Automotive Addiction Club Membership Terms and Conditions
MEMBERSHIP TERMS AND CONDITIONS
1. THE CLUB
1.1 Each member contracts with Automotive Addiction (“AA”) to host their membership and maintain a clubhouse for member’s benefit, subject to access restrictions as determined and amended by AA from time to time.
1.2 AA reserves the right to charge members a joining fee, a monthly subscription fee and for admission to the clubhouse premises from time to time. The right to amend or waive any such fees or subscriptions from time to time shall be in AA’s sole discretion.
2. YOUR MEMBERSHIP APPLICATION
2.1 By completing and submitting your application for membership via our website, you agree to be bound by these terms and conditions and AA’s Club Rules.
2.2 The Membership Committee admits new members when space is available. The Membership Committee shall have sole discretion as to who shall become a member of AA.
2.3 This Agreement shall commence upon the acceptance of the Membership Application by AA and the payment of the fees required for Membership (the “Commencement Date”). The term of this Agreement shall continue, unless otherwise terminated in accordance with this Agreement, for a period of one month from the commencement date. AA may, in its sole discretion, for reason sufficient to it, extend the term of a Member’s membership. This Agreement may be renewed for successive one-month periods upon the payment of the then applicable Annual Membership Fee. All fees are not refundable.
3. MEMBERSHIP RENEWAL
3.1 Membership is for a minimum period of one month and automatically renews thereafter on an monthly basis from the Commencement Date, unless member provides thirty (30) days advance notice prior to the expiration of the current year that the member elects to terminate membership.
4. MEMBERSHIP BENEFITS GENERALLY
4.1 Membership benefits vary based on whether a member chooses a Mercedes, or Ferrari-Level membership. Mercedes-Level benefits are outlined in section 5. Ferrari-Level benefits are outlined in section 6.
Unless prohibited by the terms of an event, members may bring up to 2 guests during non-event business hours if they are accompanied by the member. If the member brings a guest to an event, where permitted by the terms of an event, the member must register their guest beforehand where required by the terms of an event. Guests may not enter the lounge without a member physically present. Members and guests cannot access the lounge after hours.
5. MERCEDES MEMBERSHIP BENEFITS
5.1 Members may access the lounge during regular business hours through check in at the front desk area.
5.2 Members may reserve the conference room for up to 4 hours at no additional charge, dependent on conference room availability. Monthly conference room hours reset at the end of each month and do not accrue for use in future months. Members may reserve the conference room for additional time at a rate of $50.00 an hour, dependent on conference room availability.
5.3 Members may attend a monthly group meeting at AA. The date and AA location this meeting is held at is subject to change on a monthly basis.
5.4 Members may attend a monthly offsite happy hour. The date and offsite location this happy hour is held at is subject to change on a monthly basis.
5.5 Members may receive 10% off car placement.
5.6 Members may receive 10% off Zotics Rentals.
5.7 Members may receive 10% off travel with The Flock.
5.8 Members may receive 1 venue rental per year at 25% off in any one of the available Automotive Addiction Museum locations.
6. FERRARI MEMBERSHIP BENEFITS
6.1 Members may access the lounge during regular business hours through the use of a keycard.
6.2 Members may reserve the conference room for up to 6 hours per month at no additional charge, dependent on conference room availability. Monthly conference room hours reset at the end of each month and do not accrue for use in future months. Members may reserve the conference room for additional time at a rate of $50.00 an hour, dependent on conference room availability.
6.3 Members may attend a monthly group meeting at AA. The date and AA location this meeting is held at is subject to change on a monthly basis.
6.4 Members may attend a monthly offsite happy hour. The date and offsite location this happy hour is held at is subject to change on a monthly basis.
6.5 Members may receive 15% off car placement.
6.6 Members may receive 15% off Zotics Rentals.
6.7 Members may receive 10% off travel with The Flock.
6.8 Members may receive 1 venue rental per year at 50% off in any one of the available Automotive Addiction Museum locations.
6.9 Members may attend quarterly events for Ferrari members. The date and location this event is held at subject to change on a quarterly basis.
7. MEMBERSHIP DATABASE
7.1 It is important for us to have your current details in our membership database. By becoming a member of AA, you agree that we can hold your personal details of you for us to use in connection with your membership. If your contact or payment details change, please let us know.
8. MEMBERSHIP PAYMENT
8.1 Upon approval or renewal of your membership, your membership fees become payable immediately. By providing us with your payment details, you accept and consent to being charged with membership fees in the form requested by AA upon your application being approved or renewed. It is within our discretion to amend our membership fees at any time, and we will notify you in advance if there are to be any changes to the amount, date or frequency of the payment of your membership fees.
8.2 Failure to pay the monthly subscription within one month of the due date will result in the member not being admitted to AA and the membership being terminated.
8.3 The Monthly Membership Fees are not refundable under any circumstances and regardless of whether AA terminates a Member’s membership.
8.4 The Member shall promptly pay all costs incurred including application fees, membership fees, driving charges, damages, penalties and other costs as provided in any fees and penalty schedules in effect regardless as to whether or not such schedules are generally publicized.
9. RESIGNATION OR TERMINATION OF YOUR MEMBERSHIP
9.1 If you have selected monthly payment and choose to resign your membership (or your membership is canceled part way through the month), you will still need to pay your full membership fee for the remainder of the month. Under these circumstances any remaining balance shall become immediately due and payable. AA is also entitled to liquidated damages in the amount of $500.00.
10.1 Subject to all its other rights and recourses, AA may, at any time, upon five (5) days’ notice, terminate the Agreement and the Members membership in AA: (i) if the Member fails to pay any sum due under this Agreement or fails to comply with any term or condition specified in the Agreement; or (ii) without cause, in AA’s sole discretion. Upon such termination, the former Member shall not be entitled to any refund of all or any of the fees paid for membership. Further the former Member shall remain responsible for any outstanding fees, costs or expenses including damages caused by them and incurred prior to termination of this Agreement.
10.2 This Agreement shall be automatically and immediately terminated upon written notice by AA to the Member if the Member (i) is not paying its debts as such debts generally become due, (ii) becomes insolvent, (iii) files or has filed against it a petition (or other document) under any bankruptcy law or similar law that is unresolved within sixty (60) days of the filing of such petition (or document), (iv) proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors, (v) makes a general assignment for the benefit of creditors, or (vi) if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of its property or business.
10.3 This Agreement shall be terminated if AA, in its sole and absolute discretion, determines that a Member has caused damage to any Club property including Club vehicles on the road or in the Clubhouse (regardless of whether AA has insurance for such damage) and the Member fails to pay the amount of damages specified by AA within 5 business days after receiving notice of such damage and such amount.
10.4 Upon termination, all of the Member’s rights to use AA’s services and vehicles, if applicable, shall immediately terminate. The Member agrees to return immediately to AA all access card(s), any vehicle or any other property of AA it might have in its possession. Additionally, the Member shall be responsible for and agrees to pay any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise (including, without limitation, any costs relating to recovering any of the foregoing property or any amounts due and owing to AA including any claim for damages or reasonable attorneys’ fees).
11.1 In the event you park a car(s) in the parking lot adjacent to the AA facilities, AA assumes no responsibility for such car. Parking is at your own risk and you are responsible for the towing of said vehicle should the need for removal by tow-truck assistance be required.
12. IMAGE AND LIKENESS
12.1 AA shall have the right in perpetuity to use the member’s name, image, and likeness in connection with advertising, publicity, or otherwise in connection with AA and it’s offerings.
13.1 AA members shall not have their personal or business mail sent to any AA location. Violation of this clause may result in the termination of membership.
14. REMOVAL OF PERSONAL ITEMS
14.1 Members must remove all personal items from the AA’s premises by the end of regular business hours. Violation of this clause may result in the termination of membership.
15. NO AFTER-HOURS ACCESS
15.1 Members shall not access any of AA’s premises after regular business hours, unless attending an after-hours event. Violation of this clause may result in the termination of membership.
16.1 The rights granted to the Member under this Agreement are not assignable or transferable to third parties, in whole or in part. Any attempt to transfer this Agreement without the written consent of AA shall be void and of no force and effect.
16.2 No delay or omission by AA to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by AA of any covenant, condition, or agreement to be performed by the Member shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
16.3 If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
16.4 This Agreement is governed by the laws in force in Utah and shall be interpreted according to the internal laws of such state, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely in the applicable state or federal courts of Utah. The parties hereby consent to the sole jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
16.5 AA reserves the right to change the terms of this Agreement, including membership benefits, from time to time and shall generally publicize such changes to AA’s membership. Such changes shall be effective immediately regardless of the extent to which such changes are publicized.
16.6 The Member understands this Agreement and hereby authorizes AA to charge the Member’s credit card account for all sums due or that become due under this Agreement.
16.7 This instrument contains the entire agreement between the parties hereto and supersedes any and all prior written and/or oral agreements. This Agreement may be altered or modified only in writing signed by the parties hereto.