WHEREAS the CHRA is a not-for-profit corporation whose mission is to promote and develop the education and understanding of its members respecting the various matters related to or arising out of home ownership, and further to provide cost-savings to its members respecting products and services that are or will be available to its members;
AND WHEREAS THE APPLICANTdesires to be a member of CHRA and CHRA desires to have THE APPLICANT be a member of CHRA;
NOW THEREFORE, in consideration of the covenants and agreements herein contained the Parties agree as follows:
1. NATURE OF SERVICES OF CHRA
1.01 CHRA shall act as a facilitator to introduce its Members to products and services that are offered by participating suppliers/vendors. All suppliers/vendors shall be part of a roster of approved suppliers/vendors that have been pre-screened and pre-qualified by CHRA to contact and negotiate supply/service agreements with the Member. Member shall be entitled to receive preferred pricing on specified products and/or services from the participating suppliers/vendors that are affiliated with CHRA. A list of services that are then currently available may be obtained from the CHRA website or by contacting CHRA by telephone.
1.02 Discounts on costs and fees that are available to Members are based upon negotiated group discounts from participating suppliers/vendors usual and customary fees and rates, or on national fees or rates for such products and services. Members actual savings and benefits will vary depending on the Members location in Canada and the specific benefit being derived from the product or service being offered.
1.03 Discounts and other benefits are subject to discontinuation, change, modification, improvement, or substitution, without the requirement that CHRA provide notice thereof to Member. CHRA makes no representation as to the currency of any products and services offered by participating suppliers/vendors.
2. TERM
2.01 The term of this Agreement will commence on the date that payment in full has been made for membership fees and dues, or, if the Member pays membership fee on the monthly installment plan if offered by CHRA, at the date the first installment payment has been made, and shall continue for the ensuing twelve months thereafter, unless terminated in advance by the Member or by CHRA.
2.02 CHRA reserves the right to terminate this agreement for any non-payment of dues when payable by the Member, if otherwise the Member has breached or is in default under this Agreement. Member may terminate this Agreement at any time upon written notice to CHRA. In the event of non-payment or other default by Member resulting in termination, or termination by Member, all dues paid, whether in advance or not, shall be non-refundable. CHRA may terminate this Agreement at any time upon written notice to Member. Where CHRA has terminated this Agreement and the Member is not in default, CHRA shall return to the Member any dues paid in advance, pro-rated to the date of termination.
3. MEMBERSHIP FEES AND DUES
3.01. Fees and dues payable by the member shall be in accordance with such terms and conditions as set out in writing between Member and CHRA. Such agreement on fees and dues are hereby incorporated into and form part of this Agreement. Member shall be responsible for all taxes payable on fees and due and shall be in addition to fees and dues.
3.02 Should Member wish to pay fees by way of credit card, debit, or other form of electronic payment, Member shall execute an appropriate PAD form and charges shall automatically be billed to Members account or other authorized billing source, on a periodic basis as authorized by Member. Member acknowledges that CHRA will not be responsible for any fees or penalties associated with insufficient funds, cheques returned as having insufficient funds, or any other form of fees or charges imposed by the depositor’s financial institution from where the funds have been drawn.
3.03 Unless the Member notifies CHRA that Member does not wish to renew membership with CHRA at least twenty (20) days in advance of the renewal date of the Agreement, this Agreement shall be automatically renewed for the term currently authorized and the renewal fees shall be withdrawn electronically from Member’s account, or, if Member pay dues directly to CHRA, such fees shall be due in accordance with the terms of the notice of renewal form sent to Member.
3.04 If Member terminates membership prior to the anniversary date of this Agreement, Member shall have a 30 day grace period following termination in which to renew membership. In such event, Member shall advise CHRA in writing and all membership fees shall be paid and up to date prior to the expiration of the 30 day grace period in order for the renewal of membership to be valid.
3.05 If Member relocates to another jurisdiction in Canada where CHRA participates, then membership may be continued subject to any payment of any other required fees and Member’s compliance with any regulatory requirements of that jurisdiction.
4. RELATIONSHIP
4.01 Member acknowledges that there is no employment or agency relationship created between CHRA and any participating suppliers/vendors. Members shall enter into their own agreements with suppliers/vendors for the provision of goods/services. There is no contract or other agreement, either express or implied, between CHRA and the Member respecting the supply of any products or services from participating suppliers/vendors. Any and all agreements for the sale or other disposition of goods or the supply of services, whether such agreements are written or oral, shall be between the Member and the participating suppliers/vendors. The manner in which the products are supplied and the services performed shall be the exclusive responsibility of the participating supplier/vendor.
4.02. Member acknowledges and agrees that CHRA has no authority or right to guarantee any fees or rates, nor to bind any participating supplier/vendor, to any fees or rates for services that may be supplied by participating supplier/vendor. Information respecting fees or rates that are listed or found on CHRA website or in any other sales or promotional materials are not determinative or other prices or make any representations or promises with respect to products or services of the suppliers/vendors.
4.03 CHRA is not liable or otherwise responsible for the content of any literature, promotional or advertising material, or any other information attributable to the participating suppliers/vendors that has been posted on CHRA’s website from time to time, nor is CHRA liable or otherwise responsible for the accuracy or currency of any such literature, promotional material or other information of the participating suppliers/vendors. Member is advised to contact the participating supplier/vendor respecting the currency and accuracy of all such matters.
4.04. CHRA shall have no liability with respect to the fitness or suitability of any goods supplied or any services provided by participating suppliers/vendors. In the event that any disputes arise between Member and any supplier/vendor, CHRA will make reasonable efforts to assist in resolving the dispute. Should any disputes not be able to be resolved informally, Member acknowledges and agrees that if legal action is required that Member shall deal directly with the supplier/vendor.
5. DISCLOSURE AND CONSENT
5.01 If Member applies to enroll on-line, acceptance of this Agreement electronically shall be conclusive proof that Member has read and understood this Agreement and agrees to be bound by its terms and conditions. Member’s submission of an application electronically shall be conclusive evidence of Member’s consent to receive any and all disclosures, notices and other communications, including any notices that may be required to be provided to Member respecting this Agreement.
5.02 If requested by Member, CHRA shall provide Member with a paper copy of any notices or amendments to this Agreement. CHRA reserves the right to charge an administrative fee for producing and providing such information in paper form, which CHRA may request at any time or may include on Member’s next invoice. Such administrative fees shall be part of the membership fees.
5.03 In order to access and retain such notices electronically, Member’s computer system must meet the following minimum requirements: (1) IBM or McIntosh compatible computer; (2) Internet access; (3) An internet browser equivalent to Internet Explorer 4.0 or greater, Netscape Navigator 4.0 or greater. If Member does not have sufficient hard drive space or operating speed to receive process and retain copies of all information to be sent to Member, CHRA shall not be responsible for providing any other notices to Member and notice shall have been deemed to have been received by Member.
5.04 CHRA may issue identification cards to Members. Such cards are the property of CHRA and shall be returned immediately to CHRA upon request or if this Agreement is terminated or lapses. Membership is not transferable. Participating suppliers/vendors shall have the right to verify membership by way of verification of proper identification, and member hereby consents to such requests by participating suppliers/members. Should Member refuse to co-operate in verifying identification, participating suppliers/vendors shall have the right to refuse participation of Member
6. GENERAL MATTERS
6.01 All notices required or permitted under this Agreement shall be given to Member by regular mail at the mailing address provided by Member, or by electronic mail at the electronic mail address provided by Member.
6.02 This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written.
6.03 This Agreement shall be governed by the laws of the Province of Ontario. If any disputes arise between CHRA and Member respecting matters fall properly within the scope of this Agreement, the parties shall first attempt to resolve the dispute informally and without resort to the courts. In the event that an informal resolution cannot be achieved, the parties shall submit the matter to arbitration in accordance with the Arbitrations Act, Ontario. The decision of an arbitrator shall be final and binding upon the parties and there shall be no right to appeal the arbitrator’s decision to the courts.
6.04 Member shall not be permitted to assign this Agreement to any person or corporation.
6.05 This Agreement shall be binding upon the parties and their respective successors and administrators
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative.
