This Membership Agreement (“Agreement”) is entered into and becomes effective as of the date an individual or entity completes the purchase of a membership with the American Disc Jockey Association, a nonprofit corporation designated 501(c)(3) organized under the laws of Arizona (“ADJA” or “Association”).
WHEREAS, Member desires to join ADJA and receive the benefits of membership; and
WHEREAS, ADJA agrees to accept Member subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
1. ADJA PROFESSIONAL STANDARDS
Member acknowledges that ADJA has established Professional Standards to support its mission of advancing DJing as a respected profession. These standards reflect the level of professionalism, integrity, and responsibility associated with ADJA membership. While they are not intended to serve as a strict or exhaustive set of rules, they represent the principles and practices that ADJA encourages and expects its members to uphold in their businesses and within the industry. By becoming a member, Member agrees to align their business practices with these Professional Standards and to conduct themselves in a manner consistent with professionalism, ethical operation, and respect for clients, venues, and fellow professionals. Member understands that ADJA Professional Standards may be updated, revised, or refined from time to time to reflect the evolving nature of the industry. Continued membership constitutes acknowledgment of and agreement with the most current version. Member further acknowledges that these standards are intended to guide and promote professionalism within the ADJA community and are not designed to create strict liability or serve as the sole basis for disciplinary action.
2. MEMBERSHIP BENEFITS AND MODIFICATIONS
Member acknowledges that ADJA membership benefits, services, programs, partnerships, and offerings may change from time to time at the sole discretion of ADJA. ADJA reserves the right to add, modify, replace, or discontinue any membership benefits, in whole or in part, at any time, with or without prior notice. While ADJA strives to provide valuable and relevant benefits to its members, no specific benefit or offering is guaranteed for any duration of membership.
3. CONFIDENTIALITY AND DATA PROTECTION
3.1 Member agrees to maintain the confidentiality of all ADJA member information, including but not limited to names, contact information, business details, and any other proprietary or personal information obtained through membership (“Confidential Information”). Member acknowledges and agrees to refrain from using ADJA member information for any unauthorized purpose.
3.2 Member shall not disclose, provide, sell, transfer, or otherwise make available any Confidential Information to any third party without the prior written consent of ADJA, except as required by applicable law or valid legal process.
3.3 This confidentiality obligation shall survive the termination or expiration of this Agreement for a period of five (5) years.
3.4 Member acknowledges that ADJA processes personal data in accordance with applicable data protection laws, including but not limited to the location of the members and a description of their activities. Member consents to such processing as described in ADJA’s Privacy Policy, available at www.adja.org, and a current copy of which has been provided to Member. Member acknowledges the right to withdraw consent for non-essential processing at any time in accordance with applicable law.
4. COMMUNICATIONS AND CONSENT
4.1 Member acknowledges and consents to receiving communications from ADJA via email, text message (SMS/MMS), telephone calls, and postal mail regarding membership benefits, renewals, events, educational opportunities, and other matters related to membership.
4.2 Member provides express written consent to receive such communications, including automated calls and text messages, at the contact information provided in the membership application.
4.3 Member may opt out of non-essential communications at any time by following the unsubscribe instructions provided in each communication or by contacting ADJA at office@adja.org. However, Member acknowledges that certain communications regarding membership status, renewals, and critical Association matters cannot be opted out of while membership remains active.
4.4 ADJA will comply with all applicable laws regarding electronic communications, including the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), and similar regulations.
4.5 Member agrees to work directly with ADJA to resolve any concerns regarding communications before reporting such communications as spam or unsolicited to third-party entities. However, nothing in this Agreement shall prevent Member from exercising their legal rights under applicable consumer protection laws or reporting violations of law to appropriate authorities.
5. INTELLECTUAL PROPERTY LICENSE
5.1 ADJA hereby grants Member a limited, non-exclusive, non-transferable, revocable license to use the official ADJA logo, trademarks, service marks, and name (collectively, “ADJA Marks”) solely for the purpose of identifying Member’s affiliation with ADJA, subject to the following conditions:
(a) Member must be in Good Standing as defined in the ADJA Constitution and Bylaws;
(b) Use must comply with ADJA’s brand guidelines, as may be amended from time to time;
(c) Use must not imply endorsement of Member’s services beyond membership status;
(d) Use must not damage or dilute the ADJA Marks or ADJA’s reputation.
5.2 This license shall automatically terminate immediately upon: (a) expiration of membership; (b) suspension of membership; (c) termination of membership for any reason; or (d) Member’s breach of this Agreement.
5.3 Upon termination of the license, Member shall immediately cease all use and display of the ADJA Marks on all materials, including but not limited to websites, social media, business cards, promotional materials, and advertisements. Member shall, within ten (10) business days of termination, provide written certification to ADJA confirming compliance with this provision.
5.4 Member acknowledges that ADJA is the sole owner of all right, title, and interest in and to the ADJA Marks, and that Member acquires no ownership rights therein. Any goodwill generated by Member’s use of the ADJA Marks shall inure solely to the benefit of ADJA.
5.5 Member acknowledges that unauthorized use of the ADJA Marks following termination of this license may result in legal action, including claims under the Lanham Trademark Act (15 U.S.C. §1051 et seq.), Digital Millennium Copyright Act (17 U.S.C. §512), and applicable state laws, and that Member may be liable for damages, injunctive relief, and attorneys’ fees.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ADJA shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement or membership, including but not limited to loss of business, revenue, profits, or reputation. In no event shall ADJA’s total liability to Member for any claim arising out of or relating to this Agreement exceed the total amount of membership dues paid by Member to ADJA in the twelve (12) months preceding the event giving rise to the claim.
7. INDEPENDENT STATUS
Member acknowledges that membership in ADJA does not create any partnership, joint venture, agency, franchise, or employment relationship between Member and ADJA. Member has no authority to bind, represent, or act on behalf of ADJA in any manner, and shall not imply any such relationship to third parties.
8. TERMINATION OF MEMBERSHIP
ADJA reserves the right to suspend or terminate membership at its discretion if a member’s conduct is determined to be inconsistent with the mission, values, or reputation of the Association. Member may terminate membership at any time in accordance with the cancellation provisions outlined in this Agreement.
9. DISPUTE RESOLUTION
9.1 Binding Arbitration. Except as provided in Section 9.4 below, any controversy, dispute, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, including disputes involving other Members, National Directors, Officers, employees, agents, or contractors of ADJA (collectively, “Disputes”), shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, as supplemented by the procedures set forth in the ADJA Constitution and Bylaws.
9.2 Arbitration Procedures. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or, if the parties cannot agree within thirty (30) days, by an arbitrator appointed by the AAA. The arbitration shall take place in Florida, unless otherwise agreed by the parties. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.
9.3 Costs and Fees. Each party shall bear its own attorneys’ fees and costs, unless the arbitrator determines that an award of fees and costs is appropriate under applicable law. The parties shall share the fees and expenses of the arbitrator and the AAA equally, unless the arbitrator determines otherwise.
9.4 Exceptions to Arbitration. Notwithstanding Section 9.1, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, including but not limited to enforcement of intellectual property rights or confidentiality obligations. Additionally, disputes involving claims of less than $2,000.00 may be brought in small claims court.
9.5 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. Any litigation not subject to arbitration under this Agreement shall be brought exclusively in the state or federal courts located in Arizona, and each party hereby consents to the personal jurisdiction of such courts and waives any objection based on forum non conveniens.
9.6 Class Action Waiver. Member agrees that any arbitration or litigation shall be conducted on an individual basis and not as a class action, collective action, or representative action, and Member expressly waives the right to participate in any class action, collective action, or representative proceeding.
9.7 Survival. The provisions of this Section 9 shall survive the expiration or termination of this Agreement and shall continue to govern any Disputes arising during or after the membership period.
9.8 Severability. If any portion of this dispute resolution provision is found to be unenforceable, the remainder shall continue in full force and effect, except that if the class action waiver is found unenforceable, the entire arbitration provision shall be void and any Disputes shall be resolved in court as provided in Section 9.5.
REFUND POLICY
Membership dues are non-refundable except as required by applicable law.
FORCE MAJEURE
ADJA shall not be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, interruptions in utilities or communications, or other unforeseen circumstances.
12. RENEWAL TERMS
Membership will be automatically renewed each year through the credit card on file or upon receipt of dues, unless the Member provides written notice to the ADJA National office at office@adja.org at least 30 days prior to the renewal date, indicating the decision to opt out of automatic renewal.
NO GUARANTEE OF EMPLOYMENT
Nothing in this Agreement guarantees any employment for any member; rather, its intention is to provide membership benefits without any guarantee of results.
14. ELECTRONIC ACCEPTANCE AND BINDING AGREEMENT
Member acknowledges and agrees that this Agreement is a legally binding contract between Member and ADJA. By purchasing a membership, submitting payment, and/or clicking an “I Agree,” “Purchase,” or similar acknowledgment during the membership enrollment or renewal process on ADJA’s website, Member affirms that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement. Member agrees that electronic acceptance, electronic records, and electronic signatures constitute valid and binding acceptance under applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA). Member waives any requirement for a physical signature and agrees that no handwritten signature is required for this Agreement to be enforceable.