Charter

This Club Charter of The Battery private membership club ("Charter") governs the rights and responsibilities of all members ("Members") of The Battery private membership club (the "Club") at its facility located at 717 Battery Street, San Francisco, California ("Premises"). This Charter may be amended from time-to-time as determined by Club management and communicated to the Members by posting on the Club’s Website: https://thebatterysf.com.

This Charter, as amended, is binding on all Members and governs their use of the Premises.

Membership Classes

1. Full Members | Full Members have the broadest rights of all classes of Club Membership. Full Members are entitled to the rights and benefits delineated in Schedule I to this Charter. The fees payable by Full Members are established by Club Management from time-to-time. There are different tiers of Full Membership, with their own qualifications, that may be shared by our Membership Department.
2. Resident Members | Resident Members are persons who have booked and secured payment for an overnight Guest Room at the Premises and are currently occupying the Room. No more than two (2) persons occupying such room shall be considered Resident Members. Resident Members are entitled to the rights and benefits delineated in Schedule II to this Charter. Resident Members may not nominate other Members. The fees payable by Resident Members for their membership are allocated as a portion of the charges for their Guest Room at the Premises.
3. Reciprocal Members | Reciprocal Members are persons who are granted access to the club under a special reciprocal partnership with another club for a limited time, usually one business day. Their status and membership is confirmed with their parent club prior to their arrival at The Battery and they are entitled to the rights and benefits designated in Schedule III of this Charter. Reciprocal Members may not nominate other Members. Reciprocal Members are not granted house accounts and must settle their balances with a credit card.
4. Artists or Creatives in Residence | Artists or Creatives in Residence are individuals who have been invited by the Membership Committee to enjoy a complimentary, limited membership at The Battery in order to enhance the cultural experience and diversity of our membership and to integrate the Club with artistic and creative communities. For example, an Artist or Creative in Residence may be a visual artist who is displaying works at The Battery or a performing artist who is performing at the Club or elsewhere in our community. Artists or Creatives in Residence must comply with all rules and policies contained in this Charter. Artists and Creatives in Residence must maintain a valid credit card on file for charges incurred at The Battery. Artists and Creatives in Residence will have a specified duration of membership as the Membership Committee determines and will have the following privileges only:
   1. Ability to bring a maximum of three Guests at a time (unless a Club manager explicitly approves more) in accordance with Paragraph 2 of Schedule I of this Charter
   2. Access to the areas permitted to Full Members in Section 4 of this Charter
   3. Ability to host and attend events in accordance with Section 3(t) and Paragraph 6 of Schedule I of this Charter
5. Club Team Member | Club Team Members are designated employees of The Battery or The Battery Foundation who will enjoy a complimentary membership at The Battery as an employment benefit, and to enhance the employee’s understanding of the Member and Guest experience of food, beverage, hospitality, the Battery Powered program, workspace, games room, and event services at The Battery. Club Team Members must maintain a valid credit card on file for charges incurred at The Battery. Club Team Members must comply with all rules and policies contained in this Charter. A Club Team membership may be terminated by The Battery at any time. Club Team Members will have the following privileges only:
   1. Ability to bring a maximum of three Guests at a time (unless a Club manager explicitly approves more) in accordance with Paragraph 2 of Schedule I of this Charter
   2. Access to the areas permitted to Full Members in Section 4 of this Charter
   3. Ability to host and attend events in accordance with Section 3(t) and Paragraph 6 of Schedule I of this Charter
6. Future Membership Classes | Club Management may create additional classes of Members in the future, and delineate the rights and responsibilities of those Members in an amendment to this Charter.

Membership Admission

1. Admission | Prospective Full Members may only apply for Club membership if they are recommended by an existing Member. The Club’s Membership Committee, who shall be appointed by Club Management, may screen each prospective Full Member, including credit and background checks as well as reference checks to verify that the prospective Full Member satisfies the criteria established by Club Management from time-to-time. However, no individual shall be discriminated against by reason of race, color, religion, religious practice, religious creed, sex (including pregnancy, childbirth, breastfeeding or related medical condition), age, national origin, primary language, ancestry, sexual orientation, gender identity or expression, marital and registered domestic partner status, medical condition, disability, genetic information, citizenship or immigration status, military and veteran status, and/or political affiliation, and any other characteristic covered by applicable federal, state or local law. Prospective Full Members must complete a membership application and participate in an in-person Nominee Open House as required by the Membership Committee. Membership applications, Nominee Open House notes and all discussions and proceedings of the Membership Committee shall be confidential and not subject to review by anyone other than Club Management.
2. Membership Duration | Memberships are non-transferrable, including by cause of death, although a pro rata portion of prepaid annual fees (but not the Initial Fee) may be refunded to a deceased Member’s estate. So long as a Full Member pays annual fees and all charges incurred at the Club, their membership will be considered for renewal at the discretion of Club Management. Members may utilize a grace period of thirty (30) days from renewal date to change their mind and withdraw their renewal acceptance. In this case, the prepaid annual fees will be refunded. New, or returning, Members that withdraw their acceptance between thirty (30) and sixty (60) days may be accommodated, but the first 30 days will not be refunded. Withdrawn acceptances beyond sixty days are not eligible for a refund of the prepaid annual fees.
3. Membership Renewal | Annual renewal of membership is subject to invitation by Club Management. Notice of renewal may be delivered to Member approximately one month before the end of Member’s Current Term. Renewal and continued access to the Club is contingent on Member’s payment of the Membership Fee specified in the notice of renewal and the Member’s account being in good standing, as defined by this Charter. The Member’s on-going compliance with the Charter and other written rules of The Battery shall be a factor in determining whether membership will be renewed.
   Membership Reinstatement | Members wishing to reinstate membership after not renewing or withdrawing acceptance must be recommended by an existing Full Member and reapply for membership, unless otherwise agreed to by Club Management. Membership reinstatement is subject to the guidelines as defined by this Charter. Terminated members may not reinstate membership under any circumstances and may be prohibited from gaining access to the Club in any capacity in the future.
4. Membership Cards | Club membership cards are secure access cards that admit Members to various portions of the Premises. Each Member Class will be responsible for the safekeeping of the club membership card that is issued to the Member. Lost or stolen cards must be reported immediately. Replacement cards may be issued subject to a service fee. Members agree to use other forms of identity verification at the Club as technological advances occur and the Club takes advantage of them (example, fingerprint recognition).

Club Policies

The following Club Policies are intended to promote the positive and safe experience of everyone associated with the Club. We consider these policies to have the force of bylaws and we intend to enforce them by sanctioning Members and Guests who violate them and in appropriate cases, terminating Members’ and Guests’ access to the Premises.

1. Purpose of Club | The Battery is a social club that features dining, cocktails, relaxation, social interaction, affinity groups (known as: Societies), art appreciation and viewing, discussion of technology, innovation, inventions and trends, and facilities for special events (“Private Events”), excursions, and overnight accommodations. Our primary concern is the well-being of our Members and their ability to relax and enjoy the Club and its Premises. Although business discussions will naturally arise in the course of socializing among Members, we will not allow solicitation of Members for business opportunities, for fundraising, to join other organizations, to promote religious or political causes, the distribution of unsolicited marketing materials to Members, or the posting of any notices or advertisements not pre-approved by Club Management.
2. Guests | The rights of Members to invite Guests to the Club ("Guests") are limited as stated in Schedule I, Schedule II, or Schedule III to this Charter. Members shall ensure that their Guests are aware of the Club Policies stated in this Charter. Members are responsible for the conduct of their Guests and for the unpaid Club charges of their Guests. Guests shall register with the front desk upon arrival at the Premises. Members must be present when their Guests are at the Premises. Guests may accompany Members to any areas of the Premises other than Members-only areas as designated in Section 4. Our liquor license is dependent on us serving "Members and their bonafide Guests". Because of this, Members may not leave Guests unattended unless for use of restrooms or if Guests are using private phone booths. Members cannot make reservations in the areas designated in Section 4 (except for overnight Rooms) for the purpose of leaving their Guests unattended. Additionally, because Members are only able to make one reservation per dining outlet, they cannot have their Guests dine separately in the same outlet. If a Member needs to leave for emergency reasons, Guests are expected to leave as well. Switching, swapping, and vouching for Guests of other Members does not satisfy the requirements of a Bonafide Guest and are therefore discouraged. Guests and their actions will be associated with the Member of which they originally arrived.
3. Alcohol Policy | While alcoholic beverages are served throughout the Club and are a part of the membership experience, we expect all Members to moderate their usage and refrain from boisterous or disruptive behavior as a result of their intake. Members who are repeatedly or habitually intoxicated or who violate this rule are subject to termination or withdrawal of membership renewal. We reserve the right to refuse service of alcoholic beverages to Members and Guests who appear to be intoxicated, exhibit signs of intoxication as outlined by the CA Department of Alcoholic Beverage Control, or who, in the bar staff’s professional opinion, have consumed too many alcoholic beverages within a given time span. Alcoholic beverage service at the Club will comply with all Federal, state and local laws, rules and regulations, including minimum drinking age laws. The prohibition against over-intoxication and serving minors also applies to Members or Guests who purchase alcoholic beverages on behalf of others who are underage or whose beverage service has been terminated. No food or beverage may be removed from the Premises. Outside food or beverages are not permitted in the club, unless medically necessary.
4. Illegal Drugs/Substances | No Member or Guest shall accept, purchase, use, ingest, possess, sell or otherwise distribute or receive illegal drugs, cannabis, other psychotropic substances, or attempt to do any of the same with any Member, Guest, or employee. No Member or Guest shall ask any of The Battery staff for illegal drugs, cannabis, other psychotropic substances (or potential sources of the same) while on club premises, or in the immediate vicinity thereof. If any of the actions above occur or if The Battery, in its good faith discretion, believes this rule has been or may have been violated, the relevant Member and/or Guest will be removed from The Battery and the membership in question will be terminated. Under current laws, cannabis may not be used in premises licensed for alcohol consumption. No Member or Guest shall accept, purchase, sell, use or possess any object which is illegal or offensive while on club premises or in the immediate vicinity thereof. If any such objects are found, the item will be confiscated, the relevant Member and/or Guest will be removed from The Battery, the membership in question will be terminated and, depending on the circumstances, the police or relevant authorities will be notified.
5. Anti-Harassment Policy | In accordance with its obligations as an employer and the operator of a hospitality business, The Battery is committed to providing a work and accommodation environment free of unlawful harassment as well as conduct that could be considered unlawful harassment. Harassment can take on many forms and sexual harassment or unwanted sexual advances toward persons of either sex will not be tolerated. Unlawful harassment is also classified as harassing conduct based on race, color, religion, religious practice, religious creed, sex (including pregnancy, childbirth, breastfeeding or related medical condition), age, national origin, primary language, ancestry, sexual orientation, gender identity or expression, marital and registered domestic partner status, medical condition, disability, genetic information, citizenship or immigration status, military and veteran status, and/or political affiliation, and any other characteristic covered by applicable federal, state or local law. The Battery’s anti-harassment policy applies to all persons involved in the operation or business of The Battery including managers, co-workers, Members, Guests, visitors, and outside vendors and contractors. Maintaining a safe, harassment-free work environment is a responsibility shared by all employees, managers and The Battery. Harassment on the basis of any protected characteristic, as described above, is strictly prohibited and will not be tolerated. The Battery will take steps to prevent and eliminate harassment by non-employees who are in contact with employees. Harassing conduct prohibited by this policy can take many different forms including, but not limited to, written, verbal, physical or visual contact or gestures. The Battery is also compliant with the California Workplace Violence Prevention Act. Workplace violence means any act of violence or threat of violence that occurs in a place of employment. Harassment will be determined in accordance with the experience of the victim rather than the intentions of the perpetrator and may constitute harassment even in the absence of protected characteristics. Any Member who is disturbed by any of the conduct described above is urged to report such matters to Club Management (General Manager or Director of Membership), to any member of our security team, or to any Manager on duty (such as a bar, restaurant, or hotel manager).
6. Transactions & Outstanding Balances | Members and Guests who purchase food, beverage, or products at the Premises shall identify themselves as a Member, or a Guest of a named Member, as the case may be, at the time of purchase. Payment may be made by cash or credit card and shall be made at the time of purchase. Personal checks will not be accepted as payment at The Battery. All bills must be settled in full before leaving The Battery. There are no credit facilities. Members are responsible for their Guests’ bills. Excessive, frequent, or long-standing balances may result in the suspension or termination of membership, or a withdrawn renewal.
7. General Controversy | The Battery maintains, at considerable cost and effort, a positive reputation in our community. Members, or their Guests, who exhibit conduct that could portray the Club in a negative light, or who commit a series of infractions that, by themselves, would not constitute termination, but collectively jeopardize the Club's reputation, may have their Membership terminated or their renewal withdrawn.
8. Disciplinary Action | Conduct by a Member or Guest that is prejudicial to our Customs or this Charter may result in a withdrawn renewal, suspension or expulsion of such Member or Guest. Such conduct may include inappropriate, violent or abusive behavior, or the communication of information concerning The Battery, its employees, its Members or their Guests to the media. An expelled Member may not return to any of our clubhouses in any capacity. Should an expelled Member attempt or be successful in regaining entry, the Member with which they are associated will be held responsible. Any Member or Members who willfully remove, damage or destroy any property belonging to The Battery, or property belonging to Members or Guests on the premises of The Battery, will be liable to expulsion and/or suspension or termination of their Membership. Every Member binds themself to abide by the rules, bylaws and regulations of The Battery at all times upon acceptance as a Member. If The Battery considers that any Members or their Guests' conduct either inside or outside of The Battery premises is, at its absolute discretion, contrary to the interests of The Battery, The Battery may withdraw their renewal or, with immediate effect, expel the Member or Guest from The Battery premises and/or suspend or terminate that Member’s membership without having to give any reason to such Member or Guest. A Member may be removed for violating a provision of this Charter, engaging in any illegal conduct at the Premises, for committing vandalism at the Premises, engaging in altercations, or unreasonably disturbing other Members or Guests. A Member who is removed shall not be entitled to any refund of prepaid annual fees or the Initial Fee.
9. Privacy Policy | The Battery’s Privacy Policy is detailed in Schedule IV of this Charter. It is one of our most important policies, and we urge Club Members to be familiar with it.
10. Philosophy Regarding Club Staff | We have carefully selected an experienced, high quality team of employees at the Club. Their primary focus is the comfort and contentment of our Members. We expect nothing less than a consistent spirit of service and a can-do attitude from them. In return, we expect our Members to treat Club staff with appropriate respect and dignity. If a Member or Guest has an issue with any employee of the Club, the matter shall be addressed to the General Manager in person, or by email, or to The Battery's General Counsel via written notice addressed to: General Counsel, 717 Battery Street, San Francisco, CA 94111.
11. Non-Smoking Premises | By order of the San Francisco Health Department, smoking is not permitted anywhere in the Premises, including The Garden and Roof Deck. Members and Guests wishing to smoke cigarettes (including e-cigarettes, vape pens, and similar devices), pipes or cigars must leave the Premises to do so.
12. Dress Code | We encourage Club Members to dress in the manner that is comfortable for them. Members are expected to use reasonable judgment in how they and their Guests wish to appear in various areas of the Premises.
13. Restrooms | Entry to a restroom stall is limited to one (1) person at a time unless medically necessary in accordance with ADA guidelines.\
14. Dining Reservations | Reservations are strongly recommended for the The Woolsery Restaurant. Tables will be assigned at the discretion of the manager. Only Members may make dining reservations. Reservations should not be canceled with less than 24 hours’ notice. Reservations will be held no longer than fifteen minutes past the reserved time. The Guest number limit (3) may be exceeded in the case of dining reservations, which may include a group of six total diners (i.e. a Member may invite up to five Guests to the Club if a prior dining reservation has been made). Because the maximum size for any dining reservation is six, Members may not make multiple reservations with the intent of combining tables to create larger parties. Party sizes greater than six should be planned more than 24 hours in advance with either our Restaurant team or Private Event team, based on size.
15. Children | Only children of Members may be present at the Premises and only when accompanied by their parent Member in accordance with Section 4 of this Charter. Members are responsible for the behavior of their children. Children of Members shall be deemed Guests.
16. Pets | No animals are allowed in the Premises except as mandated by law.
17. Hosting Events | Members may host Private Events in designated areas of the Premises, working with the Private Event Department to arrange food, beverage and other aspects of the event. Hosting Members shall comply with all terms and conditions of the Private Event agreement with the Club, which shall be in addition to the terms and conditions of this Charter. Periodically, the entire Club or any non-event Club area, may be designated as an "Event Space." This may result in closure of the Club (or designated areas) to accommodate the event. This may occur up to five (5) times per year (a "time" constitues an individual event and its associated production, which may include multiple days per "time"). Advance notice would be given to Members regarding such closures.
18. Holiday Closures | Club closures may occur on holidays or for major staff events. Advanced notice will be given to Members.

Premises Access

The following areas of the Premises may only be accessed by the categories of persons indicated. Guests are not permitted in these areas (save for Restrooms) unless accompanied by a Member in accordance with Section 3(c) of this Charter:

1. Lower Level

   1. The Cove – Full Members, Reciprocal Members, Resident Members, and Guests
   2. The Wine Cellar – Guests of events held for Members or Private Events only. Resident and Reciprocal Members have access to Member Events held in this room, pending ticket or RSVP availability
   3. Restrooms – Full Members, Reciprocal Members, Resident Members, Guests, and Private Event attendees

2. First Floor

   1. The Lobby - Full Members, Reciprocal Members, Resident Members, Guests for the purpose of check-in
   2. The Woolsery & Living Room - Full Members, Reciprocal Members, Resident Members, Guests
   3. The Garden & The Garden Bar – Full Members, Reciprocal Members, Resident Members, Guests

3. Second Floor

   1. The Parlor – Guests of events held for Members or Private Events only. Resident and Reciprocal Members have access to Member Events held in this room, pending ticket or RSVP availability
   2. The Musto Bar – Full Members, Reciprocal Members, Resident Members, Guests, subject to Private Events. No persons under the age of 21 unless previously authorized by management in writing
   3. The Library – Full Members, Reciprocal Members, Resident Members, Guests, subject to Private Events
   4. Restrooms – Full Members, Reciprocal Members, Resident Members, Guests, and Private Event attendees

4. Third Floor

   1. Guest Suites - Resident Members and Guests of Resident Members
      Fourth Floor
   2. Guest Suites - Resident Members and Guests of Resident Members
   3. The Penthouse - Guests of events held for Members or Private Events only. Resident and Reciprocal Members have access to Member Events held in this room, pending ticket or RSVP availability

Schedule I

Rights and Benefits of Full Membership

Full Members shall have the following rights and benefits:

1. Access to the areas of the Premises indicated in Section 4 of this Charter
2. A maximum of three Guests at a time (except as otherwise prearranged)
3. Personal appointments with Wine Director, Art Director, Executive Chef and other designated managers for 15 minutes each per month for advice on personal interests and projects
4. Ability to nominate additional Members, pending available nominations in their profile
5. Attendance at Member Events such as group travel, lectures, and excursions, provided capacity allows
6. Hosting Private Events in facilities at the Premises
7. Preferred pricing on hospitality rooms for Member occupancy

Schedule II

Rights and Benefits of Resident Membership

Resident Members who have booked and secured payment for an overnight Guest room at the Premises and are currently occupying the room shall have the following rights and benefits:

1. Access to the areas of the Premises indicated in Section 4 of this Charter
2. Attendance at Member events that are held on The Premises, provided capacity allows
3. A maximum of three Guests per hotel room at a time (except as otherwise prearranged)

Schedule III

Rights and Benefits of Reciprocal Membership

Reciprocal Members are persons who are granted access to the club under a special reciprocal partnership with another club for a limited time, usually one business day. Their status and membership is confirmed with their parent club prior to their arrival.

1. Access to the areas of the Premises indicated in Section 4 of this Charter
2. A maximum of three Guests at a time (except as otherwise prearranged)
3. Attendance at Member events that are held on The Premises, provided capacity allows'
4. Hosting Private Events in facilities at the Premises
5. Preferred pricing on hospitality rooms for Member occupancy

Schedule IV

Technology & Media Policy

We take your privacy very seriously. Thank you for adhering to The Battery Privacy Policy as outlined below.

Consent to Use of Likeness

From time-to-time, The Battery’s appointed staff and photographers/videographers will be capturing key events. These images and/or video may be shared with those who attended the event in an album for easy distribution. Additionally, The Battery may elect to utilize these images and/or video in social media posts or for future marketing initiatives. Should you prefer to remain anonymous, please let a staff member from the Member Events team know and please position yourself away from the camera. We will do everything we can to respect your privacy and to accommodate your concerns. We may pixelate or use other methods to obscure the identity of Members who have not consented to being filmed or photographed, or who have requested to remain anonymous.

Calls From Mobile Phones & Computers

To protect the relaxed atmosphere within The Battery, Members may not take or make phone calls while in the Club, including video and voice calls from mobile phones and computers. Calls from phones or computers may be made in designated areas (phone booths located on each floor or the designated outdoor area in the exit of The Garden).

Permitted Use of Devices

Texting and using apps on mobile phones are permitted at the Club. Computers and other non-telephone devices (such as tablets) may be used during the day, but must be put away by 5P when Club social activity becomes our focus.

Cameras/Recording Devices

No cameras, video or other recording devices, whether live-streaming or otherwise and whether on a cell phone or other medium, may be used while in The Battery. Members are responsible for ensuring their Guests also abide by this rule. The Battery reserves the right to take possession of and confiscate any cell phone, camera, video or other recording device and any photos, videos or other recorded images used or taken while on club premises.

Audio/Video Sound

Movies, videos, songs, and presentations must only be played through headphones and should not be audible to any other Member or Guest present.

News Media/Social Media

The Battery has a strict no press policy for Members. Members will be held accountable if they disclose or identify any other Members or Guests who are at The Battery in any radio, television or online news media (“News Media”), or social media including but not limited to Facebook, Instagram, Twitter, LinkedIn, Snapchat, YouTube, Vimeo and on personal blogs (“Social Media”).

Confidentiality

The Battery management and all staff members adhere to the strictest confidentiality standards and pledge to maintain all records and personal information concerning Members in the strictest confidence. We do cooperate with law enforcement investigations, court orders, and subpoenas in their requests for information that may otherwise be confidential.

Guest Adherence to Policy

Each Member is responsible for ensuring that their Guests are aware of this Privacy Policy and comply with it. Every restriction on Members is equally applicable to Guests.

Private Events

Each Private Event host (“Host”), with the approval of The Battery Event Manager in charge of the Private Event, will have discretion to determine the privacy policies applicable within the confines of the Private Event venue. Members and Guests attending a Private Event must receive the Host’s permission before recording, photographing, videotaping, publicizing, mentioning the Event in News Media or Social Media, and otherwise publicly identifying or describing the Event, the Host, or its attendees.