Membership Payments: Member will be automatically billed on or about the same day of each month (“Due Date”) starting approximately thirty (30) days from the execution of this contract. Membership dues are paid by monthly automatic electronic payment (credit or debit card) and will be withdrawn from the account provided. At any time, monthly members may upgrade to annual membership by paying the balance for the remaining term of this Agreement.
Membership Upgrades: During the term of Member’s membership, Member may upgrade their membership tier in person or in writing via email to
[email protected]. To upgrade, Member must complete an updated “DRIVERS CLUB MEMBERSHIP PAYMENT AUTHORIZATION” form. Member will be charged the following month, and all months thereafter for the term of this Agreement, for their new tier.
Term: The term of this Agreement shall be for one (1) year from the date of execution and is subject to automatic one (1) year renewals unless canceled pursuant to the section titled, “Cancellation of Membership by Member.”
Late Payment and Fees: A twenty-five-dollar ($25) late payment fee will be owed, in addition to Member’s monthly payment, for each payment not received on or before the close of business on the fourth (4th) day after Member’s Due Date or in the event payment is declined due to insufficient funds. Membership fees must be paid on or before the day they are due. Any Member not current on their monthly payments may have their Membership suspended and may be refused admission to The FIRM until the past-due balance is paid.
MEMBER MUST PROMPTLY NOTIFY THE FIRM IF MEMBER’S PAYMENT METHOD IS CANCELED (E.G. DUE TO LOSS OR THEFT) AND UPDATE MEMBER’S PAYMENT INFORMATION ACCORDINGLY. IF MEMBER FAILS TO NOTIFY THE FIRM OF THE FOREGOING INFORMATION, MEMBER AGREES THE FIRM MAY CONTINUE CHARGING MEMBER PURSUANT TO THE TERMS OF THIS AGREEMENT.
Limited Availability of Facility: Member may use the facilities only during scheduled events posted on www.MotorSportReg.com. Operating hours and current class schedules are listed on our website at www.RaceTheFIRM.com. The FIRM reserves the right to change operating hours or event schedules at its sole discretion, without prior notice, and without any effect to this Agreement. The FIRM may close its facility for private events, military training, maintenance, repairs, holidays or in the event of “severe weather.”
Cancellation of Membership by Member: A member may cancel by giving thirty (30) days’ notice in writing by email to
[email protected].
Cancellation of Membership by The FIRM: The FIRM may terminate this Agreement at any time and without advance notice, for non-payment by Member, or if a representative of The FIRM believes the Member has acted fraudulently or has committed a crime, behaves in an unsafe manner, or for any other reason, and at The FIRM’s sole discretion.
AUTOMATIC RENEWAL POLICY: THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE (1) YEAR TERMS UNLESS THE ABOVE THIRTY (30) DAY NOTICE IS PROVIDED IN WRITING BY EMAIL TO
[email protected].
Membership Program Changes: The FIRM reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by The FIRM. This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement.
Rules: Member shall comply with any and all policies as listed on the website www.GoRally.com. These policies are subject to change from time to time and at The FIRM’s discretion and are effective without specific notice beyond updated content on the aforementioned website.
Privacy and Third-Party Vendors: Member acknowledges and agrees The FIRM is not responsible for representations or availability of, third-party sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. Member further acknowledges and agrees The FIRM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.
Consent to Contact: The FIRM may monitor or record our phone conversations with Member. The FIRM may send Member messages about upcoming events, missed payments, and other important information, using automated telephone dialing, text messages, or email. Phone messages The FIRM leaves may play automatically when Member’s phone is answered. Any persons with access to Member’s phone may view Member’s texts. Member is responsible for keeping text messages and emails private. NO CONFIDENTIAL INFORMATION SHOULD BE SENT VIA TEXT MESSAGE. By giving The FIRM Member’s cell phone number, Member authorizes The FIRM to text them at any telephone number provided about the Drivers Club Membership or for marketing purposes. Standard text messaging and/or calling charges from Member’s phone carrier may apply. The FIRM is not liable for those charges. Member may withdraw the consent described in this section at any time.
No Third-Party Beneficiaries or Transfers: Member agrees that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. Member also agrees their Membership may not be assigned, shared, or transferred. Electronic Form: By signing this agreement, Member consents to have this Agreement and any disclosures or communications about this Agreement or for marketing purposes provided to Member in electronic form.
Liability: The FIRM assumes no liability for theft, collision, fire, or damage in any case. Member assumes responsibility for any loss or damage to their vehicle and property used at The FIRM. THE FIRM DOES NOT MAINTAIN INSURANCE FOR THE BENEFIT OF MEMBER WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT MEMBER MAY HAVE OR CLAIM BY TENANT. MEMBER EXPRESSLY RELEASES THE FIRM FROM ANY LOSSES, CLAIMS, SUITS AND/OR DAMAGES OR RIGHT OF SUBROGATION FOR LOSSES TO SAID PROPERTY CAUSED BY FIRE, THEFT, WATER, RAIN STORMS, TORNADO, EXPLOSION, RIOT, RODENTS, CIVIL DISTURBANCES, INSECTS, SONIC BOOM, LAND, VEHICLES, UNLAWFUL ENTRY, ACT OF GOD, WAR, OR ANY OTHER CAUSE WHATSOEVER THAT COULD NOT REASONABLY HAVE BEEN FORESEEN OR PROVIDED AGAINST, NOR SHALL THE FIRM BE LIABLE TO MEMBER OR MEMBER’S GUEST OR INVITEES FOR ANY PERSONAL INJURIES SUSTAINED BY MEMBER FOR ANY REASON OR MEMBER’S GUEST OR INVITEES WHILE ON OR ABOUT THE FIRM’S PREMISES.
Indemnification: Tenant agrees to indemnify, hold harmless and defend The FIRM, its directors, officers, employees, agents, attorneys, shareholders, and affiliates from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from Member’s use of, or presence at, The FIRM’s facilities or from any act or omission of Member. Member’s indemnity obligation includes, but is not limited to, claims for The FIRM’s active or passive negligence.
Location of Performance: The Parties acknowledge and agree that this Agreement shall have no force or effect until signed by The FIRM. It is agreed among the Parties that this Agreement is deemed to have been signed by The FIRM at The FIRM’s corporate office in Gainesville, Florida, at which time this Agreement shall then have full force and effect and establish the law, jurisdiction, venue, and forum of any and all claims and causes of action between the Parties to this Agreement. The Parties further acknowledge and agree that all performance under this Agreement shall be deemed to occur and take effect only in Gainesville, Florida. Payment to The FIRM will be to the benefit of The FIRM at its corporate office in Gainesville, Florida.
Governing Law, Jurisdiction, and Venue: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. By execution of this Agreement, Tenant agrees to submit, and waives any objection, to the jurisdiction, venue, and forum of any Florida state or federal court having jurisdiction in Alachua County. Tenant waives any claim that the action is brought in an inconvenient forum, that the venue of the action is improper, or that this Agreement or the transactions of which this Agreement is a part may not be enforced in or by any, of the above-named courts.
Headings: Headings in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of this agreement.
Waiver: The failure of The FIRM to partially or fully exercise any rights or the waiver of The FIRM of any breach of this Agreement by Member; a) shall not prevent a subsequent exercise of such right by The FIRM or b) be deemed a waiver by The FIRM of any subsequent breach by Member of the same or any other term of this Agreement. The rights and remedies of The FIRM under these Terms and any other applicable agreement between Member and The FIRM shall be cumulative, and the exercise of any such right or remedy shall not limit The FIRM ’s right to exercise any other right or remedy.
Severability: In the event any one or more of the provisions of this Agreement is adjudged invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired and shall continue unabated and in full force and effect.
Modifications, Amendments: No modifications, amendment, or waiver or any provision of this Agreement shall be effective unless the same shall be in writing and signed by both Parties.
Entire Agreement: This Agreement embodies the entire agreement between the parties with respect to its subject matter and supersedes all prior understandings, statements, and representations by either Party, unless expressly set forth in this Agreement.
Notices: All noticed required or permitted hereunder shall be sufficiently given if in writing and delivered personally, or if sent by internationally recognized overnight courier, registered or certified mail to the addresses set forth below, or at such other address as may be designated in accordance with the notice provision of this Section. Such notice or other communication shall be deemed received (a) on the date delivered, if delivered personally, (b) on the business day after being sent if sent by an internationally recognized overnight courier such as FedEx or UPS, or (c) five days after being sent, if sent by first class registered or certified mail.
If to The FIRM:
Name: Florida International Rally & Motorsport Park, Inc.
Address: 7266 Airport Road
Starke, Florida 32091
Phone: (352) 473-2999
Email:
[email protected] With all notices, an additional copy is to be sent to:
The Strategic Law Group
Attn: Robert DeV. Bunn, Esq.
5745 S.W. 75th Street, Suite 324
Gainesville, FL 32608
If to Member:
Name:
f_name l_name Address:
address city,
state zip Phone:
phone Email:
email Assignment: The FIRM may assign these Terms, in whole or in part, at any time.
Gender and Number: Whenever the context of this Agreement requires, the gender of all words herein shall include the masculine, feminine, and neuter, and the number of all words herein shall include the singular and plural.
Counterparts: This Agreement may be executed in any number of counterparts and via facsimile or other electronic means, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.
Acknowledgement: Member has read, and fully agrees to the term of this Agreement. By executing this agreement, Member certifies and warrants Member is 18 years of age or older and has the right, authority, capacity, and is mentally competent, to enter into this Agreement and to abide by its terms.
BY CLICKING THE “I AGREE” BUTTON BELOW, MEMBER IS ELECTRONICALLY SIGNING THIS AGREEMENT AND AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT INCLUDING THE CONSENT TO ELECTRONIC COMMUNICATIONS.
MEMBER
THE FLORIDA INTERNATIONAL RALLY & MOTORSPORTS PARK, INC.
By: ___________________________________________
Larina Hintze, Vice President of Operations
DRIVERS CLUB MEMBERSHIP PAYMENT AUTHORIZATION
The words “you” and “your” mean the Member who has electronically signed this Drivers Club Membership Payment Authorization. The words “The FIRM,” “we,” “us,” and “our” mean the Florida International Rally & Motorsport Park, Inc. and our successors and assigns.
YOUR PAYMENT CHOICE:
Paid Monthly
$200 per month (minimum 12-month membership)
Paid Annually
$2,100 per year (20% discount)
Paid Monthly
$150 per month (minimum 12-month membership)
Paid Annually
$1,600 per year (20% discount)
Paid Monthly
$100 per month (minimum 12-month membership)
Paid Annually
$1,000 per year (20% discount)
Members who opt for monthly membership options will be charged for the first two months at sign-up. All charges thereafter will be on a monthly basis (beginning on the third month of membership).
Members who opt for annual membership will be charged the full amount of annual membership at sign-up and will be charged the full amount of annual membership automatically, and without advance notice, upon the end of their current term for their membership agreement renewal.
All Membership dues are collected via auto-debit (i.e. electronic funds transfer) from either a debit card or credit card. By providing your debit card or credit card information you authorize The Florida Rally & International Motorsport Park, Inc. (“The FIRM”) to automatically withdraw dues and fees as they come due.
Payment Method:
Credit/Debit Card
Card Number:
billing_cc Cardholder Name:
billing_f_name billing_l_name Billing Address:
billing_address City:
billing_city State:
billing_state Zip:
billing_zip I hereby authorize The FIRM to charge my credit card, and any valid replacement card I supply in the future, for payments during the initial term of twelve (12) months, and for all future payments, based on the amounts set forth above or identified in the Drivers Club Membership Monthly Payment Agreement. I understand that I will be notified of any increase in the monthly payment.
I hereby represent and warrant that all the information supplied above and that provided to The FIRM is true and correct.
BY CLICKING THE “I AGREE” BUTTON BELOW, MEMBER IS ELECTRONICALLY SIGNING THIS AGREEMENT AND AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT.
