ANY PERSON ATTENDING A 100|OCT CLUB EVENT MUST SIGN THIS AGREEMENT.
BY COMPLETING THIS REGISTRATION AND PARTICIPATING IN THE 100|OCT CLUB, YOU (“the Member”) (A) ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN; and (B) AGREE TO TENDER PAYMENT OF THE INITIATION FEE AND MONTHLY FEE (ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE).
Member acknowledges that they are voluntarily signing up for membership to the 100|OCT Club (“the Club”). The Club is a private members only group of people who gather for automotive lifestyle events. The Club is a service of NorCal Classics, LLC, a California limited liability company, (“NorCal Classics”) and has various sponsors who have provided goods, money and/or support for the Club (the “Sponsors”).
The Club is open to owners of exotic cars, late-model muscle cars and late-model performance cars. At this time, the Club is limited to just one hundred (100) members and the only guarantee with respect to Club Membership is through full payment of initiation fee and being current on monthly fees.
THE 100|OCT CLUB DRIVES ARE NOT RACES. Member must NOT compete in any manner with other participants. Member must NOT place any bets of any kind in relation to the Events. Member must drive safely and with proper courtesy to all other participants and members of the public. Member must NOT drive if their ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, intoxication (medical or otherwise), influence of illegal substances, or any other condition that will put Participant, and their surrounding Event participants, general driving public, pedestrians, and any other persons or property at risk in any way whatsoever.
Member MUST comply with all applicable laws and regulations of the City, County, State and Country in which they are present at any given time during the Events, including but not limited to all speed regulations, laws of the road, laws relating to the safety of their vehicle and operation of their vehicle, laws relating to registration of their vehicle, laws relating to their personal license to operate a vehicle, insurance laws relating to their operation of their vehicle, and laws relating to the possession or use of alcohol, drugs or other prohibited substances. NorCal Classics reserves the right to revoke Membership for any single violation of the foregoing or of any terms and conditions contained herein.
Member shall obtain and maintain appropriate insurance covering their participation in the Events and shall provide proof of such insurance in a form satisfactory to NorCal Classics should they request such documentation. Appropriate insurance includes, without limitation, third party liability, liability coverage, medical insurance, damage to property and life insurance, and insurance covering Member vehicle's participation in the Events.
Member must have a legal and valid vehicle registration with name of Member matching such Member's vehicle.
Member must hold a current, valid and unrestricted driver's license valid in the United States and must present it to NorCal Classics upon request.
Member must be completely sober while operating any motor vehicle. Each Member must NOT consume alcohol while driving nor drive under the influence of alcohol or any other intoxicating substance at any time.
NorCal Classics is not responsible if it cannot fulfill its obligations due to fire, earthquake, epidemic disease, cyclone, flood, aridity, strike, lightning, revolution, terrorist activities and similar troubles, and in other cases generally accepted as Force Majeure under the statutes and case law of the State of California.
Member agrees to have the 100|OCT logo and any other logos designated by NorCal Classics, including but not limited to official Event Sponsors, attached to Member's vehicle for the entire duration of any Event.
Member may not obscure or alter such logos and must keep them clean and readily visible at all times during Events. Such logos will be easily removable without damaging vehicle finishes. NorCal Classics will therefore not be responsible for claims of damage to vehicle finishes as a result of the application or removal of such logos.
Personal sponsorship for Member's vehicle or Member's clothing is only permitted with the prior written consent of NorCal Classics, which may be withheld in the sole discretion of NorCal Classics. NorCal Classics reserves the right to refuse unauthorized sponsored vehicles from participating in the Events.
Member must immediately tender payment of the initiation fee in the amount of $2,000 (waived for the first 50 members) as well as the first Monthly Dues in the amount of $200. Once a Member has tendered the Initiation Fee and first Monthly Dues, said Initiation Fee and Monthly Dues are non-refundable and will not be returned under any circumstances, including but not limited to Member's inability to participate in any Event and for any reason.
After the commencement of any Event, NorCal Classics will NOT make any refund of the Initiation Fee or Monthly Dues or pay compensation to you if you are unable to continue in the Event for any reason whatsoever. Although all vehicles have sufficient time to arrive at each destination, the routes of the Events can be demanding. If Member does not manage to complete any part of the route and is unable to take part in planned activities, Member will NOT be entitled to any refund of the any Fee nor Dues whatsoever.
NorCal Classics reserves the right to refuse membership to the Club for any reason whatsoever. In case of the refusal of Membership, Initiation Fee and first Monthly Dues will be refunded.
NorCal Classics reserves the right to revoke membership to the Club at any time and for any reason whatsoever. In case of the revocation of Membership, no Fee nor Dues will be refunded. Monthly dues will stop being charged to the associated credit card.
NorCal Classics reserves the right to refuse participation in or to cancel an Event at any time for any reason whatsoever. In case of the cancellation of an Event or the refusal to allow Member to participate, no refunds of the any Fee nor Dues will be made.
By participating in an Event, Member consents to be photographed and to be included in the filming of footage documenting said Event. Member hereby waives any and all rights of publicity or privacy and grants NorCal Classics full and complete permission to utilize and exploit Member's appearance in said Event in any and all manner and media throughout the world in perpetuity. Member further agrees that NorCal Classics has the sole discretion to use or refuse to use any photographs or footage in which Member appears, and that if NorCal Classics does use such photographs or footage, it may be edited at NorCal Classics’ sole discretion. Member consents to the use of their name, image, likeness, voice and biographical material in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes, with the understanding that NorCal Classics will do its best to accommodate all requests for privacy received from our Members. Member expressly releases NorCal Classics from and against any and all claims which Member has or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, footage or any promotional materials.
NorCal Classics reserves the right to change these terms and conditions from time to time subject to notifying Members of the changes. Member shall be deemed to have accepted the amended terms and conditions by participating in an Event.
These terms and conditions, this agreement and Member's participation in an Event shall be governed in accordance with the laws of the State of California, and Member submits to the jurisdiction of the Courts of the State of California, exclusively. By completing the registration form, participating in an Event, and accepting these terms and conditions, Member is entering into a legally binding agreement with NorCal Classics to become a Member and participate in the Events on these terms and conditions.
Member understands that while NorCal Classics will endeavor to keep Member's personal information secure, NorCal Classics does not accept any responsibility should loss or theft of this information occur. Member consents to their personal details being passed on to other third parties that NorCal Classics deems appropriate.
As consideration for being a Member, Member, for themselves, their heirs, personal representatives, assigns and passengers, forever releases, waives, discharges and covenants not to sue NorCal Classics, nor any Sponsor, nor any director, officer, employee, volunteer, agent, contractor, attorney, or representative of either NorCal Classics or of any Sponsor, from any and all actions, claims, or demands that they, their heirs, personal representatives, assigns or passengers now have, or may have in the future, for injury, death, or property damage, related to their Membership and participation in the Events.
NorCal Classics, and its members, employees, consultants, agents, staff, assigns, and attorneys accept no responsibility for and shall not be liable to any Member for the consequences of a Member's actions or omissions in participating in the Events, including but not limited to being cited, charged, prosecuted, or prohibited from participation arising from the improper conduct of a Member at any location, stop, facility, establishment, public road, or any other place a Member is present during the Events.
Member agrees to INDEMNIFY AND HOLD HARMLESS NorCal Classics and all Sponsors from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of their membership and participation in the Events and agrees to reimburse NorCal Classics and any Sponsor for any such expenses incurred.
Member expressly agrees that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
MEMBER IS AWARE THAT OPERATING A VEHICLE WHILE PARTICIPATING IN THE EVENTS IS A HAZARDOUS ACTIVITY, AND THAT THEY COULD BE SERIOUSLY INJURED OR EVEN KILLED, AND THAT SERIOUS INJURY OR DEATH COULD BE CAUSED TO ANY PASSENGER IN THE VEHICLE OR TO ANY OTHER THIRD PARTY. THEY ARE VOLUNTARILY PARTICIPATING IN THE EVENTS WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH AND/OR PROPERTY DAMAGE, TO THEMSELVES OR OTHERS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
Member verifies the above assumption of risk statement by placing their initials here: