Membership Terms and Conditions
These Terms and Conditions (“Terms and Conditions”) constitute a legal agreement by and between Your Company (hereafter “You”, “Your” or “Your Company”) and the Bridal Association and its subsidiaries (hereafter “KCBA” “BA”, “We”, “Us” or “The Association”).
Becoming a Member:Please read these Terms and Conditions. If you agree join us. If you don’t agree then don’t join us.
I. MEMBERSHIP PROGRAMS. There are two Membership Programs (individually referred to by their title, or collectively referred to as the “Membership Programs”)
- Regular membership
II. REQUIREMENTS FOR MEMBERSHIP. Complete and Submit Application to BA:
- Membership Application: By submitting the application, You certify to BA that the information contained in it is accurate and that You have the authority to bind Your Company to these Terms and Conditions. BA will respond to membership applicants ASAP. After notification of membership acceptance, You can use the benefits and services of the Membership Program of which You are a member.
- Communication: You must have and maintain a valid e-mail address, phone & postal address to enable Your Company to communicate with BA. A condition of membership in any Membership Program is that You receive from BA program surveys, email, newsletters and other communications related to the Membership Programs.
- Payment: BA will accept membership payments by credit card (Visa, Master Card, Discover, and American Express) Check, Pay Pal or if by Cash in our office located at 1901 Chester Avenue Suite 201 Bakersfield, CA 93301-4477. All membership payments must be made within one calendar month of date of invoice. Upon invoice of a second monthly bill, a late fee of $10.00 will apply to all outstanding balances.
A. Membership Benefits may be suspended if payment (or payment arrangement) is not made within two months or 60 days of date of invoice(s). B. Membership Benefits may be canceled for non-payment if payment is not made, nor a satisfactory payment arrangements agreed, within three months or 90 days from date of earliest invoice. C. Membership canceled for non-payment will be subject to a reinstatement charge of $50.00 to renew membership.
- Membership Term: Membership is perpetual unless revoked or terminated. Membership in the Bridal Association starts with a 12 month commitment. After 12 consecutive months of membership you may cancel your membership by following the directions on the cancellation policy. There are amendments to this policy. Some contracts (Bridal Shows, Wedding Book advertising and other as stipulated in each contract) will extend your contract by as much as 12 to 16 months from the date of signature. This amendment is in place of paying full price on bridal shows or on contracted services due to item promoting the member base. [Note: this clause currently exists in Section (5) as written]. All BA membership is annual and will renew on your anniversary month automatically. In the event you change your membership from pay-monthly to pay-yearly, your anniversary date will change to the month of payment. A written cancellation must be submitted no less then 30 days in advance of your anniversary month per our cancellation policy to decline renewal. Please see complete cancellation policy for details.
- Membership Benefits will be extended only to accounts in good standing; i.e. not suspended or revoked as outlined in Paragraph II, Section (3). Suspended or canceled members are therefore not eligible to sign up for, or receive free listings in, Association-sponsored activities including discounted BA Bridal Shows, web site listings, community outreach events, “The Wedding Book”, “My Wedding Book Planner”, newsletters and other advertising. Memberships canceled by BA for non-payment will loose any member discounts given at the time of contract; i.e. Bridal Shows and other discounted contracts will be re-invoiced at non-member rates; not to exceed twice the member price.
- Update Information: At least once per year, you must verify and update Your business information (including, but not limited to, business name, primary and secondary contact, job title, email address, business address (physical and mailing), postal code, telephone and fax number) that Your Company has on file with BA
III. PROGRAM BENEFITS AND SERVICES. From time to time, BA may offer benefits or services to members of the Membership Programs. Benefits or services may be governed by separate guidelines, rules or other terms and conditions that will be provided with that offer. The guidelines, rules or terms and conditions for a particular benefit or service shall govern that particular benefit or service.
- Domain Name: With paid membership in BA you will be entitled the use of a domain name of your choosing (if available). Once you choose a domain name let your membership coordinator know so that it may be secured for you. once we acquire the domain name submitted to BA it will become the sole property of BA and available for use with your membership. If you cancel your membership with BA we will release the domain name to you upon the following conditions 1. All past due dues or fees are paid in full including balance of membership dues based on yearly membership in the association. 2. A transfer fee of $95.00 is paid to BA. 3. Any fees paid in advance by BA for said domain name are paid.
- Website Hosting: With paid membership in BA you will be entitled to a Basic Hosting Plan as defined on the Bakersfield Internet site.
- Bridal Pac: BA provides prospective brides and grooms with a Bridal Pac upon request at no charge. The Bridal Pac is filled with information provided by our members. There is no limit to the information you can provide to BA for distribution in the Bridal Pac and by other means through the association. All information provided MUST NOT contain any information on other services not provided by BA or its members. If at anytime the information provided by you becomes invalid either by change on your part, expiration date, or information on other members or services that are no longer affiliated with the association the information becomes invalid and it will be removed from distribution by the BA.
- E-Mail Leads: As a part of you membership in BA you are authorized to receive Bridal Hot Lead from BA leads are only provided via e-mail and are for your use only “BA Confidential”. If you cannot or are not receiving e-mail leads it may be one of the following issues:
1. Your ISP: Known issues exist with but are not limited to SBCGLOBAL & AOL. To fix this issue try setting up a free e-mail account with Gmail by Google then wait a day or two and see if you have received any leads.
If you are still having problems call member support at 661-633-9200.
- Phone Referrals: BA will refer your company to brides and grooms who contact the association looking for information on your type of service.
- The Wedding Book: Advertising in The Wedding Book is available to members of BA at a discounted rate (no listing is included with your membership). please see The Wedding Book for information on pricing & sizes. All artwork is the responsibility of the member and can be uploaded in the member’s area. As a member in the Wedding book, you must display the wedding book in plain sight of the customer at all times.
- Bridal Shows: BA will produce at least 2 Bridal Shows per year and basic members can participate in these events at a discount rate for a regular size booth. Members participating in shows will have first right of refusals for up to 30 days prior to the next show “only for the next show” after the last show of participation. When a show is less than 30 days out and you have not made a commitment to the show your spot will become available to the waiting list or the general membership and you will have to go to the bottom of the list. Members must place postcards for the upcoming bridal shows for up to 30 days prior to the next bridal show at all registers in plain view of customers and have at least 1 poster on each door promoting the bridal show.
- Use of The Wedding Center as an office: The Wedding Center is available to its members to meet with clients during regular business hours only. You must arrive no less then 15 minutes before your scheduled appointment.
- Receiving Faxes: as a benefit of membership you can receive faxes at BA (661-633-9199); however, BA is not responsible for the receipt of those faxes and you must be in the office when they are received.
- Membership and Listing on other sites: available to members of BA is a listing/membership on our partner site BridalAssociationOfAmerica.com.
IV. CONFIDENTIAL INFORMATION. BA’s “Confidential Information” includes: (I) tangible information of BA’s that is labeled “confidential” or “BA Confidential”, and (II) orally communicated information that relates to or is embodied in a tangible document that is labeled as stated in (I). At all times, title or the right to possess Confidential Information remains with BA. Confidential Information may be disclosed to Your Company at events and through other means. Certain programs may require additional confidentiality terms as a condition of participation. (III) Any information provided by BA not labeled “confidential” or “BA Confidential” is subject to the same rules of Confidentiality. (IV) The terms below also control BA’s Confidential Information disclosed through the Bridal Events and survive termination or expiration of the agreement. You agree to do and/or comply with the following terms:
- Maintain Confidential Information. Maintain Confidential Information with at least the same degree of care that you use to protect Your Company’s own confidential and proprietary information, but with at least a reasonable degree of care under the circumstances.
- No Disclosure. Do not disclose any Confidential Information to any third parties except to Your Company employees who have a need to know the information to do their jobs. Before disclosing Confidential Information to Your Company’s employees, train them on these contractual obligations of confidentiality and obtain their agreement to comply with them. You are responsible for compliance of Your Company’s employees with these contractual obligations.
- Copies. Do not make copies of Confidential Information except as necessary for Your Company employees that have a need to know; all copies must be marked “BA Confidential”.
- Duration. Maintain the confidentiality of Confidential Information for at least two (2) years from the date it was disclosed to You unless it is: (I) rightfully in the public domain, (II) rightfully received from a third party without any obligation of confidentiality, (III) rightfully known to You without any limitation on use or disclosure prior to its receipt from BA, or (IV) generally made available to others by BA without restriction on disclosure. You agree to return or destroy all or part of Confidential Information, including any copies, at BA’s request, and confirm your compliance with such request.
- No Other Use. Any bride/groom/customer/client information obtained from BA via email, by phone, at a bridal event, through the wedding book, Printed List, Excel Files or any other means may only be used for the business issued a booth/membership, i.e. if you sell flowers and you are also a photographer, but you only sign up as a flower shop, you can only use the leads for your flower shop. The leads may not be used for your photography business. If you Use the leads for a business not signed up for the event, your membership will result in fines of $1995.00 for each company that may have benefited from the lead.
- No Other Events: Client information is for your use only. If you participate in any outside events as a exhibitor such as other Bridal Events, Home Shows, Open Houses, Trunk Shows, etc. you may invite brides/grooms/customers/clients to said event by email, phone or mail to said event. In NO way may you share this Confidential Information with the event producers to invite prospective brides/grooms/customers/clients to said event and this invitation may only be used for the business that is a member of the association. IE: if you sell flowers and you are also a photographer, but you only sign up as a flower shop, you can only prospect for your flower shop. The leads may not be used for your photography business. If you Use the leads for a business not signed up for the event, your membership will result in fines of $1995.00 for each company that may have benefited from the lead.
V. OTHER TERMS, CONDITIONS AND NOTICES
- Member Web Site and Password. You must have a password to access certain areas of the Membership Program benefits and services. You shall keep your password secure and confidential and use it only for your authorized access to the Membership Programs website. You are solely responsible for all activities that occur with your password. You shall notify BA immediately of any actual or suspected unauthorized use of your password. BA is not responsible for any consequences that result from any unauthorized use of your password.
- No Agency. No agency, partnership, joint venture, franchise, or employment relationship is created between KCBA and You or Your Company as a result of these Terms and Conditions or Your Company’s participation in any of the Membership Programs. Neither of us is authorized to create any obligation, express or implied, on behalf of the other.
- Assignment. Membership is not transferable or assignable. BA may assign or delegate its rights and/or obligations, in part or in whole, under this agreement to any of its subsidiaries that are wholly owned directly or indirectly by BA.
- Order of Priority. The English language version of these Terms and Conditions shall prevail over any translations of them. The terms of any trademark license agreement(s) shall prevail over these Terms and Conditions with respect to the subject matter of the trademark license agreement.
- Waiver. Failure to enforce any of these Terms and Conditions shall not constitute a waiver of such terms, nor affect their enforceability.
- Governing Law and Forum. Any claim arising under or relating to the Membership Programs, the materials, or the websites 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.
- 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. KCBA shall not be liable to any Member if a KCBA employee or any other party acting on behalf of KCBA or acting on behalf of a Program Member accesses or updates the personal and/or business profile information of the Program Member(s).
VI. Past Due Accounts
30 days past due:
At 30 days past due your dues will revert back to full price and any discount given for auto pay will be removed. You will incur a late fee of $10 per month each month your dues are not current. You will also be removed from receiving hot leads.
60 days past due:
At 60 days you will receive a certified demand for payment and you will be charged $15 for the letter. Your listing on our sites will be suspended, your website will be suspended. Any marketing materials we have will be removed from display. Deposits on future bridal shows will be forfeited.
90 days past due
At 90 days your membership will be canceled and your listings on our sites will be deleted. Your website will be terminated and any/all marketing materials will be boxed and held for 90 more days for you to pick up. After 90 days your marketing materials will be thrown away.
Any discounts you received due to membership in good standing will be reversed and added to your balance. This includes the current wedding book publication, current year bridal shows, current year printing and any other consideration you may have benefited from. Any product you are making payments on will revert back to full price before any discount was applied.
Your account will be turned over to our attorney for collection and collection fees will be added of $575.00 plus interest at 23%.
Parker Stanbury LLP
ATTORNEYS AT LAW
444 SOUTH FLOWER STREET
LOS ANGELES, CA 90071-2901
180 days past due
Small Claims action will be filed for the full amount due at that time including court fees of $225.00.
VII. MEMBERSHIP CANCELLATION POLICY
The following policy may seem a bit over the top; however, it is intended to protect our members from fraud. In the past we have had a competitor of one of our members try to cancel the member’s membership. Due to this, we have put in place this safeguard for the protection of our members.
Membership in the Kern County Bridal Association starts with a 12 month commitment. After 12 consecutive months of membership you may cancel your membership by following the directions below. Your membership will continue on a month to month basis until you provide written notice of cancellation. Your membership will be immediately terminated upon such notice.
There are amendments to this policy. Some contracts (Bridal Shows, Wedding Book advertising, and others as stipulated in each contract) will extend your contract by as much as 12 to 16 months from the date of signature. This amendment is in place of paying full price on a bridal show or for advertising.
Common misunderstandings – these will not cancel your membership
- * Membership does not automatically cancel after 1 year.
- * Not paying your dues will not cancel your membership and could amount to several hundred dollars in past dues and late fees and could eventually result in legal fees.
- * Calling the office to cancel your membership, then saying that you spoke with some girl and that she said it was ok.
- * Sending an email or replying to an email.
Canceling your membership with the Kern County Bridal Association can be done in 1 of 2 ways:
- You can make an appointment with Kyle Brown and submit your cancellation in person. Kyle is available most days Monday ~ Friday 10am to 5pm.
- You can send a certified letter of cancellation and include the following information:
1. Your Name:
2. Company Name:
5. Phone #:
6. E-Mail Address:
7. User Name:
9. Reason for cancellation