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 (collectively referred to as “Company”, “Forever Drift Lifestyle”, or “Organizer”), 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.
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, mechanical, or travel advisory services.
Membership privileges and invitations are discretionary and may be revoked at any time.
2. MEMBERSHIP FEES
Members may be required to pay membership dues as determined by the Company.
Membership dues may include:
• monthly dues
• annual dues
• initiation or onboarding fees
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.
3. 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.
4. 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.
Members acknowledge that travel bookings, accommodations, transportation, and related travel services may be arranged through independent travel advisors or host travel agencies and are governed by the terms and conditions of those providers.
Forever Drift Lifestyle does not sell travel services, and any Event Contribution Fees collected by the Company are strictly related to membership gatherings and club-hosted experiences, not travel bookings.
Participation in travel experiences may require booking through an independent travel advisor or host travel agency, and such travel arrangements are governed solely by the terms of those providers.
5. 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:
• hotels
• restaurants
• venues
• charter companies
• transportation providers
those amounts cannot be refunded under any circumstances.
6. 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.
7. CANCELLATION & REFUND REQUESTS
Any request for cancellation, withdrawal, or refund must be submitted to the Company in writing.
Cancellations or refunds may only be granted upon request and at the sole discretion of the Company, except where otherwise required by law.
Approval of any cancellation or refund does not obligate the Company to grant similar requests in the future.
8. 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.
9. 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 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).
10. 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.
11. 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 are social gatherings and not races or competitive driving events.
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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. CONFIDENTIALITY
Members agree not to disclose non-public information including:
• private event locations
• member lists
• vendor relationships
• internal operations or strategies.
19. 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.
20. 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.
21. NON-CIRCUMVENTION
Members shall not bypass the Company to transact directly with vendors, members, or opportunities introduced through the community.
22. 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.
23. MEMBERSHIP IS A REVOCABLE PRIVILEGE
Membership in Forever Drift Lifestyle is a privilege and not a right.
The Company reserves the sole discretion to approve, deny, suspend, or terminate membership at any time, with or without cause, subject to applicable law.
Member acknowledges that participation in Forever Drift Lifestyle events or activities does not create any expectation of continued membership or invitations.
Decisions regarding membership eligibility, participation, or removal are made at the Company’s discretion and are intended to preserve the integrity, safety, and community standards of Forever Drift Lifestyle.
24. 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
• recovery of damages to the maximum extent permitted by law.
25. LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Company’s liability shall not exceed membership dues paid by the Member within the previous twelve (12) months.
The Company shall not be liable for indirect or consequential damages.
26. 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.
27. 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.
28. 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.
29. SEVERABILITY
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain valid and enforceable.
30. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Member and the Company regarding membership.
31. 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.