATION: You shall defend Concierge against any demands, claims or actions brought against Concierge as a result of your Membership with Concierge as well as any breach or violation of these Terms of Use by You (“Claim”) and You shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and You agree to cooperate with us in the defense of any such Claim, at our request.

d. PARTIES BOUND: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successor and permitted assigns.

e. ENTIRE AGREEMENT: This instrument embodies the entire agreement between the parties hereto with respect to the transactions contemplated herein, and there have been no agreements, representations or warranties between the parties other than those set forth or provided for herein.

SIGNATURES: This Agreement may be executed in several counterparts, which shall constitute one and the same instrument.

APPENDIX A SERVICE DESCRIPTION

CONCIERGE shall provide Client services reasonably expected of concierge companies in the business of providing concierge services in order to facilitate and plan events that will improve your life and business.

AMPM specializes in the areas of Travel, Culinary, Entertainment, Sourcing and Special events. It is our goal to provide our Clients with a lifestyle and opportunities to the best and most desirable venues and events.

AMPM will use its resources to fulfill any desired request and will be diligent in the performance of our Services.

For convenience, we’ve included a list of AMPM’s most popular services:

  1. 1)  Restaurant Reservations

  2. 2)  Social Events

  3. 3)  Company/Employee Outings

  4. 4)  Client Entertainment Experiences

  5. 5)  Special Events

While AMPM’s goal is to provide every experience our Clients’ desire, we must abide by the law and therefore must reserve the right to deny certain request, at our discretion.

APPENDIX B SERVICE FEES

SERVICE(S)

INDIVIDUAL MEMBERS

Request Charge

$50/Per Req.***

Special Event

Available upon Request*

Nightlife

Available upon Request*

Cost Advance Services

20% of the Total sum advanced.

Unique Service Requests

Available upon Request*

Event Management/Production Services

Available on Request

*AMPM will do its best to provide you with an accurate estimate of “all-in” costs upon receipt of a request. However, due to the unique nature of certain requests, prices and costs will vary and so we must reserve the right to fulfill quote requests on a case-by-case basis.

**Request Charge is independent and exclusive of any and all fees, costs, charges, expenses and/or otherwise that may be incurred for a Confirmed Request.

*** Request Charge does not apply to Unlimited Membership.