TERMS, CONDITIONS & LIABILITY WAIVER

This Agreement is entered into by and between Soundwellmac, LLC, a California limited liability company doing business as Forever Drift Lifestyle, and Forever Drift LLC, a California limited liability company that may coordinate travel advisory services through affiliated host travel agencies (collectively referred to as the “Company,” “Forever Drift,” or “Organizer”), and the undersigned participant (“Participant” or “Non-Member”).

These Terms, Conditions and Liability Waiver (“Terms”) apply to any person who requests an invitation, registers for, purchases a ticket to, books travel through, attends, or participates in any event, rally, gathering, travel experience, or activity organized, hosted, coordinated, or facilitated by the Company.

By requesting an invitation, registering, purchasing a ticket, booking travel, or attending an event, Participant agrees to the following:

1. PRIVATE EVENT STATUS

Events hosted by Forever Drift Lifestyle are private, invitation-based gatherings.

Participation is subject to approval and may be denied or revoked at the discretion of the Company.

Attendance at an event does not grant membership to Forever Drift Lifestyle.

2. EVENT CONTRIBUTION FEES

Participants may be required to pay Event Contribution Fees, which may cover:

  • Venue reservations

  • Restaurant buyouts

  • Hotel accommodations

  • Transportation coordination

  • Yacht or watercraft charter

  • Rally coordination

  • Production / photography / videography

  • Event staffing

  • Security

  • Administrative coordination

All event payments are:

  • Due in advance

  • Non-refundable unless otherwise stated

  • Subject to vendor commitments and minimum attendance

3. NON-REFUNDABLE VENDOR COSTS

Participants acknowledge that many event expenses are prepaid to third-party vendors.

Once funds have been committed or paid to vendors including but not limited to:

  • Hotels

  • Restaurants

  • Charter companies

  • Venues

  • Transportation providers

Those amounts cannot be refunded under any circumstances.

Travel bookings, accommodations, and transportation services may be arranged through independent travel advisors or travel providers, including travel advisory services facilitated by Forever Drift LLC, and are governed solely by the terms of those providers.

4. EVENT CHANGES

The Company reserves the right to:

  • Modify event schedules

  • Change venues

  • Adjust activities

  • Cancel events due to safety, weather, vendor issues, or insufficient participation

If an event is canceled by the Company, refunds may be issued at the Company’s discretion minus vendor commitments.

5. ASSUMPTION OF RISK

Participants acknowledge that activities may include:

  • Driving or riding in high-performance vehicles

  • Group driving events or rallies

  • Social gatherings where alcohol is served

  • Outdoor or waterfront activities

  • Travel to various locations

These activities involve inherent risks including but not limited to:

  • Vehicle accidents

  • Injury

  • Property damage

  • Serious bodily harm

  • Permanent disability

  • Death

Participant voluntarily assumes all risks, whether known or unknown.

6. LIABILITY WAIVER

TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, PARTICIPANT KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, 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, TRAVEL PARTNERS, SPONSORS, HOSTS, VENDORS, AND OTHER PARTICIPANTS, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, OR CAUSES OF ACTION ARISING FROM OR RELATED TO PARTICIPATION IN THE EVENT BEFORE, DURING, OR AFTER THE EVENT, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO:

  • Personal injury

  • Property damage

  • Vehicle incidents

  • Alcohol consumption

  • Third-party vendor services

  • Negligence (except gross negligence where prohibited by law)

7. CALIFORNIA CIVIL CODE §1542 WAIVER

Participant expressly waives the protections of California Civil Code Section 1542, which states:

“A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor.”

Participant acknowledges that they understand the significance of this waiver and voluntarily accept it.

8. VEHICLE RESPONSIBILITY

Participants operating vehicles acknowledge that:

  • They are responsible for their own vehicle

  • They must maintain proper insurance

  • They must possess a valid driver’s license

  • They assume all liability related to their vehicle and driving conduct

The Company does not provide vehicle insurance coverage.

Participants acknowledge that Forever Drift Lifestyle events are social gatherings and not racing or competitive driving events. Participants agree that all driving must comply with applicable traffic laws and safe driving practices. The Company does not supervise driving conduct and is not responsible for actions taken by individual drivers during travel or rally portions of any event.

Participant agrees that Forever Drift Lifestyle events are not races, speed contests, or timed competitions. Any form of racing, reckless driving, or unsafe conduct is strictly prohibited and may result in immediate removal from the event without refund.

Participants acknowledge that the Company does not organize, supervise, or control driving behavior on public roads. Each driver is solely responsible for complying with applicable traffic laws and safe driving practices.

Participants acknowledge that travel between event locations may occur on public roads and that each driver is solely responsible for their driving decisions, vehicle operation, and compliance with all traffic laws.

Participants acknowledge that Forever Drift Lifestyle does not organize or control vehicle convoys on public roads and that participants may choose their own routes and driving behavior at their sole discretion.

9. TRAVEL SERVICES

Travel bookings or travel advisory services may be facilitated through Forever Drift LLC acting as an affiliated travel advisor working with licensed host travel agencies and travel suppliers.

Participants acknowledge that travel bookings, accommodations, transportation, and other travel services may be subject to the terms and conditions of the applicable travel provider, host travel agency, or vendor.

Forever Drift Lifestyle events and community activities may be organized by Soundwellmac, LLC.

The Company does not guarantee the performance of third-party travel providers.

The Company acts solely as a coordinator of experiences and travel advisory services and shall not be deemed a tour operator, carrier, or travel service provider responsible for the acts or omissions of third-party travel suppliers.

10. GUEST MEMBER STATUS

Participants who register for or attend Forever Drift Lifestyle events or travel experiences may receive complimentary Guest Member status within the Forever Drift Lifestyle community.

Guest Members may receive invitations, communications, and limited access to certain Forever Drift Lifestyle experiences.

Guest Membership does not constitute full membership in the Forever Drift Lifestyle private membership organization and does not grant access to member-only privileges or benefits.

Full membership requires approval and acceptance of the Forever Drift Lifestyle Private Membership Agreement.

11. NO INSURANCE COVERAGE

Participant acknowledges that the Company does not provide insurance coverage for participants, vehicles, property, or personal injury. Participants are solely responsible for maintaining their own insurance coverage.

12. ALCOHOL & CONDUCT POLICY

Participants agree:

  • Not to operate a vehicle while under the influence of alcohol or drugs

  • To follow all traffic laws and safety instructions

  • To behave respectfully toward other attendees

The Company may remove any participant for safety concerns or misconduct without refund.

13. PARTICIPANT CONDUCT & HARASSMENT POLICY

Participants are expected to behave respectfully and lawfully during all Forever Drift Lifestyle events and related activities.

Harassment, intimidation, discrimination, threats, unwanted physical contact, stalking, coercion, or abusive behavior toward other participants, guests, staff, vendors, or organizers is strictly prohibited.

This includes conduct occurring:

• during events
• during travel related to events
• in communications or social media connected to the event or community.

Participants are solely responsible for their own conduct and interactions with other participants.

The Company does not supervise or control interpersonal interactions between participants and shall not be responsible for disputes, conflicts, or misconduct between participants.

The Company reserves the right, at its sole discretion, to take action in response to misconduct including:

• removal from an event
• denial of participation in current or future events
• revocation of invitations.

Removal from an event due to misconduct may occur without refund.

Participants acknowledge that violations of this section may result in immediate removal and potential prohibition from future Forever Drift Lifestyle events.

The Company reserves the right to report unlawful conduct to appropriate authorities when necessary.

The Company does not supervise, monitor, or control the conduct of Participants or guests and assumes no responsibility for the actions of individuals attending events.

14. PARTICIPANT-TO-PARTICIPANT DISPUTES

Participants acknowledge that Forever Drift Lifestyle events bring together independent individuals who interact voluntarily.

Any interactions, relationships, transactions, or disputes between Members or Participants are solely between those individuals.

The Company does not control, supervise, or assume responsibility for the conduct of individual Members or Participants.

To the fullest extent permitted by law, Members and Participants agree that the Company shall not be liable for any disputes, claims, damages, injuries, or losses arising from interactions between Members or Participants.

Participants further agree that any claims or disputes arising between individuals shall be resolved directly between the parties involved, and not against the Company.

Members and Participants agree to defend, indemnify, and hold harmless the Company from any claims, lawsuits, or liabilities arising out of disputes between Members or Participants.

15. THIRD-PARTY SERVICES

Events may involve third-party vendors including but not limited to:

  • Hotels

  • Restaurants

  • Charter providers

  • Transportation providers

  • Venues

The Company is not responsible for acts, delays, failures, or negligence of third-party vendors.

16. MEDIA RELEASE

Participant grants the Company permission to photograph, film, record, reproduce, distribute, publicly display, and otherwise use Participant’s image, voice, likeness, 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 websites, social media, digital platforms, and promotional materials.

Participant acknowledges that these rights are granted worldwide, perpetual, and royalty-free, and that Participant will not be entitled to compensation for such use.

To the fullest extent permitted by law, Participant releases and waives any claims against the Company relating to the use of such photographs, recordings, or media.

17. 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.

18. NON-DISPARAGEMENT

Participants agree not to publish false, misleading, or damaging statements about the Company, its organizers, or participants.

Before posting complaints publicly, Participant must provide written notice and allow the Company 30 days to address the concern.

The Company may seek injunctive or equitable relief in any court of competent jurisdiction to prevent violations of this section.

19. CONFIDENTIALITY

Participant agrees not to disclose non-public information about the event including:

  • Private locations

  • Guest lists

  • Vendor relationships

  • Internal operations

The Company may seek injunctive or equitable relief in any court of competent jurisdiction to prevent violations of this section.

20. COMMUNITY PROTECTION & NON-SOLICITATION

Participant acknowledges that Forever Drift Lifestyle invests significant effort and resources in organizing events, building relationships, and developing its participant and membership community.

Participant agrees not to use participation in Forever Drift Lifestyle events for the primary purpose of soliciting, recruiting, or encouraging other Participants, Members, vendors, or contacts introduced through the event to participate in competing communities, events, rallies, travel programs, or businesses that materially compete with or undermine the Company.

Participant further agrees not to use introductions, contacts, relationships, or vendor connections obtained through Forever Drift Lifestyle events to organize competing events or solicit participants in a manner that materially harms the Company, its events, or its community network.

Nothing in this section is intended to restrict lawful independent business activity; however, Participant agrees not to exploit access to the Forever Drift Lifestyle community or event network in a manner that materially harms the Company, its events, or its community network.

The Company reserves the right to deny participation in current or future events to individuals who violate this section.

21. INDEMNIFICATION

Participant agrees to indemnify, defend, and hold harmless the Company from any claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from:

  • Participant conduct

  • Damage caused by Participant

  • Violations of law

  • Breach of these Terms

22. 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, Participant agrees to attempt good faith negotiation for at least thirty (30) days.

Any unresolved dispute shall be resolved exclusively by binding arbitration in Orange County, California, under the rules of the American Arbitration Association (AAA).

Participants waive:

  • Jury trial

  • Class action proceedings

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.

23. LIMITATION OF LIABILITY

To the fullest extent permitted by law, the total liability of the Company for any claim arising out of or relating to participation in any event or activity shall not exceed the total event fees paid by Participant. The Company shall not be liable for any indirect, incidental, consequential, or punitive damages.

24. COMMUNICATIONS CONSENT, NEWS & EVENT INVITATIONS

By requesting an invitation, registering for an event, purchasing a ticket, or participating in any Forever Drift Lifestyle event or experience, Participant agrees to receive communications from the Company, including but not limited to:

  • Event invitations

  • Event updates and schedules

  • Group experience opportunities

  • Community announcements

  • Promotional offers

  • News and updates regarding Forever Drift Lifestyle activities

These communications may be delivered through:

  • Email

  • SMS or messaging services

  • Event platforms or related communication tools.

Participant acknowledges that Forever Drift Lifestyle may occasionally extend complimentary invitations, guest access, or priority access to select events, gatherings, and group experiences.

Participant further acknowledges and agrees that:

Remaining subscribed to Forever Drift Lifestyle communications may be necessary in order to receive invitations to complimentary guest events, group experiences, or private gatherings organized by the Company.

Participants may unsubscribe from promotional communications at any time through the unsubscribe link or instructions included in such communications. However, opting out may prevent Participant from receiving future invitations, updates, or opportunities related to Forever Drift Lifestyle events or guest experiences.

Forever Drift Lifestyle does not sell or distribute participant contact information to unrelated third parties except where reasonably necessary to coordinate events, fulfill services, comply with legal obligations, or as otherwise described in applicable privacy policies.

25. WEBSITE USER CONDUCT & RESPONSIBILITY

Participants 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.

Participants 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.

Participants 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.

26. 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.

27. 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.

28. 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.

29. MEMBERSHIP

Participation in any event does not create any expectation of continued invitations, membership, or admission into the Forever Drift Lifestyle community. Participants may apply for membership through the Company’s application process; however, participation in any event does not guarantee acceptance into the Forever Drift Lifestyle community.

30. 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.

Users 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.

31. FORCE MAJEURE

The Company shall not be liable for failure or delay in performing event obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, weather conditions, government actions, public health emergencies, vendor failures, labor disputes, transportation disruptions, or other unforeseen events.

32. 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.

33. SEVERABILITY

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

34. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the Participant and the Company relating to participation in the event and supersede all prior communications or representations.

35. ACKNOWLEDGMENT

By clicking “I Agree,” checking the acceptance box, registering for the event, purchasing a ticket, or otherwise participating in the event, Participant acknowledges and agrees that they:

• Have read and understood these Terms
• Voluntarily assume all risks associated with participation
• Agree to the liability waiver and arbitration provisions
• Represent and warrant that they are at least eighteen (18) years of age or the age of legal majority in the jurisdiction where the event takes place, and that they have the legal capacity to enter into this Agreement
• Agree that electronic acceptance constitutes a legally binding agreement with the same force and effect as a handwritten signature.