The Membership Subscription Agreement is essential for businesses operating subscription-based services in Malaysia. It serves as the primary contract between service providers and their members, establishing clear terms for recurring services or access rights. This document is particularly crucial in the current digital age where subscription models are becoming increasingly prevalent across various industries. The agreement must comply with Malaysian legislation, including the Contracts Act 1950, Consumer Protection Act 1999, and Personal Data Protection Act 2010. It typically includes detailed provisions on membership benefits, payment terms, service delivery, data protection, and termination rights. Companies should use this agreement when offering any form of recurring membership service, whether for physical facilities, digital platforms, or hybrid services.
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1. Parties: Identifies the service provider and the member, including full legal names and addresses
2. Background: Explains the context of the agreement and the service provider's business
3. Definitions: Defines key terms used throughout the agreement
4. Membership Benefits: Details the rights, privileges, and services included in the membership
5. Subscription Terms: Specifies duration, renewal terms, and subscription periods
6. Fees and Payment: Outlines subscription fees, payment methods, and billing cycles
7. Member Obligations: Lists the responsibilities and obligations of the member
8. Data Protection and Privacy: Addresses the collection, use, and protection of personal data in compliance with PDPA
9. Intellectual Property: Covers ownership and usage rights of any intellectual property
10. Termination: Details circumstances and procedures for ending the membership
11. Limitation of Liability: Sets out the limits of the service provider's liability
12. General Provisions: Includes standard boilerplate clauses like notices, amendments, and governing law
1. Digital Services: Include when membership includes online or digital components
2. Physical Facilities: Include when membership involves access to physical locations
3. Insurance and Liability Waivers: Include for memberships involving physical activities or risks
4. International Usage: Include if membership benefits extend beyond Malaysia
5. Promotional Terms: Include if offering trial periods or promotional rates
6. Corporate Memberships: Include for business/corporate subscription options
7. Minor Members: Include if membership is available to individuals under 18
1. Schedule 1 - Membership Tiers and Benefits: Detailed breakdown of different membership levels and their respective benefits
2. Schedule 2 - Fee Schedule: Comprehensive list of all fees, charges, and payment terms
3. Schedule 3 - Facility Rules and Regulations: If applicable, rules for using physical facilities or services
4. Schedule 4 - Privacy Policy: Detailed privacy policy and data protection procedures
5. Schedule 5 - Cancellation Form: Standard form for membership cancellation as required by consumer protection laws
6. Appendix A - Member Code of Conduct: Guidelines for member behavior and usage of services
7. Appendix B - Digital Platform Terms: If applicable, terms specific to digital platform usage
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