Terms and Conditions
These following terms and conditions (these “Terms and Conditions”) set forth by GION MONOGATARI inc. (the “Company”)shall govern the agreement regarding the use by our member(s) (the “Member(s)”) of the private house named “MONOGATARI” (the “House”), which is operated by the Company, (this “Agreement”).
Article 1 (Purpose)
The purpose of the House is to provide a hospitable facility and relaxing environment for those engaged in creative activities and those who desire to develop their creativity, as well as to provide high-quality space for friendship and interaction among the Members.
Article 2 (Application)
These Terms and Conditions are rules that all the Members or Applicants (as defined in Paragraph 2, Article 5) must comply with in using and joining the House, and the Members must agree to these Terms and Conditions at the time of joining.
Article 3 (Amendment)
1.
The Company may amend these Terms and Conditions as required under the laws and regulations.
2.
If the Company amends these Terms and Conditions in accordance with the preceding paragraph, the Company shall make the following items known to the public by posting them on the website of the House or other means by the effective date:
1.
The fact that the Company will amend this Agreement;
2.
Details of these Terms and Conditions after the amendment; and
3.
Effective date.
Article 4 (Membership)
1.
The Member shall be an individual over twenty (20) years old or a corporation who has agreed to these Terms and Conditions and has completed the admission procedures set forth in these Terms and Conditions.
2.
The types of the Members are as follows;
1. Individual Member | An individual over 20 years old who has completed the admission procedure and has been approved as the Member by the Company. |
2. Corporate Member | A registered corporation that has completed the admission procedure and has been approved as the Member by the Company. Only three of its officers or employees (the “Registered Member(s)”) may use our services subject to the application by the Corporate Member. Affiliates are not permitted. |
Article 5 (Admission Procedures and Screening)
1.
Those who desire to join the House shall apply for membership to the Company and undergo screening. For the Corporate Member, in addition to the corporation itself, its representative and the persons applied as the Registered Member shall also undergo screening.
2.
Upon the receipt of an application set forth in the preceding paragraph, the Company shall screen the applicant (the “Applicant”). The Company may, at its sole discretion, approve or disapprove the Applicant's membership. The reason for disapproval will not be disclosed to the Applicant under any circumstances.
Article 6 (Admission Fees)
1. The Applicants approved for the membership are required to pay the admission fees fees as below by the date designated by the Company.
1. Individual Member
Admission fees: 1,100,000 yen (excluding consumption tax) / Annual fees: Free
2. Corporate Member
Admission fees: 1,650,000 yen (excluding consumption tax) / Annual fees: Free
1. Individual Member
Admission fees:
1,100,000 yen
(excluding consumption tax)
Annual fees: Free
2. Corporate Member
Admission fees:
1,650,000 yen
(excluding consumption tax)
Annual fees: Free
2.
After the Company has confirmed the payment of the admission fees, an email titled “Welcome to MONOGATARI” will be sent to the Applicant, and the Applicant will be deemed to have been officially admitted to the House at the time of the receipt of such e-mail.
3.
The admission fees shall not be refunded even in the case of early termination of the membership during the Membership Period or in any other cases, unless otherwise the Company is required to do so by laws or acknowledges that there is a legitimate reason.
Article 7 (Membership Period)
Membership will continue as long as the House is in existence. However, only for the duration of the Salon's existence.
Article 8 (Payment)
1.
The Member shall pay certain fees for any services provided at the House.
2.
The Member may use credit cards or certain electronic payment method for any fees in the House.
Article 9 (Change of Registered Member)
1.
The Corporate Member may change its Registered Member by means separately determined by the House.
2.
If any of the Registered Member is not approved by the Company, the Corporate Member shall designate a new Registered Member.
3.
If the Registered Member's membership is suspended, the Corporate Member may designate a new Registered Member. In this case, the fees separately determined by the Company will be charged.
4.
The Corporate Member shall be jointly and severally liable for the acts and obligations of the Registered Member. Even if the Registered Member resigns from the Corporate Member, it shall remain liable for their acts and obligations as long as the relevant person is registered as the Registered Member.
Article 10 (Guests)
1.
Guests (up to 3 persons) accompanied by the Member may also use the House. The Member shall be responsible for all acts and obligations (including obligations to pay usage fees) regarding the use of the House by such guests.
2.
The House may restrict access to the House by the Members and their guests for reasons such as congestion.
Article 11 (Changes of Service)
The Company may change the service of the House without prior notice to the Members. Provided, however, prior notice will be given to the Members in writing (including electromagnetic documents) or on the website for any material changes.
Article 12 (Termination)
1.
The Member who desires to terminate this Agreement must notify the Company in the manner designated by the Company.
2.
The Member may terminate this Agreement as of the last day of the month by submitting the application in accordance with the preceding paragraph by the 10th day of the month preceding the month in which the Member desires to terminate this Agreement.
3.
If the House is closed, this Agreement will be terminated between the Company and all the Members.
4.
Upon the termination of this Agreement, the Members shall lose all rights as the Member and shall not be able to use the House further.
5.
The Member shall perform their obligations to House that have been incurred at the time of the termination even thereafter.
Article 13 (Prohibited Acts)
The following acts are prohibited in the House:
1.
Filming, recording, audio recording, and live in the House;
2.
Smoking in the House;
3.
Calls in the House, except in areas designated by the House;
4.
Disclosing personal information of the other Members or the guests on social media;
5.
Disclosure of information that the House has prohibited from being made public;
6.
Acts that disturb the other Members, such as shouting or violence;
7.
Bringing animals into the House, except for service dogs permitted by laws; and
8.
Any other acts that the Company or the House deems inappropriate.
Article 14 (Suspension and Expulsion)
1.
The House may, at its sole discretion, suspend or expel the Member for any of the following reasons:
1.
If the Member declare false information at the time of admission, change of information or renewal;
2.
If the Member violates these Terms and Conditions or any other cautions or warnings by the Company or the House;
3.
If the Member violates laws and regulations or loses social credibility;
4.
If the Member is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation, or if any other event occurs that is recognized as deterioration of the Member's financial situations;
5.
If the Member fails to perform the obligations to the House, such as payment obligation of the annual fees or usage fees;
6.
If the Member commits any acts that are detrimental to the honor, credit, or dignity of the House or Company, or that is disruptive to orders;
7.
If the Member damages intentionally the facilities of the House;
8.
If the Members engage in commercial activities that are contrary to the purpose of the House;
9.
If the Member, through its negligence, cause inconvenience to the other Members, the House or other third parties;
10.
If the Member's behavior is deemed to be detrimental to Member's dignity;
11.
If it is discovered that the Member has a relationship with crime syndicates or antisocial forces; and
12.
If the Company reasonably determines, based on objective evidence, that the Member is not appropriate as a member of the House.
2.
The Member whose membership is suspended by the House are not allowed to use the facilities of the House or receive any other services by the House during the period of suspension.
3.
The Member who is expelled from the House loses all rights to use the House. In the case of the Corporate Members, if any of the Registered Members are expelled, the relevant Corporate Member shall lose all rights as the Corporate Member.
Article 15 (Liability for Damages)
The Member shall be liable for any losses or damages (including reasonable attorneys' fees) caused to the other Members, staff, or third parties due to the Member’s or guest's violation of the rules and regulations, or their negligence.
Article 16 (Disclaimer)
1.
The Company shall not be liable for any losses or damages suffered by the Members and their guests while using the facilities of the House, except in the cases of the Company’s willful misconduct or gross negligence.
2.
Notwithstanding the preceding paragraph, if the member is a “Consumer” as defined in the Consumer Contract Act in Japan (as amended), the Company shall be liable for losses or damages suffered by the Members or their guests while using the facilities of the House through the Company’s willful misconduct or negligence. In such cases, except in the case of the Company’s willful misconduct or gross negligence, the Company shall be liable only for general losses and damages (excluding damages for loss of profits or other damages caused by special circumstances).
Article 17 (Relocation and Closure)
If the facilities of the House fall under any of the following items, the Company may close or relocate the House, or take any other actions.
1.
If the facilities of the House are damaged due to natural disasters or other external events;
2.
If it is determined that there is a safety risk to the Members or employees of the House;
3.
If renovating or expanding the facilities of the House;
4.
If laws and regulations are revised, amended, or abolished, or if there is recommendation by the relevant authorities;
5.
If the lease agreement for the facilities or leased land for the House is terminated; and
6.
If it is reasonably determined, based on objective evidence, that the ordinary operation of the House will be interfered.
Article 18 (Assignment)
The Member may not lend, assign, or otherwise dispose of the membership in the House to a third party.
Article 19(Succession of Membership)
If the Member (excluding the Corporate Members) die, this Agreement with such Member shall terminate. The status under this Agreement or membership may not be succeeded to by any heirs or other successors.
Article 20 (Personal Information Protection Policy, etc.)
The Company will appropriately handle personal information of the Members in accordance with its privacy policy.
Article 21 (Email Newsletter)
1.
The Company may distribute email newsletters (including notices and housekeeping communications) to the Members. The e-mail newsletters may contain information regarding the Company’s activities, as well as advertisements and promotions regarding the Company, the Company's affiliated companies, and other third parties.
2.
The Company shall use only the information registered by the Members themselves to distribute the e-mail newsletters.
3.
The Member may change their registered information or unsubscribe to the e-mail newsletters at any time.
4.
If the Member desires to change their registered information or unsubscribe from the e-mail newsletters, they shall do so in a manner separately specified by the Company.
Article 22 (Governing Law and Jurisdiction)
1.
These Terms and Conditions are governed by the laws of Japan.
2.
The Tokyo District Court shall have exclusive jurisdiction in the first instance over all disputes arising in connection with these Terms and Conditions.
(Enacted on October 30, 2024)