BETWEEN: Subscribed member, in the Province of Ontario,
And Flat 6ix Club Inc. who agree as follows:
1. GRANT OF MEMBERSHIP
1.1 Flat 6ix Club Inc. hereby grants to the Member membership in, and access, to the
Flat 6ix Club Inc location at 190 Millway Avenue, Concord, Ontario L4K 3W4 (the “Club”) upon and subject to the terms and conditions set out below.
1.2 Membership is and remains the property of Club and subject to the terms of the application and this Agreement.
1.3 Where the Member is a corporation the person(s) as set out in the Application shall be that corporation’s Designated Player(s) who shall have the right to exercise the Member’s access privileges hereunder.
2.1 The term of this Membership Agreement and the Membership granted hereunder shall be ongoing on monthly or yearly subscription as set out in the Application from the commencement of this Membership upon a successful application and payment, unless terminated earlier in accordance with the provisions hereof or at management’s sole and absolute discretion.
2.2 The Member’s membership shall be deemed to have commenced on the date in which the Application form, incorporating this Membership Agreement, was signed and paid online and continue to be ongoing until cancellation by the Member or management.
3.1. Subject to the Member’s ability to resign his or her Membership, the Member agrees to pay the posted rate set by the Club on the club website and promotional material at the time of application (plus applicable HST), Club may establish the fees from time to time establish.
4. ENROLMENT FEES
4.1 The Member agrees to pay to Flat 6ix Club Inc. (the “Enrolment Fees”) on the signing hereof to become a member plus charges and other obligations of the Member as set out in the Application and under this Membership Agreement throughout the term hereof. A spouse (married/common-law) or a child may visit the club at no extra charge when accompanied by the approved member.
5. MEMBERSHIP PRIVILEGES
5.1 Members shall have preferential access to the facility from 7am to 11pm to use for socializing, drinks and coffee, be able to attend special events posted on the website by the management and have the benefits as set out on the website from time to time.
5.2 Members have the right to book the facility for social events with consent of the management, a special fee will be charged for the event as determined at the time of booking.
6. RULES & REGULATIONS
6.1 The Member agrees that he or she shall, and that the Member’s guests shall, at all times honour, follow and abide by all reasonable rules, regulations and policies that Club shall from time to time establish for the Club concerning visits, personal conduct, etiquette, dress, guests, care and use of equipment and facilities, tournaments, social activities, booking procedures, sign in procedures, storage use, charging privileges and other matters deemed by Club to be pertinent, necessary or advisable for the operation of a high quality exotic car club.
6.2 The Member is fully responsible for the conduct and actions of his or her guests. Any breach of, or failure to follow, Club Regulations by a guest of the Member shall be deemed to be a breach or failure of the Member rendering the Member liable for the same sanctions as would be the case if such breach or failure had been committed by the Member.
7.1 The Member is free at any time to terminate this Membership Agreement and resign his or her Membership subject to the following terms and conditions:
(a) to be effective the notice of termination and resignation (the “Resignation”) must be in writing signed by the Member and delivered to Club by on-line delivery to the website.
(b) to be effective the Resignation must be unconditional and must state the Members name, Membership number and the address of the member.
7.2 If the Member breaches or fails to abide by this Membership Agreement the Member is subject to suspension of his or her visiting privileges or to expulsion, at the sole discretion of management whose decision shall be final. Without limitation to the foregoing, if the Member is in default in the monthly or yearly payments of fees, all visiting privileges are suspended until full payment is made.
7.3 If the Member is under suspension he or she is not prevented from resigning his or her membership. However, if the Member is put under suspension the Member shall not be entitled to any credit or adjustment of fees or any other compensation in respect of the period of time that such suspension is in effect.
7.4 Where the Member has been expelled under paragraph 7.2 his membership is deemed to have terminated effective on the date selected by management.
7.5 Where the Member has been expelled under paragraph 7.2, then the Member shall not be credited any fees collected by the Club.
7.6 Without limitation to any of its other remedies hereunder, management reserves the right to permanently or temporarily ban any guest that has violated Club Regulations.
8.1 This Membership Agreement and the rights of Membership hereunder are not transferable and may not be sold, transferred, bequeathed, assigned or otherwise disposed of, voluntarily or involuntarily.
9. RELEASE & INDEMNITY
9.1 The Member hereby irrevocably waives and releases any right of action or other claim or recourse (including, without limitation, any claims in tort or occupiers liability) that the Member may at any time have as against Flat 6ix club inc. or its directors, management, employees, sponsors, agents and contractors, in respect of or arising out of any personal injury, property damage or other loss which the Member may at any time incur or suffer as a result of or arising out of the Member’s use of, presence upon or proximity to, any Flat 6ix Club inc. even where such injury or loss is caused by the negligence or other wrongdoing of a person or persons that the Member is releasing hereunder.
9.2 The Member agrees to indemnify and save harmless Flat 6ix Club inc.and its directors employees, sponsors, agents and contractors from and against any and all damages, losses or third party claims, incurred or suffered by, Flat 6ix Club inc.or any of the said persons arising directly or indirectly out of or by reason of any negligent or other act of the Member or his guests, Designated Player(s) or invitee, any breach of this Membership Agreement or the Course Regulations and any damage to the property of Flat 6ix Club inc. or others caused by the Member or his guests, or invitee.
9.3 Release of Liability: The member, acknowledge the inherent risks associated with driving exotic cars or being a member in exotic car club and agree to release and hold harmless the exotic car membership company Flat 6ix Club Inc., its affiliates, employees, and agents from any and all liability arising from my use of the exotic car(s).
10. GENERAL PROVISIONS
10.1 Without limitation to paragraph 7.1, Flat 6ix Club inc. may from time to time issue policies, interpretations, clarifications, amendments or revisions to the Membership Agreement as it deems appropriate from time to time and the same shall be contractually binding on the Member from the date they are stated to take effect on the website.
10.2 The Member is deemed to have accepted all invoices and monthly accounts, including the charges, unless he, in writing, notifies Flat 6ix Club inc.to the contrary within 60 days of receipt of such invoice, account or charge on the credit card.
10.3 All charges, indemnities, damages and other monies owing or payable to Flat 6ix Club inc. by the Member shall be paid to Flat 6ix Club Inc. without any abatement, deduction or set-off whatsoever by the payment method agreed in the Application.
10.4 This Membership Agreement and the rights of Membership hereunder are purely contractual and give to the Member no equity position or other ownership rights in or to Flat 6ix Club Inc. or in or to any of Flat 6ix Club Inc. property.
10.5 Where “the Member” is comprised of 2 or more persons, the indemnities, liabilities and other obligations of the Member hereunder are joint and several and a breach or other default of this Membership Agreement or of the Course Regulations by one such person shall be deemed to be a breach or default of all of them.
10.6 The Member acknowledges that Flat 6ix Club Inc. has no obligations to the Member save as expressly stated in this Membership Agreement and no obligations are to be implied.
10.7 Any notice required or permitted to be given to the Member by Flat 6ix Club Inc. hereunder may also be sufficiently given if mailed by ordinary mail to the address given above (as updated by the Member from time to time) or if so provided in this Agreement by posting to the website.
10.8 This Membership Agreement shall be construed according to the laws of the Province of Ontario, Canada.
11. APPEARANCE RELEASE
11.1 For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I authorize FLAT 6IX Club Inc and Flat SIX ENTERTAINMENT INC., (“Producer”) and its shareholders, executives, directors, partners, and their respective affiliates, subsidiaries, licensees, successors and assigns to make use of my name, voice, appearance or likeness in the specific production of a documentary film or video or episodic show currently titled FLAT 6IX (the “Production”).
11.2 I agree that you may record my voice, conversation and sounds, including any performance of any demonstration and/or training techniques and musical composition(s), during and in connection with my appearance in the Production. I agree that you shall be the exclusive owner of the results and proceeds of the Production with the right throughout the world, an unlimited number of times in perpetuity, in any and all media, now known or hereafter invented, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the Production or otherwise.
11.3 I further agree that you may use, and may license others to use, my name, voice, appearance, likeness and/or any biographical materials concerning me which I may provide, in any and all media and in the promotion, advertising, sale, publicizing and exploitation of the Production and/or otherwise (and ancillary products in connection with the Production) throughout the world in all media, an unlimited number of times in perpetuity, in any and all media, now known or hereafter invented. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and neither they nor my appearance will violate or infringe upon the rights of any third party.
11.4 I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that you will rely on this permission potentially at substantial cost to you, and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date of the first payment by the member.