PRIVATE MEMBERSHIP AGREEMENT
This Membership Agreement (“Agreement”) is entered into by and between Soundwellmac, LLC, a California limited liability company doing business as Forever Drift Lifestyle (the “Company”), and the individual applying for or participating in membership (“Member”).
Forever Drift Lifestyle is a private lifestyle community that organizes curated social gatherings, automotive rallies, travel experiences, and related activities for approved members.
Certain travel advisory or booking services associated with Forever Drift Lifestyle experiences may be facilitated through Forever Drift LLC, an affiliated entity that may operate as a travel advisor working with licensed host travel agencies.
By applying for membership, paying membership dues, or participating in membership activities, Member agrees to the following terms.
1. PRIVATE MEMBERSHIP ORGANIZATION
Forever Drift Lifestyle operates as a private membership lifestyle community.
Membership is by approval only and may be approved, denied, suspended, or revoked at the sole discretion of the Company.
Participation in the community does not create any partnership, joint venture, employment relationship, or fiduciary relationship between the Member and the Company.
The Company does not provide legal, financial, tax, driving instruction, mechanical, or travel advisory services directly.
Membership privileges and invitations are discretionary and may be revoked at any time.
2. EXPLORER ACCESS
Individuals who attend Forever Drift Lifestyle events, participate in experiences, submit booking requests, or otherwise engage with the Forever Drift community may be granted complimentary “Explorer Access.”
Explorer Access allows individuals to receive invitations, communications, and limited participation opportunities within the Forever Drift Lifestyle ecosystem but does not constitute full membership.
Explorer Access holders do not have access to full membership privileges, benefits, or community features reserved for approved Members.
Full membership in Forever Drift Lifestyle requires a separate application, approval by the Company, and acceptance of this Private Membership Agreement.
3. MEMBERSHIP FEES
Members may be required to pay membership dues as determined by the Company.
Member acknowledges that annual or monthly membership fee is paid to Soundwellmac, LLC solely for access to a private social society and its vetted community network. This fee is strictly for social and emotional "access to people, environments, and opportunities" and is not a payment for travel services. Forever Drift Lifestyle is not a travel service, and travel opportunities may arise as a result of participation in the community, but are not included as part of membership.
Membership dues may include:
• monthly dues
• annual dues
• initiation or onboarding fees
The Company may, at its discretion, require a minimum membership commitment period for certain membership plans, tiers, or promotional offers. Any applicable minimum commitment will be disclosed at the time of enrollment.
All membership fees are due in advance.
Membership dues are non-refundable, except where required by law or expressly approved in writing by the Company.
4. PAYMENT PLANS & ACCELERATION OF BALANCE
If the Company permits a payment plan for membership dues or event participation, Member agrees that all remaining balances become immediately due and payable in full in the event of:
• breach of this Agreement
• termination of membership for cause
• failure to make scheduled payments.
Member remains responsible for all outstanding balances even if membership is suspended or terminated.
5. EVENT CONTRIBUTION FEES
Members may be required to pay Event Contribution Fees for specific activities, gatherings, or experiences organized or hosted by Forever Drift Lifestyle.
These fees may include but are not limited to:
• venue reservations
• private restaurant events or buyouts
• rally coordination
• event production
• photography or videography
• staffing or security
• yacht or charter experiences organized by the club
• other logistics associated with club-hosted gatherings.
Event Contribution Fees apply only to membership gatherings, social events, or experiences organized or hosted by the Company and are separate from any travel bookings or travel services arranged through a participating travel advisor or host travel agency.
To the extent that a participating host travel agency or travel advisor determines that certain fees cannot be collected by the Company due to applicable travel industry regulations or agency policies, such fees may be waived, modified, or handled through the applicable travel provider.
Forever Drift Lifestyle does not sell travel services, and any Event Contribution Fees collected by the Company relate solely to membership gatherings or club-hosted experiences.
Members acknowledge that travel bookings, accommodations, transportation, and related travel services may be arranged through independent travel advisors or host travel agencies, including those affiliated with Forever Drift LLC, and are governed by the terms and conditions of those providers.
6. TRAVEL EXPERIENCES AND INDEPENDENT TRAVEL ADVISORY
From time to time, Forever Drift Lifestyle may organize or promote group travel experiences, rallies, or curated trips for Members.
Travel bookings associated with such experiences may be facilitated through Forever Drift LLC, which operates as an independent travel advisor in coordination with licensed host travel agencies and travel suppliers.
Members remain free to arrange travel through any travel advisor, agency, or provider of their choosing. Travel experiences coordinated through Forever Drift LLC are offered for convenience and may include curated group itineraries or coordination associated with certain Forever Drift Lifestyle activities.
Forever Drift LLC offers its travel advisory and custom booking services to the general public at market rates. Accordingly, membership in Forever Drift Lifestyle does not constitute a “discount travel program” and does not provide preferential pricing or travel benefits not otherwise available to the public.
Members acknowledge that all travel services, including flights, accommodations, transportation, and related services, are provided solely by independent third-party travel providers and are subject to the terms and conditions of those providers.
Soundwellmac, LLC (Forever Drift Lifestyle) is a private social membership organization and does not provide, sell, arrange, or act as a provider of travel services.
Forever Drift LLC is a legally separate and independent entity that may facilitate introductions to third-party travel providers in its capacity as a travel advisor.
Participation in Forever Drift Lifestyle or its activities does not create any obligation to use any specific travel advisor, agency, or provider.
All payments for travel services are processed directly by the applicable travel provider or host travel agency. Forever Drift Lifestyle does not collect, receive, or process payments for travel services under any circumstances.
7. NON-REFUNDABLE VENDOR COSTS
Members acknowledge that many events require advance payments to third-party vendors.
Once funds have been committed or paid to vendors including but not limited to:
• venues
• restaurants
• hospitality providers
• charter operators
• production teams
• experience-related service providers
those amounts cannot be refunded under any circumstances.
8. CHARGEBACKS CONSTITUTE MATERIAL BREACH
Members agree that any request for refunds must first be submitted directly to the Company.
Members agree not to initiate chargebacks, payment reversals, or payment disputes with a bank or credit card company without first contacting the Company and providing an opportunity to resolve the matter.
Initiating a chargeback or payment dispute constitutes a material breach of this Agreement.
In the event of a chargeback, the Company may:
• immediately terminate membership
• cancel event participation
• deny refunds
• recover chargeback fees, administrative costs, and legal expenses.
9. CANCELLATION & REFUND REQUESTS
Any request for cancellation, withdrawal, or refund must be submitted to the Company in writing, including through the Company’s platform or other designated communication channels as made available by the Company.
Cancellations and refunds are granted, if at all, at the sole discretion of the Company, except where otherwise required by applicable law. Approval of any request does not obligate the Company to grant similar requests in the future.
Membership renews on a recurring basis unless canceled prior to the next billing date. Cancellation will take effect at the end of the current billing period.
All fees are charged in advance and are non-refundable. No refunds or prorated credits will be issued for any unused portion of a billing period.
10. ASSUMPTION OF RISK
Members acknowledge that participation in Forever Drift Lifestyle activities may involve inherent risks including but not limited to:
• driving or riding in high-performance vehicles
• automotive rallies
• travel between locations
• social gatherings where alcohol may be served
• outdoor or waterfront activities.
Such activities involve potential risks including injury, property damage, disability, or death.
Members voluntarily assume all risks associated with participation.
11. LIABILITY WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBER RELEASES AND DISCHARGES THE COMPANY AND ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO SOUNDWELLMAC, LLC, FOREVER DRIFT LLC, FOREVER DRIFT LIFESTYLE, THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, EVENT ORGANIZERS, SPONSORS, AND OTHER MEMBERS FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO PARTICIPATION IN MEMBERSHIP ACTIVITIES OR TRAVEL TO OR FROM SUCH ACTIVITIES BEFORE, DURING, OR AFTER THE EVENT.
This includes claims relating to:
• personal injury
• property damage
• vehicle incidents
• alcohol consumption
• third-party vendor services
• negligence (except gross negligence where prohibited by law).
12. CALIFORNIA CIVIL CODE §1542 WAIVER
Member expressly waives the protections of California Civil Code Section 1542.
Member understands that this waiver applies to claims that may not be known at the time of signing this Agreement.
13. VEHICLE RESPONSIBILITY
Members operating vehicles acknowledge that:
• they are solely responsible for their vehicle
• they must maintain valid insurance
• they must possess a valid driver’s license
• they assume responsibility for their driving conduct.
Forever Drift Lifestyle activities, especially driving tours or rallies, are social gatherings and social driving experiences only, and are not races, competitions, competitive driving events, or speed contests.
Members must comply with all traffic laws.
Travel between event locations may occur on public roads, and each driver is solely responsible for their driving decisions.
14. NO INSURANCE COVERAGE
Member acknowledges that the Company does not provide insurance coverage for:
• participants
• vehicles
• personal property
• injuries occurring during participation.
Members are solely responsible for maintaining their own insurance coverage.
15. MEMBER CONDUCT & HARASSMENT POLICY
Members must behave respectfully and lawfully during all Forever Drift Lifestyle activities.
Harassment, intimidation, discrimination, threats, stalking, coercion, or abusive behavior toward other members, guests, staff, or vendors is strictly prohibited.
Members are solely responsible for their interactions with other participants.
The Company reserves the right to remove participants from events or terminate membership for misconduct.
16. MEMBER-TO-MEMBER AND PARTICIPANT DISPUTES
Members acknowledge that Forever Drift Lifestyle activities may involve interactions between members, guests, invitees, participants, and third parties.
Any interactions, relationships, transactions, or disputes between members, participants, guests, or invitees are solely between those individuals.
The Company does not supervise or control interpersonal relationships and shall not be responsible for disputes between members, participants, guests, or invitees.
Members agree that the Company shall not be liable for any claims, damages, injuries, or losses arising out of interactions between members, participants, guests, or invitees.
Members further agree to defend, indemnify, and hold harmless the Company from any claims, lawsuits, or liabilities arising from such disputes.
17. THIRD-PARTY VENDORS
Events may involve third-party service providers including:
• hotels
• restaurants
• transportation companies
• charter providers
• venues.
The Company is not responsible for acts, delays, or failures of third-party vendors.
18. MEDIA RELEASE
Members grant the Company permission to photograph, film, record, reproduce, distribute, publicly display, and otherwise use their image, voice, likeness, name, statements, and vehicles in connection with Forever Drift Lifestyle events and activities.
Such materials may be used by the Company for promotional, marketing, advertising, editorial, or commercial purposes in any media now known or later developed, including but not limited to websites, social media, digital platforms, print materials, and promotional content.
Member acknowledges that these rights are granted worldwide, perpetual, and royalty-free, and that Member will not be entitled to compensation for such use.
To the fullest extent permitted by law, Member releases and waives any claims against the Company relating to the use of such photographs, recordings, or media.
19. INTELLECTUAL PROPERTY
All content, branding, logos, media, text, graphics, images, videos, designs, and materials made available through the Platform are the property of Forever Drift or are used with permission from partners, licensors, or affiliates.
Such materials are protected by applicable intellectual property laws, including copyright, trademark, and other proprietary rights.
No content or materials from the Platform may be copied, reproduced, distributed, modified, displayed, published, transmitted, or otherwise used for commercial or public purposes without the prior written permission of the Company or the applicable rights holder.
Unauthorized use of any materials from the Platform may violate intellectual property laws and these Terms.
20. NON-DISPARAGEMENT
Member agrees not to publish or communicate any knowingly false, defamatory, or misleading statements about the Company, its organizers, employees, members, or events that could reasonably harm the reputation of the Company or its community.
Nothing in this section is intended to prohibit Member from expressing truthful opinions or factual statements permitted by applicable law.
Before posting complaints publicly, Member agrees to provide written notice to the Company and allow thirty (30) days for the Company to address the concern in good faith.
The Company may seek injunctive or equitable relief for violations of this section.
21. CONFIDENTIALITY
Members agree not to disclose non-public information including:
• private event locations
• member lists
• vendor relationships
• internal operations or strategies.
Member lists, contact information, and community communications are private and proprietary to the Company and may not be copied, distributed, or used for solicitation purposes.
22. MEMBER NETWORK PROTECTION & NON-SOLICITATION
Member acknowledges that Forever Drift Lifestyle invests significant time, effort, and resources in developing its membership community, relationships, events, introductions, and partnerships.
Member agrees that they will not use membership in Forever Drift Lifestyle primarily for the purpose of soliciting, recruiting, or encouraging other Members, Participants, vendors, partners, or event contacts of the Company to participate in competing communities, clubs, events, rallies, travel programs, or businesses that materially compete with or undermine the Company.
Member further agrees not to use the Company’s member relationships, introductions, contact information, vendor relationships, or community access obtained through Forever Drift Lifestyle to organize competing events, solicit participants, or divert opportunities away from the Company.
Member lists, relationships, introductions, and community contacts developed through Forever Drift Lifestyle are considered proprietary community assets of the Company.
Nothing in this section is intended to restrict Member from engaging in lawful independent business activities or operating their own business ventures; however, Member agrees not to exploit access to the Forever Drift Lifestyle community in a manner that materially harms the Company or its member network.
The Company reserves the right, in its sole discretion, to suspend or terminate membership for violations of this section and to pursue remedies available under this Agreement and applicable law.
23. INDEMNIFICATION
Member agrees to indemnify, defend, and hold harmless the Company from claims, damages, or liabilities arising from:
• member conduct
• damage caused by member
• violations of law
• breach of this Agreement.
24. NON-CIRCUMVENTION
Members agree not to intentionally circumvent the Company for the purpose of avoiding event fees or participation requirements in connection with opportunities, vendors, or organized experiences introduced directly through Forever Drift Lifestyle.
25. MORALITY / REPUTATION CLAUSE
The Company may terminate membership without refund if a member engages in conduct that harms the reputation, brand, or community of Forever Drift Lifestyle.
26. MEMBERSHIP DISCRETION & REVOCABLE PRIVILEGE
Forever Drift Lifestyle is a private membership organization.
The Company reserves the right, in its sole discretion and subject to applicable law, to approve, deny, suspend, or terminate membership at any time, with or without cause, in order to protect the safety, integrity, and community standards of the organization.
Members acknowledge that admission to and continuation of membership is a privilege and not a right, and participation in Forever Drift Lifestyle activities does not create any expectation of continued membership or invitations.
27. RIGHT TO REFUSE
The Company reserves the right to refuse participation in any event or activity to any Member or Guest where the Company determines, in its sole discretion, that participation may pose a safety risk or disrupt the community.
28. WEBSITE USER CONDUCT & RESPONSIBILITY
Users of the Platform, including for club participation or travel and booking requests, agree to use the website and related services solely for lawful purposes and in accordance with these Terms.
Users may not, directly or indirectly:
• Attempt to hack, disrupt, disable, damage, or gain unauthorized access to the website, its servers, networks, or associated systems.
• Upload, transmit, or distribute viruses, malware, malicious code, or any other harmful technological material.
• Post, upload, or distribute content that is abusive, defamatory, harassing, threatening, obscene, or otherwise unlawful.
• Violate any applicable local, state, national, or international laws or regulations.
• Misuse the Platform in any manner, including attempting to interfere with the proper operation of the website or the access or use of the Platform by other users.
Users are solely responsible for maintaining the confidentiality and security of their account credentials. Any activity conducted through a user's account will be deemed the responsibility of that user. Users agree to notify the Company immediately of any unauthorized access to or use of their account.
The Company reserves the right, in its sole discretion, to suspend, restrict, or terminate access to the Platform for any violation of these Terms.
29. THIRD-PARTY SERVICES
The Platform may contain links to websites, services, or resources provided by third-party vendors or partners. These third-party services are provided for convenience only.
Forever Drift does not control, endorse, or assume responsibility for the content, services, policies, or practices of any third-party providers.
Any interactions, transactions, or agreements entered into between users and such third-party providers are solely between the user and the applicable third party. Users should review the terms, conditions, and privacy policies of any third-party services they choose to access or use.
Forever Drift shall not be liable for any loss, damages, or issues arising from the use of third-party services or websites.
30. DISCLAIMER OF WARRANTIES
The website, Platform, and all related services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.
To the fullest extent permitted by law, Forever Drift disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
Forever Drift does not warrant that the Platform will be uninterrupted, secure, error-free, or free from viruses or other harmful components, nor does the Company guarantee the accuracy, reliability, or completeness of any content made available through the Platform.
Use of the Platform and services is at the user's own risk.
31. TESTIMONIALS DISCLAIMER
Testimonials, reviews, and user experiences presented on the Platform reflect the real-life experiences and opinions of individual users. These testimonials are provided for illustrative purposes only.
Individual results and experiences may vary, and testimonials are not intended to represent or guarantee that current or future users will achieve the same or similar results.
32. REMEDIES FOR BREACH
Member acknowledges that breaches of this Agreement may cause substantial harm to the Company.
To the fullest extent permitted by law, the Company may pursue remedies including:
• injunctive relief
• recovery of actual damages
• attorneys’ fees and legal costs
• administrative costs
• any other remedies available under this Agreement or applicable law.
33. LIMITATION OF LIABILITY
To the fullest extent permitted by law, the total liability of the Company arising out of or relating to this Agreement or participation in membership activities shall not exceed the membership dues paid by the Member during the preceding twelve (12) months.
The Company shall not be liable for any indirect, incidental, consequential, or punitive damages.
34. DISPUTE RESOLUTION
This Agreement shall be governed by and interpreted under the laws of the State of California, without regard to conflict-of-law principles.
Before initiating arbitration, the parties agree to attempt to resolve the dispute through good-faith negotiation for at least thirty (30) days.
If the dispute cannot be resolved through negotiation, any and all disputes, claims, or controversies arising out of or relating to this Agreement, membership, participation in events, or the relationship between the parties shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA).
The arbitration shall take place in Orange County, California.
The parties agree that arbitration shall be the exclusive remedy for any dispute, and no party may file a lawsuit in court except to enforce an arbitration award or seek temporary injunctive relief where permitted by law.
The parties further agree that the arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.
Members waive:
• the right to a jury trial
• participation in class actions or collective proceedings.
The prevailing party in any arbitration shall be entitled to recover reasonable attorneys’ fees and arbitration costs to the extent permitted by law.
35. COMMUNICATIONS CONSENT
Members agree to receive communications from the Company including:
• event invitations
• community updates
• announcements
• promotional information.
Members may unsubscribe from promotional communications but acknowledge that doing so may limit invitations or notifications.
36. ASSIGNMENT; SUCCESSORS
Forever Drift may assign, transfer, or delegate this Agreement, in whole or in part, to any affiliate, successor, or entity in connection with a merger, acquisition, corporate restructuring, change in jurisdiction, or sale of assets.
This Agreement shall be binding upon and inure to the benefit of the Company and its successors and permitted assigns.
Members may not assign or transfer their rights or obligations under these Terms without the prior written consent of the Company.
Any attempted assignment in violation of this provision shall be null and void.
37. FORCE MAJEURE
The Company shall not be liable for delays or failures caused by events beyond its reasonable control including:
• weather
• government actions
• public health emergencies
• vendor failures
• transportation disruptions
• other unforeseen events.
38. NO WAIVER
Failure by the Company to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce it at a later time.
Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of the Company.
39. SEVERABILITY
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain valid and enforceable.
40. MODIFICATIONS TO TERMS
The Company reserves the right to modify, update, or revise this Agreement from time to time in its sole discretion.
Any such changes will become effective upon posting to the Company’s website or upon providing notice to Members or Participants through reasonable means, which may include email or platform notifications.
Changes will apply on a prospective basis only and will not affect any rights or obligations arising prior to the effective date of such changes.
Continued participation in membership, use of the Platform, or attendance at events after such changes have become effective constitutes acceptance of the revised terms.
If Member or Participant does not agree to the updated terms, their sole remedy is to discontinue participation in membership, events, or use of the Platform.
Discontinuation of membership, platform use, or participation does not relieve Member of any outstanding payment obligations, including any applicable minimum membership commitment period agreed to at the time of enrollment.
41. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Member and the Company regarding membership.
42. ACKNOWLEDGMENT
By clicking “I Agree,” submitting a membership application, paying membership dues, or participating in membership activities, Member confirms that they:
• have read and understood this Agreement
• voluntarily assume all risks associated with participation
• agree to the liability waiver and arbitration provisions
• represent that they are at least eighteen (18) years of age or the legal age of majority in their jurisdiction
• agree that electronic acceptance constitutes a legally binding agreement with the same force and effect as a handwritten signature.