CONTRACTUAL MEMBERSHIP AGREEMENT

Home Pro Booster Private Membership Association (PMA) is a private association between both its individual Members and Home Pro Booster which exists to help small business home service professionals succeed in business using a variety of online and offline tools, techniques and products . With the agreement to this membership agreement, I accept the offer made to become a member of Home Pro Booster Private membership Association and agree to pay the Ten Dollar United States Dollars ($10.00USD) monthly membership fee which I understand is included in the advertised plan prices on https://www.homeprobooster.com/signup.

I have read and agree with the following Declaration of Purpose from Article 1 of the Home Pro Booster PMA Articles of Association. (below)

IT IS HEREBY Declared that I/we are exercising our right of “freedom of association”, the right of “free speech”, the right of “religious freedom”, and the “right of association” as guaranteed by the 1st, 7th, 9th, and 14th Amendments of the U.S. Constitution and equivalent provisions of the various State Constitutions. This means that our association activities are restricted to the private domain only. The [Public Domain] is the regular, default mode that is defined by legal terms as “commerce” or “commercial activity” and its governing agencies and bodies. We are operating outside the [Public] space.

The mission of our Association is to provide members with the highest level of professional support and knowledge to help their businesses grow and prosper. The Association may provide paid services, paid products, complementary services and products, and continued education to assist members.
The Association’s aim and charter are to assist in the success of home services professionals who are our members. We believe that the founding fathers who were responsible for the creation of the U.S. Constitution did so under the belief that we are all equal children under God who He himself bestowed us with “unalienable rights”.
Our main objective is to communicate, learn, and educate and we hereby declare that this association of members stands on our rights to maintain and protect the God-given rights, constitutional guarantees, and civil liberties and freedom of every member and citizen of the United States of America. We believe that the Constitution of the United States exists to protect these rights.
We exercise our right to speak, ask for advice, guidance, and counsel, and are free to choose the services and products we so desire: We believe that the 1st, 7th, 9th, and 14th Amendments of the Constitution of the United States of America guarantees our members the rights of free speech, petition, assembly, and the right to gather together for the lawful purpose of advising and helping one another by asserting our rights under the Federal and State Constitutions.
The Association will recognize any person who is in accordance with these principles and policies as a member and will provide a medium through which its individual members may associate for actuating and bringing to fruition the purposes heretofore declared.
No member (Individual and/or Corporation) will intentionally cause any other member of the Association harm, be it physical, spiritual, emotional, or financial
No member will bring any type and or form of legal proceedings against the Association and/or other Member of the Association.
The Association nor any member will discriminate against another member on the basis of race, religion, geolocation, background, sexual preference, or any other trait that makes each member unique.
We proclaim the freedom to choose and provide for ourselves a free, independent, and secure environment and to enhance this environment for the promotion and advancement of ideas and beliefs.

MEMORANDUM OF UNDERSTANDING

The relationship between members and staff members:

I understand that the staff members (those who are employed by the Association) who provide services and care do so in the capacity of a fellow member.

I further understand that within the association only a contract member-member Association relationship exists, not a customer-provider relationship.

In addition, I have freely chosen to change my legal status as a [ customer, or client] to a private member of the Association. I further understand that it is entirely my own responsibility to consider the advice and recommendations offered to me by my fellow members (staff and non-staff members) and to educate myself as to the efficacy, risks, and desirability of same and the acceptance of the offered or recommended services and support. Any request by me to a fellow member to assist me or provide me with the aforementioned services and support is my own free decision in an exercise of my rights and made by me for my benefit, and I agree to hold the Trustees, staff, and other members and the Association harmless from any unintentional liability for the results of such services and support, except for harm that results from instances of a clear and present danger that raises to the level of substantive evil with malicious intent as determined by the Association and as stated and defined by the United States Supreme Court.

The Trustee of Home Pro Booster is David Hurley. He is the key person that will lead the Association in carrying out its objectives.

I understand that, since the Association is protected by the 1st, 7th, 9th, and 14th Amendments to the U.S. Constitution, it is outside the [jurisdiction and authority of Federal and State Agencies and Authorities] concerning any and all complaints or grievances against the Association, and Trustee(s), members or other staff persons. All rights of complaints or grievances shall only be settled by an internal Association Committee. Therefore, for the benefit of the association and its members, I agree not to seek any remedy for relief in the [Public Domain]. I agree that my violation of any part of this membership contract would result in a [no contest legal proceeding] against me.

Any record kept by the association will be strictly protected and only released upon written request of the member, and not to be shared or sold in the [public domain] without express written consent of both the Association and the member.

Member’s free will and agreement: I enter into this agreement of my own free will without any pressure or promise of results. I affirm that I do not represent any [State] or [Federal agency or corporation] whose purpose is to [regulate regulate business and commerce for the public only]. I have read and understood this document, and my questions have been answered fully to my satisfaction. These pages and Article 1 of the Articles of Association of this Association consist of the entire agreement for my membership in the Association and they supersede any previous agreement.

Terms of agreement and cancellation: I understand that I can withdraw from this agreement and terminate my membership in this Association at any time. Canceling my membership, in no way

(a.) waives the adherence to the terms and conditions of this contract

(b.) refunds the annual membership fees, nor any other paid fees for services or products

(c.) cancels any private contract entered into between other private members.

I understand that my membership will auto-renew on the annual anniversary date of my membership and will continue to auto-renew until I decide to cancel, which I can do at any time by emailing [membership@homeprobooster.com] or doing so from my membership dashboard.

Membership Fee: I understand that the membership fee entitles me to receive access to the services, support, and knowledge within the Association but that additional fees may be required for certain services and ongoing support. I will pay the sum of $10.00 as consideration for my Monthly Membership Contract, said term beginning with the date of the signing of this contract, and do hereby certify, attest, and warrant that I have carefully read the above and foregoing Home Pro Booster PMA Contractual Application for Membership and I fully understand and agree with the same.

Why Join a Private Membership Association (PMA)?

In the US, there is a separation of Private and Public, (some refer to it as “church and state”).

Public: The “Public” domain is a legal group of people (“the Public”) who are governed and protected by a government entity. It is regulated by legislative laws.

Private: The “Private” domain is where individuals choose to contract between and govern themselves. It is protected by the U.S. Constitution and Bill of Rights.

Legislative Laws are passed for the “protection of the Public”. However, the first and fourteenth amendments of the Constitution provide for private individuals to assemble together into organizations that are considered private and thus are not governed by laws that apply to the public. These have come to be called “Private Membership Associations”. Examples include boys & girls clubs, boxing associations, and churches.

WHAT IS THE HISTORY OF A PRIVATE MEMBERSHIP ASSOCIATION?

While not explicitly defined in the Constitution, the Supreme Court has acknowledged that certain implicit rights, such as association, privacy, and presumed innocence, share constitutional protection in common with explicit guarantees such as free speech in addition to the next paragraph which is an excerpt from the Arbitration Award and what is being submitted for Congressional Settlement. Specifically, the Supreme Court has described the right to associate as inseparable from the right to free speech. The right of association under the Constitution was heavily litigated in the 1950’s and 1960’s, and members’ rights were consistently upheld by the Court. In fact, the right of association became a cornerstone of the civil rights movement.

Private Membership Association members, parties, and beneficiaries are extended absolute immunity from all criminal, civil, administrative and other actions, procedures, and processes, and other laws, codes, rules, regulations, ordinances, et cetera of the United States of America, any and all States and their instrumentalities and political and other sub-divisions, Territories, and/or Possessions of the United States of America, and no court or tribunal of the United States of America, any and all States and their instrumentalities and political and other sub-divisions, Territories, and/or Possessions of the United States of America shall have authority over the parties and beneficiaries for any reason or cause, or to exercise jurisdiction over the prosecution, litigation and/or other against the parties and beneficiaries for any reason or cause.

In general, members of a private membership association do not fall under the jurisdiction of local, state, and federal governments and corresponding laws and regulations. The exception to this general rule is when the activities of the private membership associates present a clear and present danger of substantive evil.

PRIVATE MEMBERSHIP ASSOCIATION LEGAL FOUNDATION

The right to associate is not limited to social or political activities. This right can be utilized for business activities (e.g. sale of alcohol). Members of a private membership association have the right to private contract under the due process liberty clause of the 5th and 14th Amendments, and states may not pass laws that impair the obligation of a contract. In conclusion, under the 1st, 5th, and 14th amendments we are granted due process.

Yet we must also look at the 10th Amendment; which guarantees that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

We must look also at the 9th Amendment which guarantees certain inalienable rights to every man, woman, and child. Those inalienable rights include not only the freedom of life, liberty, property, speech, assembly, and due process, but any right or freedom which is not specifically given by the Constitution to the government. If the Constitution does not assign a specific right or freedom to the government, then we all have that particular right or freedom.

Those freedoms include the right of self-determination, homeschooling, choice of suppliers of products and/or services, choice of lifestyle, food, drink, and any right or freedom that does not infringe on the rights and freedoms of others or is a threat. In a private membership association, the members have all the rights and privileges not specifically banned by the association unless they present a clear and present danger of substantive evil.