Membership Subscription Agreement Template for Philippines

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Key Requirements PROMPT example:

Membership Subscription Agreement

"I need a Membership Subscription Agreement for my new wellness center in Manila, which will offer tiered membership packages including gym access, spa services, and nutrition consulting, with the agreement starting from March 1, 2025."

Document background
The Membership Subscription Agreement serves as a crucial legal document for businesses operating in the Philippines that offer recurring services or access-based benefits to members. This contract type is essential for organizations ranging from traditional membership clubs to modern subscription-based services, ensuring compliance with Philippine regulations including the Civil Code, Consumer Act, and Data Privacy Act. The agreement typically includes detailed terms covering membership benefits, payment structures, service provider obligations, and member responsibilities. It's particularly relevant in today's digital economy where subscription-based business models are increasingly common, while also serving traditional membership organizations. The document must incorporate specific Philippine legal requirements regarding consumer protection, data privacy, and electronic commerce, making it suitable for both physical and digital service providers operating within the Philippine jurisdiction.
Suggested Sections

1. Parties: Identifies the service provider and the subscribing member, including complete legal names and addresses

2. Background: Explains the context of the agreement, the service provider's business, and the general nature of the membership being offered

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Membership Benefits: Details the specific benefits, services, and privileges included in the membership

5. Subscription Terms: Specifies the duration, renewal terms, and conditions of the membership subscription

6. Fees and Payment: Outlines the subscription fees, payment methods, payment schedule, and related financial terms

7. Member Obligations: Lists the responsibilities and obligations of the member, including compliance with rules and regulations

8. Service Provider Obligations: Details the commitments and responsibilities of the service provider

9. Data Privacy and Protection: Addresses the collection, use, and protection of member data in compliance with the Data Privacy Act

10. Termination: Specifies the conditions and procedures for ending the membership, including notice requirements

11. Limitation of Liability: Outlines the extent and limitations of the service provider's liability

12. Governing Law and Jurisdiction: Specifies Philippine law as governing law and defines jurisdiction for dispute resolution

13. General Provisions: Includes standard legal provisions such as force majeure, entire agreement, and severability

Optional Sections

1. Electronic Communications: Optional section for agreements primarily conducted online, detailing terms for electronic notices and communications

2. Intellectual Property: Required when the membership includes access to proprietary content or materials

3. Membership Tiers: Used when offering different levels of membership with varying benefits

4. Transfer and Assignment: Needed when membership transfer rights are relevant to the service

5. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration provisions

6. Insurance Requirements: Necessary when members need to maintain specific insurance coverage

7. Facility Access Rules: Required for memberships involving physical facility access

8. Guest Privileges: Included when members can extend benefits to guests

Suggested Schedules

1. Schedule A - Membership Benefits: Detailed listing of all membership benefits, privileges, and services

2. Schedule B - Fee Schedule: Comprehensive breakdown of all fees, charges, and payment terms

3. Schedule C - Operating Hours and Access: Details of service availability and access times if applicable

4. Schedule D - Acceptable Use Policy: Rules and guidelines for using the membership services and facilities

5. Appendix 1 - Privacy Policy: Detailed privacy policy compliant with the Data Privacy Act

6. Appendix 2 - Cancellation Form: Standard form for membership cancellation as required by consumer protection laws

7. Appendix 3 - House Rules: Specific rules and regulations governing member conduct and facility use

8. Appendix 4 - Emergency Procedures: Safety and emergency protocols if applicable to the membership type

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Fitness and Wellness

Professional Services

Education and Training

Entertainment and Media

Co-working Spaces

Sports and Recreation

Digital Services

Retail and Consumer Services

Healthcare Services

Hospitality and Tourism

Business Services

Technology and Software

Relevant Teams

Legal

Operations

Membership Services

Customer Success

Compliance

Sales

Business Development

Finance

Risk Management

Client Relations

Digital Services

Administrative

Relevant Roles

Legal Counsel

Membership Director

Operations Manager

Customer Service Manager

Compliance Officer

Business Development Manager

Sales Director

Contract Administrator

Risk Manager

Chief Operating Officer

Membership Services Coordinator

Account Manager

General Manager

Chief Financial Officer

Digital Services Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental principles of contracts, including formation, validity, interpretation, and termination. This is essential for the basic structure and enforceability of the subscription agreement.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and interests, particularly regarding disclosure requirements, fair practices, and consumer remedies. This is crucial for subscription terms, pricing, and cancellation policies.
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and storage of personal information. Essential for handling member data and privacy policies within the subscription agreement.
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic transactions and recognizes the validity of electronic contracts. Important for online subscription processes and electronic payments.
Price Act (Republic Act No. 7581): Regulates pricing practices and requires transparency in price changes. Relevant for subscription fee structures and price adjustment provisions.
BSP Circular No. 808 on Credit Card Operations: Provides guidelines for recurring payment arrangements and credit card transactions, which is relevant for subscription payment methods.
Truth in Lending Act (Republic Act No. 3765): Requires disclosure of financial charges and terms in credit transactions, applicable if the subscription involves installment payments or credit arrangements.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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